N.D. Cent. Code § 20.1-01-02 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-02
20.1-01-02. Definitions
Status: reserved

20.1-01-02. Definitions

In this title, unless the context otherwise requires:

1. "Afield" means being away from one's home or camp. The term does not include

driving or being in actual physical control of a motor vehicle in violation of section

39-08-01 or equivalent ordinance.

2. "Any part thereof" or "the parts thereof" includes the hide, horns, or hoofs of any

animal specified and the plumage, skin, and every other part of any bird specified.

3. "Aquatic nuisance species" means any nonindigenous, obligate aquatic species of

plant or animal which is injurious to native and desirable aquatic species or which has

a negative effect on aquatic habitats, environment, or the economy of the state.

4. "Associated equipment" means:

a. Any system, part, or component of a boat as originally manufactured or any

similar part or component manufactured or sold for replacement, repair, or

improvement of such system, part, or component;

b. Any accessory or equipment for, or appurtenance to, a boat; and

c. Any marine safety article, accessory, or equipment intended for use by a person

on board a boat; but

d. Excluding radio equipment.

5. "Big game" means deer, moose, elk, bighorn sheep, mountain goats, and antelope.

6. "Boat" means any vessel:

a. Manufactured or used primarily for noncommercial use;

b. Leased, rented, or chartered to another for the latter's noncommercial use; or

c. Engaged in the carrying of six or fewer passengers.

7. "Confiscate" or "confiscated" means to hold subject to the order of a court of

competent jurisdiction.

8. "Consideration" means something of value given or done in exchange for something of

value given or done by another.

9. "Crops" means any plant that has been harvested, collected, or stored as livestock

feed, fodder, or fuel.

10. "Day leasing" means the practice of an outfitter entering a short-term lease agreement

that is intended to and does last less than twenty-four hours.

11. "Department" means the game and fish department.

12. "Depredation" means damage to or destruction of private property.

13. "Deputy director" means the deputy director of the department.

14. "Director" means the director of the department.

15. "Disabled veteran" means a veteran who has a one hundred percent

service-connected disability as determined by the department of veterans' affairs or

has an extra-schedular rating to include individual unemployability that brings the

veteran's total disability ratio to one hundred percent as determined by the department

of veterans' affairs.

16. "Endangered species" means any species whose prospects of survival or recruitment

within the state are in jeopardy 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 manmade factors affecting its prospects of survival or

recruitment within the state.

e. Any combination of the foregoing factors.

The term also includes any species classified as endangered pursuant to the

Endangered Species Act of 1973, Public Law 93-205.

17. "Established road or trail" means any public highway or road, improved or otherwise,

dedicated for public ingress or egress, or any other road or trail normally used for

travel but does not include temporary trails across cultivated land used for agricultural

purposes.

18. "Fur-bearers" includes mink, muskrats, weasels, wolverines, otters, martens, fishers,

kit or swift foxes, beavers, raccoons, badgers, wolves, coyotes, bobcats, lynx,

mountain lions, black bears, and red or gray foxes.

19. "Game birds" includes all varieties of geese, brant, swans, ducks, plovers, snipes,

woodcocks, grouse, sagehens, pheasants, Hungarian partridges, quails, partridges,

cranes, rails, coots, wild turkeys, mourning doves, and crows.

20. "Guide" means an individual who is employed by or contracts with a licensed outfitter

to help the outfitter furnish personal services for the conduct of outdoor recreational

activities directly related to the conduct of activities for which the employing outfitter is

licensed.

21. "Gun dogs" includes any dog used to hunt protected wildlife.

22. "Harmful wild birds" includes blackbirds, magpies, English sparrows, and starlings.

23. "Harmless wild birds" includes all wild birds not defined herein as "harmful wild birds"

or "game birds".

24. "Hunt" or "hunting" means shooting, shooting at, pursuing, taking, attempting to take,

or killing any game animals and game birds; searching for or attempting to locate or

flush any game animals and game birds; luring, calling, or attempting to attract game

animals and game birds; hiding for the purpose of taking or attempting to take game

animals and game birds; and walking, crawling, or advancing toward wildlife while

possessing implements or equipment useful in the taking of game animals or game

birds. The term does not include possessing or using photographic equipment.

25. "Hunt through the internet" means to hunt wildlife in real time using internet services to

remotely control actual firearms and to remotely discharge live ammunition allowing a

person who is not physically present to take wildlife. The term includes using any

remotely controlled device to hunt the animal such as a hand-held communication

device, cellular telephone, or global-positioning device.

26. "Immediate area" means the surrounding area within one hundred yards

[91.44 meters] of the big game animal.

27. "Indian land" means land within the exterior boundaries of an Indian reservation held in

trust by the federal government for the benefit of an Indian tribe or an Indian and land

within the exterior boundaries of an Indian reservation owned in fee by an Indian tribe

or an Indian.

28. "Introduce" means to place, release, or allow the escape of a non-native species into a

free-living state.

29. "Manufacturer" means any person engaged in:

a. The manufacture, construction, or assembly of boats or associated equipment.

b. The manufacture or construction of components for boats and associated

equipment to be sold for subsequent assembly.

c. The importation into the state for sale of boats, associated equipment, or

components thereof.

30. "Motorboat" means any vessel propelled by machinery, whether or not the machinery

is the principal source of propulsion. The term does not include a vessel having a valid

marine document issued by the bureau of customs of the United States government or

any federal agency successor thereto.

31. "Motor-driven vehicle" means any land vehicle, with or without wheels, that is

propelled by any motor.

32. "Native aquatic species" means an animal or plant species that is naturally present

and reproducing within this state or which naturally expands from its historic range into

this state.

33. "Non-native species" means a species that is not a native species.

34. "Operate" means to navigate or otherwise use a motorboat or a vessel.

35. "Outfitter" means a person that holds the person's business operation out to the public

for hire or consideration; provides facilities or services for consideration; maintains,

leases, or otherwise provides compensation for the use of land and which receives

compensation from a third party for use of that land; or otherwise uses equipment or

accommodations for consideration for the conduct of outdoor recreational activities,

including hunting animals or birds and fishing on lakes, reservoirs, rivers, and streams.

An outfitter may act as a guide. The term does not include a person holding title or an

equitable interest in business operations if the purpose of the business operation is to

provide food or lodging to the general public, chamber of commerce activities, travel

agencies, or others that offer free information to attract outdoor and recreational use of

their communities.

36. "Owner" means a person, other than a lienholder, having the property in or title to a

motorboat. The term includes a person entitled to the use or possession of a

motorboat subject to an interest in another person, reserved or created by agreement

and securing payment or performance of an obligation, but the term excludes a lessee

under a lease not intended as security.

37. "Passenger" means every person carried on board a vessel other than:

a. The owner or the owner's representative.

b. The operator.

c. Bona fide members of the crew engaged in the business of the vessel who have

contributed no consideration for their carriage and who are paid for their services.

d. Any guest on board a vessel which is being used exclusively for pleasure

purposes who has not contributed any consideration, directly or indirectly, for that

person's carriage.

38. "Person" includes every partnership, association, corporation, and limited liability

company. No violation of this title may be excused because it was done as the agent

or employee of another, nor because it was committed by or through an agent or

employee of the person charged.

39. "Personal watercraft" means a motorboat that is powered by an inboard motor

powering a water jet pump or by an inboard or outboard marine engine and which is

designed to be operated by a person sitting, standing, or kneeling on the craft, rather

than in a conventional manner of sitting or standing inside a motorboat.

40. "Possession" means control, actual possession, and constructive possession of the

article or thing specified.

41. "Private fish hatchery" means a body of water, whether natural or artificial, and any

other facilities used, maintained, or operated by any private person, firm, corporation,

or limited liability company for the propagation and production of fish for sale or

planting in other waters. Except in the case of trout, walleye, northern pike, and

crappie, which may be raised in a private fish hatchery without the director's approval,

the director may, by rule, regulate the species of fish which may be raised in a private

fish hatchery. No waters stocked by any state or federal governmental agency may be

considered a private fish hatchery.

42. "Public waters" means waters to which the general public has a right to access.

43. "Resident" means any person who has actually lived within this state or maintained

that person's residence therein for at least six months immediately preceding the date

that residence is to be determined. A person's residence is the place where the person

remains when not called elsewhere for special or temporary purposes. A resident can

only have one residence and a residence cannot be lost until another is gained. A

residence or home is a permanent building or part of a building and may include a

house, condominium, apartment, room in a house, or mobile home. A rental property,

vacant lot, or house, cabin, or premises used primarily for business or recreational

pursuits may not be considered a residence. A "nonresident" is any person who has

not actually lived within this state or maintained that person's residence within this

state for at least six months immediately preceding the date that residence is to be

determined.

44. "Resident species" means any species nearly all of whose individuals in this state are

located within this state for at least three-fourths of annual cycle of the species.

45. "Retrieve" means to have taken possession and made ready for transportation.

46. "Sell" and "sale" means any sale or offer to sell, or possession with intent to sell, use,

or dispose of, the article or thing specified, contrary to law.

47. "Shooting preserve" or "preserve" means any privately owned or leased acreage

[hectarage] on which hatchery-raised game birds are released to be hunted for a fee

over an extended season.

48. "Sinkbox" or "sunken device" means a raft or any type of low floating device having a

depression that affords a hunter a means of concealing that person below the surface

of the water.

49. "Slow or no wake speed" means the slowest possible speed necessary to maintain

steerage.

50. "Small game" includes all game birds and tree squirrels.

51. "Species" includes any subspecies of wildlife and any other group of wildlife of the

same species or smaller taxa in common spatial arrangement that interbreed when

mature.

52. "Threatened species" means any species which is likely to become an endangered

species within the foreseeable future and includes any species classified as

threatened pursuant to the Endangered Species Act of 1973, Public Law 93-205.

53. "Transport" means to cause or attempt to cause a species to be carried or moved into

or within the state and includes accepting or receiving the species for transportation or

shipment. The term does not include the unintentional transport of a species while on a

specific water of the state or to a connected water of the state where the species being

transported is already present.

54. "Undocumented vessel" means a vessel which does not have a valid marine

document as a vessel of the United States.

55. "Vessel" means any watercraft, other than a seaplane on the water, used or capable of

being used as a means of transportation on water.

56. "Waterfowl" includes all varieties of geese, brant, swans, ducks, rails, and coots.

57. "Waters" when not qualified means waters not open to the general public.

58. "Waters of the state" means all waters of this state, including boundary waters. This

title extends to and is in force and effect over, upon, and in all such waters.

59. "Wildlife" means any member of the animal kingdom including any mammal, fish, bird

(including any migratory, nonmigratory, or endangered bird for which protection is also

afforded by treaty or other international agreement), amphibian, reptile, mollusk,

crustacean, or other invertebrate, and includes any part, product, egg, or offspring

thereof, or the dead body or parts thereof. Wildlife does not include domestic animals

as defined by section 36-01-00.1 or birds or animals held in private ownership.
N.D. Cent. Code § 20.1-03-12.2 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-12.2
20.1-03-12.2. Hunting license and permit application fees
Status: in_force

20.1-03-12.2. Hunting license and permit application fees

Each resident applying for a license or permit to hunt elk, moose, or bighorn sheep under

this chapter must be assessed a nonrefundable application fee of five dollars for each license or

permit application in addition to the fee charged for the issuance of the license or permit under

this chapter. Each nonresident applying for a license or permit to hunt bighorn sheep under this

chapter must be assessed a nonrefundable application fee of one hundred dollars in addition to

the fee charged for the issuance of a license or permit to hunt bighorn sheep under this chapter.
N.D. Cent. Code § 20.1-08-04.6 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.6
20.1-08-04.6. Governor's proclamation concerning the hunting of elk - Special elk depredation management licenses
Status: in_force

20.1-08-04.6. Governor's proclamation concerning the hunting of elk - Special elk

depredation management licenses.

The governor may by proclamation provide for a season to hunt elk in a manner, number,

places, and times as the governor prescribes. Licenses to hunt elk must be issued by lottery,

except as provided under subsection 7 of section 20.1-03-11, with only residents eligible to

apply.

An owner of farmed elk who is experiencing elk depredation problems may contact the

director. Upon investigation, the director may issue special elk depredation management

licenses. The governor by proclamation shall establish a procedure to issue elk depredation

management licenses in a timely manner.

Except for landowners who receive a license under subsection 7 of section 20.1-03-11 and

landowners who receive special elk depredation management licenses issued to landowners

under subsection 7 of section 20.1-03-11, and persons who receive a special elk depredation

management license issued by lottery under this section, a person may only receive one license

to hunt elk issued by lottery in a lifetime. An individual who has been convicted of illegally taking

a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this section.
N.D. Cent. Code § 20.1-13-13 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-13
20.1-13-13. Owner's civil liability
Status: in_force

20.1-13-13. Owner's civil liability

The owner of a vessel is liable for any injury or damage occasioned by the negligent

operation of such vessel, whether such negligence consists of a violation of state statutes, or

neglecting to observe such ordinary care and such operation as the rules of the common law

require. The owner is not liable, however, unless such vessel is being used with the owner's

express or implied consent. It must be presumed that such vessel is being operated with the

knowledge and consent of the owner, if at the time of the injury or damage it is under the control

of the owner's spouse, father, mother, brother, sister, son, daughter, or other immediate member

of the owner's family. Nothing herein relieves any other person from any liability that person

would otherwise have, and nothing contained herein authorizes or permits any recovery in

excess of injury or damage actually incurred.
N.D. Cent. Code § 20.1-13.1-05 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-05
20.1-13.1-05. Action following chemical test result for a motorboat or vessel operator
Status: in_force

20.1-13.1-05. Action following chemical test result for a motorboat or vessel operator

If a person submits to a chemical test under section 20.1-13.1-01, 20.1-13.1-03, or

20.1-13.1-04 and the test shows that person to have an alcohol, other drug, or a combination

thereof concentration of at least ten one-hundredths of one percent by weight at the time of the

performance of the test within two hours after the operating of a motorboat or vessel, the

following procedures apply:

1. The game warden or law enforcement officer shall immediately issue a statement of

intent to prohibit the person from operating a motorboat or vessel. The issuance of a

statement of intent to prohibit the person from operating a motorboat or vessel serves

as the director's official notification to the person of the director's intent to prohibit the

person from operating a motorboat or vessel in this state.

2. If a chemical test administered under section 20.1-13.1-01 or 20.1-13.1-04 was by

urine sample or by drawing blood as provided in section 20.1-13.1-03 and the

individual tested does not reside in an area in which the game warden or law

enforcement officer has jurisdiction, the game warden or law enforcement officer shall,

on receiving the analysis of the urine or blood from the director of the state crime

laboratory or the director's designee and if the analysis shows that individual had an

alcohol, other drug, or a combination thereof concentration of at least ten

one-hundredths of one percent by weight, either proceed in accordance with

subsection 1 during that individual's reappearance within the game warden's or

officer's jurisdiction or notify a game warden or law enforcement agency having

jurisdiction where the individual resides. On that notification, that game warden or law

enforcement agency shall immediately issue a statement of intent to prohibit the

individual from operating a motorboat or vessel. The issuance of a statement of intent

to prohibit the individual from operating a motorboat or vessel serves as the director's

official notification to the individual of the director's intent to prohibit the individual from

operating a motorboat or vessel in this state.

3. The game warden or law enforcement officer, within five days of issuing the statement

of intent, shall forward to the director a certified written report in the form required by

the director. If the statement was given because of the results of a chemical test, the

report must show that the game warden or officer had probable cause to believe the

individual had been operating a motorboat or vessel while in violation of section

20.1-13-07, that the individual was lawfully arrested, that the individual was chemically

tested under this chapter, and that the results of the test show that the individual had

an alcohol, other drug, or a combination thereof concentration of at least ten

one-hundredths of one percent by weight. In addition to the report, the game warden

or law enforcement officer shall forward to the director a certified copy of the

operational checklist and test records of a breath test and a copy of the certified copy

of the analytical report for a blood or urine test for all tests administered at the direction

of the game warden or officer.
N.D. Cent. Code § 20.1-08-02 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-02
20.1-08-02. Governor may vary statutory open and closed season by order or proclamation
Status: in_force

20.1-08-02. Governor may vary statutory open and closed season by order or

proclamation.

Whenever the governor, after investigation and recommendation by the director, finds:

1. That any species of wildlife for which an open season is provided, are in danger of

depletion or extinction, or when necessary for proper protection during the propagating

period, the governor may, by order, provide protection for that species additional to

that provided by law.

2. That any species of wildlife have become sufficient in numbers to warrant an open

season, or to be detrimental, or a nuisance to the farmers of the state, the governor

may, by order, declare an open season thereon, or may extend the open season

provided by law.

3. That any species of fur-bearing animals have become sufficient in numbers to warrant

an open season or have become a menace to other species of wildlife in the state, the

governor may, by order, declare an open season thereon, or may extend the open

season provided by law.

4. That due to climatic conditions a hunting season may create a fire hazard, the

governor may, by order, close or postpone, and reopen, any hunting season in areas

where these conditions exist, upon reasonable notice through the media. The

emergency closing or postponement and reopening can be accomplished without

complying with section 20.1-08-05.
N.D. Cent. Code § 20.1-03-11.5 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-11.5
20.1-03-11.5. Purchase of bonus points awarded for lotteries
Status: in_force

20.1-03-11.5. Purchase of bonus points awarded for lotteries

1. When an application for a license issued by a lottery that accrues bonus points is

made by an eligible resident with the intent to forfeit the opportunity to receive that

license, the director shall limit that applicant to the purchase of one bonus point for that

year for that lottery. The applicant shall pay the same fee as the respective license.

2. The director shall allocate fees collected under subsection 1 to the private lands open

to sportsmen program.
N.D. Cent. Code § 20.1-04-07 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-07
20.1-04-07. Governor's proclamation concerning the taking of wild turkeys - Youth spring wild turkey licenses - Spring wild turkey licenses
Status: in_force

20.1-04-07. Governor's proclamation concerning the taking of wild turkeys - Youth

spring wild turkey licenses - Spring wild turkey licenses.

1. The governor by proclamation may provide for a season to take wild turkeys in the

manner, number, places, and times deemed in the state's best interests. The governor

by proclamation may allow individuals who are first-time youth spring wild turkey

hunters to receive one spring wild turkey license valid for the regular spring wild turkey

season. To be eligible to receive a spring wild turkey license, an individual must be

fifteen years of age or younger on the opening day of the spring wild turkey season

and have never received a spring wild turkey license.

