CHAPTER 20.1-01 General Provisions

20.1-01-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 106, § 195.

Cross-References.

Penalty for Class B misdemeanor, see N.D.C.C. § 12.1-32-01.

Collateral References.

Entrapment with respect to violation of fish and game laws, 75 A.L.R.2d 709.

Defense of person or property, right to kill game in, 93 A.L.R.2d 1366.

Jury trial: infringement of right to trial by jury by statute or regulation making possession of fish or of specified fishing equipment prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

Law Reviews.

A survey of North Dakota Environmental Law, Robert E. Beck, 49 N.D. L. Rev. 1 (1972).

Conserving Wildlife Resources: An Overview of the Endangered Species Act of 1973, George Cameron Coggins, 51 N.D. L. Rev. 315 (1975).

Indians — Hunting and Fishing Rights — State Law Must Yield to Federal Treaty, 48 N.D. L. Rev. 729 (1972).

Off-Reservation Hunting and Fishing Rights: Scales Tip in Favor of States and Sportsmen? Jerry L. Bean, 51 N.D. L. Rev. 11 (1974).

Surface Coal Mining Law in the Western United States: How Does It Provide for Wildlife?, 54 N.D. L. Rev. 337 (1978).

20.1-01-02. Definitions.

In this title, unless the context otherwise requires:

  1. “Afield” means being away from one’s home or camp. The term does not include driving or being in actual physical control of a motor vehicle in violation of section 39-08-01 or equivalent ordinance.
  2. “Any part thereof” or “the parts thereof” includes the hide, horns, or hoofs of any animal specified and the plumage, skin, and every other part of any bird specified.
  3. “Aquatic nuisance species” means any nonindigenous, obligate aquatic species of plant or animal which is injurious to native and desirable aquatic species or which has a negative effect on aquatic habitats, environment, or the economy of the state.
  4. “Associated equipment” means:
    1. Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of such system, part, or component;
    2. Any accessory or equipment for, or appurtenance to, a boat; and
    3. Any marine safety article, accessory, or equipment intended for use by a person on board a boat; but
    4. Excluding radio equipment.
  5. “Big game” means deer, moose, elk, bighorn sheep, mountain goats, and antelope.
  6. “Boat” means any vessel:
    1. Manufactured or used primarily for noncommercial use;
    2. Leased, rented, or chartered to another for the latter’s noncommercial use; or
    3. Engaged in the carrying of six or fewer passengers.
  7. “Confiscate” or “confiscated” means to hold subject to the order of a court of competent jurisdiction.
  8. “Consideration” means something of value given or done in exchange for something of value given or done by another.
  9. “Crops” means any plant that has been harvested, collected, or stored as livestock feed, fodder, or fuel.
  10. “Day leasing” means the practice of an outfitter entering a short-term lease agreement that is intended to and does last less than twenty-four hours.
  11. “Department” means the game and fish department.
  12. “Depredation” means damage to or destruction of private property.
  13. “Deputy director” means the deputy director of the department.
  14. “Director” means the director of the department.
  15. “Disabled veteran” means a veteran who has a one hundred percent service-connected disability as determined by the department of veterans’ affairs or has an extra-schedular rating to include individual unemployability that brings the veteran’s total disability ratio to one hundred percent as determined by the department of veterans’ affairs.
  16. “Endangered species” means any species whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:
    1. The destruction, drastic modification, or severe curtailment of its habitat.
    2. Its overutilization for scientific, commercial, or sporting purposes.
    3. The effect on it of disease, pollution, or predation.
    4. Other natural or manmade factors affecting its prospects of survival or recruitment within the state.
    5. Any combination of the foregoing factors.
  17. “Established road or trail” means any public highway or road, improved or otherwise, dedicated for public ingress or egress, or any other road or trail normally used for travel but does not include temporary trails across cultivated land used for agricultural purposes.
  18. “Fur-bearers” includes mink, muskrats, weasels, wolverines, otters, martens, fishers, kit or swift foxes, beavers, raccoons, badgers, wolves, coyotes, bobcats, lynx, mountain lions, black bears, and red or gray foxes.
  19. “Game birds” includes all varieties of geese, brant, swans, ducks, plovers, snipes, woodcocks, grouse, sagehens, pheasants, Hungarian partridges, quails, partridges, cranes, rails, coots, wild turkeys, mourning doves, and crows.
  20. “Guide” means an individual who is employed by or contracts with a licensed outfitter to help the outfitter furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed.
  21. “Gun dogs” includes any dog used to hunt protected wildlife.
  22. “Harmful wild birds” includes blackbirds, magpies, English sparrows, and starlings.
  23. “Harmless wild birds” includes all wild birds not defined herein as “harmful wild birds” or “game birds”.
  24. “Hunt” or “hunting” means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. The term does not include possessing or using photographic equipment.
  25. “Hunt through the internet” means to hunt wildlife in real time using internet services to remotely control actual firearms and to remotely discharge live ammunition allowing a person who is not physically present to take wildlife. The term includes using any remotely controlled device to hunt the animal such as a hand-held communication device, cellular telephone, or global-positioning device.
  26. “Indian land” means land within the exterior boundaries of an Indian reservation held in trust by the federal government for the benefit of an Indian tribe or an Indian and land within the exterior boundaries of an Indian reservation owned in fee by an Indian tribe or an Indian.
  27. “Introduce” means to place, release, or allow the escape of a non-native species into a free-living state.
  28. “Manufacturer” means any person engaged in:
    1. The manufacture, construction, or assembly of boats or associated equipment.
    2. The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly.
    3. The importation into the state for sale of boats, associated equipment, or components thereof.
  29. “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. The term does not include a vessel having a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto.
  30. “Motor-driven vehicle” means any land vehicle, with or without wheels, that is propelled by any motor.
  31. “Native aquatic species” means an animal or plant species that is naturally present and reproducing within this state or which naturally expands from its historic range into this state.
  32. “Non-native species” means a species that is not a native species.
  33. “Operate” means to navigate or otherwise use a motorboat or a vessel.
  34. “Outfitter” means a person that holds the person’s business operation out to the public for hire or consideration; provides facilities or services for consideration; maintains, leases, or otherwise provides compensation for the use of land and which receives compensation from a third party for use of that land; or otherwise uses equipment or accommodations for consideration for the conduct of outdoor recreational activities, including hunting animals or birds and fishing on lakes, reservoirs, rivers, and streams. An outfitter may act as a guide. The term does not include a person holding title or an equitable interest in business operations if the purpose of the business operation is to provide food or lodging to the general public, chamber of commerce activities, travel agencies, or others that offer free information to attract outdoor and recreational use of their communities.
  35. “Owner” means a person, other than a lienholder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.
  36. “Passenger” means every person carried on board a vessel other than:
    1. The owner or the owner’s representative.
    2. The operator.
    3. Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services.
    4. Any guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for that person’s carriage.
  37. “Person” includes every partnership, association, corporation, and limited liability company. No violation of this title may be excused because it was done as the agent or employee of another, nor because it was committed by or through an agent or employee of the person charged.
  38. “Personal watercraft” means a motorboat that is powered by an inboard motor powering a water jet pump or by an inboard or outboard marine engine and which is designed to be operated by a person sitting, standing, or kneeling on the craft, rather than in a conventional manner of sitting or standing inside a motorboat.
  39. “Possession” means control, actual possession, and constructive possession of the article or thing specified.
  40. “Private fish hatchery” means a body of water, whether natural or artificial, and any other facilities used, maintained, or operated by any private person, firm, corporation, or limited liability company for the propagation and production of fish for sale or planting in other waters. Except in the case of trout, walleye, northern pike, and crappie, which may be raised in a private fish hatchery without the director’s approval, the director may, by rule, regulate the species of fish which may be raised in a private fish hatchery. No waters stocked by any state or federal governmental agency may be considered a private fish hatchery.
  41. “Public waters” means waters to which the general public has a right to access.
  42. “Resident” means any person who has actually lived within this state or maintained that person’s residence therein for at least six months immediately preceding the date that residence is to be determined. A person’s residence is the place where the person remains when not called elsewhere for special or temporary purposes. A resident can only have one residence and a residence cannot be lost until another is gained. A residence or home is a permanent building or part of a building and may include a house, condominium, apartment, room in a house, or mobile home. A rental property, vacant lot, or house, cabin, or premises used primarily for business or recreational pursuits may not be considered a residence. A “nonresident” is any person who has not actually lived within this state or maintained that person’s residence within this state for at least six months immediately preceding the date that residence is to be determined.
  43. “Resident species” means any species nearly all of whose individuals in this state are located within this state for at least three-fourths of annual cycle of the species.
  44. “Retrieve” means to have taken possession and made ready for transportation.
  45. “Sell” and “sale” means any sale or offer to sell, or possession with intent to sell, use, or dispose of, the article or thing specified, contrary to law.
  46. “Shooting preserve” or “preserve” means any privately owned or leased acreage [hectarage] on which hatchery-raised game birds are released to be hunted for a fee over an extended season.
  47. “Sinkbox” or “sunken device” means a raft or any type of low floating device having a depression that affords a hunter a means of concealing that person below the surface of the water.
  48. “Slow or no wake speed” means the slowest possible speed necessary to maintain steerage.
  49. “Small game” includes all game birds and tree squirrels.
  50. “Species” includes any subspecies of wildlife and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature.
  51. “Threatened species” means any species which is likely to become an endangered species within the foreseeable future and includes any species classified as threatened pursuant to the Endangered Species Act of 1973, Public Law 93-205.
  52. “Transport” means to cause or attempt to cause a species to be carried or moved into or within the state and includes accepting or receiving the species for transportation or shipment. The term does not include the unintentional transport of a species while on a specific water of the state or to a connected water of the state where the species being transported is already present.
  53. “Undocumented vessel” means a vessel which does not have a valid marine document as a vessel of the United States.
  54. “Vessel” means any watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
  55. “Waterfowl” includes all varieties of geese, brant, swans, ducks, rails, and coots.
  56. “Waters” when not qualified means waters not open to the general public.
  57. “Waters of the state” means all waters of this state, including boundary waters. This title extends to and is in force and effect over, upon, and in all such waters.
  58. “Wildlife” means any member of the animal kingdom including any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. Wildlife does not include domestic animals as defined by section 36-01-00.1 or birds or animals held in private ownership.

The term also includes any species classified as endangered pursuant to the Endangered Species Act of 1973, Public Law 93-205.

Source: S.L. 1973, ch. 202, § 8; 1973, ch. 203, § 1; 1973, ch. 204, § 1; 1973, ch. 205, § 1; 1975, ch. 201, § 1; 1975, ch. 210, § 2; 1975, ch. 211, § 1; 1975, ch. 214, §§ 6 to 10; 1977, ch. 199, §§ 1 to 6; 1979, ch. 293, § 1; 1979, ch. 297, § 2; 1981, ch. 251, § 1; 1983, ch. 259, § 1; 1983, ch. 260, § 1; 1985, ch. 270, § 1; 1989, ch. 274, § 1; 1991, ch. 230, § 1; 1991, ch. 231, § 3; 1991, ch. 232, § 1; 1991, ch. 233, § 1; 1993, ch. 54, § 106; 1995, ch. 237, § 1; 1995, ch. 347, § 3; 2003, ch. 202, § 1; 2005, ch. 204, § 1; 2005, ch. 205, § 1; 2005, ch. 221, § 1; 2005, ch. 229, § 1; 2011, ch. 173, § 1; 2011, ch. 169, § 1; 2013, ch. 188, § 1.

Cross-References.

Word defined by statute always has same meaning, see N.D.C.C. § 1-01-09.

Notes to Decisions

Possession.

Because no mental state is required by N.D.C.C. § 20.1-06-04, and because subsection (27) (now (38)) under this section specifically includes the concept of constructive possession within the meaning of possession for the crime, possession of illegal fishtraps under N.D.C.C. § 20.1-06-04 is a strict liability offense. State v. Brandner, 551 N.W.2d 284, 1996 N.D. LEXIS 175 (N.D. 1996).

Collateral References.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use, 118 A.L.R.5th 347.

20.1-01-03. Ownership and control of wildlife is in the state — Damages — Schedule of monetary values — Civil penalty.

The ownership of and title to all wildlife within this state is in the state for the purpose of regulating the enjoyment, use, possession, disposition, and conservation thereof, and for maintaining action for damages as herein provided. Any person catching, killing, taking, trapping, or possessing any wildlife protected by law at any time or in any manner is deemed to have consented that the title thereto remains in this state for the purpose of regulating the taking, use, possession, and disposition thereof. The state, through the office of attorney general, may institute and maintain any action for damages against any person who unlawfully causes, or has caused within this state, the death, destruction, or injury of wildlife, except as may be authorized by law. The state has a property interest in all protected wildlife. This interest supports a civil action for damages for the unlawful destruction of wildlife by willful or grossly negligent act or omission. The director shall adopt by rule a schedule of monetary values of various species of wildlife, the values to represent the replacement costs of the wildlife and the value lost to the state due to the destruction or injury of the species, together with other material elements of value. In any action brought under this section, the schedule constitutes the measure of recovery for the wildlife killed or destroyed. Notwithstanding the director’s schedule of monetary values, an individual who unlawfully takes a bighorn sheep, elk, or moose is subject to a civil penalty for the replacement value of the animal of five thousand dollars for a bighorn sheep, three thousand dollars for an elk, and two thousand dollars for a moose. For a male bighorn sheep, elk, or moose over two and one-half years of age, the civil penalty for the replacement value of the animal is an additional fifty percent of the penalty. The funds recovered must be deposited in the general fund, and devoted to the propagation and protection of desirable species of wildlife.

Source: S.L. 1973, ch. 202, § 8; 1973, ch. 206, § 1; 1983, ch. 261, § 1; 1991, ch. 231, § 4; 1991, ch. 232, § 2; 2003, ch. 192, § 1.

Cross-References.

Possession or control as prima facie evidence of taking in state, see N.D.C.C. § 20.1-01-14.

When animals, wild by nature, are the subjects of private ownership, see N.D.C.C. § 47-01-08.

Notes to Decisions

Animals Taken Out of Season.

No person can acquire title to or right to sell muskrat pelts unless such pelts are those of animals taken in open season, and pelts of animals taken out of season are subject to seizure by the state. State v. Hastings, 77 N.D. 146, 41 N.W.2d 305, 1950 N.D. LEXIS 114 (N.D. 1950).

Ownership of Ferae Naturae.

Although the repealed Game, Fish, and Predators title provides that the ownership of fish, while they are in a state of freedom, is in the state for the purposes of regulation of their taking and conservation, the interest of the state in fish running wild in the streams of the state is that of a sovereign, and not that of an owner. State by Stuart v. Dickinson Cheese Co., 200 N.W.2d 59, 1972 N.D. LEXIS 127 (N.D. 1972).

Standing for Antipollution Action.

Under the repealed Fish and Game title, state does not have sufficient ownership in fish to support a civil action for damages under the Antipollution Act (N.D.C.C. ch. 61-28) against one who unlawfully pollutes a stream causing the killing of fish while they are in the wild state. State by Stuart v. Dickinson Cheese Co., 200 N.W.2d 59, 1972 N.D. LEXIS 127 (N.D. 1972).

Law Reviews.

Constitutional Law — Commerce Clause and Privileges and Immunities Clause: Eighth Circuit Court of Appeals Upholds North Dakota’s Nonresident Hunting Regulations, Reaffirming States’ Rights to Regulate Wildlife Resources Within Their Borders, 83 N.D. L. Rev. 1029 (2007).

20.1-01-04. Attorney general, state’s attorneys, sheriffs, and peace officers to enforce game and fish laws.

The attorney general, and all state’s attorneys, sheriffs, and other peace officers shall enforce this title. The attorney general and the state’s attorney of the county in which an action is to be brought or is pending shall appear for the director in all civil actions in which the director or any of the game wardens may be interested officially and shall appear in the prosecution of criminal actions arising under this title.

Source: S.L. 1973, ch. 202, § 8; 1985, ch. 151, § 17; 1991, ch. 231, § 5.

Cross-References.

Peace officers and other persons to enforce and aid in enforcing title, see N.D.C.C. § 20.1-02-14.

20.1-01-05. Unauthorized methods of taking game birds and game animals.

Except as otherwise provided in this title, no person, for the purpose of catching, taking, killing, or raising any game birds or game animals may:

  1. Set, lay, or prepare any trap, snare, artificial light, net, birdlime, swivel gun, or any other device, except that the use of snares for taking coyotes is allowed under section 20.1-07-03.1;
  2. Drag, in any manner, any wire, rope, or other contrivance; or
  3. Use or cause to be used, except for transportation, any floating device or apparatus operated by electricity, steam, or gasoline, or any other floating vessel.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 202, § 1; 1985, ch. 271, § 1; 1985, ch. 683, § 2.

Cross-References.

Artificial light, prohibition against hunting with, see N.D.C.C. §§ 20.1-01-08, 20.1-05-04.

Big game, unlawful methods of taking, see N.D.C.C. § 20.1-05-04.

Ducks and geese, use of blinds, boats and decoys in taking, see N.D.C.C. § 20.1-04-11.

Fish, illegal methods of taking, see N.D.C.C. § 20.1-06-06.

Fur-bearing animals, manner of taking, see N.D.C.C. § 20.1-07-05.

Governor’s orders, see N.D.C.C. § 20.1-08-04.

Gun dogs, training and running loose, see N.D.C.C. § 20.1-04-12.

Possession and sale of silencers, see N.D.C.C. §§ 62.1-05-01, 62.1-05-02.

Possession of silencer, penalty, see N.D.C.C. § 62.1-05-01.

Raccoons, guns usable in taking with flashlight, see N.D.C.C. § 20.1-01-09.

Use of firearms by certain minors prohibited, see N.D.C.C. § 62.1-02-07.

20.1-01-06. Being afield with gun or other firearm or bow and arrow while intoxicated prohibited — Penalty.

No person may be afield at any time, with a gun or other firearm or a bow and arrow, while intoxicated or under the influence of alcoholic beverages or drugs. Upon conviction of a person for violating this section, that person’s hunting license is void. The judge of the convicting court shall take the license, mark it revoked, and send it to the department. If the conviction is reversed on appeal, the license must be restored to the defendant. Game wardens, including special wardens, have the authority of a general peace officer in the enforcement of this section. In addition to the penalty provided in this chapter, any person convicted of committing a subsequent offense under this section is ineligible for a hunting license in this state for two years from and after the conviction.

Source: S.L. 1973, ch. 202, § 8; 1991, ch. 230, § 2.

Cross-References.

Penalty, see N.D.C.C. § 20.1-01-01.

20.1-01-07. Hunting big game or small game other than waterfowl or cranes with motor-driven vehicles prohibited — Exception — Motor-driven vehicle use in transporting big game restricted.

Except as provided in subsection 10 of section 20.1-02-05 and as otherwise provided in this section, a person, other than the landowner, without the written permission of the landowner or a lessee who actively farms or ranches that land, while hunting big game or small game, other than waterfowl or cranes, statewide, may not use a motor-driven vehicle on any land other than an established road or trail, unless that person has reduced a big game animal to possession and cannot easily retrieve the big game animal, in which case a motor-driven vehicle may be used to retrieve the big game animal, but after retrieval, the motor-driven vehicle must be returned to the established road or trail along the same route it originally departed. A person may not use a motor-driven vehicle on any land other than an established road or trail to hunt upland game during the deer gun season. For purposes of safety and allowing normal travel, a motor-driven vehicle may be parked on the roadside or directly adjacent to said road or trail. No person, while hunting big game or small game, statewide, may drive or attempt to drive, run or attempt to run, molest or attempt to molest, flush or attempt to flush, or harass or attempt to harass any such game with the use or aid of any motor-driven vehicle. A person, other than the landowner, without the written permission of the landowner or a lessee who actively farms or ranches that land, while hunting big game or small game, other than waterfowl or cranes, statewide, may not drive through any retired cropland, brush area, slough area, timber area, open prairie, or unharvested or harvested cropland, except upon an established road or trail. The provisions of this section relating to hunting big game or small game while using a motor-driven vehicle on any land other than an established road or trail without the written permission of the landowner or a lessee who actually farms or ranches that land do not apply to the hunting of big game during an open and lawful season for small game.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 203, § 1; 1975, ch. 204, § 1; 1979, ch. 294, § 1; 1981, ch. 252, § 1; 1989, ch. 69, § 12; 2005, ch. 206, § 1; 2005, ch. 207, § 1.

20.1-01-08. Hunting with artificial light prohibited — Exception.

It is unlawful for an individual to pursue, shoot, kill, take, or attempt to take any wildlife between sunset of one day and sunrise of the next, with the aid of a spotlight or any other artificial light except:

  1. At any time throughout the year, an individual or the individual’s agent may use a lantern, spotlight, night vision, thermal vision, infrared light, or other artificial light to assist the individual in pursuing and shooting on the individual’s premises any coyote, fox, skunk, mink, raccoon, beaver, weasel, rabbit, or other predatory animal attempting to destroy the individual’s poultry, livestock, or other property; and
  2. An individual may use an artificial light, night vision, thermal vision, or infrared light with a power source of not more than six volts while hunting afoot for coyote, fox, raccoon, or beaver during the open season on the animal. The artificial light must produce a red, green, or amber color when used in the hunting of coyote, fox, raccoon, or beaver, except when taking a raccoon treed or at bay.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 106, § 196; 1979, ch. 295, § 1; 2003, ch. 193, § 1; 2011, ch. 170, § 1; 2019, ch. 195, § 1, effective August 1, 2019; 2021, ch. 181, § 1, effective August 1, 2021.

Cross-References.

Hunting big game with artificial light prohibited, see N.D.C.C. § 20.1-05-04.

Notes to Decisions

Exception Applicable to Agents and Employees.

Owner or person in lawful possession of the premises may call upon his agents or employees to protect his property against predatory animals or birds on his premises which are attacking and attempting to destroy his property; such agents or employees may avail themselves of the exemption contained in this section only if such predators have been attacking and attempting to destroy poultry, livestock, or other property and only if the artificial light is used on the premises of the owner or person lawfully in possession of the premises who appoints or hires the agent or employee. State v. Reich, 298 N.W.2d 468, 1980 N.D. LEXIS 307 (N.D. 1980).

20.1-01-09. Types of guns lawfully usable in taking raccoon and beaver with flashlight — Penalty.

In the killing, shooting, pursuing, taking or in attempting to take raccoon or beaver with the use of a flashlight with a power source of not over six volts, it is illegal to use a rifle or handgun capable of firing a shell larger than a twenty-two caliber [5.59 millimeter] long rifle shell, or a shotgun larger than four-ten gauge [10.41 millimeters]. An individual who violates this section is guilty of a class 1 noncriminal offense.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 106, § 197; 1981, ch. 253, § 1; 1985, ch. 272, § 1; 2003, ch. 193, § 2; 2011, ch. 170, § 2.

20.1-01-10. Hours for hunting game birds and protected animals — Penalty. [Repealed]

Repealed by S.L. 1991, ch. 250, § 3.

Cross-References.

For present provisions relating to proclamations by the governor concerning the hunting of predators, see N.D.C.C. § 20.1-08-04.7.

20.1-01-11. Hunting and harassing game from aircraft, motor vehicle, or snowmobile prohibited.

Except as provided in this title, or when necessary for the protection of life or property except as provided in section 20.1-02-05, no person operating or controlling the operation of any aircraft or motor vehicle in this state may intentionally kill, chase, or harass any wild animal or wild bird, protected or unprotected. No person, while operating a snowmobile in this state, may intentionally kill, chase, flush, or harass any wild animal or wild bird, protected or unprotected.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 204, § 2; 1975, ch. 205, § 1; 1979, ch. 296, § 1.

Cross-References.

Jurisdiction of offense committed in airplane in flight, see N.D.C.C. § 2-03-08.

Venue of offense in or against aircraft, see N.D.C.C. § 29-03-07.

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

No person may hire another person to hunt small game or big game for the hiring person, nor may any person hunt small game or big game for another for remuneration.

Source: S.L. 1973, ch. 202, § 8.

20.1-01-13. Aiding in concealment of game unlawfully taken or possessed — Unlawful.

No person may knowingly aid or assist in the concealment of any game that has been unlawfully taken or that is unlawfully possessed.

Source: S.L. 1973, ch. 202, § 8.

20.1-01-14. Possession or control of wildlife prima facie evidence of criminal offense.

Possession or control by any person of any wildlife, or any part thereof, the killing, taking, or possessing of which is unlawful, is prima facie evidence the wildlife was caught, taken, or killed in this state in violation of this title.

Source: S.L. 1973, ch. 202, § 8; 1991, ch. 232, § 3.

Cross-References.

Big game, prima facie evidence of unlawful hunting, see N.D.C.C. § 20.1-05-05.

Confiscation, see N.D.C.C. ch. 20.1-10.

Posted land, entry with firearm as prima facie evidence, see N.D.C.C. § 20.1-01-20.

State ownership of game and fish, see N.D.C.C. § 20.1-01-03.

Collateral References.

Validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

20.1-01-15. Joint violator testifying against other participants not subject to prosecution. [Repealed]

Repealed by S.L. 1989, ch. 275, § 1.

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

No transportation company or common carrier may receive for transportation, transport, or attempt to transport any protected game birds, animals, or fish, except during the open season on such birds, animals, or fish.

Source: S.L. 1973, ch. 202, § 8.

Cross-References.

Common carrier defined, see N.D.C.C. § 8-07-01.

20.1-01-17. Posting of lands by owner to prohibit hunting — How posted — Signs defaced.

  1. Only the owner or an individual authorized by the owner of land may post the land. To post the land, an individual shall:
    1. Place signs alongside the public highway or the land giving notice that hunting is not permitted on the land. The name of the person posting the land must appear on each sign in legible characters. The signs must be readable from the outside of the land and must be placed conspicuously not more than eight hundred eighty yards [804.68 meters] apart. As to land entirely enclosed by a fence or other enclosure, posting of signs at or on all gates through the fence or enclosure constitutes a posting of all the enclosed land; or
    2. Designate the land as posted or closed to hunting in an online database or other electronic application maintained or authorized by the state and available to the public which identifies whether land is available to hunters. The name of the person posting the land electronically must be visible to users of the online database or electronic application.
  2. A person may not deface, take down, destroy posting signs, or post property without the permission of the owner or an individual authorized by the owner.
  3. Even if the conduct of the owner or individual authorized by the owner varies from the provisions of subsection 1, an individual may be found guilty of violating section 20.1-01-18 if the owner or individual authorized by the owner substantially complied with subsection 1 and notice against hunting or trespassing is clear from the circumstances.

Source: S.L. 1973, ch. 202, § 8; 1983, ch. 260, § 2; 1991, ch. 126, § 2; 2009, ch. 200, § 1; 2021, ch. 182, § 2, effective August 1, 2021.

Cross-References.

Landowner’s consent before posting waterfowl rest areas, see N.D.C.C. § 20.1-11-11.

Marking of game farms, refuges, management areas, breeding grounds and resting places, defacing signs, see N.D.C.C. § 20.1-11-10.

Posting of game refuges and management areas, see N.D.C.C. § 20.1-11-07.

Notes to Decisions

Owner of Lands on Both Sides of Highway.

Where party who owned land adjoining both sides of a section line which had been opened as a highway posted “no hunting” signs on both sides thereof, he showed that he intended to include the highway within the posted area. Rutten v. Wood, 79 N.D. 436, 57 N.W.2d 112, 1953 N.D. LEXIS 53 (N.D. 1953).

Law Reviews.

North Dakota Supreme Court Review (Gray v. North Dakota Game & Fish Dep’t), 82 N.D. L. Rev. 1033 (2006).

20.1-01-18. Hunting on posted land and trapping on private land without permission unlawful — Penalty.

No person may hunt or pursue game, or enter for those purposes, upon legally posted land belonging to another without first obtaining the permission of the person legally entitled to grant the same. No person may enter upon privately owned land for the purpose of trapping protected fur-bearing animals without first gaining the written permission of the owner or operator of that land. A person who violates this section is guilty of a class B misdemeanor for the first offense and a class A misdemeanor for a subsequent offense within a two-year period.

Source: S.L. 1973, ch. 202, § 8; 1977, ch. 200, § 1; 1991, ch. 127, § 2.

Law Reviews.

North Dakota Supreme Court Review (Gray v. North Dakota Game & Fish Dep’t), 82 N.D. L. Rev. 1033 (2006).

20.1-01-19. When posted land may be entered.

Any person may enter upon legally posted land to recover game shot or killed on land where the person had a lawful right to hunt.

Source: S.L. 1973, ch. 202, § 8.

Collateral References.

Entry on private lands in pursuit of wounded game as criminal trespass, 41 A.L.R.4th 805.

Notes to Decisions

Constitutionality.

Property owner's constitutional challenge to the statute was improper because nothing in the record indicated that the owner provided written notice to the attorney general regarding his challenge; the owner provided little authority to support his constitutional challenge. Gray v. Berg, 2016 ND 82, 878 N.W.2d 79, 2016 N.D. LEXIS 83 (N.D. 2016).

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

Proof that a person having a firearm, or other weapon declared legal by governor’s proclamation, in the person’s possession entered upon the legally posted premises of another without permission of the owner or tenant is prima facie evidence the person entered to hunt or pursue game.

Source: S.L. 1973, ch. 202, § 8.

Collateral References.

Validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

20.1-01-21. Hunting near occupied building without permission unlawful.

No person may hunt or pursue game upon the premises of another, within four hundred forty yards [402.34 meters] of any occupied building, without consent of the person occupying such building.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 206, § 1.

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

It is unlawful to hunt or pursue game in unharvested cereal or oilseed crops without permission of the owner or tenant. Cereal crops include alfalfa, clover, and other grasses grown for seed. Oilseed crops include sunflower, safflower, rapeseed or canola, crambe, soybeans, and flax.

Source: S.L. 1973, ch. 202, § 8; 2009, ch. 201, § 1.

20.1-01-22.1. Hunting on utility lines prohibited.

No person may hunt birds resting on utility lines or fixtures adjacent to such lines.

Source: S.L. 1979, ch. 297, § 1; 1983, ch. 82, § 42.

20.1-01-23. Fence gates to be closed — Penalty — Violator’s hunting license forfeited.

A person who opens a gate or bars in a fence enclosing farm premises may not leave such gate or bars open unless the person is in lawful possession of the premises. If a person violates this section while hunting, that person is guilty of a class B misdemeanor, and that person’s hunting license must be forfeited for the remainder of the then current hunting season. A summary of the provisions of this section must be printed on each general game and fur-bearer license.

Source: S.L. 1973, ch. 202, § 8; 1975, ch. 106, § 198.

Cross-References.

Closing fence gates, see N.D.C.C. ch. 47-27.

20.1-01-24. Impersonating game wardens unlawful.

No person may falsely claim the authority of or impersonate a game warden.

Source: S.L. 1973, ch. 202, § 8.

20.1-01-25. Deposit of refuse unlawful — Penalty.

The deposit of litter, refuse, rubbish, bottles, cans, or other waste materials, on or in the vicinity of a game refuge, lake, river, public park, or recreation area is prohibited. All law enforcement officers of this state shall enforce this section. A person who willfully violates this section is guilty of an infraction for which a minimum fine of one hundred dollars must be imposed.

Source: S.L. 1973, ch. 202, § 8; 1985, ch. 272, § 3; 1993, ch. 225, § 1; 2011, ch. 192, § 1.

Cross-References.

Deposit of refuse in fishing waters, see N.D.C.C. § 20.1-06-09.

20.1-01-25.1. Tampering with traps unlawful.

No person may in any manner willfully destroy, molest, disturb, or tamper with any net, trap, crib, or other contrivance being used by the department for the purpose of catching or holding wildlife. No unauthorized person may remove any wildlife from any net, trap, crib, or other contrivance being used by the department.

Source: S.L. 1981, ch. 254, § 1; 1983, ch. 82, § 43.

20.1-01-26. Suspension of hunting, trapping, or fishing privileges — Surrender and return of license.

In addition to the penalty provided upon conviction under this title, the court may suspend the defendant’s hunting, trapping, or fishing privileges for up to three years; however, if the defendant is convicted of an offense under section 20.1-01-33, the court may suspend the defendant’s hunting, trapping, or fishing privileges for up to the life of the defendant but not less than five years. The court may not suspend the defendant’s privileges for a noncriminal violation if the defendant has not been convicted for a violation of this title in the last three years. Upon conviction for a violation of section 20.1-01-18, the court shall suspend the defendant’s hunting, fishing, and trapping privileges for a period of at least one year, two years for the second conviction, and three years for the third or subsequent conviction. At the time of the suspension, the court shall determine whether the defendant must successfully complete the hunter education course provided for in section 20.1-03-01.1, as prescribed by the proper state or provincial natural resources or wildlife management agency, before the defendant may purchase a new or obtain the return of a valid hunting license.

Upon imposition of the suspension, the court shall take any hunting, trapping, or fishing license or permit held by the defendant and forward it, together with a certified copy of the suspension order, to the director. Except as otherwise provided in this section, upon expiration of the suspension, the director shall return the person’s license or permit if it is still valid. No person may purchase, or attempt to purchase, a hunting, trapping, or fishing license or permit during a suspension period. If the court so ordered, no person who has had a hunting license suspended may purchase or attempt to purchase a hunting license nor may the director return a valid hunting license until the person has successfully completed the course provided for in section 20.1-03-01.1 and as prescribed by the proper state or provincial natural resources or wildlife management agency. A certificate of completion for a similar course issued by any other state or province of Canada is sufficient to meet this requirement. The person shall file proof of that completion with the court.

For the purpose of this section, the term “conviction” includes an admission or adjudication of a noncriminal violation.

Source: S.L. 1973, ch. 202, § 8; 1983, ch. 262, § 1; 1985, ch. 272, § 4; 1991, ch. 127, § 3; 1991, ch. 231, § 6; 2009, ch. 202, § 1.

Law Reviews.

Rights to Ground Water in North Dakota — Trends and Opportunities, 71 N.D. L. Rev. 619 (1995).

Notes to Decisions

Trespass.

N.D.C.C. § 20.1-01-17 does not create an exception to N.D.C.C. § 12.1-22-03; instead, it creates a separate offense imposing a separate penalty that includes the loss of hunting privileges. State v. Bearrunner, 2019 ND 29, 921 N.W.2d 894, 2019 N.D. LEXIS 29 (N.D. 2019).

20.1-01-26.1. Hunting, trapping, or fishing prohibited while privileges are suspended — Penalty. [Effective through August 31, 2022]

No person may directly or indirectly hunt, trap, or fish or assist in any way in hunting, trapping, or fishing while the person’s privileges have been suspended by a court or by the department of human services under section 50-09-08.6. Any person violating this section is guilty of a class A misdemeanor.

Source: S.L. 1983, ch. 262, § 2; 2009, ch. 419, § 7.

20.1-01-26.1. Hunting, trapping, or fishing prohibited while privileges are suspended — Penalty. [Effective September 1, 2022]

No person may directly or indirectly hunt, trap, or fish or assist in any way in hunting, trapping, or fishing while the person’s privileges have been suspended by a court or by the department of health and human services under section 50-09-08.6. Any person violating this section is guilty of a class A misdemeanor.

Source: S.L. 1983, ch. 262, § 2; 2009, ch. 419, § 7; 2021, ch. 352, § 99, effective September 1, 2022.

20.1-01-27. Disposition of animals killed by motor vehicle.

Whenever any big game animal is killed by a motor vehicle on a public highway or roadway, any person who desires to possess that animal shall notify as soon as possible any game warden or other authorized person. The authorized person shall give a dated and written note of validation which allows legal possession of the animal and authorizes the person whose name appears thereon to possess or dispose of the animal. The note of validation must remain with the carcass while in processing or storage. There is no fee for the inspection and validation.

Source: S.L. 1979, ch. 298, § 1; 1983, ch. 263, § 1.

Collateral References.

Liability for killing or injuring, by motor vehicle, livestock or fowl upon highway, 55 A.L.R.4th 822.

Governmental liability for failure to post highway deer crossing warning signs, 59 A.L.R.4th 1217.

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

Any person who has been cited for a violation that is designated as a noncriminal offense in this title or in related rules or proclamations may appear before a court of competent jurisdiction and pay the statutory fee at or prior to the time scheduled for a hearing, or if bond has been posted, may forfeit the bond by not appearing at the scheduled time. A person appearing at the time scheduled in the citation may make a statement in explanation of that person’s action and the judge may at that time waive, reduce, or suspend the statutory fee or bond, or both. If the person cited follows the foregoing procedures, that person has admitted the violation and has waived the right to a hearing on the issue of commission of the violation. The bond required to secure appearance before the judge must be identical to the statutory fee established by section 20.1-01-30. Within ten days after forfeiture of bond or payment of the statutory fee, the judge shall certify to the director admission of the violation.

This section does not allow a halting officer to receive the statutory fee or bond.

Source: S.L. 1985, ch. 272, § 5; 1987, ch. 269, § 1; 1991, ch. 231, § 7.

20.1-01-29. Hearing procedures.

  1. If a person cited for a violation that is designated as a noncriminal offense in this title or in related rules or proclamations does not choose to follow one of the procedures set forth in section 20.1-01-28, that person may request a hearing on the issue of the commission of the violation charged. The hearing must be held at the time scheduled in the citation or at some future time, not to exceed ninety days later, set at that first appearance.
  2. At the time of a request for a hearing on the issue of commission of the violation, the person charged shall deposit with the court an appearance bond equal to the statutory fee for the violation charged.
  3. The state must prove the commission of a charged violation at the hearing under this section by a preponderance of the evidence. If, after a hearing, the court finds that the person had committed a noncriminal violation of this title or of related proclamations or rules, the court shall notify the department within ten days of the date of hearing.

Source: S.L. 1985, ch. 272, § 6; 1987, ch. 269, § 2.

20.1-01-30. Amount of statutory fees.

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

  1. For a class 1 noncriminal offense, a fee of fifty dollars.
  2. For a class 2 noncriminal offense, a fee of twenty-five dollars.
  3. For violation of a rule approved by the director or of an order or proclamation issued by the governor, the amount set in the rule, order, or proclamation up to a maximum of two hundred fifty dollars.

Source: S.L. 1985, ch. 272, § 7; 1987, ch. 269, § 3; 1991, ch. 231, § 8.

20.1-01-31. Interference with rights of hunters and trappers.

An individual may not intentionally interfere with the lawful taking of wildlife on public or private land by another or intentionally harass, drive, or disturb any wildlife on public or private land for the purpose of disrupting a lawful hunt. The individual may not use an aerial vehicle that does not carry a human operator on public or private land to intentionally interfere with the lawful taking of wildlife by another individual or intentionally harass, drive, or disturb any wildlife for the purpose of disrupting a lawful hunt. Except for department personnel, the individual setting the trap or snare, or that individual’s agent, another individual may not remove or tamper with a trap or snare legally set to take fur-bearing animals or unprotected wild animals or remove the fur-bearing animal or unprotected wild animal from a trap or snare. This section does not apply to any incidental interference arising from lawful activity by public or private land users or to landowners or operators interfering with hunters on land owned or operated by that individual.

Source: S.L. 1987, ch. 270, § 1; 1989, ch. 276, § 1; 1995, ch. 224, § 1; 2015, ch. 175, § 1, effective August 1, 2015.

Collateral References.

Validity and construction of statutes prohibiting harassment of hunters, fishermen, or trappers, 17 A.L.R.5th 837.

20.1-01-32. Use of handguns while hunting with bow and arrow or crossbow.

Notwithstanding any other provision of law, an individual may have a handgun, as defined in section 62.1-01-01, in that individual’s possession while hunting during any lawful archery hunting season.

Source: S.L. 2007, ch. 216, § 1.

20.1-01-33. Exploitation of wildlife — Penalty.

  1. A person is guilty of exploitation of wildlife if that person intentionally:
    1. Commits five or more title 20.1 class A misdemeanor offenses within a two-year period;
    2. Commits seven or more title 20.1 misdemeanor offenses within a two-year period;
    3. Furnishes assistance, management, or supervision to an individual who commits or assists in the commission of seven or more title 20.1 misdemeanor offenses within a two-year period; or
    4. Commits a title 20.1 misdemeanor offense after having been previously convicted of seven or more title 20.1 misdemeanor offenses within a ten-year period.
  2. Violation of this section is a class C felony and, in addition to other penalties imposed by law, is subject to section 20.1-01-26. The defendant being over a daily or possession limit of fish, small game, or waterfowl is not sufficient as a predicate offense for a conviction under subdivision b or c of subsection 1 unless the state proves that the conduct occurred over more than three days or the person takes or possesses more than four times a daily limit and the state alleges and proves beyond a reasonable doubt that the minimum number of predicate offenses required were committed intentionally. Except for a charge under subdivision d of subsection 1, the state may not charge an individual for both the predicate offense and a charge under this section. A conviction from another state or a federal court for an offense similar to one prescribed in title 20.1 may be used as a conviction under this section.

Source: S.L. 2009, ch. 202, § 2.

20.1-01-34. Crossbow legal weapon.

Notwithstanding any other provision of law, an individual may use a crossbow during the duration of any deer gun season the individual possesses the appropriate deer gun license.

Source: S.L. 2011, ch. 171, § 1.

Effective Date.

This section became effective August 1, 2011.

20.1-01-35. Hunting through the internet prohibited — Penalty.

  1. A person may not:
    1. Hunt through the internet;
    2. Host a hunt through the internet;
    3. Import, export, or possess wildlife or any part thereof which has been taken by a hunt through the internet; or
    4. Otherwise enable another person to hunt through the internet.
  2. A person who violates this section is guilty of a class C felony.

