N.D. Cent. Code § 20.1-13.1-07 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-07
20.1-13.1-07. Administrative sanction for operating motorboat or vessel while having certain drug concentrations
Status: in_force

20.1-13.1-07. Administrative sanction for operating motorboat or vessel while having

certain drug concentrations.

1. After the receipt of the certified report of a game warden or a law enforcement officer

and if no written request for hearing has been received from the arrested person under

section 20.1-13.1-08, or if that hearing is requested and the findings, conclusion, and

decision from the hearing confirm that the game warden or law enforcement officer

had probable cause to arrest the person and chemical test results show that the

arrested person was 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 at the time of the performance of a test within two hours after

operating a motorboat or vessel, the director shall prohibit the person from operating

any motorboat or vessel in this state as follows:

a. For ninety-one days if the person's record shows that, within the five years

preceding the date of the arrest, the person has not previously violated section

20.1-13-07 or the person has not been prohibited from operating a motorboat or

vessel under this chapter.

b. For three hundred sixty-four days if the person's record shows that, within the five

years preceding the date of the arrest, the person has once previously violated

section 20.1-13-07 or the person has once been prohibited from operating a

motorboat or vessel under this chapter.

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

date of the arrest, 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, or

any combination thereof, and the prohibitions resulted from at least two separate

arrests.

2. A person who is prohibited from operating a motorboat or a vessel under subdivision a

of subsection 1 shall serve the prohibition within the time period between May first and

October first. If the person is unable to serve the full prohibition within this time period

in a single year, the person shall serve the remaining portion of the prohibition during

the same time period in subsequent years.
N.D. Cent. Code § 20.1-16-03 — ND Code / Title 20.1 / Chapter 20.1-16 / Section 20.1-16-03
20.1-16-03. Reciprocal recognition of license suspensions - Suspension of privileges for conviction in participating state - Penalty
Status: in_force

20.1-16-03. Reciprocal recognition of license suspensions - Suspension of privileges

for conviction in participating state - Penalty.

1. When the department receives notice of the suspension of a person's hunting,

trapping, or fishing privileges by a participating state, the department shall determine

whether the violation leading to the suspension could have led to the forfeiture of

privileges under this state's law. If the department determines that the person's

privileges could have been forfeited, the department may suspend the person's

privileges to hunt, trap, or fish in this state for the same period as imposed by the

participating state not to exceed the maximum limits allowed by state law.

2. When the department receives notice of a conviction of a state resident from the

licensing authority of the issuing state, the department may treat the conviction as if it

had occurred in this state and shall determine whether the conviction could have led to

the forfeiture of the resident's hunting, trapping, or fishing privileges under state law. If

the department determines that the resident's privileges could have been forfeited, the

department may suspend the resident's privileges to hunt, trap, or fish in this state for

the same period as the issuing state, not to exceed the limit that could have been

imposed under state law.

3. Notice of the suspension must be sent to the person, who must surrender any current

North Dakota hunting, trapping, or fishing licenses to the department within ten days.

4. A person whose privileges have been suspended and who hunts, traps, or fishes in

this state, who applies for or purchases any licenses or permits to hunt, trap, or fish in

this state, or who refuses to surrender any current hunting, trapping, or fishing licenses

as required is guilty of a class A misdemeanor.
N.D. Cent. Code § 20.1-13-02.1 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-02.1
20.1-13-02.1. Operation of motorboat without payment of aquatic nuisance species fee prohibited - Penalty
Status: in_force

20.1-13-02.1. Operation of motorboat without payment of aquatic nuisance species

fee prohibited - Penalty.

1. For each motorboat operated on waters of this state, an aquatic nuisance species fee

must be paid.

a. For each motorboat licensed in this state, the fee is due at the time of motorboat

licensure.

b. For each motorboat operated on waters of this state and exempt from licensure in

this state, the owner shall pay the fee and, after payment of the fee, must be

issued an aquatic nuisance species sticker from the department. The sticker must

be attached to the motorboat in a manner prescribed by the department so the

sticker is clearly visible.

2. Fees collected under this section must be deposited with the state treasurer and

credited to the aquatic nuisance species program fund.

3. A person that violates this section is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-17-08 — ND Code / Title 20.1 / Chapter 20.1-17 / Section 20.1-17-08
20.1-17-08. Seizure
Status: in_force

20.1-17-08. Seizure

The director may seize or dispose of any specimens of prohibited aquatic nuisance species

unlawfully possessed, imported, purchased, sold, propagated, transported, or introduced in this

state.
N.D. Cent. Code § 20.1-02-20 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-20
20.1-02-20. Time of hearing - Notice of hearing and of determination
Status: repealed

20.1-02-20. Time of hearing - Notice of hearing and of determination

Repealed by S.L. 1991, ch. 236, § 1.
N.D. Cent. Code § 20.1-06-07 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-07
20.1-06-07. Fishhouses - Removal - Penalty
Status: in_force

20.1-06-07. Fishhouses - Removal - Penalty

1. A person may erect, have, or maintain on the ice in any waters of this state a

fishhouse, used or to be used while ice fishing, or a dark house, used or to be used for

spearfishing. Fishhouse and dark house owners are subject to the rules the director

may adopt governing the construction, maintenance, and use of these units. The

outside of each unoccupied unit must have inscribed on it, in readily distinguishable

characters at least three inches [7.62 centimeters] high, the registration number issued

by the department for the fishhouse, or the owner's name and address or telephone

number. An unoccupied fishhouse or dark house left on the ice without a registration

number, or an owner's name and address or telephone number may be removed or

destroyed by the department. The department may not issue a fishhouse registration

number, unless the division of the state emergency communications center has

integrated game and fish department license information into the national law

enforcement telecommunications system. Any person who violates this subsection is

guilty of a class 2 noncriminal offense.

2. Each unit must be removed from the ice by that date established by the governor's

proclamation. Failure to remove a unit is deemed an abandonment and the director

may remove or destroy abandoned units.
N.D. Cent. Code § 20.1-03-31 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-31
20.1-03-31. Using or claiming as one's own the license or permit of another person unlawful
Status: in_force

20.1-03-31. Using or claiming as one's own the license or permit of another person

unlawful.

No person may use the license or permit of another person or attempt to deceive the

director, the deputy director, any game warden, or any police officer by claiming that license as

that person's own.
N.D. Cent. Code § 20.1-02-16.2 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.2
20.1-02-16.2. Nongame wildlife fund established - Uses - Appropriation
Status: in_force

20.1-02-16.2. Nongame wildlife fund established - Uses - Appropriation

There is hereby established in the state treasury a special fund known as the nongame

wildlife fund. The fund may be expended subject to appropriation by the legislative assembly to

the game and fish department and must be used only for the purposes of preservation,

inventory, perpetuation, and conservation of nongame wildlife, natural areas, and nature

preserves in this state. The game and fish department shall allocate a portion of the fund to

other state agencies for the purpose stated in this section, and with approval of the director. For

the purpose of this section, "nongame wildlife" means all species of native animals not

commonly taken for sport or commercial purposes and does not include animals determined by

the game and fish department to be harmful animals. "Natural areas" and "nature preserves"

mean areas as defined in section 55-11-02.
N.D. Cent. Code § 20.1-15-15 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-15
20.1-15-15. Screening tests
Status: in_force

20.1-15-15. Screening tests

Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to

have given consent to submit to an onsite screening test of the individual's breath for the

purpose of estimating the alcohol concentration in the individual's breath upon the request of a

game warden or a law enforcement officer who has reason to believe and has, through the

officer's observations, formulated an opinion that the individual's body contains alcohol. An

individual may not be required to submit to a screening test of breath while at a hospital as a

patient if the medical practitioner in immediate charge of the individual's case is not first notified

of the proposal to make the requirement or objects to the test on the ground that such would be

prejudicial to the proper care or treatment of the patient. The screening test must be performed

by a game warden or an enforcement officer certified as a chemical test operator by the director

of the state crime laboratory or the director's designee and according to methods and with

devices approved by the director of the state crime laboratory or the director's designee. The

results of the screening test must be used only for determining whether a further test is to be

given under the provisions of section 20.1-15-01. The officer shall inform the individual that

refusal of the individual to submit to a screening test will result in a revocation for up to four

years of that individual's hunting privileges. If the individual refuses to submit to the screening

test, none may be given, but the refusal is sufficient cause to revoke the individual's hunting

privileges in the same manner as provided in section 20.1-15-06, and a hearing as provided in

section 20.1-15-08 and a judicial review as provided in section 20.1-15-09 must be available.

However, the director may not revoke an individual's hunting privileges for refusing to submit to

a screening test requested under this section if the individual provides a sufficient breath, blood,

or urine sample for a chemical test requested under section 20.1-15-01 for the same incident.

This section does not supersede any provisions of sections 20.1-15-01 through 20.1-15-14, nor

does any provision of sections 20.1-15-01 through 20.1-15-14 supersede this section except as

provided herein. For the purposes of this section, "chemical test operator" means an individual

certified by the director of the state crime laboratory or the director's designee as qualified to

perform analysis for alcohol, other drugs, or a combination thereof in an individual's blood,

breath, or urine.
N.D. Cent. Code § 20.1-02-16.1 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.1
20.1-02-16.1. Game and fish fund - Use - Required balance - Budget section approval
Status: in_force

20.1-02-16.1. Game and fish fund - Use - Required balance - Budget section approval

All income of the state game and fish department deposited by the director with the state

treasurer must be credited to the state game and fish fund and the fund may be used only by

the department. All money derived from the investment of the fund, special accounts, or portions

of the fund may be credited to the game and fish department private land habitat and access

improvement fund. The department shall spend moneys in the game and fish fund within the

limits of legislative appropriations, only to the extent the balance of the fund is not reduced

below fifteen million dollars, unless otherwise authorized by the legislative assembly or the

budget section if the legislative assembly is not in session. Any request considered by the

budget section must comply with section 54-35-02.9. Investment of up to fifteen million dollars of

the balance of the game and fish fund may be made under the supervision of the state

investment board and the moneys must be invested by the investing authority according to the

laws relating to state investments. The department shall notify the state investment board of the

amount available for investment.
N.D. Cent. Code § 20.1-11-05 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-05
20.1-11-05. Establishment of state game or fish management areas
Status: in_force

20.1-11-05. Establishment of state game or fish management areas

The director may establish game or fish management areas upon any state-owned lands for

the use and benefit of the game and fish department with the written consent of the entity

responsible for the management of any state-owned lands, or upon any publicly or privately

owned land leased or given by license to the game and fish department for hunting and fishing

purposes. These game or fish management areas may be opened for hunting, fishing, or

trapping under chapter 20.1-08. The director may adopt rules concerning the use of game or

fish management areas pursuant to chapter 28-32.
N.D. Cent. Code § 20.1-02-14.1 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-14.1
20.1-02-14.1. Uniform complaint and summons - Promise to appear - Penalty
Status: in_force

20.1-02-14.1. Uniform complaint and summons - Promise to appear - Penalty

1. There is established a uniform complaint and summons that may be used in cases

involving violations of this title or other violations of a state law which occur on property

that the department owns, leases, or manages or on sovereign lands as defined by

section 61-33-01. Whenever the complaint and summons established by this section is

used, the provisions of the North Dakota Rules of Criminal Procedure apply. The

uniform complaint and summons must be of a form prescribed by the director and

approved by the attorney general.

2. The time of court appearance to be specified in the summons must be at least five

days after the issuance of the summons unless the defendant demands an earlier

hearing.

3. Upon receipt from the defendant of written promise to appear at the time and place

specified in the summons, the defendant must be released from custody. After signing

a promise to appear, the defendant must be given a copy of the uniform complaint and

summons. Any person refusing to give a written promise to appear may be arrested if

proper cause exists, or proceeded against by complaint and warrant of arrest as

provided in the North Dakota Rules of Criminal Procedure.

If an individual fails to appear in court after promising to do so, the court may issue an arrest

warrant and in addition to other conditions shall order the department to suspend the individual's

hunting, fishing, and trapping privileges until after the final disposition of the case.
N.D. Cent. Code § 20.1-13-04 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-04
20.1-13-04. Rules - Licensing watercraft for hire - Annual inspection - Penalty
Status: repealed

20.1-13-04. Rules - Licensing watercraft for hire - Annual inspection - Penalty

Repealed by S.L. 2017, ch. 174, § 2.
N.D. Cent. Code § 20.1-08-04.14 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.14
20.1-08-04.14. Governor's proclamation concerning the hunting of elk - Annie's house at Bottineau winter park raffle
Status: in_force

20.1-08-04.14. Governor's proclamation concerning the hunting of elk - Annie's house

at Bottineau winter park raffle.

Expired by S.L. 2015, ch. 51, § 6.
N.D. Cent. Code § 20.1-16-01 — ND Code / Title 20.1 / Chapter 20.1-16 / Section 20.1-16-01
20.1-16-01. Interstate wildlife violator compact
Status: in_force

20.1-16-01. Interstate wildlife violator compact

The interstate wildlife violator compact is entered with all states legally joining the compact,

in the form substantially as follows:

ARTICLE I - FINDINGS, DECLARATION OF POLICY, AND PURPOSE

1. The participating states find that the following provisions apply:

a. Wildlife resources are managed in trust by the respective states for the benefit of

all residents and visitors.

b. The protection of the wildlife resources of a state is materially affected by the

degree of compliance with state statutes, laws, ordinances, regulations, and

administrative rules relating to the management of such resources.

c. The preservation, protection, management, and restoration of wildlife contributes

immeasurably to the aesthetic, recreational, and economic aspects of such

natural resources.

d. Wildlife resources are valuable without regard to political boundaries; therefore,

every person should be required to comply with wildlife preservation, protection,

management and restoration laws, ordinances, regulations, and administrative

rules of the participating states as a condition precedent to the continuance or

issuance of any license to hunt, fish, trap, or possess wildlife.

e. Violation of wildlife laws interferes with the management of wildlife resources and

may endanger the safety of persons and property.

f. The mobility of many wildlife law violators necessitates the maintenance of

channels of communication among the various states.

g. In most instances, a person who is cited for a wildlife violation in a state other

than that person's own state:

(1) Is required to post collateral or a bond to secure appearance for a trial at a

later date;

(2) Is taken into custody until the collateral or bond is posted; or

(3) Is taken directly to court for an immediate appearance.

h. The purpose of the enforcement practices set forth in subdivision g is to ensure

compliance with the terms of a wildlife citation by the cited person who, if

permitted to proceed after receiving the citation, could return to the person's

home state and disregard the person's duty under the terms of the citation.

i. In most instances, a person receiving a wildlife citation in that person's home

state is permitted to accept the citation from the officer at the scene of the

violation and immediately proceed after agreeing or being instructed to comply

with the terms of the citation.

j. The practices described in subdivision g cause unnecessary inconvenience and,

at times, a hardship for the person who is unable at the time to post collateral,

furnish a bond, stand trial, or pay a fine and is thus compelled to remain in

custody until some alternative arrangement is made.

k. The enforcement practices described in subdivision g consume an undue amount

of law enforcement time.

2. It is the policy of the participating states to:

a. Promote compliance with the statutes, laws, ordinances, regulations, and

administrative rules relating to management of wildlife resources in their

respective states;

b. Recognize the suspension of wildlife license privileges of any person whose

license privileges have been suspended by a participating state and may treat

such suspension as if it had occurred in their state;

c. Allow a violator, except as provided in subsection 2 of article 3, to accept a

wildlife citation and proceed without delay, whether or not a resident of the state

in which the citation was issued, provided that the violator's home state is party to

this compact;

d. Report to the appropriate participating state, as provided in the compact manual,

any conviction recorded against any person whose home state was not the

issuing state;

e. Allow the home state to recognize and treat convictions recorded against its

residents, which convictions occurred in a participating state, as though they

occurred in the home state;

f. Extend cooperation to its fullest extent among the participating states for

enforcing compliance with the terms of a wildlife citation issued in one

participating state to a resident of another participating state;

g. Maximize effective use of law enforcement personnel and information; and

h. Assist court systems in the efficient disposition of wildlife violations.

3. The purpose of this compact is to:

a. Provide a means through which participating states may join in a reciprocal

program to effectuate the policies enumerated in subsection 2 in a uniform and

orderly manner; and

b. Provide for the fair and impartial treatment of wildlife violators operating within

participating states in recognition of the violator's right to due process and the

sovereign status of a participating state.

ARTICLE II - DEFINITIONS

As used in this compact and sections 20.1-16-02 through 20.1-16-05, unless the context

requires otherwise, the following definitions apply:

1. "Citation" means any summons, complaint, summons and complaint, ticket, penalty

assessment, or other official document that is issued to a person by a wildlife officer or

other peace officer for a wildlife violation and that contains an order requiring the

person to respond.

2. "Collateral" means any cash or other security deposited to secure an appearance for

trial in connection with the issuance by a wildlife officer or other peace officer of a

citation for a wildlife violation.

3. "Compliance" with respect to a citation means the act of answering a citation through

an appearance in a court or tribunal, or through the payment of fines, costs, and

surcharges, if any.

4. "Conviction" means a conviction, including any court conviction, for any offense that is

related to the preservation, protection, management, or restoration of wildlife and that

is prohibited by state statute, law, regulation, ordinance, or administrative rule. The

term also includes the forfeiture of any bail, bond, or other security deposited to secure

appearance by a person charged with having committed any such offense, the

payment of a penalty assessment, a plea of nolo contendere, and the imposition of a

deferred or suspended sentence by the court.