2. The governor by proclamation shall make available to residents and nonresidents any

licenses remaining after the resident fall drawing.
N.D. Cent. Code § 20.1-12-02 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-02
20.1-12-02. Operating permit for shooting preserve
Status: in_force

20.1-12-02. Operating permit for shooting preserve

Any person who desires to establish a shooting preserve under this chapter may apply to

the director for a shooting preserve operating permit. The application must be made by the

applicant, the applicant's agent, or the applicant's attorney; must be in the form the director

prescribes; and must be accompanied by the appropriate operating permit fee. Acreage

[hectarage] amounts must include lands used for hatching, game production areas, or

headquarters areas. Upon the receipt of the application, the director shall inspect the area

described therein, including the facilities, and shall investigate the ability of the applicant to

operate an area of this character, in accordance with section 20.1-12-03. The permit, if granted,

must be issued for one year, and may be renewed annually by payment of the appropriate

operating permit fee.
N.D. Cent. Code § 20.1-02-25 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-25
20.1-02-25. Meetings and duties
Status: in_force

20.1-02-25. Meetings and duties

Each board member shall hold a public meeting at least twice each fiscal year in the board

member's respective district to make presentations and to determine the needs and the

opinions of those interested in these activities. The board shall meet at least twice each fiscal

year. The board has the authority to advise the director regarding any policy of hunting, fishing,

and trapping regulations, and may make general recommendations concerning the operation of

the department and its programs that the director may carry out. The board shall forward copies

of its recommendations to the governor. This section does not limit or restrict the powers, duties,

and authority of the governor in the issuance of orders and proclamations as provided in chapter

20.1-08.
N.D. Cent. Code § 20.1-05-02 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-02
20.1-05-02. Big game animals protected
Status: in_force

20.1-05-02. Big game animals protected

Except as otherwise provided in section 20.1-02-28, a person may not hunt, harass, chase,

pursue, take, attempt to take, possess, transport, ship, convey by common or private carrier,

sell, barter, or exchange a big game animal except as provided in carrying out practices to

alleviate depredations under the private land habitat and access improvement program and

elsewhere in this title.
N.D. Cent. Code § 20.1-01-28 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-28
20.1-01-28. Certain game and fish violations noncriminal - Procedures
Status: in_force

20.1-01-28. Certain game and fish violations noncriminal - Procedures

Any person who has been cited for a violation that is designated as a noncriminal offense in

this title or in related rules or proclamations may appear before a court of competent jurisdiction

and pay the statutory fee at or prior to the time scheduled for a hearing, or if bond has been

posted, may forfeit the bond by not appearing at the scheduled time. A person appearing at the

time scheduled in the citation may make a statement in explanation of that person's action and

the judge may at that time waive, reduce, or suspend the statutory fee or bond, or both. If the

person cited follows the foregoing procedures, that person has admitted the violation and has

waived the right to a hearing on the issue of commission of the violation. The bond required to

secure appearance before the judge must be identical to the statutory fee established by section
N.D. Cent. Code § 20.1-01-12 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-12
20.1-01-12. Hiring another to hunt or hunting for another for remuneration unlawful
Status: in_force

20.1-01-12. Hiring another to hunt or hunting for another for remuneration unlawful

No person may hire another person to hunt small game or big game for the hiring person,

nor may any person hunt small game or big game for another for remuneration.
N.D. Cent. Code § 20.1-02-05.2 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-05.2
20.1-02-05.2. Private land access program - Guidelines
Status: in_force

20.1-02-05.2. Private land access program - Guidelines

Expired under S.L. 2005, ch. 210, § 4.
N.D. Cent. Code § 20.1-03-24 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-24
20.1-03-24. Transportation of game or fish by residents having hunting, fishing, or fur-bearer licenses
Status: in_force

20.1-03-24. Transportation of game or fish by residents having hunting, fishing, or

fur-bearer licenses.

Any resident having a hunting, fishing, or fur-bearer license and lawfully in possession of

any big game, small game, fur-bearer, or fish may:

1. Ship such game or fish by common carrier to the person's residential address; or

2. Carry such game or fish on a common carrier or other conveyance to the person's

residential address.
N.D. Cent. Code § 20.1-02-16.8 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.8
20.1-02-16.8. Waterfowl habitat improvement fund
Status: in_force

20.1-02-16.8. Waterfowl habitat improvement fund

There is created in the state treasury a special fund known as the waterfowl habitat

improvement fund. The fund consists of transfers and deposits made in accordance with section

20.1-03-12.5 and interest earned on moneys in the fund. Moneys in the fund may be expended,

subject to legislative appropriations, for improving or restoring waterfowl habitat and supporting

youth hunting programs, including providing a match for federal funding obtained by the

department.
N.D. Cent. Code § 20.1-05-07 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-07
20.1-05-07. When seals to be attached to carcasses of big game animals - Director to furnish seals
Status: in_force

20.1-05-07. When seals to be attached to carcasses of big game animals - Director to

furnish seals.

Each person having a big game hunting license, immediately after killing a big game animal,

shall affix to the animal's carcass a locking seal bearing that person's big game hunting license

number. The director shall furnish the locking seal with each big game hunting license issued.

The seal must be attached and sealed in a manner prescribed by the director.
N.D. Cent. Code § 20.1-14-01 — ND Code / Title 20.1 / Chapter 20.1-14 / Section 20.1-14-01
20.1-14-01. General penalty
Status: in_force

20.1-14-01. General penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-03-28 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-28
20.1-03-28. Duplicate licenses or permits
Status: repealed

20.1-03-28. Duplicate licenses or permits

Repealed by S.L. 1983, ch. 265, § 2.
N.D. Cent. Code § 20.1-13.1-12 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-12
20.1-13.1-12. Effect of evidence of chemical test
Status: in_force

20.1-13.1-12. Effect of evidence of chemical test

This chapter does not limit the introduction of any other competent evidence bearing on the

question of whether the person was under the influence of intoxicating liquor, drugs, or a

combination thereof, but, if the chemical test results show an alcohol, other drug, or a

combination thereof concentration of at least ten one-hundredths of one percent, the purpose of

the evidence must be limited to the issues of probable cause, whether an arrest was made prior

to the administering of the test, and the validity of the test results.
N.D. Cent. Code § 20.1-04-15 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-15
20.1-04-15. Pheasant season - Opening
Status: in_force

20.1-04-15. Pheasant season - Opening

The open or lawful season on pheasant and the open or lawful season on duck may not

commence on the same weekend. Except as otherwise provided in this section for the opening

of pheasant season for youth, the open or lawful season on pheasant may not open earlier than

one-half hour before sunrise and the season may not commence earlier than the first Saturday

of October nor later than October twelfth of any given year. The governor, in the governor's

proclamation, may provide a pheasant hunting season for youth.
N.D. Cent. Code § 20.1-02-14 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-14
20.1-02-14. Writs served and executed by game wardens - Peace officers and others to aid wardens, when
Status: in_force

20.1-02-14. Writs served and executed by game wardens - Peace officers and others

to aid wardens, when.

The director, deputy director, and all wardens and deputy wardens may serve and execute,

in the same manner as any sheriff, all warrants and legal process issued by a court in enforcing

this title. The officers of the department may call to their aid any sheriff, deputy sheriff, police

officer, or other person to enforce this title. All peace officers or other persons, when called

upon, shall enforce and aid in enforcing this title.
N.D. Cent. Code § 20.1-03-23 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-23
20.1-03-23. Records to be kept by licensed dealers in green furs - Report to director - Penalty
Status: in_force

20.1-03-23. Records to be kept by licensed dealers in green furs - Report to director -

Penalty.

Each person licensed to engage in the business of buying or shipping green furs shall keep

a true and correct record of each purchase of green furs made by that person. The record must

show:

1. The date of the purchase.

2. The name and address of the seller.

3. The kind and number of furs involved in the purchase.

4. The amount of money paid to the seller for the furs purchased.

5. Any additional information as the director may require.

The information contained in the record must be furnished to the director on forms prepared by

the director and under rules the director may adopt. Any person who violates this section is

guilty of a class 1 noncriminal offense.
N.D. Cent. Code § 20.1-03-12.5 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-12.5
20.1-03-12.5. Waterfowl habitat restoration electronic stamp required - Use of revenue
Status: in_force

20.1-03-12.5. Waterfowl habitat restoration electronic stamp required - Use of

revenue.

A waterfowl habitat restoration electronic stamp is required for every resident and

nonresident to hunt waterfowl within the state for which an electronic stamp fee of five dollars

must be charged. All money generated by the waterfowl habitat restoration electronic stamp

fees must be placed in the waterfowl habitat improvement fund.
N.D. Cent. Code § 20.1-08-05 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-05
20.1-08-05. Proclamation to be published - Exceptions - Period proclamation is in effect
Status: in_force

20.1-08-05. Proclamation to be published - Exceptions - Period proclamation is in

effect.

Except as provided in subsection 4 of section 20.1-08-02, a summary of each order or

proclamation issued by the governor pursuant to this chapter must be published once in the

official newspaper of each county affected thereby. The summary must include a list of the

species that may be harvested, the date that the season for each species opens and closes, the

daily and possession limits for each species, any changes in regulations from the previous year,

and any changes in units opened or closed to hunting or fishing from the previous year. The

summary must also list the address and telephone number of the game and fish department

and state that a copy of the complete legal proclamation may be obtained from the department.

No order or proclamation becomes effective until after the department prints each complete

proclamation or order and distributes a copy to each county auditor affected thereby.
N.D. Cent. Code § 20.1-03-34 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-34
20.1-03-34. Signature and possession requirements
Status: in_force

20.1-03-34. Signature and possession requirements

Signature and possession of license requirements may be waived by the director by rule for

individuals licensed through license systems established under section 20.1-03-32.
N.D. Cent. Code § 20.1-06-17 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-17
20.1-06-17. Frogs - Season for taking - Rules
Status: in_force

20.1-06-17. Frogs - Season for taking - Rules

No person may engage in the taking of frogs for sale for human consumption or scientific

purposes without obtaining a frog license from the director. No person may buy, job, take on

consignment, or ship frogs without obtaining the appropriate resident or nonresident commercial

frog license. The director shall designate the form of the licenses, the areas in which the license

is valid, and any other restrictions. The director shall issue rules relating to the manner of taking,

shipping, buying, or selling and may require reports from each licensee at the time and

containing information as deemed necessary. Except as provided in subsection 3 of section

20.1-03-04.1, it is unlawful to take frogs on private land without written permission of the owner

or operator of the land.
N.D. Cent. Code § 20.1-09-02 — ND Code / Title 20.1 / Chapter 20.1-09 / Section 20.1-09-02
20.1-09-02. Permits to propagate, domesticate, or possess birds or animals
Status: in_force

20.1-09-02. Permits to propagate, domesticate, or possess birds or animals

Permits to propagate, domesticate, or possess live protected birds or animals may be

issued by the director to any North Dakota resident. These permits expire on December

thirty-first of the year they are issued. One permit may cover several species of birds or animals,

but a single permit may not cover both birds and animals. No person may possess any live

protected animal or bird without first obtaining a permit from the director.
N.D. Cent. Code § 20.1-17-06 — ND Code / Title 20.1 / Chapter 20.1-17 / Section 20.1-17-06
20.1-17-06. Prohibited activities
Status: in_force

20.1-17-06. Prohibited activities

A person may not possess, import, purchase, sell, propagate, transport, or introduce a

prohibited aquatic nuisance species except:

1. Under a permit issued by the director;

2. When being transported to the department, or another destination as the director may

direct, in a sealed container for purposes of identifying the species or reporting the

presence of the species;

3. When being transported for disposal as part of a harvest or control activity under a

permit issued by the director or when being transported as specified by the director;

4. When the specimen has been lawfully acquired dead and, in the case of plant species,

all seeds are removed or are otherwise secured in a sealed container;

5. When being removed from watercraft or equipment, or caught while angling, and

immediately returned to the water from which it came; or

6. As the director otherwise may prescribe by rule.
N.D. Cent. Code § 20.1-02-16.3 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.3
20.1-02-16.3. Small and big game habitat restoration trust fund - Advisory committee - Transfer - Continuing appropriation
Status: repealed

20.1-02-16.3. Small and big game habitat restoration trust fund - Advisory committee -

Transfer - Continuing appropriation.

Repealed by S.L. 1997, ch. 210, § 5.
N.D. Cent. Code § 20.1-10-05 — ND Code / Title 20.1 / Chapter 20.1-10 / Section 20.1-10-05
20.1-10-05. Confiscated perishable property may be sold without court order - Who may sell
Status: in_force

20.1-10-05. Confiscated perishable property may be sold without court order - Who

may sell.

Perishable property confiscated pursuant to this chapter may be sold without a court order

by the officer making the seizure for the highest price obtainable. The proceeds of such sale

must be deposited in a court of competent jurisdiction to await disposition by the court.
N.D. Cent. Code § 20.1-02-11 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-11
20.1-02-11. Deputy game wardens supervised by director - To make reports
Status: in_force

20.1-02-11. Deputy game wardens supervised by director - To make reports

Each district deputy game warden and each special deputy game warden are under the

direct control and supervision of the director, and shall make monthly and annual reports to the

director in a manner required by the director.
N.D. Cent. Code § 20.1-05-02.1 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-02.1
20.1-05-02.1. Unattended dogs harassing or killing big game animals
Status: in_force

20.1-05-02.1. Unattended dogs harassing or killing big game animals

Any district game warden may kill any unattended dog harassing or killing big game. No

action for damages may be maintained against the person for the killing.
N.D. Cent. Code § 20.1-03-18 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-18
20.1-03-18. Agents to file certain licenses - Game officials may inspect file - Return of unused supplies
Status: in_force

20.1-03-18. Agents to file certain licenses - Game officials may inspect file - Return of

unused supplies.

For licenses not issued through the computerized online licensing system, each agent

appointed to distribute hunting and fishing licenses shall keep on file a record of each license

received from the director. These licenses may be inspected at any time by the director or the

director's duly authorized deputies and wardens. Each agent shall return to the director all

unused or mutilated licenses and tags within thirty days after the close of the season for which

the license was valid.
N.D. Cent. Code § 20.1-02-18 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-18
20.1-02-18. State's conditional consent to United States' acquisition of areas for migratory bird reservations - State retains jurisdiction
Status: in_force

20.1-02-18. State's conditional consent to United States' acquisition of areas for

migratory bird reservations - State retains jurisdiction.

North Dakota consents, subject to the approval of the governor for each proposed

acquisition, along with the conditions of sections 20.1-02-18.1 and 20.1-02-18.2, to the United

States acquiring, by purchase, gift, devise, or lease, land or water in this state as the United

States may deem necessary to establish migratory bird reservations in accordance with the

federal Migratory Bird Conservation Act [Pub. L. 70-770; 45 Stat. 1222; 16 U.S.C. 715 et seq.].

North Dakota reserves such full and complete jurisdiction and authority over all such areas of

land or water so acquired by the United States as is not incompatible with the administration,

maintenance, protection, and control of such areas by the United States under the terms of said

Act of Congress.
N.D. Cent. Code § 20.1-04-07.1 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-07.1
20.1-04-07.1. Spring wild turkey licenses - Nonprofit organizations
Status: in_force

20.1-04-07.1. Spring wild turkey licenses - Nonprofit organizations

The director shall issue four spring wild turkey licenses and permits to hunt wild turkeys to

individuals residing in North Dakota who are selected by a nonprofit organization as provided

under section 20.1-05.1-01.
N.D. Cent. Code § 20.1-10-06 — ND Code / Title 20.1 / Chapter 20.1-10 / Section 20.1-10-06
20.1-10-06. Search warrants - Issuance - Contents
Status: in_force

20.1-10-06. Search warrants - Issuance - Contents

Whenever any person makes a complaint to any judge having authority to issue warrants in

criminal cases that the person knows or has good reason to believe that any wild animal, bird,

or fish, or any part thereof, taken, killed, or possessed contrary to this title, is concealed in any

particular house or place, or in the living quarters of any person, the judge shall examine such

complainant on oath, reduce the complaint to writing, describing as particularly as possible the

place where such wild animal, bird, or fish, or part thereof, is alleged to be concealed, and

cause such written complaint to be subscribed by the complainant. If it appears to the judge

there is reasonable cause to believe that the facts alleged in the complaint are true, the judge

shall issue a warrant containing the substance of the complaint and the description of the

premises. This warrant must require the officer to whom it is directed forthwith to search such

premises; to seize any wild animal, bird, or fish, or part thereof, found on such premises; and to

bring them and the person in whose possession they are found, before the judge who issued

the warrant, or before some other judge having jurisdiction.
N.D. Cent. Code § 20.1-01-04 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-04
20.1-01-04. Attorney general, state's attorneys, sheriffs, and peace officers to enforce game and fish laws
Status: in_force

20.1-01-04. Attorney general, state's attorneys, sheriffs, and peace officers to enforce

game and fish laws.

The attorney general, and all state's attorneys, sheriffs, and other peace officers shall

enforce this title. The attorney general and the state's attorney of the county in which an action

is to be brought or is pending shall appear for the director in all civil actions in which the director

or any of the game wardens may be interested officially and shall appear in the prosecution of

criminal actions arising under this title.
N.D. Cent. Code § 20.1-02-26 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-26
20.1-02-26. Mounted bighorn sheep trophy heads and horns - Plugging or tagging required - Rules
Status: in_force

20.1-02-26. Mounted bighorn sheep trophy heads and horns - Plugging or tagging

required - Rules.

Any person who brings into this state any mounted trophy head or horns, has any trophy

head or horns mounted in this state, or comes into possession of any horns of dall sheep, stone

sheep, desert bighorn sheep, or Rocky Mountain bighorn sheep shall have the trophy head or

horns plugged or tagged by the department. A trophy head or horns plugged or tagged in the

state, province or territory of Canada, or in Mexico where the sheep was taken satisfies the

requirements of this section. The department may adopt rules to implement the provisions of

this section.
N.D. Cent. Code § 20.1-01-16 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-16
20.1-01-16. Common carriers not to transport game or fish except during open seasons
Status: in_force

20.1-01-16. Common carriers not to transport game or fish except during open

seasons.