Source: S.L. 2011, ch. 169, § 2.

Effective Date.

This section became effective August 1, 2011.

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

  1. An individual in lawful possession of a device that will silence or deaden the sound or natural report of a firearm when the firearm is discharged may hunt any game for which the individual is licensed and for which a firearm is allowed with that device for or attached to the firearm.
  2. An individual in lawful possession of a short-barreled rifle may hunt any game for which the individual is licensed and for which a rifle is allowed.

Source: S.L. 2013, ch. 189, § 1; 2015, ch. 475, § 1, effective August 1, 2015.

20.1-01-37. Permission required for baiting — Penalty.

Without permission from the owner or an individual authorized by the owner of the property, an individual may not enter upon another person’s property and intentionally place bait to attract or manipulate the behavior of wildlife. An individual’s first violation of this section is a class 1 noncriminal offense. An individual’s second or subsequent violation of this section is an infraction for which a fine of two hundred fifty dollars must be imposed.

Source: S.L. 2021, ch. 183, § 2, effective August 1, 2021.

CHAPTER 20.1-02 Game and Fish Department

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

The governor shall appoint the director of the game and fish department. The director holds office for a term of four years beginning on the first day of July after the governor’s election and until a successor is appointed and qualified. The director is subject to removal by the governor for cause only.

Source: S.L. 1973, ch. 202, § 9; 1989, ch. 277, § 1; 1991, ch. 231, § 9.

Cross-References.

Definition of terms used in title, see N.D.C.C. § 20.1-01-02.

20.1-02-02. Oath of director.

Before entering upon that individual’s duties and within ten days after the date of appointment, the director shall take and file the oath prescribed for civil officers.

Source: S.L. 1973, ch. 202, § 9; 1991, ch. 231, § 10; 2005, ch. 261, § 4.

Cross-References.

Bonds of civil officers, see N.D.C.C. ch. 26.1-21.

Filing of bonds issued in lieu of those issued by the state bonding fund, see N.D.C.C. § 54-09-02.

Oath of civil officers, see N.D.C.C. § 44-01-05.

20.1-02-03. Compensation and expenses of director — Audit and payment.

The salary of the director must be within the amount appropriated for salaries by the legislative assembly. The director must be reimbursed for the necessary expenses incurred by the director in the performance of the director’s duties. The director’s salary and expenses must be paid out of the game and fish fund and must be audited and paid in the same manner as the salary and expenses of other state officers.

Source: S.L. 1973, ch. 202, § 9; 1981, ch. 535, § 6; 1991, ch. 231, § 11.

Cross-References.

Monthly payment of salaries, see N.D.C.C. § 54-06-06.

Traveling expenses, see N.D.C.C. §§ 44-08-03 to 44-08-05.1, 54-06-09.

20.1-02-04. Duties of director.

The director shall:

  1. Maintain an office in Bismarck.
  2. Adopt rules necessary to the conduct of the department.
  3. Keep an accurate record of all the transactions and expenditures of the department and submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.
  4. Enforce state laws involving wildlife.
  5. Collect and distribute statistics and information germane to this title and publish information and reports, including a monthly bulletin, for the education of the public in conservation matters.
  6. Examine all waters of the state and, wherever suitable waters are found, arrange to plant, stock, or deposit available fish, spawn, or fry.
  7. Cooperate with the United States fish and wildlife service, or any other appropriate federal agency, and make applications for fish, spawn, and fry, to apportion and deposit in waters of the state.
  8. Cooperate with and assist clubs and individuals in stocking the waters of this state with fish.
  9. Remove or take from any public waters containing a surplus of fish any reasonable quantity of fish for stocking other public waters, hatching or propagating purposes, or exchange with other states and countries.
  10. Control, construct, mark, designate, manage, and have charge of all state fish hatcheries, state game farms, game refuges, and game reserves owned, leased, or controlled for the propagation and protection of game birds, game animals, and fish.
  11. Supervise the breeding, propagation, capture, distribution, and preservation of game birds, game animals, and fish as the director deems advisable.
  12. Adopt rules necessary for carrying out section 20.1-10-01 and these rules have the force of law after one publication in the daily newspapers of this state.
  13. Provide the necessary blank forms for making applications for licenses of all kinds and distribute them among those authorized to sell licenses.
  14. Keep a record of all permits issued for the purpose of propagation and domestication of game birds or protected animals.

Source: S.L. 1973, ch. 202, § 9; 1973, ch. 403, § 15; 1975, ch. 466, § 16; 1991, ch. 231, § 12; 1991, ch. 232, § 4; 1995, ch. 350, § 15; 2011, ch. 172, § 1; 2013, ch. 190, § 1; 2017, ch. 176, § 1, effective April 18, 2017.

Cross-References.

Big game hunting license, seals to be furnished with each license, see N.D.C.C. § 20.1-05-07.

County auditors to be furnished with forms for making reports, see N.D.C.C. § 20.1-03-19.

Propagation of protected animals and game birds, see N.D.C.C. 20.1-09.

Supervision of game refuges, see N.D.C.C. ch. 20.1-11.

Taxidermy, issuance of license to practice, see N.D.C.C. § 20.1-03-15.

20.1-02-05. Powers of director.

The director may:

  1. Fix the salaries and the necessary travel and other expenses of department personnel subject to law and legislative appropriations.
  2. Employ any part-time personnel necessary to run the director’s office and remove the employees at will. Salaries and necessary traveling and other expenses of these appointees must be authorized, audited, and paid in the same manner as salaries and expenses of state officers.
  3. Accept from any person, or gather, or purchase, fish, spawn, or fry, for distribution in state waters.
  4. Take alive at any time, under the director’s personal supervision or under the personal supervision of any of the director’s bonded appointees, any birds or animals for propagation purposes or for exchange with other states and foreign countries for game birds and animals of other species.
  5. Order additional protection for any fish with an open season when, after investigation, the director finds danger of extinction, undue depletion in any waters, or to aid in the propagation and protection of immature fish, by prescribing how, how many, where, and when the fish may be taken. The orders have the force of law.
  6. Take or cause to be taken at any time from any state public waters any suckers, carp, or pickerel.
  7. With the governor’s approval, purchase, lease, or, subject to chapter 32-15, condemn real estate, when it is required to carry out this title, and sell it when it is no longer required, in the name of the state.
  8. Lease up to ninety-nine years any department land, for the purpose of development and improvement, to any nonprofit corporation, upon consideration of specified improvements to be made by the corporation and other improvements the department and the corporation may agree upon. The lease must provide that all funds received by the corporation through lease of the property be expended upon the leased premises for development and improvements. The corporation has the authority, subject to approval by the director, to sublease the premises for cabin sites and other recreational purposes. Upon termination of the lease, the leased property, together with all improvements, reverts to the department.
  9. Secure specimens of game birds, animals, and fish for breeding purposes by purchase or otherwise and by exchange with the game commissions or state game wardens of other states or countries.
  10. Issue special permits to shoot wildlife from a stationary motor vehicle upon application from individuals who are physically unable to walk for purposes of hunting or taking wildlife or who have lost the use of an arm at or below the elbow. The application must be accompanied by a statement from a physician, physician assistant, or advanced practice registered nurse which verifies the individual’s condition, and if used to hunt on lands controlled by the board of university and school lands, must designate the land on which the individual intends to hunt. The permittee must have permission from the lessee and the commissioner of university and school lands to hunt on lands controlled by the board of university and school lands. A permit issued under this subsection allows the permittee to drive, or to be driven, onto any land for the purposes of hunting wildlife, except that neither any other passenger within the vehicle nor the driver, if someone other than the permittee, may be a hunter, unless the other individual also is a permittee. If the land is privately owned and if the permittee is not going to drive or be driven along an established road or trail, the permittee first must obtain the consent of the owner or lessee to hunt on the land in the manner provided in this title.
  11. Issue to any individual who is blind, is a paraplegic, or who has lost the use of one or both arms a special permit to hunt game with a crossbow if that individual otherwise complies with and qualifies under the licensing and other provisions of this title. Battery-powered and electronic-lighted sight pins and telescopic sights not exceeding a maximum power of eight may be attached to crossbows used for hunting under this subsection. However, an individual who is blind and who receives a special permit to hunt game with a crossbow under this subsection may hunt only on a preserve or area approved by the director. For purposes of this subsection, an individual who is blind means an individual who is totally blind, whose central visual acuity does not exceed twenty/two hundred in the better eye with corrective lenses, or in whom the widest diameter of the visual field is no greater than twenty degrees.
  12. Issue any resident license and adopt rules if necessary to carry out resident licensing for each of the following, except a lottery permit or license may be issued only to an individual who qualifies as a resident under subdivision a:
    1. A resident who is eligible for a license under this title, except that the director shall issue a license on proper application. A resident who is eighteen years of age or older must submit a valid driver’s license number from this state or valid nondriver photo identification number issued by this state before the director may issue a license.
    2. An individual who has come to the state with a bona fide intention of becoming a resident, even though that individual has not been a resident of this state for the required time period immediately preceding the application for the license. However, an individual who is eighteen years of age or older is not eligible for a resident license under this subsection unless that individual first produces a driver’s license number from this state or a nondriver photo identification number issued by this state and submits an affidavit of a bona fide resident setting forth the actual conditions of residency. An individual is not eligible for a resident license under this subsection if the individual maintains a valid resident hunting-related or fishing-related license from another state or country, unless the license is a lifetime license.
    3. An individual who is a member of the United States armed forces and who is within the state on duty or leave.
    4. An employee of the United States fish and wildlife service or the conservation department of any state or province of Canada in the state to advise or consult with the department.
    5. A nonresident full-time student living in this state who is attending an institution under the jurisdiction of the state board of higher education, a private institution of higher education, or a tribal college. A license may not be issued under this subdivision unless a valid student identification number accompanies the application.
    6. A resident of this state who applies for a resident deer hunting license, is a member of the United States armed forces stationed outside this state, who shows proof of North Dakota residence, including a driver’s license number from this state or a nondriver photo identification number from this state, and who pays the appropriate licensing fee, except the director shall issue the resident deer hunting license on proper application. A deer license issued to a member of the United States armed forces under this subdivision must be issued without being subject to the lottery for deer hunting licenses.
  13. Adopt rules, and issue permits for the transporting or introducing of fish, fish eggs, small game, big game, or fur-bearers after determining that the fish, fish eggs, birds, or animals have been properly inspected for disease, and that the transplanting or introduction will be in compliance with state laws and rules. No person may transplant or introduce any fish or fish eggs into any of the public waters of this state, or transplant or introduce any species of small game, big game, or fur-bearers into this state without obtaining a permit from the director.
  14. Pursuant to section 4-01-17.1, cooperate with the agriculture commissioner, the United States fish and wildlife service, and other agencies in the destruction of predatory animals, destructive birds, and injurious field rodents. The director may adopt rules in accordance with organized and systematic plans of the department of the interior for the destruction of these birds and animals. The director may determine the necessity and issue permits and rules and regulations therefor for the operation and use of private aircraft to assist in the destruction of the above birds and animals and aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops.
  15. Exercise authority to establish programs and rules and administer state and federal funds provided to the state for the preservation and management of resident species determined by the director to be threatened or endangered species of wildlife. The authority exercised must be in compliance with the Endangered Species Act of 1973, Public Law 93-205. Any person who violates rules adopted under this subsection is guilty of a class B misdemeanor.
  16. Provide for the funding of a private land habitat and access improvement program with moneys derived from the interest earned on the game and fish fund and habitat restoration stamp fees. The director shall place these funds in a special fund called the “game and fish department private land habitat and access improvement fund”.
  17. Carry out a private land habitat and access improvement program by:
    1. Entering cost-sharing, habitat enhancement, and access agreements with landowners or agencies working on private land to help defray all or a portion of their share of local, state, or federally sponsored conservation practices considered beneficial to fish and wildlife.
    2. Leasing and developing fish and wildlife habitat or sport fishing areas on private land. Except for purposes of subdivision i, public access to leased land may not be prohibited.
    3. Carrying out practices or designating an individual to carry out practices or authorizing or having the designee authorize landowners to carry out practices that will alleviate depredations caused by predatory animals and big game animals.
    4. Publishing a brochure on an annual basis describing areas funded from the game and fish department private land habitat and access improvement fund which are open to public access in this state.
    5. Receiving advice from the game and fish advisory board concerning expenditures from the game and fish department private land habitat and access improvement fund.
    6. Working with livestock producers experiencing chronic deer depredation problems to develop site-specific deer depredation management plans.
    7. Giving first consideration to producers impacted by deer foraging on stored winter forage when purchasing winter deer management supplies.
    8. Making available the sum of one million dollars from each biennial game and fish department appropriation to be used to provide feeding and other winter management practices to alleviate depredation caused by big game animals. Any unexpended funds under this subdivision, up to two million dollars, are not subject to section 54-44.1-11 and may be carried forward for expenditure in future bienniums.
    9. Making available the sum of one hundred thousand dollars from each biennial game and fish department appropriation to be used for food plots on private property for the purpose of providing winter feed. These food plots are not subject to public access considerations.
  18. Subject to prior approval of the attorney general, lease or exchange lands under the director’s jurisdiction or control which are deemed necessary for the improved management of wildlife resources.
  19. Subject to prior approval of the attorney general, impose any conditions or reservations to the leases or exchanges as the director determines necessary.
  20. Adopt rules and issue permits for conducting fishing contests involving public waters of the state. The director by rule shall define the term “fishing contest” and shall set criteria for which a fishing contest permit is required. The director may deny permits. No person may conduct a fishing contest on public waters without first receiving a permit issued by the director.
  21. Issue duplicates of lost or destroyed game and fish licenses or permits. The procedure for reissuing the licenses or permits and fees to be charged must be prescribed by the director by rule.
  22. Establish noncriminal penalties for any rules adopted by the director. The maximum noncriminal penalty that may be set by the director is a fine of two hundred fifty dollars. Violation of any rule not designated as having a noncriminal penalty is considered a criminal violation as established in the appropriate chapter of this title.
  23. Issue, as a means of encouraging and promoting economic development in this state, complimentary fishing licenses to nonresident visiting dignitaries. The circumstances and conditions of complimentary fishing licenses issued must be determined by the director. The number of complimentary licenses may not exceed fifty licenses per year. The director shall determine the visiting dignitaries to be of national or international stature before they are eligible for complimentary licenses.
  24. Carry out a coyote depredation prevention program by conducting practices that will alleviate depredations caused by coyotes.
  25. Issue, as a means of rewarding dedication to teaching firearm hunter safety, complimentary lifetime resident certificates and combination licenses provided under section 20.1-03-11.1 to resident certified hunter education volunteer instructors. Eligible persons must have served as a lead or assistant certified hunter education volunteer instructor in this state for a minimum of one course in each of thirty years. The license is known as the “lifetime combination license” and must be signed by the director and the person receiving the license. The license must be revoked by the director if the licenseholder is convicted of a felony or found to have violated any provision of this title.
  26. Carry out a program that targets waterfowl resting areas within the private lands initiative program which includes payments to private landowners for lease of waterfowl resting areas on private lands that during the term of the lease provides limited public access for the hunting of waterfowl.
  27. Issue free hunting licenses to an organization that sponsors hunting trips for terminally ill children. A license issued under this subsection may be used by an individual sponsored by the organization to hunt the species indicated on the license.
  28. Authorize individuals with valid antlerless deer licenses to take deer on private lands determined by the director to be severely impacted by deer. Before authorizing individuals under this subsection, the director must attempt other measures and determine them to be ineffective. A landowner dissatisfied with a decision of the director under this subsection may submit the decision to the agricultural mediation service for mandatory mediation. A decision of an agricultural mediation service negotiator is subject to review by the credit review board. A decision of the credit review board under this subsection is final. The director may authorize individuals to take deer under this subsection between December first of a year through January fifteenth of the following year.

Source: S.L. 1973, ch. 202, § 9; 1973, ch. 204, § 2; 1973, ch. 205, § 2; 1975, ch. 201, § 2; 1975, ch. 203, § 2; 1975, ch. 205, § 2; 1977, ch. 199, § 7; 1977, ch. 201, § 1; 1979, ch. 299, § 1; 1981, ch. 38, § 5; 1981, ch. 255, § 1; 1983, ch. 264, § 1; 1983, ch. 265, § 1; 1983, ch. 266, § 1; 1985, ch. 272, § 8; 1985, ch. 273, § 1; 1987, ch. 271, § 1; 1991, ch. 231, § 13; 1991, ch. 234, §§ 1, 2; 1993, ch. 226, § 1; 1995, ch. 225, § 1; 1997, ch. 210, § 1; 1999, ch. 217, § 1; 2001, ch. 219, § 1; 2001, ch. 220, § 1; 2001, ch. 221, § 1; 2003, ch. 194, § 1; 2003, ch. 195, § 1; 2003, ch. 196, § 1; 2003, ch. 197, § 1; 2003, ch. 202, § 2; 2005, ch. 207, § 2; 2005, ch. 208, § 1; 2005, ch. 209, § 1; 2005, ch. 210, § 1; 2007, ch. 226, § 1; 2007, ch. 293, § 11; 2011, ch. 173, §§ 2, 3; 2013, ch. 191, § 1; 2015, ch. 176, § 1, effective August 1, 2015; 2019, ch. 196, § 1, effective August 1, 2019; 2019, ch. 197, § 1, effective August 1, 2019.

Note.

The Endangered Species Act of 1973 referenced in this section is compiled at 16 USCS §§ 1531 et seq.

Cross-References.

Eminent domain, see N.D.C.C. ch. 32-15.

Monthly payment of salaries, see N.D.C.C. § 54-06-06.

Right to inspect records of taxidermists, see N.D.C.C. § 20.1-03-16.

20.1-02-05.1. Land acquisitions — Statewide land acquisition plan.

  1. The director shall establish a comprehensive statewide land acquisition plan, subject to approval by the legislative assembly or the budget section if the legislative assembly is not in session. Every land acquisition made by the department exceeding ten acres [4.05 hectares] or ten thousand dollars must be approved by the legislative assembly or the budget section if the legislative assembly is not in session. Any request considered by the budget section must comply with section 54-35-02.9.
  2. Before a land acquisition, the department shall have the land in question appraised by a certified appraiser. The department may not acquire any land for an amount that exceeds the appraised value except for parcels or tracts of land less than forty acres [16.19 hectares] which may be acquired for up to two hundred percent of the appraised value.
  3. Before the appraisal, the director shall give notice of the intent to purchase to every landowner within one mile [1.16 kilometers] of the boundary of the land to be appraised unless the landowner is within the boundary of a city, then the director shall send notice to the governing body of the city or unless the landowner is within the geographical boundary of a rural subdivision where the lots are ten acres [4.04 hectares] or less, then the director shall send notice to the governing body of the township or other governing authority for the rural subdivision. The director shall send notice to the board of county commissioners in the county of the land to be appraised, the board of township supervisors if the land to be appraised is in an organized township, and the governing body of a city within twelve miles [19.32 kilometers] of the boundary of the land to be appraised. The director shall publish notice in the official newspaper of the county of the land to be appraised, once a week for two consecutive weeks. The notice must contain the amount of acreage, the legal description, and the fact that the department intends to purchase the land.

Source: S.L. 1991, ch. 42, § 5; 2003, ch. 48, § 12; 2009, ch. 17, § 2; 2009, ch. 482, § 98; 2013, ch. 192, § 1; 2019, ch. 438, § 3, effective August 1, 2019.

20.1-02-05.2. Private land access program — Guidelines. [Expired]

Expired under S.L. 2005, ch. 210, § 4.

20.1-02-06. Deputy director — Appointment, removal, oath, reports.

The director shall appoint, and may remove at pleasure, a deputy director who is under the director’s direct control and supervision. The deputy, within ten days after the date of that person’s appointment, shall take and file the oath prescribed for civil officers. The oath must be filed in the office of the secretary of state. The deputy director shall make monthly and annual reports to the director in the manner required by the director.

Source: S.L. 1973, ch. 202, § 3; 1991, ch. 231, § 14; 1999, ch. 113, § 6.

Cross-References.

Bonds of civil officers, see N.D.C.C. ch. 26.1-21.

Filing bonds issued in lieu of those issued by the state bonding fund, see N.D.C.C. § 54-09-02.

Oath of civil officers, see N.D.C.C. § 44-01-05.

20.1-02-07. Chief game warden, district deputy game wardens, biologists, and technicians — Appointment — Removal.

The director, with the governor’s approval, may appoint the following permanent employees:

  1. A chief game warden who shall enforce all state game and fish laws and supervise all deputy game wardens.
  2. District deputy game wardens, assigned by the director, to enforce all state game and fish laws within specific appropriation limitations.
  3. Biologists and technicians with specialized training and experience to perform duties specified by the director.

The appointees may be removed for cause only and in the manner specified by law.

Source: S.L. 1973, ch. 202, § 9; 1977, ch. 202, § 1; 1991, ch. 231, § 15.

20.1-02-08. Oath of chief game warden.

The chief game warden, within ten days of appointment, shall take the oath prescribed for civil officers and file it with the secretary of state.

Source: S.L. 1973, ch. 202, § 9; 1999, ch. 113, § 7.

Cross-References.

Bonds of civil officers, see N.D.C.C. ch. 26.1-21.

Filing of bonds issued in lieu of those issued by the state bonding fund, see N.D.C.C. § 54-09-02.

Oath of civil officers, see N.D.C.C. § 44-01-05.

20.1-02-09. Supervision of chief game warden by director — Records — Reports.

The chief game warden is under the direct control and supervision of the director and shall make monthly and annual reports to the director in a manner required by the director. The chief game warden shall keep a complete and correct record, in a format authorized by the director, of all the chief game warden’s transactions and of the name of each person violating the game and fish laws; the date of that person’s arrest, if applicable; the amount of the fine and costs imposed upon and paid by each person; and the name of the judge before whom that person appeared. The record, when requested, must be open to inspection by the public. The chief game warden shall make a full report to the director within thirty days after the end of each calendar year.

Source: S.L. 1973, ch. 202, § 9; 1991, ch. 231, § 16; 2021, ch. 184, § 1, effective August 1, 2021.

20.1-02-10. Special deputy game wardens — Appointment, removal, compensation.

The director may appoint and remove at pleasure, one or more special deputy game wardens in each county. They serve for the time and manner as the director directs. They serve without compensation, but are entitled to a reward pursuant to section 20.1-02-16.

Source: S.L. 1973, ch. 202, § 9; 1991, ch. 231, § 17.

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

Each district deputy game warden and each special deputy game warden are under the direct control and supervision of the director, and shall make monthly and annual reports to the director in a manner required by the director.

Source: S.L. 1973, ch. 202, § 9; 1991, ch. 231, § 18.

20.1-02-12. Bond of deputy game wardens. [Repealed]

Repealed by S.L. 1999, ch. 113, § 24.

20.1-02-13. Disqualification of game wardens.

No person who owns or possesses land in this state under lease or contract for hunting purposes, nor that person’s employee or agent, may be appointed or may act as a chief, district, or special deputy game warden.

Source: S.L. 1973, ch. 202, § 9.

20.1-02-14. Writs served and executed by game wardens — Peace officers and others to aid wardens, when.

The director, deputy director, and all wardens and deputy wardens may serve and execute, in the same manner as any sheriff, all warrants and legal process issued by a court in enforcing this title. The officers of the department may call to their aid any sheriff, deputy sheriff, police officer, or other person to enforce this title. All peace officers or other persons, when called upon, shall enforce and aid in enforcing this title.

Source: S.L. 1973, ch. 202, § 9; 1985, ch. 151, § 18; 1991, ch. 231, § 19.

Cross-References.

Attorney general, state’s attorneys, sheriffs, constables and peace officers to enforce title, see N.D.C.C. § 20.1-01-04.

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

  1. There is established a uniform complaint and summons that may be used in cases involving violations of this title or other violations of a state law which occur on property that the department owns, leases, or manages or on sovereign lands as defined by section 61-33-01. Whenever the complaint and summons established by this section is used, the provisions of the North Dakota Rules of Criminal Procedure apply. The uniform complaint and summons must be of a form prescribed by the director and approved by the attorney general.
  2. The time of court appearance to be specified in the summons must be at least five days after the issuance of the summons unless the defendant demands an earlier hearing.
  3. Upon receipt from the defendant of written promise to appear at the time and place specified in the summons, the defendant must be released from custody. After signing a promise to appear, the defendant must be given a copy of the uniform complaint and summons. Any person refusing to give a written promise to appear may be arrested if proper cause exists, or proceeded against by complaint and warrant of arrest as provided in the North Dakota Rules of Criminal Procedure.

If an individual fails to appear in court after promising to do so, the court may issue an arrest warrant and in addition to other conditions shall order the department to suspend the individual’s hunting, fishing, and trapping privileges until after the final disposition of the case.

Source: S.L. 1975, ch. 207, § 1; 1991, ch. 231, § 20; 2009, ch. 279, § 2.

20.1-02-15. Police powers of director, deputy director, and bonded appointees of director.

The director, deputy director, and any bonded appointees of the director have the power:

  1. Of a peace officer for the purpose of enforcing this title and any other state laws or rules relating to wildlife.
  2. To make arrests upon view and without warrant for any violation, committed in that person’s presence, of this title and any other state laws or rules relating to wildlife.
  3. To regulate dealers in green furs, propagation or possession of live protected wildlife, taxidermists, shooting preserves, guides and outfitters, commercial fishing operations, private fish hatcheries, and commercial bait vendors. In the regulation of these licensed activities, the premises used to conduct the business and records required by law must be open for inspection at reasonable hours by game and fish law enforcement officers.

Source: S.L. 1973, ch. 202, § 9; 1981, ch. 256, § 1; 1991, ch. 231, § 21; 1991, ch. 232, § 5.

Cross-References.

Warden as general peace officer in enforcing provisions concerning going afield while intoxicated, see N.D.C.C. § 20.1-01-06.

20.1-02-15.1. Additional powers of director, deputy director, chief game wardens, or district game wardens.

The director, deputy director, chief game wardens, or district game wardens have the power of a peace officer in the following circumstances:

  1. To enforce state laws and rules on any game refuge, game management area, or other land or water owned, leased, or managed by the department and on sovereign lands as defined by section 61-33-01.
  2. When responding to requests from other law enforcement agencies or officers for aid and assistance. For the purposes of this subsection, a request from a law enforcement agency or officer means only a request for assistance as to a particular and singular violation or suspicion of violation of law, and does not constitute a continuous request for assistance outside the purview of enforcement of the provisions of this title.
  3. The powers and duties conferred are supplemental to other powers and duties conferred upon the director, deputy director, chief game wardens, or district game wardens and do not constitute an obligation beyond the regular course of duty of those officers.
  4. To enforce chapter 20.1-15.
  5. To enforce chapter 20.1-13.1.
  6. To enforce chapter 39-24.1.

This section may not be construed to limit the powers or duties of any peace officer within this state.

Source: S.L. 1979, ch. 300, § 1; 1991, ch. 230, § 3; 1991, ch. 231, § 22; 1991, ch. 254, § 1; 1997, ch. 347, § 3; 2007, ch. 560, § 1.

Notes to Decisions

Authority to Detain Driver.

Under subsection (2) of this section, when police officers and game wardens are working together as a team on a game-and-fish checkpoint, the game officer has the “team” power of a police officer, including the authority to detain a driver briefly for further investigation after seeing open beer cans in a vehicle. State v. Albaugh, 1997 ND 229, 571 N.W.2d 345, 1997 N.D. LEXIS 278 (N.D. 1997).

20.1-02-16. Director may pay rewards in connection with the conviction of violators — Amounts — Exceptions.

The director, out of legislative reward appropriation, may pay complainants, upon the arrest and conviction of any person violating this title, a reward not to exceed:

  1. One hundred dollars if the offense involves a violation relating to big game.
  2. Fifty dollars if the offense involves a violation relating to game birds, fish, fur-bearers, or protected animals not mentioned in subsection 1.

This section does not apply when the complaint is made or required information is furnished by an officer, employee, or game warden who is regularly employed and who receives a salary from the department, or by a sheriff or other peace officer who receives a regular salary.

Source: S.L. 1973, ch. 202, § 9; 1981, ch. 257, § 1; 1991, ch. 231, § 23.

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

All income of the state game and fish department deposited by the director with the state treasurer must be credited to the state game and fish fund and the fund may be used only by the department. All money derived from the investment of the fund, special accounts, or portions of the fund may be credited to the game and fish department private land habitat and access improvement fund. The department shall spend moneys in the game and fish fund within the limits of legislative appropriations, only to the extent the balance of the fund is not reduced below fifteen million dollars, unless otherwise authorized by the legislative assembly or the budget section if the legislative assembly is not in session. Any request considered by the budget section must comply with section 54-35-02.9. Investment of up to fifteen million dollars of the balance of the game and fish fund may be made under the supervision of the state investment board and the moneys must be invested by the investing authority according to the laws relating to state investments. The department shall notify the state investment board of the amount available for investment.

Source: I.M. approved November 7, 1978, S.L. 1979, ch. 688, § 1; 1991, ch. 231, § 24; 1999, ch. 41, § 6; 2005, ch. 18, § 9; 2005, ch. 207, § 3; 2019, ch. 42, § 4, effective July 1, 2019; 2019, ch. 198, § 2, effective July 1, 2019; 2019, ch. 438, § 4, effective August 1, 2019.

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

There is hereby established in the state treasury a special fund known as the nongame wildlife fund. The fund may be expended subject to appropriation by the legislative assembly to the game and fish department and must be used only for the purposes of preservation, inventory, perpetuation, and conservation of nongame wildlife, natural areas, and nature preserves in this state. The game and fish department shall allocate a portion of the fund to other state agencies for the purpose stated in this section, and with approval of the director. For the purpose of this section, “nongame wildlife” means all species of native animals not commonly taken for sport or commercial purposes and does not include animals determined by the game and fish department to be harmful animals. “Natural areas” and “nature preserves” mean areas as defined in section 55-11-02.

Source: S.L. 1987, ch. 272, § 1; 1991, ch. 231, § 25.

20.1-02-16.3. Small and big game habitat restoration trust fund — Advisory committee — Transfer — Continuing appropriation. [Repealed]

Repealed by S.L. 1997, ch. 210, § 5.

20.1-02-16.4. Clam harvesting privilege fee.

There is hereby imposed, for the grant of the privilege of the right to harvest clams, a privilege fee of ten percent of the market value of clam shells harvested in this state. The fee imposed by this section must be paid to the director for deposit in the game and fish fund. The director may adopt rules under chapter 28-32 for the administration of the fee imposed under this section.

Source: S.L. 1991, ch. 232, § 6.

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

The director shall deposit all motorboat license fees in a special account within the game and fish fund to be known as the motorboat programs and safety account. Funds placed in the motorboat programs and safety account may be used only for construction and installation of boat launching facilities, fish cleaning and comfort stations, boating enforcement, boating safety education, and boat licensing administration. All money derived from the investment of the account, or portions of the account, must be credited in accordance with section 20.1-02-16.1.

Source: S.L. 1993, ch. 227, § 1; 2005, ch. 207, § 4.

20.1-02-16.6. Motorboat programs and safety account — Transfer from highway tax distribution fund.

Each year in the month of July the state treasurer shall transfer from the highway tax distribution fund, before allocation of the fund under section 54-27-19, to the motorboat programs and safety account an amount equal to two dollars and fifty cents multiplied by the number of motorboats licensed with the game and fish department as of July first of that year.

Source: S.L. 1995, ch. 226, § 1; 2009, ch. 203, § 1.

20.1-02-16.7. Aquatic nuisance species program fund.

There is created in the state treasury a special fund known as the aquatic nuisance species program fund. The fund consists of transfers and deposits made in accordance with section 20.1-02-16.1 and section 20.1-13-02.1.

Source: S.L. 2019, ch. 198, § 1, effective July 1, 2019.

20.1-02-17. Conditional assent to federal aid projects — Proceeds from license fees and application to be used for administration of department.

North Dakota assents to the Act of Congress entitled “An Act to provide that the United States shall aid the states in wildlife restoration projects and for other purposes” [Pub. L. 75-415; 50 Stat. 917; 16 U.S.C. 669 et seq.], and the Act of Congress entitled “An Act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes” [Pub. L. 81-681; 64 Stat. 430; 16 U.S.C. 777 et seq.] subject to the conditions of section 20.1-02-17.1. The director may conduct and establish cooperative wildlife and fish restoration projects as defined in these Acts, in compliance with the Acts and with rules adopted by the federal agency administering these Acts.

Hunting and fishing license fees and application fees assessed under section 20.1-03-12.2 may only be used for departmental programs and administration.

Source: S.L. 1973, ch. 202, § 9; 1977, ch. 203, § 1; 1985, ch. 278, § 1; 1991, ch. 231, § 27.

Cross-References.

Deposit of license fees, see N.D.C.C. § 20.1-03-17.

Fees for licenses and permits, see N.D.C.C. § 20.1-03-12.

20.1-02-17.1. Procedures and conditions for land acquisitions for wildlife and fish restoration.

  1. The director shall submit proposed wildlife and fish restoration programs or projects and updated segments thereof involving proposed acquisitions by purchase, lease, easement, or servitude of wetlands, water, or land areas by certified mail with return receipt to the board of county commissioners of the county or counties in which the affected areas are located for the board’s approval prior to agreement with and approval by the secretary of the interior.
  2. The board of county commissioners of the county affected, or a designee or designees of the board, shall, within twenty-one days of receipt of an acquisition proposal, physically inspect the proposed acquisition areas. The board shall give public notice of the date, hour, and place where the public may comment on the proposed acquisitions. The notice must be published once each week for two consecutive weeks in the official newspaper of the county or counties in which the land and water areas are located. The notice must set forth the substance of the proposed action and must include a legal description of the proposed acquisitions. The board of county commissioners shall give its approval or disapproval by certified mail with return receipt within sixty days after receipt of an acquisition proposal.
  3. A detailed impact analysis from the state game and fish department shall be included with the acquisition proposal for board of county commissioner consideration in making recommendations. The analysis by the game and fish department shall include, but shall not be limited to, the recreational and wildlife impacts. In addition, the county agent of the affected county or counties shall prepare an impact analysis for board of county commissioner consideration which shall include the fiscal, social, and agricultural impacts of the proposed acquisition. The state game and fish department shall reimburse the county or counties for any expenses incurred by the county agent in preparing the analysis. The analyses shall also be forwarded to the department of commerce division of community services which shall furnish copies to all interested state agencies and political subdivisions, which agencies and political subdivisions shall have thirty days to review the analyses and return their comments to the division of community services. Upon expiration of the thirty-day period, all comments received by the division of community services shall be forwarded to the state game and fish department. The state game and fish department may, after consideration of such comments, file a final impact analysis with the division of community services and the board of county commissioners.
  4. Any landowner may negotiate the time period of a lease, easement, or servitude sought under the federal Acts cited in section 20.1-02-17. Except with respect to flowage and access easements, a lease, easement, or servitude shall terminate upon the death of a landowner or upon change in ownership of the affected land.
  5. A landowner may restrict a lease, easement, or servitude by legal description to the wetlands, water, or land areas sought under the Acts and may drain any expanded wetland or water area in excess of the legal description.

Source: S.L. 1977, ch. 203, § 2; 1979, ch. 553, § 10; 1983, ch. 570, § 5; 1989, ch. 279, § 1; 1991, ch. 231, § 28; 1999, ch. 475, § 1; 2001, ch. 488, § 8.

20.1-02-17.2. Lands acquired by game and fish department to qualify as Garrison diversion mitigation lands. [Repealed]

Repealed by S.L. 1985, ch. 274, § 4.

20.1-02-18. State’s conditional consent to United States’ acquisition of areas for migratory bird reservations — State retains jurisdiction.

North Dakota consents, subject to the approval of the governor for each proposed acquisition, along with the conditions of sections 20.1-02-18.1 and 20.1-02-18.2, to the United States acquiring, by purchase, gift, devise, or lease, land or water in this state as the United States may deem necessary to establish migratory bird reservations in accordance with the federal Migratory Bird Conservation Act [Pub. L. 70-770; 45 Stat. 1222; 16 U.S.C. 715 et seq.]. North Dakota reserves such full and complete jurisdiction and authority over all such areas of land or water so acquired by the United States as is not incompatible with the administration, maintenance, protection, and control of such areas by the United States under the terms of said Act of Congress.

Source: S.L. 1973, ch. 202, § 9; 1977, ch. 204, § 1; 1985, ch. 274, § 1.

20.1-02-18.1. Federal wildlife area acquisitions — Submission to county commissioners, opportunity for public comment, and impact analysis required.

The governor, the director, or their designees, responsible under federal law for final approval of land, wetland, and water acquisitions by the United States department of the interior, its bureaus or agencies, for waterfowl production areas, wildlife refuges, or other wildlife or waterfowl purposes, shall submit the proposed acquisitions by certified mail with return receipt to the board of county commissioners of the county or counties in which the land, wetland, and water areas are located for the board’s recommendations.

The board of county commissioners of the county affected, or a designee or designees of the board, shall, within twenty-one days of receipt of an acquisition proposal, physically inspect the proposed acquisition areas. The board shall give public notice of the date, hour, and place where the public may comment on the proposed acquisitions. The notice must be published once each week for two successive weeks in the official newspaper of the county or counties in which the land and water areas are located. The notice must set forth the substance of the proposed action and must include a legal description of the proposed acquisitions. The board of county commissioners shall make its recommendations by certified mail with return receipt within sixty days after receipt of an acquisition proposal.

A detailed impact analysis from the federal agency involved must be included with the acquisition proposal for board of county commissioner consideration in making recommendations. The analysis must include the recreational and wildlife impacts. In addition, the county agent of the affected county or counties shall prepare an impact analysis for board of county commissioner consideration which must include the fiscal, social, and agricultural impacts of the proposed acquisitions. The department of the interior shall reimburse the county or counties for any expenses incurred by the county agent in preparing the analysis. The analyses must also be forwarded to the department of commerce division of community services, which shall furnish copies to all interested state agencies and political subdivisions, which agencies and political subdivisions have thirty days to review the analyses and return their comments to the division of community services. Upon expiration of the thirty-day period, all comments received by the division of community services must be forwarded to the federal agency involved and to the state official or agency responsible for final acquisition approval. The federal agency may, after consideration of the comments, file a final impact analysis with the governor, the board of county commissioners, and any other state official or agency responsible for final acquisition approval.

Source: S.L. 1977, ch. 204, § 2; 1991, ch. 231, § 29; 1999, ch. 475, § 2; 2001, ch. 488, § 9.

Notes to Decisions

Applicability.

By its terms, this section does not apply to the acquisition of easements for which consent previously has been given. North Dakota v. United States, 460 U.S. 300, 103 S. Ct. 1095, 75 L. Ed. 2d 77, 1983 U.S. LEXIS 23 (U.S. 1983).

Conflict with Federal Law.

To the extent the North Dakota statutes encumber the federal government’s acquisition of waterfowl production areas under the Migratory Bird Hunting and Conservation Stamp Act, 16 USCS § 718 et seq., the North Dakota statutes are invalid; such federal act provides that waterfowl production areas may be acquired by the federal government without state or gubernatorial consent. United States v. North Dakota, 650 F.2d 911, 1981 U.S. App. LEXIS 12659 (8th Cir. N.D. 1981), aff'd, 460 U.S. 300, 103 S. Ct. 1095, 75 L. Ed. 2d 77, 1983 U.S. LEXIS 23 (U.S. 1983); North Dakota v. United States, 460 U.S. 300, 103 S. Ct. 1095, 75 L. Ed. 2d 77, 1983 U.S. LEXIS 23 (U.S. 1983).

Revocation of Consent to Acquisitions.

In regards to acquisitions of wetlands easements authorized by consents already given, North Dakota may not revoke its consent to such acquisitions based on noncompliance with the conditions set forth in this section. North Dakota v. United States, 460 U.S. 300, 103 S. Ct. 1095, 75 L. Ed. 2d 77, 1983 U.S. LEXIS 23 (U.S. 1983).

20.1-02-18.2. Negotiation of leases, easements, and servitudes for wildlife production purposes.

A landowner may negotiate the terms of a lease, easement, or servitude for land, wetland, or water areas sought to be acquired by the United States department of the interior, its bureaus or agencies, with moneys from the migratory bird conservation fund [16 U.S.C. 718d] for use as waterfowl production areas, wildlife refuges, or for other wildlife purposes. A landowner may:

  1. Negotiate the time period of the lease, easement, or servitude being sought; however, the duration of an easement for a waterfowl production area acquired by the federal government, and consented to by the governor or appropriate state agency after July 1, 1985, may not exceed fifty years.
  2. Restrict a lease, easement, or servitude by legal description to the land, wetland, or water areas being sought, and may drain any after-expanded wetland or water area in excess of the legal description in the lease, easement, or servitude.

Source: S.L. 1977, ch. 204, § 3; 1981, ch. 258, § 1; 1985, ch. 274, § 3; 1985, ch. 275, § 1.

Notes to Decisions

Conflict with Federal Law.

To the extent this section encumbers the federal government’s acquisition of waterfowl production areas under the Migratory Bird Hunting and Conservation Stamp Act, 16 USCS § 718 et seq., it is invalid. United States v. North Dakota, 650 F.2d 911, 1981 U.S. App. LEXIS 12659 (8th Cir. N.D. 1981), aff'd, 460 U.S. 300, 103 S. Ct. 1095, 75 L. Ed. 2d 77, 1983 U.S. LEXIS 23 (U.S. 1983); North Dakota v. United States, 460 U.S. 300, 103 S. Ct. 1095, 75 L. Ed. 2d 77, 1983 U.S. LEXIS 23 (U.S. 1983).

