reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-10 - Disclosure of conflict of interest

Current through Supplement No. 393, July, 2024
Registrants shall make full prior disclosures to their
				  employers or clients of all known or potential conflicts of interest that could
				  influence or appear to influence their judgment or the quality of their
				  services to either their employer or their clients.
1. If the employer or client objects to such
				an association or financial interest, the registrant shall either terminate the
				association or interest or offer to give up the employment.
2. Registrants serving as members, advisors,
				or employees of a governmental body or department, who are the principals or
				employees of a private concern, shall not participate in decisions with respect
				to professional services offered or provided by said concern to the
				governmental body that they serve.
3. Registrants shall not solicit or accept a
				professional contract from a governmental body on which a principal or officer
				of their organization serves as a member.
4. A registrant shall not accept employment
				when duty to the client or the public would conflict with the personal interest
				of the registrant or the interest of another client and would influence the
				registrant's judgment or the quality of the registrant's
				services.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-11 - Compensation from other parties

Current through Supplement No. 393, July, 2024
The registrant will not accept compensation, financial or otherwise, from more than one interested party for the same service. The registrant:
1. Will not accept financial or other considerations, including free engineering designs or land surveying plans, from material or equipment suppliers for specifying their product.
2. Will not accept commissions or allowances, directly or indirectly, from contractors or other parties dealing with the registrant's clients or employer in connection with work for which the engineer or land surveyor is responsible.
3. Shall not solicit or accept gratuities, gifts, travel, lodging, loans, entertainment, or other favors, directly or indirectly, from contractors, their agents, or other third parties dealing with a client or employer in connection with work for which the registrant is responsible, which can be determined to be an effort to improperly influence the registrant's professional judgment. Minor expenditures such as advertising trinkets, novelties, and meals are excluded. Neither shall a registrant make any such improper offer.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-12 - Solicitation of work

Current through Supplement No. 393, July, 2024
A registrant shall seek and engage in only the professional work or employment the professional is competent and qualified to perform by reason of education, training, or experience.
1. A registrant shall not falsify or misrepresent the extent of the registrant's education, training, experience, or qualifications to any person or to the public or misrepresent the extent of the registrant's responsibility in connection with any prior employment or projects.
2. A registrant shall not transmit, distribute, or publish or allow to be transmitted, distributed, or published, any false or misleading information regarding the registrant's own qualifications, training, or experience or that of the registrant's employer, employees, associates, or joint venturers.
3. Registrants shall not offer, give, solicit, or receive, either directly or indirectly, any political contribution in an amount intended to influence the award of a contract by public authority, or which may be reasonably construed by the public of having the effect or intent to influence the award of a contract.
4. Registrants shall not pay a commission, percentage, or brokerage fee in order to secure work except to a bona fide employee.
5. A registrant shall not tender any gift, pay, or offer to pay, directly or indirectly, anything of substantial value, whether in the form of a commission or otherwise, as an inducement to secure employment. A registrant is not prohibited from paying a commission to an employment agency for securing a position.
6. A registrant shall not knowingly seek or accept employment for professional services for an assignment for which another registrant is employed or contracted to perform. This prohibition shall not preclude a registrant from responding to a client-initiated or owner-initiated solicitation.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-13 - Reporting of unethical or illegal practice

Current through Supplement No. 393, July, 2024
A registrant who has knowledge or reasonable grounds for believing that another registrant has violated any statute or rule regulating the practice of the profession shall have the duty of presenting such information to the board.
1. A registrant possessing knowledge of a violation shall report such knowledge to the board in writing and shall cooperate with the board in furnishing such further information or assistance as it may require.
2. A registrant, when questioned concerning any alleged violation on the part of another person by any member or authorized representative of the board commissioned or delegated to conduct an official inquiry, shall neither fail nor refuse to divulge such information as the registrant may have relative thereto.
3. Registrants must notify the board within thirty days if another state has disciplined them with a reprimand, censure, suspension, temporary suspension, probation, revocation, or refusal to renew a license, or if they have voluntarily surrendered their license as part of a settlement proceeding.
4. If a registrant, during the course of the registrant's work, discovers a material discrepancy, error, or omission in the work of another registrant, which may impact the life, health, property, and welfare of the public, the discoverer shall make a reasonable effort to inform, in writing, the registrant whose work is believed to contain the discrepancy, error, or omission. Such communication shall reference specific codes, standards, or physical laws that are believed to be violated and identification of documents that are believed to contain the discrepancies. The registrant whose work is believed to contain the discrepancy shall respond in writing within thirty calendar days to any question about the work raised by another registrant. Failure to respond on the part of the registrant whose work is believed to contain the discrepancy shall be considered a violation of these rules. The discoverer shall notify the board in the event a response satisfactory to the discoverer is not obtained within thirty days.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-14 - Professional relationships

