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
Penalty
20.1-03-01.2. Instruction required before issuance of hunting license - Age limits - 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
2
Persons under twelve years of age who hunt only with their parent or legal guardian
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, ยง 2
20.1-03-01.5. Apprentice hunter validation
An individual born after December 31, 1961, who is twelve 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
Page No. 1 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
Trap, catch, attempt to catch, take, or kill any protected fur-bearing animal without 2
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 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
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
Page No. 2 3
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 - Each application for a resident general game, fur-bearer, or fishing license must be signed Contents
by the applicant and must state: 1
2
3
That the applicant has been a bona fide state resident for at least six months
The applicant's residential address, including street and post office
The applicant's weight, height, color of hair, and color of eyes
shall: 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 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
may not: 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, 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
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 2
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
license
Page No. 3 2
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. 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. 4
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
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. A nonresident is entitled to purchase only one nonresident waterfowl hunting license per year. The fourteen-day and two 7-day hunting period restrictions do not apply to nonresidents hunting during the early Canada goose season
5
6
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, ยง 2
20.1-03-11. License to hunt big game required - Limitations on licenses
1
b
c
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 eleventh, 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
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
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
The number of licenses issued, including those licenses issued without charge under the provisions of this section, may not exceed the number of licenses authorized by the governor's proclamation issued pursuant to section 20.1-08-04
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 submit one application 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
A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate that has b
2
3
Page No. 5 executed a lease for at least one hundred fifty acres [60.70 hectares] of land and that actively farms or ranches that land is eligible to submit one application 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
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
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
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
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
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
c
d
e
f
g
4. 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
5
A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and has executed a lease for at least one hundred fifty acres [60.70 hectares] of land that the resident actively farms or ranches; or a resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and holds title to at least one hundred fifty acres [60.70 hectares] of land, is eligible to submit one application 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. If not otherwise specified in an agricultural lease, the landowner is entitled to receive the license. An individual licensed under this subsection must be a resident
Page No. 6 b
c
d
If the eligible applicant 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
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 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
A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and has executed a lease for at least one hundred fifty acres [60.70 hectares] of land that the resident actively farms or ranches; or a resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate and holds title to at least one hundred fifty acres [60.70 hectares] of land, is eligible to submit one application 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. 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
If the eligible applicant is a corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, only one license b
Page No. 7 6
7
8
c
d
e
f
a
b
c
d
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
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. 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
A resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate, and has executed a lease for at least one hundred fifty acres [60.70 hectares] of land that the resident actively farms or ranches; or a resident that is an individual, corporation, limited liability company, limited liability partnership, limited partnership, partnership, trust, or life estate and holds title to at least one hundred fifty acres [60.70 hectares] of land, is eligible to submit one application 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. 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
If the eligible applicant 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
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 Page No. 8 e
f
g
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
The director may issue special moose depredation management licenses to landowners in areas designated by the director upon payment of the fee required 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 moose do not apply to special moose depredation management licenses. A person receiving a moose depredation management license under this subsection is eligible to apply for a license to hunt moose in future years and is eligible to participate in the raffle under section 20.1-08-04.2
9
10
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
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 Page No. 9 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
20.1-03-11.5. Purchase of bonus points awarded for lotteries
1. When an application for a license issued by a lottery that accrues bonus points is made by an eligible resident with the intent to forfeit the opportunity to receive that license, the director shall limit that applicant to the purchase of one bonus point for that year for that lottery. The applicant shall pay the same fee as the respective license
The director shall allocate fees collected under subsection 1 to the private lands open to sportsmen program
2
20.1-03-12. Schedule of fees for licenses and permits. (Effective through December 31, 2019) The fees collected under this section for 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. The various license and permit fees are as follows: 1
2
3
4
5
6
7
For a resident, age sixteen and over, small game hunting license, ten dollars
For a nonresident small game hunting license, one hundred dollars
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
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
For a resident fur-bearer license, fifteen dollars
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
For a nonresident fishing license, forty-five dollars
Page No. 10 8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
For a resident husband and wife fishing license, twenty-two dollars
For a nonresident nongame hunting license, fifteen dollars
For a resident wild turkey permit, fifteen dollars
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
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
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
For a resident swan license, ten dollars
For a nonresident swan license, thirty dollars
For a resident sandhill crane license, ten dollars
For a nonresident sandhill crane license, thirty dollars
For a resident commercial clam license, one hundred dollars
For a nonresident commercial clam license, one thousand dollars
Page No. 11 42
43
44
45
46
47
48
49
50
51
52
53
54
1
2
3
4
5
6
7
8
9
10
11
12
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
For an annual class B nonresident license to sell minnows or other live bait at wholesale, two hundred fifty dollars
