Title 20.1, Game, Fish, Predators, and Boating

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to section 20.1-13-08 must be transmitted to said official or agency.

1. An individual may not engage in barefoot skiing or manipulate any water skis, surfboard, or similar device without wearing a life preserver approved by the department, unless the individual is: a. Sixteen years of age or older and engaged in windsurfing or boardsailing; or b. …

1. The department may authorize the holding of regattas, motorboat, or other boat races, marine parades, tournaments, or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend rules concerning the safety of motorboats and other vessels and perso…

1. The provisions of this chapter, and of other applicable state laws, govern the operation, equipment, numbering, and all other matters relating thereto whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place thereo…

The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of state statutes, or neglecting to observe such ordinary care and such operation as the rules of the common law require.…

Rules may be adopted pursuant to this chapter under chapter 28-32. Every game warden, sheriff's officer, or highway patrol trooper of this state has the authority to enforce the provisions of this chapter and in the exercise thereof has the authority to stop and board any vessel …

It is the policy of this state to improve boating safety and to foster greater development, use, and enjoyment of all the waters of the state by encouraging and assisting participation by the several political subdivisions of the state, the boating industry, and the boating publi…

The department shall develop and administer a comprehensive statewide boating safety program and administer state and federal funds provided to the state for the purpose of implementing and supplementing improved boating safety in this state.

No boat or associated equipment manufactured after July 1, 1973, not excluding any boat or associated equipment manufactured after July 1, 1973, whose owner is this state or a political subdivision thereof, may be used on the waters of this state unless the boat and associated eq…

Any person authorized to enforce the provisions of this chapter who observes a vessel being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition as defined in department rules, and in the person's judgment such use creates an es…

The state game and fish department may require the display of seals, labels, plates, insignia, or other devices for the purpose of certifying or evidencing compliance with state or federal safety rules and standards for boats and associated equipment.

It is unlawful for any person to operate or to be a passenger on any vessel less than twenty-seven feet [8.2296 meters] in length unless all persons, ten years of age or younger present on the vessel, wear an appropriately sized and properly fastened coast guard-approved type I, …

With an application for a motorboat number and license under section 20.1-13-03 by an applicant in whose name the motorboat has not previously been licensed, the applicant shall present proof of payment of sales or use tax that was due upon acquisition or bringing the motorboat i…

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

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Falconry" means the sport of taking quarry by the use of trained raptors. 2. "Raptor" means any migratory bird of the family accipitridae, excluding bald and golden eagles, falconidae, or strigi…

The department shall make such rules governing the issuance and use of falconry licenses and prescribe the fee for the licenses as it deems proper and necessary and in compliance with federal regulations. The department may revoke any falconry license and seize the raptors held p…

Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to have given consent, and shall consent, subject to this chapter, to a chemical test of the blood, breath, or urine for the purpose of determining the alcohol concentration or presence of other…

Notwithstanding section 20.1-15-01 or 20.1-15-06, when a hunter is involved in an accident resulting in the death or serious bodily injury, as defined in section 12.1-01-04, of another person, and there is probable cause to believe that the hunter is in violation of section 20.1-…

Only an individual medically qualified to draw blood, acting at the request of a game warden or a law enforcement officer, may withdraw blood for the purpose of determining the alcohol concentration or presence of other drugs, or combination thereof, in the individual's blood. Th…

Any person who is dead, unconscious, or otherwise in a condition rendering that person incapable of refusal is deemed not to have withdrawn the consent provided by section 20.1-15-01 and the chemical test may be given.

If a person submits to a chemical test under section 20.1-15-01, 20.1-15-03, or 20.1-15-04 and the test shows that person to have an alcohol, other drug, or a combination thereof concentration of at least ten one-hundredths of one percent by weight at the time of the performance …

1. If a person refuses to submit to testing under this chapter, no chemical test may be given, but the game warden or law enforcement officer shall immediately issue a statement of intent to revoke, suspend, or deny hunting privileges and take possession of the person's hunting l…

1. After the receipt of a person's hunting license, if taken under section 20.1-15-05, and the certified report of a game warden or a law enforcement officer and if no written request for hearing has been received from the arrested person under section 20.1-15-08, or if that hear…

