reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-12 - Release of birds to wild

Current through Supplement No. 393, July, 2024
1. Hybrids of any
				kind, nonindigenous birds, imprinted wild raptors, and captive-bred birds may
				not be intentionally released to the wild at any time. Any release not reported
				within twenty-four hours will be deemed intentional.
2. Only wild raptors trapped in North Dakota
				may be released in North Dakota.
3.
				A bird may not be retrapped after release.
4. Raptors taken from the wild may be
				released back to the wild only at an appropriate time of year and an
				appropriate location, as approved by the department. The falconry band must be
				removed prior to release and the release of the bird must be reported in the
				electronic database.
5. Hacking of
				hybrids and raptors nonindigenous to North Dakota is not allowed. Intentional
				hacking back to the wild is not allowed.
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
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-13 - Temporary care by authorized persons

Current through Supplement No. 393, July, 2024
1. Another falconry
				licensee may care for a raptor or raptors at either licensee's facilities for
				up to one hundred twenty consecutive calendar days. The licensee providing care
				must have a signed and dated statement authorizing the temporary possession,
				plus a copy of United States fish and wildlife service form 3-186A that shows
				the possessor of each of the raptors. The statement must include information
				about the time period for which the licensee will keep the raptors, and about
				what the licensee is allowed to do with the raptors. If the person caring for
				the raptors holds the appropriate level falconry license, the licensee caring
				for the raptors may fly the raptors in whatever way authorized, including
				hunting. This care of raptors may be extended indefinitely in extenuating
				circumstances, such as illness, military service, or a family emergency. The
				department may consider such instances on a case-by-case basis.
2. An individual who does not have a falconry
				license may care for falconry birds a licensee possesses for up to forty-five
				consecutive calendar days. The raptors must remain in the licensee's facilities
				and the individual caring for the raptors may not fly them for any reason. This
				care of the raptors may be extended indefinitely in extenuating circumstances,
				such as illness, military service, or a family emergency. The department may
				consider such instances on a case-by-case basis.
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
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-14 - Reporting

Current through Supplement No. 393, July, 2024
The department will periodically require surveys detailing
				  hunting activity for the year or any other falconry-related information
				  requested by the department.
Any person who violates this section is guilty of a
				  noncriminal offense and shall pay a one hundred dollar fee.
General Authority:
NDCC 20.1-14-03
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 30-02-02-16 - Other restrictions and provisions

Current through Supplement No. 393, July, 2024
1. Feathers that
				are molted or those feathers from birds held in captivity that die may be
				retained and exchanged by licensees only for imping (replacing a damaged
				feather with a molted feather) purposes. Feathers may not be bought, sold, or
				bartered between licensees. Feathers not kept for imping must be destroyed
				(burned or buried) or the feathers may be donated to a person or institution
				with a valid permit to have them.
2. The carcasses of falconry birds that die
				must be burned, buried, or otherwise destroyed within ten days of the death of
				the bird or after final examination by a veterinarian to determine cause of
				death.
3. The department may
				request that any master class licensee voluntarily serve, for an indefinite
				period, as a representative to administer examinations under section
				30-02-02-06, to conduct
				inspections of facilities and equipment (see section
				30-02-02-07), and to provide
				general counsel on falconry issues.
4. A general or master licensee may conduct
				conservation education activities but no live wild raptors held under authority
				of a falconry license may be used in the presentation. The licensee may not be
				paid for the presentation. The presentation must address conservation
				education, including the biology, ecological roles, and conservation needs of
				raptors and other migratory birds, and general rules and regulations of
				falconry. The licensee is responsible for all liability associated with
				conservation education programs the licensee undertakes.
5. A licensee may allow photography, filming,
				or other such uses of captive-bred falconry raptors to make movies or other
				sources of information on the practice of falconry or on the biology,
				ecological roles, and conservation needs of raptors and other migratory birds,
				though the licensee may not be paid for doing so and no live wild raptors held
				under authority of a falconry license may be used.
a. A licensee may not use falconry raptors to
				make movies or commercials or in other commercial ventures that are not related
				to falconry.
b. A licensee may not
				use falconry raptors for entertainment; advertisements; promotion or
				endorsement of any products, merchandise, goods, services, meetings, or fairs;
				or as a representation of any business, company, corporation, or other
				organization.
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-02 - Falconry › Section 30-02-02-10.1 - Restrictions on importation - Hybrids and nonindigenous raptors

