N.D. Admin. Code Title 30 — Game and Fish Department

Article 30-01 General Administration

Chapter 30-01-01 Organization of Department

N.D. Admin. Code 30-01-01-01 Organization and functions of the game and fish department

1.Organization of department.

a.History. The first game and fish laws were established in Dakota Territory in 1861 but it was not until 1893 when the superintendent of irrigation and forestry was designated as game commissioner that a game and fish department was formed. In 1909 the game and fish board of control was established. The board continued to function as the agency controlling fish and game until 1929 when legislation was passed providing for a single commissioner charged with certain duties and powers to administer a game and fish department. The title commissioner was changed to director in 1991.

b.Divisions. The department consists of the following five divisions:

(1)Administrative services.

(2)Enforcement.

(3)Fisheries.

(4)Conservation and communications.

(5)Wildlife.

c.Director. The director is appointed by the governor. The director holds office for four years beginning on the first day of July after the governor's election and until a successor is appointed and qualified.

The director shall appoint a deputy director who may be removed at the director's pleasure. The director may also appoint a chief game warden, district game wardens, biologists, and technicians to enforce the game laws and to perform duties specified by the director.

The director is charged with statutory duties and has specific powers relating to the department and the resources it must manage. In addition to these specific duties and powers spelled out in North Dakota Century Code sections 20.1-02-04 and 20.1-02-05, the director has additional authority and power given by various sections of North Dakota Century Code title 20.1.

d.Game and fish advisory board. There is an eight-member game and fish advisory board, each appointed for a four-year term by the governor. The board has the authority to advise the director regarding any policy of hunting, fishing, and trapping regulations, and may make general recommendations regarding the operation of the department and its programs which the director may carry out.

e.Orders and proclamations of the governor. After investigation and recommendations by the director, the governor may open seasons for hunting, fishing, and trapping. The governor may determine in what manner, the numbers, the places, and at what times game, fish, or fur-bearers may be taken.

2.Functions of department divisions.

a.Administrative services division. This division includes the following:

(1)Business operations. Responsible for business operations, such as accounting functions, grant management, federal aid coordination, etc.

(2)Data/technology. Responsible for department data and analytics. Provides coordination and management of department data, systems, and technical resources.

(3)Licensing. Responsible for all licensing-related functions for fishing, hunting, trapping, and boating. This section includes department customer support services.

(4)Facilities management. Responsible for the management of facilities for the department headquarters and district offices throughout the state. Responsible for department print service management.

b.Enforcement division. The law enforcement program enforces game and fish laws and rules and regulations necessary for proper management of fish and game resources.

Enforcement officers called district game wardens have districts averaging approximately two thousand six hundred square miles [673396.92 hectares]. In addition to their enforcement activities, they must carry out education programs, and assist other divisions during busy periods of the year.

c.Fisheries division. This division is divided into four programs:

(1)Fish production. Fish are raised at two fish hatcheries and stocked into waters of the state. Also, adult fish are trapped and transported into various waters.

(2)Fish management/research. Responsible for research and survey work connected with sport fishing. It gathers information about the status of lakes and fish populations and carries out management practices on lakes.

(3)Fisheries development. Provides public use facilities, lake improvement systems, lake and pond construction, and other developments on public fishing waters.

(4)Aquatic nuisance species. Implements measures to reduce the spread of aquatic nuisance species throughout the state. Measures include education, monitoring, and inspections.

d.Conservation and communications division. This division has three major sections:

(1)Conservation. Since the enactment of the National Environmental Policy Act in 1970, state game and fish agencies across the nation are routinely asked to conduct environmental reviews on development projects that have a federal nexus (e.g. a project that is funded with federal money or occurs on federal land). Staff within the conservation section carry out those reviews. The conservation section also deals with all issues related to nongame wildlife and rare and declining species, including federally listed species.

(2)Communications. Responsible for department communication, including marketing/R3, digital media, North Dakota Outdoors/publications, and video production. Staff in this section write news releases, publish a monthly magazine, manage production of hunting guides and an annual private land open to sportsmen guide, produce weekly webcasts and television news segments, manage social media accounts, write blogs, manage the website, produce a bimonthly podcast, design brochures and publications, handling of phone and electronic mail inquiries from the public, manage the department's marketing efforts, and direct the agency's recruitment, retention, and reactivation of hunters and anglers.

(3)Education. Includes hunter education, fur harvester education, bowhunter education, aquatic education, boating education, educator resources, national achery in the schools program, and public information outreach staff located statewide.

e.Wildlife division. This division is divided into three sections:

(1)Resource management. Responsible for all habitat development, and management and maintenance on wildlife management areas. This involves tree plantings, herbaceous cover and food plantings, road construction, weed control, signing, water developments, and any other activity that enhances these areas for wildlife, hunting, and other compatible uses.

(2)Game management. Responsible for population surveys that are used to determine annual harvest seasons and conduct research with the objective of improving population management on various species of game for the citizens of the state.

(3)Private lands. Responsible for carrying out private land habitat improvements and hunting access programs. The program involves annual leasing and development of fish and wildlife habitat and hunting access on private land and entering into cost-sharing agreements with landowners or partners to develop conservation practices which benefit fish and wildlife. The section also carries out practices which will alleviate big game and predatory animal depredation.

3.Inquiries. General inquiries regarding the game and fish department may be addressed to the:

North Dakota Game and Fish Department 100 North Bismarck Expressway Bismarck, North Dakota 58501-5095 Specific inquiries about division functions may be addressed to the chief of the division involved.

4.Personnel roster. A roster of personnel with the department may be found in the monthly issue of North Dakota Outdoors or on the department's web page.

March 1, 2002; April 1, 2023.

History

• History: Amended effective February 1, 1982; September 1, 1983; December 1, 1985; January 1,1992;
• General Authority: NDCC 20.1-02-04(2)
• Law Implemented: NDCC 20.1-02-04(2)

Article 30-02 Wildlife Management

Chapter 30-02-01 Aircraft Hunting Permits

N.D. Admin. Code 30-02-01-01 Aircraft hunting prohibited

Except as herein provided, no person shall use an aircraft to hunt or harass any wildlife, or to knowingly participate in hunting or harassing any wildlife with an aircraft.

History

• Law Implemented: NDCC 20.1-01-11

N.D. Admin. Code 30-02-01-02 Permit may be issued

A permit to use an aircraft in the hunting of predatory animals may be issued to any person who complies with this chapter, upon determination by the director of the game and fish department that such a permit is necessary for the protection of livestock, domesticated animals, wildlife, or human life, and that aircraft hunting is the preferred method of predatory animal control under the circumstances involved.

N.D. Admin. Code 30-02-01-03 Permit conditions

The permit shall only be valid for taking a specified number and species from a specified permit area, for a specified period of time.

N.D. Admin. Code 30-02-01-04 Permit application

The application for a permit shall be made on forms prescribed and provided by the game and fish department, and shall include a petition containing the signatures of all the landowners or operators within the proposed permit area, giving a legal description of the land involved, and stating the reasons for the necessity of issuance of a permit. Such signatures shall also constitute permission for the permittee to hunt upon the land in question.