5. "Court" means a court of law, including magistrate's court and the justice of the peace

court.

6. "Home state" means the state of primary residence of a person.

7. "Issuing state" means the participating state which issues a wildlife citation to the

violator.

8. "License" means any license, permit, or other public document that conveys to the

person to whom it was issued the privilege of pursuing, possessing, or taking any

wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a

participating state.

9. "Licensing authority" means the department or division within each participating state

that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or

possess wildlife.

10. "Participating state" means any state that enacts legislation to become a member of

this wildlife compact.

11. "Personal recognizance" means an agreement by a person made at the time of

issuance of the wildlife citation that such person will comply with the terms of the

citation.

12. "State" means any state, territory, or possession of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and other

countries.

13. "Suspension" means any revocation, denial, or withdrawal of any or all license

privileges, including the privilege to apply for, purchase, or exercise the benefits

conferred by any license.

14. "Terms of the citation" means those conditions and options expressly stated in the

citation.

15. "Wildlife" means all species of animals including mammals, birds, fish, reptiles,

amphibians, mollusks, and crustaceans, which are defined as "wildlife" and are

protected or otherwise regulated by statute, law, regulation, ordinance, or

administrative rule in a participating state. Species included in the definition of "wildlife"

for purposes of this compact are based on state or local law.

16. "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule

developed and enacted for the management of wildlife resources and the uses thereof.

17. "Wildlife officer" means any individual authorized by a participating state to issue a

citation for a wildlife violation.

18. "Wildlife violation" means any cited violation of a statute, law, regulation, ordinance, or

administrative rule developed and enacted for the management of wildlife resources

and the uses thereof.

ARTICLE III - PROCEDURES FOR ISSUING STATE

1. When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to

any person whose primary residence is in a participating state in the same manner as

though the person were a resident of the issuing state and may not require such

person to post collateral to secure appearance, subject to the exceptions noted in

subsection 2, if the officer receives the recognizance of such person that the person

will comply with the terms of the citation.

2. Personal recognizance is acceptable:

a. If not prohibited by state or local law or the compact manual; and

b. If the violator provides adequate proof of identification to the wildlife officer.

3. Upon conviction or failure of a person to comply with the terms of a wildlife citation, the

appropriate official shall report the conviction or failure to comply to the licensing

authority of the participating state in which the wildlife citation was issued. The report

must be made in accordance with procedures specified by the issuing state and must

contain information as specified in the compact manual as minimum requirements for

effective processing by the home state.

4. Upon receipt of the report of conviction or noncompliance pursuant to subsection 3,

the licensing authority of the issuing state shall transmit to the licensing authority of the

home state of the violator the information in form and content as prescribed in the

compact manual.

ARTICLE IV - PROCEDURE FOR HOME STATE

1. Upon receipt of a report from the licensing authority of the issuing state reporting the

failure of a violator to comply with the terms of a citation, the licensing authority of the

home state shall notify the violator and may initiate a suspension action in accordance

with the home state's suspension procedures and may suspend the violator's license

privileges until satisfactory evidence of compliance with the terms of the wildlife

citation has been furnished by the issuing state to the home state licensing authority.

Due process safeguards will be accorded.

2. Upon receipt of a report of conviction from the licensing authority of the issuing state,

the licensing authority of the home state may enter such conviction in its records and

may treat such conviction as though it occurred in the home state for the purposes of

the suspension of license privileges if the violation resulting in a suspension could

have been the basis for suspension of license privileges in the home state.

3. The licensing authority of the home state shall maintain a record of actions taken and

shall make reports to issuing states as provided in the compact manual.

ARTICLE V - RECIPROCAL RECOGNITION OF SUSPENSION

1. All participating states may recognize the suspension of license privileges of any

person by any participating state as though the violation resulting in the suspension

had occurred in their state and could have been the basis for suspension of license

privileges in their state.

2. Each participating state shall communicate suspension information to other

participating states in form and content as contained in the compact manual.

ARTICLE VI - APPLICABILITY OF OTHER LAWS

Except as expressly required by this compact, nothing herein may be construed to affect the

right of any participating state to apply any of its laws relating to license privileges to any person

or circumstance or to invalidate or prevent any agreement or other cooperative arrangement

between a participating state and a nonparticipating state concerning wildlife law enforcement.

ARTICLE VII - COMPACT ADMINISTRATOR - PROCEDURES

1. For the purposes of administering this compact and to serve as a governing body for

the resolution of all matters relating to the operation of this compact, a board of

compact administrators is established. The board is composed of one representative

from each of the participating states to be known as the compact administrator. The

compact administrator must be appointed by the head of the licensing authority of

each participating state and serves and is subject to removal in accordance with the

laws of the state the compact administrator represents. A compact administrator may

provide for the discharge of duties and the performance of functions as a board

member by an alternate. An alternate is not entitled to serve unless written notification

of the identity of the alternate has been given to the board.

2. Each member of the board of compact administrators is entitled to one vote. No action

of the board is binding unless taken at a meeting at which a majority of the total

number of the board's votes are cast in favor thereof. Action by the board may be only

at a meeting at which a majority of the participating states is represented.

3. The board shall elect annually from its membership a presiding officer and a vice

presiding officer.

4. The board shall adopt bylaws not inconsistent with the provisions of this compact or

the laws of a participating state for the conduct of its business and may amend and

rescind its bylaws.

5. The board may accept for any of its purposes and functions under this compact any

and all donations and grants of money, equipment, supplies, materials, and services,

conditional or otherwise, from any state, the United States, or any governmental

agency, and receive, utilize, and dispose of the same.

6. The board may contract with, or accept services or personnel from, any governmental

or intergovernmental agency, individual, firm, or corporation, or any private nonprofit

organization or institution.

7. The board shall formulate all necessary procedures and develop uniform forms and

documents for administering the provisions of this compact. All procedures and forms

adopted pursuant to board action must be contained in a compact manual.

ARTICLE VIII - ENTRY INTO COMPACT AND WITHDRAWAL

1. This compact becomes effective at such time as it is adopted in a substantially similar

form by two or more states.

2. a. Entry into the compact must be made by resolution of ratification executed by the

authorized officials of the applying state and submitted to the presiding officer of

the board.

b. The resolution must substantially be in the form and content as provided in the

compact manual and must include the following:

(1) A citation of the authority from which the state is empowered to become a

party to this compact;

(2) An agreement of compliance with the terms and provisions of this compact;

and

(3) An agreement that compact entry is with all states participating in the

compact and with all additional states legally becoming a party to the

compact.

c. The effective date of entry must be specified by the applying state but may not be

less than sixty days after notice has been given:

(1) By the presiding officer of the board of the compact administrators; or

(2) By the secretariat of the board to each participating state that the resolution

from the applying state has been received.

3. A participating state may withdraw from participation in this compact by official written

notice to each participating state, but withdrawal does not become effective until ninety

days after the notice of withdrawal is given. The notice must be directed to the

compact administrator of each member state. Withdrawal of any state does not affect

the validity of this compact as to the remaining participating states.

ARTICLE IX - AMENDMENTS TO THE COMPACT

1. This compact may be amended from time to time. Amendments must be presented in

resolution form to the presiding officer of the board of the compact administrators and

must be initiated by one or more participating states.

2. Adoption of an amendment requires endorsement by all participating states and

becomes effective thirty days after the date of the last endorsement.

3. Failure of a participating state to respond to the compact presiding officer within one

hundred twenty days after receipt of a proposed amendment constitutes endorsement

thereof.

ARTICLE X - CONSTRUCTION AND SEVERABILITY

This compact must be liberally construed so as to effectuate the purposes stated herein.

The provisions of this compact are severable, and if any phrase, clause, sentence, or provision

of this compact is declared to be contrary to the constitution of any participating state or the

United States, or the applicability thereof to any government, agency, individual, or

circumstance is held invalid, the validity of the remainder of the compact is not affected thereby.

If this compact is held contrary to the constitution of any participating state, the compact

remains in full force and effect as to the remaining states and in full force and effect as to the

participating state affected as to all severable matters.
N.D. Cent. Code § 20.1-06-09 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-09
20.1-06-09. Deposit of refuse in fishing waters
Status: in_force

20.1-06-09. Deposit of refuse in fishing waters

No person, except as provided in section 20.1-06-05, may deposit any refuse or other

matter which may prove harmful to fish or fish eggs, in waters wherein the state or federal

government has deposited, or may deposit, fish, fish eggs, or fry, or in which fish naturally

abound, except as municipalities are authorized to dispose of sewage.
N.D. Cent. Code § 20.1-02-18.5 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-18.5
20.1-02-18.5. Wetlands mediation advisory board - Meetings - Staff - Compensation and expenses
Status: repealed

20.1-02-18.5. Wetlands mediation advisory board - Meetings - Staff - Compensation

and expenses.

Repealed by S.L. 1997, ch. 211, § 1.
N.D. Cent. Code § 20.1-03-30 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-30
20.1-03-30. Application for license issued by lottery - Forfeiture of fee if not eligible to apply
Status: in_force

20.1-03-30. Application for license issued by lottery - Forfeiture of fee if not eligible to

apply.

The fee remitted by any person who applies for a license issued by lottery, when by any law

or proclamation that person is ineligible to apply because of any waiting period, is forfeited. The

director shall notify the applicant that the applicant is ineligible for this reason and the fee has

been forfeited. The fees received by the department pursuant to this section must be deposited

in the state game and fish fund.
N.D. Cent. Code § 20.1-13-03 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-03
20.1-13-03. Identification number and license - Penalty
Status: in_force

20.1-13-03. Identification number and license - Penalty

1. The owner of each motorboat shall file an application for number and license with the

department on forms approved by it. The application must be signed by the owner of

the motorboat and must be accompanied by the appropriate fee. Upon receipt of the

application in approved form, the department shall enter the same upon the records of

its office and issue the applicant a certificate of number and license stating the number

awarded to the motorboat and the name and address of the owner. When an

identification number has previously been issued by the department, the same

application procedure and fee apply for the issuance of a current license. The

department shall pay all funds collected hereunder to the state treasurer who shall

credit such funds to the state game and fish fund to pay for the costs of administering

this chapter. The owner shall attach to each side of the bow of the motorboat the

identification number and current license of such type and in such manner as may be

prescribed by rules of the department in order that they may be clearly visible. The

number and license must be maintained in legible condition. The certificate of number

must be available at all times for inspection on the motorboat for which issued,

whenever such motorboat is in operation.

2. The owner of any motorboat already covered by a number in full force and effect which

has been awarded to it pursuant to then operative federal law or a federally approved

numbering system of another state may operate the motorboat on the waters of this

state for the ninety-day reciprocity period provided for in section 20.1-13-06. After the

ninety-day reciprocity period has expired, such motorboats are subject to the

numbering and licensing provisions of subsection 1.

3. Should the ownership of a motorboat change, a new application form, with the license

fee prorated on a yearly basis, must be filed with the department and a new certificate

of number and license must be awarded in the same manner as provided for in an

original award of number and license.

4. In the event that an agency of the United States government has in force an overall

system of identification numbering for motorboats within the United States, the

numbering system employed pursuant to this chapter by the department must be in

conformity therewith.

5. The department may award any certificate of number or license directly or may

authorize any person to act as agent for the awarding thereof. In the event that a

person accepts such authorization, that person may be assigned a block of numbers,

certificates, and licenses which upon award, in conformity with this chapter and with

any rules of the department, are valid as if awarded directly by the department.

6. All records of the department made or kept pursuant to this section are public records.

7. Every certificate of number and license awarded pursuant to this chapter continues in

full force and effect for a period of three years unless sooner terminated or

discontinued in accordance with this chapter. Certificates of number and licenses may

be renewed by the owner in the same manner provided for in the initial securing of the

same.

8. The department shall fix a day and month on which certificates of number and licenses

due to expire during the calendar year lapse and are no longer of any force and effect

unless renewed pursuant to this chapter.

9. The owner shall furnish the department notice of the transfer of all or any part of the

owner's interest other than the creation of a security interest in a motorboat numbered

and licensed in this state pursuant to subsections 1 and 2, of the theft or recovery of

such motorboat, or of the destruction or abandonment of such motorboat, within fifteen

days thereof. Such transfer, destruction, or abandonment terminates the certificate of

number and license for such motorboat except that, in the case of a transfer of a part

interest which does not affect the owner's right to operate such motorboat, such

transfer does not terminate the certificate of number and license.

10. Any holder of a certificate of number and license shall notify the department within

fifteen days if the holder's address no longer conforms to the address appearing on the

certificate and shall, as a part of such notification, furnish the department with the

holder's new address. The department may provide in its rules for the surrender of the

certificate bearing the former address and its replacement with a certificate bearing the

new address or for the alteration of an outstanding certificate to show the new address

of the holder.

11. No number other than the number and license awarded to a motorboat or granted

reciprocity pursuant to this chapter may be painted, attached, or otherwise displayed

on either side of the bow of such motorboat.

12. The certificate of number for vessels less than twenty-six feet [7.92 meters] in length

and leased or rented to another for the latter's noncommercial use of less than

twenty-four hours may be retained on shore by the vessel's owner or owner's

representative at the place from which the vessel departs or returns to the possession

of the owner or owner's representative. A vessel which does not have the certificate of

number on board must be identified while in use and comply with such other

requirements as the department prescribes.

13. Any person who violates this section is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-10-03 — ND Code / Title 20.1 / Chapter 20.1-10 / Section 20.1-10-03
20.1-10-03. Confiscated property - Courts having jurisdiction - Requisites for disposition
Status: in_force

20.1-10-03. Confiscated property - Courts having jurisdiction - Requisites for

disposition.

A court having jurisdiction of an alleged offense against this title may order the disposition of

all birds, animals, or fish, or any part thereof, or other property that has been confiscated. This

order may be entered only after a hearing duly had upon proper notice to the owner and after

due and proper finding by the court that the property:

1. Was taken, killed, possessed, or being transported contrary to law by the person from

whom it was seized.

2. Was being used in violation of this title at the time it was seized.

3. Had been used in violation of this title within six months previous to the time it was

seized.
N.D. Cent. Code § 20.1-08-04.4 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.4
20.1-08-04.4. Governor's proclamation concerning underwater spearfishing
Status: in_force

20.1-08-04.4. Governor's proclamation concerning underwater spearfishing

The governor shall by proclamation provide for a season for resident underwater

spearfishing for game fish in this state in a manner as the governor shall prescribe.
N.D. Cent. Code § 20.1-11-03 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-03
20.1-11-03. Game refuges on lakes for migratory game birds - How established
Status: in_force

20.1-11-03. Game refuges on lakes for migratory game birds - How established

The owner or owners, lessee or lessees, of land surrounding or adjoining any lake within

this state, pursuant to section 20.1-11-02, may dedicate the lake to this state for a breeding,

resting, and refuge place for migratory waterfowl.
N.D. Cent. Code § 20.1-13.1-10 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-10
20.1-13.1-10. Interpretation of chemical tests
Status: in_force

20.1-13.1-10. Interpretation of chemical tests

Upon the trial of any action or proceeding arising out of acts alleged to have been

committed by any individual while operating a motorboat or vessel while under the influence of

intoxicating liquor, drugs, or a combination thereof, evidence of the amount of alcohol

concentration or presence of other drugs, or a combination thereof, in the individual's blood,

breath, or urine at the time of the act alleged as shown by a chemical analysis of the blood,

breath, or urine is admissible. For the purpose of this section:

1. An individual having 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

a chemical test within two hours after operating a motorboat or vessel is under the

influence of intoxicating liquor, drugs, or a combination thereof at the time of operating

a motorboat or vessel.

2. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of

blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams

of alcohol per sixty-seven milliliters of urine.

3. The results of the chemical test must be received in evidence when it is shown that the

sample was properly obtained and the test was fairly administered, and if the test is

shown to have been performed according to methods and with devices approved by

the director of the state crime laboratory or the director's designee, and by an

individual possessing a certificate of qualification to administer the test issued by the

director of the state crime laboratory or the director's designee. The director of the

state crime laboratory or the director's designee is authorized to approve satisfactory

devices and methods of chemical tests and determine the qualifications of individuals

to conduct such tests, and shall issue a certificate to every qualified operator. An

operator shall exhibit the certificate upon demand of the individual requested to take

the chemical test.

4. The director of the state crime laboratory or the director's designee may appoint, train,

certify, and supervise field inspectors of breath testing equipment and its operation,

and the inspectors shall report the findings of any inspection to the director of the state

crime laboratory or the director's designee for appropriate action. Upon approval of the

methods or devices, or both, required to perform the tests and the individuals qualified

to administer them, the director of the state crime laboratory or the director's designee

shall prepare, certify, and electronically post a written record of the approval with the

state crime laboratory division of the attorney general at the attorney general website,

and shall include in the record:

a. An annual register of the specific testing devices currently approved, including

serial number, location, and the date and results of last inspection.

b. An annual register of currently qualified and certified operators of the devices,

stating the date of certification and its expiration.

c. The operational checklist and forms prescribing the methods currently approved

by the director of the state crime laboratory or the director's designee in using the

devices during the administration of the tests.

d. The certified records electronically posted under this section may be

supplemented when the director of the state crime laboratory or the director's

designee determines it to be necessary, and any certified supplemental records

have the same force and effect as the records that are supplemented.

e. The state crime laboratory shall make the certified records required by this

section available for download in a printable format on the attorney general

website.