Current through Supplement No. 393, July, 2024
1. Licensees must comply with state board of
				animal health regulations before importing any raptor, including hybrids,
				nonindigenous, captive-bred, or wild raptor from another state, territory, or
				country into North Dakota.
2. The
				licensee shall provide a copy of all documents, permits, and other statements
				required by the state board of animal health to the department's veterinarian.
3. When flown free, a hybrid
				raptor must have at least two attached working radio transmitters and a
				nonindigenous raptor must have atleast one attached working radio
				transmitter.
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 30-02-02-15.1 - Killing of protected species

Current through Supplement No. 393, July, 2024
1. It is unlawful
				to hunt protected wildlife species except when properly licensed for the
				species being hunted and during an open season and as described by the
				governor's proclamation. Any licensee whose falconry raptor kills harmless wild
				birds or game birds as allowed by the governor's proclamation that is out of
				season or of the wrong species or sex shall leave the dead wildlife where it
				lies, except that the raptor may feed upon the dead wildlife before leaving the
				site of the kill. The licensee shall report the kill to the department within
				twenty-four hours. Kills not reported within twenty-four hours will be deemed a
				violation.
2. In practicing
				falconry, licensees must ensure that their activities do not cause the take of
				federally listed threatened or endangered wildlife. "Take" under the Endangered
				Species Act means "to harass, pursue, hunt, shoot, wound, kill, trap, capture,
				or collect or attempt to engage in any such conduct" (Endangered Species Act
				§ 3(19) [ 16 U.S.C.
				1532(19) ]. "Harass" means
				any act that may injure wildlife by disrupting normal behavior, including
				breeding, feeding, or sheltering, and harm or an act that actually kills or
				injures wildlife [ 50 CFR
				17.3 ]. To obtain information about
				threatened or endangered species contact the United States fish and wildlife
				service ecological services field office in Bismarck.
3. A licensee must report a take of any
				federally listed threatened or endangered species within twenty-four hours to
				the United States fish and wildlife service ecological services field office in
				Bismarck.
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 30-02-02-17 - Penalties

Current through Supplement No. 393, July, 2024
Violation of any rule not designated as having a noncriminal
				  penalty is considered a criminal violation as established in North Dakota
				  Century Code title 20.1.
General Authority:
NDCC 20.1-02-04(22),
					 20.1-02-05(22), 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 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-01 - Lease required

Current through Supplement No. 393, July, 2024
If the applicant is not the owner of the land, a copy of any
				  lease of lands contained in the shooting preserve area must be filed with the
				  application.
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC
					 20.1-12-02
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-02 - Location of preserve

Current through Supplement No. 393, July, 2024
No shooting preserve operating permit shall be issued for any
				  area less than one mile [1.61 kilometers] from the exterior boundaries of a
				  planned or approved state or federal wildlife area, public hunting ground or
				  refuge which is managed in whole or in part for game birds indigenous to the
				  area.
General Authority:
NDCC 20.1-12-08
Law Implemented:
NDCC
				  20.1-12-02
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-03 - Application and fees

Current through Supplement No. 393, July, 2024
The application must be made at least sixty days before the
				  desired effective date of the permit, and may be made by the applicant, the
				  applicant's agent, or the applicant's attorney in such a form as the director
				  may prescribe. If leased land is used in the shooting preserve, the application
				  must be accompanied by a surety bond of two thousand dollars. The permit
				  expires on June thirtieth following the date of issuance. Renewal may be
				  granted annually upon payment of the proper fee and renewal of any surety bond
				  that may have expired or shall expire before the end of the next permit term.
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC 20.1-03-12,
					 20.1-12-02
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-04.1 - Maximum area of shooting preserve

Current through Supplement No. 393, July, 2024
Except for permitted shooting preserves operating prior to
				  January 1, 2009, no individual, corporation, or business association may
				  operate or own any interest in one or more shooting preserves with a comprised
				  total of more than six hundred forty acres.
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC
					 20.1-12-08
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-05 - Number of game birds released

