2016 North Dakota Century Code Title 20.1 Game, Fish, Predators, and Boating Chapter 20.1-01 General Provisions
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TITLE 20.1
GAME, FISH, PREDATORS, AND BOATING
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.
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:
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. "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:
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.
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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.
"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.
"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.
"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.
"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.
"Gun dogs" includes any dog used to hunt protected wildlife.
"Harmful wild birds" includes blackbirds, magpies, English sparrows, and starlings.
"Harmless wild birds" includes all wild birds not defined herein as "harmful wild birds"
or "game birds".
"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.
"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.
"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.
"Introduce" means to place, release, or allow the escape of a non-native species into a
free-living state.
"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.
"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.
"Motor-driven vehicle" means any land vehicle, with or without wheels, that is
propelled by any motor.
"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.
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"Non-native species" means a species that is not a native species.
"Operate" means to navigate or otherwise use a motorboat or a vessel.
"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.
"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.
"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.
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.
"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.
"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.
"Possession" means control, actual possession, and constructive possession of the
article or thing specified.
"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.
"Public waters" means waters to which the general public has a right to access.
"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
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state for at least six months immediately preceding the date that residence is to be
determined.
"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.
"Retrieve" means to have taken possession and made ready for transportation.
"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.
"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.
"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.
"Slow or no wake speed" means the slowest possible speed necessary to maintain
steerage.
"Small game" includes all game birds and tree squirrels.
"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.
"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.
"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.
"Undocumented vessel" means a vessel which does not have a valid marine
document as a vessel of the United States.
"Vessel" means any watercraft, other than a seaplane on the water, used or capable of
being used as a means of transportation on water.
"Waterfowl" includes all varieties of geese, brant, swans, ducks, rails, and coots.
"Waters" when not qualified means waters not open to the general public.
"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.
"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
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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.
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
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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.
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, beaver, 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 or beaver 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 or beaver, except when taking a
raccoon treed or at bay.
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.
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.
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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
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.
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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 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.
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
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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 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
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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.
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.
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;
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.
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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.
20.1-01-35. Hunting through the internet prohibited - Penalty.
1. A person may not:
a. Hunt through the internet;
b. Host a hunt through the internet;
c. Import, export, or possess wildlife or any part thereof which has been taken by a
hunt through the internet; or
d. Otherwise enable another person to hunt through the internet.
2. A person who violates this section is guilty of a class C felony.
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.
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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.
