2016 North Dakota Century Code Title 20.1 Game, Fish, Predators, and Boating Chapter 20.1-03 Licenses and Permits
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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.
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.
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.
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.
20.1-03-01.4. Additional education requirement for bowhunters - Standards - Penalty.
Expired under S.L. 1993, ch. 228, § 2.
20.1-03-01.5. Apprentice hunter validation.
An individual born after December 31, 1961, who is sixteen 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. 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.
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.
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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.
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.
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.
20.1-03-04. When licenses to hunt, fish, or trap 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 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.
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.
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4.
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.
Any licensed bait vendor may take, buy, sell, or ship within the state frogs for angling
purposes without a frog license.
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.
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.
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.
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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.
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.
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.
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.
Page No. 4
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.
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.
20.1-03-10.1. Trout and salmon license stamp.
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:
a. An individual whose 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.
b. 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.
c. 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, shall not exceed the number of licenses authorized by
the governor's proclamation issued pursuant to section 20.1-08-04.
3. a. 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 apply 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.
b. A resident that is an individual, corporation, limited liability company, limited
liability partnership, limited partnership, partnership, trust, or life estate that has
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executed a lease for at least one hundred fifty acres [60.7028 hectares] of land
and that actively farms or ranches that land is eligible to apply 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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.
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.
A resident who has executed a lease for at least one hundred fifty acres [60.78
hectares] of land and who actively farms or ranches that land or a resident who holds
title to at least one hundred fifty acres [60.78 hectares] of land is eligible to apply 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. 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. The number of licenses issued without
charge under this subsection may not exceed the total number of licenses prescribed
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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.
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.
A resident who has executed a lease for at least one hundred fifty acres [60.78
hectares] of land and who actively farms or ranches that land or a resident who holds
title to at least one hundred fifty acres [60.78 hectares] of land is eligible to apply 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. 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. If not otherwise specified in an
agricultural lease, the landowner is entitled to receive the license. 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. 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. 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.
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10.
A resident who has executed a lease for at least one hundred fifty acres [60.78
hectares] of land and who actively farms or ranches that land or a resident who holds
title to at least one hundred fifty acres [60.78 hectares] of land is eligible to apply 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. 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. 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. 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. 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.
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.
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.
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.
Page No. 8
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.
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.
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.
20.1-03-12. Schedule of fees for licenses and permits.
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.
Page No. 9
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For an annual general game license, three dollars.
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.
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.
For a license to a resident traveling agent, buyer, or shipper of green furs, twenty
dollars.
For an annual license to practice taxidermy, twenty-five dollars.
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.
For a permit to make collections of protected birds and animals for scientific purposes,
ten dollars.
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.
To operate watercraft used for hire, the following license fees apply for three years:
Class 1. Each craft capable of carrying two adults of average weight, six dollars.
Class 2. Each craft capable of carrying three adults of average weight, six dollars.
Class 3. Each craft capable of carrying four adults of average weight, six dollars.
Class 4. Each craft capable of carrying five adults of average weight, six dollars.
Class 5. Each craft capable of carrying up to eight adults of average weight, nine
dollars.
Class 6. Each craft capable of carrying up to ten adults of average weight, twelve
dollars.
Class 7. Each craft capable of carrying up to fifteen adults of average weight,
twenty-four dollars.
Class 8. Each craft capable of carrying sixteen or more adults of average weight,
thirty dollars.
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.
For a resident paddlefish tag annual license, ten dollars per tag.
For a nonresident paddlefish tag annual license, twenty-five dollars and fifty cents per
tag.
For an annual resident license to sell minnows or other live bait at wholesale, fifty
dollars.
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.
For an annual license to operate a private fish hatchery, seventy-five dollars.
For a resident commercial frog license, fifty dollars.
For a nonresident commercial frog license, two hundred dollars.
For a resident frog license, three dollars.
For a resident husband and wife frog license, five dollars.
For a shooting preserve operating permit, one hundred dollars, plus thirty cents per
acre [.40 hectare] for each acre [.40 hectare].
For a nonresident waterfowl hunting license, one hundred dollars.
For a nonresident husband and wife fishing license, sixty dollars.
For a nonresident short-term three-day fishing license, twenty-five dollars.
For a nonresident fur-bearer and nongame hunting license, forty dollars.
Page No. 10
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For a combination license, fifty dollars.
For a white-tailed deer license sold to certified guides or outfitters and provided by
them to nonresidents, two hundred fifty dollars.
37. For a resident swan license, ten dollars.
38. For a nonresident swan license, thirty dollars.
39. For a resident sandhill crane license, ten dollars.
40. For a nonresident sandhill crane license, thirty dollars.
41. For a resident commercial clam license, one hundred dollars.
42. For a nonresident commercial clam license, one thousand dollars.
43. 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.
44. For an annual class B nonresident license to sell minnows or other live bait at
wholesale, two hundred fifty dollars.
45. For a bighorn sheep license issued to a nonresident, five hundred dollars.
46. For a nonresident reciprocal trapping license, three hundred fifty dollars.
47. For a nonresident spring white goose license, fifty dollars.
48. 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.
49. For a nonresident short-term ten-day fishing license, thirty-five dollars.
50. For a nonresident wild turkey permit, eighty dollars.
51. For a statewide nonresident waterfowl hunting license, one hundred fifty dollars.
52. For an annual class A nonresident license to sell minnows or other live bait at
wholesale, five hundred dollars.
53. For a resident early Canada goose season license, five dollars.
54. For a nonresident early Canada goose season license, fifty dollars.
55. For a resident disabled veteran combined general game, habitat stamp, small game,
and fur-bearer license, three dollars.
The fees for these licenses and permits must be deposited with the state treasurer and credited
to the game and fish fund. Forty-five dollars of each nonresident big game hunting license fee
must be used for the private land initiative.
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.
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.
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.
Page No. 11
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.
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.
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.
20.1-03-17. (Effective after April 1, 2016) 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. The agents may charge purchasers a service fee of fifty cents
for each license. Service fees may be retained by the agent. 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.
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.
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.
Page No. 12
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.
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.
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.
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.
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.
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.
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,
Page No. 13
3.
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.
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.
20.1-03-26. Nonresidents - Taking and transporting of game birds - License.
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.
20.1-03-28. Duplicate licenses or permits.
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.
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.
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.
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.
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
Page No. 14
3.
Approval of the director or representatives designated by the director.
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.
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.
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.
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.
Page No. 15
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.
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
Page No. 16
least three years in other states and an outfitter employing that individual would suffer
an undue hardship without that individual.
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.
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:
a. 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;
b. The licensee willfully and substantially misrepresented that person's facilities,
prices, equipment, services, or hunting or fishing opportunities as a guide or
outfitter;
c. 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;
d. 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;
e. The licensee has become not qualified, or has violated any rule for the licensing
of a guide or outfitter by the director;
f. 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;
g. 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
h. 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
Page No. 17
3.
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.
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.
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.
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.
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.
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