Current through Supplement No. 393, July, 2024
The registrant shall not knowingly associate professionally with or allow the use of one's name with persons not legally qualified to render the professional services for which the association is intended.
1. Registrants in private practice shall not review the work of another registrant for the same client, except with the knowledge of such registrant, or unless the connection of such registrant with the work has been terminated. This prohibition shall not preclude a registrant from responding to a client-initiated or owner-initiated solicitation for a second opinion.
2. Registrants in governmental, industrial, or educational employment may review and evaluate the work of other registrants when so required by their employment duties.
3. Registrants in sales or industrial employment may make engineering comparisons of represented products with products of other suppliers.
4. Registrants shall not use association with a nonregistrant, a corporation, or partnership, as a cloak for unethical acts.
5. The registrant shall not furnish limited services in such a manner as to enable unregistered persons to evade:
a. Federal, state, and local laws and regulations, including building permit requirements; or
b. Registration requirements.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-15 - Proprietary interests of others

Current through Supplement No. 393, July, 2024
1. Whenever
				possible, the registrant will name the person or persons who may be
				individually responsible for designs, inventions, writings, or other
				accomplishments.
2. Designs
				supplied by a client remain the property of the client and should not be
				duplicated by the registrant for others without express permission.
3. Before undertaking work for others in
				which the registrant may make improvements, plans, designs, inventions, or
				other records that may justify copyrights or patents, the registrant should
				enter into an agreement regarding the ownership of the improvements, plans,
				designs, inventions, or other records.
4. All files of an employer of the registrant
				are the property of the employer and may not be retained, removed, or copied by
				the registrant upon termination of the registrant's employment unless the
				employer specifically consents otherwise in writing. The files of an employer
				include all of the employer's records; data; research materials; copies of
				contracts; requests for proposals; proposals; plans, including preliminary
				plans, specifications, and drawings; client lists; client information; billing
				or financial information; notes; research materials; historical or background
				materials; copies of sample specifications, contracts, or documents; and
				computer data banks of any kind. If the registrant has any of the employer's
				files before termination of employment in any form or format, including actual
				physical copies or on computer memory storage devices, the registrant shall
				return or destroy such files immediately upon termination of employment unless
				otherwise instructed or agreed upon by the employer.
General Authority:
NDCC 43-19.1-08
Law Implemented:
NDCC
					 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-17 - Professional conduct

Current through Supplement No. 393, July, 2024
1. Registrants shall indicate any reservation on a reference for an applicant if they have reason to believe the applicant is unqualified by education, training, or experience to become licensed. The registrant's opinion shall be based on the qualifications a reasonable and prudent professional would require an applicant to possess.
2. A registrant shall not submit a materially false statement or fail to disclose a material fact requested in connection with the application for certification or licensure in this state or any other state.
3. Registrants shall comply with the licensure laws and rules governing their professional practice in any United States jurisdiction.
4. A registrant shall not further the application for certification or licensure of another person known by the registrant to be unqualified in respect to character, education, or other relevant factor.
General Authority: NDCC 43-19.1-08
Law Implemented: NDCC 43-19.1-24
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-03.1 - Rules of Professional Conduct › Chapter 28-03.1-01 - Code of Ethics › Section 28-03.1-01-18 - Public understanding and professional enhancement