Draining of After-Expanded Wetlands.

To the extent this section authorizes landowners to drain after-expanded wetlands contrary to the terms of their easement agreements, it is hostile to federal interests and may not be applied to easements acquired under previously given consents. North Dakota v. United States, 460 U.S. 300, 103 S. Ct. 1095, 75 L. Ed. 2d 77, 1983 U.S. LEXIS 23 (U.S. 1983).

Law Reviews.

Waterfowl Production Areas: A State Perspective, 60 N.D. L. Rev. 659 (1984).

Waters and Water Courses — Game: What Does the Future Hold for Eleven Thousand Federal Wetland Easements in North Dakota, 73 N.D. L. Rev. 345 (1997).

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

Notwithstanding the provisions of section 20.1-02-18, or any other provision of law, the United States may not acquire by any means any land or interests in land for migratory bird reservations, and the governor may not approve the acquisition of any land or interests in land with moneys from the migratory bird conservation fund until December 31, 1985, or until the date a management plan for such land is approved by both the legislative assembly and the governor, whichever date is first. The management plan must be jointly prepared by the secretary of the interior and the governor and shall address the extent and general locations of all proposed acquisitions with moneys from the migratory bird conservation fund, the management of all such lands whether already acquired or to be acquired, and the relationship of such acquisitions to mitigation acquisitions for federally financed or permitted projects.

Source: S.L. 1981, ch. 258, § 2; 1983, ch. 267, § 1.

Law Reviews.

Waterfowl Production Areas: A State Perspective, 60 N.D. L. Rev. 659 (1984).

20.1-02-18.4. Wetlands mediation advisory board. [Repealed]

Repealed by S.L. 1997, ch. 211, § 1.

20.1-02-18.5. Wetlands mediation advisory board — Meetings — Staff — Compensation and expenses. [Repealed]

Repealed by S.L. 1997, ch. 211, § 1.

20.1-02-18.6. Wetlands mediation advisory board — Petition — Mediation — Hearing. [Repealed]

Repealed by S.L. 1997, ch. 211, § 1.

20.1-02-19. Removal proceedings — Game and fish hearing board. [Repealed]

Repealed by S.L. 1991, ch. 236, § 1.

20.1-02-20. Time of hearing — Notice of hearing and of determination. [Repealed]

Repealed by S.L. 1991, ch. 236, § 1.

20.1-02-21. Suspension pending hearing. [Repealed]

Repealed by S.L. 1991, ch. 236, § 1.

20.1-02-22. Appeal to district court. [Repealed]

Repealed by S.L. 1991, ch. 236, § 1.

20.1-02-23. Game and fish advisory board — Appointment — Qualifications — Term.

The state game and fish advisory board consists of eight members, one from each of the following districts, appointed by the governor:

  1. District one shall consist of the counties of Divide, McKenzie, and Williams.
  2. District two shall consist of the counties of Bottineau, Burke, McHenry, Mountrail, Pierce, Renville, and Ward.
  3. District three shall consist of the counties of Benson, Cavalier, Eddy, Ramsey, Rolette, and Towner.
  4. District four shall consist of the counties of Grand Forks, Nelson, Pembina, and Walsh.
  5. District five shall consist of the counties of Cass, Ransom, Richland, Sargent, Steele, and Traill.
  6. District six shall consist of the counties of Barnes, Dickey, Foster, Griggs, LaMoure, Logan, McIntosh, Stutsman, and Wells.
  7. District seven shall consist of the counties of Burleigh, Emmons, Grant, Kidder, McLean, Mercer, Morton, Oliver, Sheridan, and Sioux.
  8. District eight shall consist of the counties of Adams, Billings, Bowman, Dunn, Golden Valley, Hettinger, Slope, and Stark.

Four members must be bona fide farmers or ranchers and four members must be bona fide sportsmen. Each farmer or rancher appointment must be made from a list of three names submitted by agricultural organizations requested by the governor to submit the list and each sportsman appointment must be made from a list of three names submitted by outdoor, sportsmen, wildlife, and conservation organizations requested by the governor to submit the list. Appointments are for a term of four years from the first day of July of the year of expiration of the basic term, and until a successor has been appointed and qualified. Vacancies occurring other than by the expiration of an appointive term may be filled by appointment for the remainder of the term only. No member of the board may serve longer than two full terms. The members of the advisory board are subject to removal by the governor for cause only. The advisory board shall select from their members a chairman, vice chairman, and secretary who serve in these positions until June thirtieth of the year next following their selection.

Source: S.L. 1973, ch. 202, § 9; 1979, ch. 301, § 1; 1991, ch. 237, § 1.

Cross-References.

Governor’s power to appoint majority of members of board, see N.D.C.C. § 54-07-01.2.

20.1-02-24. Compensation.

Each member of the advisory board is entitled to be paid a per diem of sixty-two dollars and fifty cents for each day of service in going to, attending, and returning from the meetings required by section 20.1-02-25 to be held in that person’s respective district and the meetings of the advisory board. Each member is entitled to be reimbursed for necessary and actual expenses at the rates and in the manner provided by law for other state officers. The compensation and expenses must be paid out of department appropriations.

Source: S.L. 1973, ch. 202, § 9; 1979, ch. 301, § 2; 1991, ch. 237, § 2; 2005, ch. 211, § 1.

Cross-References.

Travel expenses, see N.D.C.C. §§ 44-08-03 to 44-08-05.1, 54-06-09.

20.1-02-25. Meetings and duties.

Each board member shall hold a public meeting at least twice each fiscal year in the board member’s respective district to make presentations and to determine the needs and the opinions of those interested in these activities. The board shall meet at least twice each fiscal year. The board has the authority to advise the director regarding any policy of hunting, fishing, and trapping regulations, and may make general recommendations concerning the operation of the department and its programs that the director may carry out. The board shall forward copies of its recommendations to the governor. This section does not limit or restrict the powers, duties, and authority of the governor in the issuance of orders and proclamations as provided in chapter 20.1-08.

Source: S.L. 1973, ch. 202, § 9; 1977, ch. 205, § 1; 1979, ch. 301, § 3; 1991, ch. 231, § 32; 1991, ch. 237, § 3.

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

Any person who brings into this state any mounted trophy head or horns, has any trophy head or horns mounted in this state, or comes into possession of any horns of dall sheep, stone sheep, desert bighorn sheep, or Rocky Mountain bighorn sheep shall have the trophy head or horns plugged or tagged by the department. A trophy head or horns plugged or tagged in the state, province or territory of Canada, or in Mexico where the sheep was taken satisfies the requirements of this section. The department may adopt rules to implement the provisions of this section.

Source: S.L. 1991, ch. 235, § 1.

20.1-02-27. Public access program — Private landowner assistance to promote public hunting access.

  1. The director may establish programs for landowner assistance that encourage public access to private lands for purposes of hunting.
  2. Rules adopted by the director to implement this section may address:
    1. A hunter management program consisting of a cooperative agreement between landowners and the department, and including other resource management agencies when appropriate, that allows public hunting with certain restrictions or use rules.
    2. A hunting access enhancement program consisting of incentives for private landowners who allow public hunting access on their land.
    3. Development of similar efforts outside the scope of the program that are designed to promote public access to private lands for hunting purposes.
  3. The director may not structure a program in a manner that provides assistance to a private landowner who charges a fee for hunting access to private land that is enrolled in the program or who does not provide reasonable public hunting access to private land that is enrolled in the program. The director shall develop criteria by which tangible benefits are allocated to participating landowners, and the director may distribute the benefits to participating landowners. Benefits must be provided to offset potential impacts associated with public hunting access, including those associated with general ranch maintenance, conservation efforts, weed control, fire protection, liability insurance, roads, fences, and parking area maintenance.

Source: S.L. 1997, ch. 210, § 2.

20.1-02-28. Deerproof hay yard program.

Within legislative appropriations, the director shall provide for a deerproof hay yard program. The deerproof hay yard program must provide materials and supplies at no cost and construction cost-share assistance to landowners for the establishment of deerproof hay yards to protect crops, hay, or feed on private property with deer depredation problems. A landowner who allows commercial hunting for big game on a majority of acres owned and operated in exchange for compensation and who posts a majority of the acres owned and operated by that person to prohibit big game hunting is not eligible to participate in the deerproof hay yard program. The department shall establish a prorated repayment system over a three-year period. For winter management program purposes of this section, a person may not willfully hunt, harass, chase, pursue, take, attempt to take, possess, transport, ship, convey by common carrier, sell, barter, or exchange a deer except as provided in carrying out practices to alleviate depredations under the private land habitat and access improvement program and elsewhere in this title.

Source: S.L. 2001, ch. 222, § 1; 2005, ch. 212, § 1; 2011, ch. 173, § 4; 2015, ch. 176, § 2, effective August 1, 2015.

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

The following records, regardless of form or characteristic, of or relating to the game and fish department are exempt under section 44-04-18 and section 6 of article XI of the Constitution of North Dakota:

  1. A record that would identify the name, address, or electronic mail address of an individual participating in a wildlife harvest survey.
  2. A record that would identify population distributions or locations of pallid sturgeon, bighorn sheep, moose, elk, eagles, sage grouse, prairie chickens, and any species of wildlife listed as threatened or endangered under the federal Endangered Species Act of 1973 [Pub. L. 93-205; 87 Stat. 884; 16 U.S.C. 1531 et seq.], as amended.
  3. Telemetry radio frequencies or global positioning system coordinates of monitored species, denning sites, nest locations of raptors, and the specific location of wildlife capture sites used for wildlife research or management.

Source: S.L. 2005, ch. 213, § 1.

20.1-02-30. Private land open to sportsmen program — Biomass demonstration project.

The department may develop and make available, as part of the broader support for establishment cost-share provided through the industrial commission, a special demonstration component of the private land open to sportsmen program to support perennial grass stand establishment of participating acres in return for public access to hunting and adherence to conservation best practices, including postseason harvest, minimum stubble height, and nonannual harvest. The demonstration project may include an evaluation component to assess the effects and compatibility of perennial biomass harvest with the habitat and public access objectives of the private land open to sportsmen program.

Source: S.L. 2007, ch. 462, § 1.

20.1-02-31. Deer reduction programs.

The director or the director’s designee may authorize an individual to euthanize injured, sick, or emaciated deer under conditions determined by the director. The director may authorize targeted deer reduction programs to alleviate deer depredation.

Source: S.L. 2011, ch. 173, § 5.

20.1-02-32. Canada goose depredation kill permits.

The department shall implement a web-based online application process for Canada goose kill permits, publicize in select agricultural publications and trade journals the availability of Canada goose kill permits, and implement a program to match volunteers with agricultural producers with kill permits.

Source: S.L. 2013, ch. 193, § 1.

CHAPTER 20.1-03 Licenses and Permits

20.1-03-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 10; 1975, ch. 106, § 199.

Cross-References.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

Collateral References.

Applicability of state fishing license laws or other public regulations to fishing in private lake or pond, 15 A.L.R.2d 754.

Entrapment with respect to violation of fishing laws, 75 A.L.R.2d 709.

20.1-03-01.1. Director to appoint and train instructors — Prescribe course material and classroom sites — Certify completion.

The director shall provide classroom instruction on, and shall select, train, and certify persons or department personnel qualified to provide instruction on, firearms and bow safety and hunter responsibility, and shall prescribe the course material to be used, classroom locations, and the dates for teaching the course in this state. The director also shall provide an online internet hunter safety education program for individuals age sixteen and over to complete the hunter safety education requirement. The director shall authorize the issuance of a certificate of completion to all persons satisfactorily completing the course.

Source: S.L. 1977, ch. 206, § 1; 1983, ch. 268, § 1; 1987, ch. 274, § 1; 1991, ch. 231, § 33; 2009, ch. 204, § 1.

20.1-03-01.2. Instruction required before issuance of hunting license — Age limits — Penalty.

No person born after December 31, 1961, except as provided in section 20.1-03-01.3, may be issued any hunting license in this state unless that person submits or exhibits the certificate of completion earned by that person for successful completion of the course of instruction required by sections 20.1-03-01.1 through 20.1-03-01.3 or the person submits or exhibits a prior North Dakota hunting license issued to that person with that person’s hunter education certificate number on the license. A certificate of completion issued by any other state or province of Canada is valid for all purposes. Any person who purchases a hunting license without successfully completing the course of instruction required by sections 20.1-03-01.1 through 20.1-03-01.3 is guilty of a class 2 noncriminal offense.

Source: S.L. 1977, ch. 206, § 2; 1985, ch. 272, § 9; 1995, ch. 227, § 1.

20.1-03-01.3. Exemptions.

Sections 20.1-03-01.1 through 20.1-03-01.3 do not apply to:

  1. Persons under twelve years of age who hunt only with their parent or legal guardian.
  2. Persons who hunt exclusively on land of which they are the record title owner or operator.

Source: S.L. 1977, ch. 206, § 3; 1987, ch. 274, § 2.

20.1-03-01.4. Additional education requirement for bowhunters — Standards — Penalty. [Expired]

Expired under S.L. 1993, ch. 228, § 2.

20.1-03-01.5. Apprentice hunter validation.

  1. An individual born after December 31, 1961, who is twelve years of age or older, and who does not possess a hunter safety education course certificate of completion may be issued an apprentice hunter validation. Except as provided in subsection 2, an apprentice hunter validation is valid for only one license year in a lifetime. An individual in possession of an apprentice hunter validation may hunt small game and deer only when accompanied by an adult licensed to hunt in this state whose license was not obtained using an apprentice hunter validation. An apprentice hunter validation holder must obtain all required licenses and stamps. For purposes of this section, “accompanied” means to stay within a distance of another individual that permits uninterrupted visual contact in unaided verbal communication.
  2. An individual who was issued an apprentice hunter validation for the 2020-21 license year may receive another apprentice hunter validation for one additional license year in the individual’s lifetime.

Source: S.L. 2009, ch. 204, § 3; 2017, ch. 172, § 1, effective August 1, 2017; 2021, ch. 185, § 1, effective August 1, 2021.

20.1-03-02. General game license — Stamps allowed for specific licenses.

Except as provided in section 20.1-03-07.3, a person may not:

  1. Acquire any resident or nonresident license to hunt, catch, take, or kill any small game or big game animal unless that person first obtains an annual general game license.
  2. Hunt, catch, take, trap, or kill any small game or big game animal unless that person has in that person’s possession an annual general game license together with the specific license required.

The director shall design and furnish, for sale to residents and nonresidents, an annual general game license. A stamp may be prepared by the director to be affixed to a general game license in place of each separate small game or big game hunting license.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 34; 1999, ch. 218, § 1.

20.1-03-03. Licenses to hunt, trap, or fish required of residents.

No resident of this state, except as provided in section 20.1-03-04, may:

  1. Hunt, catch, take, or kill any small game without having a resident small game license.
  2. Trap, catch, attempt to catch, take, or kill any protected fur-bearing animal without having a resident fur-bearer license.
  3. Catch, attempt to catch, take, or kill any fish without having a resident fishing license.
  4. Hunt, catch, take, or kill any big game animal without having the respective resident big game license.

Each violation of this section constitutes a distinct and separate offense.

Source: S.L. 1973, ch. 202, § 10.

Cross-References.

Fees for licenses and permits, see N.D.C.C. § 20.1-03-12.

Residence, rules for determining, see N.D.C.C. § 54-01-26.

Resident defined, see N.D.C.C. § 20.1-01-02.

Suspension of hunting or fishing privileges, see N.D.C.C. § 20.1-01-26.

DECISIONS UNDER PRIOR LAW

Not Proof of Residency.

Since a member of the armed forces stationed in North Dakota could purchase a resident hunting and fishing license under former statute, the purchase of such license was not evidence of intent to become a resident. Slade v. Slade, 122 N.W.2d 160, 1963 N.D. LEXIS 92 (N.D. 1963).

Law Reviews.

Constitutional Law — Commerce Clause and Privileges and Immunities Clause: Eighth Circuit Court of Appeals Upholds North Dakota’s Nonresident Hunting Regulations, Reaffirming States’ Rights to Regulate Wildlife Resources Within Their Borders, 83 N.D. L. Rev. 1029 (2007).

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

An individual hunting on Indian land pursuant to a tribal hunting license is not required to possess a state license to hunt on such land.

Source: S.L. 2005, ch. 204, § 2.

20.1-03-04. When licenses to hunt, fish, or trap not required of residents. [Effective through August 31, 2022]

Subject to the provisions of this title:

  1. Any resident, or any member of the resident’s family residing customarily with the resident, may hunt small game, fish, or trap during the open season without a license upon land owned or leased by the resident.
  2. Residents or nonresidents under the age of sixteen years may fish without a fishing license.
  3. Residents may fish at a private fish hatchery without a resident fishing license.
  4. Life skills and transition center patients, North Dakota youth correctional center students, school for the deaf students, North Dakota vision services — school for the blind students, state hospital patients, clients of regional human service centers under direct therapeutic care, and residents of facilities licensed by the state department of health and the department of human services may fish without a resident fishing license. Patients of these institutions must be identified. The department shall issue authority to each institution.
  5. Residents may fish without a resident fishing license on free fishing days. The date of these free fishing days may be set by proclamation by the governor.
  6. Residents under age sixteen may take fur-bearers without a fur-bearer license.
  7. Residents under age sixteen may take small game or waterfowl without a small game license.
  8. Residents who are enrolled as students or serving as certified instructors during official aquatics education program events of the game and fish department may be granted free fishing privileges by discretion of the director.
  9. Upon presentation of valid leave papers and a valid North Dakota operator’s license, a resident who is on leave and is on active duty as a member of the United States armed forces or the United States merchant marine may hunt small game, fish, or trap during the open season without a license.

Source: S.L. 1973, ch. 202, § 10; 1973, ch. 207, § 1; 1975, ch. 208, § 1; 1975, ch. 209, § 1; 1983, ch. 269, § 1; 1989, ch. 280, § 1; 1993, ch. 229, § 1; 1993, ch. 230, § 1; 1995, ch. 34, § 10; 1995, ch. 120, § 25; 1995, ch. 243, § 2; 1997, ch. 51, § 12; 2001, ch. 257, § 6; 2007, ch. 217, § 1; 2011, ch. 207, § 5; 2013, ch. 226, § 1.

Cross-References.

Fishing license not required at private fish hatchery, see N.D.C.C. § 20.1-06-12.

Notes to Decisions

Resident Exception.

This section allows a North Dakota resident and the resident’s family members to hunt “small game, fish, or trap during the open season without a license upon land owned or leased by [the resident].” This exception does not include “big game” such as deer. State v. Falconer, 426 N.W.2d 10, 1988 N.D. LEXIS 174 (N.D. 1988).

Law Reviews.

Constitutional Law — Commerce Clause and Privileges and Immunities Clause: Eighth Circuit Court of Appeals Upholds North Dakota’s Nonresident Hunting Regulations, Reaffirming States’ Rights to Regulate Wildlife Resources Within Their Borders, 83 N.D. L. Rev. 1029 (2007).

20.1-03-04. When licenses to hunt, fish, or trap not required of residents. [Effective September 1, 2022]

Subject to the provisions of this title:

  1. Any resident, or any member of the resident’s family residing customarily with the resident, may hunt small game, fish, or trap during the open season without a license upon land owned or leased by the resident.
  2. Residents or nonresidents under the age of sixteen years may fish without a fishing license.
  3. Residents may fish at a private fish hatchery without a resident fishing license.
  4. Life skills and transition center patients, North Dakota youth correctional center students, school for the deaf students, North Dakota vision services — school for the blind students, state hospital patients, clients of regional human service centers under direct therapeutic care, and residents of facilities licensed by the department of health and human services may fish without a resident fishing license. Patients of these institutions must be identified. The department shall issue authority to each institution.
  5. Residents may fish without a resident fishing license on free fishing days. The date of these free fishing days may be set by proclamation by the governor.
  6. Residents under age sixteen may take fur-bearers without a fur-bearer license.
  7. Residents under age sixteen may take small game or waterfowl without a small game license.
  8. Residents who are enrolled as students or serving as certified instructors during official aquatics education program events of the game and fish department may be granted free fishing privileges by discretion of the director.
  9. Upon presentation of valid leave papers and a valid North Dakota operator’s license, a resident who is on leave and is on active duty as a member of the United States armed forces or the United States merchant marine may hunt small game, fish, or trap during the open season without a license.

Source: S.L. 1973, ch. 202, § 10; 1973, ch. 207, § 1; 1975, ch. 208, § 1; 1975, ch. 209, § 1; 1983, ch. 269, § 1; 1989, ch. 280, § 1; 1993, ch. 229, § 1; 1993, ch. 230, § 1; 1995, ch. 34, § 10; 1995, ch. 120, § 25; 1995, ch. 243, § 2; 1997, ch. 51, § 12; 2001, ch. 257, § 6; 2007, ch. 217, § 1; 2011, ch. 207, § 5; 2013, ch. 226, § 1; 2021, ch. 352, § 100, effective September 1, 2022.

20.1-03-04.1. When license to take frogs not required of residents.

Subject to the provisions of this title:

  1. Any resident, or any member of the resident’s family residing customarily with the resident, may take frogs for sale during the open season without a license upon land owned or leased by the resident for agricultural purposes.
  2. Residents under the age of fifteen may take frogs without a resident frog license.
  3. Any person may take and possess a maximum of twenty-four frogs without a frog license if that person has a fishing license or is otherwise legally entitled to fish in the state.
  4. Any licensed bait vendor may take, buy, sell, or ship within the state frogs for angling purposes without a frog license.

Source: S.L. 1979, ch. 302, § 1.

20.1-03-05. Application for resident general game, fur-bearer, or fishing license — Contents.

Each application for a resident general game, fur-bearer, or fishing license must be signed by the applicant and must state:

  1. That the applicant has been a bona fide state resident for at least six months.
  2. The applicant’s residential address, including street and post office.
  3. The applicant’s weight, height, color of hair, and color of eyes.

Source: S.L. 1973, ch. 202, § 10.

Cross-References.

Residence, rules for determining, see N.D.C.C. § 54-01-26.

Resident defined, see N.D.C.C. § 20.1-01-02.

20.1-03-06. Contents of resident general game, fur-bearer, or fishing licenses — Licenses not transferable — Resident family fishing license.

A resident general game, fur-bearer, or fishing license is not transferable. Each such license shall:

  1. Describe the licensee.
  2. Designate the licensee’s place of residence.
  3. Have printed upon it in large figures the year for which it is issued, or if it is a fur-bearer license, the statement that it expires on the first day of September following the date of issue.
  4. Have printed upon it in large letters the word “nontransferable”.
  5. Be issued in the name of the director.

In addition to the regular resident fishing license, there is hereby authorized a resident family fishing license allowing the husband and wife of a family to fish under one license. Such license shall be valid for the same period as other resident fishing licenses and shall be issued in duplicate. The husband and wife are each to have a copy in possession while fishing.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 35.

20.1-03-07. Licenses to hunt, trap, or fish required of nonresidents.

Nonresidents, except as provided in sections 20.1-02-05, 20.1-03-07.3, and 20.1-03-08, may not:

  1. Hunt, catch, take, or kill any small game without a nonresident small game license. The nonresident small game license entitles the nonresident to hunt small game for any period of fourteen consecutive days or any two periods of seven consecutive days each. The hunting period for which the license is valid must be designated on the license. A nonresident small game license is not required to hunt waterfowl under section 20.1-03-07.1 or wild turkeys under section 20.1-04-07. A nonresident may purchase more than one nonresident small game license per year.
  2. Trap, catch, attempt to catch, take, or kill any protected fur-bearing animal, except that nonresidents holding a valid nonresident fur-bearer and nongame hunting license may hunt only fox and coyote and except that residents of a state that allows North Dakota residents to trap within that state may purchase a nonresident reciprocal trapping license to trap in this state. However, a nonresident holding a valid nonresident reciprocal trapping license may not trap, catch, attempt to catch, take, or kill bobcats.
  3. Catch, attempt to catch, take, or kill any fish without having a nonresident fishing license.
  4. Hunt, catch, take, or kill any unprotected bird or animal without having a nonresident nongame hunting license or nonresident fur-bearer and nongame hunting license.
  5. Hunt, catch, take, or kill any big game animal without having the respective nonresident big game license.

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

Source: S.L. 1973, ch. 202, § 10; 1977, ch. 207, § 1; 1989, ch. 281, § 1; 1995, ch. 228, § 1; 1999, ch. 218, § 2; 2003, ch. 197, § 2; 2005, ch. 214, § 1; 2005, ch. 222, § 1.

Cross-References.

Fees for licenses and permits, see N.D.C.C. § 20.1-03-12.

Residence, rules for determining, see N.D.C.C. § 54-01-26.

Resident defined, see N.D.C.C. § 20.1-01-02.

Suspension of hunting or fishing privileges, see N.D.C.C. § 20.1-01-26.

Collateral References.

Validity, Construction, and Application of State Statutes Prohibiting, Limiting, or Regulating Fishing or Hunting in State by Nonresidents, 31 A.L.R.6th 523.

20.1-03-07.1. Nonresident waterfowl hunting license required.

  1. Except as provided in sections 20.1-02-05, 20.1-03-07.2, and 20.1-03-07.3, a nonresident may not hunt waterfowl unless that individual first obtains a nonresident waterfowl hunting license. However, a nonresident may hunt cranes after first obtaining a nonresident waterfowl hunting license or a nonresident small game hunting license.
  2. Except as otherwise provided in this section, the nonresident waterfowl hunting license entitles the nonresident to hunt waterfowl for any period of fourteen consecutive days or any two periods of seven consecutive days each. A license authorizing the fourteen-day hunting period allows hunting in a specified waterfowl hunting zone. A license authorizing two 7-day hunting periods allows hunting in a specified zone during each period.
  3. Upon payment of the fee for a statewide nonresident waterfowl hunting license, a nonresident may hunt waterfowl in any zone. Forty dollars of the fee for a statewide nonresident waterfowl license must be used for the private land open to sportsmen program.
  4. The governor, in the governor’s proclamation, shall specify various waterfowl hunting zones for which nonresident waterfowl hunting licenses will be available, and may specify the number of licenses which may be issued in each zone and the manner in which they are to be issued.
  5. A nonresident is entitled to purchase only one nonresident waterfowl hunting license per year.
  6. The fourteen-day and two 7-day hunting period restrictions do not apply to nonresidents hunting during the early Canada goose season.

Source: S.L. 1975, ch. 210, § 1; 1979, ch. 303, § 1; 1981, ch. 259, § 1; 1995, ch. 229, § 1; 1999, ch. 218, § 3; 1999, ch. 219, § 1; 2003, ch. 195, § 2; 2003, ch. 197, § 3; 2003, ch. 198, § 1; 2003, ch. 202, § 3; 2005, ch. 215, § 1; 2005, ch. 216, § 1; 2007, ch. 57, § 1; 2007, ch. 218, § 1; 2011, ch. 174, § 1; 2013, ch. 193, § 2.

20.1-03-07.2. Nonresident youth hunting licenses.

A nonresident youth who is less than sixteen years of age may purchase a resident small game hunting license and may hunt small game and waterfowl except swans and wild turkeys; provided, that the nonresident youth’s state, or province or territory of Canada, of residence provides a reciprocal licensing agreement for North Dakota residents who are less than sixteen years of age. To be eligible to purchase a license under this section, a nonresident youth may not have arrived at the age of sixteen before September first of the year for which the license is issued and must possess a certificate of completion for a certified hunter education course. The nonresident youth may only hunt under the supervision of an adult family member or legal guardian who is licensed to hunt small game or waterfowl in this state and is subject to the same regulations as that youth’s adult family member or legal guardian. This section does not apply to the hunting of big game or to a license issued by lottery.

Source: S.L. 1995, ch. 229, § 2.

20.1-03-07.3. Nonresident spring white goose license.

A nonresident may purchase a nonresident spring white goose license to hunt white geese during a spring season as determined by the governor by proclamation. The governor, in the governor’s proclamation, may specify the number of licenses that may be issued and the manner in which they are to be issued. Nonresidents are not required to purchase any other license to hunt white geese during a spring white goose season. A nonresident is entitled to purchase only one nonresident spring white goose license per year; however, a nonresident may still purchase a nonresident waterfowl hunting license under section 20.1-03-07.1.

Source: S.L. 1999, ch. 218, § 4.

20.1-03-08. When licenses to fish not required of nonresident.

Subject to other provisions of this title, any nonresident under the age of sixteen years may fish without a nonresident fishing license if accompanied by an adult possessing a valid fishing license. Any nonresident may fish in the waters of a private fish hatchery without a nonresident fishing license. Nonresidents approved by the department and serving as instructors at official aquatics education events may fish without a license at the discretion of the director.

Source: S.L. 1973, ch. 202, § 10; 1989, ch. 282, § 1; 1993, ch. 230, § 2.

Cross-References.

Fishing license not required at private fish hatchery, see N.D.C.C. § 20.1-06-12.

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

Each application for a nonresident general game or fishing license must be signed by the applicant and state the applicant’s residential address, including street and post office, and the applicant’s weight, height, color of hair, and color of eyes.

Source: S.L. 1973, ch. 202, § 10, 1977, ch. 207, § 2.

20.1-03-10. Contents of nonresident general game, fishing, or reciprocal trapping licenses — Licenses not transferable — Nonresident short-term fishing license.

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

  1. Describe the licensee.
  2. Designate the licensee’s place of residence.
  3. Have printed upon it in large figures the year for which it is issued.
  4. Have printed upon it in large letters the words “nonresident license” and “nontransferable”.
  5. Have connected to it detachable shipping tags as the director may deem advisable.
  6. Be issued in the name of the director.

In addition to the regular nonresident fishing license, nonresident short-term fishing licenses may be issued. These licenses are valid up to ten days from the date of issue.

Source: S.L. 1973, ch. 202, § 10; 1977, ch. 207, § 3; 1977, ch. 208, § 1; 1991, ch. 231, § 36; 1995, ch. 228, § 2; 2005, ch. 217, § 1.

20.1-03-10.1. Trout and salmon license stamp. [Repealed]

Repealed by S.L. 1995, ch. 231, § 2.

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

  1. An individual may not hunt, kill, take, or attempt to take any big game without having the appropriate big game hunting license and a locking seal bearing a number corresponding to the number of the big game hunting license or stamp. The locking seal must be issued as an integral part of the big game hunting license. Except as otherwise provided in this subsection, an individual may not apply for or be issued a big game hunting license unless that individual’s fourteenth or subsequent birthday occurs in the same year as the respective big game hunting season. This age limitation does not apply to applicants for big game licenses for hunting by bow and arrow. Each violation of this section is a distinct and separate offense. The following provisions govern youth deer and antelope hunting:
    1. An individual whose eleventh, twelfth, or thirteenth birthday occurs in the same year as a youth deer hunting season is entitled to receive a statewide white-tailed antlerless deer permit but may hunt only in that youth deer hunting season.
    2. An individual whose twelfth or thirteenth birthday occurs in the same year as an antelope hunting season is entitled to apply for an antelope permit for that season.
    3. An individual hunting under subdivision a or b must be accompanied by the individual’s parent, guardian, or other individual authorized by the individual’s parent or guardian. As used in this section, “accompanied” means to stay within a distance that permits uninterrupted visual contact and unaided verbal communication.
  2. The number of licenses issued, including those licenses issued without charge under the provisions of this section, may not exceed the number of licenses authorized by the governor’s proclamation issued pursuant to section 20.1-08-04.
    1. An individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate that hold title to at least one hundred fifty acres [60.70 hectares] of land is eligible to submit one application for a license to hunt deer without charge, or if the individual named to receive the license is a nonresident, upon payment of the fee required for a nonresident big game license.
    2. A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate that has executed a lease for at least one hundred fifty acres [60.70 hectares] of land and that actively farms or ranches that land is eligible to submit one application for a license to hunt deer without charge. Upon request, a lessee shall provide proof the land described in the completed application is leased for agricultural purposes. If not otherwise specified in an agricultural lease, the landowner is entitled to receive the license. An individual issued a license under this subsection must be a resident.
    3. Applications must include a legal description of the eligible land, must be within a unit open for the hunting of deer, and must be signed. A license issued under this subsection is valid for the deer bow, deer gun, and muzzleloader seasons until filled and only upon the land described in the application.
    4. If the eligible applicant in subdivisions a and b is a corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, only one license may be issued and the license must be issued in the name of an individual shareholder, member, partner, beneficiary, or holder of a life estate.
    5. An individual who is eligible for a license under subsections a and b may transfer that eligibility for the license to a spouse or legal dependent residing customarily with that individual. An individual may be eligible for only one license. No more than one license may be issued under this subsection for all qualifying land. An individual transferring eligibility under this subsection may not receive a license under subsections a and b for seasons for which the eligibility was transferred.
    6. An individual, that individual’s spouse, and their children who have a license issued under subsections a and b may hunt together on land described in any of the applications making them eligible for the license. Family members hunting together under this provision must hunt within the same unit within which the land described in the application making them eligible for the license is located.
    7. Applications for license issued under subsections a, b, and f received by the game and fish department on or before the date of the application deadline for deer gun lottery will be issued as any legal deer. Applications for license issued under subsections a, b, and f received by the game and fish department after the application deadline will be issued based on licenses available.
  3. One percent of the total deer licenses and permits to hunt deer with guns to be issued in any unit or subunit as described in the governor’s proclamation, including licenses issued to nonresidents under subsection 3, must be allocated for nonresidents. Notwithstanding the number of licenses allocated under this subsection, upon payment of the fee requirement for a nonresident who participates on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents, a nonresident may participate on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents.
    1. A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and has executed a lease for at least one hundred fifty acres [60.70 hectares] of land that the resident actively farms or ranches; or a resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and holds title to at least one hundred fifty acres [60.70 hectares] of land, is eligible to submit one application for a license to hunt antelope without charge upon filing a signed application describing that land. The land must be within a unit open for the hunting of antelope. The license must include a legal description of the eligible land described in the completed application and may be used to hunt antelope only upon that land. Upon request, a lessee shall provide proof that the land described in the completed application is leased for agricultural purposes. If not otherwise specified in an agricultural lease, the landowner is entitled to receive the license. An individual licensed under this subsection must be a resident.
    2. If the eligible applicant is a corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, only one license may be issued, and the license must be issued in the name of an individual shareholder, member, partner, beneficiary, or holder of a life estate.
    3. A resident who is eligible for a license under this subsection may transfer that eligibility for the license to a spouse or legal dependent residing customarily with the resident, but no more than one license may be issued under this subsection for any qualifying land. A resident transferring eligibility under this subsection may not receive a license under this subsection for the season for which eligibility was transferred. If not otherwise specified in an agricultural lease, the landowner is entitled to receive the license.
    4. The number of licenses issued without charge under this subsection may not exceed the total number of licenses prescribed for each district or unit in the governor’s proclamation. If the number of eligible persons who apply for licenses issued without charge under this subsection exceeds the number of licenses prescribed for the district or unit in the governor’s proclamation less any licenses that are otherwise designated to be issued with a charge under this subsection, the licenses to be issued without charge must be issued by lottery as prescribed in the governor’s proclamation. If the number of licenses prescribed for the district or unit in the governor’s proclamation exceeds fifty and if the number of applications for these licenses exceeds the number of licenses prescribed for the district or unit in the governor’s proclamation, then one-half of the licenses exceeding fifty must be issued by lottery as prescribed in the governor’s proclamation and may not be issued to landowners without charge.
  4. A person who is unable to step from a vehicle without aid of a wheelchair, crutch, brace, or other mechanical support or prosthetic device or who is unable to walk any distance because of a permanent lung, heart, or other internal disease that requires the person to use supplemental oxygen to assist breathing and who receives or obtains, whether issued by lottery or otherwise, a license to hunt deer, is entitled to convert one license to take any sex or species of deer in the unit or subunit for which the license is issued. Notwithstanding any other law or any provision contained in the governor’s proclamation concerning the hunting of deer, a person who is unable to step from a vehicle without aid of a wheelchair, crutch, brace, or other mechanical support or prosthetic device or who is unable to walk any distance because of a permanent lung, heart, or other internal disease that requires the person to use supplemental oxygen to assist breathing is entitled to apply for a license to hunt deer regardless of whether that person received a license to hunt deer in any prior year.
    1. A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and has executed a lease for at least one hundred fifty acres [60.70 hectares] of land that the resident actively farms or ranches; or a resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate and holds title to at least one hundred fifty acres [60.70 hectares] of land, is eligible to submit one application for a license to hunt elk upon filing a signed application describing that land and payment of the fee requirement for a resident big game license. The land must be within a unit open for the hunting of elk. The license must include a legal description of the eligible land described in the completed application and may be used to hunt elk within the district or unit in which the land described in the completed application is located. Upon request, a lessee shall provide proof that the land described in the completed application is leased for agricultural purposes. If not otherwise specified in an agricultural lease, the landowner is entitled to receive the license. An individual issued a license under this subsection must be a resident.
    2. If the eligible applicant is a corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, only one license may be issued, and the license must be issued in the name of an individual shareholder, member, partner, beneficiary, or holder of a life estate.
    3. A resident who is eligible for a license under this subsection may transfer that eligibility for the license to a spouse or legal dependent residing customarily with the resident, but no more than one license may be issued under this subsection for any qualifying land.
    4. The governor’s proclamation may restrict the districts or units for which preferential licenses may be issued under this subsection. The number of licenses issued under this subsection for each designated district or unit for hunting elk may not exceed fifteen percent of the total licenses prescribed in the governor’s proclamation for each district or unit. If the number of applications for licenses to be issued under this subsection in a district or unit exceeds the maximum number of licenses allocated to that district or unit, the licenses to be issued must be issued by weighted lottery as prescribed in the governor’s proclamation. Licenses to hunt elk may not be issued under this subsection when the total number of licenses prescribed in the governor’s proclamation is fewer than twenty.
    5. The director may issue special elk depredation management licenses to landowners in designated areas around Theodore Roosevelt national park upon payment of the fee requirement for a resident big game license. The provisions of this section governing the number of licenses issued for each designated district or unit for hunting elk do not apply to special elk depredation management licenses and a person who receives such a license under this subsection is eligible to apply for a license to hunt elk in future years and is eligible to participate in the raffle under section 20.1-08-04.6.
    6. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this subsection.
    1. A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and has executed a lease for at least one hundred fifty acres [60.70 hectares] of land that the resident actively farms or ranches; or a resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate and holds title to at least one hundred fifty acres [60.70 hectares] of land, is eligible to submit one application for a license to hunt moose without charge upon filing a signed application describing that land. The land must be within a unit open for the hunting of moose. The license must include a legal description of the eligible land described in the completed application and may be used to hunt moose only upon that land. Upon request, a lessee shall provide proof that the land described in the completed application is leased for agricultural purposes. If not otherwise specified in an agricultural lease, the landowner is entitled to receive the license. An individual issued a license under this subsection must be a resident.
    2. If the eligible applicant is a corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, only one license may be issued, and the license must be issued in the name of an individual shareholder, member, partner, beneficiary, or holder of a life estate.
    3. A resident who is eligible for a license under this subsection may transfer that eligibility for the license to a spouse or a legal dependent residing customarily with the resident, but no more than one license may be issued under this subsection for any qualifying land. A resident transferring eligibility under this subsection is not eligible to apply for a license to hunt moose in future years but is eligible to participate in the raffle under section 20.1-08-04.2. If not otherwise specified in an agricultural lease, the landowner is entitled to receive the license.
    4. The number of licenses issued under this subsection for a district or unit may not exceed fifteen percent of the total licenses prescribed in the governor’s proclamation for that district or unit. If the number of eligible persons who apply for a license under this subsection exceeds the number of licenses available under this subsection, the licenses must be issued by lottery as prescribed in the governor’s proclamation.
    5. A person who receives a license under this subsection and who is successful in harvesting a moose is not eligible to apply for a license to hunt moose in future years but is eligible to participate in the raffle under section 20.1-08-04.2. Notwithstanding this subsection, if a person other than the transferee of license eligibility is unsuccessful in harvesting a moose under this subsection, that person may return the unused license to the department and is eligible to apply for, but not transfer, an additional license to hunt moose in future years. A person who receives a second license under this subsection is not eligible to participate in the raffle under section 20.1-08-04.2. If a person receives a license under this subsection, the person’s spouse, children, and parents living with the person are not eligible to receive a license under this subsection for the district or unit in which the land described in the completed application is located, unless the person has sold or otherwise transferred the person’s rights to the land described in the completed application.
    6. The governor’s proclamation may restrict the area of land within a unit open for the hunting of moose for which a preferential license is issued under this subsection. If the proclamation restricts the area for issuance of preferential licenses, an applicant must own or lease land within the restricted area to be eligible to apply for a license to hunt moose upon payment of the fee required for a resident big game license. The license may be used to hunt moose within the entire unit in which the land described in the completed application is located. A successful applicant from a restricted area may not return an unused license to regain eligibility for a license to hunt moose in future years. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this subsection.
    7. The director may issue special moose depredation management licenses to landowners in areas designated by the director upon payment of the fee required for a resident big game license. The provisions of this section governing the number of licenses issued for each designated district or unit for hunting moose do not apply to special moose depredation management licenses. A person receiving a moose depredation management license under this subsection is eligible to apply for a license to hunt moose in future years and is eligible to participate in the raffle under section 20.1-08-04.2.
  5. A person who holds a valid license to hunt deer may hunt the same species and sex of deer, for which that person’s license is valid, on land in an adjoining unit for which that person would be eligible for a gratis deer license under subsection 3.
  6. Fifteen percent of the total mule deer licenses and permits to hunt mule deer made available in the immediately preceding year for the regular gun season must be made available to nonresidents to hunt any deer with bow and arrow.