No transportation company or common carrier may receive for transportation, transport, or

attempt to transport any protected game birds, animals, or fish, except during the open season

on such birds, animals, or fish.
N.D. Cent. Code § 20.1-13-18 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-18
20.1-13-18. Termination of unsafe use
Status: in_force

20.1-13-18. Termination of unsafe use

Any person authorized to enforce the provisions of this chapter who observes a vessel

being used without sufficient lifesaving or firefighting devices or in an overloaded or other

unsafe condition as defined in department rules, and in the person's judgment such use creates

an especially hazardous condition, may direct the operator to take whatever immediate and

reasonable steps would be necessary for the safety of those aboard the vessel, including

directing the operator to return to mooring and to remain there until the situation creating the

hazard is corrected or ended.
N.D. Cent. Code § 20.1-03-40 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-40
20.1-03-40. Penalty
Status: in_force

20.1-03-40. Penalty

Any person providing guide or outfitter services without a license, or while under

suspension, revocation, or denial is guilty of a class A misdemeanor. The court must suspend

an individual's hunting, trapping, and fishing privileges for at least one year under section

20.1-01-26 if an individual provided guide or outfitter services without a license, or while under

suspension, revocation, or denial, or guided on prohibited lands. Unless otherwise specified,

other violations of this chapter are a class B misdemeanor. Each client guided is subject to

separate and distinct offenses. In addition to this penalty, the director may initiate civil action in a

court of competent jurisdiction as necessary to enforce this chapter or any rule adopted under

this chapter, including an injunction to restrain a violation, without proof of actual damages

sustained by any person. Any individual who commits for remuneration or compensation an act

of fraud involving hunting or fishing or any individual who illegally takes or causes death to fish

or wildlife for remuneration or compensation may be prosecuted for theft, fraud, or conspiracy

under title 12.1 and is, upon conviction, liable for the higher amount between the actual

compensation received or the value of the fish or wildlife illegally taken or killed.
N.D. Cent. Code § 20.1-04-04 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-04
20.1-04-04. Nests and eggs of protected birds protected
Status: in_force

20.1-04-04. Nests and eggs of protected birds protected

No person, without a permit issued by the director, may take, have in that person's

possession or under that person's control, or needlessly break up or destroy, or in any manner

interfere with, the nest or the eggs of any kind of bird, the killing of which is prohibited.
N.D. Cent. Code § 20.1-02-16.5 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.5
20.1-02-16.5. Motorboat programs and safety account - Use
Status: in_force

20.1-02-16.5. Motorboat programs and safety account - Use

The director shall deposit all motorboat license fees in a special account within the game

and fish fund to be known as the motorboat programs and safety account. Funds placed in the

motorboat programs and safety account may be used only for construction and installation of

boat launching facilities, fish cleaning and comfort stations, boating enforcement, boating safety

education, and boat licensing administration. All money derived from the investment of the

account, or portions of the account, must be credited in accordance with section 20.1-02-16.1.
N.D. Cent. Code § 20.1-03-17 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-17
20.1-03-17. Issuance of licenses - Who to issue - Disposition of proceeds
Status: in_force

20.1-03-17. Issuance of licenses - Who to issue - Disposition of proceeds

All hunting, fur-bearer, fishing, and taxidermists' licenses must be issued by the director,

deputy director, and bonded game wardens. The deputy director and each bonded game

warden shall send the director all license fees.

Upon request, the director may appoint the person making the request an agent to distribute

hunting and fishing licenses. The director may provide licenses to agents located outside this

state if there are no agents located a reasonable distance within this state where nonresidents

may obtain licenses. Upon request, the director may appoint the county auditor of any county as

an agent to distribute hunting and fishing licenses. The director may require an agent to show

evidence of adequate financial security before the agent is appointed. Adequate financial

security may be evidenced by a letter of credit, cash deposit, or bond. Agents may be bonded

through the state bonding fund. An agent may charge a purchaser up to three percent of the

total license fee excluding the certificate fee. The agent shall return the remainder of the license

fees to the director at least once each month. Notwithstanding section 26.1-21-11, if a claim

against the state bonding fund is not filed within sixty days of the expiration of the reporting

period provided in this section, the claim is waived. Deposits are to be accompanied by a report

showing the amounts received from the sale of each type of license, the amount retained, and

the net amounts deposited. The director shall deposit all license fees received with the state

treasurer to be credited to the game and fish fund. Each agent appointed to distribute hunting

and fishing licenses shall implement a computerized online licensing system approved by the

department. The agent is responsible for any equipment, supplies, and technical support

associated with selling licenses online.
N.D. Cent. Code § 20.1-03-25 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-25
20.1-03-25. Transportation of game or fish by nonresidents having a hunting, fur-bearer, or fishing license
Status: in_force

20.1-03-25. Transportation of game or fish by nonresidents having a hunting,

fur-bearer, or fishing license.

Any nonresident having a nonresident hunting, fur-bearer, or fishing license, and lawfully in

possession of any big game, small game, fur-bearer, or fish may:

1. Carry such game or fish with the person on leaving this state.

2. Ship by common carrier, upon providing identification by displaying the person's

nonresident license, such game or fish, if the shipment is carried openly for content

inspection and is plainly marked with a suitable tag bearing the person's name,

address, and the number of the person's nonresident hunting, fishing, or fur-bearer

license, and has attached to it a special shipping tag provided with the nonresident

license form. The total number of such game or fish shipped in any one season shall

not exceed the number the person may lawfully possess.

3. Ship upland game or migratory waterfowl by common carrier, upon identifying that

person by displaying that person's nonresident license, if the shipment is carried

openly for content inspection and is plainly marked with tags issued by the director.

These tags must be designed so they can be used only once.
N.D. Cent. Code § 20.1-03-07.3 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-07.3
20.1-03-07.3. Nonresident spring white goose license
Status: in_force

20.1-03-07.3. Nonresident spring white goose license

A nonresident may purchase a nonresident spring white goose license to hunt white geese

during a spring season as determined by the governor by proclamation. The governor, in the

governor's proclamation, may specify the number of licenses that may be issued and the

manner in which they are to be issued. Nonresidents are not required to purchase any other

license to hunt white geese during a spring white goose season. A nonresident is entitled to

purchase only one nonresident spring white goose license per year; however, a nonresident

may still purchase a nonresident waterfowl hunting license under section 20.1-03-07.1.
N.D. Cent. Code § 20.1-13.1-06 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-06
20.1-13.1-06. Revocation of privilege to operate motorboat or vessel upon refusal to submit to testing
Status: in_force

20.1-13.1-06. Revocation of privilege to operate motorboat or vessel upon refusal to

submit to testing.

1. If a person refuses to submit to testing under section 20.1-13.1-01, no chemical test

may be given, but the game warden or law enforcement officer shall immediately issue

to that person a statement of intent to prohibit the person from operating a motorboat

or vessel. The statement serves as the director's official notification to the person of

the director's intent to prohibit the person from operating a motorboat or vessel in this

state and of the hearing procedures under this chapter. The director, upon the receipt

of the certified written report of the game warden or law enforcement officer in the form

required by the director, forwarded by the warden or officer within five days after

issuing the statement of intent, showing that the warden or officer had probable cause

to believe the person had been operating a motorboat or vessel while in violation of

section 20.1-13-07 or had observed that the motorboat or vessel was operated in a

negligent, reckless, or hazardous manner as defined by the director by rule, that the

person was lawfully arrested if applicable, and that the person had refused to submit to

the chemical test under section 20.1-13.1-01, shall prohibit the person from operating

a motorboat or vessel in this state for the appropriate period under this section. The

period for which a person is prohibited from operating a motorboat or vessel under this

section is:

a. One year if the person's record shows that within the five years preceding the

most recent refusal under this section, the person has not been prohibited from

operating a motorboat or vessel for a violation of this chapter or for a violation of

section 20.1-13-07.

b. Two years if the person's record shows that within the five years preceding the

most recent refusal under this section, the person has once been prohibited from

operating a motorboat or vessel for a violation of this chapter or for a violation of

section 20.1-13-07.

c. Three years if the person's record shows that within the five years preceding the

most recent refusal under this section, the person has twice been prohibited from

operating a motorboat or vessel under this chapter or for a violation of section

20.1-13-07, and the prohibitions resulted from at least two separate arrests.

2. A person may not be prohibited from operating a motorboat or vessel under this

section if:

a. No administrative hearing request is made under section 20.1-13.1-08;

b. The person mails an affidavit to the director within ten days after the game

warden or law enforcement officer issues the statement of intent. The affidavit

must state that the person:

(1) Intends to voluntarily plead guilty to violating section 20.1-13-07 within

twenty-five days after the game warden or law enforcement officer issues

the statement of intent;

(2) Agrees that the person may not operate a motorboat or vessel for the

appropriate period;

(3) Acknowledges the right to a section 20.1-13.1-08 administrative hearing and

section 20.1-13.1-09 judicial review and voluntarily and knowingly waives

these rights; and

(4) Agrees that the person may not operate a motorboat or vessel for the

appropriate period as provided under this section without an administrative

hearing or judicial review, if the person does not plead guilty within

twenty-five days after the game warden or law enforcement officer issues

the statement of intent, or the court does not accept the guilty plea, or the

guilty plea is withdrawn;

c. The person pleads guilty to violating section 20.1-13-07 within twenty-five days

after the game warden or law enforcement officer issues the statement of intent;

d. The court accepts the person's guilty plea and a notice of that fact is mailed to the

director within twenty-five days after the game warden or law enforcement officer

issues the statement of intent; and

e. A copy of the final order or judgment of conviction evidencing the acceptance of

the person's guilty plea is received by the director prior to the end of the

prohibition from operating a motorboat or vessel.

3. The court shall mail a copy of an order granting a withdrawal of a guilty plea to

violating section 20.1-13-07 to the director within ten days after it is ordered. Upon

receipt of the order, the director immediately shall prohibit the person from operating a

motorboat or vessel as provided under this section without providing an administrative

hearing.
N.D. Cent. Code § 20.1-13.1-08 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-08
20.1-13.1-08. Administrative hearing on request
Status: in_force

20.1-13.1-08. Administrative hearing on request

1. Before prohibiting a person from operating a motorboat or vessel under section

20.1-13.1-06 or 20.1-13.1-07, the director shall afford that person an opportunity for a

hearing if the person mails a request for the hearing to the director within ten days

after the date the game warden or law enforcement officer issued a statement of intent

to prohibit the person from operating a motorboat or vessel. The hearing must be held

within twenty-five days after the date of issuance of the statement of intent, but the

hearing officer may extend the hearing to within thirty-five days after the issuance of

the statement of intent if good cause is shown.

2. If the issue to be determined by the hearing concerns the prohibition from operating a

motorboat or vessel for operating a motorboat or vessel while having an alcohol, other

drug, or a combination thereof concentration of at least ten one-hundredths of one

percent by weight, the hearing must be before a hearing officer assigned by the

director and at a time and place designated by the director. The hearing must be

recorded and its scope may cover only the issues of whether the arresting warden or

officer had probable cause to believe the individual had been operating a motorboat or

vessel in violation of section 20.1-13-07; whether the individual was placed under

arrest; whether the individual was tested in accordance with section 20.1-13.1-01 or

20.1-13.1-04 and, if applicable, section 20.1-13.1-03; and whether the chemical test

results show the individual had an alcohol, other drug, or a combination thereof

concentration of at least ten one-hundredths of one percent by weight. For purposes of

this section, a copy of a certified copy of an analytical report of a blood or urine sample

from the director of the state crime laboratory or the director's designee, or a certified

copy of the checklist and test records from a certified breath test operator establish

prima facie the alcohol, other drug, or a combination thereof concentration shown

therein. Whether the individual was informed that that individual may be prohibited

from operating a motorboat or vessel based on the results of the chemical test is not

an issue.

3. If the issue to be determined by the hearing concerns the prohibition from operating a

motorboat or vessel for refusing to submit to a chemical test under section

20.1-13.1-01, the hearing must be before a hearing officer assigned by the director at

a time and place designated by the director. The hearing must be recorded. The scope

of a hearing for refusing to submit to a chemical test under section 20.1-13.1-01 may

cover only the issues of whether a game warden or law enforcement officer had

probable cause to believe the person had been operating a motorboat or vessel in

violation of section 20.1-13-07; whether the person was placed under arrest; and

whether that person refused to submit to the chemical test.

4. At a hearing under this section, the regularly kept records of the director and state

crime laboratory may be introduced. Those records establish prima facie their contents

without further foundation. For purposes of this chapter, the following are deemed

regularly kept records of the director and state crime laboratory:

a. Any copy of a certified copy of an analytical report of a blood or urine sample

received by the director from the director of the state crime laboratory or the

director's designee or a game warden or a law enforcement officer or a certified

copy of the checklist and test records received by the director from a certified

breath test operator; and

b. Any copy of a certified copy of a certificate of the director of the state crime

laboratory or the director's designee relating to approved methods, devices,

operators, materials, and checklists used for testing for alcohol concentration or

the presence of other drugs, or a combination thereof, received by the director

from the director of the state crime laboratory or the director's designee that have

been electronically posted with the state crime laboratory division of the attorney

general at the attorney general website.

5. At the close of the hearing, the hearing officer shall notify the person of the hearing

officer's findings of fact, conclusions of law, and decision based on the findings and

conclusions by issuing to the person a copy of the decision within ten days of the

conclusion of the hearing. If the hearing officer does not find in favor of the person, the

copy of the decision serves as the director's official notification to the person that the

person is prohibited from operating a motorboat or vessel in this state. The hearing

officer shall report the findings, conclusions, and decisions to the director within ten

days of the conclusion of the hearing.

6. If the person who requested a hearing under this section fails to appear at the hearing

without justification, the right to the hearing is waived, and the hearing officer's

determination on prohibition of the person from operating a motorboat or vessel will be

based on the written request for hearing, game warden's or law enforcement officer's

report, and other evidence as may be available. The hearing officer shall, on the date

for which the hearing is scheduled, mail to the person, by regular mail, at the address

on file with the director, or at any other address for the person or the person's legal

representative supplied in the request for hearing, a copy of the decision which serves

as the director's official notification to the person that the person is prohibited from

operating a motorboat or vessel in this state for the appropriate period. Even if the

person for whom the hearing is scheduled fails to appear at the hearing, the hearing is

deemed to have been held on the date for which it is scheduled for purposes of appeal

under section 20.1-13.1-09.
N.D. Cent. Code § 20.1-11-01 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-01
20.1-11-01. General penalty
Status: in_force

20.1-11-01. General penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-01-36 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-36
20.1-01-36. Suppressor and short-barreled rifle allowed for hunting
Status: in_force

20.1-01-36. Suppressor and short-barreled rifle allowed for hunting

1. An individual in lawful possession of a device that will silence or deaden the sound or

natural report of a firearm when the firearm is discharged may hunt any game for

which the individual is licensed and for which a firearm is allowed with that device for

or attached to the firearm.

2. An individual in lawful possession of a short-barreled rifle may hunt any game for

which the individual is licensed and for which a rifle is allowed.
N.D. Cent. Code § 20.1-03-29 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-29
20.1-03-29. Making misrepresentation in application for, or alteration in, license or permit unlawful
Status: in_force

20.1-03-29. Making misrepresentation in application for, or alteration in, license or

permit unlawful.

No person may make any willful misrepresentation in the person's application for a license

or permit or make any alteration on a license or permit already issued.
N.D. Cent. Code § 20.1-06-04 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-04
20.1-06-04. Possession of seines, setlines, fishtraps
Status: in_force

20.1-06-04. Possession of seines, setlines, fishtraps

No person, except as provided in sections 20.1-06-05 and 20.1-06-06, may set, use, or

have in that person's possession, or transport other than by public carrier, any setnets, seines,

setlines, or fishtraps. Violators are deemed to be in possession of a public nuisance, and the

director, any bonded game warden, or any peace officer shall, without warrant or process, seize

the items and hold them subject to the order of a court of competent jurisdiction.
N.D. Cent. Code § 20.1-02-29 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-29
20.1-02-29. Protection of personal information of the public
Status: in_force

20.1-02-29. Protection of personal information of the public

The following records, regardless of form or characteristic, of or relating to the game and

fish department are exempt under section 44-04-18 and section 6 of article XI of the

Constitution of North Dakota:

1. A record that would identify the name, address, or electronic mail address of an

individual participating in a wildlife harvest survey.

2. A record that would identify population distributions or locations of pallid sturgeon,

bighorn sheep, moose, elk, eagles, sage grouse, prairie chickens, and any species of

wildlife listed as threatened or endangered under the federal Endangered Species Act

of 1973 [Pub. L. 93-205; 87 Stat. 884; 16 U.S.C. 1531 et seq.], as amended.

3. Telemetry radio frequencies or global positioning system coordinates of monitored

species, denning sites, nest locations of raptors, and the specific location of wildlife

capture sites used for wildlife research or management.
N.D. Cent. Code § 20.1-13-21 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-21
20.1-13-21. Evidence of tax payment or exemption
Status: in_force

20.1-13-21. Evidence of tax payment or exemption

With an application for a motorboat number and license under section 20.1-13-03 by an

applicant in whose name the motorboat has not previously been licensed, the applicant shall

present proof of payment of sales or use tax that was due upon acquisition or bringing the

motorboat into this state for storage or use in this state or shall present proof of exemption from

sales or use taxes. Credit for taxes paid by the applicant upon acquisition of the motorboat in

another state must be allowed as provided in section 57-40.2-11 if proof of that payment is

presented. To establish that the motorboat was acquired through a casual sale and qualifies for

exempt status, the applicant shall present a receipt for the sale signed by the seller and showing

the seller's name and address. The department may waive the furnishing of a signed receipt for

a casual sale if the applicant shows good cause why a receipt is unavailable and signs a

statement showing the name and address of the seller and stating that to the best of the

applicant's knowledge the seller is not in the business of selling boats.
N.D. Cent. Code § 20.1-02-01 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-01
20.1-02-01. Director of the game and fish department - Office to be maintained - Appointment - Term - Removal
Status: in_force

20.1-02-01. Director of the game and fish department - Office to be maintained -

Appointment - Term - Removal.

The governor shall appoint the director of the game and fish department. The director holds

office for a term of four years beginning on the first day of July after the governor's election and

until a successor is appointed and qualified. The director is subject to removal by the governor

for cause only.
N.D. Cent. Code § 20.1-01-01 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-01
20.1-01-01. General penalty
Status: in_force

20.1-01-01. General penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-08-04.12 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.12
20.1-08-04.12. Governor's proclamation concerning the hunting of antelope - North Dakota hunter educators association raffle
Status: repealed

20.1-08-04.12. Governor's proclamation concerning the hunting of antelope - North

Dakota hunter educators association raffle.

Repealed by S.L. 2017, ch. 176, § 8.
N.D. Cent. Code § 20.1-15-13 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-13
20.1-15-13. Effect of evidence of chemical test
Status: in_force

20.1-15-13. Effect of evidence of chemical test

This chapter does not limit the introduction of any other competent evidence bearing on the

question of whether the person was under the influence of intoxicating liquor, drugs, or a

combination thereof, but, if the chemical test results show an alcohol, other drug, or a

combination thereof concentration of at least ten one-hundredths of one percent, the purpose of

the evidence must be limited to the issues of probable cause, whether an arrest was made prior

to the administering of the test, and the validity of the test results.
N.D. Cent. Code § 20.1-11-08 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-08
20.1-11-08. Hunting and trapping within refuge prohibited - Exception in case of carnivorous birds or animals
Status: in_force

20.1-11-08. Hunting and trapping within refuge prohibited - Exception in case of

carnivorous birds or animals.

The owner or lessee of any lands or lake set aside as a state game refuge under this

chapter may not hunt or carry firearms within the limits thereof, nor permit the members of that

person's family or other persons to do so. However, if that person has reason to believe there

are carnivorous birds or animals within the refuge, or if that person finds any of the same

thereon, that person may, with the director's written permission, hunt, trap, and kill any

carnivorous or unprotected birds and animals that prey upon protected game birds or animals

found within the refuge.
N.D. Cent. Code § 20.1-07-02 — ND Code / Title 20.1 / Chapter 20.1-07 / Section 20.1-07-02
20.1-07-02. Property rights - Wild fur-bearing animals
Status: in_force

20.1-07-02. Property rights - Wild fur-bearing animals

Any person, firm, corporation, or limited liability company raising and owning any protected

fur-bearing animal, or in possession of the pelt of any wild animal lawfully obtained, has the

same property rights therein as enjoyed by owners of domestic animals. They are, however,

subject to all rules adopted by the director in regard to the introduction and release into the state

of the animals, as provided in subsection 13 of section 20.1-02-05.
N.D. Cent. Code § 20.1-13.1-11 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-11
20.1-13.1-11. Proof of refusal admissible in any action or proceeding
Status: in_force

20.1-13.1-11. Proof of refusal admissible in any action or proceeding

If the person under arrest refuses to submit to the chemical test, proof of refusal is

admissible in any action or proceeding arising out of acts alleged to have been committed while

the person was operating a motorboat or vessel while under the influence of intoxicating liquor,

drugs, or a combination thereof.
N.D. Cent. Code § 20.1-06-02 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-02
20.1-06-02. Fish protected - Penalty
Status: in_force

20.1-06-02. Fish protected - Penalty

No person may take, attempt to take, catch, kill, or destroy any species of fish in this state

except as provided in this title. Any person who takes into possession and kills or destroys any

paddlefish or pallid sturgeon in violation of this title is guilty of a class C felony.
N.D. Cent. Code § 20.1-01-20 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-20
20.1-01-20. Entering posted land with gun or firearm prima facie evidence of intent to hunt game
Status: in_force

20.1-01-20. Entering posted land with gun or firearm prima facie evidence of intent to

hunt game.