Current through Supplement No. 393, July, 2024
Sections 28-03.1-01-01 through 28-03.1-01-17 of this code of ethics are requirements of professional conduct and noncompliance with any of those sections is subject to disciplinary action. To enhance the professions of engineering and land surveying, the board also encourages, but does not require, a registrant to:
1. Seek opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health, and well-being of the registrant's community.
2. Cooperate in extending the effectiveness of the profession by interchanging information and experience with other engineers or land surveyors and students.
3. Extend public knowledge and appreciation of engineering or land surveying and its achievements and to protect the profession from misrepresentation and misunderstanding.
4. Maintain interest in the public welfare and be ready to apply the registrant's special knowledge, skill, and training for the use and benefit of the public.
5. Seek opportunities to provide career guidance for youths.
6. Provide opportunity for the professional development and advancement of engineers or land surveyors under the registrant's supervision by:
a. Encouraging efforts to improve the registrant's education.
b. Encouraging attendance and presentation of papers at professional and technical society meetings.
c. Promoting professional registration at the earliest possible date.
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-04 - Continuing Professional Competency › Chapter 28-04-01 - Continuing Education › Section 28-04-01-01 - Purpose

Current through Supplement No. 393, July, 2024
The purpose of mandatory continuing education is to reinforce the need for lifelong learning in order to stay current with everchanging technology, equipment, procedures, processes, tools, and established standards. Qualifying activities must have a clear purpose and objective that will maintain, improve, or expand the skills and knowledge relevant to the registrant's field of practice. Registrants are encouraged to select meaningful activities that will be of benefit in the pursuit of their chosen fields.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-04 - Continuing Professional Competency › Chapter 28-04-01 - Continuing Education › Section 28-04-01-02 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning as in North Dakota Century Code chapter  43-19.1 and North Dakota Administrative Code section 28-01-02.1-07. Additional terms are:
1. "Active participation" means making a regular, substantial contribution to an organization. Membership by itself does not constitute active participation.
2. "Contact hour" is a minimum of fifty minutes of actual instruction not to include any breaks.
3. "Continuing education units" is equivalent to ten contact hours of instruction, i.e., ten professional development hours. Continuing education units are nationally recognized and are a uniform unit of measure for continuing education and training.
4. "International association for continuing education and training programs" means those continuing education and training courses offered by various organizations that meet the minimum requirements for a qualifying continuing education and training course as established by the international association for continuing education and training.
5. "Professional development hour" is defined as one contact hour of instruction or presentation. It is the common denominator for the other units of credit. Round off professional development hours to the nearest one-half hour. No activity under one-half hour will be accepted for credit.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-04 - Continuing Professional Competency › Chapter 28-04-01 - Continuing Education › Section 28-04-01-03 - General requirements

Current through Supplement No. 393, July, 2024
All individual registrants must acquire thirty professional
				  development hours every two years before renewing their license.
1. At least twenty professional development
				hours must be in technical subjects that directly safeguard the public's
				health, safety, and welfare, including technical professional management
				subjects such as total quality process or technical engineering or land
				surveying software training.
2. A
				maximum of ten professional development hours may be in nontechnical
				professional-related subjects. At least one nontechnical professional
				development hour must be in an ethics-oriented class.
3. If chosen for audit, registrants will be
				required to submit a list of continuing professional development activities and
				associated certificates/documents.
4. Registrants holding both professional
				engineering and surveying registrations must earn a minimum of one-third, or
				ten professional development hours in each profession with a total of thirty
				professional development hours every two years. A dual registrant is not
				required to obtain more than thirty professional development hours per biennial
				renewal period because of dual registrations.
5. A maximum of fifteen qualifying
				professional development hours may be forwarded to the subsequent biennial
				renewal period.
6. Comity for
				continuing professional development is allowed if the registrant is currently
				licensed in a jurisdiction or state that requires mandatory continuing
				professional competency and meets the minimum requirements as established by
				the North Dakota state board of registration for professional engineers and
				land surveyors.
7. New registrants
				shall comply with continuing education requirements as follows: registrants who
				receive their license prior to the fourth quarter in an odd-numbered year shall
				report the full biennial requirement of thirty professional development hours
				at the time of next renewal; and registrants who receive their license prior to
				the fourth quarter in an even-numbered year shall report one-half of the
				biennial requirement, i.e., fifteen professional development hours, at the time
				of next renewal.
General Authority:
NDCC 43-19.1-33
Law Implemented:
NDCC
					 43-19.1-33
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-04 - Continuing Professional Competency › Chapter 28-04-01 - Continuing Education › Section 28-04-01-04 - Recordkeeping