N.D. Admin. Code 30-02-01-05 Low-flying waiver required

The applicant shall obtain a low-flying waiver from the North Dakota aeronautics commission and the federal aviation administration prior to making application for an aircraft hunting permit. The permit shall only be valid when used in conjunction and in compliance with a valid low-flying waiver.

N.D. Admin. Code 30-02-01-06 Report of kill required

The permittee shall, within one week of the end of the term of the permit, file a complete report that includes information deemed necessary by the director. Failure to so report shall make the permittee ineligible to receive another permit for one year.

N.D. Admin. Code 30-02-01-07 Hunting dates

The days and months of hunting will be determined by the director and included in the permit.

Chapter 30-02-02 Falconry

N.D. Admin. Code 30-02-02-01 Definitions

For purposes of this chapter:

1."Department" means the North Dakota game and fish department.

2."Eyas raptors" means young raptors not capable of flight or a term for a young bird from time of its hatching until its normal departure from the nest. Also referred to as a nestling or chick.

3."Falconry" means the sport of taking quarry (any species of animal) by the use of trained raptors.

4."Hacking" is the temporary release of a raptor held for falconry to the wild so that it may learn to hunt on its own.

5."Hunt" or "hunting" means pursuing, taking, attempting to take, or killing any game animals, rabbits, and game birds and searching for or attempting to locate or flush any game animals, rabbits, and game birds.

6."Hybrid" means offspring of two distinct raptor species and any progeny of those birds.

7."Imprint", for the purposes of falconry, means a bird that is hand-raised in isolation from the sight of other raptors from two weeks of age until it has fledged and has identified itself with humans rather than its own species. An imprinted bird is considered to be so for its entire lifetime.

8."Licensee" mean a person who has been issued a valid North Dakota falconry license or a license from another state that complies with federal falconry standards.

9."Nonindigenous" means those raptors not listed in the most current birds of North Dakota field checklist.

10."Passage raptors" means first-year raptors capable of sustained flight.

11."Raptor" means a migratory bird of the family accipitridae, excluding bald and golden eagles, falconidae, or strigidae.

12."Replacement bird" means a raptor obtained to replace one which has died in captivity, has escaped, or is released to the wild.

13."Service" means the United States fish and wildlife service.

14."Sponsor" means resident master class licensees or resident general class licensees with at least three years of experience at the general class level. A sponsor may not have more than two apprentices at any one time.

15."Take" or "obtain" means to trap, capture, or acquire by means of transfer a raptor for the purposes of falconry.

16."Wild raptors" means an animal in its original natural state of existence, not domesticated nor cultivated, and is considered to be so for its entire life.

History

• History: Amended effective December 1, 1982; January 1, 2000; January 1, 2013.

N.D. Admin. Code 30-02-02-02 License requirements

1.A valid North Dakota falconry license is required before any resident may take, possess, sell, barter, or transport a raptor for falconry purposes or practice falconry in North Dakota.

2.A nonresident must have a valid falconry license issued by the state or country in which the licensee resides in order to possess or transfer a raptor for falconry purposes or practice falconry in North Dakota. Nonresidents must comply with subsections 6 and 7 of section 30-02-02-04, subsection 5 of section 30-02-02-07, and sections 30-02-02-10 and 30-02-02-15.

3.Any nonresident licensee who wishes to practice falconry in North Dakota must first register on the North Dakota game and fish department website (gf.nd.gov), or through any department office, prior to participating.

4.Nonresident falconers relocating to North Dakota and in possession of a raptor must obtain a state license within one hundred twenty days.

5.If a licensee moves to a new state, tribe, or territory, within thirty days the licensee must inform both the former and the new licensing authority for the new place of residence of the address change.

6.When pursuing, taking, or attempting to take game birds or game animals, the licensee also must have in possession the required hunting license and follow associated season regulations.

Any person who violates subsection 3, 4, or 5 is guilty of a noncriminal offense and shall pay a two hundred dollar fee.

History

• History: Amended effective April 1, 1986; January 1, 2000; January 1, 2013; October 1, 2020.

N.D. Admin. Code 30-02-02-03 Application procedures and duration and cost of licenses

An applicant who wishes to take, possess, sell, barter, or transport a raptor for falconry purposes, or practice falconry as a resident of North Dakota must submit an application for a falconry license to the department.

1.Application forms must be obtained from the department and will include the following information:

a.Applicant's name and permanent home address.

b.Applicant's birth date, social security number, and driver's license number.

c.A list of number, species, age (if known), sex (if known), date of acquisition, and source of raptors already legally held in the applicant's possession.

2.Any applicant who has not possessed a resident North Dakota falconry license within the previous twelve months must also include a brief description of personal experience with the sport of falconry, if any, including the most recent license class and number of years of active experience at that level, the year of the written falconry examination, and the state, province, or country where the most recent license was held.

3.A license is valid when issued by the department and expires on June thirtieth of the third calendar year after it is issued.

4.The application and fee must be received by the department by June fifteenth of the license renewal year.

5.The fee for falconry licenses to individuals under eighteen years of age is fifty dollars.

6.The fee for falconry licenses to individuals eighteen years of age and older is one hundred fifty dollars.

N.D. Admin. Code 30-02-02-04 License conditions

In addition to the general conditions, every license issued shall be subject to the following special conditions:

1.A licensee may not purchase, sell, trade, barter, or receive any compensation for wild raptors.

Wild raptors may only be gifted.

2.A licensee may purchase, sell, trade, or barter any lawfully possessed raptor that is bred in captivity under authority of a federal raptor propagation permit and banded with a numbered seamless metal band. All transactions of this type are subject to additional conditions specified by 50 CFR 21.30.

3.A licensee may not propagate raptors without prior acquisition of a valid federal raptor propagation permit as described in 50 CFR 21.30 and as required by North Dakota Century Code chapters 20.1-09 and 36-01.

4.A licensee may not take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless such licensee submits electronically a form 3-186A (migratory bird acquisition/disposition report) for each bird possessed within five days of acquisition, disposition, or death of the bird (http://permits.fws.gov/186A).

5.A licensee must keep copies of all electronic database submissions of each falconry raptor for five years after the disposition, transfer, loss, or death of the bird.

6.If a raptor is stolen, missing, or lost, the licensee must report the incident to the department and the United States fish and wildlife service regional law enforcement office within twenty-four hours.

7.A license or legible copies of a license must be in the licensee's immediate possession if trapping, transporting, working with, or flying falconry raptors.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

History

• General Authority: NDCC 20.1-14-03, 20.1-02-05

N.D. Admin. Code 30-02-02-05 Classes of licenses

1.Apprentice class.

a.An individual must be at least fourteen years of age to be licensed. If under eighteen years of age, a parent or legal guardian must also sign the application and is responsible for the licensee's activities.

b.Before applying for an apprentice class license, an applicant must first obtain a sponsor, answer correctly at least eighty percent of the questions on an examination administered by the department at the Bismarck office, and pass an equipment and facilities inspection. An apprentice licensee must have a sponsor during the entire apprenticeship.

c.An apprentice must have a letter from the apprentice's sponsor and provide a copy to the department, stating that the sponsor will assist, as necessary, in:

(1)Learning about the general care of and training of raptors held for falconry;

(2)Learning about relevant wildlife laws and regulations; and (3)Deciding what species of raptor is appropriate to possess while an apprentice.

d.An apprentice licensee may only possess a wild-caught American kestrel (falco sparverius) or a wild-caught or nonimprinted captive-bred red-tailed hawk (buteo jamaicensis).

e.An apprentice licensee may not possess more than one raptor at any time and may not obtain more than one replacement bird during the calendar year.

f.An apprentice licensee may not possess a raptor taken from the wild as a nestling.

g.An apprentice licensee may not possess a bird that is imprinted on humans.