Proof that a person having a firearm, or other weapon declared legal by governor's

proclamation, in the person's possession entered upon the legally posted premises of another

without permission of the owner or tenant is prima facie evidence the person entered to hunt or

pursue game.
N.D. Cent. Code § 20.1-08-04.2 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.2
20.1-08-04.2. Governor's proclamation concerning the hunting of moose - Raffle
Status: in_force

20.1-08-04.2. Governor's proclamation concerning the hunting of moose - Raffle

The governor may by proclamation provide for a season to hunt moose in a manner,

number, places, and times as the governor prescribes. Licenses to hunt moose must be issued

by lottery, except as provided under subsection 8 of section 20.1-03-11, with only residents

eligible to apply. A person may only receive one license to hunt moose issued by lottery in a

lifetime. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep

is not eligible to apply for or receive a license under this section.
N.D. Cent. Code § 20.1-01-33 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-33
20.1-01-33. Exploitation of wildlife - Penalty
Status: in_force

20.1-01-33. Exploitation of wildlife - Penalty

1. A person is guilty of exploitation of wildlife if that person intentionally:

a. Commits five or more title 20.1 class A misdemeanor offenses within a two-year

period;

b. Commits seven or more title 20.1 misdemeanor offenses within a two-year

period;

c. Furnishes assistance, management, or supervision to an individual who commits

or assists in the commission of seven or more title 20.1 misdemeanor offenses

within a two-year period; or

d. Commits a title 20.1 misdemeanor offense after having been previously convicted

of seven or more title 20.1 misdemeanor offenses within a ten-year period.

2. Violation of this section is a class C felony and, in addition to other penalties imposed

by law, is subject to section 20.1-01-26. The defendant being over a daily or

possession limit of fish, small game, or waterfowl is not sufficient as a predicate

offense for a conviction under subdivision b or c of subsection 1 unless the state

proves that the conduct occurred over more than three days or the person takes or

possesses more than four times a daily limit and the state alleges and proves beyond

a reasonable doubt that the minimum number of predicate offenses required were

committed intentionally. Except for a charge under subdivision d of subsection 1, the

state may not charge an individual for both the predicate offense and a charge under

this section. A conviction from another state or a federal court for an offense similar to

one prescribed in title 20.1 may be used as a conviction under this section.
N.D. Cent. Code § 20.1-03-11.3 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-11.3
20.1-03-11.3. Early Canada goose season
Status: in_force

20.1-03-11.3. Early Canada goose season

A resident or nonresident may purchase an early Canada goose license to hunt geese

during an early season as determined by the governor by proclamation. The governor by

proclamation may specify the number of licenses that may be issued and the manner in which

the licenses are issued. A nonresident is not required to purchase any other license to hunt

Canada geese during an early Canada goose season. A nonresident is not entitled to more than

one nonresident early Canada goose season license and still may obtain a nonresident

waterfowl hunting license under section 20.1-03-07.1.
N.D. Cent. Code § 20.1-12-01 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-01
20.1-12-01. General penalty
Status: in_force

20.1-12-01. General penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-04-09 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-09
20.1-04-09. Guns lawfully usable in pursuing or taking game birds - Penalty
Status: repealed

20.1-04-09. Guns lawfully usable in pursuing or taking game birds - Penalty

Repealed by S.L. 1991, ch. 246, § 1.
N.D. Cent. Code § 20.1-13-09 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-09
20.1-13-09. Transmittal of information
Status: in_force

20.1-13-09. Transmittal of information

In accordance with any request duly made by an authorized official or agency of the United

States, any information compiled or otherwise available to the department pursuant to section

20.1-13-08 must be transmitted to said official or agency.
N.D. Cent. Code § 20.1-03-32 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-32
20.1-03-32. Computer-generated license
Status: in_force

20.1-03-32. Computer-generated license

In addition to the license system under this chapter, licenses may be generated by a

telephone, computer, or electronic system designated by the director. The director may accept

payment by wire transfer, electronic transfer, or a nationally recognized credit or debit card for

licenses issued under this section. A reasonable fee not exceeding the discount charged by the

credit card issuer may be added to the payment as a service charge for the acceptance of the

credit or debit card. The director shall determine which nationally recognized cards will be

accepted for payments made under this section. If payment is made by a credit or debit card,

the liability for a license purchased under this section is not discharged until the director

receives payment or credit from the institution responsible for making the payment or credit.
N.D. Cent. Code § 20.1-08-04.8 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.8
20.1-08-04.8. Governor's proclamation concerning the hunting of mule deer - Mule deer foundation raffle and auction
Status: repealed

20.1-08-04.8. Governor's proclamation concerning the hunting of mule deer - Mule

deer foundation raffle and auction.

Repealed by S.L. 2017, ch. 176, § 8.
N.D. Cent. Code § 20.1-13-03.1 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-03.1
20.1-13-03.1. Manufacture and sale of outboard motors
Status: in_force

20.1-13-03.1. Manufacture and sale of outboard motors

No outboard motor manufactured after January 1, 1980, may be sold or offered for

commercial sale by a dealer in this state unless the motor has permanently engraved thereon

by the manufacturer an identifying serial number. The serial mark must be of a permanent

nature so as to prevent or discourage the removal, defacing, alteration, or destruction thereof.

Any person who violates this section is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-03-09 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-09
20.1-03-09. Application for nonresident general game or fishing license - Contents
Status: in_force

20.1-03-09. Application for nonresident general game or fishing license - Contents

Each application for a nonresident general game or fishing license must be signed by the

applicant and state the applicant's residential address, including street and post office, and the

applicant's weight, height, color of hair, and color of eyes.
N.D. Cent. Code § 20.1-11-06 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-06
20.1-11-06. Public record of state game refuges to be kept by director - Contents of record
Status: in_force

20.1-11-06. Public record of state game refuges to be kept by director - Contents of

record.

The director shall keep a record of all state game refuges established on privately owned or

leased lands or on public lands. This record must list each state game refuge by the county in

which it is located and, with reference to each refuge established on privately owned or leased

lands, must show:

1. The name of the person making the dedication.

2. The period for which it is dedicated.

3. The legal description of the land on which it is located.

The record is open to public inspection.
N.D. Cent. Code § 20.1-05.1-01 — ND Code / Title 20.1 / Chapter 20.1-05.1 / Section 20.1-05.1-01
20.1-05.1-01. Special allocation hunting license authorization
Status: in_force

20.1-05.1-01. Special allocation hunting license authorization

1. The director shall authorize issuance of the following annual special allocation hunting

licenses:

a. Four any deer licenses and six any white-tailed deer licenses per year to the

injured military wildlife project of North Dakota for distribution. A license issued

under this subsection is valid during the period of the deer bow season.

b. One license per year to the national wild turkey federation to hunt wild turkeys in

the spring in the manner, places, and times as the governor provides by

proclamation. The national wild turkey federation shall hold a raffle for, or may

auction to the highest bidder, whether resident or nonresident, the license to hunt

wild turkeys. If an individual receives a wild turkey license through the raffle or

auction, the individual is not eligible to receive a wild turkey license through the

game and fish department that year. No more than ten percent of the gross

proceeds of the raffle may be used to promote the raffle. Ten percent of the net

proceeds of the raffle may be retained by the local, state, or national wild turkey

federation entity conducting the raffle. All remaining net proceeds must be

deposited in the national wild turkey federation superfund and used for wild turkey

management and related projects in this state. The national wild turkey federation

shall submit reports concerning the raffle as the director requires.

c. Up to two licenses per year to the outdoor adventure foundation to hunt a turkey

in the spring season. The foundation shall make authorized licenses available to

sponsored qualified youths to hunt as the governor provides by proclamation. A

qualified youth receiving a license under this section must comply with hunter

education requirements and if under the age of eighteen must be accompanied

by an adult twenty-one years of age or older. As used in this section, "qualified

youth" means an individual who has cancer or a life-threatening illness, is of legal

age to hunt a turkey, is under twenty-five years of age, is a resident, and is

sponsored by the foundation. The foundation must provide the department

supporting documentation demonstrating compliance with this section.

d. One license per year to the midwest chapter of the wild sheep foundation to hunt

bighorn sheep in the manner, places, and times as the governor provides by

proclamation. The midwest chapter of the wild sheep foundation shall hold a raffle

or auction under rules adopted by the director with residents and nonresidents

eligible to participate. An individual who has been convicted of illegally taking a

moose, elk, or bighorn sheep is not eligible to apply for or receive a license under

this subsection. Ten percent of gross raffle proceeds may be retained by the

midwest chapter of the wild sheep foundation and ninety percent of gross raffle

proceeds must be remitted to the department. All auction proceeds must be

remitted to the department. An individual who receives a license through the raffle

or auction may not transfer the license.

e. One license per year to the North American wildlife enforcement memorial

museum and educational center to hunt moose in a manner, places, and times as

the governor provides by proclamation. The North American wildlife enforcement

memorial museum and educational center shall hold a raffle under rules adopted

by the director with residents and nonresidents eligible to participate. The

individual who receives the license from the raffle may not transfer the license.

No more than ten percent of the gross proceeds of the raffle may be used to

promote the raffle. The net proceeds distributed to the North American wildlife

enforcement memorial museum and educational center must be used for

construction and maintenance of the North American wildlife enforcement

memorial museum and educational center located at the International Peace

Garden. The North American wildlife enforcement memorial museum and

educational center shall submit reports concerning the raffle as the director

requires. An individual who has been convicted of illegally taking a moose, elk, or

bighorn sheep is not eligible to apply for or receive a license under this

subsection.

f. One license per year to the rocky mountain elk foundation to hunt elk in a

manner, places, and times as the governor provides by proclamation. The rocky

mountain elk foundation shall hold a raffle under rules adopted by the director

with residents and nonresidents eligible to participate. No more than ten percent

of the gross proceeds of the raffle may be used to promote the raffle. The net

proceeds distributed to the rocky mountain elk foundation must be used for elk

management or other wildlife and conservation-related projects in North Dakota

as described under rocky mountain elk foundation policies and objectives. The

rocky mountain elk foundation shall submit reports concerning the raffle as the

director requires. An individual who has been convicted of illegally taking a

moose, elk, or bighorn sheep is not eligible to apply for or receive a license under

this subsection.

g. One license per year to the mule deer foundation to hunt mule deer in the

manner, places, and times as the governor provides by proclamation. The mule

deer foundation shall hold a raffle or auction under rules adopted by the director

with residents and nonresidents eligible to participate. If an individual receives a

mule deer license through the raffle or auction, the individual is not eligible to

receive a mule deer license through the game and fish department that year. No

more than ten percent of the gross proceeds of the raffle may be used to promote

the raffle and all net proceeds of the raffle or auction must be used for mule deer

management and related projects in North Dakota. The mule deer foundation

shall submit reports concerning the raffle or auction as the director requires.

h. One license per year to the North Dakota hunter educators association to hunt

antelope in the manner, places, and times as the governor prescribes by

proclamation. The North Dakota hunter educators association shall hold a raffle

under rules adopted by the director. Only residents are eligible to participate. No

more than ten percent of the gross proceeds of the raffle may be used to promote

the raffle and all net proceeds of the raffle must be used for sponsoring mentored

hunts for youth who may otherwise not have the means to go afield to hunt,

establishing a statewide network of shooting locations for youth to become

familiar with archery equipment and firearms under the supervision of a certified

volunteer hunter education instructor, and purchasing advertising in news media

during hunting season concerning firearms safety and hunting ethics and the

promotion of safe and responsible hunting. If an individual receives an antelope

license through the raffle, the individual is not eligible to apply for an antelope

license through the game and fish department that year. The North Dakota hunter

educators association shall submit reports concerning the raffle as the director

requires.

i. One any elk license, one any moose license, up to four any white-tailed deer

licenses, up to three any deer licenses, and up to two antelope licenses to the

outdoor adventure foundation. The foundation shall make one license available to

each qualified youth to hunt the species of big game indicated on the license as

provided in the governor's proclamation. A license issued under this section is

only valid during an open season for the species indicated as prescribed by the

governor's proclamation and for the year indicated on the license or tag. If a

qualified youth is hunting on private land with written permission from the

landowner and with a license issued under this section, the qualified youth may

use any weapon that is legal in any season for the species being hunted. A

qualified youth receiving a license under this section must comply with hunter

education requirements and if under the age of eighteen must be accompanied

by an adult twenty-one years of age or older. As used in this section, "qualified

youth" means an individual who has been diagnosed with cancer or a

life-threatening illness, is of legal age to hunt the species for which the license is

valid, is under twenty-five years of age, is a resident, and is sponsored by the

foundation. The foundation must provide the department supporting

documentation demonstrating compliance with this section.

2. An organization eligible to receive a license under this section shall provide an annual

report on forms provided by the director. The annual report must include the name of

the hunters, dates of the hunt, and the species harvested. If an organization fails to

submit a complete report required under this subsection, the organization may not

receive a license under this section until the organization submits the complete report.

If the director determines by clear and convincing evidence that a criminal violation of

a state hunting, fishing, or trapping law occurred during a hunt conducted with a

license issued under this section, the director may not issue a license under this

section for a period of one year to the organization that conducted the hunt. However,

the director may issue a license under section 20.1-05.1 to the organization during the

one-year period if the organization is otherwise eligible for the license.
N.D. Cent. Code § 20.1-01-21 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-21
20.1-01-21. Hunting near occupied building without permission unlawful
Status: in_force

20.1-01-21. Hunting near occupied building without permission unlawful

No person may hunt or pursue game upon the premises of another, within four hundred

forty yards [402.34 meters] of any occupied building, without consent of the person occupying

such building.
N.D. Cent. Code § 20.1-15-02 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-02
20.1-15-02. Chemical test of hunter in serious bodily injury or fatal accident
Status: in_force

20.1-15-02. Chemical test of hunter in serious bodily injury or fatal accident

Notwithstanding section 20.1-15-01 or 20.1-15-06, when a hunter is involved in an accident

resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another

person, and there is probable cause to believe that the hunter is in violation of section

20.1-01-06, the hunter may be compelled by a game warden or a police officer to submit to a

chemical test.
N.D. Cent. Code § 20.1-04-12.2 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-12.2
20.1-04-12.2. Gun dog training area - Permit
Status: in_force

20.1-04-12.2. Gun dog training area - Permit

Notwithstanding section 20.1-04-12, a professional trainer may apply to and obtain from the

department a permit designating a specific training area, not to exceed forty acres [16.19

hectares], as an exempt training area.

1. In the exempt training area, a professional trainer may train or run any gun dog or

allow the gun dog to run loose at any time.

2. The fee for the permit may not exceed ten dollars per year.
N.D. Cent. Code § 20.1-02-27 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-27
20.1-02-27. Public access program - Private landowner assistance to promote public hunting access
Status: in_force

20.1-02-27. Public access program - Private landowner assistance to promote public

hunting access.

1. The director may establish programs for landowner assistance that encourage public

access to private lands for purposes of hunting.

2. Rules adopted by the director to implement this section may address:

a. A hunter management program consisting of a cooperative agreement between

landowners and the department, and including other resource management

agencies when appropriate, that allows public hunting with certain restrictions or

use rules.

b. A hunting access enhancement program consisting of incentives for private

landowners who allow public hunting access on their land.

c. Development of similar efforts outside the scope of the program that are designed

to promote public access to private lands for hunting purposes.

3. The director may not structure a program in a manner that provides assistance to a

private landowner who charges a fee for hunting access to private land that is enrolled

in the program or who does not provide reasonable public hunting access to private

land that is enrolled in the program. The director shall develop criteria by which

tangible benefits are allocated to participating landowners, and the director may

distribute the benefits to participating landowners. Benefits must be provided to offset

potential impacts associated with public hunting access, including those associated

with general ranch maintenance, conservation efforts, weed control, fire protection,

liability insurance, roads, fences, and parking area maintenance.
N.D. Cent. Code § 20.1-03-01.3 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-01.3
20.1-03-01.3. Exemptions
Status: in_force

20.1-03-01.3. Exemptions

Sections 20.1-03-01.1 through 20.1-03-01.3 do not apply to:

1. Persons under twelve years of age who hunt only with their parent or legal guardian.

2. Persons who hunt exclusively on land of which they are the record title owner or

operator.
N.D. Cent. Code § 20.1-05-05 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-05
20.1-05-05. Prima facie proof of hunting or attempting to hunt big game animals unlawfully
Status: in_force

20.1-05-05. Prima facie proof of hunting or attempting to hunt big game animals

unlawfully.

Proof that a person possessing a rifle, shotgun, trap, snare, artificial light, or other

implement or equipment useful in the taking or hunting of big game animals was found, between

sunset and sunrise, in and about territory where big game animals are frequently and usually

found, is prima facie evidence that the person was hunting big game animals contrary to law.
N.D. Cent. Code § 20.1-02-31 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-31
20.1-02-31. Deer reduction programs
Status: in_force

20.1-02-31. Deer reduction programs

The director or the director's designee may authorize an individual to euthanize injured,

sick, or emaciated deer under conditions determined by the director. The director may authorize

targeted deer reduction programs to alleviate deer depredation.
N.D. Cent. Code § 20.1-13-16 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-16
20.1-13-16. Boating safety program
Status: in_force

20.1-13-16. Boating safety program

The department shall develop and administer a comprehensive statewide boating safety

program and administer state and federal funds provided to the state for the purpose of

implementing and supplementing improved boating safety in this state.
N.D. Cent. Code § 20.1-13-10 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-10
20.1-13-10. Water skis, surfboard, and barefoot skiing - Penalty
Status: in_force

20.1-13-10. Water skis, surfboard, and barefoot skiing - Penalty

1. An individual may not engage in barefoot skiing or manipulate any water skis,

surfboard, or similar device without wearing a life preserver approved by the

department, unless the individual is:

a. Sixteen years of age or older and engaged in windsurfing or boardsailing; or

b. Engaging or attempting to engage in barefoot skiing or surfing and the individual

is wearing a wet suit specifically designed for barefoot skiing or surfing which is in

good and serviceable condition and of appropriate size.