Current through Supplement No. 393, July, 2024
Recordkeeping is the responsibility of the registrant.
				  Adequate records must be maintained for a minimum of four years from the date
				  of last biennial renewal for auditing purposes. Records may be maintained on an
				  automated platform that allows the data to be exported to a commonly used and
				  readable file type. Records required include:
1. A log showing the type of activity
				claimed, sponsoring organization, location, duration, date, instructor's or
				speaker's name, and professional development hour credits claimed. Specific
				information on each activity is required. Simply stating "attending education
				activities at ABC Company" is not acceptable.
2. Attendance verification records in the
				form of certificates, attendance electronic mails, or other documents
				supporting evidence of attendance. The registrant must have sufficient
				verification for all credits claimed. Registration alone does not constitute
				attendance.
General Authority:
NDCC 43-19.1-33
Law Implemented:
NDCC
					 43-19.1-33
North Dakota Administrative Code › Title 28 - Engineers and Land Surveyors, Board of Registration for Professional › Article 28-04 - Continuing Professional Competency › Chapter 28-04-01 - Continuing Education › Section 28-04-01-06 - Audit

Current through Supplement No. 393, July, 2024
Audits can be conducted anytime up to three years after the biennial renewal is submitted to ensure compliance with continuing education requirements. If selected for audit, the registrant will be contacted to provide necessary documentation. Each registrant selected for audit must respond with detailed information on the professional development hour activities within thirty days. If the audit conducted indicates a failure to comply with continuing education requirements, the registrant has sixty calendar days after receipt of written notice to further reinforce the claim of professional development hour credits or to acquire sufficient professional development hour credit to meet the requirements. The board may also audit a registrant's professional development hour activities based on complaints or charges against a registrant. Registrants who refuse to comply with continuing professional competency requirements may be subject to disciplinary action as allowed by North Dakota Century Code section  43-19.1-25.
General Authority: NDCC 43-19.1-33
Law Implemented: NDCC 43-19.1-33
North Dakota Administrative Code › Title 29 - Equalization, Board of

Current through Supplement No. 393, July, 2024
The Board of Equalization is not an administrative agency as
		  defined by North Dakota Century Code section   28-32-01. Therefore, the board is
		  not subject to the Administrative Agencies Practice Act (North Dakota Century
		  Code chapter   28-32) and any rules the board may have adopted are not published
		  in the North Dakota Administrative Code.
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-01 - General Administration › Chapter 30-01-01 - Organization of Department › Section 30-01-01-01 - Organization and functions of the game and fish department

Current through Supplement No. 393, July, 2024
1.
Organization of department.
a. History. The first game and fish laws were
				established in Dakota Territory in 1861 but it was not until 1893 when the
				superintendent of irrigation and forestry was designated as game commissioner
				that a game and fish department was formed. In 1909 the game and fish board of
				control was established. The board continued to function as the agency
				controlling fish and game until 1929 when legislation was passed providing for
				a single commissioner charged with certain duties and powers to administer a
				game and fish department. The title commissioner was changed to director in
				1991.
b. Divisions. The department
				consists of the following five divisions:
(1)
				Administrative services.
(2)
				Enforcement.
(3)
				Fisheries.
(4) Conservation and
				communications.
(5)
				Wildlife.
c. Director.
				The director is appointed by the governor. The director holds office for four
				years beginning on the first day of July after the governor's election and
				until a successor is appointed and qualified.
The director shall appoint a deputy director who may be
				  removed at the director's pleasure. The director may also appoint a chief game
				  warden, district game wardens, biologists, and technicians to enforce the game
				  laws and to perform duties specified by the director.
The director is charged with statutory duties and has
				  specific powers relating to the department and the resources it must manage. In
				  addition to these specific duties and powers spelled out in North Dakota
				  Century Code sections 20.1-02-04 and 20.1-02-05, the director has additional
				  authority and power given by various sections of North Dakota Century Code
				  title 20.1.
d. Game and fish
				advisory board. There is an eight-member game and fish advisory board, each
				appointed for a four-year term by the governor. The board has the authority to
				advise the director regarding any policy of hunting, fishing, and trapping
				regulations, and may make general recommendations regarding the operation of
				the department and its programs which the director may carry out.
e. Orders and proclamations of the governor.
				After investigation and recommendations by the director, the governor may open
				seasons for hunting, fishing, and trapping. The governor may determine in what
				manner, the numbers, the places, and at what times game, fish, or fur-bearers
				may be taken.
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-01 - Aircraft Hunting Permits › Section 30-02-01-01 - Aircraft hunting prohibited