2.General class.

a.An individual must be at least eighteen years of age to receive a general class license.

b.An applicant must have at least two years' active experience in the practice of falconry at the apprentice class level, or its equivalent, and experience must include maintaining, flying, and hunting a raptor for at least four months in each year. Falconry school programs or education may not be substituted to shorten the period of two years at the apprentice level.

c.When an apprentice class licensee applies for a general class license, the licensee's sponsor must submit to the department a report that details the applicant's progress in falconry and qualifications and includes a recommendation for the general class license.

d.A general licensee may not possess more than two raptors at any time and may not obtain more than two raptors for replacement birds during any calendar year.

e.A general licensee may not take, transport, or possess any golden eagle, bald eagle, white-tailed eagle, or Stellar's sea-eagle.

f.A general licensee may not take, transport, or possess any wild raptors listed as threatened or endangered in 50 CFR 17, but may transport or possess individuals of such species that are captive-bred, in accordance with 50 CFR 17.

g.A general licensee may possess any other wild raptor species, nonindigenous, captive-bred individuals, and hybrids thereof.

3.Master class.

a.An individual must have at least five years' active experience in the practice of falconry at the general class level, or its equivalent, including maintaining, flying, and hunting raptors for at least four months in each year.

b.A master licensee may not take, transport, or possess any wild raptor species listed as endangered in 50 CFR 17, but may transport or possess individuals of such species that are captive bred, in accordance with 50 CFR 17.

c.A master licensee may not take, in any twelve-month period, more than one raptor listed as threatened in 50 CFR 17, and then only in accordance with 50 CFR 17.

d.A master licensee may not possess more than three raptors at any time and may not obtain more than two raptors for replacement birds during any calendar year.

e.A master licensee may not take, transport, or possess any golden eagle, bald eagle, white-tailed eagle, or Stellar's sea-eagle.

f.A master licensee may possess any other wild raptor species, nonindigenous, captive-bred individuals, and hybrids thereof.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

History

• Law Implemented: NDCC 20.1-14-03; 50 CFR 17; 50 CFR 21.29

N.D. Admin. Code 30-02-02-06 Examination

1.Before a North Dakota apprentice falconry license is issued, the applicant shall be required to answer correctly at least eighty percent of the questions on a supervised examination provided or approved by the service and administered by the department at the Bismarck office, relating to basic biology, care and handling of raptors, literature, laws, regulations, or other appropriate subject matter. An individual has five years from the date of a successful examination to obtain the apprentice license. This requirement does not apply to license renewals under section 30-02-02-03.

2.If a license has lapsed for less than five years, the license will be issued at the level the licensee held previously if proof of certification at that level is provided.

3.If a license has lapsed for five years or more, a licensee must correctly answer at least eighty percent of the questions on an examination administered by the department at the Bismarck office. If the licensee passes the examination, the license may be reinstated at the level previously held. The facilities must pass a facility inspection before the licensee may possess a falconry bird.

4.If the examination is failed, the applicant cannot retake the examination the same day.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

N.D. Admin. Code 30-02-02-07 Facilities and equipment

1.Before a falconry license is issued, the applicant's raptor housing facilities and falconry equipment shall be inspected by a representative of the department and must meet the standards in this section. This requirement does not apply to license renewals under section 30-02-02-03, although each licensee's facilities and equipment shall be open to inspection.

2.Housing facilities. The primary consideration for raptor housing facilities whether indoors (mews) or outdoors (weathering area) is protection from the environment, predators, and undue disturbance. The applicant shall have the following facilities:

a.Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility. If more than one raptor is to be kept in the mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings. There shall be at least one window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can easily be closed. The floor of the mews shall permit easy cleaning and shall be well drained. Adequate perches shall be provided.

b.Outdoor facilities (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the birds from disturbances and attack by predators. The area shall be large enough to ensure that the birds cannot strike any obstacle when flying from the perch. Protection from excessive sun, wind, and inclement weather shall be provided for each bird. Adequate perches shall be provided.

c.Falconry facilities may be on property owned by another person. However, the licensee must provide daily care. Regardless of location, the facilities must meet the facility standards.

d.The licensee must submit a signed and dated statement showing that the licensee or the property owner, if facilities are not on property that the licensee owns, agrees that the falconry facilities, equipment, and raptors may be inspected without advance notice from department authorities at any reasonable hours of the day. Inspections must be in the presence of the licensee.

e.The licensee must inform the department within five business days if the location of the facilities changes.

3.Equipment. The following items shall be in the possession of the applicant before the applicant can obtain a license:

a.Jesses. At least one pair of alymer jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown;

b.Leashes and swivels. At least one flexible, weather-resistant leash and one strong swivel of acceptable falconry design;

c.Bath container. At least one suitable container, two to six inches [5 to 15.25 centimeters] deep and wider than the length of the raptor, for drinking and bathing for each raptor;

d.Outdoor perches. At least one weathering area perch of an acceptable design shall be provided for each raptor; and

e.Weighing device. A reliable scale or balance suitable for weighing the raptor or raptors held and graduated to increments of not more than one-half ounce [15 grams] shall be provided.

4.Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times or license will be subject to revocation.

5.Transportation and temporary housing.

a.A licensee must be sure the birds have a suitable perch and are protected from extreme temperatures, wind, and excessive disturbance when the licensee is transporting it, using it for hunting, or is away from home with it.

b.A licensee may house a raptor in temporary facilities outside of the licensee's permanent facilities when not transporting or using it for hunting for no more than one hundred twenty consecutive calendar days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

c.With a valid falconry license, a falconer may possess and transport for falconry purposes a lawfully possessed raptor through the state. If the raptor will be flown in the state, the licensee must comply with section 30-02-02-10.

d.Inspections. Falconry birds, facilities, equipment, and records may be inspected during business hours on any day of the week by the department.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

History

• General Authority: NDCC 20.1-14-03, 20.1-02-15

N.D. Admin. Code 30-02-02-08 Waiver of examination requirements

Repealed effective January 1, 2013.

N.D. Admin. Code 30-02-02-09 Marking

1.Any wild northern goshawk (accipiter gentilis), Harris's hawk (parabuteo unicinctus), peregrine falcon (falco peregrinus), or gyrfalcon (falco rusticolus) possessed for falconry purposes must be banded only with a permanent, nonreusable, numbered service leg band that the department will supply.

2.A raptor bred in captivity must be banded with a numbered seamless metal band.

3.A raptor taken from the wild may not be banded with a numbered seamless metal band.

4.A raptor may be implanted with an international organization for standardization-compliant (134.2 kHz) microchip in addition to the band.