Current through Supplement No. 393, July, 2024
A minimum of one hundred birds of each species permitted to
				  be hunted on the shooting preserve shall be released during the shooting
				  preserve season. Fewer birds may be released upon written permission of the
				  director.
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC
					 20.1-12-04
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-08 - Quality of birds

Current through Supplement No. 393, July, 2024
All game birds shall be of high quality stock, fully
				  feathered, and not less than twelve weeks of age at time of stocking. They
				  shall not be debeaked more than a quarter-inch [6.35 millimeters], and not less
				  than two weeks prior to release.
General Authority:
NDCC 20.1-12-08
Law Implemented:
NDCC
				  20.1-12-08
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-11 - Hunting wild upland game birds

Current through Supplement No. 393, July, 2024
If a species of wild upland game bird other than those
				  allowed by the shooting preserve operator's permit is taken by any hunter out
				  of season, or by a hunter not in possession of a proper small game stamp when
				  in season as proclaimed by the governor's proclamation, a violation of the game
				  laws will have occurred. It is the duty of the shooting preserve operator to
				  report to the director or the director's representative any violation of a game
				  law occurring on the shooting preserve. Wild waterfowl may only be taken in a
				  manner conforming to federal regulations.
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC
					 20.1-12-08
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-13 - Report required

Current through Supplement No. 393, July, 2024
The shooting preserve operator shall submit a report of the
				  operator's operations thirty days after each shooting preserve season. The
				  report shall be made on forms furnished by the game and fish director
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC
					 20.1-12-07
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-14 - Sale ofsurplus game birds

Current through Supplement No. 393, July, 2024
Game birds which are surplus to the needs of the shooting
				  preserve may be sold by the operator under the operator's game propagator's
				  permit. Carcasses of birds to be disposed of must be tagged with a tag as
				  required in North Dakota Century Code section 20.1-09-05. The tag shall be
				  separate and distinct from the tag used for birds taken on the shooting
				  preserve. Tags for bird carcasses may be obtained from the director at a cost
				  of ten cents each. Live birds may be sold only to another licensed shooting
				  preserve operator or to a person holding a permit to propagate game birds.
				  Accurate records of such sales must be kept.
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC
					 20.1-12-08
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-16 - Violations are noncriminal

Current through Supplement No. 393, July, 2024
Any person who violates any section of this chapter is guilty
				  of a noncriminal offense and shall pay a fifty dollar fee.
General Authority: NDCC 20.1-02-05(24)
Law Implemented: NDCC
					 20.1-02-05(24)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-03 - Operation of Private Game Bird Shooting Preserves › Section 30-02-03-17 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
The shooting preserve operator shall maintain records of bird
				  releases to include date, number, and species; clients; the number of birds
				  harvested both wild and released per client; number of wild birds kept per
				  client; the total number of wild birds harvested; and the combined total of all
				  birds harvested. At no time may the total number of birds harvested, excluding
				  birds taken pursuant to a lawful season, exceed the number of birds that have
				  been released in the current season. The total of wild birds kept by clients
				  may not at any time exceed twenty-five percent of the total wild birds
				  harvested. Other than those wild birds allowed to be retained by a client, the
				  shooting preserve operator shall deliver to the department all wild birds
				  harvested. The operator may comply with this requirement by freezing the birds
				  at the operator's own premises and notifying the district game warden for the
				  operator's area that the birds are available for pickup. Those birds stored
				  shall be labeled by date killed and name of client harvesting the bird. All
				  birds, including wild birds, harvested and kept by clients must be tagged as
				  required by this chapter.
General Authority: NDCC 20.1-12-08
Law Implemented: NDCC
					 20.1-12-06
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-04 - Plugging or Tagging North American Wild Sheep Horns and Trophy Heads › Section 30-02-04-01 - Requirements for plugging or tagging North American wild sheep horns and trophy heads

Current through Supplement No. 393, July, 2024
Any North American wild sheep horns or trophy heads, which
				  have not been previously tagged or plugged, must be delivered to the North
				  Dakota game and fish department's central office in Bismarck, North Dakota. The
				  game and fish department will provide a department-approved plug and perform
				  the installation.
Individuals who make a prior appointment shall have their
				  wild sheep horns plugged and returned to them immediately. The game and fish
				  department may hold the horns of any North American wild sheep for up to thirty
				  days if prior appointment has not been made.
General Authority: NDCC 20.1-02-26
Law Implemented: NDCC
					 20.1-02-26
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-04 - Plugging or Tagging North American Wild Sheep Horns and Trophy Heads › Section 30-02-04-02 - Penalties