1. Before issuing an order of suspension, revocation, or denial under section 20.1-15-06 or 20.1-15-07, the director shall afford that person an opportunity for a hearing if the person mails a request for the hearing to the director within ten days after the date the game warden …

Any person whose hunting privileges have been suspended, revoked, or denied by the decision of the hearing officer under section 20.1-15-08 may appeal within seven days after the date of the hearing under section 20.1-15-08 as shown by the date of the hearing officer's decision, …

After conviction of a person for violating section 20.1-01-06, the director, in suspending the person's hunting privileges, shall give credit for the time in which the suspension or revocation of hunting privileges has been or is being imposed under this chapter in connection wit…

Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any individual while being afield with a gun or other firearm or a bow and arrow while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the amo…

If the person under arrest refuses to submit to the chemical test, proof of refusal is admissible in any action or proceeding arising out of acts alleged to have been committed while the person was afield with a gun or other firearm or bow and arrow while under the influence of i…

This chapter does not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of intoxicating liquor, drugs, or a combination thereof, but, if the chemical test results show an alcohol, other drug, or a combinat…

Any individual medically qualified to draw blood or any licensed physician, nurse, technician, or an employee of a hospital who draws blood from any person pursuant to a request of any arresting warden or officer is not liable in any civil action for damages arising out of the ac…

Any individual who is afield with a gun or other firearm or a bow and arrow is deemed to have given consent to submit to an onsite screening test of the individual's breath for the purpose of estimating the alcohol concentration in the individual's breath upon the request of a ga…

The interstate wildlife violator compact is entered with all states legally joining the compact, in the form substantially as follows: ARTICLE I - FINDINGS, DECLARATION OF POLICY, AND PURPOSE 1. The participating states find that the following provisions apply: a. Wildlife resour…

1. The department shall enforce the interstate wildlife violator compact and shall do all things within the department's jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact. 2. The department, in consultation with the chairman of th…

1. When the department receives notice of the suspension of a person's hunting, trapping, or fishing privileges by a participating state, the department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under this state…

1. The department may suspend the hunting, trapping, or fishing privileges of any resident of this state upon notification from the licensing authority of an issuing state that the resident has failed to comply with the terms of a citation issued for a wildlife violation. The sus…

1. Upon suspending the hunting, trapping, or fishing privileges of any person under section 20.1-16-03 or 20.1-16-04, the department shall immediately notify the person in writing. The person may, within twenty days of the notice, request a hearing before the department on whethe…

The director, to prevent and control aquatic nuisance species, shall: 1. Prepare a statewide management plan for aquatic nuisance species to be approved by the governor. 2. Organize an aquatic nuisance species committee, as provided for in the statewide management plan, composed …

Each appointive member of the committee is entitled to receive sixty-two dollars and fifty cents compensation per day and to reimbursement for expenses in the amounts provided in sections 44-08-04 and 54-06-09 while attending meetings of the committee or, at the discretion of the…

The statewide management plan must address: 1. Coordinated detection efforts and prevention of illegal introductions; 2. Coordinated dissemination of information concerning aquatic nuisance species among resource management agencies and organizations and impacted entities; 3. A c…

The director shall train and authorize personnel to inspect watercraft and associated equipment, including weed harvesters, for aquatic nuisance species before the watercraft and equipment enter or leave waters of the state during the open water season.

The director shall designate a water of the state as an infested water if the director determines that the water contains a population of an aquatic nuisance species that may spread to other waters if use of the water and related activities is not regulated to prevent this spread…

A person may not possess, import, purchase, sell, propagate, transport, or introduce a prohibited aquatic nuisance species except: 1. Under a permit issued by the director; 2. When being transported to the department, or another destination as the director may direct, in a sealed…

The director may issue a permit under this chapter only if the director determines that the permitted activity does not pose an unreasonable risk of harm to natural resources or their use in the state. The director may deny, issue with conditions, modify, or revoke a permit issue…

The director may seize or dispose of any specimens of prohibited aquatic nuisance species unlawfully possessed, imported, purchased, sold, propagated, transported, or introduced in this state.

A person who violates this chapter is guilty of a class B misdemeanor.

1. The director shall authorize issuance of the following annual special allocation hunting licenses: a. Four any deer licenses and six any white-tailed deer licenses per year to the injured military wildlife project of North Dakota for distribution. A license issued under this s…