5. Copies of the state crime laboratory certified records referred to in subsections 3 and 4

that have been electronically posted with the state crime laboratory division of the

attorney general at the attorney general website must be admitted as prima facie

evidence of the matters stated in the records.

6. A certified copy of the analytical report of a blood or urine test issued by the director of

the state crime laboratory or the director's designee must be accepted as prima facie

evidence of the results of a chemical test performed under this chapter.

7. Superseded by N.D.R.Ev., Rule 707.

8. A signed statement from the nurse or medical technician drawing the blood sample for

testing as set forth in subsection 3 is prima facie evidence that the blood sample was

properly drawn and no further foundation for the admission of such evidence may be

required.
N.D. Cent. Code § 20.1-12-06.1 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-06.1
20.1-12-06.1. Game birds harvested
Status: repealed

20.1-12-06.1. Game birds harvested

Repealed by S.L. 1997, ch. 220, § 4.
N.D. Cent. Code § 20.1-13.1-03 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-03
20.1-13.1-03. Individuals qualified to administer chemical test and opportunity for additional test
Status: in_force

20.1-13.1-03. 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 § 20.1-03-10 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-10
20.1-03-10. Contents of nonresident general game, fishing, or reciprocal trapping licenses - Licenses not transferable - Nonresident short-term fishing license
Status: in_force

20.1-03-10. Contents of nonresident general game, fishing, or reciprocal trapping

licenses - Licenses not transferable - Nonresident short-term fishing license.

A nonresident general game, fishing, or reciprocal trapping license is not transferable. Each

license must:

1. Describe the licensee.

2. Designate the licensee's place of residence.

3. Have printed upon it in large figures the year for which it is issued.

4. Have printed upon it in large letters the words "nonresident license" and

"nontransferable".

5. Have connected to it detachable shipping tags as the director may deem advisable.

6. Be issued in the name of the director.

In addition to the regular nonresident fishing license, nonresident short-term fishing licenses

may be issued. These licenses are valid up to ten days from the date of issue.
N.D. Cent. Code § 20.1-01-22 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-22
20.1-01-22. Hunting game on lands having unharvested crops unlawful
Status: in_force

20.1-01-22. Hunting game on lands having unharvested crops unlawful

It is unlawful to hunt or pursue game in unharvested cereal or oilseed crops without

permission of the owner or tenant. Cereal crops include alfalfa, clover, and other grasses grown

for seed. Oilseed crops include sunflower, safflower, rapeseed or canola, crambe, soybeans,

and flax.
N.D. Cent. Code § 20.1-01-30 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-30
20.1-01-30. Amount of statutory fees
Status: in_force

20.1-01-30. Amount of statutory fees

The fees required for a noncriminal disposition pursuant to section 20.1-01-28 or 20.1-01-29

are as follows:

1. For a class 1 noncriminal offense, a fee of fifty dollars.

2. For a class 2 noncriminal offense, a fee of twenty-five dollars.

3. For violation of a rule approved by the director or of an order or proclamation issued by

the governor, the amount set in the rule, order, or proclamation up to a maximum of

two hundred fifty dollars.
N.D. Cent. Code § 20.1-08-04.7 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.7
20.1-08-04.7. Governor's proclamation concerning the hunting of predators
Status: in_force

20.1-08-04.7. Governor's proclamation concerning the hunting of predators

Notwithstanding any other provision of law, the governor may provide by proclamation for

the taking of any wildlife, whether protected or unprotected, determined by the governor to be a

harmful predator, in a manner and number, at any place, and during any time, including after

dark, as the governor prescribes.
N.D. Cent. Code § 20.1-11-09 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-09
20.1-11-09. When predatory animals on state game refuges may be destroyed by persons designated by director
Status: in_force

20.1-11-09. When predatory animals on state game refuges may be destroyed by

persons designated by director.

The director, with the consent of the refuge owner or lessee, may designate any game

warden or other person to destroy, subject to the regulations of the director, predatory birds or

animals within any state game refuge.
N.D. Cent. Code § 20.1-04-05 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-05
20.1-04-05. Golden eagle, bald eagle protected
Status: repealed

20.1-04-05. Golden eagle, bald eagle protected

Repealed by S.L. 2017, ch. 172, § 3.
N.D. Cent. Code § 20.1-13-12 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-12
20.1-13-12. Local regulation prohibited
Status: in_force

20.1-13-12. Local regulation prohibited

1. The provisions of this chapter, and of other applicable state laws, govern the

operation, equipment, numbering, and all other matters relating thereto whenever any

vessel is operated on the waters of this state, or when any activity regulated by this

chapter takes place thereon. Nothing in this chapter prevents the adoption of any

ordinance or local law relating to operation and equipment of vessels the provisions of

which are identical to the provisions of this chapter, amendments thereto, or rules

issued thereunder. Such ordinances or local laws are operative only so long as and to

the extent that they continue to be identical to provisions of this chapter, amendments

thereto, or rules issued thereunder.

2. Any subdivision of this state may, at any time, but only after public notice, make formal

application to the department for special rules with reference to the operation of

vessels on any waters within its territorial limits and shall set forth therein the reasons

which make such special rules necessary or appropriate.

3. The department is hereby authorized to make special rules with reference to the

operation of vessels on any waters within the territorial limits of any subdivision of this

state.
N.D. Cent. Code § 20.1-06-14 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-14
20.1-06-14. Live bait wholesalers and retailers - License
Status: in_force

20.1-06-14. Live bait wholesalers and retailers - License

The director shall adopt rules to control and supervise the operations of minnow or other

live bait wholesalers and retailers. The director shall issue a license to each wholesaler when

the wholesaler has complied with the director's rules and has paid the appropriate annual

license fee. The director also shall issue a license to each retailer when the retailer has

complied with the director's rules and has paid the appropriate license fee. A person may not

take, possess, purchase, transport, or sell minnows or other live bait at wholesale or retail

without first obtaining the appropriate license. The director may require each retailer or

wholesaler to submit reports as the director may determine necessary. Licenses for wholesalers

issued under this section authorize the following:

1. The annual resident license to sell minnows or other live bait at wholesale entitles the

licensee to ten tags to mark bait-trapping equipment. A tag must be affixed to each trap

used by the licensee. Upon request, the director shall issue additional tags to a

licensee at a cost of five dollars per tag. A licensee may not import or export bait

without first obtaining a permit from the director.

2. The annual class B nonresident license to sell minnows or other live bait at wholesale

entitles a nonresident to import or export bait. A nonresident holding an annual class B

nonresident license to sell minnows or other live bait at wholesale may not trap bait.

3. The annual class A nonresident license to sell minnows or other live bait at wholesale

entitles the licensee to ten tags to mark bait-trapping equipment. A tag must be affixed

to each trap used by the licensee. Upon request, the director shall issue additional

tags to a licensee at a cost of five dollars per tag. The annual class A nonresident

license to sell minnows or other live bait at wholesale entitles the licensee to trap in

state waters with the permission of the director and permits the import and export of

approved bait with the permission of the director. A nonresident may hold a class A

license under this section if the nonresident's state of residence provides the same

privilege for residents of North Dakota.
N.D. Cent. Code § 20.1-03-12 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-12
20.1-03-12. Schedule of fees for licenses and permits
Status: in_force

20.1-03-12. The director also shall establish a surcharge of three dollars on each nonresident

fishing license and each nonresident waterfowl hunting license issued under section 20.1-03-12.

The collected surcharge fees must be deposited with the state treasurer and credited to the

aquatic nuisance species program fund.
N.D. Cent. Code § 20.1-03-03.1 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-03.1
20.1-03-03.1. General game license not required for hunting on Indian land
Status: in_force

20.1-03-03.1. General game license not required for hunting on Indian land

An individual hunting on Indian land pursuant to a tribal hunting license is not required to

possess a state license to hunt on such land.
N.D. Cent. Code § 20.1-05-06 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-06
20.1-05-06. Big game hunters to wear daylight fluorescent orange garments - Exception - Penalty
Status: in_force

20.1-05-06. Big game hunters to wear daylight fluorescent orange garments -

Exception - Penalty.

Every person, while hunting big game, shall wear a head covering and an outer garment

above the waistline, both of daylight fluorescent orange color, totaling four hundred square

inches [2580.64 square centimeters] or more of solid fluorescent orange color, and both to be

worn conspicuously on the person. This section does not apply to any person hunting big game

with bow and arrow during special bow hunting seasons. Any person who violates this section is

guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-02-18.3 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-18.3
20.1-02-18.3. Suspension of federal authority to acquire interests in land
Status: in_force

20.1-02-18.3. Suspension of federal authority to acquire interests in land

Notwithstanding the provisions of section 20.1-02-18, or any other provision of law, the

United States may not acquire by any means any land or interests in land for migratory bird

reservations, and the governor may not approve the acquisition of any land or interests in land

with moneys from the migratory bird conservation fund until December 31, 1985, or until the

date a management plan for such land is approved by both the legislative assembly and the

governor, whichever date is first. The management plan must be jointly prepared by the

secretary of the interior and the governor and shall address the extent and general locations of

all proposed acquisitions with moneys from the migratory bird conservation fund, the

management of all such lands whether already acquired or to be acquired, and the relationship

of such acquisitions to mitigation acquisitions for federally financed or permitted projects.
N.D. Cent. Code § 20.1-03-11 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-11
20.1-03-11. License to hunt big game required - Limitations on licenses
Status: in_force

20.1-03-11. License to hunt big game required - Limitations on licenses

1. An individual may not hunt, kill, take, or attempt to take any big game without having

the appropriate big game hunting license and a locking seal bearing a number

corresponding to the number of the big game hunting license or stamp. The locking

seal must be issued as an integral part of the big game hunting license. Except as

otherwise provided in this subsection, an individual may not apply for or be issued a

big game hunting license unless that individual's fourteenth or subsequent birthday

occurs in the same year as the respective big game hunting season. This age

limitation does not apply to applicants for big game licenses for hunting by bow and

arrow. Each violation of this section is a distinct and separate offense. The following

provisions govern youth deer and antelope hunting:

a. An individual whose eleventh, twelfth, or thirteenth birthday occurs in the same

year as a youth deer hunting season is entitled to receive:

(1) A statewide white-tailed antlerless deer permit; or

(2) An antlerless deer permit, as determined by the governor by proclamation.

b. An individual whose twelfth or thirteenth birthday occurs in the same year as an

antelope hunting season is entitled to apply for an antelope permit for that

season.

c. An individual hunting under subdivision a or b must be accompanied by the

individual's parent, guardian, or other individual authorized by the individual's

parent or guardian. As used in this section, "accompanied" means to stay within a

distance that permits uninterrupted visual contact and unaided verbal

communication.

2. The number of licenses issued, including those licenses issued without charge under

the provisions of this section, may not exceed the number of licenses authorized by

the governor's proclamation issued pursuant to section 20.1-08-04.

3. a. An individual, corporation, limited liability company, limited liability partnership,

limited partnership, partnership, trust, or life estate that hold title to at least one

hundred fifty acres [60.70 hectares] of land is eligible to submit one application for

a license to hunt deer without charge, or if the individual named to receive the

license is a nonresident, upon payment of the fee required for a nonresident big

game license.

b. A resident that is an individual, corporation, limited liability company, limited

liability partnership, limited partnership, partnership, trust, or life estate that has

executed a lease for at least one hundred fifty acres [60.70 hectares] of land and

that actively farms or ranches that land is eligible to submit one application for a

license to hunt deer without charge. Upon request, a lessee shall provide proof

the land described in the completed application is leased for agricultural

purposes. If not otherwise specified in an agricultural lease, the landowner is

entitled to receive the license. An individual issued a license under this

subsection must be a resident.

c. Applications must include a legal description of the eligible land, must be within a

unit open for the hunting of deer, and must be signed. A license issued under this

subsection is valid for the deer bow, deer gun, and muzzleloader seasons until

filled and only upon the land described in the application.

d. If the eligible applicant in subdivisions a and b is a corporation, limited liability

company, limited liability partnership, limited partnership, partnership, trust, or life

estate, only one license may be issued and the license must be issued in the

name of an individual shareholder, member, partner, beneficiary, or holder of a life

estate.

e. An individual who is eligible for a license under subsections a and b may transfer

that eligibility for the license to a spouse or legal dependent residing customarily

with that individual. An individual may be eligible for only one license. No more

than one license may be issued under this subsection for all qualifying land. An

individual transferring eligibility under this subsection may not receive a license

under subsections a and b for seasons for which the eligibility was transferred.

f. An individual, that individual's spouse, and their children who have a license

issued under subsections a and b may hunt together on land described in any of

the applications making them eligible for the license. Family members hunting

together under this provision must hunt within the same unit within which the land

described in the application making them eligible for the license is located.

g. Applications for license issued under subsections a, b, and f received by the

game and fish department on or before the date of the application deadline for

deer gun lottery will be issued as any legal deer. Applications for license issued

under subsections a, b, and f received by the game and fish department after the

application deadline will be issued based on licenses available.

4. One percent of the total deer licenses and permits to hunt deer with guns to be issued

in any unit or subunit as described in the governor's proclamation, including licenses

issued to nonresidents under subsection 3, must be allocated for nonresidents.

Notwithstanding the number of licenses allocated under this subsection, upon payment

of the fee requirement for a nonresident who participates on the same basis as a

resident in a lottery for deer licenses remaining after the second lottery for residents, a

nonresident may participate on the same basis as a resident in a lottery for deer

licenses remaining after the second lottery for residents.

5. a. A resident that is an individual, corporation, limited liability company, limited

liability partnership, limited partnership, partnership, trust, or life estate, and has

executed a lease for at least one hundred fifty acres [60.70 hectares] of land that

the resident actively farms or ranches; or a resident that is an individual,

corporation, limited liability company, limited liability partnership, limited

partnership, partnership, trust, or life estate, and holds title to at least one

hundred fifty acres [60.70 hectares] of land, is eligible to submit one application

for a license to hunt antelope without charge upon filing a signed application

describing that land. The land must be within a unit open for the hunting of

antelope. The license must include a legal description of the eligible land

described in the completed application and may be used to hunt antelope only

upon that land. Upon request, a lessee shall provide proof that the land described

in the completed application is leased for agricultural purposes. If not otherwise

specified in an agricultural lease, the landowner is entitled to receive the license.

An individual licensed under this subsection must be a resident.

b. If the eligible applicant is a corporation, limited liability company, limited liability

partnership, limited partnership, partnership, trust, or life estate, only one license

may be issued, and the license must be issued in the name of an individual

shareholder, member, partner, beneficiary, or holder of a life estate.

c. A resident who is eligible for a license under this subsection may transfer that

eligibility for the license to a spouse or legal dependent residing customarily with

the resident, but no more than one license may be issued under this subsection

for any qualifying land. A resident transferring eligibility under this subsection may

not receive a license under this subsection for the season for which eligibility was

transferred. If not otherwise specified in an agricultural lease, the landowner is

entitled to receive the license.

d. Except as provided in paragraph 2, the number of licenses issued without charge

under this subsection may not exceed one-half of the number of licenses of any

pronghorn license type prescribed for each district or unit in the governor's

proclamation.

(1) If the number of eligible persons who apply for licenses issued without

charge under this subsection exceeds the number of licenses prescribed for

the district or unit in the governor's proclamation less any licenses that are

otherwise designated to be issued with a charge under this subsection, the

licenses to be issued without charge must be issued by lottery as prescribed

in the governor's proclamation.

(2) If an eligible person is unsuccessful in receiving a license without charge

under paragraph 1, the application for a license without charge may be

included in a lottery for remaining licenses issued for the district or unit as

prescribed by the governor's proclamation.

6. A person who is unable to step from a vehicle without aid of a wheelchair, crutch,

brace, or other mechanical support or prosthetic device or who is unable to walk any

distance because of a permanent lung, heart, or other internal disease that requires

the person to use supplemental oxygen to assist breathing and who receives or

obtains, whether issued by lottery or otherwise, a license to hunt deer, is entitled to

convert one license to take any sex or species of deer in the unit or subunit for which

the license is issued. Notwithstanding any other law or any provision contained in the

governor's proclamation concerning the hunting of deer, a person who is unable to

step from a vehicle without aid of a wheelchair, crutch, brace, or other mechanical

support or prosthetic device or who is unable to walk any distance because of a

permanent lung, heart, or other internal disease that requires the person to use

supplemental oxygen to assist breathing is entitled to apply for a license to hunt deer

regardless of whether that person received a license to hunt deer in any prior year.