Source: S.L. 1973, ch. 202, § 10; 1975, ch. 209, § 2; 1977, ch. 209, § 1; 1979, ch. 304, § 1; 1983, ch. 271, §§ 1, 2; 1985, ch. 276, § 1; 1987, ch. 275, § 1; 1987, ch. 276, § 1; 1991, ch. 238, § 1; 1991, ch. 239, § 1; 1993, ch. 231, § 1; 1993, ch. 232, § 1; 1993, ch. 233, § 2; 1995, ch. 230, § 1; 1997, ch. 212, § 1; 1997, ch. 213, § 1; 1997, ch. 214, § 1; 1997, ch. 215, § 1; 1997, ch. 216, § 1; 1999, ch. 218, § 5; 1999, ch. 220, § 1; 1999, ch. 221, § 1; 2001, ch. 223, § 1; 2003, ch. 199, § 1; 2003, ch. 200, § 1; 2003, ch. 204, § 1; 2005, 218, § 1; 2005, ch. 219, § 1; 2005, ch. 220, § 1; 2009, ch. 204, § 2; 2009, ch. 205, § 1; 2011, ch. 176, § 1; 2011, ch. 175, § 1; 2013, ch. 194, § 1; 2017, ch. 172, § 2, effective August 1, 2017; 2019, ch. 199, § 1, effective July 1, 2019.

Cross-References.

Big game regulations, see N.D.C.C. ch. 20.1-05.

20.1-03-11.1. Combination license — Director authorized to establish.

The director may establish a combination license consisting of a general game license, resident fishing license, resident small game license, habitat stamp, and fur-bearer license.

Source: S.L. 1991, ch. 243, § 2.

20.1-03-11.2. Hunting outfitters — White-tailed deer licenses — Fees.

The governor shall make one-half of the antlered white-tailed deer licenses and permits allocated to nonresidents under subsection 4 of section 20.1-03-11, up to a maximum of one hundred licenses, available to hunting outfitters licensed in this state. A hunting outfitter may not purchase or obtain more than five white-tailed deer licenses under this section in any one year. A hunting outfitter shall pay the fee required for a white-tailed deer license sold to outfitters and provided by them to nonresidents for each license purchased under this section. A hunting outfitter may provide to nonresidents, for compensation, big game guiding and outfitting services and one white-tailed deer license per nonresident as provided in this section to hunt white-tailed deer in the manner, at the places, and during the times the governor prescribes by proclamation.

Source: S.L. 1991, ch. 241, § 2; 1993, ch. 231, § 2; 2001, ch. 224, § 1; 2003, ch. 202, § 4.

20.1-03-11.3. Early Canada goose season.

A resident or nonresident may purchase an early Canada goose license to hunt geese during an early season as determined by the governor by proclamation. The governor by proclamation may specify the number of licenses that may be issued and the manner in which the licenses are issued. A nonresident is not required to purchase any other license to hunt Canada geese during an early Canada goose season. A nonresident is not entitled to more than one nonresident early Canada goose season license and still may obtain a nonresident waterfowl hunting license under section 20.1-03-07.1.

Source: S.L. 2013, ch. 193, § 3.

20.1-03-11.4. Deer lottery license refund to private land open to sportsmen option.

The director shall provide that each application for a deer lottery license contain the option for an applicant to donate the refund to which an unsuccessful applicant would be entitled to the private land open to sportsmen program. All moneys collected under this section must be placed in the game and fish private land habitat and access improvement fund and allocated to the private land open to sportsmen program.

Source: S.L. 2015, ch. 166, § 1, effective August 1, 2015.

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

  1. When an application for a license issued by a lottery that accrues bonus points is made by an eligible resident with the intent to forfeit the opportunity to receive that license, the director shall limit that applicant to the purchase of one bonus point for that year for that lottery. The applicant shall pay the same fee as the respective license.
  2. The director shall allocate fees collected under subsection 1 to the private lands open to sportsmen program.

Source: S.L. 2017, ch. 173, § 1, effective August 1, 2017.

20.1-03-12. Schedule of fees for licenses and permits.

The fees collected under this section for licenses and permits must be deposited with the state treasurer and credited to the game and fish fund, except aquatic nuisance species fees must be deposited with the state treasurer and credited to the aquatic nuisance species program fund. Forty-five dollars of each nonresident big game hunting license fee must be used for the private land initiative. The various license and permit fees are as follows:

  1. For a resident, age sixteen and over, small game hunting license, ten dollars.
  2. For a nonresident small game hunting license, one hundred dollars.
  3. For a resident big game hunting license, thirty dollars, except the fee for a licensee under age sixteen is ten dollars, except as provided in a gubernatorial proclamation issued pursuant to section 20.1-08-04.1.
  4. Except for a nonresident who participates on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents under subsection 4 of section 20.1-03-11, for a nonresident big game hunting license, two hundred fifty dollars, and for a nonresident bow license, two hundred fifty dollars, and a nonrefundable five dollar application fee must accompany any lottery license fee under this subsection, except as provided in a gubernatorial proclamation issued pursuant to section 20.1-08-04.1. For a nonresident who participates on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents, fifty dollars.
  5. For a resident fur-bearer license, fifteen dollars.
  6. For a resident fishing license, sixteen dollars, except that for a resident sixty-five years or over, a resident totally or permanently disabled, or a resident disabled veteran who has a fifty percent service-connected disability as determined by the department of veterans’ affairs or has an extra-schedular rating to include individual unemployability that brings the veteran’s total disability ratio to fifty percent, the license fee is five dollars.
  7. For a nonresident fishing license, forty-five dollars.
  8. For a resident husband and wife fishing license, twenty-two dollars.
  9. For a nonresident nongame hunting license, fifteen dollars.
  10. For a resident wild turkey permit, fifteen dollars.
  11. For an annual general game license, three dollars.
  12. For a license to a nonresident buyer or shipper of green furs, or that person’s agent, the amount that the nonresident buyer or shipper of green furs would pay for a nonresident buyer or shipper of green furs license or comparable license in that person’s state of residence, or fifty dollars, whichever is greater.
  13. For a license to a resident buyer or shipper of green furs, eight dollars for each place of business maintained by that person within this state.
  14. For a license to a resident traveling agent, buyer, or shipper of green furs, twenty dollars.
  15. For an annual license to practice taxidermy, twenty-five dollars.
  16. For a permit to ship, by a person having a resident hunting license, during the respective open seasons, not to exceed in any one season twenty-five game birds, to points within this state other than that person’s home or to points outside this state, three dollars.
  17. For a permit to make collections of protected birds and animals for scientific purposes, ten dollars.
  18. For a motorboat certificate of number and license: Each motorboat under sixteen feet [4.88 meters] in length, and all canoes, regardless of length, powered by a motor, eighteen dollars. Each motorboat sixteen feet [4.88 meters] in length and over but shorter than twenty feet [6.1 meters] in length, excluding canoes, thirty-six dollars. Each motorboat twenty feet [6.1 meters] in length or over excluding canoes, forty-five dollars.
  19. For the taking of undesirable fish from the waters of this state pursuant to section 20.1-06-05, fifteen dollars for each hoop-net or trap, and fifteen dollars for each seine of fifty feet [15.24 meters] or any fraction thereof.
  20. For a resident paddlefish tag annual license, ten dollars per tag.
  21. For a nonresident paddlefish tag annual license, twenty-five dollars and fifty cents per tag.
  22. For an annual resident license to sell minnows or other live bait at wholesale, fifty dollars.
  23. For an annual license to sell minnows or other live bait at retail, fifteen dollars, except the fee is seventy-five dollars if white suckers are sold.
  24. For an annual license to operate a private fish hatchery, seventy-five dollars.
  25. For a resident commercial frog license, fifty dollars.
  26. For a nonresident commercial frog license, two hundred dollars.
  27. For a resident frog license, three dollars.
  28. For a resident husband and wife frog license, five dollars.
  29. For a shooting preserve operating permit, one hundred dollars, plus thirty cents per acre [.40 hectare] for each acre [.40 hectare].
  30. For a nonresident waterfowl hunting license, one hundred dollars.
  31. For a nonresident husband and wife fishing license, sixty dollars.
  32. For a nonresident short-term three-day fishing license, twenty-five dollars.
  33. For a nonresident fur-bearer and nongame hunting license, forty dollars.
  34. For a combination license, fifty dollars.
  35. For a white-tailed deer license sold to certified guides or outfitters and provided by them to nonresidents, two hundred fifty dollars.
  36. For a resident swan license, ten dollars.
  37. For a nonresident swan license, thirty dollars.
  38. For a resident sandhill crane license, ten dollars.
  39. For a nonresident sandhill crane license, thirty dollars.
  40. For a resident commercial clam license, one hundred dollars.
  41. For a nonresident commercial clam license, one thousand dollars.
  42. For a commercial clam dealer’s permit, two thousand dollars. In addition, the applicant shall submit to the director a surety bond in the sum of two thousand dollars.
  43. For an annual class B nonresident license to sell minnows or other live bait at wholesale, two hundred fifty dollars.
  44. For a bighorn sheep license issued to a nonresident, five hundred dollars.
  45. For a nonresident reciprocal trapping license, three hundred fifty dollars.
  46. For a nonresident spring white goose license, fifty dollars.
  47. For a resident certificate fee, one dollar, and for a nonresident certificate fee, two dollars. An agent may not charge a service fee for issuing a resident or nonresident certificate fee.
  48. For a nonresident short-term ten-day fishing license, thirty-five dollars.
  49. For a nonresident wild turkey permit, eighty dollars.
  50. For a statewide nonresident waterfowl hunting license, one hundred fifty dollars.
  51. For an annual class A nonresident license to sell minnows or other live bait at wholesale, five hundred dollars.
  52. For a resident early Canada goose season license, five dollars.
  53. For a nonresident early Canada goose season license, fifty dollars.
  54. For a resident disabled veteran combined general game, habitat stamp, small game, and fur-bearer license, three dollars.
  55. For each motorboat licensed in this state, an aquatic nuisance species fee of fifteen dollars valid concurrent with motorboat licensure.
  56. For each motorboat operated on waters of this state and not licensed in this state, an aquatic nuisance species fee of fifteen dollars for the calendar year in which it is paid.

Source: S.L. 1973, ch. 202, § 10; 1973, ch. 205, § 3; 1975, ch. 210, § 3; 1977, ch. 207, § 4; 1977, ch. 208, § 2; 1979, ch. 302, §§ 2, 3; 1979, ch. 305, § 1; 1979, ch. 306, § 1; 1981, ch. 260, §§ 1, 2; 1983, ch. 270, § 2; 1983, ch. 272, §§ 1, 2; 1985, ch. 277, § 1; 1987, ch. 277, §§ 1, 2; 1989, ch. 21, § 5; 1989, ch. 281, § 2; 1989, ch. 283, § 1; 1991, ch. 232, § 7; 1991, ch. 240, § 1; 1991, ch. 241, § 1; 1991, ch. 242, § 1; 1991, ch. 243, § 1; 1993, ch. 12, § 6; 1993, ch. 227, § 3; 1993, ch. 229, § 2; 1993, ch. 229, § 3; 1993, ch. 234, § 1; 1995, ch. 228, § 3; 1995, ch. 231, § 1; 1995, ch. 232, §§ 1, 2; 1997, ch. 210, § 3; 1999, ch. 218, § 6; 2001, ch. 221, §§ 2, 3; 2001, ch. 224, § 2; 2003, ch. 197, §§ 4, 5; 2003, ch. 200, § 2; 2003, ch. 201, § 1; 2003, ch. 202, § 5; 2005, ch. 207, § 5; 2005, ch. 215, § 2; 2005, ch. 217, § 2; 2005, ch. 222, §§ 2, 3; 2005, ch. 224, §§ 1, 2; 2005, ch. 227, § 1; 2007, ch. 219, § 1; 2013, ch. 193, §§ 4, 5; 2013, ch. 195, § 1; 2013, ch. 196, § 1; 2017, ch. 174, § 1, effective April 12, 2017; 2019, ch. 198, § 3, effective January 1, 2020.

Cross-References.

Hunting and fishing license fees to be used only for departmental programs and administration, see N.D.C.C. § 20.1-02-17.

Collateral References.

Validity, Construction, and Application of State Statutes Prohibiting, Limiting, or Regulating Fishing or Hunting in State by Nonresidents, 31 A.L.R.6th 523.

Law Reviews.

Constitutional Law — Commerce Clause and Privileges and Immunities Clause: Eighth Circuit Court of Appeals Upholds North Dakota’s Nonresident Hunting Regulations, Reaffirming States’ Rights to Regulate Wildlife Resources Within Their Borders, 83 N.D. L. Rev. 1029 (2007).

20.1-03-12.1. Habitat restoration stamp required — Use of revenue — Land purchases not allowed.

Except for licenses issued under section 20.1-03-07.3, a habitat restoration stamp is required for every resident and nonresident general game license for which a stamp fee of seventeen dollars must be charged. The habitat restoration stamp fee is in addition to the annual general game license fee charged under section 20.1-03-12. Land may not be purchased with habitat restoration stamp moneys. All moneys generated by habitat restoration stamp fees must be placed in the game and fish private land habitat and access improvement fund with eight dollars of the fee allocated to the private land open to sportsmen program.

Source: S.L. 1981, ch. 261, § 1; 1987, ch. 278, § 1; 1991, ch. 231, § 37; 1995, ch. 54, § 13; 1997, ch. 210, § 4; 1999, ch. 218, § 7; 2003, ch. 197, § 6; 2013, ch. 195, § 2.

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

Each resident applying for a license or permit to hunt elk, moose, or bighorn sheep under this chapter must be assessed a nonrefundable application fee of five dollars for each license or permit application in addition to the fee charged for the issuance of the license or permit under this chapter. Each nonresident applying for a license or permit to hunt bighorn sheep under this chapter must be assessed a nonrefundable application fee of one hundred dollars in addition to the fee charged for the issuance of a license or permit to hunt bighorn sheep under this chapter.

Source: S.L. 1985, ch. 278, § 2; 1991, ch. 242, § 2; 1993, ch. 229, § 4; 1993, ch. 234, § 2; 2013, ch. 195, § 3.

20.1-03-12.3. Fishing, combination, and waterfowl license surcharge.

The director shall establish a surcharge of two dollars on each resident fishing license and combination license except for the resident sixty-five years of age or older license, permanently or totally disabled license, or a disabled veteran license as defined in subsection 6 of section 20.1-03-12. The director also shall establish a surcharge of three dollars on each nonresident fishing license and each nonresident waterfowl hunting license issued under section 20.1-03-12. The collected surcharge fees must be deposited with the state treasurer and credited to the aquatic nuisance species program fund.

Source: S.L. 2019, ch. 198, § 4, effective April 1, 2020.

20.1-03-13. Stocking and propagation of upland game.

The department shall allocate not less than fifty thousand dollars biennially, from moneys collected under section 20.1-03-12, to the stocking and propagation of upland game.

Source: S.L. 1973, ch. 202, § 10.

20.1-03-14. Practicing taxidermy for pay without a license unlawful.

No person may practice taxidermy for pay in this state without a taxidermist’s license. Each violation of this section is a distinct and separate offense.

Source: S.L. 1973, ch. 202, § 10.

20.1-03-15. Taxidermist’s license — Who to issue.

The director shall issue an annual license to practice taxidermy upon payment of the appropriate license fee.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 38.

20.1-03-16. Records required of licensed taxidermists — Contents — Inspection of records and unmounted specimens by game officials — Penalty.

Each person having a license to practice taxidermy shall keep a record showing the name of every person who furnished the licensee with a green or unmounted specimen and the species of each specimen. The licensee, upon request, shall exhibit the record and all unmounted specimens in the licensee’s possession to the director, the deputy director, or any bonded game warden. Any person who violates this section is guilty of a class 1 noncriminal offense.

Source: S.L. 1973, ch. 202, § 10; 1975, ch. 106, § 200; 1985, ch. 272, § 10; 1991, ch. 231, § 39.

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

All hunting, fur-bearer, fishing, and taxidermists’ licenses must be issued by the director, deputy director, and bonded game wardens. The deputy director and each bonded game warden shall send the director all license fees.

Upon request, the director may appoint the person making the request an agent to distribute hunting and fishing licenses. The director may provide licenses to agents located outside this state if there are no agents located a reasonable distance within this state where nonresidents may obtain licenses. Upon request, the director may appoint the county auditor of any county as an agent to distribute hunting and fishing licenses. The director may require an agent to show evidence of adequate financial security before the agent is appointed. Adequate financial security may be evidenced by a letter of credit, cash deposit, or bond. Agents may be bonded through the state bonding fund. An agent may charge a purchaser up to three percent of the total license fee excluding the certificate fee. The agent shall return the remainder of the license fees to the director at least once each month. Notwithstanding section 26.1-21-11, if a claim against the state bonding fund is not filed within sixty days of the expiration of the reporting period provided in this section, the claim is waived. Deposits are to be accompanied by a report showing the amounts received from the sale of each type of license, the amount retained, and the net amounts deposited. The director shall deposit all license fees received with the state treasurer to be credited to the game and fish fund. Each agent appointed to distribute hunting and fishing licenses shall implement a computerized online licensing system approved by the department. The agent is responsible for any equipment, supplies, and technical support associated with selling licenses online.

Source: S.L. 1973, ch. 202, § 10; 1973, ch. 208, § 1; 1983, ch. 273, § 1; 1983, ch. 274, § 1; 1989, ch. 284, § 1; 1989, ch. 285, § 1; 1991, ch. 231, § 40; 1997, ch. 217, § 1; 1999, ch. 222, § 1; 2001, ch. 225, § 1; 2013, ch. 197, § 1; 2015, ch. 177, § 1, effective April 1, 2016; 2017, ch. 175, § 1, effective March 13, 2017.

Cross-References.

Hunting and fishing license fees to be used only for departmental programs and administration, see N.D.C.C. § 20.1-02-17.

Suspension of hunting or fishing privileges, see N.D.C.C. § 20.1-01-26.

Notes to Decisions

Criminal Prosecution for Embezzlement.

County auditor who fraudulently appropriated moneys collected for the issuance of hunting licenses was subject to prosecution for embezzlement. State v. Kopriva, 51 N.D. 778, 201 N.W. 167, 1924 N.D. LEXIS 84 (N.D. 1924).

Collateral References.

Validity, Construction, and Application of State Statutes Prohibiting, Limiting, or Regulating Fishing or Hunting in State by Nonresidents, 31 A.L.R.6th 523.

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

For licenses not issued through the computerized online licensing system, each agent appointed to distribute hunting and fishing licenses shall keep on file a record of each license received from the director. These licenses may be inspected at any time by the director or the director’s duly authorized deputies and wardens. Each agent shall return to the director all unused or mutilated licenses and tags within thirty days after the close of the season for which the license was valid.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 41; 2015, ch. 177, § 2, effective April 1, 2016.

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

At the beginning of each month, the director shall provide each agent appointed to distribute hunting and fishing licenses a statement reporting the agent’s license sales for the previous month. By the fifteenth of each month, the agent shall remit to the director the funds collected for license sales for the preceding month.

Source: S.L. 1973, ch. 202, § 10; 1989, ch. 286, § 1; 1991, ch. 231, § 42; 2015, ch. 177, § 3, effective April 1, 2016.

20.1-03-20. Bonds of agents applicable to duties imposed by this title.

The official bond of each agent bonded through the state bonding fund and appointed by the director to distribute hunting and fishing licenses or stamps applies to all duties required of agents under this title, including the liability for all moneys required to be collected or received by agents under this title for the issuance of licenses.

Source: S.L. 1973, ch. 202, § 10; 1989, ch. 285, § 2; 2015, ch. 177, § 4, effective April 1, 2016.

Cross-References.

Bonds of civil officers, see N.D.C.C. ch. 26.1-21.

Bonds of county officers, see N.D.C.C. § 11-10-06.

20.1-03-21. Failure to turn over money collected under provisions of this title unlawful — Penalty.

It is unlawful for a person to fail or refuse to turn over any moneys collected or authorized to be collected under this title, or to fail or refuse to turn over and deliver to the director all applications, stubs, and mutilated and unused licenses and permits. The director may take appropriate action to recover from the person so defaulting, or on that person’s bond.

Source: S.L. 1973, ch. 202, § 10; 1975, ch. 106, § 201; 1991, ch. 231, § 43.

20.1-03-22. Buying or shipping green furs — License required — Expiration of license.

No person may engage in the business of buying or shipping green furs in this state unless that person first obtains a license from the director. A license issued under this section expires on the first day of September following the date of its issue and may be issued only upon payment of the appropriate fee.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 44.

Cross-References.

Property rights in animal or pelt, see N.D.C.C. § 20.1-07-02.

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

Each person licensed to engage in the business of buying or shipping green furs shall keep a true and correct record of each purchase of green furs made by that person. The record must show:

  1. The date of the purchase.
  2. The name and address of the seller.
  3. The kind and number of furs involved in the purchase.
  4. The amount of money paid to the seller for the furs purchased.
  5. Any additional information as the director may require.

The information contained in the record must be furnished to the director on forms prepared by the director and under rules the director may adopt. Any person who violates this section is guilty of a class 1 noncriminal offense.

Source: S.L. 1973, ch. 202, § 10; 1985, ch. 272, § 11; 1991, ch. 231, § 45.

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

Any resident having a hunting, fishing, or fur-bearer license and lawfully in possession of any big game, small game, fur-bearer, or fish may:

  1. Ship such game or fish by common carrier to the person’s residential address; or
  2. Carry such game or fish on a common carrier or other conveyance to the person’s residential address.

Source: S.L. 1973, ch. 202, § 10.

Cross-References.

Bag limit of big game, see N.D.C.C. § 20.1-05-03.

Common carriers not to transport game or fish except during open season, see N.D.C.C. § 20.1-01-16.

Possession limit of game birds, see N.D.C.C. § 20.1-04-06.

20.1-03-24.1. Permits for the transportation of big game.

Upon request, a resident or nonresident may obtain a permit for the transportation of big game from the director, deputy director, chief game wardens, district game wardens, or any law enforcement officer. The director shall determine the criteria for and the conditions under which a permit for the transportation of big game may be issued under this section.

Source: S.L. 1991, ch. 245, § 1.

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

Any nonresident having a nonresident hunting, fur-bearer, or fishing license, and lawfully in possession of any big game, small game, fur-bearer, or fish may:

  1. Carry such game or fish with the person on leaving this state.
  2. Ship by common carrier, upon providing identification by displaying the person’s nonresident license, such game or fish, if the shipment is carried openly for content inspection and is plainly marked with a suitable tag bearing the person’s name, address, and the number of the person’s nonresident hunting, fishing, or fur-bearer license, and has attached to it a special shipping tag provided with the nonresident license form. The total number of such game or fish shipped in any one season shall not exceed the number the person may lawfully possess.
  3. Ship upland game or migratory waterfowl by common carrier, upon identifying that person by displaying that person’s nonresident license, if the shipment is carried openly for content inspection and is plainly marked with tags issued by the director. These tags must be designed so they can be used only once.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 46.

Cross-References.

Bag limit of big game, see N.D.C.C. § 20.1-05-03.

Common carriers not to transport game or fish except during open season, see N.D.C.C. § 20.1-01-16.

Possession limit of game birds, see N.D.C.C. § 20.1-04-06.

Collateral References.

Validity, Construction, and Application of State Statutes Prohibiting, Limiting, or Regulating Fishing or Hunting in State by Nonresidents, 31 A.L.R.6th 523.

20.1-03-26. Nonresidents — Taking and transporting of game birds — License. [Repealed]

Repealed by S.L. 1983, ch. 275, § 1.

20.1-03-27. Proof of license to be provided officers upon demand — Penalty.

Upon the request or demand of the director, the deputy director, any game warden, or any peace officer, an individual who is hunting, trapping, or fishing immediately shall provide the appropriate license in paper or electronic format to the officer making the request or demand. Any individual who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 10; 1975, ch. 106, § 202; 1985, ch. 272, § 12; 1991, ch. 231, § 47; 2013, ch. 198, § 1.

20.1-03-28. Duplicate licenses or permits. [Repealed]

Repealed by S.L. 1983, ch. 265, § 2.

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

No person may make any willful misrepresentation in the person’s application for a license or permit or make any alteration on a license or permit already issued.

Source: S.L. 1973, ch. 202, § 10.

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

The fee remitted by any person who applies for a license issued by lottery, when by any law or proclamation that person is ineligible to apply because of any waiting period, is forfeited. The director shall notify the applicant that the applicant is ineligible for this reason and the fee has been forfeited. The fees received by the department pursuant to this section must be deposited in the state game and fish fund.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 48; 1991, ch. 244, § 1.

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

No person may use the license or permit of another person or attempt to deceive the director, the deputy director, any game warden, or any police officer by claiming that license as that person’s own.

Source: S.L. 1973, ch. 202, § 10; 1991, ch. 231, § 49.

20.1-03-32. Computer-generated license.

In addition to the license system under this chapter, licenses may be generated by a telephone, computer, or electronic system designated by the director. The director may accept payment by wire transfer, electronic transfer, or a nationally recognized credit or debit card for licenses issued under this section. A reasonable fee not exceeding the discount charged by the credit card issuer may be added to the payment as a service charge for the acceptance of the credit or debit card. The director shall determine which nationally recognized cards will be accepted for payments made under this section. If payment is made by a credit or debit card, the liability for a license purchased under this section is not discharged until the director receives payment or credit from the institution responsible for making the payment or credit.

Source: S.L. 1995, ch. 233, § 1.

20.1-03-33. When an individual considered licensed.

An individual is considered licensed upon:

  1. Submittal of any required information;
  2. Payment of the appropriate fee; and
  3. Approval of the director or representatives designated by the director.

Source: S.L. 1995, ch. 233, § 2.

20.1-03-34. Signature and possession requirements.

Signature and possession of license requirements may be waived by the director by rule for individuals licensed through license systems established under section 20.1-03-32.

Source: S.L. 1995, ch. 233, § 3.

20.1-03-35. Social security number to be furnished.

The social security number of an applicant for any license or permit issued under this chapter must be recorded on the application unless the applicant is a foreign national to whom no social security number has been issued. A social security number recorded under this section is confidential. Beginning on January 1, 2008, any application that is printed in paper form for a resident or nonresident fishing, hunting, or fur-bearer certificate must be printed in a manner so that only the last four digits of the applicant’s social security number are recorded on the application, and the first five digits of the applicant’s social security number are not recorded on the application.

Source: S.L. 1999, ch. 141, § 19; 2003, ch. 382, § 2; 2007, ch. 220, § 1.

20.1-03-36. Guides and outfitters to be licensed.

An individual may not act as a guide or outfitter or advertise or otherwise represent to the public as a guide or outfitter without first securing a license in accordance with this chapter and the rules of the director.

Source: S.L. 1999, ch. 223, § 1; 2003, ch. 202, § 6.

20.1-03-36.1. Fee for guide or outfitter license.

  1. The annual fee to receive a hunting guide license is one hundred dollars for a resident and four hundred dollars for a nonresident.
  2. The annual fee to receive a fishing outfitter license is one hundred dollars for a resident and four hundred dollars for a nonresident. The annual fee to receive a fishing outfitter license is fifty dollars for a resident and two hundred dollars for a nonresident if the individual applying for the license has paid for a hunting guide or outfitter license for the same year.
  3. The annual fee for a resident to receive a hunting outfitter license is two hundred fifty dollars for under ten thousand acres [4046.86 hectares] and five hundred dollars for ten thousand acres [4046.86 hectares] and over on which the outfitter provides services. The annual fee for a nonresident to receive a hunting outfitter license is two thousand dollars. The acreage must be presented by the county with a list of lessors by county in every application for outfitter licensure. The annual permit fee for day leasing is two hundred dollars. The acreage day leased by county for the preceding year must be provided to receive a day leasing permit.
  4. Except as otherwise provided in this subsection, a license is not required for a person to provide services on real property that person owns or leases for the primary pursuit of bona fide agricultural interests, for a nonprofit organization registered with the secretary of state, or for a person that acts as a booking agent for a person that legally conducts business as an outfitter. However, a person who has been convicted of a state or federal criminal game or fish violation within the last three years or whose license to hunt or fish is under suspension or revocation is not exempt from licensure and is subject to subsection 5 of section 20.1-03-37. A booking agent that refers an individual to an outfitter under this subsection may receive a fee or commission for the referral.  The director shall determine the number of acres by county exempted from licensure by this subsection and shall publish the results. The director shall provide written information to the public on the possible liability exposure for outfitting under this subsection and on the benefits of liability insurance and proper training. For purposes of this subsection, a booking agent means a person that receives only a fee for referring or marketing the services of a legal outfitter in this state.

Source: S.L. 2003, ch. 202, § 7; 2009, ch. 206, § 1; 2009, ch. 207, § 1; 2011, ch. 177, § 1.

20.1-03-36.2. Guides and outfitters licenses.

  1. Each licensee shall carry the license while afield and show the license to any law enforcement officer upon request.
  2. Hunting guide and fishing outfitter licenses are not transferable.
  3. Guide and outfitter licenses expire on March thirty-first of each year for licenses issued after March thirty-first in the previous year unless revoked at an earlier date.
  4. The department shall deposit in the game and fish department private habitat and access improvement fund any funds collected under section 20.1-03-36.1 or this section from hunting guides and outfitters which are not used for the administration of this chapter.

Source: S.L. 2003, ch. 202, § 8; 2015, ch. 178, § 1, effective August 1, 2015.

20.1-03-37. Guides and outfitters license qualifications.

  1. An individual who is eighteen years of age or more may apply for a guide or outfitter license.
  2. An applicant for a hunting guide license and an outfitter acting as a guide shall provide the director proof that the individual is certified in adult cardiopulmonary resuscitation or its equivalent and in standard or first aid or its equivalent.
  3. An applicant for a hunting outfitter or fishing outfitter license shall provide to the director proof that the individual and the individual’s business operation are covered by general liability insurance against loss or expense due to accident or injury from outfitting services, at a minimum of one hundred thousand dollars per individual and three hundred thousand dollars per accident.
  4. An individual must hold a hunting guide license for two years to be eligible to apply for a hunting outfitter license unless that individual provides proof to the department that the individual has been exempt under subsection 4 of section 20.1-03-36.1 and has been conducting outfitter or guide service as an exempt individual for at least two years.
  5. The director may not issue a license to an individual who has been convicted of a state or federal criminal game or fish violation in the last three years or whose license to hunt or fish is under suspension or revocation. As used in this chapter, “conviction” means a finding of guilt, a guilty plea, a plea of no contest, a plea of nolo contendere, a judgment of conviction even though the court suspended execution of a sentence in accordance with subsection 3 of section 12.1-32-02, or a deferred imposition of sentence in accordance with subsection 4 of section 12.1-32-02 or an equivalent statute. The term does not include a finding of guilt which is reversed on appeal.
  6. If an application is for a business association, the applicant must be an agent of the association to be held personally responsible for the conduct of the licensed outfitter’s operations, in addition to the association, and the applicant must be actively and regularly employed in and responsible for the management, supervision, and operation of the outfitting business. The department may only issue an outfitter license to a business applicant if the applicant is qualified to conduct the business of outfitting. A corporation or association may qualify for an outfitter license if a majority of stock is owned by licensed outfitters in good standing or landowners who own agricultural land used for the outfitting business, or if a limited liability company, the majority membership interest is owned by licensed outfitters in good standing or by landowners who own agricultural land used for the outfitting business. If a business entity owns, is a leaseholder in land, or provides compensation for the use of land, and directly or indirectly receives remuneration from hunting on that land, the business entity must be licensed under this title unless exempt under subsection 4 of section 20.1-03-36.1. A business entity may not conduct business operations through a subsidiary, contractor, or an agent that would permit the business entity to avoid this chapter. This section does not authorize any act or transaction prohibited by any other law of this state.
  7. An applicant for a hunting guide or hunting outfitter license must have legally hunted in this state for part of each of any three years in a manner directly contributing to the individual’s experience and competency as a guide. The department may waive this requirement if the applicant proves that the applicant has legally hunted for parts of at least three years in other states and an outfitter employing that individual would suffer an undue hardship without that individual.

Source: S.L. 2001, ch. 220, § 2; 2003, ch. 202, § 9; 2005, ch. 221, § 3.

20.1-03-38. Licensing guides and outfitters by the department — Rules — Inspections.

  1. The director may license guides and outfitters and may adopt rules to regulate guides and outfitters. If the director requests a trade secret or proprietary information, the director shall request the information on a separate form, and that information is confidential and is not a public record subject to section 44-04-18 and section 6 of article XI of the Constitution of North Dakota. The director may release this information, however, if it is aggregated so as not to identify any guide, outfitter, or client. Before engaging in rulemaking activities with respect to guides and outfitters, the director shall appoint a committee composed of guides, outfitters, and interested individuals and shall consult with the committee when preparing rules.
  2. The director shall periodically inspect or cause to be inspected all outfitter businesses. All records, facilities, and equipment kept or used by the outfitter are open to inspection by the director or a game warden. Records may not be deceptive and must be kept in a manner and location that is readily accessible to the director or a game warden during normal business hours.
  3. The director shall perform a background search for criminal and game and fish violations on each applicant on initial application and on each renewal.
  4. The director may not issue a license to an individual to be a hunting guide or hunting outfitter unless the individual is proficient in the application of state and federal laws on the hunting of wild game. The director shall create and administer a written examination to test proficiency of hunting guides and outfitters in these laws. The director shall administer examinations at least twice a year; however, an examination may not be given within ninety days after the previous examination.

Source: S.L. 2003, ch. 202, § 10; 2005, ch. 221, § 4.

20.1-03-39. Guides and outfitters restrictions.

  1. The license of a guide or outfitter may be denied, revoked, or suspended, or placed on probation by the director if:
    1. The licensee, while carrying out the business of guiding or outfitting, engages in conduct detrimental to the image and professional integrity of the guiding and outfitting industry;
    2. The licensee willfully and substantially misrepresented that person’s facilities, prices, equipment, services, or hunting or fishing opportunities as a guide or outfitter;
    3. The licensee has been convicted of an offense not listed in this section which is determined by the director to have a direct bearing on the licensee’s ability to serve the public as a guide or outfitter;
    4. The licensee is addicted to the use of intoxicating liquors, narcotics, or stimulants to the extent the licensee’s performance of professional duties is affected;
    5. The licensee has become not qualified, or has violated any rule for the licensing of a guide or outfitter by the director;
    6. The licensee is convicted of violating state or federal criminal law pertaining to hunting, fishing, or trapping, or if the director finds by clear and convincing evidence that such a violation has occurred;
    7. The licensee provided guiding or outfitting services to a person that had not obtained the appropriate license for the species sought by that person; or
    8. A licensed outfitter utilized any unlicensed person to perform outfitter or guide services on behalf of the outfitter. This subsection applies to outfitters regardless of whether the person who performed the service is otherwise exempt under subsection 4 of section 20.1-03-36.1.
  2. For the purpose of administrative sanctions, an outfitter is liable if a guide violates a criminal provision of this chapter or a state or federal criminal law pertaining to hunting, fishing, or trapping while guiding on behalf of the outfitter. It is an affirmative defense if the outfitter reported the violation to the department or law enforcement when the outfitter discovered the violation or has not had more than two independent violations by a guide working on behalf of the outfitter in the previous three-year period and the outfitter did not aid in or attempt to conceal evidence of the violation. A guide is liable if a client violates a state or federal criminal law pertaining to hunting, fishing, or trapping if the guide knowingly aids in the violation or knows of the violation and the guide or client fail to report the violation to the department within a reasonable time.
  3. Notwithstanding chapters 45-11 and 47-25, another person may not use a name, business name, fictitious name, trade name, internet address, world wide web uniform resource identifier, place of business, or telephone number of an outfitter who has been convicted of a violation at least three years from the time of the conviction except on permission from the director after a determination by the director that the new business is significantly separate from the previous business and the new business does not employ, contract with, or receive assistance from any person who has been prohibited from guiding or outfitting.

Source: S.L. 2003, ch. 202, § 11; 2005, ch. 221, § 5.

20.1-03-40. Penalty.

Any person providing guide or outfitter services without a license, or while under suspension, revocation, or denial is guilty of a class A misdemeanor. The court must suspend an individual’s hunting, trapping, and fishing privileges for at least one year under section 20.1-01-26 if an individual provided guide or outfitter services without a license, or while under suspension, revocation, or denial, or guided on prohibited lands. Unless otherwise specified, other violations of this chapter are a class B misdemeanor. Each client guided is subject to separate and distinct offenses. In addition to this penalty, the director may initiate civil action in a court of competent jurisdiction as necessary to enforce this chapter or any rule adopted under this chapter, including an injunction to restrain a violation, without proof of actual damages sustained by any person. Any individual who commits for remuneration or compensation an act of fraud involving hunting or fishing or any individual who illegally takes or causes death to fish or wildlife for remuneration or compensation may be prosecuted for theft, fraud, or conspiracy under title 12.1 and is, upon conviction, liable for the higher amount between the actual compensation received or the value of the fish or wildlife illegally taken or killed.

Source: S.L. 2003, ch. 202, § 12; 2005, ch. 221, § 6.

Cross-References.

Classification of offenses; penalties, see N.D.C.C. § 12.1-32-01.

Notes to Decisions

Jurisdiction.

Where defendant, an enrolled member of the Turtle Mountain Indian Reservation, appealed his conviction for guiding or outfitting without a license, in violation of N.D.C.C. § 20.1-03-40, the district court had jurisdiction since he was charged with guiding or outfitting without a license on land that was outside the reservation. State v. Delorme, 2013 ND 123, 834 N.W.2d 300, 2013 N.D. LEXIS 127 (N.D. 2013).

20.1-03-41. Director’s powers for immediate suspension.

If the director determines by clear and convincing evidence that a substantial violation of state or federal criminal hunting, fishing, or trapping laws of this chapter by a guide or outfitter has occurred, the director may suspend, revoke, or deny a guide or outfitter license to the person violating the laws or provisions. In such a case, a hearing must be held within ten days of the director’s intended action and the person must be given notice of the hearing. The person may waive the hearing after having been notified of the person’s right to a hearing, in which case the action of the director takes effect upon signing the waiver. The director may serve notice of the hearing by publication if reasonable efforts to make personal service have failed.

Source: S.L. 2005, ch. 221, § 2.

20.1-03-42. Guiding on prohibited lands.

A person may not act as a hunting guide or hunting outfitter on land the person knows is owned by the state unless the appropriate state agency permits or authorizes the guiding or outfitting, on private land enrolled by the department for purposes of hunting, on land in which the department pays in lieu of taxes, on federal lands without being authorized or permitted as required by the appropriate federal agency, or on private lands posted against hunting or trespassing without first informing and obtaining permission from the landowner to conduct guiding or outfitting on the land. If the landowner did not grant the permission in writing, there is a presumption that the permission did not exist.

Source: S.L. 2005, ch. 221, § 2.

CHAPTER 20.1-04 Birds, Regulations

20.1-04-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 11; 1975, ch. 106, § 203.

Cross-References.

License required, see N.D.C.C. §§ 20.1-03-03, 20.1-03-07.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

Right of taking game an easement, see N.D.C.C. §§ 47-05-01, 47-05-02.

DECISIONS UNDER PRIOR LAW

Attempting to Kill Prairie Chickens.

Where a person went out with a loaded gun to shoot prairie chickens out of season, he had not attempted the killing of prairie chickens, although he had formed the purpose to shoot them, and had made preparations to accomplish such object. Cornwell v. Fraternal Accident Ass'n, 6 N.D. 201, 69 N.W. 191, 1896 N.D. LEXIS 19 (N.D. 1896).

Collateral References.

Closed season: applicability, to domesticated or captive game, of game laws relating to closed season and the like, 74 A.L.R.2d 974.

Entrapment with respect to violation of game laws, 75 A.L.R.2d 709.

Possession: validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

20.1-04-02. Game birds protected.

No person may hunt, take, kill, possess, convey, ship, or cause to be shipped, by common or private carrier, sell, or barter any game bird or any part thereof taken in this state, except as provided in this title.

Source: S.L. 1973, ch. 202, § 11.

Cross-References.

Game bird defined, see N.D.C.C. § 20.1-01-02.

20.1-04-02.1. Game bird parts — Decorative purposes.

Nothing in this title prohibits the use of any part of a legally taken game bird for decorative purposes or in the making of art works for private use or sale, except that any part of any legally taken migratory bird may not be sold or bartered except as provided under federal regulations.

Source: S.L. 1981, ch. 262, § 1.

20.1-04-03. Harmless wild birds protected — Imported songbirds as domestic pets may be possessed and sold.

No person, without a permit issued by the director, shall kill, catch, take, ship, cause to be shipped, purchase, offer, or expose for sale, sell, have in that person’s possession or under that person’s control, any harmless wild bird, or any part thereof, irrespective of whether the harmless wild bird was captured or killed in or out of this state. Imported songbirds used and to be used as domestic pets may be bought, sold, shipped, or possessed at any time.

Source: S.L. 1973, ch. 202, § 11; 1991, ch. 231, § 50.

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

No person, without a permit issued by the director, may take, have in that person’s possession or under that person’s control, or needlessly break up or destroy, or in any manner interfere with, the nest or the eggs of any kind of bird, the killing of which is prohibited.

Source: S.L. 1973, ch. 202, § 11; 1991, ch. 231, § 51.