5.The alteration, counterfeiting, or defacing of a marker is prohibited except that licensees may remove the rear tab on markers and may smooth any imperfect surface provided the integrity of the marker and numbering are not affected.

6.The loss or removal of any band must be reported within five days and the licensee must request a service nonreusable band from the department. The licensee must submit the required information electronically immediately upon rebanding the raptor (http://permits.fws.gov/186A).

7.If a licensee documents health or injury problems for a raptor that are caused by the band, the licensee shall contact the department and request an exemption to the requirement. In that case, the licensee must keep a copy of the exemption paperwork with the licensee when transporting or flying the raptor.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

N.D. Admin. Code 30-02-02-10 Restrictions for taking of raptors from the wild

1.Any licensee interested in obtaining a raptor for falconry purposes must submit a written request to the department indicating the species intended to be taken. The licensee must obtain a permit from the department prior to actual taking, regardless of potential means or source of acquisition. The licensee shall have the permit in the licensee's immediate possession while conducting trapping activities. The time period for the year of take is May fifteenth to January thirty-first.

a.For a nestling, the request must be submitted to the department before May first of the year of take.

b.For passage birds, the request must be submitted to the department after August first of the year of take.

c.An apprentice may capture one wild raptor per calendar year.

d.Master or general class licensees may capture up to two wild raptors per calendar year.

e.Take will be issued on a first-come, first-served basis. If requests for a limited number of species arrive simultaneously, a random draw will occur.

2.Only the following species may be permitted to be taken from the wild: sharp-shinned hawk (accipiter striatus), Cooper's hawk (accipiter cooperii), northern goshawk (accipiter gentilis), red-tailed hawk (buteo jamaicensis), American kestrel (falco sparverius), merlin (falco columbarius), gyrfalcon (falco rusticolus), or prairie falcon (falco mexicanus).

3.Raptors may be taken from the wild only during the following time periods, except that a marked raptor may be retrapped at any time:

a.May fifteenth through July fifteenth; and

b.September first through January thirty-first.

4.Any raptor trapped over one year of age must be released, except American kestrels may be taken when over one year of age and only by apprentice licensees.

5.Eyas raptors may only be taken by resident general or master class licensees. At least one young must be left in the nest or aerie from which a nestling is taken.

6.Any bird captured unintentionally must be released immediately.

7.Any bird injured by a licensee's trapping efforts must be reported to the department staff. The bird will not count against the licensee's allowed take or possession limit but will be deducted from the state's total take for the year.

8.Wild raptors may never be placed on a raptor propagation permit.

9.Wild raptors may be transferred to a nonresident licensee only after the bird has been used in falconry for at least two years.

10.Licensees, prior to trapping a wild raptor on public land, must contact the managing agency for special use permit requirements.

11.A raptor may not be taken at any time or in any manner that violates any law of the state, tribe, or territory on whose land the licensee is trapping.

12.If a licensee gifts a bird taken from the wild to another licensee in the same year it is captured, the bird will count as one of the raptors allowed to be taken from the wild that year by the person who captured it. It will not count as a capture by the recipient, though it will always be considered a wild bird.

13.Raptors removed from the wild for falconry are always considered "wild" raptors, no matter how long such a bird is held in captivity or whether it is transferred to another licensee or license type.

14.Licensees may not acquire raptors from wildlife rehabilitators for use in falconry. If assisting a permitted migratory bird rehabilitator to condition raptors in preparation for their release to the wild, the licensee must meet the department's wildlife rehabilitation rules and facilities standards.

15.A licensee that captures a bird marked for scientific purposes (e.g., marked with a federal bird banding laboratory aluminum band, has any other band, research marking, or has a transmitter attached) must release the bird immediately. Licensees must report the band number and all other relevant information to the federal bird banding laboratory at 1-800-327-2263 and may try to contact the researcher to inform the researcher of the location of the bird.

16.Nonresident falconers may take only passage raptors from the wild and only with written authorization from the department director, and only if in possession of a current North Dakota nonresident hunting license for small game.

a.The nonresident take of wild raptors shall be allowed only in even-numbered calendar years and the total take shall be a single raptor.

b.A request by a nonresident to take a wild raptor will not be accepted by the department until after September first of the same calendar year in which a raptor is to be taken.

c.Nonresident licensees requesting to take a raptor from the wild must have a valid falconry license from a state that allows nonresident take of wild raptors for falconry purposes. A copy of the licensee's state regulations pertaining to allowance of nonresident take of wild raptors must accompany any request to take a raptor from the wild, along with photocopy proof of the falconry license.

d.The fee for a nonresident permit to take a wild raptor is five hundred dollars. 30-02-02-10.1. Restrictions on importation - Hybrids and nonindigenous raptors.

1.Licensees must comply with state board of animal health regulations before importing any raptor, including hybrids, nonindigenous, captive-bred, or wild raptor from another state, territory, or country into North Dakota.

2.The licensee shall provide a copy of all documents, permits, and other statements required by the state board of animal health to the department's veterinarian.

3.When flown free, a hybrid raptor must have at least two attached working radio transmitters and a nonindigenous raptor must have at least one attached working radio transmitter.

N.D. Admin. Code 30-02-02-11 Possession of raptors prior to enactment of rules

1.An individual who possesses a lawfully acquired raptor equal to or less than the number and species allowed under current rules and prior to the enactment of these regulations and meets all previous license requirements shall be allowed to retain the raptors but must comply with new regulations within two years except as allowed under subsection 2. All such birds cannot be replaced if death, loss, release, or escape occurs.

2.An individual who possesses extra raptors prior to the enactment of these rules in excess of the number currently allowed under the individual's class license shall be allowed to retain the extra raptors. No replacement can occur or additional raptor obtained until the number in possession is at least one less than the total number currently authorized.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

N.D. Admin. Code 30-02-02-12 Release of birds to wild

1.Hybrids of any kind, nonindigenous birds, imprinted wild raptors, and captive-bred birds may not be intentionally released to the wild at any time. Any release not reported within twenty-four hours will be deemed intentional.

2.Only wild raptors trapped in North Dakota may be released in North Dakota.

3.A bird may not be retrapped after release.

4.Raptors taken from the wild may be released back to the wild only at an appropriate time of year and an appropriate location, as approved by the department. The falconry band must be removed prior to release and the release of the bird must be reported in the electronic database.

5.Hacking of hybrids and raptors nonindigenous to North Dakota is not allowed. Intentional hacking back to the wild is not allowed.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

N.D. Admin. Code 30-02-02-13 Temporary care by authorized persons

1.Another falconry licensee may care for a raptor or raptors at either licensee's facilities for up to one hundred twenty consecutive calendar days. The licensee providing care must have a signed and dated statement authorizing the temporary possession, plus a copy of United States fish and wildlife service form 3-186A that shows the possessor of each of the raptors.

The statement must include information about the time period for which the licensee will keep the raptors, and about what the licensee is allowed to do with the raptors. If the person caring for the raptors holds the appropriate level falconry license, the licensee caring for the raptors may fly the raptors in whatever way authorized, including hunting. This care of raptors may be extended indefinitely in extenuating circumstances, such as illness, military service, or a family emergency. The department may consider such instances on a case-by-case basis.