Current through Supplement No. 393, July, 2024
Except as herein provided, no person shall use an aircraft to
				  hunt or harass any wildlife, or to knowingly participate in hunting or
				  harassing any wildlife with an aircraft.
General Authority:
NDCC 20.1-02-05(15)
Law Implemented:
NDCC
				  20.1-01-11
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-01 - Aircraft Hunting Permits › Section 30-02-01-02 - Permit may be issued

Current through Supplement No. 393, July, 2024
A permit to use an aircraft in the hunting of predatory
				  animals may be issued to any person who complies with this chapter, upon
				  determination by the director of the game and fish department that such a
				  permit is necessary for the protection of livestock, domesticated animals,
				  wildlife, or human life, and that aircraft hunting is the preferred method of
				  predatory animal control under the circumstances involved.
General Authority: NDCC 20.1-02-05(15)
Law Implemented: NDCC
					 20.1-02-05(15)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-01 - Aircraft Hunting Permits › Section 30-02-01-03 - Permit conditions

Current through Supplement No. 393, July, 2024
The permit shall only be valid for taking a specified number
				  and species from a specified permit area, for a specified period of time.
General Authority: NDCC 20.1-02-05(15)
Law Implemented: NDCC
					 20.1-02-05(15)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-01 - Aircraft Hunting Permits › Section 30-02-01-04 - Permit application

Current through Supplement No. 393, July, 2024
The application for a permit shall be made on forms
				  prescribed and provided by the game and fish department, and shall include a
				  petition containing the signatures of all the landowners or operators within
				  the proposed permit area, giving a legal description of the land involved, and
				  stating the reasons for the necessity of issuance of a permit. Such signatures
				  shall also constitute permission for the permittee to hunt upon the land in
				  question.
General Authority:
NDCC 20.1-02-05(15)
Law Implemented:
NDCC
				  20.1-02-05(15)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-01 - Aircraft Hunting Permits › Section 30-02-01-05 - Low-flying waiver required

Current through Supplement No. 393, July, 2024
The applicant shall obtain a low-flying waiver from the North
				  Dakota aeronautics commission and the federal aviation administration prior to
				  making application for an aircraft hunting permit. The permit shall only be
				  valid when used in conjunction and in compliance with a valid low-flying
				  waiver.
General Authority:
NDCC 20.1-02-05(15)
Law Implemented:
NDCC
				  20.1-02-05(15)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-01 - Aircraft Hunting Permits › Section 30-02-01-06 - Report of kill required

Current through Supplement No. 393, July, 2024
The permittee shall, within one week of the end of the term
				  of the permit, file a complete report that includes information deemed
				  necessary by the director. Failure to so report shall make the permittee
				  ineligible to receive another permit for one year.
General Authority: NDCC 20.1-02-05(15)
Law Implemented: NDCC
					 20.1-02-05(15)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-01 - Aircraft Hunting Permits › Section 30-02-01-07 - Hunting dates

Current through Supplement No. 393, July, 2024
The days and months of hunting will be determined by the
				  director and included in the permit.
General Authority: NDCC 20.1-02-05(15)
Law Implemented: NDCC
					 20.1-02-05(15)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-01 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "Department" means the North Dakota game and fish
				  department.
2. "Eyas raptors" means young raptors not capable of flight
				  or a term for a young bird from time of its hatching until its normal departure
				  from the nest. Also referred to as a nestling or chick.
3. "Falconry" means the sport of taking quarry (any species
				  of animal) by the use of trained raptors.
4. "Hacking" is the temporary release of a raptor held for
				  falconry to the wild so that it may learn to hunt on its own.
5. "Hunt" or "hunting" means pursuing, taking, attempting to
				  take, or killing any game animals, rabbits, and game birds and searching for or
				  attempting to locate or flush any game animals, rabbits, and game birds.
6. "Hybrid" means offspring of two distinct raptor species
				  and any progeny of those birds.
7. "Imprint", for the purposes of falconry, means a bird that
				  is hand-raised in isolation from the sight of other raptors from two weeks of
				  age until it has fledged and has identified itself with humans rather than its
				  own species. An imprinted bird is considered to be so for its entire
				  lifetime.
8. "Licensee" mean a person who has been issued a valid North
				  Dakota falconry license or a license from another state that complies with
				  federal falconry standards.
9. "Nonindigenous" means those raptors not listed in the most
				  current birds of North Dakota field checklist.
10. "Passage raptors" means first-year raptors capable of
				  sustained flight.
11. "Raptor" means a migratory bird of the family
				  accipitridae, excluding bald and golden eagles, falconidae, or
				  strigidae.
12. "Replacement bird" means a raptor obtained to replace one
				  which has died in captivity, has escaped, or is released to the wild.
13. "Service" means the United States fish and wildlife
				  service.
14. "Sponsor" means resident master class licensees or
				  resident general class licensees with at least three years of experience at the
				  general class level. A sponsor may not have more than two apprentices at any
				  one time.
15. "Take" or "obtain" means to trap, capture, or acquire by
				  means of transfer a raptor for the purposes of falconry.
16. "Wild raptors" means an animal in its original natural
				  state of existence, not domesticated nor cultivated, and is considered to be so
				  for its entire life.
General Authority:
NDCC 20.1-14-03
Law Implemented:
NDCC
					 20.1-14-03
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-02 - License requirements

