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CHAPTER 20.1-05
BIG GAME ANIMALS, REGULATIONS
20.1-05-01. General penalty.
Any person violating a provision of this chapter for which a penalty is not specifically
provided is guilty of a class A misdemeanor.
20.1-05-02. Big game animals protected.
Except as otherwise provided in section 20.1-02-28, a person may not hunt, harass, chase,
pursue, take, attempt to take, possess, transport, ship, convey by common or private carrier,
sell, barter, or exchange a big game animal except as provided in carrying out practices to
alleviate depredations under the private land habitat and access improvement program and
elsewhere in this title.
20.1-05-02.1. Unattended dogs harassing or killing big game animals.
Any district game warden may kill any unattended dog harassing or killing big game. No
action for damages may be maintained against the person for the killing.
20.1-05-03. Season for taking and transporting big game - Bag limit.
A person having a big game hunting license as prescribed in this title may take, kill, and
transport, during the open or lawful season, one big game animal in this state. The open or
lawful season on deer and antelope begins at twelve noon central standard time and on elk,
moose, and bighorn sheep begins one-half hour before sunrise on any designated Friday as
established by gubernatorial proclamation in accordance with this title. This section does not
prohibit the transportation, shipment, or possession within this state of properly tagged big game
legally taken in other states or taken on Indian land.
20.1-05-04. Using certain animals and artificial lights in taking big game unlawful.
1. While hunting, pursuing, killing, taking, or attempting to take, or to aid in the hunting or
taking of, any big game animal, an individual may not:
a. Use any animal except:
(1) Horses;
(2) Mules; or
(3) For the recovery of big game animals, dogs:
(a) The dog must be leashed and under the physical control of a handler
at all times;
(b) The dog must be accompanied at all times by both a handler and the
hunter responsible for the taking of the big game animal;
(c) Individuals involved in the recovery of the big game animal may not
carry a firearm or archery equipment during the recovery;
(d) If a big game animal is found alive during the recovery, the dog and
handler shall leave the immediate area; and
(e) Before the beginning of the recovery, the handler of the dog shall
notify the district game warden of the involvement of the dog in the
recovery of the big game animal and provide to the district game
warden the contact information of all parties involved in the hunt and
the location in which the big game animal was tracked.
b. Use artificial light, including a spotlight or automobile or motorcycle headlight,
except artificial light may be used in the recovery process of big game animals.
c. Engage in the practice commonly known as shining for deer. An individual who
shines an area commonly frequented by big game animals with artificial light,
between the hours of sunset and sunrise, is in violation of this section. However,
an individual may use an artificial light, night vision, thermal vision, or infrared
light with a power source of not more than six volts in the area while hunting afoot
to take coyote, fox, raccoon, or beaver.
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2.
For purposes of this section, "recovery" means the time after a firearm or archery
equipment is used in the taking of a big game animal until the expired animal is
located.
20.1-05-05. Prima facie proof of hunting or attempting to hunt big game animals
unlawfully.
Proof that a person possessing a rifle, shotgun, trap, snare, artificial light, or other
implement or equipment useful in the taking or hunting of big game animals was found, between
sunset and sunrise, in and about territory where big game animals are frequently and usually
found, is prima facie evidence that the person was hunting big game animals contrary to law.
20.1-05-06. Big game hunters to wear daylight fluorescent orange garments Exception - Penalty.
Every person, while hunting big game, shall wear a head covering and an outer garment
above the waistline, both of daylight fluorescent orange color, totaling four hundred square
inches [2580.64 square centimeters] or more of solid fluorescent orange color, and both to be
worn conspicuously on the person. This section does not apply to any person hunting big game
with bow and arrow during special bow hunting seasons. Any person who violates this section is
guilty of a class 2 noncriminal offense.
20.1-05-07. When seals to be attached to carcasses of big game animals - Director to
furnish seals.
Each person having a big game hunting license, immediately after killing a big game animal,
shall affix to the animal's carcass a locking seal bearing that person's big game hunting license
number. The director shall furnish the locking seal with each big game hunting license issued.
The seal must be attached and sealed in a manner prescribed by the director.
20.1-05-08. Taking of big game by blind persons.
Any individual who is totally or partially blind and who holds a valid big game hunting license
may be accompanied by and have a person designated on the license, who is otherwise
qualified, to hunt big game for that individual except as provided by section 20.1-01-12.
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