2. An individual engaging or attempting to engage in barefoot skiing or surfing under

subdivision b of subsection 1, must have on board the towing vessel a life preserver

approved by the department.

3. Any time between one hour after sunset to one hour before sunrise, an individual may

not operate a vessel on any waters of this state towing an individual engaged in

barefoot skiing or on water skis, a surfboard, or similar device, nor engage in barefoot

skiing, water skiing, surfboarding, or similar activity.

4. Subsections 1 and 3 do not apply to a performer engaged in a professional exhibition

or an individual engaged in an activity authorized under section 20.1-13-11.

5. An individual may not operate or manipulate any vessel, towrope, or other device by

which the direction or location of water skis, a surfboard, or similar device may be

affected or controlled in a way as to cause the water skis, surfboard, or similar device,

or an individual on the device or engaged in barefoot skiing, to collide with or strike

against any object or individual.

6. An individual may not operate a vessel on any waters of this state towing an individual

engaged in barefoot skiing or on water skis, a surfboard, or similar device unless there

is another individual in the towing vessel observing any individual being towed or the

vessel is equipped with a mirror at least seventy-eight square inches [198.12 square

centimeters] which provides the operator an unobstructed field of vision to the rear.

This subsection does not apply to a personal watercraft or to members of any

organization regularly staging water ski shows, tournaments, or exhibitions while

engaged in the performance of such shows, tournaments, or exhibitions. The

department shall adopt rules to allow such organizations to practice in preparation for

such events, as prescribed in section 20.1-13-11.

7. An individual who violates this section is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-15-10 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-10
20.1-15-10. Credit for suspension of hunting privileges
Status: in_force

20.1-15-10. Credit for suspension of hunting privileges

After conviction of a person for violating section 20.1-01-06, the director, in suspending the

person's hunting privileges, shall give credit for the time in which the suspension or revocation

of hunting privileges has been or is being imposed under this chapter in connection with the

same offense.
N.D. Cent. Code § 20.1-03-36 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-36
20.1-03-36. Guides and outfitters to be licensed
Status: in_force

20.1-03-36. Guides and outfitters to be licensed

An individual may not act as a guide or outfitter or advertise or otherwise represent to the

public as a guide or outfitter without first securing a license in accordance with this chapter and

the rules of the director.
N.D. Cent. Code § 20.1-04-06 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-06
20.1-04-06. Possession limit of game birds
Status: in_force

20.1-04-06. Possession limit of game birds

A person may not possess, control, ship, transport, or store, can, or otherwise preserve,

more than the number authorized in the governor's proclamation of any species of game bird

mentioned in this chapter. However, properly tagged game birds legally taken out of state or

taken on Indian land may be possessed, transported, or shipped in state.
N.D. Cent. Code § 20.1-01-15 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-15
20.1-01-15. Joint violator testifying against other participants not subject to prosecution
Status: repealed

20.1-01-15. Joint violator testifying against other participants not subject to

prosecution.

Repealed by S.L. 1989, ch. 275, § 1.
N.D. Cent. Code § 20.1-13-02 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-02
20.1-13-02. Operation of unnumbered and unlicensed motorboats prohibited - Penalty
Status: in_force

20.1-13-02. Operation of unnumbered and unlicensed motorboats prohibited -

Penalty.

Every motorboat propelled by a motor on the waters of this state must be numbered and

licensed as prescribed in this chapter. No person may operate or give permission for the

operation of any motorboat on such waters unless the motorboat is numbered and licensed in

accordance with this chapter, with applicable federal law, or with a federally approved

numbering system of another state, and unless:

1. The certificate of number awarded to such motorboat is in full force and effect.

2. The identifying number set forth in the certificate of number is displayed on each side

of the bow of such motorboat.

Any person who violates this section is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-06-03 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-03
20.1-06-03. Legal size of fish
Status: in_force

20.1-06-03. Legal size of fish

No person may take, catch, kill, or have in the person's possession or under the person's

control any fish smaller than that prescribed by the governor's order and proclamation. Any

person catching a fish under the legal size limit shall immediately return it to the water with as

little harm as possible.
N.D. Cent. Code § 20.1-13.1-09 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-09
20.1-13.1-09. Judicial review
Status: in_force

20.1-13.1-09. Judicial review

Any person who has been prohibited from operating a motorboat or vessel by the decision

of the hearing officer under section 20.1-13.1-08 may appeal within seven days after the date

the hearing officer issued the decision under section 20.1-13.1-08 as shown by the date of the

hearing officer's decision, notwithstanding section 28-32-42, by serving on the director and filing

a notice of appeal and specifications of error in the district court in the county where the events

occurred for which the demand for a chemical test was made or in the county in which the

administrative hearing was held. The court shall set the matter for hearing, and the petitioner

shall give twenty days' notice of the hearing to the director and to the hearing officer who

rendered the decision. Neither the director nor the court may stay the decision pending decision

on appeal. Within fifteen days after receipt of the notice of appeal, the director or the hearing

officer who rendered the decision shall file in the office of the clerk of court to which the appeal

is taken a certified transcript of the testimony and all other proceedings. This record is the

record on which the appeal must be determined. No additional evidence may be heard. The

court shall affirm the decision of the director or hearing officer unless it finds the evidence

insufficient to warrant the conclusion reached by the director or hearing officer. The court may

direct that the matter be returned to the director or hearing officer for rehearing and the

presentation of additional evidence.
N.D. Cent. Code § 20.1-09-04 — ND Code / Title 20.1 / Chapter 20.1-09 / Section 20.1-09-04
20.1-09-04. Reports to director by persons holding propagation permits - Contents of reports
Status: in_force

20.1-09-04. Reports to director by persons holding propagation permits - Contents of

reports.

Every person holding a permit to propagate and domesticate protected birds or animals

shall report to the director annually, on or before December thirty-first, any increase or decrease

in the number of birds or animals held under the permit during the year in which the report is

made.
N.D. Cent. Code § 20.1-03-11.2 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-11.2
20.1-03-11.2. Hunting outfitters - White-tailed deer licenses - Fees
Status: in_force

20.1-03-11.2. Hunting outfitters - White-tailed deer licenses - Fees

The governor shall make one-half of the antlered white-tailed deer licenses and permits

allocated to nonresidents under subsection 4 of section 20.1-03-11, up to a maximum of one

hundred licenses, available to hunting outfitters licensed in this state. A hunting outfitter may not

purchase or obtain more than five white-tailed deer licenses under this section in any one year.

A hunting outfitter shall pay the fee required for a white-tailed deer license sold to outfitters and

provided by them to nonresidents for each license purchased under this section. A hunting

outfitter may provide to nonresidents, for compensation, big game guiding and outfitting services

and one white-tailed deer license per nonresident as provided in this section to hunt white-tailed

deer in the manner, at the places, and during the times the governor prescribes by

proclamation.
N.D. Cent. Code § 20.1-02-16.7 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.7
20.1-02-16.7. Aquatic nuisance species program fund
Status: in_force

20.1-02-16.7. Aquatic nuisance species program fund

There is created in the state treasury a special fund known as the aquatic nuisance species

program fund. The fund consists of transfers and deposits made in accordance with section

20.1-02-16.1 and section 20.1-13-02.1.
N.D. Cent. Code § 20.1-08-04.13 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.13
20.1-08-04.13. Governor's proclamation concerning once-in-a-lifetime big game hunts for youth with cancer or a life-threatening illness - Rules
Status: repealed

20.1-08-04.13. Governor's proclamation concerning once-in-a-lifetime big game hunts

for youth with cancer or a life-threatening illness - Rules.

Repealed by S.L. 2017, ch. 176, § 8.
N.D. Cent. Code § 20.1-12-06 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-06
20.1-12-06. Game birds to be tagged
Status: in_force

20.1-12-06. Game birds to be tagged

Each shooting preserve operator shall tag all game birds harvested by guests before the

birds are consumed or removed from the shooting preserve premises. The director shall provide

tags to shooting preserve operators, at nominal cost to them. Once affixed, tags must remain

attached until the game birds are prepared for consumption. If a wild upland bird of the same

species hunted on the shooting preserve is taken accidentally by a client out of the regular

hunting season proclaimed by the governor, or is taken by a client not in possession of a proper

small game license, the client may keep the bird. At no time following release may a shooting

preserve operator allow the number of wild and released birds harvested to exceed one

hundred percent of the number of birds that have been released. All birds must be healthy when

released. The total percent of harvested wild birds kept by clients may not exceed twenty-five

percent of the birds harvested during the season. Other than those wild birds allowed to be

retained by a client, the shooting preserve operator shall deliver to the department all wild birds

harvested.
N.D. Cent. Code § 20.1-13-07 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-07
20.1-13-07. Prohibited operation - Penalty
Status: in_force

20.1-13-07. Prohibited operation - Penalty

1. An individual may not operate a motorboat or vessel, or manipulate water skis, a

surfboard, or similar device in a reckless or negligent manner so as to endanger the

life, limb, or property of any individual. Reckless or negligent operation of a motorboat

or vessel includes weaving through congested motorboat or vessel traffic, jumping the

wake of another motorboat or vessel within one hundred feet [30.48 meters] of the

motorboat or vessel, or in any other manner that is not reasonable or prudent.

2. An individual may not operate a motorboat or vessel, or manipulate water skis, a

surfboard, or similar device if any of the following apply:

a. The individual has an alcohol concentration of at least ten one-hundredths of one

percent by weight at the time of the performance of the test within two hours after

the operating of a motorboat or vessel.

b. The individual is under the influence of intoxicating liquor.

c. The individual is under the influence of a drug or substance or combination of

drugs or substances to a degree which renders the individual incapable of safely

operating a motorboat or vessel.

d. The individual is under the combined influence of alcohol and any other drugs or

substances to a degree which renders that person incapable of safely operating a

motorboat or vessel.

The fact that an individual charged with violating this section is or has been legally

entitled to use alcohol or other drugs or substances is not a defense against a charge

for violating this section, unless a drug that predominantly caused impairment was

used only as directed or cautioned by a practitioner who legally prescribed or

dispensed the drug to the individual.

3. An individual under twelve years of age may not operate a motorboat propelled by

over a ten horsepower motor unless the operator is accompanied by an individual

eighteen years of age or older. An individual who violates this subsection is guilty of a

class 2 noncriminal offense.

4. An individual of twelve through fifteen years of age may not operate a motorboat

propelled by over a ten horsepower motor unless the operator is accompanied by an

individual eighteen years of age or older or the operator has taken and passed a

boating course approved by the department. An individual who violates this subsection

is guilty of a class 2 noncriminal offense.

5. An individual may not cause or knowingly permit a minor under sixteen years of age to

operate a motorboat propelled by over a ten horsepower motor unless the minor is

otherwise authorized to do so by this section.

6. An individual may not operate a motorboat or vessel within one hundred feet [30.48

meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an

occupied, anchored or nonmotorized vessel, or within two hundred fifty feet [76.20

meters] of a reduced speed or slow or no wake sign at greater than slow or no wake

speed.

7. An individual may not operate or permit the operation of a personal watercraft:

a. Without each person on board the personal watercraft wearing a United States

coast guard approved type I, II, III, or V personal flotation device;

b. Within one hundred feet [30.48 meters] of a person fishing from a shoreline,

swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel

at greater than slow or no wake speed;

c. While towing an individual on water skis, a kneeboard, an inflatable craft, or any

other device unless an observer is on board or the personal watercraft is

equipped with a mirror on each side which provides the operator an unobstructed

field of vision to the rear;

d. Without a lanyard-type engine cutoff switch being attached to the individual,

clothing, or personal flotation device of the operator, if the personal watercraft is

equipped by the manufacturer with such a device;

e. If a part of the spring-loaded throttle mechanism has been removed, altered, or

tampered with so as to interfere with the return-to-idle system;

f. To chase or harass wildlife;

g. Through emergent or floating vegetation at other than slow or no wake speed;

h. In a manner that unreasonably or unnecessarily endangers life, limb, or property,

including weaving through congested watercraft traffic, jumping the wake of

another watercraft within one hundred feet [30.48 meters] of the other watercraft;

or

i. In any other manner that is not reasonable and prudent.

8. An individual who violates subdivision c of subsection 7 is guilty of a class 2

noncriminal offense.
N.D. Cent. Code § 20.1-01-14 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-14
20.1-01-14. Possession or control of wildlife prima facie evidence of criminal offense
Status: in_force

20.1-01-14. Possession or control of wildlife prima facie evidence of criminal offense

Possession or control by any person of any wildlife, or any part thereof, the killing, taking, or

possessing of which is unlawful, is prima facie evidence the wildlife was caught, taken, or killed

in this state in violation of this title.
N.D. Cent. Code § 20.1-17-02 — ND Code / Title 20.1 / Chapter 20.1-17 / Section 20.1-17-02
20.1-17-02. Compensation and expenses of appointive members of the aquatic nuisance committee
Status: in_force

20.1-17-02. Compensation and expenses of appointive members of the aquatic

nuisance committee.

Each appointive member of the committee is entitled to receive sixty-two dollars and fifty

cents compensation per day and to reimbursement for expenses in the amounts provided in

sections 44-08-04 and 54-06-09 while attending meetings of the committee or, at the discretion

of the member, may receive either per diem compensation or expenses in those amounts while

otherwise engaged in official business of the department, including time of travel between home

and the place at which the member performs such duties.
N.D. Cent. Code § 20.1-03-27 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-27
20.1-03-27. Proof of license to be provided officers upon demand - Penalty
Status: in_force

20.1-03-27. Proof of license to be provided officers upon demand - Penalty

Upon the request or demand of the director, the deputy director, any game warden, or any

peace officer, an individual who is hunting, trapping, or fishing immediately shall provide the

appropriate license in paper or electronic format to the officer making the request or demand.

Any individual who violates this section is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-02-15 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-15
20.1-02-15. Police powers of director, deputy director, and bonded appointees of director
Status: in_force

20.1-02-15. Police powers of director, deputy director, and bonded appointees of

director.

The director, deputy director, and any bonded appointees of the director have the power:

1. Of a peace officer for the purpose of enforcing this title and any other state laws or

rules relating to wildlife.

2. To make arrests upon view and without warrant for any violation, committed in that

person's presence, of this title and any other state laws or rules relating to wildlife.

3. To regulate dealers in green furs, propagation or possession of live protected wildlife,

taxidermists, shooting preserves, guides and outfitters, commercial fishing operations,

private fish hatcheries, and commercial bait vendors. In the regulation of these

licensed activities, the premises used to conduct the business and records required by

law must be open for inspection at reasonable hours by game and fish law

enforcement officers.
N.D. Cent. Code § 20.1-13-19 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-19
20.1-13-19. Display of labels evidencing compliance
Status: in_force

20.1-13-19. Display of labels evidencing compliance

The state game and fish department may require the display of seals, labels, plates,

insignia, or other devices for the purpose of certifying or evidencing compliance with state or

federal safety rules and standards for boats and associated equipment.
N.D. Cent. Code § 20.1-03-21 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-21
20.1-03-21. Failure to turn over money collected under provisions of this title unlawful - Penalty
Status: in_force

20.1-03-21. Failure to turn over money collected under provisions of this title unlawful

- Penalty.

It is unlawful for a person to fail or refuse to turn over any moneys collected or authorized to

be collected under this title, or to fail or refuse to turn over and deliver to the director all

applications, stubs, and mutilated and unused licenses and permits. The director may take

appropriate action to recover from the person so defaulting, or on that person's bond.
N.D. Cent. Code § 20.1-03-01.1 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-01.1
20.1-03-01.1. Director to appoint and train instructors - Prescribe course material and classroom sites - Certify completion
Status: in_force

20.1-03-01.1. Director to appoint and train instructors - Prescribe course material and

classroom sites - Certify completion.

The director shall provide classroom instruction on, and shall select, train, and certify

persons or department personnel qualified to provide instruction on, firearms and bow safety

and hunter responsibility, and shall prescribe the course material to be used, classroom

locations, and the dates for teaching the course in this state. The director also shall provide an

online internet hunter safety education program for individuals age sixteen and over to complete

the hunter safety education requirement. The director shall authorize the issuance of a

certificate of completion to all persons satisfactorily completing the course.
N.D. Cent. Code § 20.1-04-03 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-03
20.1-04-03. Harmless wild birds protected - Imported songbirds as domestic pets may be possessed and sold
Status: in_force

20.1-04-03. Harmless wild birds protected - Imported songbirds as domestic pets may

be possessed and sold.

No person, without a permit issued by the director, shall kill, catch, take, ship, cause to be

shipped, purchase, offer, or expose for sale, sell, have in that person's possession or under that

person's control, any harmless wild bird, or any part thereof, irrespective of whether the

harmless wild bird was captured or killed in or out of this state. Imported songbirds used and to

be used as domestic pets may be bought, sold, shipped, or possessed at any time.
N.D. Cent. Code § 20.1-03-22 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-22
20.1-03-22. Buying or shipping green furs - License required - Expiration of license
Status: in_force

20.1-03-22. Buying or shipping green furs - License required - Expiration of license

No person may engage in the business of buying or shipping green furs in this state unless

that person first obtains a license from the director. A license issued under this section expires

on the first day of September following the date of its issue and may be issued only upon

payment of the appropriate fee.
N.D. Cent. Code § 20.1-11-11 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-11
20.1-11-11. Landowner consent before posting
Status: in_force

20.1-11-11. Landowner consent before posting

Before the department posts private land as a waterfowl rest area, it shall obtain the

consent, in writing, of those residents owning land to be posted.
N.D. Cent. Code § 20.1-01-35 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-35
20.1-01-35. Hunting through the internet prohibited - Penalty
Status: in_force

20.1-01-35. Hunting through the internet prohibited - Penalty

1. A person may not:

a. Hunt through the internet;

b. Host a hunt through the internet;

c. Import, export, or possess wildlife or any part thereof which has been taken by a

hunt through the internet; or

d. Otherwise enable another person to hunt through the internet.

2. A person who violates this section is guilty of a class C felony.
N.D. Cent. Code § 20.1-05-08 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-08
20.1-05-08. Taking of big game by blind persons
Status: in_force

20.1-05-08. Taking of big game by blind persons

Any individual who is totally or partially blind and who holds a valid big game hunting license

may be accompanied by and have a person designated on the license, who is otherwise

qualified, to hunt big game for that individual except as provided by section 20.1-01-12.
N.D. Cent. Code § 20.1-10-02 — ND Code / Title 20.1 / Chapter 20.1-10 / Section 20.1-10-02
20.1-10-02. Wildlife packed or commingled with contraband must be confiscated
Status: in_force

20.1-10-02. Wildlife packed or commingled with contraband must be confiscated

If any wildlife, or parts thereof, is packed, stored, or contained in the same shipment, bag, or

other receptacle or is otherwise commingled, and one or more has been taken in violation of this

title, the entire contents must be confiscated.
N.D. Cent. Code § 20.1-02-17.2 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-17.2
20.1-02-17.2. Lands acquired by game and fish department to qualify as Garrison diversion mitigation lands
Status: repealed

20.1-02-17.2. Lands acquired by game and fish department to qualify as Garrison

diversion mitigation lands.