2.An individual who does not have a falconry license may care for falconry birds a licensee possesses for up to forty-five consecutive calendar days. The raptors must remain in the licensee's facilities and the individual caring for the raptors may not fly them for any reason.

This care of the raptors may be extended indefinitely in extenuating circumstances, such as illness, military service, or a family emergency. The department may consider such instances on a case-by-case basis.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

N.D. Admin. Code 30-02-02-14 Reporting

The department will periodically require surveys detailing hunting activity for the year or any other falconry-related information requested by the department.

Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred

N.D. Admin. Code 30-02-02-15 Duration and cost of licenses

Repealed effective January 1, 2013. 30-02-02-15.1. Killing of protected species.

1.It is unlawful to hunt protected wildlife species except when properly licensed for the species being hunted and during an open season and as described by the governor's proclamation.

Any licensee whose falconry raptor kills harmless wild birds or game birds as allowed by the governor's proclamation that is out of season or of the wrong species or sex shall leave the dead wildlife where it lies, except that the raptor may feed upon the dead wildlife before leaving the site of the kill. The licensee shall report the kill to the department within twenty-four hours. Kills not reported within twenty-four hours will be deemed a violation.

2.In practicing falconry, licensees must ensure that their activities do not cause the take of federally listed threatened or endangered wildlife. "Take" under the Endangered Species Act means "to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct" (Endangered Species Act § 3(19) [16 U.S.C. 1532(19)]. "Harass" means any act that may injure wildlife by disrupting normal behavior, including breeding, feeding, or sheltering, and harm or an act that actually kills or injures wildlife [50 CFR 17.3]. To obtain information about threatened or endangered species contact the United States fish and wildlife service ecological services field office in Bismarck.

3.A licensee must report a take of any federally listed threatened or endangered species within twenty-four hours to the United States fish and wildlife service ecological services field office in Bismarck.

N.D. Admin. Code 30-02-02-16 Other restrictions and provisions

1.Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by licensees only for imping (replacing a damaged feather with a molted feather) purposes. Feathers may not be bought, sold, or bartered between licensees.

Feathers not kept for imping must be destroyed (burned or buried) or the feathers may be donated to a person or institution with a valid permit to have them.

2.The carcasses of falconry birds that die must be burned, buried, or otherwise destroyed within ten days of the death of the bird or after final examination by a veterinarian to determine cause of death.

3.The department may request that any master class licensee voluntarily serve, for an indefinite period, as a representative to administer examinations under section 30-02-02-06, to conduct inspections of facilities and equipment (see section 30-02-02-07), and to provide general counsel on falconry issues.

4.A general or master licensee may conduct conservation education activities but no live wild raptors held under authority of a falconry license may be used in the presentation. The licensee may not be paid for the presentation. The presentation must address conservation education, including the biology, ecological roles, and conservation needs of raptors and other migratory birds, and general rules and regulations of falconry. The licensee is responsible for all liability associated with conservation education programs the licensee undertakes.

5.A licensee may allow photography, filming, or other such uses of captive-bred falconry raptors to make movies or other sources of information on the practice of falconry or on the biology, ecological roles, and conservation needs of raptors and other migratory birds, though the licensee may not be paid for doing so and no live wild raptors held under authority of a falconry license may be used.

a.A licensee may not use falconry raptors to make movies or commercials or in other commercial ventures that are not related to falconry.

b.A licensee may not use falconry raptors for entertainment; advertisements; promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs; or as a representation of any business, company, corporation, or other organization.

6.Any licensed falconer wishing to use the falconer's captive-bred birds for abatement for commercial purposes must send a written request to the department and will be evaluated on a case-by-case basis. The licensee must possess a special purpose abatement permit from the service. Monetary compensation may not be accepted by falconers conducting abatement activities.

7.A surviving spouse, executor, administrator, or other legal representative of a deceased falconry licensee may transfer any bird held by the licensee to another authorized licensee within ninety days of the death of the falconry licensee. After ninety days, disposition of a bird held under the license is at the discretion of the department.

8.A visitor to the United States and practicing falconry in North Dakota must comply with the same restrictions for nonresident falconers and obtain the appropriate nonresident hunting licenses. The visitor may use any bird the visitor possesses legally in the visitor's country of residence, provided import of that species to the United States is not prohibited, and that proper importation permits to bring a raptor into the United States and North Dakota have been obtained. When flown free, any bird brought into this country must have two attached working radio transmitters.

9.A visitor to the United States may qualify for a temporary North Dakota falconry license appropriate for the visitor's experience. The visitor must answer correctly at least eighty percent of the questions on an examination administered by the department at the Bismarck office, and pass an equipment and facilities inspection. A holder of a temporary license may not take a bird from the wild to use in falconry. The temporary license fee shall be the same as for falconry licenses under section 30-02-02-03.

Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred

N.D. Admin. Code 30-02-02-17 Penalties

Violation of any rule not designated as having a noncriminal penalty is considered a criminal violation as established in North Dakota Century Code title 20.1.

History

• General Authority: NDCC 20.1-02-04(22), 20.1-02-05(22), 20.1-14-03

Chapter 30-02-03 Operation of Private Game Bird Shooting Preserves

N.D. Admin. Code 30-02-03-01 Lease required

If the applicant is not the owner of the land, a copy of any lease of lands contained in the shooting preserve area must be filed with the application.

History

• History: Amended effective December 1, 1982.
• Law Implemented: NDCC 20.1-12-02

N.D. Admin. Code 30-02-03-02 Location of preserve

No shooting preserve operating permit shall be issued for any area less than one mile [1.61 kilometers] from the exterior boundaries of a planned or approved state or federal wildlife area, public hunting ground or refuge which is managed in whole or in part for game birds indigenous to the area.

History

• Law Implemented: NDCC 20.1-12-02

N.D. Admin. Code 30-02-03-03 Application and fees

The application must be made at least sixty days before the desired effective date of the permit, and may be made by the applicant, the applicant's agent, or the applicant's attorney in such a form as the director may prescribe. If leased land is used in the shooting preserve, the application must be accompanied by a surety bond of two thousand dollars. The permit expires on June thirtieth following the date of issuance. Renewal may be granted annually upon payment of the proper fee and renewal of any surety bond that may have expired or shall expire before the end of the next permit term.

History

• History: Amended effective September 1, 1987; April 1, 2006.
• Law Implemented: NDCC 20.1-03-12, 20.1-12-02

N.D. Admin. Code 30-02-03-04 Prerequisites. 30-02-03-04.1. Maximum area of shooting preserve

Except for permitted shooting preserves operating prior to January 1, 2009, no individual, corporation, or business association may operate or own any interest in one or more shooting preserves with a comprised total of more than six hundred forty acres.

History

• History: Effective April 1, 2009.

N.D. Admin. Code 30-02-03-05 Number of game birds released

A minimum of one hundred birds of each species permitted to be hunted on the shooting preserve shall be released during the shooting preserve season. Fewer birds may be released upon written permission of the director.

History

• History: Amended effective December 1, 1982; April 1, 2006; April 1, 2009.
• Law Implemented: NDCC 20.1-12-04

N.D. Admin. Code 30-02-03-06 Rearing game birds

Repealed effective April 1, 2006.

