87-5-102. Definitions. As used in this part, the following definitions apply:
     (1) "Account" means the nongame wildlife account established in 87-5-121.
     (2) "Ecosystem" means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life.
     (3) "Endangered species" means any species or subspecies of wildlife actively threatened with extinction due to any of the following factors:
     (a) the destruction, drastic modification, or severe curtailment of its habitat;
     (b) its overutilization for scientific, commercial, or sporting purposes;
     (c) the effect on it of disease, pollution, or predation;
     (d) other natural or man-made factors affecting its prospects of survival or recruitment within the state; or
     (e) any combination of the foregoing factors.
     (4) "Management" means the collection and application of biological information for the purposes of increasing the number of individuals within species and populations of wildlife up to the optimum carrying capacity of their habitat and maintaining such levels. The term includes the entire range of activities that constitute a modern scientific resource program including but not limited to research, census, law enforcement, habitat improvement, and education. Also included within the term, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.
     (5) "Nongame wildlife" means any wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this state. Animals designated by statute or regulation of this state as predatory in nature are not classified as nongame wildlife for purposes of this part.
     (6) "Optimum carrying capacity" means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.
     (7) "Person" means any individual, firm, corporation, association, or partnership.
     (8) "Take" means to harass, hunt, capture, or kill or attempt to harass, hunt, capture, or kill wildlife.
     (9) "Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg, or offspring or the dead body or parts thereof.

     History: En. Sec. 2, Ch. 461, L. 1973; amd. Sec. 12, Ch. 417, L. 1977; R.C.M. 1947, 26-1802(3), (part (4)), (5) thru (10); amd. Sec. 1, Ch. 627, L. 1983.