7. a. A resident that is an individual, corporation, limited liability company, limited

liability partnership, limited partnership, partnership, trust, or life estate, and has

executed a lease for at least one hundred fifty acres [60.70 hectares] of land that

the resident actively farms or ranches; or a resident that is an individual,

corporation, limited liability company, limited liability partnership, limited

partnership, partnership, trust, or life estate and holds title to at least one hundred

fifty acres [60.70 hectares] of land, is eligible to submit one application for a

license to hunt elk upon filing a signed application describing that land and

payment of the fee requirement for a resident big game license. The land must be

within a unit open for the hunting of elk. The license must include a legal

description of the eligible land described in the completed application and may be

used to hunt elk within the district or unit in which the land described in the

completed application is located. Upon request, a lessee shall provide proof that

the land described in the completed application is leased for agricultural

purposes. If not otherwise specified in an agricultural lease, the landowner is

entitled to receive the license. An individual issued a license under this

subsection must be a resident.

b. If the eligible applicant is a corporation, limited liability company, limited liability

partnership, limited partnership, partnership, trust, or life estate, only one license

may be issued, and the license must be issued in the name of an individual

shareholder, member, partner, beneficiary, or holder of a life estate.

c. A resident who is eligible for a license under this subsection may transfer that

eligibility for the license to a spouse or legal dependent residing customarily with

the resident, but no more than one license may be issued under this subsection

for any qualifying land.

d. The governor's proclamation may restrict the districts or units for which

preferential licenses may be issued under this subsection. The number of

licenses issued under this subsection for each designated district or unit for

hunting elk may not exceed fifteen percent of the total licenses prescribed in the

governor's proclamation for each district or unit. If the number of applications for

licenses to be issued under this subsection in a district or unit exceeds the

maximum number of licenses allocated to that district or unit, the licenses to be

issued must be issued by weighted lottery as prescribed in the governor's

proclamation. Licenses to hunt elk may not be issued under this subsection when

the total number of licenses prescribed in the governor's proclamation is fewer

than twenty.

e. The director may issue special elk depredation management licenses to

landowners in designated areas around Theodore Roosevelt national park upon

payment of the fee requirement for a resident big game license. The provisions of

this section governing the number of licenses issued for each designated district

or unit for hunting elk do not apply to special elk depredation management

licenses and a person who receives such a license under this subsection is

eligible to apply for a license to hunt elk in future years and is eligible to

participate in the raffle under section 20.1-08-04.6.

f. The director may issue special antlerless elk depredation management licenses

to landowners in the area and manner designated by the director upon payment

of the fee required for a resident big game license. To be eligible for this license a

landowner cannot charge a fee for elk hunting and must allow reasonable public

access as determined by the director. The provisions of this section governing the

number of licenses issued for each designated district or unit for hunting elk do

not apply to special antlerless elk depredation management licenses. A person

receiving an elk depredation management license under this subsection is eligible

to apply for a license to hunt elk in future years and is eligible to participate in

raffles under chapter 20.1-05.1.

g. 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.

8. a. A resident that is an individual, corporation, limited liability company, limited

liability partnership, limited partnership, partnership, trust, or life estate, and has

executed a lease for at least one hundred fifty acres [60.70 hectares] of land that

the resident actively farms or ranches; or a resident that is an individual,

corporation, limited liability company, limited liability partnership, limited

partnership, partnership, trust, or life estate and holds title to at least one hundred

fifty acres [60.70 hectares] of land, is eligible to submit one application for a

license to hunt moose without charge upon filing a signed application describing

that land. The land must be within a unit open for the hunting of moose. The

license must include a legal description of the eligible land described in the

completed application and may be used to hunt moose only upon that land. Upon

request, a lessee shall provide proof that the land described in the completed

application is leased for agricultural purposes. If not otherwise specified in an

agricultural lease, the landowner is entitled to receive the license. An individual

issued a license under this subsection must be a resident.

b. If the eligible applicant is a corporation, limited liability company, limited liability

partnership, limited partnership, partnership, trust, or life estate, only one license

may be issued, and the license must be issued in the name of an individual

shareholder, member, partner, beneficiary, or holder of a life estate.

c. A resident who is eligible for a license under this subsection may transfer that

eligibility for the license to a spouse or a legal dependent residing customarily

with the resident, but no more than one license may be issued under this

subsection for any qualifying land. A resident transferring eligibility under this

subsection is not eligible to apply for a license to hunt moose in future years but

is eligible to participate in the raffle under section 20.1-08-04.2. If not otherwise

specified in an agricultural lease, the landowner is entitled to receive the license.

d. The number of licenses issued under this subsection for a district or unit may not

exceed fifteen percent of the total licenses prescribed in the governor's

proclamation for that district or unit. If the number of eligible persons who apply

for a license under this subsection exceeds the number of licenses available

under this subsection, the licenses must be issued by lottery as prescribed in the

governor's proclamation.

e. A person who receives a license under this subsection and who is successful in

harvesting a moose is not eligible to apply for a license to hunt moose in future

years but is eligible to participate in the raffle under section 20.1-08-04.2.

Notwithstanding this subsection, if a person other than the transferee of license

eligibility is unsuccessful in harvesting a moose under this subsection, that

person may return the unused license to the department and is eligible to apply

for, but not transfer, an additional license to hunt moose in future years. A person

who receives a second license under this subsection is not eligible to participate

in the raffle under section 20.1-08-04.2. If a person receives a license under this

subsection, the person's spouse, children, and parents living with the person are

not eligible to receive a license under this subsection for the district or unit in

which the land described in the completed application is located, unless the

person has sold or otherwise transferred the person's rights to the land described

in the completed application.

f. The governor's proclamation may restrict the area of land within a unit open for

the hunting of moose for which a preferential license is issued under this

subsection. If the proclamation restricts the area for issuance of preferential

licenses, an applicant must own or lease land within the restricted area to be

eligible to apply for a license to hunt moose upon payment of the fee required for

a resident big game license. The license may be used to hunt moose within the

entire unit in which the land described in the completed application is located. A

successful applicant from a restricted area may not return an unused license to

regain eligibility for a license to hunt moose in future years. 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. The director may issue special moose depredation management licenses to

landowners in areas designated by the director upon payment of the fee required

for a resident big game license. The provisions of this section governing the

number of licenses issued for each designated district or unit for hunting moose

do not apply to special moose depredation management licenses. A person

receiving a moose depredation management license under this subsection is

eligible to apply for a license to hunt moose in future years and is eligible to

participate in the raffle under section 20.1-08-04.2.

9. A person who holds a valid license to hunt deer may hunt the same species and sex of

deer, for which that person's license is valid, on land in an adjoining unit for which that

person would be eligible for a gratis deer license under subsection 3.

10. Fifteen percent of the total mule deer licenses and permits to hunt mule deer made

available in the current year for the regular gun season must be made available to

nonresidents to hunt any deer with bow and arrow.
N.D. Cent. Code § 20.1-03-19 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-19
20.1-03-19. Remittances by agents to the director
Status: in_force

20.1-03-19. Remittances by agents to the director

At the beginning of each month, the director shall provide each agent appointed to distribute

hunting and fishing licenses a statement reporting the agent's license sales for the previous

month. By the fifteenth of each month, the agent shall remit to the director the funds collected

for license sales for the preceding month.
N.D. Cent. Code § 20.1-13.1-14 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-14
20.1-13.1-14. Operation of motorboat or vessel during period of prohibition - Penalty
Status: in_force

20.1-13.1-14. Operation of motorboat or vessel during period of prohibition - Penalty

Any person who operates a motorboat or vessel on the waters of this state during the period

the person is prohibited from operating a motorboat or vessel under this chapter is guilty of a

class A misdemeanor.
N.D. Cent. Code § 20.1-04-13 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-13
20.1-04-13. When harmful wild birds may be killed
Status: in_force

20.1-04-13. When harmful wild birds may be killed

Any person may kill any harmful wild bird in this state during daylight hours.
N.D. Cent. Code § 20.1-15-07 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-07
20.1-15-07. Administrative sanction for being afield with a gun or other firearm or a bow and arrow while having certain drug concentrations
Status: in_force

20.1-15-07. Administrative sanction for being afield with a gun or other firearm or a

bow and arrow while having certain drug concentrations.

1. After the receipt of a person's hunting license, if taken under section 20.1-15-05, and

the certified report of a game warden or a law enforcement officer and if no written

request for hearing has been received from the arrested person under section

20.1-15-08, or if that hearing is requested and the findings, conclusion, and decision

from the hearing confirm that the game warden or law enforcement officer had

reasonable grounds to arrest the person and chemical test results show that the

arrested person had been 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 at the time of the performance of a test

within two hours after being afield with a gun or other firearm or a bow and arrow, the

director shall suspend the person's hunting privileges as follows:

a. For one year if the person's record shows that, within the five years preceding the

date of the arrest, the person has not previously violated section 20.1-01-06 or

the person's hunting privileges have not previously been suspended or revoked

under this chapter.

b. For two years if the person's record shows that, within the five years preceding

the date of the arrest, the person has once previously violated section 20.1-01-06

or the person's hunting privileges have once previously been suspended or

revoked under this chapter.

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

the date of the arrest, the person's hunting privileges have at least twice

previously been suspended, revoked, or issuance denied under this chapter, or

for a violation of section 20.1-01-06, or any combination thereof, and the

suspensions, revocations, or denials resulted from at least two separate arrests.

2. In the suspension of the person's hunting privileges the director shall give credit for the

time the person was without a hunting license after the day of the offense.
N.D. Cent. Code § 20.1-01-32 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-32
20.1-01-32. Use of handguns while hunting with bow and arrow or crossbow
Status: in_force

20.1-01-32. Use of handguns while hunting with bow and arrow or crossbow

Notwithstanding any other provision of law, an individual may have a handgun, as defined in

section 62.1-01-01, in that individual's possession while hunting during any lawful archery

hunting season.
N.D. Cent. Code § 20.1-06-01 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-01
20.1-06-01. General penalty
Status: in_force

20.1-06-01. 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 § 20.1-12-09 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-09
20.1-12-09. Revocation of permit
Status: in_force

20.1-12-09. Revocation of permit

The director, after due notice to the shooting preserve operator and a hearing thereon, may

revoke or suspend the permit of any operator for any violation of this chapter or of the rules of

the director.
N.D. Cent. Code § 20.1-03-01 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-01
20.1-03-01. General penalty
Status: in_force

20.1-03-01. 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 § 20.1-13-15 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-15
20.1-13-15. Declaration of policy and purpose
Status: in_force

20.1-13-15. Declaration of policy and purpose

It is the policy of this state to improve boating safety and to foster greater development, use,

and enjoyment of all the waters of the state by encouraging and assisting participation by the

several political subdivisions of the state, the boating industry, and the boating public in

development of more comprehensive boating safety programs, and by creating more flexible

regulatory authority concerning the use of boats and equipment. It is further declared to be the

policy of the state to encourage greater and continuing uniformity of boating laws and rules as

among the subdivisions of the state, the state, several states, and the federal government; a

higher degree of reciprocity and comity among the several jurisdictions; and closer cooperation

and assistance between the state and the federal government in developing, administering, and

enforcing federal and state laws and rules pertaining to boating safety.
N.D. Cent. Code § 20.1-11-13 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-13
20.1-11-13. Hunting or trapping within refuge prohibited - Exception
Status: in_force

20.1-11-13. Hunting or trapping within refuge prohibited - Exception

Except as provided in sections 20.1-11-05, 20.1-11-08, and 20.1-11-09, no person may:

1. Hunt, shoot, trap, kill, wound, take, or capture any game bird or protected animal

within the limits of any state or federal game refuge or state game management area.

2. Drive any game bird or protected animal out of a state or federal game refuge or state

game management area to kill or capture it.

3. Be found within the limits of any state game refuge or state game management area in

possession of a firearm.
N.D. Cent. Code § 20.1-03-03 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-03
20.1-03-03. Licenses to hunt, trap, or fish required of residents
Status: in_force

20.1-03-03. Licenses to hunt, trap, or fish required of residents

No resident of this state, except as provided in section 20.1-03-04, may:

1. Hunt, catch, take, or kill any small game without having a resident small game license.

2. Trap, catch, attempt to catch, take, or kill any protected fur-bearing animal without

having a resident fur-bearer license.

3. Catch, attempt to catch, take, or kill any fish without having a resident fishing license.

4. Hunt, catch, take, or kill any big game animal without having the respective resident

big game license.

Each violation of this section constitutes a distinct and separate offense.
N.D. Cent. Code § 20.1-13-03.2 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-03.2
20.1-13-03.2. Outboard motor - Serial number removed - Penalty
Status: in_force

20.1-13-03.2. Outboard motor - Serial number removed - Penalty

No person may possess, repair, or sell an outboard motor, acquired after January 1, 1980,

from which the serial number has been removed. Any person who violates this section is guilty

of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-02-13 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-13
20.1-02-13. Disqualification of game wardens
Status: in_force

20.1-02-13. Disqualification of game wardens

No person who owns or possesses land in this state under lease or contract for hunting

purposes, nor that person's employee or agent, may be appointed or may act as a chief, district,

or special deputy game warden.
N.D. Cent. Code § 20.1-01-37 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-37
20.1-01-37. Permission required for baiting - Penalty
Status: in_force

20.1-01-37. Permission required for baiting - Penalty

Without permission from the owner or an individual authorized by the owner of the property,

an individual may not enter upon another person's property and intentionally place bait to attract

or manipulate the behavior of wildlife. An individual's first violation of this section is a class 1

noncriminal offense. An individual's second or subsequent violation of this section is an

infraction for which a fine of two hundred fifty dollars must be imposed.
N.D. Cent. Code § 20.1-04-10 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-10
20.1-04-10. Shell-holding capacity of shotguns used in taking game birds restricted - Plugs authorized - Penalty
Status: repealed

20.1-04-10. Shell-holding capacity of shotguns used in taking game birds restricted -

Plugs authorized - Penalty.

Repealed by S.L. 1999, ch. 224, § 1.
N.D. Cent. Code § 20.1-15-05 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-05
20.1-15-05. Action following chemical test result for a hunter
Status: in_force

20.1-15-05. Action following chemical test result for a hunter

If a person submits to a chemical test under section 20.1-15-01, 20.1-15-03, or 20.1-15-04

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 being afield with a gun or other firearm or a bow

and arrow, the following procedures apply:

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

intent to revoke, suspend, or deny hunting privileges and take possession of the

person's hunting license if it is then available. The issuance of a statement of intent to

revoke, suspend, or deny hunting privileges and the taking of possession of the

person's hunting license serves as the director's official notification to the person of the

director's intent to revoke, suspend, or deny hunting privileges in this state.

2. If a chemical test administered under section 20.1-15-01 or 20.1-15-04 was by urine

sample or by drawing blood as provided in section 20.1-15-03 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 revoke, suspend, or deny hunting privileges and take

possession of the individual's hunting license if it is then available and, within

twenty-four hours, forward the license to the game warden or law enforcement agency

making the arrest or to the director. The issuance of a statement of intent to revoke,

suspend, or deny hunting privileges and the taking of possession of the individual's

hunting license serves as the director's official notification to the individual of the

director's intent to revoke, suspend, or deny hunting privileges in this state.

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

of intent and taking possession of the hunting license, shall forward to the director a

certified written report in the form required by the director and the individual's hunting

license taken under subsection 1 or 2. If the notice was given and the license was

taken because of the results of a chemical test, the report must show that the game

warden or officer had reasonable grounds to believe the individual had been afield with

a gun or other firearm or a bow and arrow while in violation of section 20.1-01-06, 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 § 20.1-02-16.4 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.4
20.1-02-16.4. Clam harvesting privilege fee
Status: in_force

20.1-02-16.4. Clam harvesting privilege fee

There is hereby imposed, for the grant of the privilege of the right to harvest clams, a

privilege fee of ten percent of the market value of clam shells harvested in this state. The fee

imposed by this section must be paid to the director for deposit in the game and fish fund. The

director may adopt rules under chapter 28-32 for the administration of the fee imposed under

this section.
N.D. Cent. Code § 20.1-03-12.4 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-12.4
20.1-03-12.4. Nonresident license surcharge - Fishing conservation fund - Continuing appropriation
Status: in_force

20.1-03-12.4. Nonresident license surcharge - Fishing conservation fund - Continuing

appropriation.

1. Notwithstanding any other provision of law, the director shall establish a surcharge of

five dollars on each nonresident fishing license issued under section 20.1-03-12. The

collected surcharge fees must be deposited with the state treasurer and credited to the

fishing conservation fund.

2. There is created in the state treasury a special fund known as the fishing conservation

fund. The fund consists of all money deposited in the fund pursuant to this section. All

money deposited in the fund is appropriated as a continuing appropriation to the game

and fish department for the purpose of fishery conservation, public access projects,

and grant programs relating to fish and wildlife conservation. The game and fish

department may adopt rules in accordance with chapter 28-32 for the purpose of

administering the fishing conservation fund.
N.D. Cent. Code § 20.1-13-08 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-08
20.1-13-08. Collisions, accidents, casualties, and liability
Status: in_force

20.1-13-08. Collisions, accidents, casualties, and liability

The operator of a vessel involved in a collision, accident, or other casualty, so far as that

person can do so without serious danger to that person's own vessel, crew, and passengers,

shall render to other persons affected by the collision, accident, or other casualty such

assistance as may be practicable and necessary to save them from or minimize any danger

caused by the collision, accident, or other casualty. That person shall also give that person's

name, address, and vessel identification in writing to any person injured and to the owner of any

property damaged in the collision, accident, or other casualty. If a collision, accident, or other

casualty involving a vessel results in death or injury to a person or damage to property in excess

of an amount specified by the director by rule, or a person disappears from the vessel under

circumstances that indicate death or injury, the operator of the vessel shall file with the

department a full description of the collision, accident, or other casualty, including such

information as the director may require by rule.

Any operator of a vessel, or other person who complies with this section or who gratuitously

and in good faith renders assistance at the scene of a vessel collision, accident, or other

casualty without objection of any person assisted may not be held liable for any civil damages

as a result of the rendering of assistance or for any act or omission in providing or arranging

salvage, towage, medical treatment, or other assistance where the assisting person acts as an

ordinary, reasonably prudent person would have acted under the same or similar

circumstances.
N.D. Cent. Code § 20.1-03-38 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-38
20.1-03-38. Licensing guides and outfitters by the department - Rules - Inspections
Status: in_force

20.1-03-38. Licensing guides and outfitters by the department - Rules - Inspections

1. The director may license guides and outfitters and may adopt rules to regulate guides

and outfitters. If the director requests a trade secret or proprietary information, the

director shall request the information on a separate form, and that information is

confidential and is not a public record subject to section 44-04-18 and section 6 of

article XI of the Constitution of North Dakota. The director may release this

information, however, if it is aggregated so as not to identify any guide, outfitter, or

client. Before engaging in rulemaking activities with respect to guides and outfitters,

the director shall appoint a committee composed of guides, outfitters, and interested

individuals and shall consult with the committee when preparing rules.