Repealed by S.L. 1985, ch. 274, § 4.
N.D. Cent. Code § 20.1-02-18.6 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-18.6
20.1-02-18.6. Wetlands mediation advisory board - Petition - Mediation - Hearing
Status: repealed

20.1-02-18.6. Wetlands mediation advisory board - Petition - Mediation - Hearing

Repealed by S.L. 1997, ch. 211, § 1.
N.D. Cent. Code § 20.1-02-23 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-23
20.1-02-23. Game and fish advisory board - Appointment - Qualifications - Term
Status: in_force

20.1-02-23. Game and fish advisory board - Appointment - Qualifications - Term

The state game and fish advisory board consists of eight members, one from each of the

following districts, appointed by the governor:

1. District one shall consist of the counties of Divide, McKenzie, and Williams.

2. District two shall consist of the counties of Bottineau, Burke, McHenry, Mountrail,

Pierce, Renville, and Ward.

3. District three shall consist of the counties of Benson, Cavalier, Eddy, Ramsey, Rolette,

and Towner.

4. District four shall consist of the counties of Grand Forks, Nelson, Pembina, and Walsh.

5. District five shall consist of the counties of Cass, Ransom, Richland, Sargent, Steele,

and Traill.

6. District six shall consist of the counties of Barnes, Dickey, Foster, Griggs, LaMoure,

Logan, McIntosh, Stutsman, and Wells.

7. District seven shall consist of the counties of Burleigh, Emmons, Grant, Kidder,

McLean, Mercer, Morton, Oliver, Sheridan, and Sioux.

8. District eight shall consist of the counties of Adams, Billings, Bowman, Dunn, Golden

Valley, Hettinger, Slope, and Stark.

Four members must be bona fide farmers or ranchers and four members must be bona fide

sportsmen. Each farmer or rancher appointment must be made from a list of three names

submitted by agricultural organizations requested by the governor to submit the list and each

sportsman appointment must be made from a list of three names submitted by outdoor,

sportsmen, wildlife, and conservation organizations requested by the governor to submit the list.

Appointments are for a term of four years from the first day of July of the year of expiration of

the basic term, and until a successor has been appointed and qualified. Vacancies occurring

other than by the expiration of an appointive term may be filled by appointment for the

remainder of the term only. No member of the board may serve longer than two full terms. The

members of the advisory board are subject to removal by the governor for cause only. The

advisory board shall select from their members a chairman, vice chairman, and secretary who

serve in these positions until June thirtieth of the year next following their selection.
N.D. Cent. Code § 20.1-03-02 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-02
20.1-03-02. General game license - Stamps allowed for specific licenses
Status: in_force

20.1-03-02. General game license - Stamps allowed for specific licenses

Except as provided in section 20.1-03-07.3, a person may not:

1. Acquire any resident or nonresident license to hunt, catch, take, or kill any small game

or big game animal unless that person first obtains an annual general game license.

2. Hunt, catch, take, trap, or kill any small game or big game animal unless that person

has in that person's possession an annual general game license together with the

specific license required.

The director shall design and furnish, for sale to residents and nonresidents, an annual general

game license. A stamp may be prepared by the director to be affixed to a general game license

in place of each separate small game or big game hunting license.
N.D. Cent. Code § 20.1-11-07 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-07
20.1-11-07. Game refuges, game management areas to be posted by director - Inscription on signs - Location
Status: in_force

20.1-11-07. Game refuges, game management areas to be posted by director -

Inscription on signs - Location.

The director shall post each state game refuge and game management area with sign

boards bearing the words "state game refuge" or "state game management area". These signs

must be located at each corner of the refuge or management area and along the outer lines at

intervals of approximately four hundred forty yards [402.34 meters].
N.D. Cent. Code § 20.1-03-01.5 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-01.5
20.1-03-01.5. Apprentice hunter validation
Status: in_force

20.1-03-01.5. Apprentice hunter validation

1. An individual born after December 31, 1961, who is twelve years of age or older, and

who does not possess a hunter safety education course certificate of completion may

be issued an apprentice hunter validation. Except as provided in subsection 2, an

apprentice hunter validation is valid for only one license year in a lifetime. An individual

in possession of an apprentice hunter validation may hunt small game and deer only

when accompanied by an adult licensed to hunt in this state whose license was not

obtained using an apprentice hunter validation. An apprentice hunter validation holder

must obtain all required licenses and stamps. For purposes of this section,

"accompanied" means to stay within a distance of another individual that permits

uninterrupted visual contact in unaided verbal communication.

2. An individual who was issued an apprentice hunter validation for the 2020-21 license

year may receive another apprentice hunter validation for one additional license year

in the individual's lifetime.
N.D. Cent. Code § 20.1-01-31 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-31
20.1-01-31. Interference with rights of hunters and trappers
Status: in_force

20.1-01-31. Interference with rights of hunters and trappers

An individual may not intentionally interfere with the lawful taking of wildlife on public or

private land by another or intentionally harass, drive, or disturb any wildlife on public or private

land for the purpose of disrupting a lawful hunt. The individual may not use an aerial vehicle that

does not carry a human operator on public or private land to intentionally interfere with the

lawful taking of wildlife by another individual or intentionally harass, drive, or disturb any wildlife

for the purpose of disrupting a lawful hunt. Except for department personnel, the individual

setting the trap or snare, or that individual's agent, another individual may not remove or tamper

with a trap or snare legally set to take fur-bearing animals or unprotected wild animals or

remove the fur-bearing animal or unprotected wild animal from a trap or snare. This section

does not apply to any incidental interference arising from lawful activity by public or private land

users or to landowners or operators interfering with hunters on land owned or operated by that

individual.
N.D. Cent. Code § 20.1-04-11 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-11
20.1-04-11. Blinds, boats, and decoys lawfully usable in taking ducks and geese
Status: in_force

20.1-04-11. Blinds, boats, and decoys lawfully usable in taking ducks and geese

Wild ducks and geese may be taken:

1. In the open or from a stationary natural or artificial blind or other place of concealment

on land or water, except a sinkbox.

2. From a floating craft, excluding a sinkbox, if the floating craft is:

a. Beached, or fastened within or tied immediately alongside any type of fixed

hunting blind;

b. Resting at anchor if authorized by governor's proclamation;

c. Without a motor, propelled exclusively by paddle, oars, or pole; or

d. With a motor, if the craft is at rest and the motor has been turned off.

3. With the aid of artificial decoys. The use, directly or indirectly, of live duck or goose

decoys is not permitted.

A motorboat, sailboat, or other craft may be used to pick up dead or injured birds. An individual

may not shoot from a motorboat, sailboat, or other craft except as provided in this section.
N.D. Cent. Code § 20.1-07-06 — ND Code / Title 20.1 / Chapter 20.1-07 / Section 20.1-07-06
20.1-07-06. Unlawful possession of fur-bearers - Each violation is a distinct offense
Status: in_force

20.1-07-06. Unlawful possession of fur-bearers - Each violation is a distinct offense

No person may unlawfully:

1. Kill, take, attempt to take, possess, transport, accept for transportation, buy, sell, offer

for sale, barter, or otherwise dispose of any fur-bearing animal or any part thereof.

2. Take or attempt to take any fur-bearer outside a regularly prescribed season or without

a license or as provided in section 20.1-07-04, or violate any of this chapter.

Each violation constitutes a distinct and separate offense.
N.D. Cent. Code § 20.1-06-08 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-08
20.1-06-08. Governor's proclamation concerning spearfishing from dark houses
Status: in_force

20.1-06-08. Governor's proclamation concerning spearfishing from dark houses

The governor shall provide by proclamation for the taking of fish by spearing through the ice

from dark houses. Spearfishing seasons, and the species that may be taken, must be by

established methods provided for in the governor's order or proclamation. A nonresident may

spearfish in this state if the nonresident's state of residence provides the same privilege for

residents of this state. The fishing license provided for in chapter 20.1-03 includes the privilege

of spearfishing.
N.D. Cent. Code § 20.1-02-07 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-07
20.1-02-07. Chief game warden, district deputy game wardens, biologists, and technicians - Appointment - Removal
Status: in_force

20.1-02-07. Chief game warden, district deputy game wardens, biologists, and

technicians - Appointment - Removal.

The director, with the governor's approval, may appoint the following permanent employees:

1. A chief game warden who shall enforce all state game and fish laws and supervise all

deputy game wardens.

2. District deputy game wardens, assigned by the director, to enforce all state game and

fish laws within specific appropriation limitations.

3. Biologists and technicians with specialized training and experience to perform duties

specified by the director.

The appointees may be removed for cause only and in the manner specified by law.
N.D. Cent. Code § 20.1-01-25 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-25
20.1-01-25. Deposit of refuse unlawful - Penalty
Status: in_force

20.1-01-25. Deposit of refuse unlawful - Penalty

The deposit of litter, refuse, rubbish, bottles, cans, or other waste materials, on or in the

vicinity of a game refuge, lake, river, public park, or recreation area is prohibited. All law

enforcement officers of this state shall enforce this section. A person who willfully violates this

section is guilty of an infraction for which a minimum fine of one hundred dollars must be

imposed.
N.D. Cent. Code § 20.1-03-36.2 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-36.2
20.1-03-36.2. Guides and outfitters licenses
Status: in_force

20.1-03-36.2. Guides and outfitters licenses

1. Each licensee shall carry the license while afield and show the license to any law

enforcement officer upon request.

2. Hunting guide and fishing outfitter licenses are not transferable.

3. Guide and outfitter licenses expire on March thirty-first of each year for licenses issued

after March thirty-first in the previous year unless revoked at an earlier date.

4. The department shall deposit in the game and fish department private habitat and

access improvement fund any funds collected under section 20.1-03-36.1 or this

section from hunting guides and outfitters which are not used for the administration of

this chapter.
N.D. Cent. Code § 20.1-03-24.1 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-24.1
20.1-03-24.1. Permits for the transportation of big game
Status: in_force

20.1-03-24.1. Permits for the transportation of big game

Upon request, a resident or nonresident may obtain a permit for the transportation of big

game from the director, deputy director, chief game wardens, district game wardens, or any law

enforcement officer. The director shall determine the criteria for and the conditions under which

a permit for the transportation of big game may be issued under this section.
N.D. Cent. Code § 20.1-10-01 — ND Code / Title 20.1 / Chapter 20.1-10 / Section 20.1-10-01
20.1-10-01. Property unlawfully taken, transported, or used to be confiscated by certain game and fish officials - Procedure
Status: in_force

20.1-10-01. Property unlawfully taken, transported, or used to be confiscated by

certain game and fish officials - Procedure.

The director, deputy director, or any bonded game warden shall seize all wild birds, wild

animals, or fish, or any part thereof, taken, killed, or possessed, or transported contrary to law,

and shall seize all dogs, guns, seines, nets, boats, lights, automobiles, vehicles,

instrumentalities, appliances, and devices unlawfully used, or held with intent to be unlawfully

used, in pursuing, taking, or attempting to take, concealing, or disposing of wild birds, wild

animals, or fish, or any part thereof. Property used or held with the intent to be used unlawfully

in pursuing, taking, attempting to take, concealing, or disposing of wild birds, wild animals, or

fish may not be confiscated when the violation is a noncriminal offense. All property seized must

be held subject to the order of a court of competent jurisdiction. When property is confiscated,

the confiscating officer shall bring the alleged offender before a court of competent jurisdiction

for the purpose of determining disposition. However, if the court having nominal jurisdiction over

the alleged wrongdoer determines that the value of the confiscated property exceeds the court's

jurisdictional limitations, the matter may, upon the motion of either party, be removed to district

court for determination. If the alleged offender desires an attorney, a reasonable time must be

given to secure counsel. If it is not feasible to bring the alleged offender immediately before the

court, the property may not be seized or confiscated if the alleged offender gives a receipt to the

officer assuring delivery before the court when the matter comes up. The receipt must contain

the provisions of this section to advise the alleged offender of the law.
N.D. Cent. Code § 20.1-15-04 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-04
20.1-15-04. Consent of person incapable of refusal not withdrawn
Status: in_force

20.1-15-04. Consent of person incapable of refusal not withdrawn

Any person who is dead, unconscious, or otherwise in a condition rendering that person

incapable of refusal is deemed not to have withdrawn the consent provided by section

20.1-15-01 and the chemical test may be given.
N.D. Cent. Code § 20.1-12-08 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-08
20.1-12-08. Rules to be adopted by the director
Status: in_force

20.1-12-08. Rules to be adopted by the director

The director shall adopt rules reasonably necessary to implement this chapter.
N.D. Cent. Code § 20.1-01-26.1 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-26.1
20.1-01-26.1. Hunting, trapping, or fishing prohibited while privileges are suspended - Penalty
Status: in_force

20.1-01-26.1. Hunting, trapping, or fishing prohibited while privileges are suspended -

Penalty.

No person may directly or indirectly hunt, trap, or fish or assist in any way in hunting,

trapping, or fishing while the person's privileges have been suspended by a court or by the

department of health and human services under section 50-09-08.6. Any person violating this

section is guilty of a class A misdemeanor.
N.D. Cent. Code § 20.1-03-33 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-33
20.1-03-33. When an individual considered licensed
Status: in_force

20.1-03-33. When an individual considered licensed

An individual is considered licensed upon:

1. Submittal of any required information;

2. Payment of the appropriate fee; and

3. Approval of the director or representatives designated by the director.
N.D. Cent. Code § 20.1-14-02 — ND Code / Title 20.1 / Chapter 20.1-14 / Section 20.1-14-02
20.1-14-02. Definitions
Status: in_force

20.1-14-02. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Falconry" means the sport of taking quarry by the use of trained raptors.

2. "Raptor" means any migratory bird of the family accipitridae, excluding bald and

golden eagles, falconidae, or strigidae.
N.D. Cent. Code § 20.1-09-01 — ND Code / Title 20.1 / Chapter 20.1-09 / Section 20.1-09-01
20.1-09-01. General penalty
Status: in_force

20.1-09-01. General penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-17-09 — ND Code / Title 20.1 / Chapter 20.1-17 / Section 20.1-17-09
20.1-17-09. Penalty
Status: in_force

20.1-17-09. Penalty

A person who violates this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-04-01 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-01
20.1-04-01. General penalty
Status: in_force

20.1-04-01. General penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-02-17.1 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-17.1
20.1-02-17.1. Procedures and conditions for land acquisitions for wildlife and fish restoration
Status: in_force

20.1-02-17.1. Procedures and conditions for land acquisitions for wildlife and fish

restoration.

1. The director shall submit proposed wildlife and fish restoration programs or projects

and updated segments thereof involving proposed acquisitions by purchase, lease,

easement, or servitude of wetlands, water, or land areas by certified mail with return

receipt to the board of county commissioners of the county or counties in which the

affected areas are located for the board's approval prior to agreement with and

approval by the secretary of the interior.

2. The board of county commissioners of the county affected, or a designee or designees

of the board, shall, within twenty-one days of receipt of an acquisition proposal,

physically inspect the proposed acquisition areas. The board shall give public notice of

the date, hour, and place where the public may comment on the proposed

acquisitions. The notice must be published once each week for two consecutive weeks

in the official newspaper of the county or counties in which the land and water areas

are located. The notice must set forth the substance of the proposed action and must

include a legal description of the proposed acquisitions. The board of county

commissioners shall give its approval or disapproval by certified mail with return

receipt within sixty days after receipt of an acquisition proposal.

3. A detailed impact analysis from the state game and fish department shall be included

with the acquisition proposal for board of county commissioner consideration in

making recommendations. The analysis by the game and fish department shall

include, but shall not be limited to, the recreational and wildlife impacts. In addition, the

county agent of the affected county or counties shall prepare an impact analysis for

board of county commissioner consideration which shall include the fiscal, social, and

agricultural impacts of the proposed acquisition. The state game and fish department

shall reimburse the county or counties for any expenses incurred by the county agent

in preparing the analysis. The analyses shall also be forwarded to the department of

commerce division of community services which shall furnish copies to all interested

state agencies and political subdivisions, which agencies and political subdivisions

shall have thirty days to review the analyses and return their comments to the division

of community services. Upon expiration of the thirty-day period, all comments received

by the division of community services shall be forwarded to the state game and fish

department. The state game and fish department may, after consideration of such

comments, file a final impact analysis with the division of community services and the

board of county commissioners.

4. Any landowner may negotiate the time period of a lease, easement, or servitude

sought under the federal Acts cited in section 20.1-02-17. Except with respect to

flowage and access easements, a lease, easement, or servitude shall terminate upon

the death of a landowner or upon change in ownership of the affected land.

5. A landowner may restrict a lease, easement, or servitude by legal description to the

wetlands, water, or land areas sought under the Acts and may drain any expanded

wetland or water area in excess of the legal description.
N.D. Cent. Code § 20.1-03-08 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-08
20.1-03-08. When licenses to fish not required of nonresident
Status: in_force

20.1-03-08. When licenses to fish not required of nonresident

Subject to other provisions of this title, any nonresident under the age of sixteen years may

fish without a nonresident fishing license if accompanied by an adult possessing a valid fishing

license. Any nonresident may fish in the waters of a private fish hatchery without a nonresident

fishing license. Nonresidents approved by the department and serving as instructors at official

aquatics education events may fish without a license at the discretion of the director.
N.D. Cent. Code § 20.1-07-01 — ND Code / Title 20.1 / Chapter 20.1-07 / Section 20.1-07-01
20.1-07-01. General penalty
Status: in_force

20.1-07-01. General penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 20.1-11-12 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-12
20.1-11-12. Acquisition of school lands for wildlife restoration projects
Status: in_force

20.1-11-12. Acquisition of school lands for wildlife restoration projects

The board of university and school lands, for wildlife restoration projects, may transfer and

convey to the department any state school land. A transfer and conveyance may not exceed six

hundred forty acres [259 hectares] for any one project and must be made in exchange for other

land of equal value owned by the state for the benefit and use of the department or acquired by

the department for exchange purposes.
N.D. Cent. Code § 20.1-06-11 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-11
20.1-06-11. Fish legally taken out of state
Status: in_force

20.1-06-11. Fish legally taken out of state

Fish abounding in the waters of this state, and legally caught out of state, may be

possessed, transported, or shipped in state. Evidence they have been legally caught must

accompany such fish. This does not apply to persons, firms, corporations, or limited liability

companies that peddle such fish or sell them from a permanently located wholesale fish market,

jobbing house, or other place for the wholesale marketing of fish, or a grocery store or retail fish

market which may legally possess such fish by complying with section 20.1-06-10.
N.D. Cent. Code § 20.1-04-02.1 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-02.1
20.1-04-02.1. Game bird parts - Decorative purposes
Status: in_force

20.1-04-02.1. Game bird parts - Decorative purposes

Nothing in this title prohibits the use of any part of a legally taken game bird for decorative

purposes or in the making of art works for private use or sale, except that any part of any legally

taken migratory bird may not be sold or bartered except as provided under federal regulations.
N.D. Cent. Code § 20.1-03-39 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-39
20.1-03-39. Guides and outfitters restrictions
Status: in_force

20.1-03-39. Guides and outfitters restrictions

1. The license of a guide or outfitter may be denied, revoked, or suspended, or placed on

probation by the director if:

a. The licensee, while carrying out the business of guiding or outfitting, engages in

conduct detrimental to the image and professional integrity of the guiding and

outfitting industry;

b. The licensee willfully and substantially misrepresented that person's facilities,

prices, equipment, services, or hunting or fishing opportunities as a guide or

outfitter;

c. The licensee has been convicted of an offense not listed in this section which is

determined by the director to have a direct bearing on the licensee's ability to

serve the public as a guide or outfitter;

d. The licensee is addicted to the use of intoxicating liquors, narcotics, or stimulants

to the extent the licensee's performance of professional duties is affected;

e. The licensee has become not qualified, or has violated any rule for the licensing

of a guide or outfitter by the director;

f. The licensee is convicted of violating state or federal criminal law pertaining to

hunting, fishing, or trapping, or if the director finds by clear and convincing

evidence that such a violation has occurred;

g. The licensee provided guiding or outfitting services to a person that had not

obtained the appropriate license for the species sought by that person; or

h. A licensed outfitter utilized any unlicensed person to perform outfitter or guide

services on behalf of the outfitter. This subsection applies to outfitters regardless

of whether the person who performed the service is otherwise exempt under

subsection 4 of section 20.1-03-36.1.