Current through Supplement No. 393, July, 2024
No person may possess North American wild sheep horns or the
				  trophy head from which the identifying tag or plug has been removed. Any person
				  who violates this section is guilty of a noncriminal offense and shall pay a
				  two hundred fifty dollar fee.
General Authority: NDCC 20.1-02-26
Law Implemented: NDCC 20.1-02-26,
					 20.1-01-30(3)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-10 - License Raffles And Auctions › Section 30-02-10-01 - Procedures and conditions

Current through Supplement No. 393, July, 2024
Before printing or distributing any raffle tickets, any
							organization that receives any license in accordance with North Dakota Century
							Code  chapter 20.1-05.1-02, shall submit to the director an application on forms
							provided by the department. This application form must be received by the
							department by January first of the year that the license is intended to be
							used. Any raffle must be organized and conducted in accordance with North
							Dakota Century Code chapter 53-06.1 and North Dakota Administrative Code
							 99-01.3.
General Authority:
NDCC 20.1-05.1-02
Law Implemented:
NDCC
								20.1-05.1-02
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-10 - License Raffles And Auctions › Section 30-02-10-02 - Procedures and conditions, spring wild turkey licenses - Nonprofit organizations; special allocation hunting license authorization

Current through Supplement No. 393, July, 2024
1. In addition to
						the allocation provided by subsection 2 of North Dakota Century Code section
						20.1-05.1-01, the director shall issue two additional spring wild turkey
						licenses and permits to hunt wild turkeys to individuals residing in North
						Dakota who are selected by the national wild turkey federation. All
						requirements contained within subsection 2 of North Dakota Century Code section
						20.1-05.1-01 and North Dakota Administrative Code section 30-02-10-01 apply to
						this additional allocation of two spring wild turkey licenses.
2. In addition to the allocation provided by
						subsection 3 of North Dakota Century Code section 20.1-05.1-01, the director
						shall issue two additional spring wild turkey licenses and permits to hunt wild
						turkeys to individuals residing in North Dakota who are selected by the outdoor
						adventure foundation. All requirements contained within subsection 3 of North
						Dakota Century Code section 20.1-05.1-01 and North Dakota Administrative Code
						section 30-02-10-01 apply to this additional allocation of two spring wild
						turkey licenses.
General Authority:
NDCC 20.1-05.1-01
Law Implemented:
NDCC 20.1-05.1-01,
								20.1-04-07.1
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-02 - Wildlife Management › Chapter 30-02-10 - License Raffles And Auctions › Section 30-02-10-03 - Accounting statement

Current through Supplement No. 393, July, 2024
Any organization that receives a license in accordance with
				  North Dakota Century Code sections 20.1-04-07.1, 20.1-05.1-01, and 20.1-05.1-02
				  shall provide the director a detailed accounting statement, completed on a
				  standardized form provided by the department, by December thirty-first of the
				  license season. At a minimum, this statement must include information regarding
				  raffle or auction expenses, gross and net raffle or auction income, number of
				  raffle tickets sold and unsold, as well as a statement certifying that no more
				  than ten percent of the gross raffle or auction proceeds were used to promote
				  the raffle or auction.
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 30-02-10 - License Raffles And Auctions › Section 30-02-10-04 - Performance report

Current through Supplement No. 393, July, 2024
Any organization that receives a license in accordance with
				  North Dakota Century Code section 20.1-05.1-02 shall provide the director a
				  performance report, completed on a standardized form provided by the
				  department, by December thirty-first of the license season. At a minimum, the
				  report must include information regarding:
1. The conservation-related projects funded,
				in this state, with at least ten percent of the net proceeds of the raffle or
				auction. Supporting documentation may be requested by the department.
2. Any unspent amount of the ten percent net
				proceeds must be submitted to the department with the report. An exception may
				be granted by the director to carryover unspent funds for one year.
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 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-01 - License required to be displayed

