There is a newer version of the North Dakota Century Code
2009 North Dakota Code
20.1 Game, Fish, Predators, and Boating
20.1-01 General Provisions
Download pdfdriving or being in actual physical control of a motor vehicle in violation of section
39-08-01 or equivalent ordinance. 2. "Any part thereof" or "the parts thereof" includes the hide, horns, or hoofs of any
animal specified and the plumage, skin, and every other part of any bird specified. 3. "Aquatic nuisance species" means any nonindigenous, obligate aquatic species of
plant or animal which is injurious to native and desirable aquatic species or which
has a negative effect on aquatic habitats, environment, or the economy of the state. 4. "Associated equipment" means: a. Any system, part, or component of a boat as originally manufactured or any
similar part or component manufactured or sold for replacement, repair, or
improvement of such system, part, or component; b. Any accessory or equipment for, or appurtenance to, a boat; and c. Any marine safety article, accessory, or equipment intended for use by a
person on board a boat; but d. Excluding radio equipment. 5. "Big game" means deer, moose, elk, bighorn sheep, mountain goats, and antelope. 6. "Boat" means any vessel: a. Manufactured or used primarily for noncommercial use; b. Leased, rented, or chartered to another for the latter's noncommercial use; or c. Engaged in the carrying of six or fewer passengers. 7. "Confiscate" or "confiscated" means to hold subject to the order of a court of
competent jurisdiction. 8. "Consideration" means something of value given or done in exchange for something
of value given or done by another. 9. "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. 10. "Department" means the game and fish department. 11. "Deputy director" means the deputy director of the department. Page No. 1 12. "Director" means the director of the department. 13. "Endangered species" means any species whose prospects of survival or
recruitment within the state are in jeopardy due to any of the following factors: a. The destruction, drastic modification, or severe curtailment of its habitat. b. Its overutilization for scientific, commercial, or sporting purposes. c. The effect on it of disease, pollution, or predation. d. Other natural or manmade factors affecting its prospects of survival or
recruitment within the state. e. Any combination of the foregoing factors. The term also includes any species classified as endangered pursuant to the
Endangered Species Act of 1973, Public Law 93-205. 14. "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. 15. "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. 16. "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. 17. "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. 18. "Gun dogs" includes any dog used to hunt protected wildlife. 19. "Harmful wild birds" includes blackbirds, magpies, English sparrows, and starlings. 20. "Harmless wild birds" includes all wild birds not defined herein as "harmful wild birds"
or "game birds". 21. "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. 22. "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. Page No. 2 23. "Introduce" means to place, release, or allow the escape of a nonnative species into
a free-living state. 24. "Manufacturer" means any person engaged in: a. The manufacture, construction, or assembly of boats or associated equipment. b. The manufacture or construction of components for boats and associated
equipment to be sold for subsequent assembly. c. The importation into the state for sale of boats, associated equipment, or
components thereof. 25. "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. 26. "Motor-driven vehicle" means any land vehicle, with or without wheels, that is
propelled by any motor. 27. "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. 28. "Nonnative species" means a species that is not a native species. 29. "Operate" means to navigate or otherwise use a motorboat or a vessel. 30. "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. 31. "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. 32. "Passenger" means every person carried on board a vessel other than: a. The owner or the owner's representative. b. The operator. c. Bona fide members of the crew engaged in the business of the vessel who
have contributed no consideration for their carriage and who are paid for their
services. Page No. 3 d. Any guest on board a vessel which is being used exclusively for pleasure
purposes who has not contributed any consideration, directly or indirectly, for
that person's carriage. 33. "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. 34. "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. 35. "Possession" means control, actual possession, and constructive possession of the
article or thing specified. 36. "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. 37. "Public waters" means waters to which the general public has a right to access. 38. "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. 39. "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. 40. "Retrieve" means to have taken possession and made ready for transportation. 41. "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. 42. "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. 43. "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. 44. "Slow or no wake speed" means the slowest possible speed necessary to maintain
steerage. Page No. 4 45. "Small game" includes all game birds and tree squirrels. 46. "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. 47. "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. 48. "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. 49. "Undocumented vessel" means a vessel which does not have a valid marine
document as a vessel of the United States. 50. "Vessel" means any watercraft, other than a seaplane on the water, used or capable
of being used as a means of transportation on water. 51. "Waterfowl" includes all varieties of geese, brant, swans, ducks, rails, and coots. 52. "Waters" when not qualified means waters not open to the general public. 53. "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. 54. "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. 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 Page No. 5 must be deposited in the general fund, and devoted to the propagation and protection of