N.D. Admin. Code 30-02-03-07 Operation of shooting preserve

N.D. Admin. Code 30-02-03-08 Quality of birds

All game birds shall be of high quality stock, fully feathered, and not less than twelve weeks of age at time of stocking. They shall not be debeaked more than a quarter-inch [6.35 millimeters], and not less than two weeks prior to release.

N.D. Admin. Code 30-02-03-09 Birds to remain unharvested

Repealed effective September 1, 1987.

N.D. Admin. Code 30-02-03-10 Season length

N.D. Admin. Code 30-02-03-11 Hunting wild upland game birds

If a species of wild upland game bird other than those allowed by the shooting preserve operator's permit is taken by any hunter out of season, or by a hunter not in possession of a proper small game stamp when in season as proclaimed by the governor's proclamation, a violation of the game laws will have occurred. It is the duty of the shooting preserve operator to report to the director or the director's representative any violation of a game law occurring on the shooting preserve. Wild waterfowl may only be taken in a manner conforming to federal regulations.

History

• History: Amended effective September 1, 1987; April 1, 2006.

N.D. Admin. Code 30-02-03-12 Cost of game bird tags

Repealed effective April 1, 2006.

N.D. Admin. Code 30-02-03-13 Report required

The shooting preserve operator shall submit a report of the operator's operations thirty days after each shooting preserve season. The report shall be made on forms furnished by the game and fish director.

History

• History: Amended effective December 1, 1982; April 1, 2006.
• Law Implemented: NDCC 20.1-12-07

N.D. Admin. Code 30-02-03-14 Sale of surplus game birds

Game birds which are surplus to the needs of the shooting preserve may be sold by the operator under the operator's game propagator's permit. Carcasses of birds to be disposed of must be tagged with a tag as required in North Dakota Century Code section 20.1-09-05. The tag shall be separate and distinct from the tag used for birds taken on the shooting preserve. Tags for bird carcasses may be obtained from the director at a cost of ten cents each. Live birds may be sold only to another licensed shooting preserve operator or to a person holding a permit to propagate game birds. Accurate records of such sales must be kept.

History

• History: Amended effective April 1, 2006.

N.D. Admin. Code 30-02-03-15 Revocation of permit

N.D. Admin. Code 30-02-03-16 Violations are noncriminal

Any person who violates any section of this chapter is guilty of a noncriminal offense and shall pay a fifty dollar fee.

History

• History: Effective April 1, 1986.
• General Authority: NDCC 20.1-02-05(24)
• Law Implemented: NDCC 20.1-02-05(24)

N.D. Admin. Code 30-02-03-17 Recordkeeping requirements

The shooting preserve operator shall maintain records of bird releases to include date, number, and species; clients; the number of birds harvested both wild and released per client; number of wild birds kept per client; the total number of wild birds harvested; and the combined total of all birds harvested.

At no time may the total number of birds harvested, excluding birds taken pursuant to a lawful season, exceed the number of birds that have been released in the current season. The total of wild birds kept by clients may not at any time exceed twenty-five percent of the total wild birds harvested. Other than those wild birds allowed to be retained by a client, the shooting preserve operator shall deliver to the department all wild birds harvested. The operator may comply with this requirement by freezing the birds at the operator's own premises and notifying the district game warden for the operator's area that the birds are available for pickup. Those birds stored shall be labeled by date killed and name of client harvesting the bird. All birds, including wild birds, harvested and kept by clients must be tagged as required by this chapter.

History

• History: Effective April 1, 2006.
• Law Implemented: NDCC 20.1-12-06

Chapter 30-02-04 Plugging or Tagging North American Wild Sheep Horns and Trophy Heads

N.D. Admin. Code 30-02-04-01 Requirements for plugging or tagging North American wild sheep horns and trophy heads

Any North American wild sheep horns or trophy heads, which have not been previously tagged or plugged, must be delivered to the North Dakota game and fish department's central office in Bismarck, North Dakota. The game and fish department will provide a department-approved plug and perform the installation.

Individuals who make a prior appointment shall have their wild sheep horns plugged and returned to them immediately. The game and fish department may hold the horns of any North American wild sheep for up to thirty days if prior appointment has not been made.

History

• History: Effective June 1, 1992.
• General Authority: NDCC 20.1-02-26
• Law Implemented: NDCC 20.1-02-26

N.D. Admin. Code 30-02-04-02 Penalties

No person may possess North American wild sheep horns or the trophy head from which the identifying tag or plug has been removed. Any person who violates this section is guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee.

History

• History: Effective June 1, 1992.
• General Authority: NDCC 20.1-02-26
• Law Implemented: NDCC 20.1-02-26, 20.1-01-30(3)

Chapter 30-02-05 Elk License Raffle [Repealed]

N.D. Admin. Code 30-02-05 Elk License Raffle [Repealed]

CHAPTER 30-02-05

ELK LICENSE RAFFLE [Repealed effective October 1, 2017]

Chapter 30-02-06 Moose License Raffle [Repealed]

N.D. Admin. Code 30-02-06 Moose License Raffle [Repealed]

CHAPTER 30-02-06

MOOSE LICENSE RAFFLE [Repealed effective October 1, 2017]

Chapter 30-02-07 Mule Deer License Raffle [Repealed]

N.D. Admin. Code 30-02-07 Mule Deer License Raffle [Repealed]

CHAPTER 30-02-07

MULE DEER LICENSE RAFFLE [Repealed effective October 1, 2017]

Chapter 30-02-08 Antelope License Raffle [Repealed]

N.D. Admin. Code 30-02-08 Antelope License Raffle [Repealed]

CHAPTER 30-02-08

ANTELOPE LICENSE RAFFLE [Repealed effective October 1, 2017]

Chapter 30-02-09 Elk License Raffle [Repealed]

N.D. Admin. Code 30-02-09 Elk License Raffle [Repealed]

CHAPTER 30-02-09

ELK LICENSE RAFFLE [Repealed effective October 1, 2017]

Chapter 30-02-10 License Raffles and Auctions

N.D. Admin. Code 30-02-10-01 Procedures and conditions

Before printing or distributing any raffle tickets, any organization that receives any license in accordance with North Dakota Century Code chapter 20.1-05.1-02, shall submit to the director an application on forms provided by the department. This application form must be received by the department by January first of the year that the license is intended to be used. Any raffle must be organized and conducted in accordance with North Dakota Century Code chapter 53-06.1 and North Dakota Administrative Code article 99-01.3.

History

• History: Effective October 1, 2017.
• General Authority: NDCC 20.1-05.1-02
• Law Implemented: NDCC 20.1-05.1-02

N.D. Admin. Code 30-02-10-02 Procedures and conditions, spring wild turkey licenses - Nonprofit organizations; special allocation hunting license authorization

1.In addition to the allocation provided by subsection 2 of North Dakota Century Code section 20.1-05.1-01, the director shall issue two additional spring wild turkey licenses and permits to hunt wild turkeys to individuals residing in North Dakota who are selected by the national wild turkey federation. All requirements contained within subsection 2 of North Dakota Century Code section 20.1-05.1-01 and North Dakota Administrative Code section 30-02-10-01 apply to this additional allocation of two spring wild turkey licenses.