2. The director shall periodically inspect or cause to be inspected all outfitter businesses.

All records, facilities, and equipment kept or used by the outfitter are open to

inspection by the director or a game warden. Records may not be deceptive and must

be kept in a manner and location that is readily accessible to the director or a game

warden during normal business hours.

3. The director shall perform a background search for criminal and game and fish

violations on each applicant on initial application and on each renewal.

4. The director may not issue a license to an individual to be a hunting guide or hunting

outfitter unless the individual is proficient in the application of state and federal laws on

the hunting of wild game. The director shall create and administer a written or

electronic examination to test proficiency of hunting guides and outfitters in these laws.

The director shall administer written examinations at least three times a year; however,

a written examination may not be given to an individual within sixty days after the

previous examination, unless an outfitter employing that individual would suffer an

undue hardship without that individual.
N.D. Cent. Code § 20.1-08-04.10 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.10
20.1-08-04.10. Governor's proclamation concerning restrictions on cervidae carcass importation due to chronic wasting disease
Status: in_force

20.1-08-04.10. Governor's proclamation concerning restrictions on cervidae carcass

importation due to chronic wasting disease.

The governor, through proclamation or executive order, may restrict the importation and

disposition of the carcass or carcass parts of any animal in the family cervidae taken from any

areas within states or provinces that have documented cases of chronic wasting disease in wild

populations or taken from captive hunt or farm facilities.
N.D. Cent. Code § 20.1-11-14 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-14
20.1-11-14. Property abandoned on state game refuges, leased or managed real property, and state game or fish management areas
Status: in_force

20.1-11-14. Property abandoned on state game refuges, leased or managed real

property, and state game or fish management areas.

The director may seize tangible property presumed abandoned on state game refuges, real

property leased or managed by the game and fish department, and state game or fish

management areas. After ninety days, the director may dispose of seized, unclaimed, tangible

property presumed abandoned, or order it be turned over to the North Dakota wildlife federation

to be sold for the highest price obtainable. The sale proceeds, after the expenses of the seizure

and the sale are deducted, must be remitted to the North Dakota wildlife federation report all

poachers fund. A report of the sale, supported by proper vouchers covering all deductions made

for expenses, must be filed for the record with the director.
N.D. Cent. Code § 20.1-13-06 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-06
20.1-13-06. Exemption from numbering provisions of this chapter
Status: in_force

20.1-13-06. Exemption from numbering provisions of this chapter

A motorboat may not be required to be numbered under this chapter if it is:

1. Already covered by a number, in full force and effect, awarded it pursuant to federal

law or a federally approved numbering system of another state, provided such

motorboat has not been within this state for more than ninety consecutive days.

2. A motorboat from a foreign country temporarily using the waters of this state.

3. A motorboat owned by the United States, a state, or a subdivision thereof.

4. A ship's lifeboat.
N.D. Cent. Code § 20.1-13-20 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-20
20.1-13-20. Personal flotation devices
Status: in_force

20.1-13-20. Personal flotation devices

It is unlawful for any person to operate or to be a passenger on any vessel less than

twenty-seven feet [8.2296 meters] in length unless all persons, ten years of age or younger

present on the vessel, wear an appropriately sized and properly fastened coast guard-approved

type I, II, or III wearable personal flotation device while the vessel is in operation. A personal

flotation device is appropriately sized if it is designed to be worn by a person of similar age, size,

or weight as the wearer.
N.D. Cent. Code § 20.1-02-34 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-34
20.1-02-34. Educational and community outreach programs
Status: in_force

20.1-02-34. Educational and community outreach programs

The department may establish educational and community outreach programs to promote

public understanding of fisheries and wildlife management and promote interest in pursuing

careers in fields employed by the department. The director may establish programs and

determine participation eligibility, including the direct participation in job shadowing of field

activities and ride-alongs.
N.D. Cent. Code § 20.1-02-22 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-22
20.1-02-22. Appeal to district court
Status: repealed

20.1-02-22. Appeal to district court

Repealed by S.L. 1991, ch. 236, § 1.
N.D. Cent. Code § 20.1-05-03 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-03
20.1-05-03. Season for taking and transporting big game - Bag limit
Status: in_force

20.1-05-03. Season for taking and transporting big game - Bag limit

A person having a big game hunting license as prescribed in this title may take, kill, and

transport, during the open or lawful season, one big game animal in this state. The open or

lawful season on deer and antelope begins at twelve noon central standard time and on elk,

moose, and bighorn sheep begins one-half hour before sunrise on any designated Friday as

established by gubernatorial proclamation in accordance with this title. This section does not

prohibit the transportation, shipment, or possession within this state of properly tagged big game

legally taken in other states or taken on Indian land.
N.D. Cent. Code § 20.1-03-05 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-05
20.1-03-05. Application for resident general game, fur-bearer, or fishing license - Contents
Status: in_force

20.1-03-05. Application for resident general game, fur-bearer, or fishing license -

Contents.

Each application for a resident general game, fur-bearer, or fishing license must be signed

by the applicant and must state:

1. That the applicant has been a bona fide state resident for at least six months.

2. The applicant's residential address, including street and post office.

3. The applicant's weight, height, color of hair, and color of eyes.
N.D. Cent. Code § 20.1-01-11 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-11
20.1-01-11. Hunting and harassing game from aircraft, motor vehicle, or snowmobile prohibited
Status: in_force

20.1-01-11. Hunting and harassing game from aircraft, motor vehicle, or snowmobile

prohibited.

Except as provided in this title, or when necessary for the protection of life or property

except as provided in section 20.1-02-05, no person operating or controlling the operation of

any aircraft or motor vehicle in this state may intentionally kill, chase, or harass any wild animal

or wild bird, protected or unprotected. No person, while operating a snowmobile in this state,

may intentionally kill, chase, flush, or harass any wild animal or wild bird, protected or

unprotected.
N.D. Cent. Code § 20.1-04-14 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-14
20.1-04-14. Use of propane exploders - Penalty
Status: in_force

20.1-04-14. Use of propane exploders - Penalty

Any propane exploder or similar noisemaking device designed to ward off blackbirds which

is located within one hundred sixty rods [804.67 meters] of an inhabited dwelling may only be

used during the period between sunrise and sunset. Any person who violates this section is

guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-01-27 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-27
20.1-01-27. Disposition of animals killed by motor vehicle
Status: in_force

20.1-01-27. Disposition of animals killed by motor vehicle

Whenever any big game animal is killed by a motor vehicle on a public highway or roadway,

any person who desires to possess that animal shall notify as soon as possible any game

warden or other authorized person. The authorized person shall give a dated and written note of

validation which allows legal possession of the animal and authorizes the person whose name

appears thereon to possess or dispose of the animal. The note of validation must remain with

the carcass while in processing or storage. There is no fee for the inspection and validation.
N.D. Cent. Code § 20.1-13-14 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-14
20.1-13-14. Rules - Enforcement
Status: in_force

20.1-13-14. Rules - Enforcement

Rules may be adopted pursuant to this chapter under chapter 28-32. Every game warden,

sheriff's officer, or highway patrol trooper of this state has the authority to enforce the provisions

of this chapter and in the exercise thereof has the authority to stop and board any vessel subject

to this chapter.
N.D. Cent. Code § 20.1-02-05 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-05
20.1-02-05. Powers of director
Status: in_force

20.1-02-05. Powers of director

The director may:

1. Fix the salaries and the necessary travel and other expenses of department personnel

subject to law and legislative appropriations.

2. Employ any part-time personnel necessary to run the director's office and remove the

employees at will. Salaries and necessary traveling and other expenses of these

appointees must be authorized, audited, and paid in the same manner as salaries and

expenses of state officers.

3. Accept from any person, or gather, or purchase, fish, spawn, or fry, for distribution in

state waters.

4. Take alive at any time, under the director's personal supervision or under the personal

supervision of any of the director's bonded appointees, any birds or animals for

propagation purposes or for exchange with other states and foreign countries for game

birds and animals of other species.

5. Order additional protection for any fish with an open season when, after investigation,

the director finds danger of extinction, undue depletion in any waters, or to aid in the

propagation and protection of immature fish, by prescribing how, how many, where,

and when the fish may be taken. The orders have the force of law.

6. Take or cause to be taken at any time from any state public waters any suckers, carp,

or pickerel.

7. With the governor's approval, purchase, lease, or, subject to chapter 32-15, condemn

real estate, when it is required to carry out this title, and sell it when it is no longer

required, in the name of the state.

8. Lease up to ninety-nine years any department land, for the purpose of development

and improvement, to any nonprofit corporation, upon consideration of specified

improvements to be made by the corporation and other improvements the department

and the corporation may agree upon. The lease must provide that all funds received by

the corporation through lease of the property be expended upon the leased premises

for development and improvements. The corporation has the authority, subject to

approval by the director, to sublease the premises for cabin sites and other

recreational purposes. Upon termination of the lease, the leased property, together

with all improvements, reverts to the department.

9. Secure specimens of game birds, animals, and fish for breeding purposes by purchase

or otherwise and by exchange with the game commissions or state game wardens of

other states or countries.

10. Issue special permits to shoot wildlife from a stationary motor vehicle upon application

from individuals who are physically unable to walk for purposes of hunting or taking

wildlife or who have lost the use of an arm at or below the elbow. The application must

be accompanied by a statement from a physician, physician assistant, or advanced

practice registered nurse which verifies the individual's condition, and if used to hunt

on lands controlled by the board of university and school lands, must designate the

land on which the individual intends to hunt. The permittee must have permission from

the lessee and the commissioner of university and school lands to hunt on lands

controlled by the board of university and school lands. A permit issued under this

subsection allows the permittee to drive, or to be driven, onto any land for the

purposes of hunting wildlife, except that neither any other passenger within the vehicle

nor the driver, if someone other than the permittee, may be a hunter, unless the other

individual also is a permittee. If the land is privately owned and if the permittee is not

going to drive or be driven along an established road or trail, the permittee first must

obtain the consent of the owner or lessee to hunt on the land in the manner provided

in this title.

11. Issue to any individual who is blind, is a paraplegic, or who has lost the use of one or

both arms a special permit to hunt game with a crossbow if that individual otherwise

complies with and qualifies under the licensing and other provisions of this title.

Battery-powered and electronic-lighted sight pins and telescopic sights not exceeding

a maximum power of eight may be attached to crossbows used for hunting under this

subsection. However, an individual who is blind and who receives a special permit to

hunt game with a crossbow under this subsection may hunt only on a preserve or area

approved by the director. For purposes of this subsection, an individual who is blind

means an individual who is totally blind, whose central visual acuity does not exceed

twenty/two hundred in the better eye with corrective lenses, or in whom the widest

diameter of the visual field is no greater than twenty degrees.

12. Issue any resident license and adopt rules if necessary to carry out resident licensing

for each of the following, except a lottery permit or license may be issued only to an

individual who qualifies as a resident under subdivision a:

a. A resident who is eligible for a license under this title, except that the director

shall issue a license on proper application. A resident who is eighteen years of

age or older must submit a valid driver's license number from this state or valid

nondriver photo identification number issued by this state before the director may

issue a license.

b. An individual who has come to the state with a bona fide intention of becoming a

resident, even though that individual has not been a resident of this state for the

required time period immediately preceding the application for the license.

However, an individual who is eighteen years of age or older is not eligible for a

resident license under this subsection unless that individual first produces a

driver's license number from this state or a nondriver photo identification number

issued by this state and submits an affidavit of a bona fide resident setting forth

the actual conditions of residency. An individual is not eligible for a resident

license under this subsection if the individual maintains a valid resident

hunting-related or fishing-related license from another state or country, unless the

license is a lifetime license.

c. An individual who is a member of the United States armed forces and who is

within the state on duty or leave or nonresident current North Dakota national

guard member.

d. An employee of the United States fish and wildlife service or the conservation

department of any state or province of Canada in the state to advise or consult

with the department.

e. A nonresident full-time student living in this state who is attending an institution

under the jurisdiction of the state board of higher education, a private institution of

higher education, or a tribal college. A license may not be issued under this

subdivision unless a valid student identification number accompanies the

application.

f. A resident of this state who applies for a resident deer hunting license, is a

member of the United States armed forces stationed outside this state, who

shows proof of North Dakota residence, including a driver's license number from

this state or a nondriver photo identification number from this state, and who pays

the appropriate licensing fee, except the director shall issue the resident deer

hunting license on proper application. A deer license issued to a member of the

United States armed forces under this subdivision must be issued without being

subject to the lottery for deer hunting licenses.

13. Adopt rules, and issue permits for the transporting or introducing of fish, fish eggs,

small game, big game, or fur-bearers after determining that the fish, fish eggs, birds, or

animals have been properly inspected for disease, and that the transplanting or

introduction will be in compliance with state laws and rules. No person may transplant

or introduce any fish or fish eggs into any of the public waters of this state, or

transplant or introduce any species of small game, big game, or fur-bearers into this

state without obtaining a permit from the director.

14. Pursuant to section 4-01-17.1, cooperate with the agriculture commissioner, the United

States fish and wildlife service, and other agencies in the destruction of predatory

animals, destructive birds, and injurious field rodents. The director may adopt rules in

accordance with organized and systematic plans of the department of the interior for

the destruction of these birds and animals. The director may determine the necessity

and issue permits and rules and regulations therefor for the operation and use of

private aircraft to assist in the destruction of the above birds and animals and aid in the

administration or protection of land, water, wildlife, livestock, domesticated animals,

human life, or crops.

15. Exercise authority to establish programs and rules and administer state and federal

funds provided to the state for the preservation and management of resident species

determined by the director to be threatened or endangered species of wildlife. The

authority exercised must be in compliance with the Endangered Species Act of 1973,

Public Law 93-205. Any person who violates rules adopted under this subsection is

guilty of a class B misdemeanor.

16. Provide for the funding of a private land habitat and access improvement program with

moneys derived from the interest earned on the game and fish fund and habitat

restoration stamp fees. The director shall place these funds in a special fund called the

"game and fish department private land habitat and access improvement fund".

17. Carry out a private land habitat and access improvement program by:

a. Entering cost-sharing, habitat enhancement, and access agreements with

landowners or agencies working on private land to help defray all or a portion of

their share of local, state, or federally sponsored conservation practices

considered beneficial to fish and wildlife.

b. Leasing and developing fish and wildlife habitat or sport fishing areas on private

land. Except for purposes of subdivisions i and j, public access to leased land

may not be prohibited.

c. Carrying out practices or designating an individual to carry out practices or

authorizing or having the designee authorize landowners to carry out practices

that will alleviate depredations caused by predatory animals and big game

animals.

d. Publishing a brochure on an annual basis describing areas funded from the game

and fish department private land habitat and access improvement fund which are

open to public access in this state.

e. Receiving advice from the game and fish advisory board concerning expenditures

from the game and fish department private land habitat and access improvement

fund.

f. Working with livestock producers experiencing chronic deer depredation

problems to develop site-specific deer depredation management plans.

g. Giving first consideration to producers impacted by deer foraging on stored winter

forage when purchasing winter deer management supplies.

h. Making available the sum of one million dollars from each biennial game and fish

department appropriation to be used to provide feeding and other winter

management practices to alleviate depredation caused by big game animals. Any

unexpended funds under this subdivision, up to two million dollars, are not

subject to section 54-44.1-11 and may be carried forward for expenditure in future

bienniums.

i. Making available the sum of one hundred thousand dollars from each biennial

game and fish department appropriation to be used for food plots on private

property for the purpose of providing winter feed. These food plots are not subject

to public access considerations.

j. Developing agreements to compensate private landowners for the development

of habitat on private property specific to the geography, form, and function

necessary for addressing fish and wildlife populations.

k. Granting authority to program managers to carry out the duties of the program

including signing for, negotiating, and renewing agreements and leases.

18. Subject to prior approval of the attorney general, lease or exchange lands under the

director's jurisdiction or control which are deemed necessary for the improved

management of wildlife resources.

19. Subject to prior approval of the attorney general, impose any conditions or

reservations to the leases or exchanges as the director determines necessary.

20. Issue permits for conducting fishing contests involving public waters of the state in

accordance with section 20.1-02-33. The director may deny permits. A person may not

conduct a fishing contest on public waters without first receiving a permit issued by the

director.

21. Issue duplicates of lost or destroyed game and fish licenses or permits. The procedure

for reissuing the licenses or permits and fees to be charged must be prescribed by the

director by rule.

22. Establish noncriminal penalties for any rules adopted by the director. The maximum

noncriminal penalty that may be set by the director is a fine of two hundred fifty dollars.

Violation of any rule not designated as having a noncriminal penalty is considered a

criminal violation as established in the appropriate chapter of this title.

23. Issue, as a means of encouraging and promoting economic development in this state,

complimentary fishing licenses to nonresident visiting dignitaries. The circumstances

and conditions of complimentary fishing licenses issued must be determined by the

director. The number of complimentary licenses may not exceed fifty licenses per year.

