CHAPTER 20.1-04 BIRDS, REGULATIONS 20.1-04-01. 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

20.1-04-02. Game birds protected

No person may hunt, take, kill, possess, convey, ship, or cause to be shipped, by common or private carrier, sell, or barter any game bird or any part thereof taken in this state, except as provided in this title

20.1-04-02.1. Game bird parts - Decorative purposes

Nothing in this title prohibits the use of any part of a legally taken game bird for decorative purposes or in the making of art works for private use or sale, except that any part of any legally taken migratory bird may not be sold or bartered except as provided under federal regulations

20.1-04-03. Harmless wild birds protected - Imported songbirds as domestic pets may be possessed and sold

No person, without a permit issued by the director, shall kill, catch, take, ship, cause to be shipped, purchase, offer, or expose for sale, sell, have in that person's possession or under that person's control, any harmless wild bird, or any part thereof, irrespective of whether the harmless wild bird was captured or killed in or out of this state. Imported songbirds used and to be used as domestic pets may be bought, sold, shipped, or possessed at any time

20.1-04-04. Nests and eggs of protected birds protected

No person, without a permit issued by the director, may take, have in that person's possession or under that person's control, or needlessly break up or destroy, or in any manner interfere with, the nest or the eggs of any kind of bird, the killing of which is prohibited

20.1-04-05. Golden eagle, bald eagle protected

Repealed by S.L. 2017, ch. 172, ยง 3

20.1-04-06. Possession limit of game birds

A person may not possess, control, ship, transport, or store, can, or otherwise preserve, more than the number authorized in the governor's proclamation of any species of game bird mentioned in this chapter. However, properly tagged game birds legally taken out of state or taken on Indian land may be possessed, transported, or shipped in state

20.1-04-07. Governor's proclamation concerning the taking of wild turkeys - Youth spring wild turkey licenses - Spring wild turkey licenses

1

2

The governor by proclamation may provide for a season to take wild turkeys in the manner, number, places, and times deemed in the state's best interests. The governor by proclamation may allow individuals who are first-time youth spring wild turkey hunters to receive one spring wild turkey license valid for the regular spring wild turkey season. To be eligible to receive a spring wild turkey license, an individual must be fifteen years of age or younger on the opening day of the spring wild turkey season and have never received a spring wild turkey license

The governor by proclamation shall make available to residents and nonresidents any licenses remaining after the resident fall drawing

20.1-04-07.1. Spring wild turkey licenses - Nonprofit organizations

The director shall issue four spring wild turkey licenses and permits to hunt wild turkeys to individuals residing in North Dakota who are selected by a nonprofit organization as provided under section 20.1-05.1-01

Page No. 1 20.1-04-08. Red, yellow, or orange color to be displayed by hunters of wild turkeys - Exception

Repealed by S.L. 1983, ch. 276, ยง 1

20.1-04-09. Guns lawfully usable in pursuing or taking game birds - Penalty

Repealed by S.L. 1991, ch. 246, ยง 1

20.1-04-10. Shell-holding capacity of shotguns used in taking game birds restricted - Plugs authorized - Penalty

Repealed by S.L. 1999, ch. 224, ยง 1

20.1-04-11. Blinds, boats, and decoys lawfully usable in taking ducks and geese

Wild ducks and geese may be taken: 1

In the open or from a stationary natural or artificial blind or other place of concealment on land or water, except a sinkbox

From a floating craft, excluding a sinkbox, if such craft is beached, or fastened within or tied immediately alongside any type of fixed hunting blind, or from such craft resting at anchor if authorized by governor's proclamation

3. With the aid of artificial decoys. The use, directly or indirectly, of live duck or goose 2

decoys is not permitted

A motorboat, sailboat, or other craft may be used to pick up dead or injured birds

Penalty

20.1-04-12. When gun dogs not to be trained or permitted to run loose - Exceptions - No person, classified as a professional trainer, between April first and July fourteenth of each year, both dates inclusive, may train or run any gun dog or allow any such dog to run loose. For purposes of this section, a professional trainer is any person who trains any breed of gun dog for remuneration which is the basis for the person's livelihood. This section does not prohibit the running of gun dog field trials, nor does this section prohibit the training of an individual's personal gun dog during that period provided that: Landowner permission is secured by the trainer; The trainer is present; 1

2

3. No native game birds are killed or captured; and 4

The training is not on a designated game management area or designated waterfowl production area

Any person who violates this section is guilty of a class 2 noncriminal offense

2

20.1-04-12.1. Gun dog activities - Permit required - Fee

1

The director shall issue a permit for the following gun dog activities: a

b

The training exercises of a resident or nonresident professional trainer; The training exercises of a nonresident amateur trainer who brings more than four gun dogs into the state; and c. Hosting field trials that use live wild birds

The application for the permit must be in a form prescribed by the director and must be accompanied by the appropriate fee

4

3. Upon the receipt of the completed application and fee the director shall issue a permit for a specified period of time and shall require the permitholder to submit an annual report

The fees for the permits are: a

For a resident professional gun dog trainer for training exercises or hosting field trials, ten dollars

For a nonresident professional gun dog trainer for training exercises or hosting field trials, one hundred dollars

For a permit to a nonresident amateur who brings more than four gun dogs into this state, twenty-five dollars

b

c

Page No. 2 5

For purposes of this section, a professional trainer is a person who trains any breed of gun dog for remuneration that is the basis for that person's livelihood

20.1-04-12.2. Gun dog training area - Permit

Notwithstanding section 20.1-04-12, a professional trainer may apply to and obtain from the department a permit designating a specific training area, not to exceed forty acres [16.19 hectares], as an exempt training area

1

2

In the exempt training area, a professional trainer may train or run any gun dog or allow the gun dog to run loose at any time

The fee for the permit may not exceed ten dollars per year

20.1-04-13. When harmful wild birds may be killed

Any person may kill any harmful wild bird in this state during daylight hours

20.1-04-14. Use of propane exploders - Penalty

Any propane exploder or similar noisemaking device designed to ward off blackbirds which is located within one hundred sixty rods [804.67 meters] of an inhabited dwelling may only be used during the period between sunrise and sunset. Any person who violates this section is guilty of a class 2 noncriminal offense

20.1-04-15. Pheasant season - Opening

The open or lawful season on pheasant and the open or lawful season on duck may not commence on the same weekend. Except as otherwise provided in this section for the opening of pheasant season for youth, the open or lawful season on pheasant may not open earlier than one-half hour before sunrise and the season may not commence earlier than the first Saturday of October nor later than October twelfth of any given year. The governor, in the governor's proclamation, may provide a pheasant hunting season for youth

Page No. 3