2.In addition to the allocation provided by subsection 3 of North Dakota Century Code section 20.1-05.1-01, the director shall issue two additional spring wild turkey licenses and permits to hunt wild turkeys to individuals residing in North Dakota who are selected by the outdoor adventure foundation. All requirements contained within subsection 3 of North Dakota Century Code section 20.1-05.1-01 and North Dakota Administrative Code section 30-02-10-01 apply to this additional allocation of two spring wild turkey licenses.

History

• History: Effective October 1, 2017.
• General Authority: NDCC 20.1-05.1-01
• Law Implemented: NDCC 20.1-05.1-01, 20.1-04-07.1

N.D. Admin. Code 30-02-10-03 Accounting statement

Any organization that receives a license in accordance with North Dakota Century Code sections 20.1-04-07.1, 20.1-05.1-01, and 20.1-05.1-02 shall provide the director a detailed accounting statement, completed on a standardized form provided by the department, by December thirty-first of the license season. At a minimum, this statement must include information regarding raffle or auction expenses, gross and net raffle or auction income, number of raffle tickets sold and unsold, as well as a statement certifying that no more than ten percent of the gross raffle or auction proceeds were used to promote the raffle or auction.

History

• History: Effective October 1, 2017; amended effective October 1, 2020.
• General Authority: NDCC 20.1-04-07.1, 20.1-05.1-01, 20.1-05.1-02
• Law Implemented: NDCC 20.1-04-07.1, 20.1-05.1-01, 20.1-05.1-02

N.D. Admin. Code 30-02-10-04 Performance report

Any organization that receives a license in accordance with North Dakota Century Code section 20.1-05.1-02 shall provide the director a performance report, completed on a standardized form provided by the department, by December thirty-first of the license season. At a minimum, the report must include information regarding:

1.The conservation-related projects funded, in this state, with at least ten percent of the net proceeds of the raffle or auction. Supporting documentation may be requested by the department.

2.Any unspent amount of the ten percent net proceeds must be submitted to the department with the report. An exception may be granted by the director to carryover unspent funds for one year.

History

• History: Effective October 1, 2017; amended effective October 1, 2020.
• General Authority: NDCC 20.1-04-07.1, 20.1-05.1-01, 20.1-05.1-02
• Law Implemented: NDCC 20.1-04-07.1, 20.1-05.1-01, 20.1-05.1-02

Article 30-03 Fishery Management

Chapter 30-03-01 Bait Vendors [Repealed]

N.D. Admin. Code 30-03-01 Bait Vendors [Repealed]

ARTICLE 30-03

FISHERY MANAGEMENT

Chapter 30-03-01Bait Vendors [Repealed] 30-03-01.1Bait Vendors 30-03-02Private Fish Hatcheries 30-03-03Construction and Use of Fishhouses for Winter Fishing 30-03-04Commercial Frog Licenses 30-03-05Fishing Contests 30-03-06Aquatic Nuisance Species

CHAPTER 30-03-01

BAIT VENDORS [Repealed effective April 1, 2008]

Chapter 30-03-01.1 Bait Vendors

N.D. Admin. Code 30-03-01.1 Bait Vendors

CHAPTER 30-03-01.1

BAIT VENDORS

Section 30-03-01.1-01License Required to Be Displayed 30-03-01.1-02Bait Definitions 30-03-01.1-03Legal Live Aquatic Bait Species Permitted 30-03-01.1-04License Limitations 30-03-01.1-05Assistants Covered by License 30-03-01.1-06Quantity Requiring License 30-03-01.1-07Equipment for Holding and Transport 30-03-01.1-08Interstate Transport 30-03-01.1-09Transportation of Bait With Aquatic Vegetation Within the State [Repealed] 30-03-01.1-10Transportation of Bait in Water Within the State 30-03-01.1-11Stocking 30-03-01.1-12Equipment for Taking Legal Live Aquatic Bait 30-03-01.1-13Prohibited Waters for Taking Legal Live Aquatic Bait 30-03-01.1-14Wholesale Bait Pond 30-03-01.1-15Inspections and Records 30-03-01.1-16Violations and Penalties 30-03-01.1-01. License required to be displayed.

All licenses must be publicly displayed on the business premises. Business names must be displayed on both sides of any vehicle used to transport live bait. Any bait vendor who violates this

section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History: Effective April 1, 2008; amended effective April 1, 2009; October 1, 2010. 30-03-01.1-02. Bait definitions.

Refer to the current fishing proclamation for legal live aquatic bait definitions.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2018, April 1, 2024. 30-03-01.1-03. Legal live aquatic bait species permitted.

A licensee may possess only legal live aquatic bait. Other species caught while seining or trapping must be returned to the water immediately.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2018. 30-03-01.1-04. License limitations.

Retail or wholesale bait vendor licenses are issued for a calendar year to one person only. An individual may be issued only one wholesale license per calendar year. The holder of a retail bait vendor license may sell legal live aquatic bait at retail only, at one specified selling location per license.

A wholesale bait vendor may only sell legal live aquatic bait to licensed bait vendors or for permitted private fish pond stocking. A person licensed as a wholesaler in any state may not act as an assistant under a North Dakota wholesaler license. Any bait vendor who violates this section is guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee. Violations of state or federal game or fish laws may result in license denial, suspension, or revocation. 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 may not receive a wholesale bait vendor license. As used in this

rule, "conviction" means a finding of guilt, a guilty plea, a plea of no contest, a plea of no lo contendere, a judgment of conviction even though the court suspended execution of a sentence in accordance with subsection 3 of North Dakota Century Code section 12.1-32-02, or a deferred imposition of sentence in accordance with subsection 4 of North Dakota Century Code section 12.1-32-02 or an equivalent statute. The term does not include a finding of guilt which is reversed on appeal.

History: Effective April 1, 2008; amended effective April 1, 2009; October 1, 2010; January 1, 2014;

January 1, 2018; October 1, 2020; April 1, 2023. 30-03-01.1-05. Assistants covered by license.

A licensed wholesale bait vendor may employ the assistance of up to six other persons to capture or sell and transport legal live aquatic bait in the manner approved by the director. Assistants can only be listed on one valid licensed wholesale bait vendor application per calendar year. It is the licensee's responsibility to ensure all assistants possess a copy of the license. All assistants must have a copy of the license, paper or electronic form, in their possession. The licensee is responsible for the actions of employees, including all agents or assistants acting under the licensee's license. 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 may not act as an assistant. Anyone who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2018; October 1, 2020; 30-03-01.1-06. Quantity requiring license.

A retail or wholesale license is required for the possession of more than the limits described in the current fishing proclamation of legal live aquatic bait.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2018. 30-03-01.1-07. Equipment for holding and transport.

Persons commercializing in or transporting legal live aquatic bait shall use equipment capable of maintaining such live bait in a healthy and lively condition at all times, except for rainbow smelt which must be killed immediately after capture. Each species of legal live aquatic bait must be kept separate from other species of legal live aquatic bait in holding and transport equipment. The premises and equipment of all persons commercializing in legal live aquatic bait shall be open to the inspection of the director or any of the director's duly appointed agents at any time. Equipment used for transporting legal live aquatic bait into or within the state must be free of aquatic nuisance species. Water used to transport legal live aquatic bait into the state must be from a potable or ground water (well) source and shall not contain any aquatic vegetation. Retail bait vendors must keep all aquatic vegetation and aquatic nuisance species out of bait tanks at their point of sale. Any bait vendor who violates this

section is guilty of a noncriminal offense and shall pay a two hundred dollar fee.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2014; January 1, 2018.