20.1-04-05. Golden eagle, bald eagle protected. [Repealed]

Source: S.L. 1973, ch. 202, § 11; repealed by 2017, ch. 172, § 3, effective August 1, 2017.

20.1-04-06. Possession limit of game birds.

A person may not possess, control, ship, transport, or store, can, or otherwise preserve, more than the number authorized in the governor’s proclamation of any species of game bird mentioned in this chapter. However, properly tagged game birds legally taken out of state or taken on Indian land may be possessed, transported, or shipped in state.

Source: S.L. 1973, ch. 202, § 11; 2005, ch. 204, § 3.

Cross-References.

Governor’s proclamations and orders, see N.D.C.C. ch. 20.1-08.

20.1-04-07. Governor’s proclamation concerning the taking of wild turkeys — Youth spring wild turkey licenses — Spring wild turkey licenses.

  1. The governor by proclamation may provide for a season to take wild turkeys in the manner, number, places, and times deemed in the state’s best interests. The governor by proclamation may allow individuals who are first-time youth spring wild turkey hunters to receive one spring wild turkey license valid for the regular spring wild turkey season. To be eligible to receive a spring wild turkey license, an individual must be fifteen years of age or younger on the opening day of the spring wild turkey season and have never received a spring wild turkey license.
  2. The governor by proclamation shall make available to residents and nonresidents any licenses remaining after the resident fall drawing.

Source: S.L. 1973, ch. 202, § 11; 1981, ch. 263, § 1; 2005, ch. 222, § 4; 2007, ch. 221, § 1; 2007, ch. 222, § 1; 2015, ch. 180, § 1, effective August 1, 2015; 2017, ch. 176, § 2, effective April 18, 2017.

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

The director shall issue four spring wild turkey licenses and permits to hunt wild turkeys to individuals residing in North Dakota who are selected by a nonprofit organization as provided under section 20.1-05.1-01.

Source: S.L. 2017, ch. 176, § 3, effective April 18, 2017.

20.1-04-08. Red, yellow, or orange color to be displayed by hunters of wild turkeys — Exception. [Repealed]

Repealed by S.L. 1983, ch. 276, § 1.

20.1-04-09. Guns lawfully usable in pursuing or taking game birds — Penalty. [Repealed]

Repealed by S.L. 1991, ch. 246, § 1.

20.1-04-10. Shell-holding capacity of shotguns used in taking game birds restricted — Plugs authorized — Penalty. [Repealed]

Repealed by S.L. 1999, ch. 224, § 1.

20.1-04-11. Blinds, boats, and decoys lawfully usable in taking ducks and geese.

Wild ducks and geese may be taken:

  1. In the open or from a stationary natural or artificial blind or other place of concealment on land or water, except a sinkbox.
  2. From a floating craft, excluding a sinkbox, if such craft is beached, or fastened within or tied immediately alongside any type of fixed hunting blind, or from such craft resting at anchor if authorized by governor’s proclamation.
  3. With the aid of artificial decoys. The use, directly or indirectly, of live duck or goose decoys is not permitted.

A motorboat, sailboat, or other craft may be used to pick up dead or injured birds.

Source: S.L. 1973, ch. 202, § 11.

20.1-04-12. When gun dogs not to be trained or permitted to run loose — Exceptions — Penalty.

No person, classified as a professional trainer, between April first and July fourteenth of each year, both dates inclusive, may train or run any gun dog or allow any such dog to run loose. For purposes of this section, a professional trainer is any person who trains any breed of gun dog for remuneration which is the basis for the person’s livelihood. This section does not prohibit the running of gun dog field trials, nor does this section prohibit the training of an individual’s personal gun dog during that period provided that:

  1. Landowner permission is secured by the trainer;
  2. The trainer is present;
  3. No native game birds are killed or captured; and
  4. The training is not on a designated game management area or designated waterfowl production area.

Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 11; 1975, ch. 211, § 2; 1985, ch. 272, § 15.

Cross-References.

Unauthorized methods of taking, see N.D.C.C. § 20.1-01-05.

Notes to Decisions

When Retriever May Be Used.

The statute does not prohibit the use of a spaniel to retrieve a wounded or dead bird previously shot and located within a small area from which game birds have been flushed. State v. Canham, 52 N.D. 500, 203 N.W. 497, 1924 N.D. LEXIS 134 (N.D. 1924).

20.1-04-12.1. Gun dog activities — Permit required — Fee.

  1. The director shall issue a permit for the following gun dog activities:
    1. The training exercises of a resident or nonresident professional trainer;
    2. The training exercises of a nonresident amateur trainer who brings more than four gun dogs into the state; and
    3. Hosting field trials that use live wild birds.
  2. The application for the permit must be in a form prescribed by the director and must be accompanied by the appropriate fee.
  3. Upon the receipt of the completed application and fee the director shall issue a permit for a specified period of time and shall require the permitholder to submit an annual report.
  4. The fees for the permits are:
    1. For a resident professional gun dog trainer for training exercises or hosting field trials, ten dollars.
    2. For a nonresident professional gun dog trainer for training exercises or hosting field trials, one hundred dollars.
    3. For a permit to a nonresident amateur who brings more than four gun dogs into this state, twenty-five dollars.
  5. For purposes of this section, a professional trainer is a person who trains any breed of gun dog for remuneration that is the basis for that person’s livelihood.

Source: S.L. 1991, ch. 247, § 1; 2003, ch. 48, § 13.

20.1-04-12.2. Gun dog training area — Permit.

Notwithstanding section 20.1-04-12, a professional trainer may apply to and obtain from the department a permit designating a specific training area, not to exceed forty acres [16.19 hectares], as an exempt training area.

  1. In the exempt training area, a professional trainer may train or run any gun dog or allow the gun dog to run loose at any time.
  2. The fee for the permit may not exceed ten dollars per year.

Source: S.L. 2009, ch. 17, § 3.

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

Any person may kill any harmful wild bird in this state during daylight hours.

Source: S.L. 1973, ch. 202, § 11.

Cross-References.

Bounties on crows killed in this state, see N.D.C.C. ch. 4-16.

20.1-04-14. Use of propane exploders — Penalty.

Any propane exploder or similar noisemaking device designed to ward off blackbirds which is located within one hundred sixty rods [804.67 meters] of an inhabited dwelling may only be used during the period between sunrise and sunset. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1981, ch. 264, § 1; 1985, ch. 272, § 16.

20.1-04-15. Pheasant season — Opening.

The open or lawful season on pheasant and the open or lawful season on duck may not commence on the same weekend. Except as otherwise provided in this section for the opening of pheasant season for youth, the open or lawful season on pheasant may not open earlier than one-half hour before sunrise and the season may not commence earlier than the first Saturday of October nor later than October twelfth of any given year. The governor, in the governor’s proclamation, may provide a pheasant hunting season for youth.

Source: S.L. 2003, ch. 203, § 1; 2005, ch. 18, § 10; 2007, ch. 223, § 1; 2017, ch. 177, § 1, effective August 1, 2017.

CHAPTER 20.1-05 Big Game Animals, Regulations

20.1-05-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class A misdemeanor.

Source: S.L. 1973, ch. 202, § 12; 1975, ch. 106, § 204.

Cross-References.

License required, see N.D.C.C. §§ 20.1-03-03, 20.1-03-07.

Penalty for class A misdemeanor, see N.D.C.C. § 12.1-32-01.

Right of taking game an easement, see N.D.C.C. §§ 47-05-01, 47-05-02.

Collateral References.

Entrapment with respect to violation of game laws, 75 A.L.R.2d 709.

Possession: validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

Defense of person or property, right to kill game in, 93 A.L.R.2d 1366.

20.1-05-02. Big game animals protected.

Except as otherwise provided in section 20.1-02-28, a person may not hunt, harass, chase, pursue, take, attempt to take, possess, transport, ship, convey by common or private carrier, sell, barter, or exchange a big game animal except as provided in carrying out practices to alleviate depredations under the private land habitat and access improvement program and elsewhere in this title.

Source: S.L. 1973, ch. 202, § 12; 2011, ch. 173, § 6; 2015, ch. 176, § 3, effective August 1, 2015.

Cross-References.

Big game defined, see N.D.C.C. § 20.1-01-02.

Notes to Decisions

Intent.

The defendants’ intent is not relevant for purposes of criminal liability under this section. State v. Falconer, 426 N.W.2d 10, 1988 N.D. LEXIS 174 (N.D. 1988).

Strict Liability.

Because the offense of illegally possessing and transporting big game is not within N.D.C.C. tit. 12.1, and no level of culpability is specified, the offense is a strict liability offense; accordingly, the elements of the crime were complete when the defendants possessed and transported a dead deer without proper tag, irrespective of their intentions. State v. Falconer, 426 N.W.2d 10, 1988 N.D. LEXIS 174 (N.D. 1988).

Collateral References.

Validity, construction, and application of state wildlife possession laws, 50 A.L.R.5th 703.

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

Any district game warden may kill any unattended dog harassing or killing big game. No action for damages may be maintained against the person for the killing.

Source: S.L. 1979, ch. 307, § 1.

20.1-05-03. Season for taking and transporting big game — Bag limit.

A person having a big game hunting license as prescribed in this title may take, kill, and transport, during the open or lawful season, one big game animal in this state. The open or lawful season on deer and antelope begins at twelve noon central standard time and on elk, moose, and bighorn sheep begins one-half hour before sunrise on any designated Friday as established by gubernatorial proclamation in accordance with this title. This section does not prohibit the transportation, shipment, or possession within this state of properly tagged big game legally taken in other states or taken on Indian land.

Source: S.L. 1973, ch. 202, § 12; 1999, ch. 225, § 1; 2005, ch. 204, § 4.

Cross-References.

Governor’s proclamations and orders, see N.D.C.C. ch. 20.1-08.

20.1-05-04. Using certain animals and artificial lights in taking big game unlawful.

  1. While hunting, pursuing, killing, taking, or attempting to take, or to aid in the hunting or taking of, any big game animal, an individual may not:
    1. Use any animal except:
      1. Horses;
      2. Mules; or
      3. For the recovery of big game animals, dogs:
        1. The dog must be leashed and under the physical control of a handler at all times;
        2. The dog must be accompanied at all times by both a handler and the hunter responsible for the taking of the big game animal;
        3. Individuals involved in the recovery of the big game animal may not carry a firearm or archery equipment during the recovery;
        4. If a big game animal is found alive during the recovery, the dog and handler shall leave the immediate area; and
        5. Before the beginning of the recovery, the handler of the dog shall notify the district game warden of the involvement of the dog in the recovery of the big game animal and provide to the district game warden the contact information of all parties involved in the hunt and the location in which the big game animal was tracked.
    2. Use artificial light, including a spotlight or automobile or motorcycle headlight, except artificial light may be used in the recovery process of big game animals.
    3. Engage in the practice commonly known as shining for deer. An individual who shines an area commonly frequented by big game animals with artificial light, between the hours of sunset and sunrise, is in violation of this section. However, an individual may use an artificial light, night vision, thermal vision, or infrared light with a power source of not more than six volts in the area while hunting afoot to take coyote, fox, raccoon, or beaver.
  2. For purposes of this section, “recovery” means the time after a firearm or archery equipment is used in the taking of a big game animal until the expired animal is located.

Source: S.L. 1973, ch. 202, § 12; 1973, ch. 209, § 1; 1975, ch. 212, § 1; 1987, ch. 279, § 1; 2003, ch. 193, § 3; 2011, ch. 170, § 3; 2019, ch. 195, § 2, effective August 1, 2019; 2019, ch. 200, § 1, effective August 1, 2019.

Cross-References.

Hunting wildlife with artificial light prohibited, see N.D.C.C. § 20.1-01-08.

Unauthorized methods of taking, see N.D.C.C. § 20.1-01-05.

20.1-05-05. Prima facie proof of hunting or attempting to hunt big game animals unlawfully.

Proof that a person possessing a rifle, shotgun, trap, snare, artificial light, or other implement or equipment useful in the taking or hunting of big game animals was found, between sunset and sunrise, in and about territory where big game animals are frequently and usually found, is prima facie evidence that the person was hunting big game animals contrary to law.

Source: S.L. 1973, ch. 202, § 12.

Cross-References.

Possession or control of animals prima facie evidence of offense, see N.D.C.C. § 20.1-01-14.

Collateral References.

Validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

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

Every person, while hunting big game, shall wear a head covering and an outer garment above the waistline, both of daylight fluorescent orange color, totaling four hundred square inches [2580.64 square centimeters] or more of solid fluorescent orange color, and both to be worn conspicuously on the person. This section does not apply to any person hunting big game with bow and arrow during special bow hunting seasons. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 12; 1973, ch. 210, § 1; 1981, ch. 265, § 1; 1985, ch. 272, § 17; 1991, ch. 248, § 1.

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

Each person having a big game hunting license, immediately after killing a big game animal, shall affix to the animal’s carcass a locking seal bearing that person’s big game hunting license number. The director shall furnish the locking seal with each big game hunting license issued. The seal must be attached and sealed in a manner prescribed by the director.

Source: S.L. 1973, ch. 202, § 12; 1991, ch. 231, § 52.

20.1-05-08. Taking of big game by blind persons.

Any individual who is totally or partially blind and who holds a valid big game hunting license may be accompanied by and have a person designated on the license, who is otherwise qualified, to hunt big game for that individual except as provided by section 20.1-01-12.

Source: S.L. 1987, ch. 280, § 1.

CHAPTER 20.1-05.1 Special Allocation Hunting

20.1-05.1-01. Special allocation hunting license authorization.

  1. The director shall authorize issuance of the following annual special allocation hunting licenses:
    1. Four any deer licenses and six any white-tailed deer licenses per year to the injured military wildlife project of North Dakota for distribution. A license issued under this subsection is valid during the period of the deer bow season.
    2. One license per year to the national wild turkey federation to hunt wild turkeys in the spring in the manner, places, and times as the governor provides by proclamation. The national wild turkey federation shall hold a raffle for, or may auction to the highest bidder, whether resident or nonresident, the license to hunt wild turkeys. If an individual receives a wild turkey license through the raffle or auction, the individual is not eligible to receive a wild turkey license through the game and fish department that year. No more than ten percent of the gross proceeds of the raffle may be used to promote the raffle. Ten percent of the net proceeds of the raffle may be retained by the local, state, or national wild turkey federation entity conducting the raffle. All remaining net proceeds must be deposited in the national wild turkey federation superfund and used for wild turkey management and related projects in this state. The national wild turkey federation shall submit reports concerning the raffle as the director requires.
    3. Up to two licenses per year to the outdoor adventure foundation to hunt a turkey in the spring season. The foundation shall make authorized licenses available to sponsored qualified youths to hunt as the governor provides by proclamation. A qualified youth receiving a license under this section must comply with hunter education requirements and if under the age of eighteen must be accompanied by an adult twenty-one years of age or older. As used in this section, “qualified youth” means an individual who has cancer or a life-threatening illness, is of legal age to hunt a turkey, is under twenty-five years of age, is a resident, and is sponsored by the foundation. The foundation must provide the department supporting documentation demonstrating compliance with this section.
    4. One license per year to the midwest chapter of the wild sheep foundation to hunt bighorn sheep in the manner, places, and times as the governor provides by proclamation. The midwest chapter of the wild sheep foundation shall hold a raffle or auction under rules adopted by the director with residents and nonresidents eligible to participate. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this subsection. Ten percent of gross raffle proceeds may be retained by the midwest chapter of the wild sheep foundation and ninety percent of gross raffle proceeds must be remitted to the department. All auction proceeds must be remitted to the department. An individual who receives a license through the raffle or auction may not transfer the license.
    5. One license per year to the North American wildlife enforcement memorial museum and educational center to hunt moose in a manner, places, and times as the governor provides by proclamation. The North American wildlife enforcement memorial museum and educational center shall hold a raffle under rules adopted by the director with residents and nonresidents eligible to participate. The individual who receives the license from the raffle may not transfer the license. No more than ten percent of the gross proceeds of the raffle may be used to promote the raffle. The net proceeds distributed to the North American wildlife enforcement memorial museum and educational center must be used for construction and maintenance of the North American wildlife enforcement memorial museum and educational center located at the International Peace Garden. The North American wildlife enforcement memorial museum and educational center shall submit reports concerning the raffle as the director requires. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this subsection.
    6. One license per year to the rocky mountain elk foundation to hunt elk in a manner, places, and times as the governor provides by proclamation. The rocky mountain elk foundation shall hold a raffle under rules adopted by the director with residents and nonresidents eligible to participate. No more than ten percent of the gross proceeds of the raffle may be used to promote the raffle. The net proceeds distributed to the rocky mountain elk foundation must be used for elk management or other wildlife and conservation-related projects in North Dakota as described under rocky mountain elk foundation policies and objectives. The rocky mountain elk foundation shall submit reports concerning the raffle as the director requires. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this subsection.
    7. One license per year to the mule deer foundation to hunt mule deer in the manner, places, and times as the governor provides by proclamation. The mule deer foundation shall hold a raffle or auction under rules adopted by the director with residents and nonresidents eligible to participate. If an individual receives a mule deer license through the raffle or auction, the individual is not eligible to receive a mule deer license through the game and fish department that year. No more than ten percent of the gross proceeds of the raffle may be used to promote the raffle and all net proceeds of the raffle or auction must be used for mule deer management and related projects in North Dakota. The mule deer foundation shall submit reports concerning the raffle or auction as the director requires.
    8. One license per year to the North Dakota hunter educators association to hunt antelope in the manner, places, and times as the governor prescribes by proclamation. The North Dakota hunter educators association shall hold a raffle under rules adopted by the director. Only residents are eligible to participate. No more than ten percent of the gross proceeds of the raffle may be used to promote the raffle and all net proceeds of the raffle must be used for sponsoring mentored hunts for youth who may otherwise not have the means to go afield to hunt, establishing a statewide network of shooting locations for youth to become familiar with archery equipment and firearms under the supervision of a certified volunteer hunter education instructor, and purchasing advertising in news media during hunting season concerning firearms safety and hunting ethics and the promotion of safe and responsible hunting. If an individual receives an antelope license through the raffle, the individual is not eligible to apply for an antelope license through the game and fish department that year. The North Dakota hunter educators association shall submit reports concerning the raffle as the director requires.
    9. One any elk license, one any moose license, up to four any white-tailed deer licenses, up to three any deer licenses, and up to two antelope licenses to the outdoor adventure foundation. The foundation shall make one license available to each qualified youth to hunt the species of big game indicated on the license as provided in the governor’s proclamation. A license issued under this section is only valid during an open season for the species indicated as prescribed by the governor’s proclamation and for the year indicated on the license or tag. If a qualified youth is hunting on private land with written permission from the landowner and with a license issued under this section, the qualified youth may use any weapon that is legal in any season for the species being hunted. A qualified youth receiving a license under this section must comply with hunter education requirements and if under the age of eighteen must be accompanied by an adult twenty-one years of age or older. As used in this section, “qualified youth” means an individual who has been diagnosed with cancer or a life-threatening illness, is of legal age to hunt the species for which the license is valid, is under twenty-five years of age, is a resident, and is sponsored by the foundation. The foundation must provide the department supporting documentation demonstrating compliance with this section.
  2. An organization eligible to receive a license under this section shall provide an annual report on forms provided by the director. The annual report must include the name of the hunters, dates of the hunt, and the species harvested. If an organization fails to submit a complete report required under this subsection, the organization may not receive a license under this section until the organization submits the complete report. If the director determines by clear and convincing evidence that a criminal violation of a state hunting, fishing, or trapping law occurred during a hunt conducted with a license issued under this section, the director may not issue a license under this section for a period of one year to the organization that conducted the hunt. However, the director may issue a license under section 20.1-05.1 to the organization during the one-year period if the organization is otherwise eligible for the license.

Source: S.L. 2017, ch. 176, § 4, effective April 18, 2017; 2019, ch. 201, § 1, effective August 1, 2019.

20.1-05.1-02. Discretionary special allocation hunting license authorization.

  1. Subject to the restrictions under this section and in addition to the special allocation licenses authorized under section 20.1-05.1-01, if determined appropriate by the director based on the sustainability of the species population, the director may issue to eligible organizations the following annual special allocation hunting licenses:
    1. Not more than two elk licenses, but the total issued under this subdivision may not exceed two percent of the general lottery allocation of elk licenses for the season.
    2. Not more than two moose licenses, but the total issued under this subdivision may not exceed two percent of the general lottery allocation of moose licenses for the season.
    3. Not more than two antelope licenses, but the total issued under this subdivision may not exceed two percent of the general lottery allocation of antelope licenses for the previous season.
    4. Not more than ten white-tailed deer licenses.
  2. An eligible organization may apply annually to be considered for issuance of up to two special allocation hunting licenses under this section. Applications under this subsection must be filed at the times, in the manner, and containing the information required by rules adopted by the director. If more applications are filed than the number of licenses under this section available for that species for a season, the director shall determine by lottery which organizations will receive the available licenses.
  3. An eligible organization that obtains a license under this section and conducts a raffle or auction to determine the recipient of the license must conduct the raffle or auction in compliance with rules adopted by the director. An eligible organization that obtains a license under this section shall submit reports concerning a raffle or auction as the director requires. An individual may apply to receive an elk or moose license through a raffle or auction under this section as well as through the game and fish department general lottery. If an individual receives an elk or moose license under this section, the individual is not eligible to receive an elk or moose license through the game and fish department general lottery that year and may not obtain an elk or moose license under section 20.1-05.1-01 that year. If an individual receives an elk or moose license under section 20.1-05.1-01, the individual is not eligible to receive an elk or moose license under this section that year.
  4. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this section.
  5. For purposes of this section, “eligible organization” means an organization that:
    1. Is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code [26 U.S.C. 501(c)(3)] and provides with its application a copy of the letter from the internal revenue service to that effect.
    2. Is on file as a nonprofit corporation in good standing in the office of the secretary of state.
    3. Agrees in its application to contribute at least ten percent of the net proceeds of any raffle of a license under this section to a conservation-related project to be conducted in this state and approved by the director.
    4. Is not the recipient of a special allocation hunting license under section 20.1-05.1-01.

Source: S.L. 2017, ch. 176, § 4, effective April 18, 2017.

CHAPTER 20.1-06 Fish, Frog, and Turtle Regulations

20.1-06-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 13; 1975, ch. 106, § 205.

Cross-References.

License required, see N.D.C.C. §§ 20.1-03-03, 20.1-03-07.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

Private fish hatchery, license not required to fish in, see N.D.C.C. §§ 20.1-03-04, 20.1-03-08, 20.1-06-12.

Right of fishing an easement, see N.D.C.C. §§ 47-05-01, 47-05-02.

Collateral References.

Applicability of state fishing license laws or other public regulations to fishing in private lake or pond, 15 A.L.R.2d 754.

Right of public to fish in stream notwithstanding objection by riparian owner, 47 A.L.R.2d 381.

Right created by private grant or reservation to fish on another’s land, 49 A.L.R.2d 1395.

Validity of prohibition or regulation of fishing, to protect public water supply, 56 A.L.R.2d 790.

Rights of fishing in inland lakes, 57 A.L.R.2d 569, 590.

Injunction against repeated or continuing trespasses by fishing, 60 A.L.R.2d 310.

Entrapment with respect to violation of fishing laws, 75 A.L.R.2d 709.

Possession: validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

20.1-06-02. Fish protected — Penalty.

No person may take, attempt to take, catch, kill, or destroy any species of fish in this state except as provided in this title. Any person who takes into possession and kills or destroys any paddlefish or pallid sturgeon in violation of this title is guilty of a class C felony.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 249, § 1.

20.1-06-03. Legal size of fish.

No person may take, catch, kill, or have in the person’s possession or under the person’s control any fish smaller than that prescribed by the governor’s order and proclamation. Any person catching a fish under the legal size limit shall immediately return it to the water with as little harm as possible.

Source: S.L. 1973, ch. 202, § 13.

Cross-References.

Governor’s proclamations and orders, see N.D.C.C. ch. 20.1-08.

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

No person, except as provided in sections 20.1-06-05 and 20.1-06-06, may set, use, or have in that person’s possession, or transport other than by public carrier, any setnets, seines, setlines, or fishtraps. Violators are deemed to be in possession of a public nuisance, and the director, any bonded game warden, or any peace officer shall, without warrant or process, seize the items and hold them subject to the order of a court of competent jurisdiction.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 231, § 53.

Cross-References.

Confiscation, see N.D.C.C. ch. 20.1-10.

Nuisances, see N.D.C.C. tit. 42.

Notes to Decisions

Strict Liability Offense.

Because no mental state is required by this section and because section 20.1-01-02(30) specifically includes the concept of constructive possession within the meaning of possession for this crime, possession of illegal fishtraps under this section is a strict liability offense. State v. Brandner, 551 N.W.2d 284, 1996 N.D. LEXIS 175 (N.D. 1996).

20.1-06-05. Removing undesirable fish.

The director, any person authorized by the director, or anyone contracting with the director, may kill or take fish from waters of this state in any manner prescribed by the director when in the director’s judgment it is in the best interest of public fishing. All such fish must be disposed of at the director’s discretion. Money derived from the disposal must be deposited in the state treasury and credited to the game and fish fund. All money received and expended must be itemized, and written records thereof must be kept in the director’s office. Any person desiring to contract with the director to take such fish, as determined by the director, from the waters of this state, by means of not more than five hoop-nets or traps, not more than five setlines of ten hooks, or not more than one hundred feet [30.48 meters] of seine, must be awarded the contract upon payment of the appropriate fee. These contracts may not specify the disposition of the fish.

Source: S.L. 1973, ch. 202, § 13; 1989, ch. 116, § 3; 1991, ch. 231, § 54.

20.1-06-06. Illegal methods for taking fish.

No person except as provided in sections 20.1-06-04 and 20.1-06-05 may lay, set, or use any drug, poison, lime, medicated bait, fishberries, dynamite, or other lethal or injurious substance whatever; or lay, stretch, or place any tip-up snare, trap, set, or trotline, wire string, rope, or cable of any sort in any of the waters of this state for the purpose of catching, taking, killing, or destroying any fish. However, any person may take minnows by the use of a minnow trap or dip net not exceeding twenty-four inches [60.96 centimeters] in diameter or thirty-six inches [91.44 centimeters] in depth. Except as provided in this section, dip nets may only be used as an aid in landing fish which have been legally taken by hook and line. One minnow trap per licenseholder, other than those holding a bait vendor’s license, may be used for the purpose of taking bait minnows. Such trap may not be larger than specified in the governor’s proclamation and must be emptied at least once every forty-eight hours.

Source: S.L. 1973, ch. 202, § 13.

20.1-06-07. Fishhouses — Removal — Penalty.

  1. A person may erect, have, or maintain on the ice in any waters of this state a fishhouse, used or to be used while ice fishing, or a dark house, used or to be used for spearfishing. Fishhouse and dark house owners are subject to the rules the director may adopt governing the construction, maintenance, and use of these units. The outside of each unoccupied unit must have inscribed on it, in readily distinguishable characters at least three inches [7.62 centimeters] high, the registration number issued by the department for the fishhouse, or the owner’s name and address or telephone number. An unoccupied fishhouse or dark house left on the ice without a registration number, or an owner’s name and address or telephone number may be removed or destroyed by the department. The department may not issue a fishhouse registration number, unless the division of state radio has integrated game and fish department license information into the national law enforcement telecommunications system. Any person who violates this subsection is guilty of a class 2 noncriminal offense.
  2. Each unit must be removed from the ice by that date established by the governor’s proclamation. Failure to remove a unit is deemed an abandonment and the director may remove or destroy abandoned units.

Source: S.L. 1973, ch. 202, § 13; 1979, ch. 306, § 2; 1981, ch. 266, § 1; 1985, ch. 272, § 18; 1991, ch. 231, § 55; 1999, ch. 226, § 1; 2017, ch. 178, § 1, effective August 1, 2017.

20.1-06-08. Governor’s proclamation concerning spearfishing from dark houses.

The governor shall provide by proclamation for the taking of fish by spearing through the ice from dark houses. Spearfishing seasons, and the species that may be taken, must be by established methods provided for in the governor’s order or proclamation. A nonresident may spearfish in this state if the nonresident’s state of residence provides the same privilege for residents of this state. The fishing license provided for in chapter 20.1-03 includes the privilege of spearfishing.

Source: S.L. 1973, ch. 202, § 13; 1999, ch. 226, § 2; 2001, ch. 226, § 1.

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

No person, except as provided in section 20.1-06-05, may deposit any refuse or other matter which may prove harmful to fish or fish eggs, in waters wherein the state or federal government has deposited, or may deposit, fish, fish eggs, or fry, or in which fish naturally abound, except as municipalities are authorized to dispose of sewage.

Source: S.L. 1973, ch. 202, § 13.

Cross-References.

Deposit of refuse in vicinity of refuge, lake, river, park or recreation area prohibited, see N.D.C.C. § 20.1-01-25.

20.1-06-10. Commercial sales of fish.

No sale, barter, or trading of fish abounding in any waters of this state shall be legal except that:

  1. Persons authorized by section 20.1-06-05 may sell fish as directed by the director.
  2. Any person, firm, corporation, or limited liability company peddling fish may do so only after obtaining a license issued by the director upon payment of the required annual fee. The person, firm, corporation, or limited liability company shall keep a full and complete record of the source of fish as prescribed by the director.
  3. Any person, firm, corporation, or limited liability company operating a permanently located wholesale fish market, jobbing house, or other place for the wholesale marketing of fish, or a grocery store or retail fish market, may sell fish from its permanent location without obtaining a license, but must keep records of purchases.
  4. Any person operating a private fish hatchery may sell fish owned or raised for market or for stocking waters.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 231, § 56; 1993, ch. 54, § 106.

20.1-06-11. Fish legally taken out of state.

Fish abounding in the waters of this state, and legally caught out of state, may be possessed, transported, or shipped in state. Evidence they have been legally caught must accompany such fish. This does not apply to persons, firms, corporations, or limited liability companies that peddle such fish or sell them from a permanently located wholesale fish market, jobbing house, or other place for the wholesale marketing of fish, or a grocery store or retail fish market which may legally possess such fish by complying with section 20.1-06-10.

Source: S.L. 1973, ch. 202, § 13; 1993, ch. 54, § 106.

20.1-06-12. Regulations governing private fish hatcheries.

Any person operating a private fish hatchery is not subject to fishing seasons, limits, legal size restrictions, or other methods of taking fish as provided in any governor’s proclamation. The director may adopt rules governing the operation of private fish hatcheries. No license is required of any person for taking fish by angling at a licensed private fish hatchery operated in accordance with the rules of the director. The hatchery operator shall furnish to each person taking fish a written certificate in the form the director prescribes, giving the number and description of the fish taken and other information as the director requires, whereupon the fish may be possessed, shipped, or transported within the state in like manner as fish taken by residents under a license. The director shall issue an annual license to operate the hatchery during a calendar year or a portion of a year upon application and payment of the appropriate fee by the owner or operator. The license may be suspended for noncompliance with the director’s regulations.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 231, § 57.

Cross-References.

Fishing license not required, see N.D.C.C. §§ 20.1-03-04, 20.1-03-08.

Private fish hatchery defined, see N.D.C.C. § 20.1-01-02.

20.1-06-13. Property rights — Fish wild by nature.

Any person, firm, corporation, or limited liability company raising and owning any lawfully possessed fish, wild by nature, has the same property rights therein as enjoyed by owners of domestic fish. They are, however, subject to all rules adopted by the director regarding the introduction and release into the state of the fish, as provided in subsection 13 of section 20.1-02-05.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 231, § 58; 1993, ch. 54, § 106; 2005, ch. 207, § 6.

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

The director shall adopt rules to control and supervise the operations of minnow or other live bait wholesalers and retailers. The director shall issue a license to each wholesaler when the wholesaler has complied with the director’s rules and has paid the appropriate annual license fee. The director also shall issue a license to each retailer when the retailer has complied with the director’s rules and has paid the appropriate license fee. A person may not take, possess, purchase, transport, or sell minnows or other live bait at wholesale or retail without first obtaining the appropriate license. The director may require each retailer or wholesaler to submit reports as the director may determine necessary. Licenses for wholesalers issued under this section authorize the following:

  1. The annual resident license to sell minnows or other live bait at wholesale entitles the licensee to ten tags to mark bait-trapping equipment. A tag must be affixed to each trap used by the licensee. Upon request, the director shall issue additional tags to a licensee at a cost of five dollars per tag. A licensee may not import or export bait without first obtaining a permit from the director.
  2. The annual class B nonresident license to sell minnows or other live bait at wholesale entitles a nonresident to import or export bait. A nonresident holding an annual class B nonresident license to sell minnows or other live bait at wholesale may not trap bait.
  3. The annual class A nonresident license to sell minnows or other live bait at wholesale entitles the licensee to ten tags to mark bait-trapping equipment. A tag must be affixed to each trap used by the licensee. Upon request, the director shall issue additional tags to a licensee at a cost of five dollars per tag. The annual class A nonresident license to sell minnows or other live bait at wholesale entitles the licensee to trap in state waters with the permission of the director and permits the import and export of approved bait with the permission of the director. A nonresident may hold a class A license under this section if the nonresident’s state of residence provides the same privilege for residents of North Dakota.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 231, § 59; 2005, ch. 223, § 1; 2005, ch. 224, § 3.

20.1-06-15. Fishways at dams.

Any person owning, erecting, managing, or controlling any dam or other obstruction across any river, creek, or stream within or forming the boundary of this state, at the director’s direction, shall construct and keep in good repair, a durable and efficient fishway in the manner, shape, and size as the director may direct. Upon failure to construct or maintain the fishway, after giving the person ten days’ notice, the director may construct or repair the fishway and recover the costs from the person owning, erecting, managing, or controlling the dam or obstruction. No person may construct any fishway without the approval of the director.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 231, § 60.

Cross-References.

As to provisions permitting municipalities to construct dams across the Red River of the North but requiring fishways to be constructed in connection therewith, see N.D.C.C. § 61-15-10.

20.1-06-16. Turtles not to be taken without permit or contract from director.

No person may engage in the commercial taking, trapping, or hooking of turtles without obtaining a permit from the director, who may issue the permits at the director’s discretion. The director shall designate the form of the permits, the areas or waters in which the permits are valid, and any other restrictions.

The director shall have authority to contract with any person to remove turtles from any waters or areas of this state. Moneys derived from the sale of turtle permits or turtle removal contracts must be credited to the game and fish fund in the same manner as income from sale of fishing licenses.

Source: S.L. 1973, ch. 202, § 13; 1991, ch. 231, § 61.

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

No person may engage in the taking of frogs for sale for human consumption or scientific purposes without obtaining a frog license from the director. No person may buy, job, take on consignment, or ship frogs without obtaining the appropriate resident or nonresident commercial frog license. The director shall designate the form of the licenses, the areas in which the license is valid, and any other restrictions. The director shall issue rules relating to the manner of taking, shipping, buying, or selling and may require reports from each licensee at the time and containing information as deemed necessary. Except as provided in subsection 3 of section 20.1-03-04.1, it is unlawful to take frogs on private land without written permission of the owner or operator of the land.

Source: S.L. 1973, ch. 202, § 13; 1979, ch. 302, § 4; 1991, ch. 231, § 62.

CHAPTER 20.1-07 Fur-Bearing Animals, Regulations

20.1-07-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 14; 1975, ch. 106, § 206.

Cross-References.

Buying or shipping green furs, license required, see N.D.C.C. § 20.1-03-22.

License to hunt and trap required, see N.D.C.C. §§ 20.1-03-03, 20.1-03-07.

Right of taking game an easement, see N.D.C.C. §§ 47-05-01, 47-05-02.

Collateral References.

Closed season: applicability to domesticated or captive game, of game laws relating to closed season and the like, 74 A.L.R.2d 974.

Entrapment with respect to violation of game laws, 75 A.L.R.2d 709.

Possession: validity, construction, and effect of statutes making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093, 1096.

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

Any person, firm, corporation, or limited liability company raising and owning any protected fur-bearing animal, or in possession of the pelt of any wild animal lawfully obtained, has the same property rights therein as enjoyed by owners of domestic animals. They are, however, subject to all rules adopted by the director in regard to the introduction and release into the state of the animals, as provided in subsection 13 of section 20.1-02-05.

Source: S.L. 1973, ch. 202, § 14; 1991, ch. 231, § 63; 1993, ch. 54, § 106; 2005, ch. 207, § 7.

Cross-References.

Fur-bearers defined, see N.D.C.C. § 20.1-01-02.

When animals, wild by nature, are the subject of ownership, see N.D.C.C. § 47-01-08.

20.1-07-03. Fur-bearing animals which are protected not to be taken or disturbed during closed seasons.

No person may hunt, shoot, trap, or take, in this state, any fur-bearer, except during the open or lawful season thereon as established under section 20.1-07-04 or 20.1-08-02.

Source: S.L. 1973, ch. 202, § 14; 1981, ch. 251, § 2.

Cross-References.

Governor’s proclamations and orders, see N.D.C.C. ch. 20.1-08.

Notes to Decisions

Pelts Taken Out of Season.

Pelts of muskrats taken out of season are contraband, subject to seizure by the state. State v. Hastings, 77 N.D. 146, 41 N.W.2d 305, 1950 N.D. LEXIS 114 (N.D. 1950).

20.1-07-03.1. Use of snares for taking coyotes — Restrictions — Identification — Snare standards.

  1. The governor shall establish by proclamation an upland snaring season for the taking of coyotes.
  2. No person may set or lay any snare for the purpose of taking coyotes on land belonging to another private person without receiving written permission from that person.
  3. A person using a snare for the purpose of taking coyotes shall permanently affix with a metal or plastic tag the registration number issued by the department, or that person’s name, address, and telephone number to each snare being used.
  4. The director shall establish and publish in pamphlet form safety standards for snares used for the taking of coyotes, which will prevent the accidental holding of deer and other appropriate animals. These standards must be followed by any person using a snare pursuant to this section.

Source: S.L. 1985, ch. 271, § 2; 1991, ch. 231, § 64; 2017, ch. 178, § 2, effective August 1, 2017.

20.1-07-04. Depredating fur-bearing animals — Destruction and disposition.

A landowner or tenant or that person’s agent may catch or kill any wild fur-bearing animal that is committing depredations upon that person’s poultry, domestic animals, or crops, except a landowner or tenant or that person’s agent shall notify and obtain the approval of the director before catching or killing a black bear. A landowner or tenant or that person’s agent may not commercialize in, sell, or ship an animal or the pelt or any part of an animal caught or killed under this section if caught or killed during the closed season. A person catching or killing a black bear or mountain lion under this section shall report the capture or killing to the department within twenty-four hours and the entire animal must be turned over to the department.

Source: S.L. 1973, ch. 202, § 14; 1991, ch. 233, § 2; 1995, ch. 234, § 1; 2005, ch. 225, § 1.

Cross-References.

Dogs, wolves, and coyotes worrying livestock and poultry may be killed, see N.D.C.C. § 36-21-10.

Notes to Decisions

Application.

Trial court did not abuse its discretion by precluding evidence related to the defense of depredation at trial for unlawfully hunting, shooting, taking, and possessing big game (deer); the defense of depredation under N.D.C.C. § 20.1-07-04 applied to fur-bearing animals and deer were defined as big game animals under N.D.C.C. § 20.1-01-02(5). State v. Kleppe, 2011 ND 141, 800 N.W.2d 311, 2011 N.D. LEXIS 135 (N.D. 2011).

20.1-07-05. Manner of taking protected fur-bearing animals restricted — Destruction of property of others unlawful — Penalty.

It is unlawful to molest or destroy the natural burrow, den, or retreat of any protected fur-bearer or to damage or injure the property of another while taking or attempting to take that fur-bearer. The governor, at the advice of the director, may by proclamation determine the manner in which fur-bearing animals may be taken in accordance with this section. The director, by permit, may allow the taking of fur-bearing animals for wildlife management purposes. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 14; 1985, ch. 272, § 19; 1991, ch. 231, § 65; 1995, ch. 235, § 1.

Cross-References.

Taking raccoon with use of lights, see N.D.C.C. §§ 20.1-01-08, 20.1-01-09.

20.1-07-06. Unlawful possession of fur-bearers — Each violation is a distinct offense.

No person may unlawfully:

  1. Kill, take, attempt to take, possess, transport, accept for transportation, buy, sell, offer for sale, barter, or otherwise dispose of any fur-bearing animal or any part thereof.
  2. Take or attempt to take any fur-bearer outside a regularly prescribed season or without a license or as provided in section 20.1-07-04, or violate any of this chapter.

Each violation constitutes a distinct and separate offense.

Source: S.L. 1973, ch. 202, § 14.

CHAPTER 20.1-08 Governor’s Proclamations

20.1-08-01. Orders and proclamations have force of law — Penalty.

Any order or proclamation issued by the governor pursuant to this chapter has the force of law. Any person who violates a provision of such order or proclamation for which a noncriminal penalty is not provided for in the order or proclamation is guilty of a class B misdemeanor. The maximum noncriminal penalty that may be set in an order or proclamation is a fine of two hundred fifty dollars.

Source: S.L. 1973, ch. 202, § 15; 1975, ch. 106, § 207; 1985, ch. 272, § 20; 1985, ch. 276, § 2.

Notes to Decisions

Constitutionality.

Defendant did not have standing to argue the tagging requirement of the Governor’s deer hunting proclamation was unconstitutionally vague where defendant did not tag the deer before he transported it to his house or before he began cutting it up on his driveway; under the circumstances of the case, a reasonable person would know defendant’s conduct violated the tagging requirement. State v. Ness, 2009 ND 182, 774 N.W.2d 254, 2009 N.D. LEXIS 192 (N.D. 2009).