The director shall determine the visiting dignitaries to be of national or international

stature before they are eligible for complimentary licenses.

24. Carry out a coyote depredation prevention program by conducting practices that will

alleviate depredations caused by coyotes.

25. Issue, as a means of rewarding the dedication of certified game and fish department

volunteer instructors:

a. A complimentary resident certificate and combination license to resident

instructors, provided under section 20.1-03-11.1; or

b. A complimentary composite of nonresident licenses to include a certificate, fishing

license, general game and habitat license, small game license, statewide

waterfowl license, spring white goose license, furbearer and nongame license,

and a reciprocal trapping license to nonresident instructors.

Any license issued under this subsection is valid for the lifetime of the instructor. An

individual is eligible for a license under this subsection if the individual has served and

maintained an active status as a certified volunteer instructor in the state for thirty

years. Any license issued under this subsection must be revoked by the director if the

licenseholder is convicted of a felony or found to have violated any provision of this

title.

26. Carry out a program that targets waterfowl resting areas within the private lands

initiative program which includes payments to private landowners for lease of

waterfowl resting areas on private lands that during the term of the lease provides

limited public access for the hunting of waterfowl.

27. Issue free hunting licenses to an organization that sponsors hunting trips for terminally

ill children. A license issued under this subsection may be used by an individual

sponsored by the organization to hunt the species indicated on the license.

28. Authorize individuals with valid antlerless deer licenses to take deer on private lands

determined by the director to be severely impacted by deer. Before authorizing

individuals under this subsection, the director must attempt other measures and

determine them to be ineffective. A landowner dissatisfied with a decision of the

director under this subsection may submit the decision to the agricultural mediation

service for mandatory mediation. A decision of an agricultural mediation service

negotiator is subject to review by the credit review board. A decision of the credit

review board under this subsection is final. The director may authorize individuals to

take deer under this subsection between December first of a year through January

fifteenth of the following year.
N.D. Cent. Code § 20.1-12-03 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-03
20.1-12-03. Prerequisites for the issuance of permits - Bonds
Status: in_force

20.1-12-03. Prerequisites for the issuance of permits - Bonds

Before issuing any permit under this chapter, the director shall determine that:

1. The applicant is financially able to provide the necessary facilities and services to

operate a shooting preserve.

2. The applicant proposes to comply with this chapter.

3. The operation of the preserve will not work a fraud upon persons permitted to hunt

thereon.

4. The operation of the preserve is not designed to circumvent game laws or rules.

5. The issuance of the permit will be in the public interest.

Before any permit is issued to the applicant, that person must file a two thousand dollar bond to

the state, executed by a surety company authorized to do business in the state, and conditioned

that the applicant will comply with this chapter and the rules adopted by the director thereunder,

and will pay any fine and costs upon conviction of the permittee for violation of this chapter and

all reasonable costs arising from any hearing for revocation or suspension of the permit. The

bond requirement of this section does not apply to any person who is both the record title owner

and operator of a private shooting preserve.
N.D. Cent. Code § 20.1-03-26 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-26
20.1-03-26. Nonresidents - Taking and transporting of game birds - License
Status: repealed

20.1-03-26. Nonresidents - Taking and transporting of game birds - License

Repealed by S.L. 1983, ch. 275, § 1.
N.D. Cent. Code § 20.1-17-04 — ND Code / Title 20.1 / Chapter 20.1-17 / Section 20.1-17-04
20.1-17-04. Inspection of watercraft
Status: in_force

20.1-17-04. Inspection of watercraft

The director shall train and authorize personnel to inspect watercraft and associated

equipment, including weed harvesters, for aquatic nuisance species before the watercraft and

equipment enter or leave waters of the state during the open water season.
N.D. Cent. Code § 20.1-08-04 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04
20.1-08-04. Contents of governor's order or proclamation relating to the taking of big game, small game, fish, and fur-bearers - Special permits
Status: in_force

20.1-08-04. Contents of governor's order or proclamation relating to the taking of big

game, small game, fish, and fur-bearers - Special permits.

1. A gubernatorial order or proclamation under this chapter must prescribe, as to each

species of wildlife named therein, the following:

a. In what manner they may be taken.

b. In what numbers they may be taken and possessed and may limit the numbers

by sex.

c. In what places they may be taken.

d. At what times they may be taken and possessed.

2. The governor in the governor's proclamation or order may determine the number of

resident and nonresident big game licenses to be issued for the taking of each

species, age, or sex. When a limited number of big game licenses or special permits

are to be issued, the governor shall by order or proclamation declare the manner of

issuance of the licenses and permits. The governor may by proclamation or order

determine the time period for which a recipient of a big game license or special permit

obtained by lottery is ineligible to apply for the same type of license or special permit.

3. In addition to the regular big game hunting licenses, the governor, by order or

proclamation, may authorize the issuance of special permits to hunt big game in

certain restricted areas. When acting pursuant to this subsection, the governor shall

designate in the proclamation:

a. The species of big game which can be hunted.

b. The boundaries of the restricted area.

c. The number of special permits to be issued.

d. The procedure to determine which applicants should receive the special permits.

e. The manner and times in which the big game may be taken.

Special permits issued under this subsection shall be issued in strict compliance with

the governor's proclamation.

4. The governor in the governor's order or proclamation may determine the number of

resident and nonresident paddlefish snagging tags to be issued for the taking of

paddlefish. If a limited number of paddlefish tags are to be issued, the governor shall

by order or proclamation declare the manner of issuance of the tag. The governor may

by order or proclamation determine the time period for which a recipient of a

paddlefish tag obtained by lottery is ineligible to apply for the same type of tag.
N.D. Cent. Code § 20.1-01-26 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-26
20.1-01-26. Suspension of hunting, trapping, or fishing privileges - Surrender and return of license
Status: in_force

20.1-01-26. Suspension of hunting, trapping, or fishing privileges - Surrender and

return of license.

In addition to the penalty provided upon conviction under this title, the court may suspend

the defendant's hunting, trapping, or fishing privileges for up to three years; however, if the

defendant is convicted of an offense under section 20.1-01-33, the court may suspend the

defendant's hunting, trapping, or fishing privileges for up to the life of the defendant but not less

than five years. The court may not suspend the defendant's privileges for a noncriminal violation

if the defendant has not been convicted for a violation of this title in the last three years. Upon

conviction for a violation of section 20.1-01-18, the court shall suspend the defendant's hunting,

fishing, and trapping privileges for a period of at least one year, two years for the second

conviction, and three years for the third or subsequent conviction. At the time of the suspension,

the court shall determine whether the defendant must successfully complete the hunter

education course provided for in section 20.1-03-01.1, as prescribed by the proper state or

provincial natural resources or wildlife management agency, before the defendant may

purchase a new or obtain the return of a valid hunting license.

Upon imposition of the suspension, the court shall take any hunting, trapping, or fishing

license or permit held by the defendant and forward it, together with a certified copy of the

suspension order, to the director. Except as otherwise provided in this section, upon expiration

of the suspension, the director shall return the person's license or permit if it is still valid. No

person may purchase, or attempt to purchase, a hunting, trapping, or fishing license or permit

during a suspension period. If the court so ordered, no person who has had a hunting license

suspended may purchase or attempt to purchase a hunting license nor may the director return a

valid hunting license until the person has successfully completed the course provided for in

section 20.1-03-01.1 and as prescribed by the proper state or provincial natural resources or

wildlife management agency. A certificate of completion for a similar course issued by any other

state or province of Canada is sufficient to meet this requirement. The person shall file proof of

that completion with the court.

For the purpose of this section, the term "conviction" includes an admission or adjudication

of a noncriminal violation.
N.D. Cent. Code § 20.1-02-28 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-28
20.1-02-28. Deerproof hay yard program
Status: in_force

20.1-02-28. Deerproof hay yard program

Within legislative appropriations, the director shall provide for a deerproof hay yard

program. The deerproof hay yard program must provide materials and supplies at no cost and

construction cost-share assistance to landowners for the establishment of deerproof hay yards

to protect crops, hay, or feed on private property with deer depredation problems. A landowner

who allows commercial hunting for big game on a majority of acres owned and operated in

exchange for compensation and who posts a majority of the acres owned and operated by that

person to prohibit big game hunting is not eligible to participate in the deerproof hay yard

program. The department shall establish a prorated repayment system over a three-year period.

For winter management program purposes of this section, a person may not willfully hunt,

harass, chase, pursue, take, attempt to take, possess, transport, ship, convey by common

carrier, sell, barter, or exchange a deer 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 § 20.1-04-08 — ND Code / Title 20.1 / Chapter 20.1-04 / Section 20.1-04-08
20.1-04-08. Red, yellow, or orange color to be displayed by hunters of wild turkeys - Exception
Status: repealed

20.1-04-08. Red, yellow, or orange color to be displayed by hunters of wild turkeys -

Exception.

Repealed by S.L. 1983, ch. 276, § 1.
N.D. Cent. Code § 20.1-01-09 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-09
20.1-01-09. Types of guns lawfully usable in taking raccoon and beaver with flashlight - Penalty
Status: in_force

20.1-01-09. Types of guns lawfully usable in taking raccoon and beaver with flashlight

- Penalty.

In the killing, shooting, pursuing, taking or in attempting to take raccoon or beaver with the

use of a flashlight with a power source of not over six volts, it is illegal to use a rifle or handgun

capable of firing a shell larger than a twenty-two caliber [5.59 millimeter] long rifle shell, or a

shotgun larger than four-ten gauge [10.41 millimeters]. An individual who violates this section is

guilty of a class 1 noncriminal offense.
N.D. Cent. Code § 20.1-10-04 — ND Code / Title 20.1 / Chapter 20.1-10 / Section 20.1-10-04
20.1-10-04. Who to sell confiscated property - Bills of sale - Disposition of proceeds of sale
Status: in_force

20.1-10-04. Who to sell confiscated property - Bills of sale - Disposition of proceeds

of sale.

All confiscated property that a court has ordered to be disposed of by the director must be

turned over to the North Dakota wildlife federation to be sold for the highest price obtainable. On

any sale of animals, birds, or fish, or parts thereof, the seller shall issue to each purchaser a bill

of sale on forms prepared and furnished by the director. The sale proceeds, after the expenses

of the seizure and the sale are deducted, must be remitted to the North Dakota wildlife

federation report all poachers fund. The remittance must be accompanied by a complete and

certified report of the sale supported by proper vouchers covering all deductions made for

expenses. This report must be filed for record with the director.
N.D. Cent. Code § 20.1-10-07 — ND Code / Title 20.1 / Chapter 20.1-10 / Section 20.1-10-07
20.1-10-07. Property seized under warrant - Officer's return to describe - Safekeeping - Disposal
Status: in_force

20.1-10-07. Property seized under warrant - Officer's return to describe - Safekeeping

- Disposal.

Any officer executing a warrant issued pursuant to section 20.1-10-06 shall, in the officer's

return, describe the property seized with as much particularity as possible. The seized property

must be safely kept upon direction of the judge as long as necessary to use as evidence. If a

conviction is obtained, either by trial or by plea of guilty, the seized property must be disposed of

under an order of the court before whom the prosecution was brought.
N.D. Cent. Code § 20.1-02-18.4 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-18.4
20.1-02-18.4. Wetlands mediation advisory board
Status: repealed

20.1-02-18.4. Wetlands mediation advisory board

Repealed by S.L. 1997, ch. 211, § 1.
N.D. Cent. Code § 20.1-08-04.5 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.5
20.1-08-04.5. Governor's proclamation concerning the hunting of deer with muzzleloading firearms
Status: in_force

20.1-08-04.5. Governor's proclamation concerning the hunting of deer with

muzzleloading firearms.

The governor shall by proclamation provide for a muzzleloading firearm season following

the regular deer hunting season to hunt deer with muzzleloading firearms in the manner,

number, places, and times as the governor prescribes. Licenses to hunt deer with

muzzleloading firearms must be issued by the director by lottery as prescribed by the director.

The director shall issue two percent of the total white-tailed deer gun licenses available each

year to hunters with muzzleloading firearms. Of the two percent, one-half of the licenses issued

may be for antlered white-tailed deer.
N.D. Cent. Code § 20.1-02-04 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-04
20.1-02-04. Duties of director
Status: in_force

20.1-02-04. Duties of director

The director shall:

1. Maintain an office in Bismarck.

2. Adopt rules necessary to the conduct of the department.

3. Keep an accurate record of all the transactions and expenditures of the department

and submit a biennial report to the governor and the secretary of state in accordance

with section 54-06-04.

4. Enforce state laws involving wildlife.

5. Collect and distribute statistics and information germane to this title and publish

information and reports, including a monthly bulletin, for the education of the public in

conservation matters.

6. Examine all waters of the state and, wherever suitable waters are found, arrange to

plant, stock, or deposit available fish, spawn, or fry.

7. Cooperate with the United States fish and wildlife service, or any other appropriate

federal agency, and make applications for fish, spawn, and fry, to apportion and

deposit in waters of the state.

8. Cooperate with and assist clubs and individuals in stocking the waters of this state with

fish.

9. Remove or take from any public waters containing a surplus of fish any reasonable

quantity of fish for stocking other public waters, hatching or propagating purposes, or

exchange with other states and countries.

10. Control, construct, mark, designate, manage, and have charge of all state fish

hatcheries, state game farms, game refuges, and game reserves owned, leased, or

controlled for the propagation and protection of game birds, game animals, and fish.

11. Supervise the breeding, propagation, capture, distribution, and preservation of game

birds, game animals, and fish as the director deems advisable.

12. Adopt rules necessary for carrying out section 20.1-10-01 and these rules have the

force of law after one publication in the daily newspapers of this state.

13. Provide the necessary blank forms for making applications for licenses of all kinds and

distribute them among those authorized to sell licenses.

14. Keep a record of all permits issued for the purpose of propagation and domestication

of game birds or protected animals.
N.D. Cent. Code § 20.1-03-06 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-06
20.1-03-06. Contents of resident general game, fur-bearer, or fishing licenses - Licenses not transferable - Resident family fishing license
Status: in_force

20.1-03-06. Contents of resident general game, fur-bearer, or fishing licenses -

Licenses not transferable - Resident family fishing license.

A resident general game, fur-bearer, or fishing license is not transferable. Each such license

shall:

1. Describe the licensee.

2. Designate the licensee's place of residence.

3. Have printed upon it in large figures the year for which it is issued, or if it is a

fur-bearer license, the statement that it expires on the first day of September following

the date of issue.

4. Have printed upon it in large letters the word "nontransferable".

5. Be issued in the name of the director.

In addition to the regular resident fishing license, there is hereby authorized a resident family

fishing license allowing the husband and wife of a family to fish under one license. Such license

shall be valid for the same period as other resident fishing licenses and shall be issued in

duplicate. The husband and wife are each to have a copy in possession while fishing.
N.D. Cent. Code § 20.1-01-24 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-24
20.1-01-24. Impersonating game wardens unlawful
Status: in_force

20.1-01-24. Impersonating game wardens unlawful

No person may falsely claim the authority of or impersonate a game warden.
N.D. Cent. Code § 20.1-03-07 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-07
20.1-03-07. Licenses to hunt, trap, or fish required of nonresidents
Status: in_force

20.1-03-07. Licenses to hunt, trap, or fish required of nonresidents

Nonresidents, except as provided in sections 20.1-02-05, 20.1-03-07.3, and 20.1-03-08,

may not:

1. Hunt, catch, take, or kill any small game without a nonresident small game license.

The nonresident small game license entitles the nonresident to hunt small game for

any period of fourteen consecutive days or any two periods of seven consecutive days

each. The hunting period for which the license is valid must be designated on the

license. A nonresident small game license is not required to hunt waterfowl under

section 20.1-03-07.1 or wild turkeys under section 20.1-04-07. A nonresident may

purchase more than one nonresident small game license per year.

2. Trap, catch, attempt to catch, take, or kill any protected fur-bearing animal, except that

nonresidents holding a valid nonresident fur-bearer and nongame hunting license may

hunt only fox and coyote and except that residents of a state that allows North Dakota

residents to trap within that state may purchase a nonresident reciprocal trapping

license to trap in this state. However, a nonresident holding a valid nonresident

reciprocal trapping license may not trap, catch, attempt to catch, take, or kill bobcats.

3. Catch, attempt to catch, take, or kill any fish without having a nonresident fishing

license.

4. Hunt, catch, take, or kill any unprotected bird or animal without having a nonresident

nongame hunting license or nonresident fur-bearer and nongame hunting license.

5. Hunt, catch, take, or kill any big game animal without having the respective

nonresident big game license.

Each violation of this section is a distinct and separate offense.
N.D. Cent. Code § 20.1-01-23 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-23
20.1-01-23. Fence gates to be closed - Penalty - Violator's hunting license forfeited
Status: in_force

20.1-01-23. Fence gates to be closed - Penalty - Violator's hunting license forfeited

A person who opens a gate or bars in a fence enclosing farm premises may not leave such

gate or bars open unless the person is in lawful possession of the premises. If a person violates

this section while hunting, that person is guilty of a class B misdemeanor, and that person's

hunting license must be forfeited for the remainder of the then current hunting season. A

summary of the provisions of this section must be printed on each general game and fur-bearer

license.
N.D. Cent. Code § 20.1-01-17 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-17
20.1-01-17. Posting of lands by owner to prohibit hunting - How posted - Signs defaced
Status: in_force

20.1-01-17. Posting of lands by owner to prohibit hunting - How posted - Signs

defaced.