desirable species of wildlife. 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. 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. 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. 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. Page No. 6 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. This section does
not make it unlawful for an individual to use a lantern, spotlight, or other artificial light to assist the
person in pursuing and shooting on the person's premises any coyote, fox, skunk, mink, raccoon,
weasel, owl, rabbit, or other predatory animal or bird, attacking and attempting to destroy the
person's poultry, livestock, or other property. It is permissible to use an artificial light with a
power source of not more than six volts while hunting afoot for raccoon during the open season
on the animal. A red or amber filter must be placed on any artificial light used in the hunting of
raccoon, except when taking a raccoon treed or at bay. 20.1-01-09. Types of guns lawfully usable in taking raccoon with flashlight - Penalty. In the killing, shooting, pursuing, taking or in attempting to take raccoon 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. 20.1-01-10. Hours for hunting game birds and protected animals - Penalty. Repealed by S.L. 1991, ch. 250, § 3. 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. 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. 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. 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. 20.1-01-15. Joint violator testifying against other participants not subject to prosecution. 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. 20.1-01-17. Posting of lands by owner to prohibit hunting - How posted - Signs defaced. 1. Only the owner or tenant or an individual authorized by the owner of land may post
the land by placing 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 Page No. 7 enclosure, posting of signs at or on all gates through the fence or enclosure
constitutes a posting of all the enclosed land. 2. A person may not deface, take down, destroy posting signs, or post property without
the permission of the owner or tenant or an individual authorized by the owner. 3. Even if the conduct of the owner, tenant, 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, tenant, or individual authorized by the owner
substantially complied with subsection 1 and notice against hunting or trespassing is
clear from the circumstances. 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. 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. 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. 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. 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. 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. 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. 20.1-01-24. Impersonating game wardens unlawful. No person may falsely claim the authority of or impersonate a game warden. 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 any game refuge, lake, river, public
park, or recreation area is prohibited. Police officers, sheriffs, deputies, and game and fish department personnel shall enforce this section. Any person who willfully violates this section is
guilty of an infraction. Page No. 8 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. 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. 20.1-01-26.1. Hunting, trapping, or fishing prohibited while privileges are suspended - Penalty. No person may directly or indirectly hunt, trap, or fish or assist in any way
in hunting, trapping, or fishing while the person's privileges have been suspended by a court or
by the department of human services under section 50-09-08.6. Any person violating this section
is guilty of a class A misdemeanor. 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. 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 Page No. 9 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. 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. 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. 20.1-01-31. Interference with rights of hunters and trappers. No person may 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. Except for department personnel, the person setting the trap or snare,
or that person's agent, no person may 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. 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. 20.1-01-33. Exploitation of wildlife - Penalty. 1. A person is guilty of exploitation of wildlife if that person intentionally: a. Commits five or more title 20.1 class A misdemeanor offenses within a
two-year period; Page No. 10 b. Commits seven or more title 20.1 misdemeanor offenses within a two-year
period; c. Furnishes assistance, management, or supervision to an individual who
commits or assists in the commission of seven or more title 20.1 misdemeanor
offenses within a two-year period; or d. Commits a title 20.1 misdemeanor offense after having been previously
convicted of seven or more title 20.1 misdemeanor offenses within a ten-year
period. 2. Violation of this section is a class C felony and, in addition to other penalties
imposed by law, is subject to section 20.1-01-26. The defendant being over a daily
or possession limit of fish, small game, or waterfowl is not sufficient as a predicate
offense for a conviction under subdivision b or c of subsection 1 unless the state
proves that the conduct occurred over more than three days or the person takes or
possesses more than four times a daily limit and the state alleges and proves
beyond a reasonable doubt that the minimum number of predicate offenses required
were committed intentionally. Except for a charge under subdivision d of subsection 1, the state may not charge an individual for both the predicate offense
and a charge under this section. A conviction from another state or a federal court
for an offense similar to one prescribed in title 20.1 may be used as a conviction
under this section. Page No. 11 Document Outline chapter 20.1-01 general provisions
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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