Current through Supplement No. 393, July, 2024
All licenses must be publicly displayed on the business
				  premises. Business names must be displayed on both sides of any vehicle used to
				  transport live bait. Any bait vendor who violates this section is guilty of a
				  noncriminal offense and shall pay a one hundred dollar fee.
General Authority: NDCC 20.1-06-14
Law Implemented: NDCC
					 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-02 - Bait definitions

Current through Supplement No. 393, July, 2024
Refer to the current fishing proclamation for legal live
				  aquatic bait definitions.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
					 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-03 - Legal live aquatic bait species permitted

Current through Supplement No. 393, July, 2024
A licensee may possess only legal live aquatic bait. Other
							species caught while seining or trapping must be returned to the water
							immediately.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
								20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-04 - License limitations

Current through Supplement No. 393, July, 2024
Retail or wholesale bait vendor licenses are issued for a
				  calendar year to one person only. An individual may be issued only one
				  wholesale license per calendar year. The holder of a retail bait vendor license
				  may sell legal live aquatic bait at retail only, at one specified selling
				  location per license. A wholesale bait vendor may only sell legal live aquatic
				  bait to licensed bait vendors or for permitted private fish pond stocking. A
				  person licensed as a wholesaler in any state may not act as an assistant under
				  a North Dakota wholesaler license. Any bait vendor who violates this section is
				  guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee.
				  Violations of state or federal game or fish laws may result in license denial,
				  suspension, or revocation. An individual who has been convicted of a state or
				  federal criminal game or fish violation in the last three years or whose
				  license to hunt or fish is under suspension or revocation may not receive a
				  wholesale bait vendor license. As used in this rule, "conviction" means a
				  finding of guilt, a guilty plea, a plea of no contest, a plea of no lo
				  contendere, a judgment of conviction even though the court suspended execution
				  of a sentence in accordance with subsection 3 of North Dakota Century Code
				  section 12.1-32-02, or a deferred imposition of sentence in accordance with
				  subsection 4 of North Dakota Century Code section 12.1-32-02 or an equivalent
				  statute. The term does not include a finding of guilt which is reversed on
				  appeal.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
					 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-05 - Assistants covered by license

Current through Supplement No. 393, July, 2024
A licensed wholesale bait vendor may employ the assistance of
				  up to six other persons to capture or sell and transport legal live aquatic
				  bait in the manner approved by the director. Assistants can only be listed on
				  one valid licensed wholesale bait vendor application per calendar year. It is
				  the licensee's responsibility to ensure all assistants possess a copy of the
				  license. All assistants must have a copy of the license, paper or electronic
				  form, in their possession. The licensee is responsible for the actions of
				  employees, including all agents or assistants acting under the licensee's
				  license. An individual who has been convicted of a state or federal criminal
				  game or fish violation in the last three years or whose license to hunt or fish
				  is under suspension or revocation may not act as an assistant. Anyone who
				  violates this section is guilty of a noncriminal offense and shall pay a one
				  hundred dollar fee.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
					 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-06 - Quantity requiring license

Current through Supplement No. 393, July, 2024
A retail or wholesale license is required for the possession
							of more than the limits described in the current fishing proclamation of legal
							live aquatic bait.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
								20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-07 - Equipment for holding and transport

Current through Supplement No. 393, July, 2024
Persons commercializing in or transporting legal live aquatic
							bait shall use equipment capable of maintaining such live bait in a healthy and
							lively condition at all times, except for rainbow smelt which must be killed
							immediately after capture. Each species of legal live aquatic bait must be kept
							separate from other species of legal live aquatic bait in holding and transport
							equipment. The premises and equipment of all persons commercializing in legal
							live aquatic bait shall be open to the inspection of the director or any of the
							director's duly appointed agents at any time.
Equipment used for transporting legal live aquatic bait into
							or within the state must be free of aquatic nuisance species. Water used to
							transport legal live aquatic bait into the state must be from a potable or
							ground water (well) source and shall not contain any aquatic vegetation. Retail
							bait vendors must keep all aquatic vegetation and aquatic nuisance species out
							of bait tanks at their point of sale. Any bait vendor who violates this section
							is guilty of a noncriminal offense and shall pay a two hundred dollar
							fee.
General Authority:
NDCC 20.1-06-14,
								20.1-17-01
Law Implemented:
NDCC 20.1-06-14, 20.1-17-01,
								20.1-17-06
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-08 - Interstate transport