1. Only the owner or an individual authorized by the owner of land may post the land. To

post the land, an individual shall:

a. Place signs alongside the public highway or the land giving notice that hunting is

not permitted on the land. The name of the person posting the land must appear

on each sign in legible characters. The signs must be readable from the outside

of the land and must be placed conspicuously not more than eight hundred eighty

yards [804.68 meters] apart. As to land entirely enclosed by a fence or other

enclosure, posting of signs at or on all gates through the fence or enclosure

constitutes a posting of all the enclosed land; or

b. Designate the land as posted or closed to hunting in an online database or other

electronic application maintained or authorized by the state and available to the

public which identifies whether land is available to hunters. The name of the

person posting the land electronically must be visible to users of the online

database or electronic application.

2. A person may not deface, take down, destroy posting signs, or post property without

the permission of the owner or an individual authorized by the owner.

3. Even if the conduct of the owner or individual authorized by the owner varies from the

provisions of subsection 1, an individual may be found guilty of violating section

20.1-01-18 if the owner or individual authorized by the owner substantially complied

with subsection 1 and notice against hunting or trespassing is clear from the

circumstances.
N.D. Cent. Code § 20.1-12-10 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-10
20.1-12-10. Administrative Agencies Practice Act to apply
Status: in_force

20.1-12-10. Administrative Agencies Practice Act to apply

The provisions of chapter 28-32 apply to this chapter.
N.D. Cent. Code § 20.1-15-11 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-11
20.1-15-11. Interpretation of chemical tests
Status: in_force

20.1-15-11. Interpretation of chemical tests

Upon the trial of any action or proceeding arising out of acts alleged to have been

committed by any individual while being afield with a gun or other firearm or a bow and arrow

while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the

amount of alcohol concentration or presence of other drugs, or a combination thereof, in the

individual's blood, breath, or urine at the time of the act alleged as shown by a chemical

analysis of the blood, breath, or urine is admissible. For the purpose of this section:

1. An individual having, at that time, an alcohol, other drug, or a combination thereof

concentration of not more than five one-hundredths of one percent by weight is

presumed not to be under the influence of intoxicating liquor, drugs, or a combination

thereof.

2. Evidence that there was at that time more than five one-hundredths of one percent by

weight alcohol, other drug, or a combination thereof concentration in an individual is

relevant evidence, but it is not to be given prima facie effect in indicating whether the

individual was under the influence of intoxicating liquor, drugs, or a combination

thereof.

3. An individual having 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

a chemical test within two hours after being afield with a gun or other firearm or a bow

and arrow is under the influence of intoxicating liquor, drugs, or a combination thereof

at the time of being afield with a gun or other firearm or bow and arrow.

4. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of

blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams

of alcohol per sixty-seven milliliters of urine.

5. The results of the chemical test must be received in evidence when it is shown that the

sample was properly obtained and the test was fairly administered, and if the test is

shown to have been performed according to methods and with devices approved by

the director of the state crime laboratory or the director's designee, and by an

individual possessing a certificate of qualification to administer the test issued by the

director of the state crime laboratory or the director's designee. The director of the

state crime laboratory or the director's designee is authorized to approve satisfactory

devices and methods of chemical tests and determine the qualifications of individuals

to conduct such tests, and shall issue a certificate to every qualified operator. An

operator shall exhibit the certificate upon demand of the individual requested to take

the chemical test.

6. The director of the state crime laboratory or the director's designee may appoint, train,

certify, and supervise field inspectors of breath testing equipment and its operation,

and the inspectors shall report the findings of any inspection to the director of the state

crime laboratory or the director's designee for appropriate action. Upon approval of the

methods or devices, or both, required to perform the tests and the individuals qualified

to administer them, the director of the state crime laboratory or the director's designee

shall prepare, certify, and electronically post a written record of the approval with the

state crime laboratory division of the attorney general at the attorney general website,

and shall include in the record:

a. An annual register of the specific testing devices currently approved, including

serial number, location, and the date and results of last inspection.

b. An annual register of currently qualified and certified operators of the devices,

stating the date of certification and its expiration.

c. The operational checklist and forms prescribing the methods currently approved

by the director of the state crime laboratory or the director's designee in using the

devices during the administration of the tests.

d. The certified records electronically posted under this section may be

supplemented when the director of the state crime laboratory or the director's

designee determines it to be necessary, and any certified supplemental records

have the same force and effect as the records that are supplemented.

e. The state crime laboratory shall make the certified records required by this

section available for download in a printable format on the attorney general

website.

7. Copies of the state crime laboratory certified records referred to in subsections 5 and 6

that have been electronically posted with the state crime laboratory division of the

attorney general at the attorney general website must be admitted as prima facie

evidence of the matters stated in the records.

8. A certified copy of the analytical report of a blood or urine test issued by the director of

the state crime laboratory or the director's designee must be accepted as prima facie

evidence of the results of a chemical test performed under this chapter.

9. Superseded by N.D.R.Ev., Rule 707.

10. A signed statement from the individual medically qualified to draw the blood sample for

testing as set forth in subsection 5 is prima facie evidence that the blood sample was

properly drawn and no further foundation for the admission of this evidence may be

required.
N.D. Cent. Code § 20.1-12-07 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-07
20.1-12-07. Guest register and records to be maintained
Status: in_force

20.1-12-07. Guest register and records to be maintained

Each shooting preserve operator shall maintain a guest register listing the guest's name and

address, the date on which the guest hunted, and the number of game birds and species taken,

with wild birds and operator-released birds listed separately. A record must also be maintained

by each shooting preserve operator of the source of game released in the operator's preserve,

the date of release, and the number and kind of game bird or species released. The records

required by this section must be open for inspection by the director, the director's

representative, or any law enforcement officer at any reasonable time.
N.D. Cent. Code § 20.1-13-01 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-01
20.1-13-01. General penalty
Status: in_force

20.1-13-01. 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 § 20.1-01-08 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-08
20.1-01-08. Hunting with artificial light prohibited - Exception
Status: in_force

20.1-01-08. Hunting with artificial light prohibited - Exception

It is unlawful for an individual to pursue, shoot, kill, take, or attempt to take any wildlife

between sunset of one day and sunrise of the next, with the aid of a spotlight or any other

artificial light except:

1. At any time throughout the year, an individual or the individual's agent may use a

lantern, spotlight, night vision, thermal vision, infrared light, or other artificial light to

assist the individual in pursuing and shooting on the individual's premises any coyote,

fox, skunk, mink, raccoon, beaver, weasel, rabbit, or other predatory animal attempting

to destroy the individual's poultry, livestock, or other property; and

2. An individual may use an artificial light, night vision, thermal vision, or infrared light

with a power source of not more than six volts while hunting afoot for coyote, fox,

raccoon, or beaver during the open season on the animal. The artificial light must

produce a red, green, or amber color when used in the hunting of coyote, fox, raccoon,

or beaver, except when taking a raccoon treed or at bay.
N.D. Cent. Code § 20.1-03-10.1 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-10.1
20.1-03-10.1. Trout and salmon license stamp
Status: repealed

20.1-03-10.1. Trout and salmon license stamp

Repealed by S.L. 1995, ch. 231, § 2.
N.D. Cent. Code § 20.1-02-05.1 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-05.1
20.1-02-05.1. Land acquisitions - Statewide land acquisition plan
Status: in_force

20.1-02-05.1. Land acquisitions - Statewide land acquisition plan

1. The director shall establish a comprehensive statewide land acquisition plan, subject

to approval by the legislative assembly or the budget section if the legislative assembly

is not in session. Every land acquisition made by the department exceeding ten acres

[4.05 hectares] or ten thousand dollars must be approved by the legislative assembly

or the budget section if the legislative assembly is not in session. Any request

considered by the budget section must comply with section 54-35-02.9.

2. Before a land acquisition, the department shall have the land in question appraised by

a certified appraiser. The department may not acquire any land for an amount that

exceeds the appraised value except for parcels or tracts of land less than forty acres

[16.19 hectares] which may be acquired for up to two hundred percent of the

appraised value.

3. Before the appraisal, the director shall give notice of the intent to purchase to every

landowner within one mile [1.16 kilometers] of the boundary of the land to be

appraised unless the landowner is within the boundary of a city, then the director shall

send notice to the governing body of the city or unless the landowner is within the

geographical boundary of a rural subdivision where the lots are ten acres [4.04

hectares] or less, then the director shall send notice to the governing body of the

township or other governing authority for the rural subdivision. The director shall send

notice to the board of county commissioners in the county of the land to be appraised,

the board of township supervisors if the land to be appraised is in an organized

township, and the governing body of a city within twelve miles [19.32 kilometers] of the

boundary of the land to be appraised. The director shall publish notice in the official

newspaper of the county of the land to be appraised, once a week for two consecutive

weeks. The notice must contain the amount of acreage, the legal description, and the

fact that the department intends to purchase the land.
N.D. Cent. Code § 20.1-15-09 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-09
20.1-15-09. Judicial review
Status: in_force

20.1-15-09. Judicial review

Any person whose hunting privileges have been suspended, revoked, or denied by the

decision of the hearing officer under section 20.1-15-08 may appeal within seven days after the

date of the hearing under section 20.1-15-08 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 § 20.1-06-10 — ND Code / Title 20.1 / Chapter 20.1-06 / Section 20.1-06-10
20.1-06-10. Commercial sales of fish
Status: in_force

20.1-06-10. Commercial sales of fish

No sale, barter, or trading of fish abounding in any waters of this state shall be legal except

that:

1. Persons authorized by section 20.1-06-05 may sell fish as directed by the director.

2. Any person, firm, corporation, or limited liability company peddling fish may do so only

after obtaining a license issued by the director upon payment of the required annual

fee. The person, firm, corporation, or limited liability company shall keep a full and

complete record of the source of fish as prescribed by the director.

3. Any person, firm, corporation, or limited liability company operating 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, may sell fish from its

permanent location without obtaining a license, but must keep records of purchases.

4. Any person operating a private fish hatchery may sell fish owned or raised for market

or for stocking waters.
N.D. Cent. Code § 20.1-03-11.1 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-11.1
20.1-03-11.1. Combination license - Director authorized to establish
Status: in_force

20.1-03-11.1. Combination license - Director authorized to establish

The director may establish a combination license consisting of a general game license,

resident fishing license, resident small game license, habitat stamp, and fur-bearer license.
N.D. Cent. Code § 20.1-03-11.4 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-11.4
20.1-03-11.4. Deer lottery license fee donation to private land open to sportsmen option
Status: in_force

20.1-03-11.4. Deer lottery license fee donation to private land open to sportsmen

option.

The director shall provide that each application for a deer lottery license contain the option

for an unsuccessful applicant to donate the license fee to the private land open to sportsmen

program. All moneys collected under this section must be placed in the game and fish private

land habitat and access improvement fund and allocated to the private land open to sportsmen

program.
N.D. Cent. Code § 20.1-03-01.4 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-01.4
20.1-03-01.4. Additional education requirement for bowhunters - Standards - Penalty
Status: in_force

20.1-03-01.4. Additional education requirement for bowhunters - Standards - Penalty

Expired under S.L. 1993, ch. 228, § 2.
N.D. Cent. Code § 20.1-03-41 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-41
20.1-03-41. Director's powers for immediate suspension
Status: in_force

20.1-03-41. Director's powers for immediate suspension

If the director determines by clear and convincing evidence that a substantial violation of

state or federal criminal hunting, fishing, or trapping laws of this chapter by a guide or outfitter

has occurred, the director may suspend, revoke, or deny a guide or outfitter license to the

person violating the laws or provisions. In such a case, a hearing must be held within ten days

of the director's intended action and the person must be given notice of the hearing. The person

may waive the hearing after having been notified of the person's right to a hearing, in which

case the action of the director takes effect upon signing the waiver. The director may serve

notice of the hearing by publication if reasonable efforts to make personal service have failed.
N.D. Cent. Code § 20.1-03-35 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-35
20.1-03-35. Social security number to be furnished
Status: in_force

20.1-03-35. Social security number to be furnished

The social security number of an applicant for any license or permit issued under this

chapter must be recorded on the application unless the applicant is a foreign national to whom

no social security number has been issued. A social security number recorded under this

section is confidential. Beginning on January 1, 2008, any application that is printed in paper

form for a resident or nonresident fishing, hunting, or fur-bearer certificate must be printed in a

manner so that only the last four digits of the applicant's social security number are recorded on

the application, and the first five digits of the applicant's social security number are not recorded

on the application.
N.D. Cent. Code § 20.1-08-04.3 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.3
20.1-08-04.3. Governor's proclamation concerning fishhouses
Status: in_force

20.1-08-04.3. Governor's proclamation concerning fishhouses

The governor may by proclamation prescribe those areas where a fishhouse, used or to be

used while ice fishing, or a dark house, used or to be used for spearfishing, is permitted. Such

proclamation may set forth the dates during which fishhouses or dark houses may be used or

that date by which fishhouses or dark houses must be removed from the ice.
N.D. Cent. Code § 20.1-15-06 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-06
20.1-15-06. Revocation of privilege to hunt upon refusal to submit to testing
Status: in_force

20.1-15-06. Revocation of privilege to hunt upon refusal to submit to testing

1. If a person refuses to submit to testing under this chapter, no chemical test may be

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

statement of intent to revoke, suspend, or deny hunting privileges and take possession

of the person's hunting license if it is then available. The issuance of a statement of

intent to revoke, suspend, or deny hunting privileges and the taking of possession of

the person's hunting license serves as the director's official notification to the person of

the director's intent to revoke hunting privileges in this state and of the hearing

procedures under this chapter. The director, upon the receipt of that person's hunting

license and a 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 and taking possession of the person's hunting

license, showing that the warden or officer had reasonable grounds to believe the

person had been afield with a gun or other firearm or a bow and arrow while in

violation of section 20.1-01-06 or, for purposes of section 20.1-15-15, had reason to

believe and had, through personal observations, formulated an opinion that the

person's body contains alcohol, other drugs, or a combination thereof, that the person

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

chemical test under this chapter, shall revoke that person's hunting privileges for the

appropriate period under this section, or if the person is without hunting privileges in

this state, the director shall deny to the person hunting privileges for the appropriate

period under this section after the date of the alleged violation, subject to the

opportunity for a prerevocation hearing and postrevocation review as provided in this

chapter. In the revocation of the person's hunting privileges the director shall give

credit for time in which the person was without hunting privileges after the day of the

person's refusal to submit to the chemical test. The period of revocation or denial of

hunting privileges under this section is:

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

most recent refusal under this section, the person's hunting privileges have not

previously been suspended, revoked, or issuance of a license denied for a

violation of this chapter or section 20.1-01-06.

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

most recent refusal under this section, the person's hunting privileges have been

once previously suspended, revoked, or issuance of a license denied for a

violation of this chapter or section 20.1-01-06.

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

most recent refusal under this section, the person's hunting privileges have at

least twice previously been suspended, revoked, or issuance of a license denied

under this chapter or for a violation of section 20.1-01-06 and the suspensions,

revocations, or denials resulted from at least two separate arrests.

2. A person's hunting privileges are not subject to revocation under this section if:

a. No administrative hearing request is made under section 20.1-15-08;

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 and takes

possession of that person's hunting license. The affidavit must state that the

person:

(1) Intends to voluntarily plead guilty to violating section 20.1-01-06 within

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

the statement of intent and takes possession of the person's hunting license;

(2) Agrees that the person's hunting privileges must be suspended;

(3) Acknowledges the right to a section 20.1-15-08 administrative hearing and

section 20.1-15-09 judicial review and voluntarily and knowingly waives

these rights; and

(4) Agrees that the person's hunting privileges must be revoked 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 and takes

possession of the person's hunting license, or the court does not accept the

guilty plea, or the guilty plea is withdrawn;

c. The person pleads guilty to violating section 20.1-01-06 within twenty-five days

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

and takes possession of the person's hunting license;

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 takes possession of the person's hunting

license; 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 return or

reinstatement of the person's hunting privileges.

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

violating section 20.1-01-06 to the director within ten days after it is ordered. Upon

receipt of the order, the director immediately shall revoke the person's hunting

privileges as provided under this section without providing an administrative hearing.
N.D. Cent. Code § 20.1-09-05 — ND Code / Title 20.1 / Chapter 20.1-09 / Section 20.1-09-05
20.1-09-05. Sale, collection, and transportation of birds, animals, and eggs held for propagation - Director's consent necessary
Status: in_force

20.1-09-05. Sale, collection, and transportation of birds, animals, and eggs held for

propagation - Director's consent necessary.

Protected birds or animals held for propagation and domestication under a permit may be

sold or transported live for propagation purposes. Their eggs may be collected, sold, or

transported during seasons the director prescribes. All collections, sales, and shipments must

be with the director's written permission. Protected birds or animals raised in North Dakota

under a propagation permit may be disposed of, with the director's written permission, at times

the director may prescribe. The carcasses of these birds or animals may be disposed of as food

when properly identified by a suitable tag or seal furnished by the director.
N.D. Cent. Code § 20.1-03-01.2 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-01.2
20.1-03-01.2. Instruction required before issuance of hunting license - Age limits - Penalty
Status: in_force

20.1-03-01.2. Instruction required before issuance of hunting license - Age limits -

Penalty.