Sufficient Evidence.

Sufficient evidence existed to convict defendant where there was evidence that defendant killed a white-tailed doe, transported the deer back to his home, and began sawing the legs off the deer before tagging it. State v. Ness, 2009 ND 182, 774 N.W.2d 254, 2009 N.D. LEXIS 192 (N.D. 2009).

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

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

  1. That any species of wildlife for which an open season is provided, are in danger of depletion or extinction, or when necessary for proper protection during the propagating period, the governor may, by order, provide protection for that species additional to that provided by law.
  2. That any species of wildlife have become sufficient in numbers to warrant an open season, or to be detrimental, or a nuisance to the farmers of the state, the governor may, by order, declare an open season thereon, or may extend the open season provided by law.
  3. That any species of fur-bearing animals have become sufficient in numbers to warrant an open season or have become a menace to other species of wildlife in the state, the governor may, by order, declare an open season thereon, or may extend the open season provided by law.
  4. That due to climatic conditions a hunting season may create a fire hazard, the governor may, by order, close or postpone, and reopen, any hunting season in areas where these conditions exist, upon reasonable notice through the media. The emergency closing or postponement and reopening can be accomplished without complying with section 20.1-08-05.

Source: S.L. 1973, ch. 202, § 15; 1991, ch. 231, § 66; 1991, ch. 232, § 8.

20.1-08-03. Limitations on governor’s powers.

The governor may not establish bag limits on upland game birds which exceed fifteen birds in the aggregate.

Source: S.L. 1973, ch. 202, § 15.

Cross-References.

Governor’s authority not limited by game and fish advisory board’s recommendations, see N.D.C.C. § 20.1-02-25.

20.1-08-04. Contents of governor’s order or proclamation relating to the taking of big game, small game, fish, and fur-bearers — Special permits.

  1. A gubernatorial order or proclamation under this chapter must prescribe, as to each species of wildlife named therein, the following:
    1. In what manner they may be taken.
    2. In what numbers they may be taken and possessed and may limit the numbers by sex.
    3. In what places they may be taken.
    4. At what times they may be taken and possessed.
  2. The governor in the governor’s proclamation or order may determine the number of resident and nonresident big game licenses to be issued for the taking of each species, age, or sex. When a limited number of big game licenses or special permits are to be issued, the governor shall by order or proclamation declare the manner of issuance of the licenses and permits. The governor may by proclamation or order determine the time period for which a recipient of a big game license or special permit obtained by lottery is ineligible to apply for the same type of license or special permit.
  3. In addition to the regular big game hunting licenses, the governor, by order or proclamation, may authorize the issuance of special permits to hunt big game in certain restricted areas. When acting pursuant to this subsection, the governor shall designate in the proclamation:
    1. The species of big game which can be hunted.
    2. The boundaries of the restricted area.
    3. The number of special permits to be issued.
    4. The procedure to determine which applicants should receive the special permits.
    5. The manner and times in which the big game may be taken.
  4. The governor in the governor’s order or proclamation may determine the number of resident and nonresident paddlefish snagging tags to be issued for the taking of paddlefish. If a limited number of paddlefish tags are to be issued, the governor shall by order or proclamation declare the manner of issuance of the tag. The governor may by order or proclamation determine the time period for which a recipient of a paddlefish tag obtained by lottery is ineligible to apply for the same type of tag.

Special permits issued under this subsection shall be issued in strict compliance with the governor’s proclamation.

Source: S.L. 1973, ch. 202, § 15; 1975, ch. 209, § 3; 1991, ch. 232, § 9; 1991, ch. 251, § 1; 2013, ch. 199, § 1.

DECISIONS UNDER PRIOR LAW

Predecessor Section.

Predecessor section was not unconstitutional as making arbitrary classifications or as being indefinite. State v. Miller, 129 N.W.2d 356, 1964 N.D. LEXIS 111 (N.D. 1964).

Law Reviews.

Constitutional Law — Commerce Clause and Privileges and Immunities Clause: Eighth Circuit Court of Appeals Upholds North Dakota’s Nonresident Hunting Regulations, Reaffirming States’ Rights to Regulate Wildlife Resources Within Their Borders, 83 N.D. L. Rev. 1029 (2007).

20.1-08-04.1. Governor’s proclamation concerning the hunting of bighorn sheep — Certain license recipients not eligible to apply again.

The governor may by proclamation provide for a season to hunt bighorn sheep in the manner, number, places, and times as the governor prescribes. Licenses to hunt bighorn sheep must be issued by lottery, except special allocation licenses issued under subsection 1 of section 20.1-05.1-01. Upon payment of the nonrefundable application fee required by section 20.1-03-12.2, a nonresident may participate in the state lottery. One license to hunt bighorn sheep may be issued to a nonresident participating in the state lottery. If a nonresident is issued a license to hunt bighorn sheep, no other nonresident may be issued a license to hunt bighorn sheep through the state lottery. If all of the licenses to hunt bighorn sheep made available through the state lottery are issued to residents, then a nonresident is not eligible to be issued a license to hunt bighorn sheep through the state lottery. Individuals who receive a license through the raffle or auction may not transfer the license. Individuals may participate in the state lottery and the raffle or auction under subsection 4 of section 20.1-05.1-01, but an individual may not receive more than one license in any one year. An individual may only receive one license to hunt bighorn sheep through the state lottery in a lifetime. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this section.

Source: S.L. 1977, ch. 210, § 1; 1985, ch. 277, § 2; 1993, ch. 234, § 3; 2005, ch. 220, § 2; 2007, ch. 224, § 1; 2017, ch. 176, § 5, effective April 18, 2017.

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

The governor may by proclamation provide for a season to hunt moose in a manner, number, places, and times as the governor prescribes. Licenses to hunt moose must be issued by lottery, except as provided under subsection 8 of section 20.1-03-11, with only residents eligible to apply. A person may only receive one license to hunt moose issued by lottery in a lifetime. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this section.

Source: S.L. 1977, ch. 211, § 1; 1993, ch. 233, § 4; 1993, ch. 235, § 1; 1997, ch. 218, § 1; 2003, ch. 204, § 2; 2005, ch. 220, § 3; 2015, ch. 180, § 2, effective August 1, 2015; 2017, ch. 176, § 6, effective April 18, 2017.

20.1-08-04.3. Governor’s proclamation concerning fishhouses.

The governor may by proclamation prescribe those areas where a fishhouse, used or to be used while ice fishing, or a dark house, used or to be used for spearfishing, is permitted. Such proclamation may set forth the dates during which fishhouses or dark houses may be used or that date by which fishhouses or dark houses must be removed from the ice.

Source: S.L. 1981, ch. 266, § 2.

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

The governor shall by proclamation provide for a season for resident underwater spearfishing for game fish in this state in a manner as the governor shall prescribe.

Source: S.L. 1985, ch. 279, § 1; 1987, ch. 281, § 1.

20.1-08-04.5. Governor’s proclamation concerning the hunting of deer with muzzleloading firearms.

The governor shall by proclamation provide for a muzzleloading firearm season following the regular deer hunting season to hunt deer with muzzleloading firearms in the manner, number, places, and times as the governor prescribes. Licenses to hunt deer with muzzleloading firearms must be issued by the director by lottery as prescribed by the director. The director shall issue two percent of the total white-tailed deer gun licenses available each year to hunters with muzzleloading firearms. Of the two percent, one-half of the licenses issued may be for antlered white-tailed deer.

Source: S.L. 1987, ch. 282, § 1; 1989, ch. 288, § 1; 1991, ch. 231, § 67; 1995, ch. 236, § 1; 1997, ch. 219, § 1; 1999, ch. 227, § 1; 2001, ch. 227, § 1.

20.1-08-04.6. Governor’s proclamation concerning the hunting of elk — Special elk depredation management licenses.

The governor may by proclamation provide for a season to hunt elk in a manner, number, places, and times as the governor prescribes. Licenses to hunt elk must be issued by lottery, except as provided under subsection 7 of section 20.1-03-11, with only residents eligible to apply.

An owner of farmed elk who is experiencing elk depredation problems may contact the director. Upon investigation, the director may issue special elk depredation management licenses. The governor by proclamation shall establish a procedure to issue elk depredation management licenses in a timely manner.

Except for landowners who receive a license under subsection 7 of section 20.1-03-11 and landowners who receive special elk depredation management licenses issued to landowners under subsection 7 of section 20.1-03-11, and persons who receive a special elk depredation management license issued by lottery under this section, a person may only receive one license to hunt elk issued by lottery in a lifetime. An individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not eligible to apply for or receive a license under this section.

Source: S.L. 1987, ch. 275, § 2; 1991, ch. 239, § 2; 1997, ch. 213, § 2; 1999, ch. 50, § 37; 2003, ch. 48, § 14; 2003, ch. 204, § 3; 2005, ch. 219, § 2; 2005, ch. 220, § 4; 2005, ch. 226 § 1; 2015, ch. 180, § 3, effective August 1, 2015; 2017, ch. 176, § 7, effective April 18, 2017.

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

Notwithstanding any other provision of law, the governor may provide by proclamation for the taking of any wildlife, whether protected or unprotected, determined by the governor to be a harmful predator, in a manner and number, at any place, and during any time, including after dark, as the governor prescribes.

Source: S.L. 1991, ch. 250, § 1.

20.1-08-04.8. Governor’s proclamation concerning the hunting of mule deer — Mule deer foundation raffle and auction. [Repealed]

Source: S.L. 2003, ch. 205, § 1; repealed by 2017, ch. 176, § 8, effective April 18, 2017.

20.1-08-04.9. Small game proclamation — Pheasants.

  1. Except as provided in subsection 2, the governor, in the governor’s proclamation, shall prohibit a nonresident from hunting for the first seven days of the pheasant season on land owned or private land enrolled by the department for the purposes of hunting or on land for which the department pays in lieu of tax payments.
  2. A nonresident with a valid hunting license may hunt during the first seven days of the pheasant season if:
    1. The nonresident is a participating landowner whose property is enrolled in this state’s private land open to sportsmen program; and
    2. The nonresident hunts on the nonresident’s property enrolled in the private land open to sportsmen program.

Source: S.L. 2003, ch. 203, § 2; 2021, ch. 186, § 1, effective August 1, 2021.

Law Reviews.

Constitutional Law — Commerce Clause and Privileges and Immunities Clause: Eighth Circuit Court of Appeals Upholds North Dakota’s Nonresident Hunting Regulations, Reaffirming States’ Rights to Regulate Wildlife Resources Within Their Borders, 83 N.D. L. Rev. 1029 (2007).

20.1-08-04.10. Governor’s proclamation concerning restrictions on cervidae carcass importation due to chronic wasting disease.

The governor, through proclamation or executive order, may restrict the importation and disposition of the carcass or carcass parts of any animal in the family cervidae taken from any areas within states or provinces that have documented cases of chronic wasting disease in wild populations or taken from captive hunt or farm facilities.

Source: S.L. 2003, ch. 206, § 1.

20.1-08-04.11. Governor’s executive order or proclamation declaring animal health emergency.

In accordance with chapter 37-17.1, the governor may declare an animal health emergency upon determining that the wildlife of this state are at risk from diseases imported by foreign animals, a foreign animal disease, bioterrorism event, or an emerging animal disease. Upon the declaration of an animal health emergency the governor, after consultation with the state veterinarian or state board of animal health, may order the sampling, destruction, and disposition of wildlife populations, as the governor deems necessary to abate the animal health emergency.

Source: S.L. 2003, ch. 206, § 2.

20.1-08-04.12. Governor’s proclamation concerning the hunting of antelope — North Dakota hunter educators association raffle. [Repealed]

Source: S.L. 2007, ch. 225, § 1; repealed by 2017, ch. 176, § 8, effective April 18, 2017.

20.1-08-04.13. Governor’s proclamation concerning once-in-a-lifetime big game hunts for youth with cancer or a life-threatening illness — Rules. [Repealed]

Source: S.L. 2007, ch. 226, § 2; 2015, ch. 180, § 4, effective August 1, 2015; repealed by 2017, ch. 176, § 8, effective April 18, 2017.

20.1-08-04.14. Governor’s proclamation concerning the hunting of elk — Annie’s house at Bottineau winter park raffle. [Expired]

History. S.L. 2015, ch. 51, § 3, effective July 1, 2015; expired by 2015, ch. 51, § 6, effective July 1, 2017.

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

Except as provided in subsection 4 of section 20.1-08-02, a summary of each order or proclamation issued by the governor pursuant to this chapter must be published once in the official newspaper of each county affected thereby. The summary must include a list of the species that may be harvested, the date that the season for each species opens and closes, the daily and possession limits for each species, any changes in regulations from the previous year, and any changes in units opened or closed to hunting or fishing from the previous year. The summary must also list the address and telephone number of the game and fish department and state that a copy of the complete legal proclamation may be obtained from the department. No order or proclamation becomes effective until after the department prints each complete proclamation or order and distributes a copy to each county auditor affected thereby.

Source: S.L. 1973, ch. 202, § 15; 1991, ch. 252, § 1.

CHAPTER 20.1-09 Propagation of Protected Birds and Animals

20.1-09-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 16; 1975, ch. 106, § 208.

Cross-References.

As to duty of commissioner to keep records of permits issued, see N.D.C.C. § 20.1-02-04.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

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

Permits to propagate, domesticate, or possess live protected birds or animals may be issued by the director to any North Dakota resident. These permits expire on December thirty-first of the year they are issued. One permit may cover several species of birds or animals, but a single permit may not cover both birds and animals. No person may possess any live protected animal or bird without first obtaining a permit from the director.

Source: S.L. 1973, ch. 202, § 16; 1983, ch. 277, § 1; 1991, ch. 231, § 68.

Cross-References.

As to duty of commissioner to keep records of permits issued, see N.D.C.C. § 20.1-02-04.

20.1-09-03. Contents of application for permit to propagate, domesticate, or possess live birds or animals.

An application for a permit to propagate, domesticate, or possess live protected birds or animals must be made upon forms furnished by the director, must be signed by the applicant, and must state:

  1. The name and address of the applicant.
  2. A description of the premises where the applicant will keep the birds or animals.
  3. The number and kind of birds or animals in the applicant’s possession at the time of application, and whether they are wild or domesticated.
  4. Any other information the director requires.

Source: S.L. 1973, ch. 202, § 16; 1983, ch. 277, § 2; 1991, ch. 231, § 69.

20.1-09-04. Reports to director by persons holding propagation permits — Contents of reports.

Every person holding a permit to propagate and domesticate protected birds or animals shall report to the director annually, on or before December thirty-first, any increase or decrease in the number of birds or animals held under the permit during the year in which the report is made.

Source: S.L. 1973, ch. 202, § 16; 1991, ch. 231, § 70.

20.1-09-05. Sale, collection, and transportation of birds, animals, and eggs held for propagation — Director’s consent necessary.

Protected birds or animals held for propagation and domestication under a permit may be sold or transported live for propagation purposes. Their eggs may be collected, sold, or transported during seasons the director prescribes. All collections, sales, and shipments must be with the director’s written permission. Protected birds or animals raised in North Dakota under a propagation permit may be disposed of, with the director’s written permission, at times the director may prescribe. The carcasses of these birds or animals may be disposed of as food when properly identified by a suitable tag or seal furnished by the director.

Source: S.L. 1973, ch. 202, § 16; 1991, ch. 71, § 231.

CHAPTER 20.1-10 Confiscation

20.1-10-01. Property unlawfully taken, transported, or used to be confiscated by certain game and fish officials — Procedure.

The director, deputy director, or any bonded game warden shall seize all wild birds, wild animals, or fish, or any part thereof, taken, killed, or possessed, or transported contrary to law, and shall seize all dogs, guns, seines, nets, boats, lights, automobiles, vehicles, instrumentalities, appliances, and devices unlawfully used, or held with intent to be unlawfully used, in pursuing, taking, or attempting to take, concealing, or disposing of wild birds, wild animals, or fish, or any part thereof. Property used or held with the intent to be used unlawfully in pursuing, taking, attempting to take, concealing, or disposing of wild birds, wild animals, or fish may not be confiscated when the violation is a noncriminal offense. All property seized must be held subject to the order of a court of competent jurisdiction. When property is confiscated, the confiscating officer shall bring the alleged offender before a court of competent jurisdiction for the purpose of determining disposition. However, if the court having nominal jurisdiction over the alleged wrongdoer determines that the value of the confiscated property exceeds the court’s jurisdictional limitations, the matter may, upon the motion of either party, be removed to district court for determination. If the alleged offender desires an attorney, a reasonable time must be given to secure counsel. If it is not feasible to bring the alleged offender immediately before the court, the property may not be seized or confiscated if the alleged offender gives a receipt to the officer assuring delivery before the court when the matter comes up. The receipt must contain the provisions of this section to advise the alleged offender of the law.

Source: S.L. 1973, ch. 202, § 17; 1977, ch. 212, § 1; 1985, ch. 272, § 21; 1991, ch. 231, § 72.

Cross-References.

Police powers of commissioner, deputy commissioner and bonded appointees, see N.D.C.C. § 20.1-02-15.

Search warrants, see N.D.C.C. ch. 29-29; N.D.R.Crim.P. 41.

Seizure of setnets, setlines, seines or fishtraps, see N.D.C.C. § 20.1-06-04.

Notes to Decisions

Confiscation of Pelts.

Muskrat pelts taken out of season are subject to seizure by the state. State v. Hastings, 77 N.D. 146, 41 N.W.2d 305, 1950 N.D. LEXIS 114 (N.D. 1950).

Confiscation of Property Used in Violation of Title.

Neither this section nor N.D.C.C. § 20.1-10-03 requires that an alleged offender be charged with a violation of N.D.C.C. tit. 20.1 as a prerequisite to the confiscation and sale of property used in violation of N.D.C.C. tit. 20.1. State v. Backer, 331 N.W.2d 4, 1983 N.D. LEXIS 241 (N.D. 1983).

A court-ordered “disposition” of a pickup truck confiscated pursuant to a prosecution for illegal possession and transportation of big game, without giving notice to the owner of the truck, was error. State v. Falconer, 426 N.W.2d 10, 1988 N.D. LEXIS 174 (N.D. 1988).

Jurisdiction.

The procedure provided for the confiscation and sale of a vehicle used in violation of N.D.C.C. tit. 20.1 is one in rem in which the vehicle is both the res and the defendant; the confiscation of the property, or the issuance of a receipt assuring delivery before the court, is the equivalent of process and gives a court having jurisdiction of an alleged offense against N.D.C.C. tit. 20.1 jurisdiction of the res. State v. Backer, 331 N.W.2d 4, 1983 N.D. LEXIS 241 (N.D. 1983).

Seizure of Weapons.

Rifle seized as contraband for use in violation of game laws cannot be recovered by claim and delivery action. Sahide v. Brynjelfson, 78 N.D. 531, 50 N.W.2d 500, 1951 N.D. LEXIS 109 (N.D. 1951).

Collateral References.

Forfeiture of property for unlawful use in violation of game laws, before trial of individual offender, 3 A.L.R.2d 738.

20.1-10-02. Wildlife packed or commingled with contraband must be confiscated.

If any wildlife, or parts thereof, is packed, stored, or contained in the same shipment, bag, or other receptacle or is otherwise commingled, and one or more has been taken in violation of this title, the entire contents must be confiscated.

Source: S.L. 1973, ch. 202, § 17; 1991, ch. 232, § 10.

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

A court having jurisdiction of an alleged offense against this title may order the disposition of all birds, animals, or fish, or any part thereof, or other property that has been confiscated. This order may be entered only after a hearing duly had upon proper notice to the owner and after due and proper finding by the court that the property:

  1. Was taken, killed, possessed, or being transported contrary to law by the person from whom it was seized.
  2. Was being used in violation of this title at the time it was seized.
  3. Had been used in violation of this title within six months previous to the time it was seized.

Source: S.L. 1973, ch. 202, § 17; 1987, ch. 283, § 1.

Notes to Decisions

Confiscation and Sale of Property.

Before a confiscated vehicle may be sold under this section, the owner must be given notice and an opportunity to be heard at a disposition hearing and the court must find that the confiscated property was used or possessed unlawfully. State v. Backer, 331 N.W.2d 4, 1983 N.D. LEXIS 241 (N.D. 1983).

Neither this section nor N.D.C.C. § 20.1-10-01 requires that an alleged offender be charged with a violation of title 20.1 as a prerequisite to the confiscation and sale of property used in violation of title 20.1. State v. Backer, 331 N.W.2d 4, 1983 N.D. LEXIS 241 (N.D. 1983).

A court-ordered “disposition” of a pickup truck confiscated pursuant to a prosecution for illegal possession and transportation of big game, without giving notice to the owner of the truck, was error. State v. Falconer, 426 N.W.2d 10, 1988 N.D. LEXIS 174 (N.D. 1988).

20.1-10-04. Who to sell confiscated property — Bills of sale — Disposition of proceeds of sale.

All confiscated property that a court has ordered to be disposed of by the director must be turned over to the North Dakota wildlife federation to be sold for the highest price obtainable. On any sale of animals, birds, or fish, or parts thereof, the seller shall issue to each purchaser a bill of sale on forms prepared and furnished by the director. The sale proceeds, after the expenses of the seizure and the sale are deducted, must be remitted to the North Dakota wildlife federation report all poachers fund. The remittance must be accompanied by a complete and certified report of the sale supported by proper vouchers covering all deductions made for expenses. This report must be filed for record with the director.

Source: S.L. 1973, ch. 202, § 17; 1987, ch. 283, § 2; 1991, ch. 231, § 73.

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

Perishable property confiscated pursuant to this chapter may be sold without a court order by the officer making the seizure for the highest price obtainable. The proceeds of such sale must be deposited in a court of competent jurisdiction to await disposition by the court.

Source: S.L. 1973, ch. 202, § 17.

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

Whenever any person makes a complaint to any judge having authority to issue warrants in criminal cases that the person knows or has good reason to believe that any wild animal, bird, or fish, or any part thereof, taken, killed, or possessed contrary to this title, is concealed in any particular house or place, or in the living quarters of any person, the judge shall examine such complainant on oath, reduce the complaint to writing, describing as particularly as possible the place where such wild animal, bird, or fish, or part thereof, is alleged to be concealed, and cause such written complaint to be subscribed by the complainant. If it appears to the judge there is reasonable cause to believe that the facts alleged in the complaint are true, the judge shall issue a warrant containing the substance of the complaint and the description of the premises. This warrant must require the officer to whom it is directed forthwith to search such premises; to seize any wild animal, bird, or fish, or part thereof, found on such premises; and to bring them and the person in whose possession they are found, before the judge who issued the warrant, or before some other judge having jurisdiction.

Source: S.L. 1973, ch. 202, § 17.

Cross-References.

Search warrants, see N.D.C.C. ch. 29-29; N.D.R.Crim.P. 41.

20.1-10-07. Property seized under warrant — Officer’s return to describe — Safekeeping — Disposal.

Any officer executing a warrant issued pursuant to section 20.1-10-06 shall, in the officer’s return, describe the property seized with as much particularity as possible. The seized property must be safely kept upon direction of the judge as long as necessary to use as evidence. If a conviction is obtained, either by trial or by plea of guilty, the seized property must be disposed of under an order of the court before whom the prosecution was brought.

Source: S.L. 1973, ch. 202, § 17.

CHAPTER 20.1-11 Game Refuges and Game Management Areas

20.1-11-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 18; 1975, ch. 106, § 209.

Cross-References.

Nature preserve system, see N.D.C.C. ch. 55-11.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

20.1-11-02. Game refuges on privately owned or leased lands — How established.

Any person owning, or having control by lease or otherwise, for the required time, of any lands within this state, may establish a state game refuge thereon by filing with the director a written application containing:

  1. The name of the owner or lessee of the lands described therein.
  2. The written consent of the owner, or, if the application is made by a lessee, the written consent of both the owner and the lessee, to the establishment of a state game refuge thereon.
  3. The time for which the refuge is to be established, which must be for five years or more from the date the application is filed with the director. The lease may be made renewable at the option of both parties and may be terminated at any time by mutual consent of both parties.
  4. The extent and legal description of the lands involved. The lands must be ten acres [4.05 hectares] or more, but cannot exceed six sections [1553.99 hectares] in any one township.
  5. A brief dedication of the lands to this state for the purpose of a state game refuge.
  6. A waiver by the owner, or, if the application is made by a lessee, by both the owner and lessee, of all rights of that person and members of that person’s family to hunt, shoot, trap, or kill any game bird or protected animal on the land during the life of the dedication of the lands to this state as a state game refuge.

After the application, in due form, has been filed with the director and has been accepted by the director, the lands described in the application constitute a state game refuge for the time set forth in the application.

Source: S.L. 1973, ch. 202, § 18; 1975, ch. 106, § 209; 1991, ch. 231, § 74.

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

The owner or owners, lessee or lessees, of land surrounding or adjoining any lake within this state, pursuant to section 20.1-11-02, may dedicate the lake to this state for a breeding, resting, and refuge place for migratory waterfowl.

Source: S.L. 1973, ch. 202, § 18.

20.1-11-04. Game refuges on public lands may be established by director — Duration of public land refuges.

The director may establish state game refuges on any unsold public lands of this state with the written consent of the entity responsible for the management of those lands. The refuge continues to exist until canceled by the director or the land management entity, or until the land on which it is located is sold to a private person.

Source: S.L. 1973, ch. 202, § 18; 1991, ch. 231, § 75; 2001, ch. 228, § 1.

Cross-References.

Exchange of lands in Roosevelt National Park, see N.D.C.C. § 54-01-13.1.

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

The director may establish game or fish management areas upon any state-owned lands for the use and benefit of the game and fish department with the written consent of the entity responsible for the management of any state-owned lands, or upon any publicly or privately owned land leased or given by license to the game and fish department for hunting and fishing purposes. These game or fish management areas may be opened for hunting, fishing, or trapping under chapter 20.1-08. The director may adopt rules concerning the use of game or fish management areas pursuant to chapter 28-32.

Source: S.L. 1973, ch. 202, § 18; 1991, ch. 231, § 76; 2001, ch. 228, § 2.

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

The director shall keep a record of all state game refuges established on privately owned or leased lands or on public lands. This record must list each state game refuge by the county in which it is located and, with reference to each refuge established on privately owned or leased lands, must show:

  1. The name of the person making the dedication.
  2. The period for which it is dedicated.
  3. The legal description of the land on which it is located.

The record is open to public inspection.

Source: S.L. 1973, ch. 202, § 18; 1991, ch. 231, § 77.

20.1-11-07. Game refuges, game management areas to be posted by director — Inscription on signs — Location.

The director shall post each state game refuge and game management area with sign boards bearing the words “state game refuge” or “state game management area”. These signs must be located at each corner of the refuge or management area and along the outer lines at intervals of approximately four hundred forty yards [402.34 meters].

Source: S.L. 1973, ch. 202, § 18; 1991, ch. 231, § 78.

20.1-11-08. Hunting and trapping within refuge prohibited — Exception in case of carnivorous birds or animals.

The owner or lessee of any lands or lake set aside as a state game refuge under this chapter may not hunt or carry firearms within the limits thereof, nor permit the members of that person’s family or other persons to do so. However, if that person has reason to believe there are carnivorous birds or animals within the refuge, or if that person finds any of the same thereon, that person may, with the director’s written permission, hunt, trap, and kill any carnivorous or unprotected birds and animals that prey upon protected game birds or animals found within the refuge.

Source: S.L. 1973, ch. 202, § 18; 1991, ch. 231, § 79.

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

The director, with the consent of the refuge owner or lessee, may designate any game warden or other person to destroy, subject to the regulations of the director, predatory birds or animals within any state game refuge.

Source: S.L. 1973, ch. 202, § 18; 1991, ch. 231, § 80.

20.1-11-10. Director to mark game farms, refuges, management areas, breeding and resting places — Destroying or defacing signs unlawful.

The director shall mark all game farms, state game refuges, game or fish management areas, breeding grounds, and resting places under the director’s protection. No person may mutilate, destroy, tear or pull down, or shoot at any designating mark or other special or general warning sign or card.

Source: S.L. 1973, ch. 202, § 18; 1991, ch. 231, § 81.

20.1-11-11. Landowner consent before posting.

Before the department posts private land as a waterfowl rest area, it shall obtain the consent, in writing, of those residents owning land to be posted.

Source: S.L. 1973, ch. 202, § 18.

20.1-11-12. Acquisition of school lands for wildlife restoration projects.

The board of university and school lands, for wildlife restoration projects, may transfer and convey to the department any state school land. A transfer and conveyance may not exceed six hundred forty acres [259 hectares] for any one project and must be made in exchange for other land of equal value owned by the state for the benefit and use of the department or acquired by the department for exchange purposes.

Source: S.L. 1973, ch. 202, § 18.

20.1-11-13. Hunting or trapping within refuge prohibited — Exception.

Except as provided in sections 20.1-11-05, 20.1-11-08, and 20.1-11-09, no person may:

  1. Hunt, shoot, trap, kill, wound, take, or capture any game bird or protected animal within the limits of any state or federal game refuge or state game management area.
  2. Drive any game bird or protected animal out of a state or federal game refuge or state game management area to kill or capture it.
  3. Be found within the limits of any state game refuge or state game management area in possession of a firearm.

Source: S.L. 1973, ch. 202, § 18.

20.1-11-14. Property abandoned on state game refuges, leased or managed real property, and state game or fish management areas.

The director may seize tangible property presumed abandoned on state game refuges, real property leased or managed by the game and fish department, and state game or fish management areas. After ninety days, the director may dispose of seized, unclaimed, tangible property presumed abandoned, or order it be turned over to the North Dakota wildlife federation to be sold for the highest price obtainable. The sale proceeds, after the expenses of the seizure and the sale are deducted, must be remitted to the North Dakota wildlife federation report all poachers fund. A report of the sale, supported by proper vouchers covering all deductions made for expenses, must be filed for the record with the director.

Source: S.L. 2017, ch. 179, § 1, effective March 13, 2017.

CHAPTER 20.1-12 Private Shooting Preserves

20.1-12-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 19; 1975, ch. 106, § 210.

Cross-References.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

Collateral References.

Right created by private grant to hunt or fish on another’s land, 49 A.L.R.2d 1395.

20.1-12-02. Operating permit for shooting preserve.

Any person who desires to establish a shooting preserve under this chapter may apply to the director for a shooting preserve operating permit. The application must be made by the applicant, the applicant’s agent, or the applicant’s attorney; must be in the form the director prescribes; and must be accompanied by the appropriate operating permit fee. Acreage [hectarage] amounts must include lands used for hatching, game production areas, or headquarters areas. Upon the receipt of the application, the director shall inspect the area described therein, including the facilities, and shall investigate the ability of the applicant to operate an area of this character, in accordance with section 20.1-12-03. The permit, if granted, must be issued for one year, and may be renewed annually by payment of the appropriate operating permit fee.

Source: S.L. 1973, ch. 202, § 19; 1987, ch. 284, § 1; 1991, ch. 231, § 82.

20.1-12-03. Prerequisites for the issuance of permits — Bonds.

Before issuing any permit under this chapter, the director shall determine that:

  1. The applicant is financially able to provide the necessary facilities and services to operate a shooting preserve.
  2. The applicant proposes to comply with this chapter.
  3. The operation of the preserve will not work a fraud upon persons permitted to hunt thereon.
  4. The operation of the preserve is not designed to circumvent game laws or rules.
  5. The issuance of the permit will be in the public interest.

Before any permit is issued to the applicant, that person must file a two thousand dollar bond to the state, executed by a surety company authorized to do business in the state, and conditioned that the applicant will comply with this chapter and the rules adopted by the director thereunder, and will pay any fine and costs upon conviction of the permittee for violation of this chapter and all reasonable costs arising from any hearing for revocation or suspension of the permit. The bond requirement of this section does not apply to any person who is both the record title owner and operator of a private shooting preserve.

Source: S.L. 1973, ch. 202, § 19; 1987, ch. 284, § 2; 1991, ch. 231, § 83.

20.1-12-04. Types of game that may be hunted on shooting preserve — Identification of game.

Game birds that may be stocked on a shooting preserve and hunted under this chapter must be artificially propagated pheasants, quail, partridges, turkeys, prairie chickens, and any other species allowed by the director. The director shall determine the minimum stock of each species to be hunted and released on the permit area during the shooting preserve season. All game birds propagated, possessed, or released on a shooting preserve must have one front toe or one hind toe on either foot removed back to the first joint, including the nail, before becoming six weeks of age. An antipecking device affixed to the bird before it is six weeks old and worn by the bird until it is at least fifteen weeks old is acceptable in lieu of toe clipping if the antipecking device leaves a permanent, easily identifiable mark through the nares.

Source: S.L. 1973, ch. 202, § 19; 1991, ch. 231, § 84; 2005, ch. 227, § 2.

20.1-12-05. Operation of shooting preserve — Season — Search of premises permitted.

Any guest of a shooting preserve operator may harvest any game bird within the defined limits of the shooting preserve, subject to this chapter. The shooting preserve operator may establish that person’s own restrictions on the age, sex, and number of each game bird that may be taken by each guest, and the fee to be paid by each guest. The exterior boundaries of each shooting preserve must be clearly defined with signs around the extremity at intervals of three hundred yards [274.32 meters] or less. Each shooting preserve operator and that person’s guest shall comply with and be subject to chapter 20.1-01. Shooting preserve operators may restrict or set the hours during which game birds may be hunted, subject to gubernatorial proclamation. The season for shooting preserves may be all or part of the nine-month period beginning August first and ending April thirtieth of the following year. All permits must be issued upon the express condition that the permittee agrees that any law enforcement officer or any representative of the director may enter and search the premises or any part thereof at any reasonable time to ensure compliance with state laws and the director’s rules.

Source: S.L. 1973, ch. 202, § 19; 1991, ch. 231, § 85; 1991, ch. 250, § 2; 1997, ch. 220, § 1; 2005, ch. 227, § 3.

20.1-12-06. Game birds to be tagged.

Each shooting preserve operator shall tag all game birds harvested by guests before the birds are consumed or removed from the shooting preserve premises. The director shall provide tags to shooting preserve operators, at nominal cost to them. Once affixed, tags must remain attached until the game birds are prepared for consumption. If a wild upland bird of the same species hunted on the shooting preserve is taken accidentally by a client out of the regular hunting season proclaimed by the governor, or is taken by a client not in possession of a proper small game license, the client may keep the bird. At no time following release may a shooting preserve operator allow the number of wild and released birds harvested to exceed one hundred percent of the number of birds that have been released. All birds must be healthy when released. The total percent of harvested wild birds kept by clients may not exceed twenty-five percent of the birds harvested during the season. Other than those wild birds allowed to be retained by a client, the shooting preserve operator shall deliver to the department all wild birds harvested.

Source: S.L. 1973, ch. 202, § 19; 1991, ch. 231, § 86; 1997, ch. 220, § 2; 2005, ch. 227, § 4.

20.1-12-06.1. Game birds harvested. [Repealed]

Repealed by S.L. 1997, ch. 220, § 4.

20.1-12-07. Guest register and records to be maintained.

Each shooting preserve operator shall maintain a guest register listing the guest’s name and address, the date on which the guest hunted, and the number of game birds and species taken, with wild birds and operator-released birds listed separately. A record must also be maintained by each shooting preserve operator of the source of game released in the operator’s preserve, the date of release, and the number and kind of game bird or species released. The records required by this section must be open for inspection by the director, the director’s representative, or any law enforcement officer at any reasonable time.

Source: S.L. 1973, ch. 202, § 19; 1991, ch. 231, § 87; 1997, ch. 220, § 3.

20.1-12-08. Rules to be adopted by the director.

The director shall adopt rules reasonably necessary to implement this chapter.

Source: S.L. 1973, ch. 202, § 19; 1991, ch. 231, § 88.

Cross-References.

Applicability of Administrative Agencies Practice Act, see N.D.C.C. § 20.1-12-10.

20.1-12-09. Revocation of permit.

The director, after due notice to the shooting preserve operator and a hearing thereon, may revoke or suspend the permit of any operator for any violation of this chapter or of the rules of the director.

Source: S.L. 1973, ch. 202, § 19; 1991, ch. 231, § 89.

20.1-12-10. Administrative Agencies Practice Act to apply.

The provisions of chapter 28-32 apply to this chapter.

Source: S.L. 1973, ch. 202, § 19.

CHAPTER 20.1-13 Boating Regulation

20.1-13-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1973, ch. 202, § 20; 1975, ch. 106, § 211.

Cross-References.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

20.1-13-02. Operation of unnumbered and unlicensed motorboats prohibited — Penalty.

Every motorboat propelled by a motor on the waters of this state must be numbered and licensed as prescribed in this chapter. No person may operate or give permission for the operation of any motorboat on such waters unless the motorboat is numbered and licensed in accordance with this chapter, with applicable federal law, or with a federally approved numbering system of another state, and unless:

  1. The certificate of number awarded to such motorboat is in full force and effect.
  2. The identifying number set forth in the certificate of number is displayed on each side of the bow of such motorboat.

Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 20; 1975, ch. 214, § 11; 1981, ch. 267, § 1; 1985, ch. 272, § 22.

20.1-13-02.1. Operation of motorboat without payment of aquatic nuisance species fee prohibited — Penalty.

  1. For each motorboat operated on waters of this state, an aquatic nuisance species fee must be paid.
    1. For each motorboat licensed in this state, the fee is due at the time of motorboat licensure.
    2. For each motorboat operated on waters of this state and exempt from licensure in this state, the owner shall pay the fee and, after payment of the fee, must be issued an aquatic nuisance species sticker from the department. The sticker must be attached to the motorboat in a manner prescribed by the department so the sticker is clearly visible.
  2. Fees collected under this section must be deposited with the state treasurer and credited to the aquatic nuisance species program fund.
  3. A person that violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 2019, ch. 198, § 5, effective July 1, 2019.

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

  1. The owner of each motorboat shall file an application for number and license with the department on forms approved by it. The application must be signed by the owner of the motorboat and must be accompanied by the appropriate fee. Upon receipt of the application in approved form, the department shall enter the same upon the records of its office and issue the applicant a certificate of number and license stating the number awarded to the motorboat and the name and address of the owner. When an identification number has previously been issued by the department, the same application procedure and fee apply for the issuance of a current license. The department shall pay all funds collected hereunder to the state treasurer who shall credit such funds to the state game and fish fund to pay for the costs of administering this chapter. The owner shall attach to each side of the bow of the motorboat the identification number and current license of such type and in such manner as may be prescribed by rules of the department in order that they may be clearly visible. The number and license must be maintained in legible condition. The certificate of number must be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.
  2. The owner of any motorboat already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state may operate the motorboat on the waters of this state for the ninety-day reciprocity period provided for in section 20.1-13-06. After the ninety-day reciprocity period has expired, such motorboats are subject to the numbering and licensing provisions of subsection 1.
  3. Should the ownership of a motorboat change, a new application form, with the license fee prorated on a yearly basis, must be filed with the department and a new certificate of number and license must be awarded in the same manner as provided for in an original award of number and license.
  4. In the event that an agency of the United States government has in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to this chapter by the department must be in conformity therewith.
  5. The department may award any certificate of number or license directly or may authorize any person to act as agent for the awarding thereof. In the event that a person accepts such authorization, that person may be assigned a block of numbers, certificates, and licenses which upon award, in conformity with this chapter and with any rules of the department, are valid as if awarded directly by the department.
  6. All records of the department made or kept pursuant to this section are public records.
  7. Every certificate of number and license awarded pursuant to this chapter continues in full force and effect for a period of three years unless sooner terminated or discontinued in accordance with this chapter. Certificates of number and licenses may be renewed by the owner in the same manner provided for in the initial securing of the same.
  8. The department shall fix a day and month on which certificates of number and licenses due to expire during the calendar year lapse and are no longer of any force and effect unless renewed pursuant to this chapter.
  9. The owner shall furnish the department notice of the transfer of all or any part of the owner’s interest other than the creation of a security interest in a motorboat numbered and licensed in this state pursuant to subsections 1 and 2, of the theft or recovery of such motorboat, or of the destruction or abandonment of such motorboat, within fifteen days thereof. Such transfer, destruction, or abandonment terminates the certificate of number and license for such motorboat except that, in the case of a transfer of a part interest which does not affect the owner’s right to operate such motorboat, such transfer does not terminate the certificate of number and license.
  10. Any holder of a certificate of number and license shall notify the department within fifteen days if the holder’s address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the department with the holder’s new address. The department may provide in its rules for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.
  11. No number other than the number and license awarded to a motorboat or granted reciprocity pursuant to this chapter may be painted, attached, or otherwise displayed on either side of the bow of such motorboat.
  12. The certificate of number for vessels less than twenty-six feet [7.92 meters] in length and leased or rented to another for the latter’s noncommercial use of less than twenty-four hours may be retained on shore by the vessel’s owner or owner’s representative at the place from which the vessel departs or returns to the possession of the owner or owner’s representative. A vessel which does not have the certificate of number on board must be identified while in use and comply with such other requirements as the department prescribes.
  13. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 20; 1975, ch. 214, §§ 12 to 14; 1981, ch. 267, § 2; 1985, ch. 272, § 23.

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

No outboard motor manufactured after January 1, 1980, may be sold or offered for commercial sale by a dealer in this state unless the motor has permanently engraved thereon by the manufacturer an identifying serial number. The serial mark must be of a permanent nature so as to prevent or discourage the removal, defacing, alteration, or destruction thereof. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1979, ch. 308, § 2; 1985, ch. 272, § 24.

20.1-13-03.2. Outboard motor — Serial number removed — Penalty.