Current through Supplement No. 393, July, 2024
1. A valid North
				Dakota falconry license is required before any resident may take, possess,
				sell, barter, or transport a raptor for falconry purposes or practice falconry
				in North Dakota.
2. A nonresident
				must have a valid falconry license issued by the state or country in which the
				licensee resides in order to possess or transfer a raptor for falconry purposes
				or practice falconry in North Dakota. Nonresidents must comply with subsections
				6 and 7 of section 30-02-02-04, subsection 5 of section 30-02-02-07, and
				sections 30-02-02-10 and 30-02-02-15.
3. Any nonresident licensee who wishes to
				practice falconry in North Dakota must first register on the North Dakota game
				and fish department website (gf.nd.gov), or through any department office,
				prior to participating.
4.
				Nonresident falconers relocating to North Dakota and in possession of a raptor
				must obtain a state license within one hundred twenty days.
5. If a licensee moves to a new state, tribe,
				or territory, within thirty days the licensee must inform both the former and
				the new licensing authority for the new place of residence of the address
				change.
6. When pursuing, taking,
				or attempting to take game birds or game animals, the licensee also must have
				in possession the required hunting license and follow associated season
				regulations.
Any person who violates subsection 3, 4, or 5 is guilty of a
				  noncriminal offense and shall pay a two hundred dollar fee.
General Authority:
NDCC 20.1-04-07.1,
					 20.1-05.1-01, 20.1-05.1-02
Law Implemented:
NDCC 20.1-04-07.1,
					 20.1-05.1-01, 20.1-05.1-02
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-03 - Application procedures and duration and cost of licenses

Current through Supplement No. 393, July, 2024
An applicant who wishes to take, possess, sell, barter , or
				  transport a raptor for falconry purposes, or practice falconry as a resident of
				  North Dakota must submit an application for a falconry license to the
				  department.
1. Application forms must
				be obtained from the department and will include the following information:
a. Applicant' s name and permanent home
				address
b. Applicant' s birth date,
				social security number , and driver ' s license number .
c. A list of number , species, age (if
				known), sex (if known), date of acquisition, and source of raptors already
				legally held in the applicant' s possession.
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-04 - License conditions

Current through Supplement No. 393, July, 2024
In addition to the general conditions, every license issued
				  shall be subject to the following special conditions:
1. A licensee may not purchase, sell, trade,
				barter, or receive any compensation for wild raptors. Wild raptors may only be
				gifted.
2. A licensee may purchase,
				sell, trade, or barter any lawfully possessed raptor that is bred in captivity
				under authority of a federal raptor propagation permit and banded with a
				numbered seamless metal band. All transactions of this type are subject to
				additional conditions specified by
				50 CFR
				21.30.
3. A licensee may not propagate raptors
				without prior acquisition of a valid federal raptor propagation permit as
				described in 50 CFR
				21.30 and as required by North Dakota Century
				Code chapters 20.1-09 and 36-01.
4.
				A licensee may not take, purchase, receive, or otherwise acquire, sell, barter,
				transfer, or otherwise dispose of any raptor unless such licensee submits
				electronically a form 3-186A (migratory bird acquisition/disposition report)
				for each bird possessed within five days of acquisition, disposition, or death
				of the bird (http://permits.fws.gov/186A).
5. A licensee must keep copies of all
				electronic database submissions of each falconry raptor for five years after
				the disposition, transfer, loss, or death of the bird.
6. If a raptor is stolen, missing, or lost,
				the licensee must report the incident to the department and the United States
				fish and wildlife service regional law enforcement office within twenty-four
				hours.
7. A license or legible
				copies of a license must be in the licensee's immediate possession if trapping,
				transporting, working with, or flying falconry raptors.
Any person who violates this section is guilty of a
				  noncriminal offense and shall pay a two hundred dollar fee.
General Authority:
NDCC 20.1-14-03,
					 20.1-02-05
Law Implemented:
NDCC 20.1-14-03; 50
					 CFR
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-05 - Classes of licenses

