Title 20.1, Game, Fish, Predators, and Boating
19 chapters · 315 sections in this title.
N.D.C.C. § 20.1-01-01 General penalty
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Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a class B misdemeanor.
N.D.C.C. § 20.1-01-02 Definitions
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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 …
N.D.C.C. § 20.1-01-03 Ownership and control of wildlife is in the state - Damages - Schedule of monetary values - Civil penalty
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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, trapp…
N.D.C.C. § 20.1-01-04 Attorney general, state's attorneys, sheriffs, and peace officers to enforce game and fish laws
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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 …
N.D.C.C. § 20.1-01-05 Unauthorized methods of taking game birds and game animals
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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 sn…
N.D.C.C. § 20.1-01-06 Being afield with gun or other firearm or bow and arrow while intoxicated prohibited - Penalty
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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 convictin…
N.D.C.C. § 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
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1. Except as provided in subsection 10 of section 20.1-02-05 and as otherwise provided in this section, an individual, while hunting big game or small game, other than waterfowl or cranes, may not use a motor-driven vehicle on any land other than an established road or trail with…
N.D.C.C. § 20.1-01-08 Hunting with artificial light prohibited - Exception
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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 except: 1. At any time throughout the year, an individual or the individual'…
N.D.C.C. § 20.1-01-09 Types of guns lawfully usable in taking raccoon and beaver with flashlight - Penalty
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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 …
N.D.C.C. § 20.1-01-11 Hunting and harassing game from aircraft, motor vehicle, or snowmobile prohibited
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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 a…
N.D.C.C. § 20.1-01-12 Hiring another to hunt or hunting for another for remuneration unlawful
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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.
N.D.C.C. § 20.1-01-13 Aiding in concealment of game unlawfully taken or possessed - Unlawful
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No person may knowingly aid or assist in the concealment of any game that has been unlawfully taken or that is unlawfully possessed.
N.D.C.C. § 20.1-01-14 Possession or control of wildlife prima facie evidence of criminal offense
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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.
N.D.C.C. § 20.1-01-16 Common carriers not to transport game or fish except during open seasons
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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.
N.D.C.C. § 20.1-01-17 Posting of lands by owner to prohibit hunting - How posted - Signs defaced
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1. Only the owner or an individual authorized by the owner of land may post the land. To post the land, an individual shall: a. Place 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 mu…
N.D.C.C. § 20.1-01-18 Hunting on posted land and trapping on private land without permission unlawful - Penalty
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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 protect…
N.D.C.C. § 20.1-01-19 When posted land may be entered
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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.
N.D.C.C. § 20.1-01-20 Entering posted land with gun or firearm prima facie evidence of intent to hunt game
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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 g…
N.D.C.C. § 20.1-01-21 Hunting near occupied building without permission unlawful
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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.
N.D.C.C. § 20.1-01-22 Hunting game on lands having unharvested crops unlawful
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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 fl…
N.D.C.C. § 20.1-01-22.1 Hunting on utility lines prohibited
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No person may hunt birds resting on utility lines or fixtures adjacent to such lines.
N.D.C.C. § 20.1-01-23 Fence gates to be closed - Penalty - Violator's hunting license forfeited
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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 …
N.D.C.C. § 20.1-01-24 Impersonating game wardens unlawful
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No person may falsely claim the authority of or impersonate a game warden.
N.D.C.C. § 20.1-01-25 Deposit of refuse unlawful - Penalty
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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 viola…
N.D.C.C. § 20.1-01-25.1 Tampering with traps unlawful
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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…
N.D.C.C. § 20.1-01-26 Suspension of hunting, trapping, or fishing privileges - Surrender and return of license
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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 def…
N.D.C.C. § 20.1-01-26.1 Hunting, trapping, or fishing prohibited while privileges are suspended - Penalty
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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 health and human services under section 50-09-08.6. Any person violating this sectio…
N.D.C.C. § 20.1-01-27 Disposition of animals killed by motor vehicle
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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 valida…
N.D.C.C. § 20.1-01-28 Certain game and fish violations noncriminal - Procedures
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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 h…
N.D.C.C. § 20.1-01-29 Hearing procedures
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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…
N.D.C.C. § 20.1-01-30 Amount of statutory fees
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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 th…
N.D.C.C. § 20.1-01-31 Interference with rights of hunters and trappers
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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 aeria…
N.D.C.C. § 20.1-01-32 Use of handguns while hunting with bow and arrow or crossbow
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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.
