Company: North Carolina General Assembly

North Carolina Attorney General Opinion

Article 25.
Endangered and Threatened Wildlife and Wildlife Species of Special Concern.
§ 113‑331.  Definitions.
All of the definitions contained in Article 12 of this Chapter 113 shall apply in this Article except to the extent that they may be herein modified for the purposes of this Article 25.  As used in this Article, unless the context requires otherwise:
(1)	"Conserve" and "conservation" mean the use and application of all methods, procedures and biological information for the purpose of bringing populations of native and once‑native species of wildlife in balance with the optimum carrying capacity of their habitat, and maintaining such balance.  These methods and procedures include all activities associated with scientific resource management such as research; census; law enforcement; habitat protection, acquisition, and enhancement; and restoration of species to unoccupied parts of historic range.  With respect to endangered and threatened species, the terms mean the use of methods and procedures to bring the species to the point at which the measures provided are no longer necessary.
(2)	"Endangered species" means any native or once‑native species of wild animal whose continued existence as a viable component of the State's fauna is determined by the Wildlife Resources Commission to be in jeopardy or any species of wild animal determined to be an "endangered species" pursuant to the Endangered Species Act.
(3)	"Endangered Species Act" means the Endangered Species Act of 1973, Public Law 93‑205 (87 Stat. 884), as it may be subsequently amended.
(4)	"Advisory Committee" means the North Carolina Nongame Wildlife Advisory Committee which is the advisory body of knowledgeable and representative citizens established by resolution of the Wildlife Resources Commission and charged to consider matters relating to nongame wildlife conservation and to advise the Commission in such matters.
(5)	"Protected animal" means a species of wild animal designated by the Wildlife Resources Commission as endangered, threatened, or of special concern.
(6)	"Protected animal list" means any one of the lists of North Carolina animal species that are endangered, threatened, or of special concern.
(7)	"Scientific council" means the group of scientists identified and assembled by the Advisory Committee to review the scientific evidence and to evaluate the status of wildlife species that are candidates for inclusion on a protected animal list.
(8)	"Special concern species" means any species of wild animal native or once‑native to North Carolina which is determined by the Wildlife Resources Commission to require monitoring but which may be taken under regulations adopted under the provisions of this Article.
(9)	"Threatened species" means any native or once‑native species of wild animal which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range, or one that is designated as a threatened species pursuant to the Endangered Species Act.
(10)	"Wild animal" means any native or once‑native nongame amphibian, bird, crustacean, fish, mammal, mollusk or reptile not otherwise legally classified by statute or regulation such as game and fur bearing animals, except those inhabiting and depending upon coastal fishing waters, marine and estuarine resources, marine mammals found in coastal fishing waters, sea turtles found in coastal fishing waters, and those declared to be pests under the Structural Pest Control Act of North Carolina of 1955 or the North Carolina Pesticide Law of 1971.  Nothing in this definition is intended to abrogate G.S. 113‑132(a) or (c), confer jurisdiction upon the Wildlife Resources Commission as to any subject exclusively regulated by any other agency, or to authorize the Wildlife Resources Commission by its regulations to supersede any valid provision of law or regulation administered by any other agency. (1987, c. 382, s. 1.)

G.S. 113-331		Page