2. For the purpose of administrative sanctions, an outfitter is liable if a guide violates a

criminal provision of this chapter or a state or federal criminal law pertaining to hunting,

fishing, or trapping while guiding on behalf of the outfitter. It is an affirmative defense if

the outfitter reported the violation to the department or law enforcement when the

outfitter discovered the violation or has not had more than two independent violations

by a guide working on behalf of the outfitter in the previous three-year period and the

outfitter did not aid in or attempt to conceal evidence of the violation. A guide is liable if

a client violates a state or federal criminal law pertaining to hunting, fishing, or trapping

if the guide knowingly aids in the violation or knows of the violation and the guide or

client fail to report the violation to the department within a reasonable time.

3. Notwithstanding chapters 45-11 and 47-25, another person may not use a name,

business name, fictitious name, trade name, internet address, world wide web uniform

resource identifier, place of business, or telephone number of an outfitter who has

been convicted of a violation at least three years from the time of the conviction except

on permission from the director after a determination by the director that the new

business is significantly separate from the previous business and the new business

does not employ, contract with, or receive assistance from any person who has been

prohibited from guiding or outfitting.
N.D. Cent. Code § 20.1-06-13 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-13
20.1-06-13. Property rights - Fish wild by nature
Status: in_force

20.1-06-13. Property rights - Fish wild by nature

Any person, firm, corporation, or limited liability company raising and owning any lawfully

possessed fish, wild by nature, has the same property rights therein as enjoyed by owners of

domestic fish. They are, however, subject to all rules adopted by the director regarding the

introduction and release into the state of the fish, as provided in subsection 13 of section

20.1-02-05.
N.D. Cent. Code § 20.1-03-15 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-15
20.1-03-15. Taxidermist's license - Who to issue
Status: in_force

20.1-03-15. Taxidermist's license - Who to issue

The director shall issue an annual license to practice taxidermy upon payment of the

appropriate license fee.
N.D. Cent. Code § 20.1-03-37 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-37
20.1-03-37. Guides and outfitters license qualifications
Status: in_force

20.1-03-37. Guides and outfitters license qualifications

1. An individual who is eighteen years of age or more may apply for a guide or outfitter

license.

2. An applicant for a hunting guide license and an outfitter acting as a guide shall provide

the director proof that the individual is certified in adult cardiopulmonary resuscitation

or its equivalent and in standard or first aid or its equivalent.

3. An applicant for a hunting outfitter or fishing outfitter license shall provide to the

director proof that the individual and the individual's business operation are covered by

general liability insurance against loss or expense due to accident or injury from

outfitting services, at a minimum of one hundred thousand dollars per individual and

three hundred thousand dollars per accident.

4. An individual must hold a hunting guide license for two years to be eligible to apply for

a hunting outfitter license unless that individual provides proof to the department that

the individual has been exempt under subsection 4 of section 20.1-03-36.1 and has

been conducting outfitter or guide service as an exempt individual for at least two

years.

5. The director may not issue a license to an individual who has been convicted of a state

or federal criminal game or fish violation in the last three years or whose license to

hunt or fish is under suspension or revocation. As used in this chapter, "conviction"

means a finding of guilt, a guilty plea, a plea of no contest, a plea of nolo contendere,

a judgment of conviction even though the court suspended execution of a sentence in

accordance with subsection 3 of section 12.1-32-02, or a deferred imposition of

sentence in accordance with subsection 4 of section 12.1-32-02 or an equivalent

statute. The term does not include a finding of guilt which is reversed on appeal.

6. If an application is for a business association, the applicant must be an agent of the

association to be held personally responsible for the conduct of the licensed outfitter's

operations, in addition to the association, and the applicant must be actively and

regularly employed in and responsible for the management, supervision, and operation

of the outfitting business. The department may only issue an outfitter license to a

business applicant if the applicant is qualified to conduct the business of outfitting. A

corporation or association may qualify for an outfitter license if a majority of stock is

owned by licensed outfitters in good standing or landowners who own agricultural land

used for the outfitting business, or if a limited liability company, the majority

membership interest is owned by licensed outfitters in good standing or by landowners

who own agricultural land used for the outfitting business. If a business entity owns, is

a leaseholder in land, or provides compensation for the use of land, and directly or

indirectly receives remuneration from hunting on that land, the business entity must be

licensed under this title unless exempt under subsection 4 of section 20.1-03-36.1. A

business entity may not conduct business operations through a subsidiary, contractor,

or an agent that would permit the business entity to avoid this chapter. This section

does not authorize any act or transaction prohibited by any other law of this state.

7. An applicant for a hunting guide or hunting outfitter license must have legally hunted

for part of each of any three years in a manner directly contributing to the individual's

experience and competency as a guide.
N.D. Cent. Code § 20.1-02-19 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-19
20.1-02-19. Removal proceedings - Game and fish hearing board
Status: repealed

20.1-02-19. Removal proceedings - Game and fish hearing board

Repealed by S.L. 1991, ch. 236, § 1.
N.D. Cent. Code § 20.1-02-32 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-32
20.1-02-32. Canada goose depredation kill permits
Status: in_force

20.1-02-32. Canada goose depredation kill permits

The department shall implement a web-based online application process for Canada goose

kill permits, publicize in select agricultural publications and trade journals the availability of

Canada goose kill permits, and implement a program to match volunteers with agricultural

producers with kill permits.
N.D. Cent. Code § 20.1-03-16 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-16
20.1-03-16. Records required of licensed taxidermists - Contents - Inspection of records and unmounted specimens by game officials - Penalty
Status: in_force

20.1-03-16. Records required of licensed taxidermists - Contents - Inspection of

records and unmounted specimens by game officials - Penalty.

Each person having a license to practice taxidermy shall keep a record showing the name

of every person who furnished the licensee with a green or unmounted specimen and the

species of each specimen. The licensee, upon request, shall exhibit the record and all

unmounted specimens in the licensee's possession to the director, the deputy director, or any

bonded game warden. Any person who violates this section is guilty of a class 1 noncriminal

offense.
N.D. Cent. Code § 20.1-02-33 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-33
20.1-02-33. Fishing contests
Status: in_force

20.1-02-33. Fishing contests

1. A "fishing contest" means an event at which a prize or cash is given to a contestant for

catching fish from waters open to the public. The term includes high-value tag

contests, fishing tournaments, biggest fish contests, contests providing a prize for the

largest number or weight of fish, and fishing leagues and tournaments comprised of

multiple fishing events which have a cumulative fee of fifty dollars or more per event.

The term does not include:

a. A fishing event with fewer than fifty participants or fewer than fifteen boats for

which an entry or participation fee of less than fifty dollars is charged.

b. An individual big fish promotion for which an entry or participation fee is not

charged.

c. An organized youth fishing event if participants are under the age of nineteen or

enrolled in a high school.

d. An online contest not held on a single body of water.

2. A fishing contest may not include a conservation fee if the fishing contest is held by a

nonprofit veterans organization, charitable organization, educational organization,

religious organization, fraternal organization, civic and service organization, or public-

spirited organization, as those organizations are defined in chapter 53-06.1. A

membership fee for a club or organization may not be classified as an entry fee or

proceeds.

3. An organization desiring to hold a fishing contest shall submit an application to the

director at least thirty days before the start of the contest. The application must list the

recipient of the conservation fee and include a seventy-five dollar application fee. A

conservation fee must be negotiated between the organization desiring to hold the

fishing contest and a representative of the fishing league or fishing tournament.

4. The director may deny or revoke a permit if:

a. The director believes the fishing contest does not or will not comply with the rules

of the department or could be harmful to the fishing resource;

b. An agency with jurisdiction deems the public use facilities such as a boat ramp,

parking area, campground, or related facilities are inadequate to support the

contest; or

c. The committee or sponsors have failed to submit timely reports.

5. A permittee shall submit a report to the director within thirty days after completion of

the fishing contest. The report must include the number of contest participants, the

quantity and species of fish taken in the contest, and the total amount and recipient of

the conservation fee. Failure to submit this report is justification for denial of future

fishing contest permits.

6. The director may adopt rules to administer this section.
N.D. Cent. Code § 20.1-01-34 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-34
20.1-01-34. Crossbow legal weapon
Status: in_force

20.1-01-34. Crossbow legal weapon

Notwithstanding any other provision of law, an individual may use a crossbow during the

duration of any deer gun season the individual possesses the appropriate deer gun license.
N.D. Cent. Code § 20.1-14-03 — ND Code / Title 20.1 / Chapter 20.1-14 / Section 20.1-14-03
20.1-14-03. Departmental authority
Status: in_force

20.1-14-03. Departmental authority

The department shall make such rules governing the issuance and use of falconry licenses

and prescribe the fee for the licenses as it deems proper and necessary and in compliance with

federal regulations. The department may revoke any falconry license and seize the raptors held

pursuant thereto if the licensee:

1. Fails to provide proper care for the raptors in the licensee's possession.

2. Allows raptors in the licensee's possession to become a public nuisance.

3. Violates any of the provisions of this chapter or any rules made pursuant thereto.

4. Fails to comply with any statute, rule, or regulation applicable to the hunting of the

game taken or to be taken.
N.D. Cent. Code § 20.1-05.1-02 — ND Code / Title 20.1 / Chapter 20.1-05.1 / Section 20.1-05.1-02
20.1-05.1-02. Discretionary special allocation hunting license authorization
Status: in_force

20.1-05.1-02. Discretionary special allocation hunting license authorization

1. Subject to the restrictions under this section and in addition to the special allocation

licenses authorized under section 20.1-05.1-01, if determined appropriate by the

director based on the sustainability of the species population, the director may issue to

eligible organizations the following annual special allocation hunting licenses:

a. Not more than two elk licenses, but the total issued under this subdivision may

not exceed two percent of the general lottery allocation of elk licenses for the

season.

b. Not more than two moose licenses, but the total issued under this subdivision

may not exceed two percent of the general lottery allocation of moose licenses for

the season.

c. Not more than two antelope licenses, but the total issued under this subdivision

may not exceed two percent of the general lottery allocation of antelope licenses

for the previous season.

d. Not more than ten white-tailed deer licenses.

2. An eligible organization may apply annually to be considered for issuance of up to two

special allocation hunting licenses under this section. Applications under this

subsection must be filed at the times, in the manner, and containing the information

required by rules adopted by the director. If more applications are filed than the

number of licenses under this section available for that species for a season, the

director shall determine by lottery which organizations will receive the available

licenses.

3. An eligible organization that obtains a license under this section and conducts a raffle

or auction to determine the recipient of the license must conduct the raffle or auction in

compliance with rules adopted by the director. An eligible organization that obtains a

license under this section shall submit reports concerning a raffle or auction as the

director requires. An individual may apply to receive an elk or moose license through a

raffle or auction under this section as well as through the game and fish department

general lottery. If an individual receives an elk or moose license under this section, the

individual is not eligible to receive an elk or moose license through the game and fish

department general lottery that year and may not obtain an elk or moose license under

section 20.1-05.1-01 that year. If an individual receives an elk or moose license under

section 20.1-05.1-01, the individual is not eligible to receive an elk or moose license

under this section that year.

4. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep

is not eligible to apply for or receive a license under this section.

5. For purposes of this section, "eligible organization" means an organization that:

a. Is exempt from federal income taxation under section 501(c)(3) or 501(c)(19) of

the Internal Revenue Code [26 U.S.C. 501(c)(3); 26 U.S.C. 501(c)(19)] and

provides with its application a copy of the letter from the internal revenue service

to that effect;

b. Is on file as a nonprofit corporation in good standing in the office of the secretary

of state;

c. Agrees in its application to contribute at least twenty percent of the net proceeds

of any raffle of a license under this section to a conservation-related project to be

conducted in this state and approved by the director; and

d. Is not the recipient of a special allocation hunting license under section

20.1-05.1-01.
N.D. Cent. Code § 20.1-01-06 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-06
20.1-01-06. Being afield with gun or other firearm or bow and arrow while intoxicated prohibited - Penalty
Status: in_force

20.1-01-06. Being afield with gun or other firearm or bow and arrow while intoxicated

prohibited - Penalty.

No person may be afield at any time, with a gun or other firearm or a bow and arrow, while

intoxicated or under the influence of alcoholic beverages or drugs. Upon conviction of a person

for violating this section, that person's hunting license is void. The judge of the convicting court

shall take the license, mark it revoked, and send it to the department. If the conviction is

reversed on appeal, the license must be restored to the defendant. Game wardens, including

special wardens, have the authority of a general peace officer in the enforcement of this section.

In addition to the penalty provided in this chapter, any person convicted of committing a

subsequent offense under this section is ineligible for a hunting license in this state for two

years from and after the conviction.
N.D. Cent. Code § 20.1-01-18 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-18
20.1-01-18. Hunting on posted land and trapping on private land without permission unlawful - Penalty
Status: in_force

20.1-01-18. Hunting on posted land and trapping on private land without permission

unlawful - Penalty.

No person may hunt or pursue game, or enter for those purposes, upon legally posted land

belonging to another without first obtaining the permission of the person legally entitled to grant

the same. No person may enter upon privately owned land for the purpose of trapping protected

fur-bearing animals without first gaining the written permission of the owner or operator of that

land. A person who violates this section is guilty of a class B misdemeanor for the first offense

and a class A misdemeanor for a subsequent offense within a two-year period.
N.D. Cent. Code § 20.1-07-04 — ND Code / Title 20.1 / Chapter 20.1-07 / Section 20.1-07-04
20.1-07-04. Depredating fur-bearing animals - Destruction and disposition
Status: in_force

20.1-07-04. Depredating fur-bearing animals - Destruction and disposition

A landowner or tenant or that person's agent may catch or kill any wild fur-bearing animal

that is committing depredations upon that person's poultry, domestic animals, or crops, except a

landowner or tenant or that person's agent shall notify and obtain the approval of the director

before catching or killing a black bear. A landowner or tenant or that person's agent may not

commercialize in, sell, or ship an animal or the pelt or any part of an animal caught or killed

under this section if caught or killed during the closed season. A person catching or killing a

black bear or mountain lion under this section shall report the capture or killing to the

department within twenty-four hours and the entire animal must be turned over to the

department.
N.D. Cent. Code § 20.1-02-03 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-03
20.1-02-03. Compensation and expenses of director - Audit and payment
Status: in_force

20.1-02-03. Compensation and expenses of director - Audit and payment

The salary of the director must be within the amount appropriated for salaries by the

legislative assembly. The director must be reimbursed for the necessary expenses incurred by

the director in the performance of the director's duties. The director's salary and expenses must

be paid out of the game and fish fund and must be audited and paid in the same manner as the

salary and expenses of other state officers.
N.D. Cent. Code § 20.1-01-03 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-03
20.1-01-03. Ownership and control of wildlife is in the state - Damages - Schedule of monetary values - Civil penalty
Status: in_force

20.1-01-03. Ownership and control of wildlife is in the state - Damages - Schedule of

monetary values - Civil penalty.

The ownership of and title to all wildlife within this state is in the state for the purpose of

regulating the enjoyment, use, possession, disposition, and conservation thereof, and for

maintaining action for damages as herein provided. Any person catching, killing, taking,

trapping, or possessing any wildlife protected by law at any time or in any manner is deemed to

have consented that the title thereto remains in this state for the purpose of regulating the

taking, use, possession, and disposition thereof. The state, through the office of attorney

general, may institute and maintain any action for damages against any person who unlawfully

causes, or has caused within this state, the death, destruction, or injury of wildlife, except as

may be authorized by law. The state has a property interest in all protected wildlife. This interest

supports a civil action for damages for the unlawful destruction of wildlife by willful or grossly

negligent act or omission. The director shall adopt by rule a schedule of monetary values of

various species of wildlife, the values to represent the replacement costs of the wildlife and the

value lost to the state due to the destruction or injury of the species, together with other material

elements of value. In any action brought under this section, the schedule constitutes the

measure of recovery for the wildlife killed or destroyed. Notwithstanding the director's schedule

of monetary values, an individual who unlawfully takes a bighorn sheep, elk, or moose is subject

to a civil penalty for the replacement value of the animal of five thousand dollars for a bighorn

sheep, three thousand dollars for an elk, and two thousand dollars for a moose. For a male

bighorn sheep, elk, or moose over two and one-half years of age, the civil penalty for the

replacement value of the animal is an additional fifty percent of the penalty. The funds recovered

must be deposited in the general fund, and devoted to the propagation and protection of

desirable species of wildlife.
N.D. Cent. Code § 20.1-02-10 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-10
20.1-02-10. Special deputy game wardens - Appointment, removal, compensation
Status: in_force

20.1-02-10. Special deputy game wardens - Appointment, removal, compensation

The director may appoint and remove at pleasure, one or more special deputy game

wardens in each county. They serve for the time and manner as the director directs. They serve

without compensation, but are entitled to a reward pursuant to section 20.1-02-16.
N.D. Cent. Code § 20.1-08-04.9 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.9
20.1-08-04.9. Small game proclamation - Pheasants
Status: in_force

20.1-08-04.9. Small game proclamation - Pheasants

1. Except as provided in subsection 2, the governor, in the governor's proclamation, shall

prohibit a nonresident from hunting for the first seven days of the pheasant season on

land owned or private land enrolled by the department for the purposes of hunting or

on land for which the department pays in lieu of tax payments.

2. A nonresident with a valid hunting license may hunt during the first seven days of the

pheasant season if:

a. The nonresident is a participating landowner whose property is enrolled in this

state's private land open to sportsmen program; and

b. The nonresident hunts on the nonresident's property enrolled in the private land

open to sportsmen program.
N.D. Cent. Code § 20.1-11-02 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-02
20.1-11-02. Game refuges on privately owned or leased lands - How established
Status: in_force

20.1-11-02. Game refuges on privately owned or leased lands - How established

Any person owning, or having control by lease or otherwise, for the required time, of any

lands within this state, may establish a state game refuge thereon by filing with the director a

written application containing:

1. The name of the owner or lessee of the lands described therein.

2. The written consent of the owner, or, if the application is made by a lessee, the written

consent of both the owner and the lessee, to the establishment of a state game refuge

thereon.