Current through Supplement No. 393, July, 2024
Only the following legal live aquatic bait may be imported
				  into the state and only with a permit issued by the director and in the manner
				  approved by the director: white suckers, creek chubs, and leeches. It is
				  illegal to import all other live aquatic bait. It is illegal to export live
				  aquatic bait out of the state except with a permit issued by the director and
				  only in the manner approved by the director. It is illegal to transport live
				  aquatic bait through the state except with a permit issued by the director and
				  only in the manner approved by the director. Permit applications must be
				  received by the director a minimum of forty-eight hours prior to any planned
				  import or export of legal live aquatic bait.
General Authority:
NDCC 20.1-02-05(22),
					 20.1-06-01, 20.1-06-14
Law Implemented:
NDCC 20.1-02-05(22),
					 20.1-06-01, 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-10 - Transportation of bait in water within the state

Current through Supplement No. 393, July, 2024
It is illegal to transport aquatic bait in water within the
							state except with an appropriate license or permit issued by the director and
							only in the manner approved by the director. Any bait vendor who violates this
							section is guilty of a noncriminal offense and shall pay a two hundred dollar
							fee.
General Authority:
NDCC 20.1-17-01
Law Implemented:
NDCC 20.1-17-01,
								20.1-17-06
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-11 - Stocking

Current through Supplement No. 393, July, 2024
Stocking of any live fish, live fish eggs, live amphibians,
				  or other live aquatic organism into any waters of the state shall be illegal
				  except with the appropriate license or permit issued by the director.
General Authority: NDCC 20.1-02-05(22), 20.1-06-01,
					 20.1-06-14
Law Implemented: NDCC 20.1-02-05(22), 20.1-06-01,
					 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-12 - Equipment for taking legal live aquatic bait

Current through Supplement No. 393, July, 2024
A person possessing only a retail license may take legal live
				  aquatic bait with a seine not exceeding twenty-five feet [7.62 meters] in
				  length and six feet [1.83 meters] in depth. Mesh size may not exceed one-half
				  inch [12.7 millimeters] square measure.
A licensed retailer may use traps not larger than thirty
				  inches [76.2 centimeters] in length and twelve inches [30.48 centimeters] in
				  diameter. Mesh size of traps may not exceed one-half inch [12.7 millimeters]
				  square measure and the throat opening of traps may not exceed three inches
				  [7.62 centimeters] in diameter or width. The owner's name, city, and telephone
				  number or the customer equipment registration number issued by the department
				  must be attached to the fish trap.
A person possessing the appropriate wholesale license may
				  take legal live aquatic bait with a seine not exceeding two hundred fifty feet
				  [76.2 meters] in length and fourteen feet [4.27 meters] in depth. Mesh size may
				  not exceed one-half inch [12.7 millimeters] square measure. A tag issued by the
				  department must be affixed to each seine used by the licensee.
A licensed wholesaler may use traps not larger than seven
				  feet [2.13 meters] in any dimension. Mesh size may not exceed one-half inch
				  [12.7 millimeters] square measure and the throat opening of traps may not
				  exceed three inches [7.62 centimeters] in diameter or width. A valid tag issued
				  by the department must be attached to the top of each trap. Only one current
				  valid tag may be attached to the trap.
Hand-held dip nets are legal equipment for retail and
				  wholesale bait vendors. There are no size restrictions for dip nets.
Any bait vendor who violates this section is guilty of a
				  noncriminal offense and shall pay a two hundred dollar fee.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
					 20.1-06-04
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-13 - Prohibited waters for taking legal live aquatic bait