N.D.C.C. § 20.1-01-33 Exploitation of wildlife - Penalty
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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, ma…
N.D.C.C. § 20.1-01-34 Crossbow legal weapon
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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.
N.D.C.C. § 20.1-01-35 Hunting through the internet prohibited - Penalty
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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 …
N.D.C.C. § 20.1-01-36 Suppressor and short-barreled rifle allowed for hunting
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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 …
N.D.C.C. § 20.1-01-37 Permission required for baiting - Penalty
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Without permission from the owner or an individual authorized by the owner of the property, an individual may not enter upon another person's property and intentionally place bait to attract or manipulate the behavior of wildlife. An individual's first violation of this section i…
N.D.C.C. § 20.1-02-01 Director of the game and fish department - Office to be maintained - Appointment - Term - Removal
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The governor shall appoint the director of the game and fish department. The director holds office for a term of four years beginning on the first day of July after the governor's election and until a successor is appointed and qualified. The director is subject to removal by the…
N.D.C.C. § 20.1-02-02 Oath of director
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Before entering upon that individual's duties and within ten days after the date of appointment, the director shall take and file the oath prescribed for civil officers.
N.D.C.C. § 20.1-02-03 Compensation and expenses of director - Audit and payment
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The salary of the director must be within the amount appropriated for salaries by the legislative assembly. The director must be reimbursed for the necessary expenses incurred by the director in the performance of the director's duties. The director's salary and expenses must be …
N.D.C.C. § 20.1-02-04 Duties of director
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The director shall: 1. Maintain an office in Bismarck. 2. Adopt rules necessary to the conduct of the department. 3. Keep an accurate record of all the transactions and expenditures of the department and submit a biennial report to the governor and the secretary of state in accor…
N.D.C.C. § 20.1-02-05 Powers of director
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The director may: 1. Fix the salaries and the necessary travel and other expenses of department personnel subject to law and legislative appropriations. 2. Employ any part-time personnel necessary to run the director's office and remove the employees at will. Salaries and necessa…
N.D.C.C. § 20.1-02-05.1 Land acquisitions - Statewide land acquisition plan
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1. The director shall establish a comprehensive statewide land acquisition plan, subject to approval by the legislative assembly or the budget section if the legislative assembly is not in session. Every land acquisition made by the department exceeding ten acres [4.05 hectares] …
N.D.C.C. § 20.1-02-06 Deputy director - Appointment, removal, oath, reports
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The director shall appoint, and may remove at pleasure, a deputy director who is under the director's direct control and supervision. The deputy, within ten days after the date of that person's appointment, shall take and file the oath prescribed for civil officers. The oath must…
N.D.C.C. § 20.1-02-07 Chief game warden, district deputy game wardens, biologists, and technicians - Appointment - Removal
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The director, with the governor's approval, may appoint the following permanent employees: 1. A chief game warden who shall enforce all state game and fish laws and supervise all deputy game wardens. 2. District deputy game wardens, assigned by the director, to enforce all state …
N.D.C.C. § 20.1-02-08 Oath of chief game warden
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The chief game warden, within ten days of appointment, shall take the oath prescribed for civil officers and file it with the secretary of state.
N.D.C.C. § 20.1-02-09 Supervision of chief game warden by director - Records - Reports
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The chief game warden is under the direct control and supervision of the director and shall make monthly and annual reports to the director in a manner required by the director. The chief game warden shall keep a complete and correct record, in a format authorized by the director…
N.D.C.C. § 20.1-02-10 Special deputy game wardens - Appointment, removal, compensation
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The director may appoint and remove at pleasure, one or more special deputy game wardens in each county. They serve for the time and manner as the director directs. They serve without compensation, but are entitled to a reward pursuant to section 20.1-02-16.
N.D.C.C. § 20.1-02-11 Deputy game wardens supervised by director - To make reports
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Each district deputy game warden and each special deputy game warden are under the direct control and supervision of the director, and shall make monthly and annual reports to the director in a manner required by the director.