No person born after December 31, 1961, except as provided in section 20.1-03-01.3, may

be issued any hunting license in this state unless that person submits or exhibits the certificate

of completion earned by that person for successful completion of the course of instruction

required by sections 20.1-03-01.1 through 20.1-03-01.3 or the person submits or exhibits a prior

North Dakota hunting license issued to that person with that person's hunter education

certificate number on the license. A certificate of completion issued by any other state or

province of Canada is valid for all purposes. Any person who purchases a hunting license

without successfully completing the course of instruction required by sections 20.1-03-01.1

through 20.1-03-01.3 is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-01-13 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-13
20.1-01-13. Aiding in concealment of game unlawfully taken or possessed - Unlawful
Status: in_force

20.1-01-13. Aiding in concealment of game unlawfully taken or possessed - Unlawful

No person may knowingly aid or assist in the concealment of any game that has been

unlawfully taken or that is unlawfully possessed.
N.D. Cent. Code § 20.1-02-09 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-09
20.1-02-09. Supervision of chief game warden by director - Records - Reports
Status: in_force

20.1-02-09. Supervision of chief game warden by director - Records - Reports

The chief game warden is 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. The chief

game warden shall keep a complete and correct record, in a format authorized by the director,

of all the chief game warden's transactions and of the name of each person violating the game

and fish laws; the date of that person's arrest, if applicable; the amount of the fine and costs

imposed upon and paid by each person; and the name of the judge before whom that person

appeared. The record, when requested, must be open to inspection by the public. The chief

game warden shall make a full report to the director within thirty days after the end of each

calendar year.
N.D. Cent. Code § 20.1-02-12 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-12
20.1-02-12. Bond of deputy game wardens
Status: repealed

20.1-02-12. Bond of deputy game wardens

Repealed by S.L. 1999, ch. 113, § 24.
N.D. Cent. Code § 20.1-16-02 — ND Code / Title 20.1 / Chapter 20.1-16 / Section 20.1-16-02
20.1-16-02. Department authorization to effect purposes of compact
Status: in_force

20.1-16-02. Department authorization to effect purposes of compact

1. The department shall enforce the interstate wildlife violator compact and shall do all

things within the department's jurisdiction that are appropriate in order to effectuate the

purposes and the intent of the compact.

2. The department, in consultation with the chairman of the legislative management, is

authorized on behalf of the state to enter or withdraw from the interstate wildlife

violator compact pursuant to the terms of article 8 of the compact.

3. The department, in consultation with the chairman of the legislative management, is

authorized to adopt amendments to the interstate wildlife violator compact pursuant to

the terms of article 9 of the compact.
N.D. Cent. Code § 20.1-11-10 — ND Code / Title 20.1 / Chapter 20.1-11 / Section 20.1-11-10
20.1-11-10. Director to mark game farms, refuges, management areas, breeding and resting places - Destroying or defacing signs unlawful
Status: in_force

20.1-11-10. Director to mark game farms, refuges, management areas, breeding and

resting places - Destroying or defacing signs unlawful.

The director shall mark all game farms, state game refuges, game or fish management

areas, breeding grounds, and resting places under the director's protection. No person may

mutilate, destroy, tear or pull down, or shoot at any designating mark or other special or general

warning sign or card.
N.D. Cent. Code § 20.1-02-16.6 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-16.6
20.1-02-16.6. Motorboat programs and safety account - Transfer from highway tax distribution fund
Status: in_force

20.1-02-16.6. Motorboat programs and safety account - Transfer from highway tax

distribution fund.

Each year in the month of July the state treasurer shall transfer from the highway tax

distribution fund, before allocation of the fund under section 54-27-19, to the motorboat

programs and safety account an amount equal to two dollars and fifty cents multiplied by the

number of motorboats licensed with the game and fish department as of July first of that year.
N.D. Cent. Code § 20.1-01-29 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-29
20.1-01-29. Hearing procedures
Status: in_force

20.1-01-29. Hearing procedures

1. If a person cited for a violation that is designated as a noncriminal offense in this title

or in related rules or proclamations does not choose to follow one of the procedures

set forth in section 20.1-01-28, that person may request a hearing on the issue of the

commission of the violation charged. The hearing must be held at the time scheduled

in the citation or at some future time, not to exceed ninety days later, set at that first

appearance.

2. At the time of a request for a hearing on the issue of commission of the violation, the

person charged shall deposit with the court an appearance bond equal to the statutory

fee for the violation charged.

3. The state must prove the commission of a charged violation at the hearing under this

section by a preponderance of the evidence. If, after a hearing, the court finds that the

person had committed a noncriminal violation of this title or of related proclamations or

rules, the court shall notify the department within ten days of the date of hearing.
N.D. Cent. Code § 20.1-13.1-04 — ND Code / Title 20.1 / Chapter 20.1-13.1 / Section 20.1-13.1-04
20.1-13.1-04. Consent of person incapable of refusal not withdrawn
Status: in_force

20.1-13.1-04. 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

20.1-13.1-01 and the chemical test may be given.
N.D. Cent. Code § 20.1-02-18.2 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-18.2
20.1-02-18.2. Negotiation of leases, easements, and servitudes for wildlife production purposes
Status: in_force

20.1-02-18.2. Negotiation of leases, easements, and servitudes for wildlife production

purposes.

A landowner may negotiate the terms of a lease, easement, or servitude for land, wetland,

or water areas sought to be acquired by the United States department of the interior, its bureaus

or agencies, with moneys from the migratory bird conservation fund [16 U.S.C.718d ] for use as

waterfowl production areas, wildlife refuges, or for other wildlife purposes. A landowner may:

1. Negotiate the time period of the lease, easement, or servitude being sought; however,

the duration of an easement for a waterfowl production area acquired by the federal

government, and consented to by the governor or appropriate state agency after

July 1, 1985, may not exceed fifty years.

2. Restrict a lease, easement, or servitude by legal description to the land, wetland, or

water areas being sought, and may drain any after-expanded wetland or water area in

excess of the legal description in the lease, easement, or servitude.
N.D. Cent. Code § 20.1-16-04 — ND Code / Title 20.1 / Chapter 20.1-16 / Section 20.1-16-04
20.1-16-04. Suspension of privileges for failure to comply with citation issued in participating state - Penalty
Status: in_force

20.1-16-04. Suspension of privileges for failure to comply with citation issued in

participating state - Penalty.

1. The department may suspend the hunting, trapping, or fishing privileges of any

resident of this state upon notification from the licensing authority of an issuing state

that the resident has failed to comply with the terms of a citation issued for a wildlife

violation. The suspension remains in effect until the department receives satisfactory

evidence of compliance from the issuing state.

2. Notice of the suspension must be sent to the resident, who shall surrender all current

North Dakota hunting, trapping, or fishing licenses to the department within ten days.

3. A person who hunts, traps, or fishes, who applies for or purchases licenses or permits,

or who refuses to surrender any current hunting, trapping, or fishing licenses in

violation of this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 20.1-12-04 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-04
20.1-12-04. Types of game that may be hunted on shooting preserve - Identification of game
Status: in_force

20.1-12-04. Types of game that may be hunted on shooting preserve - Identification of

game.

Game birds that may be stocked on a shooting preserve and hunted under this chapter

must be artificially propagated pheasants, quail, partridges, turkeys, prairie chickens, and any

other species allowed by the director. The director shall determine the minimum stock of each

species to be hunted and released on the permit area during the shooting preserve season. All

game birds propagated, possessed, or released on a shooting preserve must have one front toe

or one hind toe on either foot removed back to the first joint, including the nail, before becoming

six weeks of age. An antipecking device affixed to the bird before it is six weeks old and worn by

the bird until it is at least fifteen weeks old is acceptable in lieu of toe clipping if the antipecking

device leaves a permanent, easily identifiable mark through the nares.
N.D. Cent. Code § 20.1-13-05 — ND Code / Title 20.1 / Chapter 20.1-13 / Section 20.1-13-05
20.1-13-05. Equipment - Penalty
Status: in_force

20.1-13-05. Equipment - Penalty

1. Every vessel must have aboard:

a. If equipped with a marine toilet or other similar device for the disposition of

sewage or other wastes, only that type of marine toilet equipped with a treatment

device meeting standards established by the department of environmental quality.

The department of environmental quality shall furnish a list of the types of

treatment devices currently available and considered acceptable for use with

marine toilets under this subdivision. No person owning or operating a vessel

upon the waters of this state may use, operate, or permit the use or operation of

any marine toilet or similar device unless it is approved under this subdivision. No

person may discharge into the waters of this state, directly or indirectly from a

vessel, any untreated sewage or other wastes. No container of untreated sewage

or other wastes may be placed, left, discharged, or caused to be placed, left, or

discharged in or near any waters of this state from a vessel in such a manner or

quantity as to create a nuisance or health hazard, or pollute such waters.

b. Such additional equipment designed to promote the safety of navigation and of

persons as the game and fish department may find appropriate and for which it

has provided in its rules.

2. No person may operate or give permission for the operation of a vessel that is not

equipped as required by this section.

3. Any person who violates this section is guilty of a class 2 noncriminal offense.
N.D. Cent. Code § 20.1-08-04.11 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.11
20.1-08-04.11. Governor's executive order or proclamation declaring animal health emergency
Status: in_force

20.1-08-04.11. Governor's executive order or proclamation declaring animal health

emergency.

In accordance with chapter 37-17.1, the governor may declare an animal health emergency

upon determining that the wildlife of this state are at risk from diseases imported by foreign

animals, a foreign animal disease, bioterrorism event, or an emerging animal disease. Upon the

declaration of an animal health emergency the governor, after consultation with the state

veterinarian or state board of animal health, may order the sampling, destruction, and

disposition of wildlife populations, as the governor deems necessary to abate the animal health

emergency.
N.D. Cent. Code § 20.1-03-07.2 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-07.2
20.1-03-07.2. Nonresident youth hunting licenses
Status: in_force

20.1-03-07.2. Nonresident youth hunting licenses

A nonresident youth who is less than sixteen years of age may purchase a general game

hunting license and may hunt small game and waterfowl except swans and wild turkeys. To be

eligible to purchase a license under this section, a nonresident youth must possess a certificate

of completion for a certified hunter education course. The nonresident youth may hunt only

under the supervision of an adult family member or legal guardian. A nonresident youth may

hunt during the entire youth and regular small game and waterfowl seasons. This section does

not apply to the hunting of big game or to a license issued by lottery.
N.D. Cent. Code § 20.1-01-22.1 — ND Code / Title 20.1 / Chapter 20.1-01 / Section 20.1-01-22.1
20.1-01-22.1. Hunting on utility lines prohibited
Status: in_force

20.1-01-22.1. Hunting on utility lines prohibited

No person may hunt birds resting on utility lines or fixtures adjacent to such lines.
N.D. Cent. Code § 20.1-15-14 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-14
20.1-15-14. Liability
Status: in_force

20.1-15-14. Liability

Any individual medically qualified to draw blood or any licensed physician, nurse,

technician, or an employee of a hospital who draws blood from any person pursuant to a

request of any arresting warden or officer is not liable in any civil action for damages arising out

of the act except for gross negligence.
N.D. Cent. Code § 20.1-15-01 — ND Code / Title 20.1 / Chapter 20.1-15 / Section 20.1-15-01
20.1-15-01. Implied consent to determine alcohol concentration and presence of drugs
Status: in_force

20.1-15-01. Implied consent to determine alcohol concentration and presence of

drugs.

Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to

have given consent, and shall consent, subject to this chapter, to a chemical test 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,

"drug" means any drug or substance or combination of drugs or substances which renders an

individual incapable of safely hunting or being afield with a gun or other firearm or a bow and

arrow, 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

20.1-15-04, under arrest and informing that individual that the individual is or will be charged

with the offense of being afield with a gun or other firearm or a bow and arrow 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 a

revocation for up to four years of the individual's hunting privileges. 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 20.1-01-06, 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 § 20.1-08-04.1 — ND Code / Title 20.1 / Chapter 20.1-08 / Section 20.1-08-04.1
20.1-08-04.1. Governor's proclamation concerning the hunting of bighorn sheep - Certain license recipients not eligible to apply again
Status: in_force

20.1-08-04.1. Governor's proclamation concerning the hunting of bighorn sheep -

Certain license recipients not eligible to apply again.

The governor may by proclamation provide for a season to hunt bighorn sheep in the

manner, number, places, and times as the governor prescribes. Licenses to hunt bighorn sheep

must be issued by lottery, except special allocation licenses issued under subsection 1 of

section 20.1-05.1-01. Upon payment of the nonrefundable application fee required by section

20.1-03-12.2, a nonresident may participate in the state lottery. One license to hunt bighorn

sheep may be issued to a nonresident participating in the state lottery. If a nonresident is issued

a license to hunt bighorn sheep, no other nonresident may be issued a license to hunt bighorn

sheep through the state lottery. If all of the licenses to hunt bighorn sheep made available

through the state lottery are issued to residents, then a nonresident is not eligible to be issued a

license to hunt bighorn sheep through the state lottery. Individuals who receive a license

through the raffle or auction may not transfer the license. Individuals may participate in the state

lottery and the raffle or auction under subsection 4 of section 20.1-05.1-01, but an individual

may not receive more than one license in any one year. An individual may only receive one

license to hunt bighorn sheep through the state 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 § 20.1-07-03.1 — ND Code / Title 20.1 / Chapter 20.1-07 / Section 20.1-07-03.1
20.1-07-03.1. Use of snares for taking coyotes - Restrictions - Identification - Snare standards
Status: in_force

20.1-07-03.1. Use of snares for taking coyotes - Restrictions - Identification - Snare

standards.

1. The governor shall establish by proclamation an upland snaring season for the taking

of coyotes.

2. No person may set or lay any snare for the purpose of taking coyotes on land

belonging to another private person without receiving written permission from that

person.

3. A person using a snare for the purpose of taking coyotes shall permanently affix with a

metal or plastic tag the registration number issued by the department, or that person's

name, address, and telephone number to each snare being used.

4. The director shall establish and publish in pamphlet form safety standards for snares

used for the taking of coyotes, which will prevent the accidental holding of deer and

other appropriate animals. These standards must be followed by any person using a

snare pursuant to this section.
N.D. Cent. Code § 20.1-02-21 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-21
20.1-02-21. Suspension pending hearing
Status: repealed

20.1-02-21. Suspension pending hearing

Repealed by S.L. 1991, ch. 236, § 1.
N.D. Cent. Code § 20.1-05-01 — ND Code / Title 20.1 / Chapter 20.1-05 / Section 20.1-05-01
20.1-05-01. General penalty
Status: in_force

20.1-05-01. General penalty

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

provided is guilty of a class A misdemeanor.
N.D. Cent. Code § 20.1-17-05 — ND Code / Title 20.1 / Chapter 20.1-17 / Section 20.1-17-05
20.1-17-05. Infested waters - Restricted activities
Status: in_force

20.1-17-05. Infested waters - Restricted activities

The director shall designate a water of the state as an infested water if the director

determines that the water contains a population of an aquatic nuisance species that may spread

to other waters if use of the water and related activities is not regulated to prevent this spread.

In determining which waters are infested with a nuisance species, the director shall consider:

1. The extent of a species distribution within the state;

2. The likely means of spread for a species; and

3. Whether rules specific to infested waters containing a specific species will effectively

reduce that species' spread.
N.D. Cent. Code § 20.1-03-12.1 — ND Code / Title 20.1 / Chapter 20.1-03 / Section 20.1-03-12.1
20.1-03-12.1. Habitat restoration stamp required - Use of revenue - Land purchases not allowed
Status: in_force

20.1-03-12.1. Habitat restoration stamp required - Use of revenue - Land purchases

not allowed.

Except for licenses issued under section 20.1-03-07.3, a habitat restoration stamp is

required for every resident and nonresident general game license for which a stamp fee of

seventeen dollars must be charged. The habitat restoration stamp fee is in addition to the

annual general game license fee charged under section 20.1-03-12. Land may not be

purchased with habitat restoration stamp moneys. All moneys generated by habitat restoration

stamp fees must be placed in the game and fish private land habitat and access improvement

fund with eight dollars of the fee allocated to the private land open to sportsmen program.
N.D. Cent. Code § 20.1-02-02 — ND Code / Title 20.1 / Chapter 20.1-02 / Section 20.1-02-02
20.1-02-02. Oath of director
Status: in_force

20.1-02-02. Oath of director

Before entering upon that individual's duties and within ten days after the date of

appointment, the director shall take and file the oath prescribed for civil officers.
N.D. Cent. Code § 20.1-12-05 — ND Code / Title 20.1 / Chapter 20.1-12 / Section 20.1-12-05
20.1-12-05. Operation of shooting preserve - Season - Search of premises permitted
Status: in_force

20.1-12-05. Operation of shooting preserve - Season - Search of premises permitted

Any guest of a shooting preserve operator may harvest any game bird within the defined

limits of the shooting preserve, subject to this chapter. The shooting preserve operator may

establish that person's own restrictions on the age, sex, and number of each game bird that

may be taken by each guest, and the fee to be paid by each guest. The exterior boundaries of

each shooting preserve must be clearly defined with signs around the extremity at intervals of

three hundred yards [274.32 meters] or less. Each shooting preserve operator and that person's

guest shall comply with and be subject to chapter 20.1-01. Shooting preserve operators may

restrict or set the hours during which game birds may be hunted, subject to gubernatorial

proclamation. The season for shooting preserves may be all or part of the nine-month period

beginning August first and ending April thirtieth of the following year. All permits must be issued

upon the express condition that the permittee agrees that any law enforcement officer or any

representative of the director may enter and search the premises or any part thereof at any

reasonable time to ensure compliance with state laws and the director's rules.