Current through Supplement No. 393, July, 2024
Licensees shall not be permitted to take legal live aquatic
				  bait from the following:
1. Waters
				managed as recreational fisheries (except the Missouri River system where
				rainbow smelt may be taken) without a permit issued and, in the manner,
				approved by the director;
2. Waters
				designated by the department as infested with prohibited or regulated aquatic
				nuisance species (except the Missouri River system where rainbow smelt may be
				taken);
3. The United States fish
				and wildlife service's wildlife development areas, waterfowl production areas,
				or refuges;
4. The department's
				wildlife management areas (except the Missouri River system where rainbow smelt
				may be taken); or
5. Any waters that
				have been licensed as a private fish hatchery in the past three
				years.
Any bait vendor who violates this section is guilty of a
				  noncriminal offense and shall pay a two hundred fifty dollar fee.
General Authority:
NDCC 20.1-06-14,
					 20.1-17-01
Law Implemented:
NDCC 20.1-06-04, 20.1-17-01,
					 20.1-17-06
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-14 - Wholesale bait pond

Current through Supplement No. 393, July, 2024
The term "wholesale bait pond" means any pond used to take
				  legal live aquatic bait for wholesale. A legal description, to the quarter
				  section, of each wholesale bait pond must be listed on the wholesaler's pond
				  application form and all ponds must be approved by the director prior to
				  trapping. The maximum number of approved legal descriptions for ponds from
				  which a wholesale bait vendor may trap annually is fifty. Any bait vendor who
				  violates this section is guilty of a noncriminal offense and shall pay a two
				  hundred fifty dollar fee.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
					 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-15 - Inspections and records

Current through Supplement No. 393, July, 2024
Equipment used to capture, transport, or hold, and shipments
				  of, legal live aquatic bait are subject to inspections by duly appointed agents
				  of the director.
For all retail vendors, each licensee shall keep current
				  receipts of purchase at the retail licensee's point of sale for the calendar
				  year in which they are licensed. Purchase receipts must be open to inspection
				  by the department.
For all wholesale vendors, each licensee trapping, seining,
				  or purchasing legal live aquatic bait for sale must accurately complete forms
				  furnished by the department. Each wholesale licensee shall keep current, within
				  a month, records at the wholesaler licensee's permanent business address.
				  Records must be open to inspection by the department. A copy of these records
				  for the calendar year shall be submitted to the director no later than ninety
				  days following expiration of the license. A new wholesale bait vendor license
				  may not be issued until records are submitted to the department.
Any bait vendor who violates this section is guilty of a
				  noncriminal offense and shall pay a two hundred dollar fee.
General Authority:
NDCC 20.1-06-14
Law Implemented:
NDCC
					 20.1-06-14
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-01.1 - Bait Vendors › Section 30-03-01.1-16 - Violations and penalties

Current through Supplement No. 393, July, 2024
Violation of any rule not designated as having a noncriminal
							penalty is considered a criminal violation as established in the appropriate
							chapter of North Dakota Century Code title 20.1.
General Authority:
NDCC 20.1-02-05(22)
Law Implemented:
NDCC
								20.1-02-05(22)
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-02 - Fishpond

Current through Supplement No. 393, July, 2024
A "fishpond" as referred to in this chapter shall mean a
				  private fish hatchery holding fish for public fishing for a fee.
General Authority:
NDCC 20.1-06-12
Law Implemented:
NDCC
				  20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-03.1 - License required

Current through Supplement No. 393, July, 2024
Only one private fish hatchery license may be issued per
				  individual each calendar year.
General Authority: NDCC 20.1-06-12
Law Implemented: NDCC
					 20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-04 - Species authorized

Current through Supplement No. 393, July, 2024
The game and fish director will publish a list of fish
				  species that may be authorized for raising or holding in a licensed fish
				  hatchery. Such list may be amended from time to time at the discretion of the
				  game and fish director.
General Authority: NDCC 20.1-06-12
Law Implemented: NDCC
					 20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-05 - Sale offish

Current through Supplement No. 393, July, 2024
An operator of a licensed fish hatchery may sell fish owned
				  or raised for market or for stocking other waters. The operator also may
				  operate the operator's fish hatchery as a fishpond and may sell fish caught
				  from the pond by fee-paying anglers. Live fish purchased for stocking private
				  ponds may be transported only if a bill of sale from the vendor accompanies the
				  load of fish.
General Authority:
NDCC 20.1-06-12
Law Implemented:
NDCC
				  20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-06 - Transportation