No person may possess, repair, or sell an outboard motor, acquired after January 1, 1980, from which the serial number has been removed. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1979, ch. 308, § 1; 1985, ch. 272, § 25.

20.1-13-04. Rules — Licensing watercraft for hire — Annual inspection — Penalty. [Repealed]

Source: S.L. 1973, ch. 202, § 20; 1981, ch. 261, § 3; 1985, ch. 272, § 26; 1991, ch. 231, § 90; repealed by 2017, ch. 174, § 2, effective April 12, 2017.

20.1-13-05. Equipment — Penalty.

  1. Every vessel must have aboard:
    1. If equipped with a marine toilet or other similar device for the disposition of sewage or other wastes, only that type of marine toilet equipped with a treatment device meeting standards established by the department of environmental quality. The department of environmental quality shall furnish a list of the types of treatment devices currently available and considered acceptable for use with marine toilets under this subdivision. No person owning or operating a vessel upon the waters of this state may use, operate, or permit the use or operation of any marine toilet or similar device unless it is approved under this subdivision. No person may discharge into the waters of this state, directly or indirectly from a vessel, any untreated sewage or other wastes. No container of untreated sewage or other wastes may be placed, left, discharged, or caused to be placed, left, or discharged in or near any waters of this state from a vessel in such a manner or quantity as to create a nuisance or health hazard, or pollute such waters.
    2. Such additional equipment designed to promote the safety of navigation and of persons as the game and fish department may find appropriate and for which it has provided in its rules.
  2. No person may operate or give permission for the operation of a vessel that is not equipped as required by this section.
  3. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 20; 1975, ch. 214, § 16; 1981, ch. 267, § 4; 1985, ch. 272, § 27; 1997, ch. 521, § 1; 2017, ch. 199, § 10, effective April 29, 2019.

Collateral References.

Mufflers: public regulation requiring mufflers or similar noise-preventing devices on motor vehicles, aircraft, or boats, 49 A.L.R.2d 1202.

20.1-13-06. Exemption from numbering provisions of this chapter.

A motorboat may not be required to be numbered under this chapter if it is:

  1. Already covered by a number, in full force and effect, awarded it pursuant to federal law or a federally approved numbering system of another state, provided such motorboat has not been within this state for more than ninety consecutive days.
  2. A motorboat from a foreign country temporarily using the waters of this state.
  3. A motorboat owned by the United States, a state, or a subdivision thereof.
  4. A ship’s lifeboat.
  5. A motorboat belonging to a class of boats exempted from numbering by the department after said agency has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the department has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.

Source: S.L. 1973, ch. 202, § 20.

20.1-13-07. Prohibited operation — Penalty.

  1. An individual may not operate a motorboat or vessel, or manipulate water skis, a surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any individual. Reckless or negligent operation of a motorboat or vessel includes weaving through congested motorboat or vessel traffic, jumping the wake of another motorboat or vessel within one hundred feet [30.48 meters] of the motorboat or vessel, or in any other manner that is not reasonable or prudent.
  2. An individual may not operate a motorboat or vessel, or manipulate water skis, a surfboard, or similar device if any of the following apply:
    1. The individual has an alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of the test within two hours after the operating of a motorboat or vessel.
    2. The individual is under the influence of intoxicating liquor.
    3. The individual is under the influence of a drug or substance or combination of drugs or substances to a degree which renders the individual incapable of safely operating a motorboat or vessel.
    4. The individual is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely operating a motorboat or vessel.
  3. An individual under twelve years of age may not operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by an individual eighteen years of age or older. An individual who violates this subsection is guilty of a class 2 noncriminal offense.
  4. An individual of twelve through fifteen years of age may not operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by an individual eighteen years of age or older or the operator has taken and passed a boating course approved by the department. An individual who violates this subsection is guilty of a class 2 noncriminal offense.
  5. An individual may not cause or knowingly permit a minor under sixteen years of age to operate a motorboat propelled by over a ten horsepower motor unless the minor is otherwise authorized to do so by this section.
  6. An individual may not operate a motorboat or vessel within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel, or within two hundred fifty feet [76.20 meters] of a reduced speed or slow or no wake sign at greater than slow or no wake speed.
  7. An individual may not operate or permit the operation of a personal watercraft:
    1. Without each person on board the personal watercraft wearing a United States coast guard approved type I, II, III, or V personal flotation device;
    2. Within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel at greater than slow or no wake speed;
    3. While towing an individual on water skis, a kneeboard, an inflatable craft, or any other device unless an observer is on board or the personal watercraft is equipped with a mirror on each side which provides the operator an unobstructed field of vision to the rear;
    4. Without a lanyard-type engine cutoff switch being attached to the individual, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;
    5. If a part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;
    6. To chase or harass wildlife;
    7. Through emergent or floating vegetation at other than slow or no wake speed;
    8. In a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within one hundred feet [30.48 meters] of the other watercraft; or
    9. In any other manner that is not reasonable and prudent.
  8. An individual who violates subdivision c of subsection 7 is guilty of a class 2 noncriminal offense.

The fact that an individual charged with violating this section is or has been legally entitled to use alcohol or other drugs or substances is not a defense against a charge for violating this section, unless a drug that predominantly caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to the individual.

Source: S.L. 1973, ch. 202, § 20; 1981, ch. 268, § 1; 1985, ch. 272, § 28; 1995, ch. 237, § 2; 2005, ch. 228, § 1; 2017, ch. 180, § 1, effective April 12, 2017.

Notes to Decisions

Construction.

Operating a motorboat or vessel while intoxicated through the consumption of alcoholic beverages violates N.D.C.C. § 20.1-13-07(2); therefore, a trial court erred by dismissing the charge based on the failure to include the word “alcohol” in N.D.C.C. § 20.1-13-07(2). State v. Higgins, 2004 ND 115, 680 N.W.2d 645, 2004 N.D. LEXIS 205 (N.D. 2004).

Probable cause.

Officer had a reasonable articulable suspicion to stop a boat where it failed to display the proper lighting required by N.D. Admin. Code N.D.C.C. § 30-05-01-02; therefore, defendant was properly charged with operating a motorboat under the influence after field sobriety tests were conducted. State v. Higgins, 2004 ND 115, 680 N.W.2d 645, 2004 N.D. LEXIS 205 (N.D. 2004).

Collateral References.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use, 118 A.L.R.5th 347.

Validity, Construction, and Application of Statutes Prohibiting Boating While Intoxicated, Boating While under the Influence, or the Like. 47 A.L.R.6th 107.

Assimilation, under Assimilative Crimes Act (18 U.S.C.A. § 13), of state statutes relating to driving while intoxicated or under influence of alcohol, 175 A.L.R. Fed. 293.

20.1-13-07.1. Regulation of noise from boats — Penalty.

  1. A boat operated on the waters of this state between the hours of twelve midnight and five a.m. may not produce a noise in excess of eighty-eight decibels for more than ten minutes.
  2. For purposes of subsection 1, the decibel level of a boat must be measured from the shoreline closest to the location from which a complainant or other individual noticed the noise.
  3. A boat operator who violates this section is guilty of a class 1 noncriminal offense.
  4. A boat operator cited for a violation of this section may not operate the boat that produced the noise in violation of this section until a muffler is installed.

Source: S.L. 2019, ch. 202, § 1, effective August 1, 2019.

20.1-13-08. Collisions, accidents, casualties, and liability.

The operator of a vessel involved in a collision, accident, or other casualty, so far as that person can do so without serious danger to that person’s own vessel, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and necessary to save them from or minimize any danger caused by the collision, accident, or other casualty. That person shall also give that person’s name, address, and vessel identification in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. If a collision, accident, or other casualty involving a vessel results in death or injury to a person or damage to property in excess of an amount specified by the director by rule, or a person disappears from the vessel under circumstances that indicate death or injury, the operator of the vessel shall file with the department a full description of the collision, accident, or other casualty, including such information as the director may require by rule.

Any operator of a vessel, or other person who complies with this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty without objection of any person assisted may not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.

Source: S.L. 1973, ch. 202, § 20; 1975, ch. 214, § 15; 1991, ch. 253, § 1; 2003, ch. 48, § 15.

Collateral References.

Liability of owner or operator of motorboat for injury or damage, 63 A.L.R.2d 343.

Products liability: liability of manufacturer or seller for injury caused by vehicle, aircraft, boat, or their parts, supplies, or equipment, 78 A.L.R.2d 460.

Liability of owner of powerboat for injury or death allegedly caused by one permitted to operate boat by owner, 71 A.L.R.3d 1018.

Products liability: liability for injury or death allegedly caused by defective tires, 81 A.L.R.3d 318.

Products liability: liability for injury or death allegedly caused by defect in snowmobile or other recreational-purpose vehicle, 81 A.L.R.3d 281.

Products liability: liability for injury or death allegedly caused by defect in mobile home or trailer, 81 A.L.R.3d 421.

Products liability: personal injury or death allegedly caused by defect in aircraft or its parts, supplies, or equipment, 97 A.L.R.3d 627.

Liability of owner or operator of powered pleasure boat for injuries to swimmer or bather struck by boat, 98 A.L.R.3d 1127.

Products liability: liability of manufacturer or seller for injury or death caused by defect in boat or its parts, supplies, or equipment, 1 A.L.R.4th 411.

Products liability: defective vehicular windows, 44 A.L.R.4th 401, 489.

Products liability: tire rims and wheels, 16 A.L.R.4th 137.

Liability for injury incurred in operation of power golf cart, 66 A.L.R.4th 622.

Products liability: bicycles and accessories, 76 A.L.R.4th 117.

Products liability: lubricating products and systems, 80 A.L.R.4th 972.

20.1-13-09. Transmittal of information.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to section 20.1-13-08 must be transmitted to said official or agency.

Source: S.L. 1973, ch. 202, § 20.

20.1-13-10. Water skis and surfboard — Penalty.

  1. An individual may not manipulate any water skis, surfboard, or similar device without wearing a life preserver approved by the department, unless the individual is sixteen years of age or older and engaged in windsurfing or boardsailing.
  2. Any time between one hour after sunset to one hour before sunrise, an individual may not operate a vessel on any waters of this state towing an individual on water skis, a surfboard, or similar device, nor engage in water skiing, surfboarding, or similar activity.
  3. Subsections 1 and 2 do not apply to a performer engaged in a professional exhibition or an individual engaged in an activity authorized under section 20.1-13-11.
  4. An individual may not operate or manipulate any vessel, towrope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in a way as to cause the water skis, surfboard, or similar device, or an individual on the device, to collide with or strike against any object or individual.
  5. An individual may not operate a vessel on any waters of this state towing an individual on water skis, a surfboard, or similar device unless there is another individual in the towing vessel observing any individual being towed or the vessel is equipped with a mirror at least seventy-eight square inches [198.12 square centimeters] which provides the operator an unobstructed field of vision to the rear. This subsection does not apply to a personal watercraft or to members of any organization regularly staging water ski shows, tournaments, or exhibitions while engaged in the performance of such shows, tournaments, or exhibitions. The department shall adopt rules to allow such organizations to practice in preparation for such events, as prescribed in section 20.1-13-11.
  6. An individual who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1973, ch. 202, § 20; 1981, ch. 267, § 5; 1981, ch. 268, § 2; 1985, ch. 272, § 29; 1993, ch. 237, § 1; 2017, ch. 180, § 2, effective April 12, 2017.

Collateral References.

Liability for injury or death of nonparticipant caused by water skiing, 67 A.L.R.3d 1218.

20.1-13-11. Regattas, races, marine parades, tournaments, or exhibitions.

  1. The department may authorize the holding of regattas, motorboat, or other boat races, marine parades, tournaments, or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend rules concerning the safety of motorboats and other vessels and persons thereon, either observers or participants. Whenever a regatta, motorboat, or other boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge thereof, shall, at least ten days prior thereto, file an application with the department for permission to hold the same. The application must set forth the date, time, and location where it is proposed to be held, and it may not be conducted without authorization of the department in writing.
  2. The provisions of this section do not exempt any person from compliance with applicable federal law or regulation, and do not require the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.

Source: S.L. 1973, ch. 202, § 20.

20.1-13-12. Local regulation prohibited.

  1. The provisions of this chapter, and of other applicable state laws, govern the operation, equipment, numbering, and all other matters relating thereto whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon. Nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of this chapter, amendments thereto, or rules issued thereunder. Such ordinances or local laws are operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto, or rules issued thereunder.
  2. Any subdivision of this state may, at any time, but only after public notice, make formal application to the department for special rules with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules necessary or appropriate.
  3. The department is hereby authorized to make special rules with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state.

Source: S.L. 1973, ch. 202, § 20.

20.1-13-13. Owner’s civil liability.

The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of state statutes, or neglecting to observe such ordinary care and such operation as the rules of the common law require. The owner is not liable, however, unless such vessel is being used with the owner’s express or implied consent. It must be presumed that such vessel is being operated with the knowledge and consent of the owner, if at the time of the injury or damage it is under the control of the owner’s spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner’s family. Nothing herein relieves any other person from any liability that person would otherwise have, and nothing contained herein authorizes or permits any recovery in excess of injury or damage actually incurred.

Source: S.L. 1973, ch. 202, § 20.

Collateral References.

Liability of owner of powerboat for injury or death allegedly caused by one permitted to operate boat by owner, 71 A.L.R.3d 1018.

20.1-13-14. Rules — Enforcement.

Rules may be adopted pursuant to this chapter under chapter 28-32. Every game warden, sheriff’s officer, or highway patrolman of this state has the authority to enforce the provisions of this chapter and in the exercise thereof has the authority to stop and board any vessel subject to this chapter.

Source: S.L. 1973, ch. 202, § 20.

20.1-13-15. Declaration of policy and purpose.

It is the policy of this state to improve boating safety and to foster greater development, use, and enjoyment of all the waters of the state by encouraging and assisting participation by the several political subdivisions of the state, the boating industry, and the boating public in development of more comprehensive boating safety programs, and by creating more flexible regulatory authority concerning the use of boats and equipment. It is further declared to be the policy of the state to encourage greater and continuing uniformity of boating laws and rules as among the subdivisions of the state, the state, several states, and the federal government; a higher degree of reciprocity and comity among the several jurisdictions; and closer cooperation and assistance between the state and the federal government in developing, administering, and enforcing federal and state laws and rules pertaining to boating safety.

Source: S.L. 1975, ch. 214, § 1.

Collateral References.

Inland lakes, rights of boating or the like in, 57 A.L.R.2d 569, 590.

20.1-13-16. Boating safety program.

The department shall develop and administer a comprehensive statewide boating safety program and administer state and federal funds provided to the state for the purpose of implementing and supplementing improved boating safety in this state.

Source: S.L. 1975, ch. 214, § 2.

20.1-13-17. Conformity with applicable federal boat and associated equipment safety standards — Penalty.

No boat or associated equipment manufactured after July 1, 1973, not excluding any boat or associated equipment manufactured after July 1, 1973, whose owner is this state or a political subdivision thereof, may be used on the waters of this state unless the boat and associated equipment conform with applicable federal boat and associated equipment safety standards as provided in the Federal Boat Safety Act of 1971 [Pub. L. 92-75; 85 Stat. 213; 46 U.S.C. 1451 et seq.], and acts amendatory thereto. Any person who violates this section is guilty of a class 2 noncriminal offense.

Source: S.L. 1975, ch. 214, § 3; 1985, ch. 272, § 30.

20.1-13-18. Termination of unsafe use.

Any person authorized to enforce the provisions of this chapter who observes a vessel being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition as defined in department rules, and in the person’s judgment such use creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended.

Source: S.L. 1975, ch. 214, § 4.

20.1-13-19. Display of labels evidencing compliance.

The state game and fish department may require the display of seals, labels, plates, insignia, or other devices for the purpose of certifying or evidencing compliance with state or federal safety rules and standards for boats and associated equipment.

Source: S.L. 1975, ch. 214, § 5.

20.1-13-20. Personal flotation devices.

It is unlawful for any person to operate or to be a passenger on any vessel less than twenty-seven feet [8.2296 meters] in length unless all persons, ten years of age or younger present on the vessel, wear an appropriately sized and properly fastened coast guard-approved type I, II, or III wearable personal flotation device while the vessel is in operation. A personal flotation device is appropriately sized if it is designed to be worn by a person of similar age, size, or weight as the wearer.

Source: S.L. 1989, ch. 289, § 1.

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

With an application for a motorboat number and license under section 20.1-13-03 by an applicant in whose name the motorboat has not previously been licensed, the applicant shall present proof of payment of sales or use tax that was due upon acquisition or bringing the motorboat into this state for storage or use in this state or shall present proof of exemption from sales or use taxes. Credit for taxes paid by the applicant upon acquisition of the motorboat in another state must be allowed as provided in section 57-40.2-11 if proof of that payment is presented. To establish that the motorboat was acquired through a casual sale and qualifies for exempt status, the applicant shall present a receipt for the sale signed by the seller and showing the seller’s name and address. The department may waive the furnishing of a signed receipt for a casual sale if the applicant shows good cause why a receipt is unavailable and signs a statement showing the name and address of the seller and stating that to the best of the applicant’s knowledge the seller is not in the business of selling boats.

Source: S.L. 2001, ch. 229, § 1.

CHAPTER 20.1-13.1 Intoxication Testing of Boat Operators

20.1-13.1-01. Implied consent to determine alcohol concentration and presence of drugs.

Any individual who operates a motorboat or vessel in this state is deemed to have given consent, and shall consent, subject to this chapter, to a chemical test, or tests, of the blood, breath, or urine for the purpose of determining the alcohol concentration or presence of other drugs, or combination thereof, in the individual’s blood, breath, or urine. As used in this chapter, “operates” means to be in motion, en route, but not at anchor or aground; “vessel” means any watercraft used or designed to be used for navigation on the water such as a boat operated by machinery, either permanently or temporarily affixed, a sailboat other than a sailboard, an inflatable manually propelled boat, a canoe, kayak, or rowboat, but does not include an inner tube, air mattress, or other water toy; “drug” means any drug or substance or combination of drugs or substances which renders an individual incapable of safely operating a motorboat or vessel; and “chemical test” means any test or tests to determine the alcohol concentration or presence of other drugs, or combination thereof, in the individual’s blood, breath, or urine, approved by the director of the state crime laboratory or the director’s designee under this chapter. The chemical test must be administered at the direction of a game warden or a law enforcement officer only after placing the individual, except individuals mentioned in section 20.1-13.1-04, under arrest and informing that individual that the individual is or will be charged with the offense of operating a motorboat or vessel while under the influence of intoxicating liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking into custody of a minor under section 27-20.4-05 satisfies the requirement of an arrest. The game warden or law enforcement officer shall also inform the individual charged that refusal of the individual to submit to the chemical test determined appropriate will result in that individual being prohibited from operating a motorboat or vessel for up to three years. The game warden or law enforcement officer shall determine the chemical test to be used. When a minor is taken into custody for violating section 20.1-13-07, the game warden or law enforcement officer shall diligently attempt to contact the minor’s parent or legal guardian to explain the cause for the custody and the implied consent chemical testing requirements. Neither the game warden or law enforcement officer’s efforts to contact, nor any consultation with, a parent or legal guardian may be permitted to interfere with the administration of chemical testing requirements under this chapter.

Source: S.L. 1991, ch. 254, § 2; 2005, ch. 195, § 2; 2011, ch. 288, § 1; 2021, ch. 245, § 10, effective July 1, 2021.

Collateral References.

Validity, Construction, and Application of Statutes Prohibiting Boating While Intoxicated, Boating While under the Influence, or the Like. 47 A.L.R.6th 107.

20.1-13.1-02. Chemical test of operator in serious bodily injury or fatal accident.

Notwithstanding section 20.1-13.1-01 or 20.1-13.1-06, when the operator of a motorboat or vessel is involved in an accident resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person, and there is probable cause to believe that the operator is in violation of section 20.1-13-07, the operator may be compelled by a game warden or a police officer to submit to a chemical test.

Source: S.L. 1991, ch. 254, § 3.

20.1-13.1-03. Individuals qualified to administer chemical test and opportunity for additional test.

Only an individual medically qualified to draw blood, acting at the request of a game warden or a law enforcement officer, may withdraw blood for the purpose of determining the alcohol concentration or presence of other drugs, or combination thereof, in the individual’s blood. The director of the state crime laboratory or the director’s designee shall determine the qualifications or credentials for being medically qualified to draw blood and shall issue a list of approved designations, including medical doctor and registered nurse. This limitation does not apply to the taking of a breath or urine specimen. The director of the state crime laboratory, or the director’s designee, shall electronically post a copy of the certified list of approved designations, including medical doctor and registered nurse, with the state crime laboratory division of the attorney general at the attorney general website and shall make the certified records required by this section available for download in a printable format on the attorney general website. The individual tested may have an individual of that individual’s own choosing, who is medically qualified to draw blood, administer a chemical test in addition to any administered at the direction of a game warden or a law enforcement officer with all costs of the additional chemical test to be the responsibility of the individual charged. The failure or inability to obtain an additional chemical test by an individual does not preclude the admission of the chemical test taken at the direction of a game warden or a law enforcement officer. Upon the request of the individual who is tested, a copy of the operational checklist and test record of a breath sample test or analytical report of a blood or urine sample test taken at the direction of the game warden or law enforcement officer must be made available to that individual by the department or law enforcement agency that administered the chemical test.

Source: S.L. 1991, ch. 254, § 4; 1999, ch. 358, § 1; 2005, ch. 195, § 3; 2011, ch. 288, § 2.

20.1-13.1-04. Consent of person incapable of refusal not withdrawn.

Any person who is dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is deemed not to have withdrawn the consent provided by section 20.1-13.1-01 and the chemical test may be given.

Source: S.L. 1991, ch. 254, § 5.

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

If a person submits to a chemical test under section 20.1-13.1-01, 20.1-13.1-03, or 20.1-13.1-04 and the test shows that person to have an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance of the test within two hours after the operating of a motorboat or vessel, the following procedures apply:

  1. The game warden or law enforcement officer shall immediately issue a statement of intent to prohibit the person from operating a motorboat or vessel. The issuance of a statement of intent to prohibit the person from operating a motorboat or vessel serves as the director’s official notification to the person of the director’s intent to prohibit the person from operating a motorboat or vessel in this state.
  2. If a chemical test administered under section 20.1-13.1-01 or 20.1-13.1-04 was by urine sample or by drawing blood as provided in section 20.1-13.1-03 and the individual tested does not reside in an area in which the game warden or law enforcement officer has jurisdiction, the game warden or law enforcement officer shall, on receiving the analysis of the urine or blood from the director of the state crime laboratory or the director’s designee and if the analysis shows that individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight, either proceed in accordance with subsection 1 during that individual’s reappearance within the game warden’s or officer’s jurisdiction or notify a game warden or law enforcement agency having jurisdiction where the individual resides. On that notification, that game warden or law enforcement agency shall immediately issue a statement of intent to prohibit the individual from operating a motorboat or vessel. The issuance of a statement of intent to prohibit the individual from operating a motorboat or vessel serves as the director’s official notification to the individual of the director’s intent to prohibit the individual from operating a motorboat or vessel in this state.
  3. The game warden or law enforcement officer, within five days of issuing the statement of intent, shall forward to the director a certified written report in the form required by the director. If the statement was given because of the results of a chemical test, the report must show that the game warden or officer had probable cause to believe the individual had been operating a motorboat or vessel while in violation of section 20.1-13-07, that the individual was lawfully arrested, that the individual was chemically tested under this chapter, and that the results of the test show that the individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight. In addition to the report, the game warden or law enforcement officer shall forward to the director a certified copy of the operational checklist and test records of a breath test and a copy of the certified copy of the analytical report for a blood or urine test for all tests administered at the direction of the game warden or officer.

Source: S.L. 1991, ch. 254, § 6; 2005, ch. 195, § 4; 2011, ch. 288, § 3.

Collateral References.

Validity, Construction, and Application of Statutes Prohibiting Boating While Intoxicated, Boating While under the Influence, or the Like. 47 A.L.R.6th 107.

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

  1. If a person refuses to submit to testing under section 20.1-13.1-01, no chemical test may be given, but the game warden or law enforcement officer shall immediately issue to that person a statement of intent to prohibit the person from operating a motorboat or vessel. The statement serves as the director’s official notification to the person of the director’s intent to prohibit the person from operating a motorboat or vessel in this state and of the hearing procedures under this chapter. The director, upon the receipt of the certified written report of the game warden or law enforcement officer in the form required by the director, forwarded by the warden or officer within five days after issuing the statement of intent, showing that the warden or officer had probable cause to believe the person had been operating a motorboat or vessel while in violation of section 20.1-13-07 or had observed that the motorboat or vessel was operated in a negligent, reckless, or hazardous manner as defined by the director by rule, that the person was lawfully arrested if applicable, and that the person had refused to submit to the chemical test under section 20.1-13.1-01, shall prohibit the person from operating a motorboat or vessel in this state for the appropriate period under this section. The period for which a person is prohibited from operating a motorboat or vessel under this section is:
    1. One year if the person’s record shows that within the five years preceding the most recent refusal under this section, the person has not been prohibited from operating a motorboat or vessel for a violation of this chapter or for a violation of section 20.1-13-07.
    2. Two years if the person’s record shows that within the five years preceding the most recent refusal under this section, the person has once been prohibited from operating a motorboat or vessel for a violation of this chapter or for a violation of section 20.1-13-07.
    3. Three years if the person’s record shows that within the five years preceding the most recent refusal under this section, the person has twice been prohibited from operating a motorboat or vessel under this chapter or for a violation of section 20.1-13-07, and the prohibitions resulted from at least two separate arrests.
  2. A person may not be prohibited from operating a motorboat or vessel under this section if:
    1. No administrative hearing request is made under section 20.1-13.1-08;
    2. The person mails an affidavit to the director within ten days after the game warden or law enforcement officer issues the statement of intent. The affidavit must state that the person:
      1. Intends to voluntarily plead guilty to violating section 20.1-13-07 within twenty-five days after the game warden or law enforcement officer issues the statement of intent;
      2. Agrees that the person may not operate a motorboat or vessel for the appropriate period;
      3. Acknowledges the right to a section 20.1-13.1-08 administrative hearing and section 20.1-13.1-09 judicial review and voluntarily and knowingly waives these rights; and
      4. Agrees that the person may not operate a motorboat or vessel for the appropriate period as provided under this section without an administrative hearing or judicial review, if the person does not plead guilty within twenty-five days after the game warden or law enforcement officer issues the statement of intent, or the court does not accept the guilty plea, or the guilty plea is withdrawn;
    3. The person pleads guilty to violating section 20.1-13-07 within twenty-five days after the game warden or law enforcement officer issues the statement of intent;
    4. The court accepts the person’s guilty plea and a notice of that fact is mailed to the director within twenty-five days after the game warden or law enforcement officer issues the statement of intent; and
    5. A copy of the final order or judgment of conviction evidencing the acceptance of the person’s guilty plea is received by the director prior to the end of the prohibition from operating a motorboat or vessel.
  3. The court shall mail a copy of an order granting a withdrawal of a guilty plea to violating section 20.1-13-07 to the director within ten days after it is ordered. Upon receipt of the order, the director immediately shall prohibit the person from operating a motorboat or vessel as provided under this section without providing an administrative hearing.

Source: S.L. 1991, ch. 254, § 7.

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

  1. After the receipt of the certified report of a game warden or a law enforcement officer and if no written request for hearing has been received from the arrested person under section 20.1-13.1-08, or if that hearing is requested and the findings, conclusion, and decision from the hearing confirm that the game warden or law enforcement officer had probable cause to arrest the person and chemical test results show that the arrested person was operating a motorboat or vessel while having an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a test within two hours after operating a motorboat or vessel, the director shall prohibit the person from operating any motorboat or vessel in this state as follows:
    1. For ninety-one days if the person’s record shows that, within the five years preceding the date of the arrest, the person has not previously violated section 20.1-13-07 or the person has not been prohibited from operating a motorboat or vessel under this chapter.
    2. For three hundred sixty-four days if the person’s record shows that, within the five years preceding the date of the arrest, the person has once previously violated section 20.1-13-07 or the person has once been prohibited from operating a motorboat or vessel under this chapter.
    3. For two years if the person’s record shows that within the five years preceding the date of the arrest, the person has twice been prohibited from operating a motorboat or vessel under this chapter, or for a violation of section 20.1-13-07, or any combination thereof, and the prohibitions resulted from at least two separate arrests.
  2. A person who is prohibited from operating a motorboat or a vessel under subdivision a of subsection 1 shall serve the prohibition within the time period between May first and October first. If the person is unable to serve the full prohibition within this time period in a single year, the person shall serve the remaining portion of the prohibition during the same time period in subsequent years.

Source: S.L. 1991, ch. 254, § 8; 2005, ch. 228, § 2.

20.1-13.1-08. Administrative hearing on request.

  1. Before prohibiting a person from operating a motorboat or vessel under section 20.1-13.1-06 or 20.1-13.1-07, the director shall afford that person an opportunity for a hearing if the person mails a request for the hearing to the director within ten days after the date the game warden or law enforcement officer issued a statement of intent to prohibit the person from operating a motorboat or vessel. The hearing must be held within twenty-five days after the date of issuance of the statement of intent, but the hearing officer may extend the hearing to within thirty-five days after the issuance of the statement of intent if good cause is shown.
  2. If the issue to be determined by the hearing concerns the prohibition from operating a motorboat or vessel for operating a motorboat or vessel while having an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight, the hearing must be before a hearing officer assigned by the director and at a time and place designated by the director. The hearing must be recorded and its scope may cover only the issues of whether the arresting warden or officer had probable cause to believe the individual had been operating a motorboat or vessel in violation of section 20.1-13-07; whether the individual was placed under arrest; whether the individual was tested in accordance with section 20.1-13.1-01 or 20.1-13.1-04 and, if applicable, section 20.1-13.1-03; and whether the chemical test results show the individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight. For purposes of this section, a copy of a certified copy of an analytical report of a blood or urine sample from the director of the state crime laboratory or the director’s designee, or a certified copy of the checklist and test records from a certified breath test operator establish prima facie the alcohol, other drug, or a combination thereof concentration shown therein. Whether the individual was informed that that individual may be prohibited from operating a motorboat or vessel based on the results of the chemical test is not an issue.
  3. If the issue to be determined by the hearing concerns the prohibition from operating a motorboat or vessel for refusing to submit to a chemical test under section 20.1-13.1-01, the hearing must be before a hearing officer assigned by the director at a time and place designated by the director. The hearing must be recorded. The scope of a hearing for refusing to submit to a chemical test under section 20.1-13.1-01 may cover only the issues of whether a game warden or law enforcement officer had probable cause to believe the person had been operating a motorboat or vessel in violation of section 20.1-13-07; whether the person was placed under arrest; and whether that person refused to submit to the chemical test.
  4. At a hearing under this section, the regularly kept records of the director and state crime laboratory may be introduced. Those records establish prima facie their contents without further foundation. For purposes of this chapter, the following are deemed regularly kept records of the director and state crime laboratory:
    1. Any copy of a certified copy of an analytical report of a blood or urine sample received by the director from the director of the state crime laboratory or the director’s designee or a game warden or a law enforcement officer or a certified copy of the checklist and test records received by the director from a certified breath test operator; and
    2. Any copy of a certified copy of a certificate of the director of the state crime laboratory or the director’s designee relating to approved methods, devices, operators, materials, and checklists used for testing for alcohol concentration or the presence of other drugs, or a combination thereof, received by the director from the director of the state crime laboratory or the director’s designee that have been electronically posted with the state crime laboratory division of the attorney general at the attorney general website.
  5. At the close of the hearing, the hearing officer shall notify the person of the hearing officer’s findings of fact, conclusions of law, and decision based on the findings and conclusions by issuing to the person a copy of the decision within ten days of the conclusion of the hearing. If the hearing officer does not find in favor of the person, the copy of the decision serves as the director’s official notification to the person that the person is prohibited from operating a motorboat or vessel in this state. The hearing officer shall report the findings, conclusions, and decisions to the director within ten days of the conclusion of the hearing.
  6. If the person who requested a hearing under this section fails to appear at the hearing without justification, the right to the hearing is waived, and the hearing officer’s determination on prohibition of the person from operating a motorboat or vessel will be based on the written request for hearing, game warden’s or law enforcement officer’s report, and other evidence as may be available. The hearing officer shall, on the date for which the hearing is scheduled, mail to the person, by regular mail, at the address on file with the director, or at any other address for the person or the person’s legal representative supplied in the request for hearing, a copy of the decision which serves as the director’s official notification to the person that the person is prohibited from operating a motorboat or vessel in this state for the appropriate period. Even if the person for whom the hearing is scheduled fails to appear at the hearing, the hearing is deemed to have been held on the date for which it is scheduled for purposes of appeal under section 20.1-13.1-09.

Source: S.L. 1991, ch. 254, § 9; 1993, ch. 236, § 1; 1999, ch. 278, § 36; 2001, ch. 120, § 1; 2005, ch. 195, § 5; 2005, ch. 228, § 3; 2011, ch. 288, § 4.

20.1-13.1-09. Judicial review.

Any person who has been prohibited from operating a motorboat or vessel by the decision of the hearing officer under section 20.1-13.1-08 may appeal within seven days after the date the hearing officer issued the decision under section 20.1-13.1-08 as shown by the date of the hearing officer’s decision, notwithstanding section 28-32-42, by serving on the director and filing a notice of appeal and specifications of error in the district court in the county where the events occurred for which the demand for a chemical test was made or in the county in which the administrative hearing was held. The court shall set the matter for hearing, and the petitioner shall give twenty days’ notice of the hearing to the director and to the hearing officer who rendered the decision. Neither the director nor the court may stay the decision pending decision on appeal. Within fifteen days after receipt of the notice of appeal, the director or the hearing officer who rendered the decision shall file in the office of the clerk of court to which the appeal is taken a certified transcript of the testimony and all other proceedings. This record is the record on which the appeal must be determined. No additional evidence may be heard. The court shall affirm the decision of the director or hearing officer unless it finds the evidence insufficient to warrant the conclusion reached by the director or hearing officer. The court may direct that the matter be returned to the director or hearing officer for rehearing and the presentation of additional evidence.

Source: S.L. 1991, ch. 254, § 10; 2001, ch. 293, § 7; 2003, ch. 48, § 16; 2005, ch. 228, § 4.

20.1-13.1-10. Interpretation of chemical tests.

Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any individual while operating a motorboat or vessel while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the amount of alcohol concentration or presence of other drugs, or a combination thereof, in the individual’s blood, breath, or urine at the time of the act alleged as shown by a chemical analysis of the blood, breath, or urine is admissible. For the purpose of this section:

  1. An individual having an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after operating a motorboat or vessel is under the influence of intoxicating liquor, drugs, or a combination thereof at the time of operating a motorboat or vessel.
  2. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams of alcohol per sixty-seven milliliters of urine.
  3. The results of the chemical test must be received in evidence when it is shown that the sample was properly obtained and the test was fairly administered, and if the test is shown to have been performed according to methods and with devices approved by the director of the state crime laboratory or the director’s designee, and by an individual possessing a certificate of qualification to administer the test issued by the director of the state crime laboratory or the director’s designee. The director of the state crime laboratory or the director’s designee is authorized to approve satisfactory devices and methods of chemical tests and determine the qualifications of individuals to conduct such tests, and shall issue a certificate to every qualified operator. An operator shall exhibit the certificate upon demand of the individual requested to take the chemical test.
  4. The director of the state crime laboratory or the director’s designee may appoint, train, certify, and supervise field inspectors of breath testing equipment and its operation, and the inspectors shall report the findings of any inspection to the director of the state crime laboratory or the director’s designee for appropriate action. Upon approval of the methods or devices, or both, required to perform the tests and the individuals qualified to administer them, the director of the state crime laboratory or the director’s designee shall prepare, certify, and electronically post a written record of the approval with the state crime laboratory division of the attorney general at the attorney general website, and shall include in the record:
    1. An annual register of the specific testing devices currently approved, including serial number, location, and the date and results of last inspection.
    2. An annual register of currently qualified and certified operators of the devices, stating the date of certification and its expiration.
    3. The operational checklist and forms prescribing the methods currently approved by the director of the state crime laboratory or the director’s designee in using the devices during the administration of the tests.
    4. The certified records electronically posted under this section may be supplemented when the director of the state crime laboratory or the director’s designee determines it to be necessary, and any certified supplemental records have the same force and effect as the records that are supplemented.
    5. The state crime laboratory shall make the certified records required by this section available for download in a printable format on the attorney general website.
  5. Copies of the state crime laboratory certified records referred to in subsections 3 and 4 that have been electronically posted with the state crime laboratory division of the attorney general at the attorney general website must be admitted as prima facie evidence of the matters stated in the records.
  6. A certified copy of the analytical report of a blood or urine test issued by the director of the state crime laboratory or the director’s designee must be accepted as prima facie evidence of the results of a chemical test performed under this chapter.
  7. Superseded by N.D.R.Ev., Rule 707.
  8. A signed statement from the nurse or medical technician drawing the blood sample for testing as set forth in subsection 3 is prima facie evidence that the blood sample was properly drawn and no further foundation for the admission of such evidence may be required.

Source: S.L. 1991, ch. 254, § 11; 1993, ch. 236, § 2; 1999, ch. 278, § 37; 1999, ch. 358, § 2; 2001, ch. 120, § 1; 2005, ch. 195, § 6; 2007, ch. 339, § 1; 2011, ch. 288, § 5.

Collateral References.

Authentication of blood sample taken from human body for purposes of determining blood alcohol content, 76 A.L.R.5th 1.

Authentication of organic nonblood specimen taken from human body for purposes of analysis, 78 A.L.R.5th 1.

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

If the person under arrest refuses to submit to the chemical test, proof of refusal is admissible in any action or proceeding arising out of acts alleged to have been committed while the person was operating a motorboat or vessel while under the influence of intoxicating liquor, drugs, or a combination thereof.

Source: S.L. 1991, ch. 254, § 12.

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

This chapter does not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of intoxicating liquor, drugs, or a combination thereof, but, if the chemical test results show an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent, the purpose of the evidence must be limited to the issues of probable cause, whether an arrest was made prior to the administering of the test, and the validity of the test results.

Source: S.L. 1991, ch. 254, § 13.

20.1-13.1-13. Liability.

Any individual medically qualified to draw blood or any licensed physician, nurse, technician, or an employee of a hospital who draws blood from any person pursuant to a request of any arresting warden or officer is not liable in any civil action for damages arising out of the act except for gross negligence.

Source: S.L. 1991, ch. 254, § 14; 1999, ch. 358, § 3.

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

Any person who operates a motorboat or vessel on the waters of this state during the period the person is prohibited from operating a motorboat or vessel under this chapter is guilty of a class A misdemeanor.

Source: S.L. 1991, ch. 254, § 15.

Cross-References.

Penalty for class A misdemeanor, see N.D.C.C. § 12.1-32-01.

CHAPTER 20.1-14 Falconry

20.1-14-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1975, ch. 213, § 1.

Cross-References.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.

20.1-14-02. Definitions.

As used in this chapter, unless the context or subject matter otherwise requires:

  1. “Falconry” means the sport of taking quarry by the use of trained raptors.
  2. “Raptor” means any migratory bird of the family accipitridae, excluding bald and golden eagles, falconidae, or strigidae.

Source: S.L. 1975, ch. 213, § 1.

20.1-14-03. Departmental authority.

The department shall make such rules governing the issuance and use of falconry licenses and prescribe the fee for the licenses as it deems proper and necessary and in compliance with federal regulations. The department may revoke any falconry license and seize the raptors held pursuant thereto if the licensee:

  1. Fails to provide proper care for the raptors in the licensee’s possession.
  2. Allows raptors in the licensee’s possession to become a public nuisance.
  3. Violates any of the provisions of this chapter or any rules made pursuant thereto.
  4. Fails to comply with any statute, rule, or regulation applicable to the hunting of the game taken or to be taken.

Source: S.L. 1975, ch. 213, § 1.

CHAPTER 20.1-15 Intoxication Testing of Hunters

20.1-15-01. Implied consent to determine alcohol concentration and presence of drugs.

Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to have given consent, and shall consent, subject to this chapter, to a chemical test of the blood, breath, or urine for the purpose of determining the alcohol concentration or presence of other drugs, or combination thereof, in the individual’s blood, breath, or urine. As used in this chapter, “drug” means any drug or substance or combination of drugs or substances which renders an individual incapable of safely hunting or being afield with a gun or other firearm or a bow and arrow, and “chemical test” means any test or tests to determine the alcohol concentration or presence of other drugs, or combination thereof, in the individual’s blood, breath, or urine, approved by the director of the state crime laboratory or the director’s designee under this chapter. The chemical test must be administered at the direction of a game warden or a law enforcement officer only after placing the individual, except individuals mentioned in section 20.1-15-04, under arrest and informing that individual that the individual is or will be charged with the offense of being afield with a gun or other firearm or a bow and arrow while under the influence of intoxicating liquor, drugs, or a combination thereof. For the purposes of this chapter, the taking into custody of a minor under section 27-20.4-05 satisfies the requirement of an arrest. The game warden or law enforcement officer shall also inform the individual charged that refusal of the individual to submit to the chemical test determined appropriate will result in a revocation for up to four years of the individual’s hunting privileges. The game warden or law enforcement officer shall determine the chemical test to be used. When a minor is taken into custody for violating section 20.1-01-06, the game warden or law enforcement officer shall diligently attempt to contact the minor’s parent or legal guardian to explain the cause for the custody and the implied consent chemical testing requirements. Neither the game warden or law enforcement officer’s efforts to contact, nor any consultation with, a parent or legal guardian may be permitted to interfere with the administration of chemical testing requirements under this chapter.

