Section 69-05.2-08-15 - Permit applications - Permit area - Fish and wildlife resources Each application must include fish and wildlife resource information for the permit and adjacent area.
1. The applicant shall submit for commission approval a study plan for acquiring fish and wildlife information which must include the scope of work, level of detail, and timetable for completing fish and wildlife inventories. The commission, in consultation with the state and federal agencies responsible for fish and wildlife, will ensure that the study plan is sufficient to design the protection and enhancement plan required in section 69-05.2-09-17. 2. The study report must be included in the application and fish and wildlife habitats must be delineated on 1:4,800 scale aerial photographs. 3. Site-specific resource information necessary to address the respective species or habitats is required when the permit or adjacent area is likely to include: a. Listed or proposed endangered or threatened plant or animal species or their critical habitats listed by the secretary of the United States department of the interior under the Endangered Species Act of 1973, as amended [ 16 U.S.C. 1531 et seq.]; b. Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or c. Other species or habitats identified through agency consultation as requiring special protection under state or federal law. 4. Within ten days of the request, the commission will provide the resource information required under subsection 1 to the United States department of the interior, fish and wildlife service regional or field office for their review. N.D. Admin Code 69-05.2-08-15
Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; May 1, 1992.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-14, 38-14.1-24