3. The time for which the refuge is to be established, which must be for five years or

more from the date the application is filed with the director. The lease may be made

renewable at the option of both parties and may be terminated at any time by mutual

consent of both parties.

4. The extent and legal description of the lands involved. The lands must be ten acres

[4.05 hectares] or more, but cannot exceed six sections [1553.99 hectares] in any one

township.

5. A brief dedication of the lands to this state for the purpose of a state game refuge.

6. A waiver by the owner, or, if the application is made by a lessee, by both the owner

and lessee, of all rights of that person and members of that person's family to hunt,

shoot, trap, or kill any game bird or protected animal on the land during the life of the

dedication of the lands to this state as a state game refuge.

After the application, in due form, has been filed with the director and has been accepted by the

director, the lands described in the application constitute a state game refuge for the time set

forth in the application.
N.D. Cent. Code § 20.1-13-11 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-11
20.1-13-11. Regattas, races, marine parades, tournaments, or exhibitions
Status: in_force

20.1-13-11. Regattas, races, marine parades, tournaments, or exhibitions

1. The department may authorize the holding of regattas, motorboat, or other boat races,

marine parades, tournaments, or exhibitions on any waters of this state. It shall adopt

and may, from time to time, amend rules concerning the safety of motorboats and

other vessels and persons thereon, either observers or participants. Whenever a

regatta, motorboat, or other boat race, marine parade, tournament, or exhibition is

proposed to be held, the person in charge thereof, shall, at least ten days prior thereto,

file an application with the department for permission to hold the same. The application

must set forth the date, time, and location where it is proposed to be held, and it may

not be conducted without authorization of the department in writing.

2. The provisions of this section do not exempt any person from compliance with

applicable federal law or regulation, and do not require the securing of a state permit

pursuant to this section if a permit therefor has been obtained from an authorized

agency of the United States.
N.D. Cent. Code § 20.1-17-07 — ND Code / Title 20.1 / Chapter 20.1-17 / Section 20.1-17-07
20.1-17-07. Standard
Status: in_force

20.1-17-07. Standard

The director may issue a permit under this chapter only if the director determines that the

permitted activity does not pose an unreasonable risk of harm to natural resources or their use

in the state. The director may deny, issue with conditions, modify, or revoke a permit issued

under this chapter as necessary to ensure that the proposed activity will not pose an

unreasonable risk of harm to natural resources or their use in the state.
N.D. Cent. Code § 20.1-06-05 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-05
20.1-06-05. Removing undesirable fish
Status: in_force

20.1-06-05. Removing undesirable fish

The director, any person authorized by the director, or anyone contracting with the director,

may kill or take fish from waters of this state in any manner prescribed by the director when in

the director's judgment it is in the best interest of public fishing. All such fish must be disposed

of at the director's discretion. Money derived from the disposal must be deposited in the state

treasury and credited to the game and fish fund. All money received and expended must be

itemized, and written records thereof must be kept in the director's office. Any person desiring to

contract with the director to take such fish, as determined by the director, from the waters of this

state, by means of not more than five hoop-nets or traps, not more than five setlines of ten

hooks, or not more than one hundred feet [30.48 meters] of seine, must be awarded the

contract upon payment of the appropriate fee. These contracts may not specify the disposition

of the fish.
N.D. Cent. Code § 20.1-06-12 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-12
20.1-06-12. Regulations governing private fish hatcheries
Status: in_force

20.1-06-12. Regulations governing private fish hatcheries

Any person operating a private fish hatchery is not subject to fishing seasons, limits, legal

size restrictions, or other methods of taking fish as provided in any governor's proclamation. The

director may adopt rules governing the operation of private fish hatcheries. No license is

required of any person for taking fish by angling at a licensed private fish hatchery operated in

accordance with the rules of the director. The hatchery operator shall furnish to each person

taking fish a written certificate in the form the director prescribes, giving the number and

description of the fish taken and other information as the director requires, whereupon the fish

may be possessed, shipped, or transported within the state in like manner as fish taken by

residents under a license. The director shall issue an annual license to operate the hatchery

during a calendar year or a portion of a year upon application and payment of the appropriate

fee by the owner or operator. The license may be suspended for noncompliance with the

director's regulations.
N.D. Cent. Code § 20.1-13.1-01 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-01
20.1-13.1-01. Implied consent to determine alcohol concentration and presence of drugs
Status: in_force

20.1-13.1-01. Implied consent to determine alcohol concentration and presence of

drugs.

Any individual who operates a motorboat or vessel in this state is deemed to have given

consent, and shall consent, subject to this chapter, to a chemical test, or tests, of the blood,

breath, or urine for the purpose of determining the alcohol concentration or presence of other

drugs, or combination thereof, in the individual's blood, breath, or urine. As used in this chapter,

"operates" means to be in motion, en route, but not at anchor or aground; "vessel" means any

watercraft used or designed to be used for navigation on the water such as a boat operated by

machinery, either permanently or temporarily affixed, a sailboat other than a sailboard, an

inflatable manually propelled boat, a canoe, kayak, or rowboat, but does not include an inner

tube, air mattress, or other water toy; "drug" means any drug or substance or combination of

drugs or substances which renders an individual incapable of safely operating a motorboat or

vessel; and "chemical test" means any test or tests to determine the alcohol concentration or

presence of other drugs, or combination thereof, in the individual's blood, breath, or urine,

approved by the director of the state crime laboratory or the director's designee under this

chapter. The chemical test must be administered at the direction of a game warden or a law

enforcement officer only after placing the individual, except individuals mentioned in section

20.1-13.1-04, under arrest and informing that individual that the individual is or will be charged

with the offense of operating a motorboat or vessel while under the influence of intoxicating

liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking into custody

of a minor under section 27-20.4-05 satisfies the requirement of an arrest. The game warden or

law enforcement officer shall also inform the individual charged that refusal of the individual to

submit to the chemical test determined appropriate will result in that individual being prohibited

from operating a motorboat or vessel for up to three years. The game warden or law

enforcement officer shall determine the chemical test to be used. When a minor is taken into

custody for violating section 20.1-13-07, the game warden or law enforcement officer shall

diligently attempt to contact the minor's parent or legal guardian to explain the cause for the

custody and the implied consent chemical testing requirements. Neither the game warden or

law enforcement officer's efforts to contact, nor any consultation with, a parent or legal guardian

may be permitted to interfere with the administration of chemical testing requirements under this

chapter.
N.D. Cent. Code § 20.1-01-10 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-10
20.1-01-10. Hours for hunting game birds and protected animals - Penalty
Status: repealed

20.1-01-10. Hours for hunting game birds and protected animals - Penalty

Repealed by S.L. 1991, ch. 250, § 3.
N.D. Cent. Code § 20.1-16-05 — ND Code / Title 20.1 / Chapter 20.1-16 / Section 20.1-16-05
20.1-16-05. Hearing on suspension
Status: in_force

20.1-16-05. Hearing on suspension

1. Upon suspending the hunting, trapping, or fishing privileges of any person under

section 20.1-16-03 or 20.1-16-04, the department shall immediately notify the person

in writing. The person may, within twenty days of the notice, request a hearing before

the department on whether the requirements for suspension have been met.

2. Upon request, the department shall set a hearing as early as practicable.

3. a. The requesting person may present evidence and arguments at the hearing

contesting whether:

(1) A participating state suspended the person's privileges;

(2) There was a conviction in the participating state;

(3) The person failed to comply with the terms of a citation issued for a wildlife

violation in a participating state; or

(4) A conviction in a participating state could have led to the forfeiture of

privileges under North Dakota law.

b. Grounds other than those listed in subdivision a may not be used to contest the

department's decision to suspend the person's privileges.

4. At the hearing, the department, through its authorized agent, may:

a. Administer oaths;

b. Issue subpoenas for the attendance of witnesses; and

c. Admit all relevant evidence and documents, including notifications from

participating states.

5. Following the hearing, the department, through its authorized agent, may, based on

the evidence, affirm, modify, or rescind the suspension of privileges.
N.D. Cent. Code § 20.1-01-07 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-07
20.1-01-07. Hunting big game or small game other than waterfowl or cranes with motor-driven vehicles prohibited - Exception - Motor-driven vehicle use in transporting big game restricted
Status: in_force

20.1-01-07. Hunting big game or small game other than waterfowl or cranes with

motor-driven vehicles prohibited - Exception - Motor-driven vehicle use in transporting

big game restricted.

1. Except as provided in subsection 10 of section 20.1-02-05 and as otherwise provided

in this section, an individual, while hunting big game or small game, other than

waterfowl or cranes, may not use a motor-driven vehicle on any land other than an

established road or trail without the written permission of the landowner, unless that

individual has reduced a big game animal to possession and cannot easily retrieve the

big game animal, but after retrieval, the motor-driven vehicle must be returned to the

established road or trail along the same route it originally departed.

2. For purposes of safety and allowing normal travel, a motor-driven vehicle may be

parked on the roadside or directly adjacent to said road or trail.

3. No individual, while hunting big game or small game, statewide, may drive or attempt

to drive, run or attempt to run, molest or attempt to molest, flush or attempt to flush, or

harass or attempt to harass any such game with the use or aid of any motor-driven

vehicle.
N.D. Cent. Code § 20.1-03-12.3 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-12.3
20.1-03-12.3. Fishing, combination, and waterfowl license surcharge
Status: in_force

20.1-03-12.3. Fishing, combination, and waterfowl license surcharge

The director shall establish a surcharge of two dollars on each resident fishing license and

combination license except for the resident sixty-five years of age or older license, permanently

or totally disabled license, or a disabled veteran license as defined in subsection 6 of section
N.D. Cent. Code § 20.1-03-13 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-13
20.1-03-13. Stocking and propagation of upland game
Status: in_force

20.1-03-13. Stocking and propagation of upland game

The department shall allocate not less than fifty thousand dollars biennially, from moneys

collected under section 20.1-03-12, to the stocking and propagation of upland game.
N.D. Cent. Code § 20.1-01-05 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-05
20.1-01-05. Unauthorized methods of taking game birds and game animals
Status: in_force

20.1-01-05. Unauthorized methods of taking game birds and game animals

Except as otherwise provided in this title, no person, for the purpose of catching, taking,

killing, or raising any game birds or game animals may:

1. Set, lay, or prepare any trap, snare, artificial light, net, birdlime, swivel gun, or any

other device, except that the use of snares for taking coyotes is allowed under section

20.1-07-03.1;

2. Drag, in any manner, any wire, rope, or other contrivance; or

3. Use or cause to be used, except for transportation, any floating device or apparatus

operated by electricity, steam, or gasoline, or any other floating vessel.
N.D. Cent. Code § 20.1-15-03 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-03
20.1-15-03. Individuals qualified to administer chemical test and opportunity for additional test
Status: in_force

20.1-15-03. Individuals qualified to administer chemical test and opportunity for

additional test.

Only an individual medically qualified to draw blood, acting at the request of a game warden

or a law enforcement officer, may withdraw blood for the purpose of determining the alcohol

concentration or presence of other drugs, or combination thereof, in the individual's blood. The

director of the state crime laboratory or the director's designee shall determine the qualifications

or credentials for being medically qualified to draw blood and shall issue a list of approved

designations, including medical doctor and registered nurse. This limitation does not apply to

the taking of a breath or urine specimen. The director of the state crime laboratory, or the

director's designee, shall electronically post a copy of the certified list of approved designations,

including medical doctor and registered nurse, with the state crime laboratory division of the

attorney general at the attorney general website and shall make the certified records required by

this section available for download in a printable format on the attorney general website. The

individual tested may have an individual of that individual's own choosing, who is medically

qualified to draw blood, administer a chemical test in addition to any administered at the

direction of a game warden or a law enforcement officer with all costs of the additional chemical

test to be the responsibility of the individual charged. The failure or inability to obtain an

additional chemical test by an individual does not preclude the admission of the chemical test

taken at the direction of a game warden or a law enforcement officer. Upon the request of the

individual who is tested, a copy of the operational checklist and test record of a breath sample

test or analytical report of a blood or urine sample test taken at the direction of the game warden

or law enforcement officer must be made available to that individual by the department or law

enforcement agency that administered the chemical test.
N.D. Cent. Code § 20.1-15-08 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-08
20.1-15-08. Administrative hearing on request
Status: in_force

20.1-15-08. Administrative hearing on request

1. Before issuing an order of suspension, revocation, or denial under section 20.1-15-06

or 20.1-15-07, the director shall afford that person an opportunity for a hearing if the

person mails a request for the hearing to the director within ten days after the date the

game warden or law enforcement officer issued a statement of intent to revoke,

suspend, or deny hunting privileges and took possession of that person's hunting

license. The hearing must be held within twenty-five days after the date the game

warden or law enforcement officer issued a statement of intent to revoke, suspend, or

deny hunting privileges and took possession of that person's hunting license, but the

hearing officer may extend the hearing to within thirty-five days after the date the game

warden or law enforcement officer issued a statement of intent to revoke, suspend, or

deny hunting privileges and took possession of that person's hunting license if good

cause is shown.

2. If the issue to be determined by the hearing concerns suspension of hunting privileges

for being afield with a gun or other firearm or a bow and arrow while having an alcohol,

other drug, or a combination thereof concentration of at least ten one-hundredths of

one percent by weight, the hearing must be before a hearing officer assigned by the

director and at a time and place designated by the director. The hearing must be

recorded and its scope may cover only the issues of whether the arresting warden or

officer had reasonable grounds to believe the individual had been afield with a gun or

other firearm or bow and arrow in violation of section 20.1-01-06; whether the

individual was placed under arrest; whether the individual was tested in accordance

with section 20.1-15-01 or 20.1-15-04 and, if applicable, section 20.1-15-03; and

whether the chemical test results show the individual had an alcohol, other drug, or a

combination thereof concentration of at least ten one-hundredths of one percent by

weight. For purposes of this section, a copy of a certified copy of an analytical report of

a blood or urine sample from the director of the state crime laboratory or the director's

designee, or a certified copy of the checklist and test records from a certified breath

test operator establish prima facie the alcohol, other drug, or a combination thereof

concentration shown therein. Whether the individual was informed that the privilege to

hunt might be suspended based on the results of the chemical test is not an issue.

3. If the issue to be determined by the hearing concerns revocation of hunting privileges

for refusing to submit to a chemical test under section 20.1-15-01 or 20.1-15-15, the

hearing must be before a hearing officer assigned by the director at a time and place

designated by the director. The hearing must be recorded. The scope of a hearing for

refusing to submit to a chemical test under section 20.1-15-01 may cover only the

issues of whether a game warden or law enforcement officer had reasonable grounds

to believe the person had been afield with a gun or other firearm or a bow and arrow in

violation of section 20.1-01-06; whether the person was placed under arrest; and

whether that person refused to submit to the chemical test. The scope of a hearing for

refusing to submit to a chemical test under section 20.1-15-15 may cover only the

issues of whether the game warden or law enforcement officer had reason to believe

and had, through the officer's observations, formulated an opinion that the person's

body contains alcohol, other drugs, or a combination thereof and whether the person

refused to submit to the onsite screening test. Whether the person was informed that

the privilege to hunt would be revoked or denied for refusal to submit to the test is not

an issue.

4. At a hearing under this section, the regularly kept records of the director and the state

crime laboratory may be introduced. Those records establish prima facie their contents

without further foundation. For purposes of this chapter, the following are deemed

regularly kept records of the director and the state crime laboratory:

a. Any copy of a certified copy of an analytical report of a blood or urine sample

received by the director from the director of the state crime laboratory or the

director's designee or a game warden or a law enforcement officer or a certified

copy of the checklist and test records received by the director from a certified

breath test operator; and

b. Any copy of a certified copy of a certificate of the director of the state crime

laboratory or the director's designee relating to approved methods, devices,

operators, materials, and checklists used for testing for alcohol concentration or

the presence of other drugs, or a combination thereof, received by the director

from the director of the state crime laboratory or the director's designee that have

been electronically posted with the state crime laboratory division of the attorney

general at the attorney general website.

5. At the close of the hearing, the hearing officer shall notify the person of the hearing

officer's findings of fact, conclusions of law, and decision based on the findings and

conclusions and shall immediately deliver to the person a copy of the decision. If the

hearing officer does not find in favor of the person, the copy of the decision serves as

the director's official notification to the person of the revocation, suspension, or denial

of hunting privileges in this state. The hearing officer shall report the findings,

conclusions, and decisions to the director within ten days of the conclusion of the

hearing. If the hearing officer has determined in favor of the person, the director shall

return the person's hunting license.

6. If the person who requested a hearing under this section fails to appear at the hearing

without justification, the right to the hearing is waived, and the hearing officer's

determination on the revocation, suspension, or denial of hunting privileges will be

based on the written request for hearing, game warden's or law enforcement officer's

report, and other evidence as may be available. The hearing officer shall, on the date

for which the hearing is scheduled, mail to the person, by regular mail, at the address

on file with the director, or at any other address for the person or the person's legal

representative supplied in the request for hearing, a copy of the decision which serves

as the director's official notification to the person of the revocation, suspension, or

denial of hunting privileges in this state. Even if the person for whom the hearing is

scheduled fails to appear at the hearing, the hearing is deemed to have been held on

the date for which it is scheduled for purposes of appeal under section 20.1-15-09.
N.D. Cent. Code § 20.1-13-07.1 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-07.1
20.1-13-07.1. Regulation of noise from boats - Penalty
Status: in_force

20.1-13-07.1. Regulation of noise from boats - Penalty

1. A boat operated on the waters of this state between the hours of twelve midnight and

five a.m. may not produce a noise in excess of eighty-eight decibels for more than ten

minutes.

2. For purposes of subsection 1, the decibel level of a boat must be measured from the

shoreline closest to the location from which a complainant or other individual noticed

the noise.

3. A boat operator who violates this section is guilty of a class 1 noncriminal offense.

4. A boat operator cited for a violation of this section may not operate the boat that

produced the noise in violation of this section until a muffler is installed.
N.D. Cent. Code § 20.1-02-17 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-17
20.1-02-17. Conditional assent to federal aid projects - Proceeds from license fees and application to be used for administration of department
Status: in_force

20.1-02-17. Conditional assent to federal aid projects - Proceeds from license fees

and application to be used for administration of department.

North Dakota assents to the Act of Congress entitled "An Act to provide that the United

States shall aid the states in wildlife restoration projects and for other purposes" [Pub. L.

75-415; 50 Stat. 917; 16 U.S.C. 669 et seq.], and the Act of Congress entitled "An Act to provide

that the United States shall aid the states in fish restoration and management projects, and for

other purposes" [Pub. L. 81-681; 64 Stat. 430; 16 U.S.C. 777 et seq.] subject to the conditions

of section 20.1-02-17.1. The director may conduct and establish cooperative wildlife and fish

restoration projects as defined in these Acts, in compliance with the Acts and with rules adopted

by the federal agency administering these Acts.

Hunting and fishing license fees and application fees assessed under section 20.1-03-12.2

may only be used for departmental programs and administration.