Current through Supplement No. 393, July, 2024
1.
Apprentice class.
a. An individual must
				be at least fourteen years of age to be licensed. If under eighteen years of
				age, a parent or legal guardian must also sign the application and is
				responsible for the licensee's activities.
b. Before applying for an apprentice class
				license, an applicant must first obtain a sponsor, answer correctly at least
				eighty percent of the questions on an examination administered by the
				department at the Bismarck office, and pass an equipment and facilities
				inspection. An apprentice licensee must have a sponsor during the entire
				apprenticeship.
c. An apprentice
				must have a letter from the apprentice's sponsor and provide a copy to the
				department, stating that the sponsor will assist, as necessary, in:
(1) Learning about the general care of and
				training of raptors held for falconry;
(2) Learning about relevant wildlife laws and
				regulations; and
(3) Deciding what
				species of raptor is appropriate to possess while an apprentice.
d. An apprentice licensee may only
				possess a wild-caught American kestrel (falco sparverius) or a wild-caught or
				nonimprinted captive-bred red-tailed hawk (buteo jamaicensis).
e. An apprentice licensee may not possess
				more than one raptor at any time and may not obtain more than one replacement
				bird during the calendar year.
f.
				An apprentice licensee may not possess a raptor taken from the wild as a
				nestling.
g. An apprentice licensee
				may not possess a bird that is imprinted on humans.
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-06 - Examination

Current through Supplement No. 393, July, 2024
1. Before a North Dakota apprentice falconry
				license is issued, the applicant shall be required to answer correctly at least
				eighty percent of the questions on a supervised examination provided or
				approved by the service and administered by the department at the Bismarck
				office, relating to basic biology, care and handling of raptors, literature,
				laws, regulations, or other appropriate subject matter. An individual has five
				years from the date of a successful examination to obtain the apprentice
				license. This requirement does not apply to license renewals under section
				30-02-02-03.
2. If a license has lapsed for less than five
				years, the license will be issued at the level the licensee held previously if
				proof of certification at that level is provided.
3. If a license has lapsed for five years or
				more, a licensee must correctly answer at least eighty percent of the questions
				on an examination administered by the department at the Bismarck office. If the
				licensee passes the examination, the license may be reinstated at the level
				previously held. The facilities must pass a facility inspection before the
				licensee may possess a falconry bird.
4. If the examination is failed, the
				applicant cannot retake the examination the same day.
Any person who violates this section is guilty of a
				  noncriminal offense and shall pay a two hundred dollar fee.
General Authority:
NDCC 20.1-14-03
Law Implemented:
NDCC
					 20.1-14-03
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-07 - Facilities and equipment

Current through Supplement No. 393, July, 2024
1. Before a
				falconry license is issued, the applicant's raptor housing facilities and
				falconry equipment shall be inspected by a representative of the department and
				must meet the standards in this section. This requirement does not apply to
				license renewals under section
				30-02-02-03, although each
				licensee's facilities and equipment shall be open to inspection.
2.
Housing facilities.
The
				primary consideration for raptor housing facilities whether indoors (mews) or
				outdoors (weathering area) is protection from the environment, predators, and
				undue disturbance. The applicant shall have the following facilities:
a. Indoor facilities (mews) shall be large
				enough to allow easy access for caring for the raptors housed in the facility.
				If more than one raptor is to be kept in the mews, the raptors shall be
				tethered or separated by partitions and the area for each bird shall be large
				enough to allow the bird to fully extend its wings. There shall be at least one
				window, protected on the inside by vertical bars, spaced narrower than the
				width of the bird's body, and a secure door that can easily be closed. The
				floor of the mews shall permit easy cleaning and shall be well drained.
				Adequate perches shall be provided.
b. Outdoor facilities (weathering area) shall
				be fenced and covered with netting or wire, or roofed to protect the birds from
				disturbances and attack by predators. The area shall be large enough to ensure
				that the birds cannot strike any obstacle when flying from the perch.
				Protection from excessive sun, wind, and inclement weather shall be provided
				for each bird. Adequate perches shall be provided.
c. Falconry facilities may be on property
				owned by another person. However, the licensee must provide daily care.
				Regardless of location, the facilities must meet the facility
				standards.
d. The licensee must
				submit a signed and dated statement showing that the licensee or the property
				owner, if facilities are not on property that the licensee owns, agrees that
				the falconry facilities, equipment, and raptors may be inspected without
				advance notice from department authorities at any reasonable hours of the day.
				Inspections must be in the presence of the licensee.
e. The licensee must inform the department
				within five business days if the location of the facilities changes.
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-09 - Marking