Current through Supplement No. 393, July, 2024
Transportation of authorized fish stock into, out of, or
				  within the state by a licensed hatchery operator in a private fish hatchery may
				  be done only with a permit issued by the director and only in the manner
				  approved by the director. All fish stock entering the state must be accompanied
				  by disease-free certification and a bill of sale from the vendor. Disease-free
				  certification will be species specific as warranted by the department.
General Authority: NDCC 20.1-06-12
Law Implemented: NDCC
					 20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-07 - Receipts

Current through Supplement No. 393, July, 2024
The holder of a private fish hatchery license shall furnish
				  to each person purchasing fish from the hatchery a written receipt giving the
				  number, length, and species of the fish purchased, retaining a copy of the
				  receipt for a permanent record to be retained at the hatchery.
General Authority:
NDCC 20.1-06-12
Law Implemented:
NDCC
				  20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-09 - Fish hatchery certificates

Current through Supplement No. 393, July, 2024
Fish taken from a licensed fish hatchery used as a fishpond
				  may be possessed, shipped, or transported within North Dakota in the same
				  manner as fish taken by a resident under a resident fishing license, with a
				  certificate from the owner or operator of the fishpond giving the hatchery
				  license number, the date the fish was taken, and the number and species of the
				  fish.
General Authority:
NDCC 20.1-06-12
Law Implemented:
NDCC
				  20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-10 - Use of seines and nets

Current through Supplement No. 393, July, 2024
The operator of a licensed fish hatchery may use seines and
				  nets in the operator's hatchery operation if the equipment is authorized by the
				  director of the game and fish department. Tags, issued with the authorization
				  for each piece of equipment, must be attached to the equipment.
General Authority: NDCC 20.1-06-12
Law Implemented: NDCC
					 20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-11 - Removal from ponds

Current through Supplement No. 393, July, 2024
Fish which has been stocked by a licensed hatchery operator
				  for private, nonhatchery use in private ponds may be removed by angling with
				  hook and line, or may be removed by a licensed fish hatchery operator
				  possessing authorization from the director of the game and fish department to
				  do so. The maximum number of ponds from which a fish hatchery operator may
				  contract to remove fish is twenty ponds.
General Authority: NDCC 20.1-06-12
Law Implemented: NDCC
					 20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-12 - Equipment for transport

Current through Supplement No. 393, July, 2024
All equipment used for transporting fish to and from a
				  private fish hatchery must be free of aquatic vegetation and aquatic nuisance
				  species and all equipment is subject to periodic inspection by a duly appointed
				  agent of the director.
General Authority: NDCC 20.1-17-01
Law Implemented: NDCC 20.1-17-01,
					 20.1-17-06
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-13 - Illegal waters for private fish hatcheries

Current through Supplement No. 393, July, 2024
Private fish hatcheries shall not be permitted on the
				  following:
1. Waters managed as
				recreational fisheries;
2. Waters
				designated by the department as infested with prohibited or regulated aquatic
				nuisance species;
3. The
				department's wildlife management areas; or
4. The United States fish and wildlife
				service's wildlife development areas, waterfowl production areas, or refuges.
General Authority: NDCC 20.1-17-01
Law Implemented: NDCC 20.1-17-01, 20.1-17-05,
					 20.1-17-06
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-02 - Private Fish Hatcheries › Section 30-03-02-14 - Violations and penalties

Current through Supplement No. 393, July, 2024
Any private fish hatchery that violates any section of this
				  chapter is guilty of a noncriminal offense and shall pay a one hundred dollar
				  fee. The violation may result in license revocation. Violations may be the
				  basis of administrative action up to and including license revocation or
				  suspension.
General Authority: NDCC 20.1-06-12
Law Implemented: NDCC
					 20.1-06-12
North Dakota Administrative Code › Title 30 - Game and Fish Department › Article 30-03 - Fishery Management › Chapter 30-03-03 - Construction and Use of Fish houses for Winter Fishing › Section 30-03-03-03 - Construction

Current through Supplement No. 393, July, 2024
Any structure used as a fish house or dark house, to include
							campers, that is required to have the owner's name and address or telephone
							number or a registration number issued by the department for the fish house
							inscribed on it, shall be constructed of material that will allow it to float
							and be readily removable from the ice at any time.
General Authority:
NDCC 20.1-06-07
Law Implemented:
NDCC
								20.1-06-07