Source: S.L. 1991, ch. 230, § 4; 2005, ch. 195, § 7; 2011, ch. 288, § 6; 2021, ch. 245, § 11, effective July 1, 2021.

20.1-15-02. Chemical test of hunter in serious bodily injury or fatal accident.

Notwithstanding section 20.1-15-01 or 20.1-15-06, when a hunter is involved in an accident resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person, and there is probable cause to believe that the hunter is in violation of section 20.1-01-06, the hunter may be compelled by a game warden or a police officer to submit to a chemical test.

Source: S.L. 1991, ch. 230, § 5.

20.1-15-03. Individuals qualified to administer chemical test and opportunity for additional test.

Only an individual medically qualified to draw blood, acting at the request of a game warden or a law enforcement officer, may withdraw blood for the purpose of determining the alcohol concentration or presence of other drugs, or combination thereof, in the individual’s blood. The director of the state crime laboratory or the director’s designee shall determine the qualifications or credentials for being medically qualified to draw blood and shall issue a list of approved designations, including medical doctor and registered nurse. This limitation does not apply to the taking of a breath or urine specimen. The director of the state crime laboratory, or the director’s designee, shall electronically post a copy of the certified list of approved designations, including medical doctor and registered nurse, with the state crime laboratory division of the attorney general at the attorney general website and shall make the certified records required by this section available for download in a printable format on the attorney general website. The individual tested may have an individual of that individual’s own choosing, who is medically qualified to draw blood, administer a chemical test in addition to any administered at the direction of a game warden or a law enforcement officer with all costs of the additional chemical test to be the responsibility of the individual charged. The failure or inability to obtain an additional chemical test by an individual does not preclude the admission of the chemical test taken at the direction of a game warden or a law enforcement officer. Upon the request of the individual who is tested, a copy of the operational checklist and test record of a breath sample test or analytical report of a blood or urine sample test taken at the direction of the game warden or law enforcement officer must be made available to that individual by the department or law enforcement agency that administered the chemical test.

Source: S.L. 1991, ch. 230, § 6; 1999, ch. 358, § 4; 2005, ch. 195, § 8; 2011, ch. 288, § 7.

20.1-15-04. Consent of person incapable of refusal not withdrawn.

Any person who is dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is deemed not to have withdrawn the consent provided by section 20.1-15-01 and the chemical test may be given.

Source: S.L. 1991, ch. 230, § 7.

20.1-15-05. Action following chemical test result for a hunter.

If a person submits to a chemical test under section 20.1-15-01, 20.1-15-03, or 20.1-15-04 and the test shows that person to have an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance of the test within two hours after being afield with a gun or other firearm or a bow and arrow, the following procedures apply:

  1. The game warden or law enforcement officer shall immediately issue a statement of intent to revoke, suspend, or deny hunting privileges and take possession of the person’s hunting license if it is then available. The issuance of a statement of intent to revoke, suspend, or deny hunting privileges and the taking of possession of the person’s hunting license serves as the director’s official notification to the person of the director’s intent to revoke, suspend, or deny hunting privileges in this state.
  2. If a chemical test administered under section 20.1-15-01 or 20.1-15-04 was by urine sample or by drawing blood as provided in section 20.1-15-03 and the individual tested does not reside in an area in which the game warden or law enforcement officer has jurisdiction, the game warden or law enforcement officer shall, on receiving the analysis of the urine or blood from the director of the state crime laboratory or the director’s designee and if the analysis shows that individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight, either proceed in accordance with subsection 1 during that individual’s reappearance within the game warden’s or officer’s jurisdiction or notify a game warden or law enforcement agency having jurisdiction where the individual resides. On that notification, that game warden or law enforcement agency shall immediately issue a statement of intent to revoke, suspend, or deny hunting privileges and take possession of the individual’s hunting license if it is then available and, within twenty-four hours, forward the license to the game warden or law enforcement agency making the arrest or to the director. The issuance of a statement of intent to revoke, suspend, or deny hunting privileges and the taking of possession of the individual’s hunting license serves as the director’s official notification to the individual of the director’s intent to revoke, suspend, or deny hunting privileges in this state.
  3. The game warden or law enforcement officer, within five days of issuing the statement of intent and taking possession of the hunting license, shall forward to the director a certified written report in the form required by the director and the individual’s hunting license taken under subsection 1 or 2. If the notice was given and the license was taken because of the results of a chemical test, the report must show that the game warden or officer had reasonable grounds to believe the individual had been afield with a gun or other firearm or a bow and arrow while in violation of section 20.1-01-06, that the individual was lawfully arrested, that the individual was chemically tested under this chapter, and that the results of the test show that the individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight. In addition to the report, the game warden or law enforcement officer shall forward to the director a certified copy of the operational checklist and test records of a breath test and a copy of the certified copy of the analytical report for a blood or urine test for all tests administered at the direction of the game warden or officer.

Source: S.L. 1991, ch. 230, § 8; 2005, ch. 195, § 9; 2011, ch. 288, § 8.

20.1-15-06. Revocation of privilege to hunt upon refusal to submit to testing.

  1. If a person refuses to submit to testing under this chapter, no chemical test may be given, but the game warden or law enforcement officer shall immediately issue a statement of intent to revoke, suspend, or deny hunting privileges and take possession of the person’s hunting license if it is then available. The issuance of a statement of intent to revoke, suspend, or deny hunting privileges and the taking of possession of the person’s hunting license serves as the director’s official notification to the person of the director’s intent to revoke hunting privileges in this state and of the hearing procedures under this chapter. The director, upon the receipt of that person’s hunting license and a certified written report of the game warden or law enforcement officer in the form required by the director, forwarded by the warden or officer within five days after issuing the statement of intent and taking possession of the person’s hunting license, showing that the warden or officer had reasonable grounds to believe the person had been afield with a gun or other firearm or a bow and arrow while in violation of section 20.1-01-06 or, for purposes of section 20.1-15-15, had reason to believe and had, through personal observations, formulated an opinion that the person’s body contains alcohol, other drugs, or a combination thereof, that the person was lawfully arrested if applicable, and that the person had refused to submit to the chemical test under this chapter, shall revoke that person’s hunting privileges for the appropriate period under this section, or if the person is without hunting privileges in this state, the director shall deny to the person hunting privileges for the appropriate period under this section after the date of the alleged violation, subject to the opportunity for a prerevocation hearing and postrevocation review as provided in this chapter. In the revocation of the person’s hunting privileges the director shall give credit for time in which the person was without hunting privileges after the day of the person’s refusal to submit to the chemical test. The period of revocation or denial of hunting privileges under this section is:
    1. Two years if the person’s record shows that within the five years preceding the most recent refusal under this section, the person’s hunting privileges have not previously been suspended, revoked, or issuance of a license denied for a violation of this chapter or section 20.1-01-06.
    2. Three years if the person’s record shows that within the five years preceding the most recent refusal under this section, the person’s hunting privileges have been once previously suspended, revoked, or issuance of a license denied for a violation of this chapter or section 20.1-01-06.
    3. Four years if the person’s record shows that within the five years preceding the most recent refusal under this section, the person’s hunting privileges have at least twice previously been suspended, revoked, or issuance of a license denied under this chapter or for a violation of section 20.1-01-06 and the suspensions, revocations, or denials resulted from at least two separate arrests.
  2. A person’s hunting privileges are not subject to revocation under this section if:
    1. No administrative hearing request is made under section 20.1-15-08;
    2. The person mails an affidavit to the director within ten days after the game warden or law enforcement officer issues the statement of intent and takes possession of that person’s hunting license. The affidavit must state that the person:
      1. Intends to voluntarily plead guilty to violating section 20.1-01-06 within twenty-five days after the game warden or law enforcement officer issues the statement of intent and takes possession of the person’s hunting license;
      2. Agrees that the person’s hunting privileges must be suspended;
      3. Acknowledges the right to a section 20.1-15-08 administrative hearing and section 20.1-15-09 judicial review and voluntarily and knowingly waives these rights; and
      4. Agrees that the person’s hunting privileges must be revoked as provided under this section without an administrative hearing or judicial review, if the person does not plead guilty within twenty-five days after the game warden or law enforcement officer issues the statement of intent and takes possession of the person’s hunting license, or the court does not accept the guilty plea, or the guilty plea is withdrawn;
    3. The person pleads guilty to violating section 20.1-01-06 within twenty-five days after the game warden or law enforcement officer issues the statement of intent and takes possession of the person’s hunting license;
    4. The court accepts the person’s guilty plea and a notice of that fact is mailed to the director within twenty-five days after the game warden or law enforcement officer issues the statement of intent and takes possession of the person’s hunting license; and
    5. A copy of the final order or judgment of conviction evidencing the acceptance of the person’s guilty plea is received by the director prior to the return or reinstatement of the person’s hunting privileges.
  3. The court shall mail a copy of an order granting a withdrawal of a guilty plea to violating section 20.1-01-06 to the director within ten days after it is ordered. Upon receipt of the order, the director immediately shall revoke the person’s hunting privileges as provided under this section without providing an administrative hearing.

Source: S.L. 1991, ch. 230, § 9.

20.1-15-07. Administrative sanction for being afield with a gun or other firearm or a bow and arrow while having certain drug concentrations.

  1. After the receipt of a person’s hunting license, if taken under section 20.1-15-05, and the certified report of a game warden or a law enforcement officer and if no written request for hearing has been received from the arrested person under section 20.1-15-08, or if that hearing is requested and the findings, conclusion, and decision from the hearing confirm that the game warden or law enforcement officer had reasonable grounds to arrest the person and chemical test results show that the arrested person had been afield with a gun or other firearm or a bow and arrow while having an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a test within two hours after being afield with a gun or other firearm or a bow and arrow, the director shall suspend the person’s hunting privileges as follows:
    1. For one year if the person’s record shows that, within the five years preceding the date of the arrest, the person has not previously violated section 20.1-01-06 or the person’s hunting privileges have not previously been suspended or revoked under this chapter.
    2. For two years if the person’s record shows that, within the five years preceding the date of the arrest, the person has once previously violated section 20.1-01-06 or the person’s hunting privileges have once previously been suspended or revoked under this chapter.
    3. For three years if the person’s record shows that within the five years preceding the date of the arrest, the person’s hunting privileges have at least twice previously been suspended, revoked, or issuance denied under this chapter, or for a violation of section 20.1-01-06, or any combination thereof, and the suspensions, revocations, or denials resulted from at least two separate arrests.
  2. In the suspension of the person’s hunting privileges the director shall give credit for the time the person was without a hunting license after the day of the offense.

Source: S.L. 1991, ch. 230, § 10.

20.1-15-08. Administrative hearing on request.

  1. Before issuing an order of suspension, revocation, or denial under section 20.1-15-06 or 20.1-15-07, the director shall afford that person an opportunity for a hearing if the person mails a request for the hearing to the director within ten days after the date the game warden or law enforcement officer issued a statement of intent to revoke, suspend, or deny hunting privileges and took possession of that person’s hunting license. The hearing must be held within twenty-five days after the date the game warden or law enforcement officer issued a statement of intent to revoke, suspend, or deny hunting privileges and took possession of that person’s hunting license, but the hearing officer may extend the hearing to within thirty-five days after the date the game warden or law enforcement officer issued a statement of intent to revoke, suspend, or deny hunting privileges and took possession of that person’s hunting license if good cause is shown.
  2. If the issue to be determined by the hearing concerns suspension of hunting privileges for being afield with a gun or other firearm or a bow and arrow while having an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight, the hearing must be before a hearing officer assigned by the director and at a time and place designated by the director. The hearing must be recorded and its scope may cover only the issues of whether the arresting warden or officer had reasonable grounds to believe the individual had been afield with a gun or other firearm or bow and arrow in violation of section 20.1-01-06; whether the individual was placed under arrest; whether the individual was tested in accordance with section 20.1-15-01 or 20.1-15-04 and, if applicable, section 20.1-15-03; and whether the chemical test results show the individual had an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight. For purposes of this section, a copy of a certified copy of an analytical report of a blood or urine sample from the director of the state crime laboratory or the director’s designee, or a certified copy of the checklist and test records from a certified breath test operator establish prima facie the alcohol, other drug, or a combination thereof concentration shown therein. Whether the individual was informed that the privilege to hunt might be suspended based on the results of the chemical test is not an issue.
  3. If the issue to be determined by the hearing concerns revocation of hunting privileges for refusing to submit to a chemical test under section 20.1-15-01 or 20.1-15-15, the hearing must be before a hearing officer assigned by the director at a time and place designated by the director. The hearing must be recorded. The scope of a hearing for refusing to submit to a chemical test under section 20.1-15-01 may cover only the issues of whether a game warden or law enforcement officer had reasonable grounds to believe the person had been afield with a gun or other firearm or a bow and arrow in violation of section 20.1-01-06; whether the person was placed under arrest; and whether that person refused to submit to the chemical test. The scope of a hearing for refusing to submit to a chemical test under section 20.1-15-15 may cover only the issues of whether the game warden or law enforcement officer had reason to believe and had, through the officer’s observations, formulated an opinion that the person’s body contains alcohol, other drugs, or a combination thereof and whether the person refused to submit to the onsite screening test. Whether the person was informed that the privilege to hunt would be revoked or denied for refusal to submit to the test is not an issue.
  4. At a hearing under this section, the regularly kept records of the director and the state crime laboratory may be introduced. Those records establish prima facie their contents without further foundation. For purposes of this chapter, the following are deemed regularly kept records of the director and the state crime laboratory:
    1. Any copy of a certified copy of an analytical report of a blood or urine sample received by the director from the director of the state crime laboratory or the director’s designee or a game warden or a law enforcement officer or a certified copy of the checklist and test records received by the director from a certified breath test operator; and
    2. Any copy of a certified copy of a certificate of the director of the state crime laboratory or the director’s designee relating to approved methods, devices, operators, materials, and checklists used for testing for alcohol concentration or the presence of other drugs, or a combination thereof, received by the director from the director of the state crime laboratory or the director’s designee that have been electronically posted with the state crime laboratory division of the attorney general at the attorney general website.
  5. At the close of the hearing, the hearing officer shall notify the person of the hearing officer’s findings of fact, conclusions of law, and decision based on the findings and conclusions and shall immediately deliver to the person a copy of the decision. If the hearing officer does not find in favor of the person, the copy of the decision serves as the director’s official notification to the person of the revocation, suspension, or denial of hunting privileges in this state. The hearing officer shall report the findings, conclusions, and decisions to the director within ten days of the conclusion of the hearing. If the hearing officer has determined in favor of the person, the director shall return the person’s hunting license.
  6. If the person who requested a hearing under this section fails to appear at the hearing without justification, the right to the hearing is waived, and the hearing officer’s determination on the revocation, suspension, or denial of hunting privileges will be based on the written request for hearing, game warden’s or law enforcement officer’s report, and other evidence as may be available. The hearing officer shall, on the date for which the hearing is scheduled, mail to the person, by regular mail, at the address on file with the director, or at any other address for the person or the person’s legal representative supplied in the request for hearing, a copy of the decision which serves as the director’s official notification to the person of the revocation, suspension, or denial of hunting privileges in this state. Even if the person for whom the hearing is scheduled fails to appear at the hearing, the hearing is deemed to have been held on the date for which it is scheduled for purposes of appeal under section 20.1-15-09.

Source: S.L. 1991, ch. 230, § 11; 1993, ch. 236, § 3; 1999, ch. 278, § 38; 2001, ch. 120, § 1; 2005, ch. 195, § 10; 2011, ch. 288, § 9.

20.1-15-09. Judicial review.

Any person whose hunting privileges have been suspended, revoked, or denied by the decision of the hearing officer under section 20.1-15-08 may appeal within seven days after the date of the hearing under section 20.1-15-08 as shown by the date of the hearing officer’s decision, notwithstanding section 28-32-42, by serving on the director and filing a notice of appeal and specifications of error in the district court in the county where the events occurred for which the demand for a chemical test was made or in the county in which the administrative hearing was held. The court shall set the matter for hearing, and the petitioner shall give twenty days’ notice of the hearing to the director and to the hearing officer who rendered the decision. Neither the director nor the court may stay the decision pending decision on appeal. Within fifteen days after receipt of the notice of appeal, the director or the hearing officer who rendered the decision shall file in the office of the clerk of court to which the appeal is taken a certified transcript of the testimony and all other proceedings. This record is the record on which the appeal must be determined. No additional evidence may be heard. The court shall affirm the decision of the director or hearing officer unless it finds the evidence insufficient to warrant the conclusion reached by the director or hearing officer. The court may direct that the matter be returned to the director or hearing officer for rehearing and the presentation of additional evidence.

Source: S.L. 1991, ch. 230, § 12; 2001, ch. 293, § 8; 2003, ch. 48, § 17.

20.1-15-10. Credit for suspension of hunting privileges.

After conviction of a person for violating section 20.1-01-06, the director, in suspending the person’s hunting privileges, shall give credit for the time in which the suspension or revocation of hunting privileges has been or is being imposed under this chapter in connection with the same offense.

Source: S.L. 1991, ch. 230, § 13; 2003, ch. 48, § 18.

20.1-15-11. Interpretation of chemical tests.

Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any individual while being afield with a gun or other firearm or a bow and arrow while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the amount of alcohol concentration or presence of other drugs, or a combination thereof, in the individual’s blood, breath, or urine at the time of the act alleged as shown by a chemical analysis of the blood, breath, or urine is admissible. For the purpose of this section:

  1. An individual having, at that time, an alcohol, other drug, or a combination thereof concentration of not more than five one-hundredths of one percent by weight is presumed not to be under the influence of intoxicating liquor, drugs, or a combination thereof.
  2. Evidence that there was at that time more than five one-hundredths of one percent by weight alcohol, other drug, or a combination thereof concentration in an individual is relevant evidence, but it is not to be given prima facie effect in indicating whether the individual was under the influence of intoxicating liquor, drugs, or a combination thereof.
  3. An individual having an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after being afield with a gun or other firearm or a bow and arrow is under the influence of intoxicating liquor, drugs, or a combination thereof at the time of being afield with a gun or other firearm or bow and arrow.
  4. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams of alcohol per sixty-seven milliliters of urine.
  5. The results of the chemical test must be received in evidence when it is shown that the sample was properly obtained and the test was fairly administered, and if the test is shown to have been performed according to methods and with devices approved by the director of the state crime laboratory or the director’s designee, and by an individual possessing a certificate of qualification to administer the test issued by the director of the state crime laboratory or the director’s designee. The director of the state crime laboratory or the director’s designee is authorized to approve satisfactory devices and methods of chemical tests and determine the qualifications of individuals to conduct such tests, and shall issue a certificate to every qualified operator. An operator shall exhibit the certificate upon demand of the individual requested to take the chemical test.
  6. The director of the state crime laboratory or the director’s designee may appoint, train, certify, and supervise field inspectors of breath testing equipment and its operation, and the inspectors shall report the findings of any inspection to the director of the state crime laboratory or the director’s designee for appropriate action. Upon approval of the methods or devices, or both, required to perform the tests and the individuals qualified to administer them, the director of the state crime laboratory or the director’s designee shall prepare, certify, and electronically post a written record of the approval with the state crime laboratory division of the attorney general at the attorney general website, and shall include in the record:
    1. An annual register of the specific testing devices currently approved, including serial number, location, and the date and results of last inspection.
    2. An annual register of currently qualified and certified operators of the devices, stating the date of certification and its expiration.
    3. The operational checklist and forms prescribing the methods currently approved by the director of the state crime laboratory or the director’s designee in using the devices during the administration of the tests.
    4. The certified records electronically posted under this section may be supplemented when the director of the state crime laboratory or the director’s designee determines it to be necessary, and any certified supplemental records have the same force and effect as the records that are supplemented.
    5. The state crime laboratory shall make the certified records required by this section available for download in a printable format on the attorney general website.
  7. Copies of the state crime laboratory certified records referred to in subsections 5 and 6 that have been electronically posted with the state crime laboratory division of the attorney general at the attorney general website must be admitted as prima facie evidence of the matters stated in the records.
  8. A certified copy of the analytical report of a blood or urine test issued by the director of the state crime laboratory or the director’s designee must be accepted as prima facie evidence of the results of a chemical test performed under this chapter.
  9. Superseded by N.D.R.Ev., Rule 707.
  10. A signed statement from the individual medically qualified to draw the blood sample for testing as set forth in subsection 5 is prima facie evidence that the blood sample was properly drawn and no further foundation for the admission of this evidence may be required.

Source: S.L. 1991, ch. 230, § 14; 1993, ch. 236, § 4; 1999, ch. 278, § 39; 1999, ch. 358, § 5; 2001, ch. 120, § 1; 2005, ch. 195, § 11; 2007, ch. 339, § 2; 2011, ch. 288, § 10.

20.1-15-12. Proof of refusal admissible in any action or proceeding.

If the person under arrest refuses to submit to the chemical test, proof of refusal is admissible in any action or proceeding arising out of acts alleged to have been committed while the person was afield with a gun or other firearm or bow and arrow while under the influence of intoxicating liquor, drugs, or a combination thereof.

Source: S.L. 1991, ch. 230, § 15.

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

This chapter does not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of intoxicating liquor, drugs, or a combination thereof, but, if the chemical test results show an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent, the purpose of the evidence must be limited to the issues of probable cause, whether an arrest was made prior to the administering of the test, and the validity of the test results.

Source: S.L. 1991, ch. 230, § 16.

20.1-15-14. Liability.

Any individual medically qualified to draw blood or any licensed physician, nurse, technician, or an employee of a hospital who draws blood from any person pursuant to a request of any arresting warden or officer is not liable in any civil action for damages arising out of the act except for gross negligence.

Source: S.L. 1991, ch. 230, § 17; 1999, ch. 358, § 6.

20.1-15-15. Screening tests.

Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to have given consent to submit to an onsite screening test of the individual’s breath for the purpose of estimating the alcohol concentration in the individual’s breath upon the request of a game warden or a law enforcement officer who has reason to believe and has, through the officer’s observations, formulated an opinion that the individual’s body contains alcohol. An individual may not be required to submit to a screening test of breath while at a hospital as a patient if the medical practitioner in immediate charge of the individual’s case is not first notified of the proposal to make the requirement or objects to the test on the ground that such would be prejudicial to the proper care or treatment of the patient. The screening test must be performed by a game warden or an enforcement officer certified as a chemical test operator by the director of the state crime laboratory or the director’s designee and according to methods and with devices approved by the director of the state crime laboratory or the director’s designee. The results of the screening test must be used only for determining whether a further test is to be given under the provisions of section 20.1-15-01. The officer shall inform the individual that refusal of the individual to submit to a screening test will result in a revocation for up to four years of that individual’s hunting privileges. If the individual refuses to submit to the screening test, none may be given, but the refusal is sufficient cause to revoke the individual’s hunting privileges in the same manner as provided in section 20.1-15-06, and a hearing as provided in section 20.1-15-08 and a judicial review as provided in section 20.1-15-09 must be available. However, the director may not revoke an individual’s hunting privileges for refusing to submit to a screening test requested under this section if the individual provides a sufficient breath, blood, or urine sample for a chemical test requested under section 20.1-15-01 for the same incident. This section does not supersede any provisions of sections 20.1-15-01 through 20.1-15-14, nor does any provision of sections 20.1-15-01 through 20.1-15-14 supersede this section except as provided herein. For the purposes of this section, “chemical test operator” means an individual certified by the director of the state crime laboratory or the director’s designee as qualified to perform analysis for alcohol, other drugs, or a combination thereof in an individual’s blood, breath, or urine.

Source: S.L. 1991, ch. 230, § 18; 2005, ch. 195, § 12; 2011, ch. 288, § 11.

CHAPTER 20.1-16 Interstate Wildlife Violator Compact

20.1-16-01. Interstate wildlife violator compact.

The interstate wildlife violator compact is entered with all states legally joining the compact, in the form substantially as follows:

Source: S.L. 2001, ch. 230, § 1.

ARTICLE I — FINDINGS, DECLARATION OF POLICY, AND PURPOSE

  1. The participating states find that the following provisions apply:
    1. Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.
    2. The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, laws, ordinances, regulations, and administrative rules relating to the management of such resources.
    3. The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of such natural resources.
    4. Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management and restoration laws, ordinances, regulations, and administrative rules of the participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife.
    5. Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.
    6. The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states.
    7. In most instances, a person who is cited for a wildlife violation in a state other than that person’s own state:
      1. Is required to post collateral or a bond to secure appearance for a trial at a later date;
      2. Is taken into custody until the collateral or bond is posted; or
      3. Is taken directly to court for an immediate appearance.
    8. The purpose of the enforcement practices set forth in subdivision g is to ensure compliance with the terms of a wildlife citation by the cited person who, if permitted to proceed after receiving the citation, could return to the person’s home state and disregard the person’s duty under the terms of the citation.
    9. In most instances, a person receiving a wildlife citation in that person’s home state is permitted to accept the citation from the officer at the scene of the violation and immediately proceed after agreeing or being instructed to comply with the terms of the citation.
    10. The practices described in subdivision g cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine and is thus compelled to remain in custody until some alternative arrangement is made.
    11. The enforcement practices described in subdivision g consume an undue amount of law enforcement time.
  2. It is the policy of the participating states to:
    1. Promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to management of wildlife resources in their respective states;
    2. Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and may treat such suspension as if it had occurred in their state;
    3. Allow a violator, except as provided in subsection 2 of article 3, to accept a wildlife citation and proceed without delay, whether or not a resident of the state in which the citation was issued, provided that the violator’s home state is party to this compact;
    4. Report to the appropriate participating state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state;
    5. Allow the home state to recognize and treat convictions recorded against its residents, which convictions occurred in a participating state, as though they occurred in the home state;
    6. Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state;
    7. Maximize effective use of law enforcement personnel and information; and
    8. Assist court systems in the efficient disposition of wildlife violations.
  3. The purpose of this compact is to:
    1. Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in subsection 2 in a uniform and orderly manner; and
    2. Provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator’s right to due process and the sovereign status of a participating state.
  4. “Conviction” means a conviction, including any court conviction, for any offense that is related to the preservation, protection, management, or restoration of wildlife and that is prohibited by state statute, law, regulation, ordinance, or administrative rule. The term also includes the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, the payment of a penalty assessment, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.
  5. “Court” means a court of law, including magistrate’s court and the justice of the peace court.
  6. “Home state” means the state of primary residence of a person.
  7. “Issuing state” means the participating state which issues a wildlife citation to the violator.
  8. “License” means any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
  9. “Licensing authority” means the department or division within each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.
  10. “Participating state” means any state that enacts legislation to become a member of this wildlife compact.
  11. “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that such person will comply with the terms of the citation.
  12. “State” means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and other countries.
  13. “Suspension” means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license.
  14. “Terms of the citation” means those conditions and options expressly stated in the citation.
  15. “Wildlife” means all species of animals including mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as “wildlife” and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a participating state. Species included in the definition of “wildlife” for purposes of this compact are based on state or local law.
  16. “Wildlife law” means any statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.
  17. “Wildlife officer” means any individual authorized by a participating state to issue a citation for a wildlife violation.
  18. “Wildlife violation” means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.
    1. If not prohibited by state or local law or the compact manual; and
    2. If the violator provides adequate proof of identification to the wildlife officer.
      1. A citation of the authority from which the state is empowered to become a party to this compact;
      2. An agreement of compliance with the terms and provisions of this compact; and
      3. An agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.
    3. The effective date of entry must be specified by the applying state but may not be less than sixty days after notice has been given:
      1. By the presiding officer of the board of the compact administrators; or
      2. By the secretariat of the board to each participating state that the resolution from the applying state has been received.

ARTICLE II — DEFINITIONS

As used in this compact and sections 20.1-16-02 through 20.1-16-05, unless the context requires otherwise, the following definitions apply:

1. “Citation” means any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document that is issued to a person by a wildlife officer or other peace officer for a wildlife violation and that contains an order requiring the person to respond.

2. “Collateral” means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.

3. “Compliance” with respect to a citation means the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if any.

ARTICLE III — PROCEDURES FOR ISSUING STATE

1. When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and may not require such person to post collateral to secure appearance, subject to the exceptions noted in subsection 2, if the officer receives the recognizance of such person that the person will comply with the terms of the citation.

2. Personal recognizance is acceptable:

3. Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report must be made in accordance with procedures specified by the issuing state and must contain information as specified in the compact manual as minimum requirements for effective processing by the home state.

4. Upon receipt of the report of conviction or noncompliance pursuant to subsection 3, the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in form and content as prescribed in the compact manual.

ARTICLE IV — PROCEDURE FOR HOME STATE

1. Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and may initiate a suspension action in accordance with the home state’s suspension procedures and may suspend the violator’s license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.

2. Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state may enter such conviction in its records and may treat such conviction as though it occurred in the home state for the purposes of the suspension of license privileges if the violation resulting in a suspension could have been the basis for suspension of license privileges in the home state.

3. The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.

ARTICLE V — RECIPROCAL RECOGNITION OF SUSPENSION

1. All participating states may recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.

2. Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.

ARTICLE VI — APPLICABILITY OF OTHER LAWS

Except as expressly required by this compact, nothing herein may be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.

ARTICLE VII — COMPACT ADMINISTRATOR — PROCEDURES

1. For the purposes of administering this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board is composed of one representative from each of the participating states to be known as the compact administrator. The compact administrator must be appointed by the head of the licensing authority of each participating state and serves and is subject to removal in accordance with the laws of the state the compact administrator represents. A compact administrator may provide for the discharge of duties and the performance of functions as a board member by an alternate. An alternate is not entitled to serve unless written notification of the identity of the alternate has been given to the board.

2. Each member of the board of compact administrators is entitled to one vote. No action of the board is binding unless taken at a meeting at which a majority of the total number of the board’s votes are cast in favor thereof. Action by the board may be only at a meeting at which a majority of the participating states is represented.

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

4. The board shall adopt bylaws not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and may amend and rescind its bylaws.

5. The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and receive, utilize, and dispose of the same.

6. The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.

7. The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action must be contained in a compact manual.

ARTICLE VIII — ENTRY INTO COMPACT AND WITHDRAWAL

1. This compact becomes effective at such time as it is adopted in a substantially similar form by two or more states.

2. a. Entry into the compact must be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the presiding officer of the board.

b. The resolution must substantially be in the form and content as provided in the compact manual and must include the following:

3. A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal does not become effective until ninety days after the notice of withdrawal is given. The notice must be directed to the compact administrator of each member state. Withdrawal of any state does not affect the validity of this compact as to the remaining participating states.

ARTICLE IX — AMENDMENTS TO THE COMPACT

1. This compact may be amended from time to time. Amendments must be presented in resolution form to the presiding officer of the board of the compact administrators and must be initiated by one or more participating states.

2. Adoption of an amendment requires endorsement by all participating states and becomes effective thirty days after the date of the last endorsement.

3. Failure of a participating state to respond to the compact presiding officer within one hundred twenty days after receipt of a proposed amendment constitutes endorsement thereof.

ARTICLE X — CONSTRUCTION AND SEVERABILITY

This compact must be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the validity of the remainder of the compact is not affected thereby. If this compact is held contrary to the constitution of any participating state, the compact remains in full force and effect as to the remaining states and in full force and effect as to the participating state affected as to all severable matters.

Notes to Decisions

Constitutional Issues.

Interstate Wildlife Violator Compact does not require congressional consent under the compact clause, U.S. Const. art. I, § 10. Gray v. N.D. Game & Fish Dep't, 2005 ND 204, 706 N.W.2d 614, 2005 N.D. LEXIS 253 (N.D. 2005).

Construction.

Interstate Wildlife Violator Compact imposes no requirement that the laws of the participating states be identical. Gray v. N.D. Game & Fish Dep't, 2005 ND 204, 706 N.W.2d 614, 2005 N.D. LEXIS 253 (N.D. 2005).

Out-of-state Conviction.

Hunter failed to establish that his statutory or constitutional rights were violated by the Game and Fish Department’s suspension of his hunting privileges in North Dakota on the basis of his Wyoming trespass to hunt conviction; in suspending the hunter’s privileges, the Department did not misconstrue the Interstate Wildlife Violator Compact. Gray v. N.D. Game & Fish Dep't, 2005 ND 204, 706 N.W.2d 614, 2005 N.D. LEXIS 253 (N.D. 2005).

Law Reviews.

North Dakota Supreme Court Review (Gray v. North Dakota Game & Fish Dep’t), 82 N.D. L. Rev. 1033 (2006).

20.1-16-02. Department authorization to effect purposes of compact.

  1. The department shall enforce the interstate wildlife violator compact and shall do all things within the department’s jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact.
  2. The department, in consultation with the chairman of the legislative management, is authorized on behalf of the state to enter or withdraw from the interstate wildlife violator compact pursuant to the terms of article 8 of the compact.
  3. The department, in consultation with the chairman of the legislative management, is authorized to adopt amendments to the interstate wildlife violator compact pursuant to the terms of article 9 of the compact.

Source: S.L. 2001, ch. 230, § 2; 2009, ch. 482, § 97.

20.1-16-03. Reciprocal recognition of license suspensions — Suspension of privileges for conviction in participating state — Penalty.

  1. When the department receives notice of the suspension of a person’s hunting, trapping, or fishing privileges by a participating state, the department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under this state’s law. If the department determines that the person’s privileges could have been forfeited, the department may suspend the person’s privileges to hunt, trap, or fish in this state for the same period as imposed by the participating state not to exceed the maximum limits allowed by state law.
  2. When the department receives notice of a conviction of a state resident from the licensing authority of the issuing state, the department may treat the conviction as if it had occurred in this state and shall determine whether the conviction could have led to the forfeiture of the resident’s hunting, trapping, or fishing privileges under state law. If the department determines that the resident’s privileges could have been forfeited, the department may suspend the resident’s privileges to hunt, trap, or fish in this state for the same period as the issuing state, not to exceed the limit that could have been imposed under state law.
  3. Notice of the suspension must be sent to the person, who must surrender any current North Dakota hunting, trapping, or fishing licenses to the department within ten days.
  4. A person whose privileges have been suspended and who hunts, traps, or fishes in this state, who applies for or purchases any licenses or permits to hunt, trap, or fish in this state, or who refuses to surrender any current hunting, trapping, or fishing licenses as required is guilty of a class A misdemeanor.

Source: S.L. 2001, ch. 230, § 3.

Cross-References.

Penalty for class A misdemeanor, see N.D.C.C. § 12.1-32-01.

20.1-16-04. Suspension of privileges for failure to comply with citation issued in participating state — Penalty.

  1. The department may suspend the hunting, trapping, or fishing privileges of any resident of this state upon notification from the licensing authority of an issuing state that the resident has failed to comply with the terms of a citation issued for a wildlife violation. The suspension remains in effect until the department receives satisfactory evidence of compliance from the issuing state.
  2. Notice of the suspension must be sent to the resident, who shall surrender all current North Dakota hunting, trapping, or fishing licenses to the department within ten days.
  3. A person who hunts, traps, or fishes, who applies for or purchases licenses or permits, or who refuses to surrender any current hunting, trapping, or fishing licenses in violation of this section is guilty of a class A misdemeanor.

Source: S.L. 2001, ch. 230, § 4.

Cross-References.

Penalty for class A misdemeanor, see N.D.C.C. § 12.1-32-01.

20.1-16-05. Hearing on suspension.

  1. Upon suspending the hunting, trapping, or fishing privileges of any person under section 20.1-16-03 or 20.1-16-04, the department shall immediately notify the person in writing. The person may, within twenty days of the notice, request a hearing before the department on whether the requirements for suspension have been met.
  2. Upon request, the department shall set a hearing as early as practicable.
    1. The requesting person may present evidence and arguments at the hearing contesting whether:
      1. A participating state suspended the person’s privileges;
      2. There was a conviction in the participating state;
      3. The person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or
      4. A conviction in a participating state could have led to the forfeiture of privileges under North Dakota law.
    2. Grounds other than those listed in subdivision a may not be used to contest the department’s decision to suspend the person’s privileges.
  3. At the hearing, the department, through its authorized agent, may:
    1. Administer oaths;
    2. Issue subpoenas for the attendance of witnesses; and
    3. Admit all relevant evidence and documents, including notifications from participating states.
  4. Following the hearing, the department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.

Source: S.L. 2001, ch. 230, § 5.

Law Reviews.

North Dakota Supreme Court Review (Gray v. North Dakota Game & Fish Dep’t), 82 N.D. L. Rev. 1033 (2006).

CHAPTER 20.1-17 Aquatic Nuisance Species

20.1-17-01. Prevention and control of aquatic nuisance species.

The director, to prevent and control aquatic nuisance species, shall:

  1. Prepare a statewide management plan for aquatic nuisance species to be approved by the governor.
  2. Organize an aquatic nuisance species committee, as provided for in the statewide management plan, composed of the director or the director’s designee; representatives of the agriculture commissioner, state water commission, parks and recreation department, department of environmental quality, and tourism division; up to five private entities or individuals; and a representative of tribal entities. The director or the director’s designee is the chairman of the aquatic nuisance species committee.
  3. Develop and adopt the state’s list of aquatic nuisance species after consulting with the aquatic nuisance species committee. The list must be updated annually.
  4. Provide for a permitting system to import listed aquatic nuisance species into or move those species within the state.
  5. Develop rules to prevent the movement of aquatic nuisance species into or within the state. In addition to requirements under chapter 28-32, the department shall conduct a cost-benefit analysis for any rule proposed for adoption under this chapter.
  6. Conduct aquatic nuisance species education and prevention efforts.
  7. Provide for the partnership of the federal government, state agencies, and private or public organizations to fund aquatic nuisance species prevention efforts.

Source: S.L. 2005, ch. 229, § 2; 2009, ch. 17, § 4; 2017, ch. 199, § 11, effective April 29, 2019.

20.1-17-02. Compensation and expenses of appointive members of the aquatic nuisance committee.

Each appointive member of the committee is entitled to receive sixty-two dollars and fifty cents compensation per day and to reimbursement for expenses in the amounts provided in sections 44-08-04 and 54-06-09 while attending meetings of the committee or, at the discretion of the member, may receive either per diem compensation or expenses in those amounts while otherwise engaged in official business of the department, including time of travel between home and the place at which the member performs such duties.

Source: S.L. 2005, ch. 229, § 2.

20.1-17-03. Management plan.

The statewide management plan must address:

  1. Coordinated detection efforts and prevention of illegal introductions;
  2. Coordinated dissemination of information concerning aquatic nuisance species among resource management agencies and organizations and impacted entities;
  3. A coordinated education and awareness campaign;
  4. Coordinated control of selected invasive species of aquatic plants and wild animals on lands and public waters;
  5. A reasonable and workable inspection requirement for watercraft and equipment working on waters of the state, including those participating in organized events on the waters of the state;
  6. Closure of points of access to infested waters, if the director determines closure is necessary;
  7. Maintenance of public access to infested waters which are reasonably free of aquatic nuisance species; and
  8. Notice to travelers of the penalties for violation of laws relating to aquatic nuisance species.

Source: S.L. 2005, ch. 229, § 2.

20.1-17-04. Inspection of watercraft.

The director shall train and authorize personnel to inspect watercraft and associated equipment, including weed harvesters, for aquatic nuisance species before the watercraft and equipment enter or leave waters of the state during the open water season.

Source: S.L. 2005, ch. 229, § 2.

20.1-17-05. Infested waters — Restricted activities.

The director shall designate a water of the state as an infested water if the director determines that the water contains a population of an aquatic nuisance species that may spread to other waters if use of the water and related activities is not regulated to prevent this spread. In determining which waters are infested with a nuisance species, the director shall consider:

  1. The extent of a species distribution within the state;
  2. The likely means of spread for a species; and
  3. Whether rules specific to infested waters containing a specific species will effectively reduce that species’ spread.

Source: S.L. 2005, ch. 229, § 2.

20.1-17-06. Prohibited activities.

A person may not possess, import, purchase, sell, propagate, transport, or introduce a prohibited aquatic nuisance species except:

  1. Under a permit issued by the director;
  2. When being transported to the department, or another destination as the director may direct, in a sealed container for purposes of identifying the species or reporting the presence of the species;
  3. When being transported for disposal as part of a harvest or control activity under a permit issued by the director or when being transported as specified by the director;
  4. When the specimen has been lawfully acquired dead and, in the case of plant species, all seeds are removed or are otherwise secured in a sealed container;
  5. When being removed from watercraft or equipment, or caught while angling, and immediately returned to the water from which it came; or
  6. As the director otherwise may prescribe by rule.

Source: S.L. 2005, ch. 229, § 2.

20.1-17-07. Standard.

The director may issue a permit under this chapter only if the director determines that the permitted activity does not pose an unreasonable risk of harm to natural resources or their use in the state. The director may deny, issue with conditions, modify, or revoke a permit issued under this chapter as necessary to ensure that the proposed activity will not pose an unreasonable risk of harm to natural resources or their use in the state.

Source: S.L. 2005, ch. 229, § 2.

20.1-17-08. Seizure.

The director may seize or dispose of any specimens of prohibited aquatic nuisance species unlawfully possessed, imported, purchased, sold, propagated, transported, or introduced in this state.

Source: S.L. 2005, ch, 229, § 2.

20.1-17-09. Penalty.

A person who violates this chapter is guilty of a class B misdemeanor.

Source: S.L. 2005, ch. 229, § 2.

Cross-References.

Penalty for class B misdemeanor, see N.D.C.C. § 12.1-32-01.