Current through Supplement No. 393, July, 2024
1. Any wild northern goshawk (accipiter
				gentilis), Harris's hawk (parabuteo unicinctus), peregrine falcon (falco
				peregrinus), or gyrfalcon (falco rusticolus) possessed for falconry purposes
				must be banded only with a permanent, nonreusable, numbered service leg band
				that the department will supply.
2.
				A raptor bred in captivity must be banded with a numbered seamless metal
				band.
3. A raptor taken from the
				wild may not be banded with a numbered seamless metal band.
4. A raptor may be implanted with an
				international organization for standardization-compliant (134.2 kHz) microchip
				in addition to the band.
5. The
				alteration, counterfeiting, or defacing of a marker is prohibited except that
				licensees may remove the rear tab on markers and may smooth any imperfect
				surface provided the integrity of the marker and numbering are not
				affected.
6. The loss or removal of
				any band must be reported within five days and the licensee must request a
				service nonreusable band from the department. The licensee must submit the
				required information electronically immediately upon rebanding the raptor
				(http://permits.fws.gov/186A).
7.
				If a licensee documents health or injury problems for a raptor that are caused
				by the band, the licensee shall contact the department and request an exemption
				to the requirement. In that case, the licensee must keep a copy of the
				exemption paperwork with the licensee when transporting or flying the raptor.
Any person who violates this section is guilty of a
				  noncriminal offense and shall pay a two hundred dollar fee.
General Authority:
NDCC 20.1-14-03
Law Implemented:
NDCC 20.1-14-03;
					 50 CFR
					 21.29
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-10 - Restrictions for taking of raptors from the wild

Current through Supplement No. 393, July, 2024
1. Any
				licensee interested in obtaining a raptor for falconry purposes must submit a
				written request to the department indicating the species intended to be taken.
				The licensee must obtain a permit from the department prior to actual taking,
				regardless of potential means or source of acquisition. The licensee shall have
				the permit in the licensee's immediate possession while conducting trapping
				activities. The time period for the year of take is May fifteenth to January
				thirty-first.
a. For a nestling, the request
				must be submitted to the department before May first of the year of
				take.
b. For passage birds, the
				request must be submitted to the department after August first of the year of
				take.
c. An apprentice may capture
				one wild raptor per calendar year.
d. Master or general class licensees may
				capture up to two wild raptors per calendar year.
e. Take will be issued on a first-come,
				first-served basis. If requests for a limited number of species arrive
				simultaneously, a random draw will occur.
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-11 - Possession of raptors prior to enactment of rules

Current through Supplement No. 393, July, 2024
1. An
				individual who possesses a lawfully acquired raptor equal to or less than the
				number and species allowed under current rules and prior to the enactment of
				these regulations and meets all previous license requirements shall be allowed
				to retain the raptors but must comply with new regulations within two years
				except as allowed under subsection 2. All such birds cannot be replaced if
				death, loss, release, or escape occurs.
2. An individual who possesses extra raptors
				prior to the enactment of these rules in excess of the number currently allowed
				under the individual's class license shall be allowed to retain the extra
				raptors. No replacement can occur or additional raptor obtained until the
				number in possession is at least one less than the total number currently
				authorized.
Any person who violates this section is guilty of a
				  noncriminal offense and shall pay a two hundred dollar fee.
General Authority:
NDCC 20.1-14-03
Law Implemented:
NDCC
					 20.1-14-03