For a bighorn sheep license issued to a nonresident, five hundred dollars
For a nonresident reciprocal trapping license, three hundred fifty dollars
For a nonresident spring white goose license, fifty dollars
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
For a nonresident short-term ten-day fishing license, thirty-five dollars
For a nonresident wild turkey permit, eighty dollars
For a statewide nonresident waterfowl hunting license, one hundred fifty dollars
For an annual class A nonresident license to sell minnows or other live bait at wholesale, five hundred dollars
For a resident early Canada goose season license, five dollars
For a nonresident early Canada goose season license, fifty dollars
For a resident disabled veteran combined general game, habitat stamp, small game, and fur-bearer license, three dollars
Schedule of fees for licenses and permits. (Effective after December 31, 2019) The fees collected under this section for licenses and permits must be deposited with the state treasurer and credited to the game and fish fund, except aquatic nuisance species fees must be deposited with the state treasurer and credited to the aquatic nuisance species program fund. Forty-five dollars of each nonresident big game hunting license fee must be used for the private land initiative. The various license and permit fees are as follows: For a resident, age sixteen and over, small game hunting license, ten dollars
For a nonresident small game hunting license, one hundred dollars
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
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
For a resident fur-bearer license, fifteen dollars
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
For a nonresident fishing license, forty-five dollars
For a resident husband and wife fishing license, twenty-two dollars
For a nonresident nongame hunting license, fifteen dollars
For a resident wild turkey permit, fifteen dollars
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
Page No. 12 13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
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
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
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
For a resident swan license, ten dollars
For a nonresident swan license, thirty dollars
For a resident sandhill crane license, ten dollars
For a nonresident sandhill crane license, thirty dollars
For a resident commercial clam license, one hundred dollars
For a nonresident commercial clam license, one thousand dollars
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
For an annual class B nonresident license to sell minnows or other live bait at wholesale, two hundred fifty dollars
For a bighorn sheep license issued to a nonresident, five hundred dollars
For a nonresident reciprocal trapping license, three hundred fifty dollars
For a nonresident spring white goose license, fifty dollars
Page No. 13 47
48
49
50
51
52
53
54
55
56
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
For a nonresident short-term ten-day fishing license, thirty-five dollars
For a nonresident wild turkey permit, eighty dollars
For a statewide nonresident waterfowl hunting license, one hundred fifty dollars
For an annual class A nonresident license to sell minnows or other live bait at wholesale, five hundred dollars
For a resident early Canada goose season license, five dollars
For a nonresident early Canada goose season license, fifty dollars
For a resident disabled veteran combined general game, habitat stamp, small game, and fur-bearer license, three dollars
For each motorboat licensed in this state, an aquatic nuisance species fee of fifteen dollars valid concurrent with motorboat licensure
For each motorboat operated on waters of this state and not licensed in this state, an aquatic nuisance species fee of fifteen dollars for the calendar year in which it is paid
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
20.1-03-12.3. Fishing, combination, and waterfowl license surcharge
The director shall establish a surcharge of two dollars on each resident fishing license and combination license except for the resident sixty-five years of age or older license, permanently or totally disabled license, or a disabled veteran license as defined in subsection 6 of section 20.1-03-12. The director also shall establish a surcharge of three dollars on each nonresident fishing license and each nonresident waterfowl hunting license issued under section 20.1-03-12. The collected surcharge fees must be deposited with the state treasurer and credited to the aquatic nuisance species program fund
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
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
Page No. 14 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. 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. An agent may charge a purchaser up to three percent of the total license fee excluding the certificate fee. 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
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
Page No. 15 - Penalty
20.1-03-21. Failure to turn over money collected under provisions of this title unlawful 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
Penalty
20.1-03-23. Records to be kept by licensed dealers in green furs - Report to director - 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
2
3
4
5
The date of the purchase
The name and address of the seller
The kind and number of furs involved in the purchase
The amount of money paid to the seller for the furs purchased
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: Ship such game or fish by common carrier to the person's residential address; or 1
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, 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 3
Page No. 16 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, ยง 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, ยง 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
apply
unlawful
20.1-03-30. Application for license issued by lottery - Forfeiture of fee if not eligible to 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 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; Payment of the appropriate fee; and 2
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
Page No. 17 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
2
3
4
The annual fee to receive a hunting guide 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 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
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
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
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
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 4
Page No. 18 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
2
3
4
5
6
7
An individual who is eighteen years of age or more may apply for a guide or outfitter license
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
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
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
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
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
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 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 Page No. 19 2
3
4
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
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
The director shall perform a background search for criminal and game and fish violations on each applicant on initial application and on each renewal
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
b
c
d
e
f
g
h
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; The licensee willfully and substantially misrepresented that person's facilities, prices, equipment, services, or hunting or fishing opportunities as a guide or outfitter; 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; 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; The licensee has become not qualified, or has violated any rule for the licensing of a guide or outfitter by the director; 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; 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 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 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
3. 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 Page No. 20 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
Page No. 21
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