General Authority: NDCC 20.1-06-14, 20.1-17-01

Law Implemented: NDCC 20.1-06-14, 20.1-17-01, 20.1-17-06 30-03-01.1-08. Interstate transport.

Only the following legal live aquatic bait may be imported into the state and only with a permit issued by the director and in the manner approved by the director: white suckers, creek chubs, and leeches. It is illegal to import all other live aquatic bait. It is illegal to export live aquatic bait out of the state except with a permit issued by the director and only in the manner approved by the director. It is illegal to transport live aquatic bait through the state except with a permit issued by the director and only in the manner approved by the director. Permit applications must be received by the director a minimum of forty-eight hours prior to any planned import or export of legal live aquatic bait.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2014; January 1, 2018;

General Authority: NDCC 20.1-02-05(22), 20.1-06-01, 20.1-06-14

Law Implemented: NDCC 20.1-02-05(22), 20.1-06-01, 20.1-06-14 30-03-01.1-09. Transportation of bait with aquatic vegetation within the state.

Repealed effective October 1, 2010. 30-03-01.1-10. Transportation of bait in water within the state.

It is illegal to transport aquatic bait in water within the state except with an appropriate license or permit issued by the director and only in the manner approved by the director. Any bait vendor who violates this section is guilty of a noncriminal offense and shall pay a two hundred dollar fee.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2018.

General Authority: NDCC 20.1-17-01

Law Implemented: NDCC 20.1-17-01, 20.1-17-06 30-03-01.1-11. Stocking.

Stocking of any live fish, live fish eggs, live amphibians, or other live aquatic organism into any waters of the state shall be illegal except with the appropriate license or permit issued by the director.

History: Effective April 1, 2008; amended effective October 1, 2010.

General Authority: NDCC 20.1-02-05(22), 20.1-06-01, 20.1-06-14

Law Implemented: NDCC 20.1-02-05(22), 20.1-06-01, 20.1-06-14 30-03-01.1-12. Equipment for taking legal live aquatic bait.

A person possessing only a retail license may take legal live aquatic bait with a seine not exceeding twenty-five feet [7.62 meters] in length and six feet [1.83 meters] in depth. Mesh size may not exceed one-half inch [12.7 millimeters] square measure.

A licensed retailer may use traps not larger than thirty inches [76.2 centimeters] in length and twelve inches [30.48 centimeters] in diameter. Mesh size of traps may not exceed one-half inch [12.7 millimeters] square measure and the throat opening of traps may not exceed three inches [7.62 centimeters] in diameter or width. The owner's name, city, and telephone number or the customer equipment registration number issued by the department must be attached to the fish trap.

A person possessing the appropriate wholesale license may take legal live aquatic bait with a seine not exceeding two hundred fifty feet [76.2 meters] in length and fourteen feet [4.27 meters] in depth.

Mesh size may not exceed one-half inch [12.7 millimeters] square measure. A tag issued by the department must be affixed to each seine used by the licensee.

A licensed wholesaler may use traps not larger than seven feet [2.13 meters] in any dimension.

Mesh size may not exceed one-half inch [12.7 millimeters] square measure and the throat opening of traps may not exceed three inches [7.62 centimeters] in diameter or width. A valid tag issued by the department must be attached to the top of each trap. Only one current valid tag may be attached to the trap.

Hand-held dip nets are legal equipment for retail and wholesale bait vendors. There are no size restrictions for dip nets.

Any bait vendor who violates this section is guilty of a noncriminal offense and shall pay a two hundred dollar fee.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2014; January 1, 2018;

April 1, 2024.

Law Implemented: NDCC 20.1-06-04 30-03-01.1-13. Prohibited waters for taking legal live aquatic bait.

Licensees shall not be permitted to take legal live aquatic bait from the following:

1.Waters managed as recreational fisheries (except the Missouri River system where rainbow smelt may be taken) without a permit issued and, in the manner, approved by the director;

2.Waters designated by the department as infested with prohibited or regulated aquatic nuisance species (except the Missouri River system where rainbow smelt may be taken);

3.The United States fish and wildlife service's wildlife development areas, waterfowl production areas, or refuges;

4.The department's wildlife management areas (except the Missouri River system where rainbow smelt may be taken); or

5.Any waters that have been licensed as a private fish hatchery in the past three years.

Any bait vendor who violates this section is guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2014; January 1, 2018;

General Authority: NDCC 20.1-06-14, 20.1-17-01

Law Implemented: NDCC 20.1-06-04, 20.1-17-01, 20.1-17-06 30-03-01.1-14. Wholesale bait pond.

The term "wholesale bait pond" means any pond used to take legal live aquatic bait for wholesale.

A legal description, to the quarter section, of each wholesale bait pond must be listed on the wholesaler's pond application form and all ponds must be approved by the director prior to trapping.

The maximum number of approved legal descriptions for ponds from which a wholesale bait vendor may trap annually is fifty. Any bait vendor who violates this section is guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee.

History: Effective April 1, 2008; amended effective April 1, 2009; October 1, 2010; January 1, 2018;

October 1, 2020. 30-03-01.1-15. Inspections and records.

Equipment used to capture, transport, or hold, and shipments of, legal live aquatic bait are subject to inspections by duly appointed agents of the director.

For all retail vendors, each licensee shall keep current receipts of purchase at the retail licensee's point of sale for the calendar year in which they are licensed. Purchase receipts must be open to inspection by the department.

For all wholesale vendors, each licensee trapping, seining, or purchasing legal live aquatic bait for sale must accurately complete forms furnished by the department. Each wholesale licensee shall keep current, within a month, records at the wholesaler licensee's permanent business address. Records must be open to inspection by the department. A copy of these records for the calendar year shall be submitted to the director no later than ninety days following expiration of the license. A new wholesale bait vendor license may not be issued until records are submitted to the department.

Any bait vendor who violates this section is guilty of a noncriminal offense and shall pay a two hundred dollar fee.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2014; January 1, 2018; 30-03-01.1-16. Violations and penalties.

Violation of any rule not designated as having a noncriminal penalty is considered a criminal violation as established in the appropriate chapter of North Dakota Century Code title 20.1.

History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2018.

General Authority: NDCC 20.1-02-05(22)

Law Implemented: NDCC 20.1-02-05(22)

Chapter 30-03-02 Private Fish Hatcheries

N.D. Admin. Code 30-03-02-01 Private fish hatchery

N.D. Admin. Code 30-03-02-02 Fishpond

A "fishpond" as referred to in this chapter shall mean a private fish hatchery holding fish for public fishing for a fee.

N.D. Admin. Code 30-03-02-03 License required. 30-03-02-03.1. License required

Only one private fish hatchery license may be issued per individual each calendar year.

History

• History: Effective April 1, 2009.

N.D. Admin. Code 30-03-02-04 Species authorized

The game and fish director will publish a list of fish species that may be authorized for raising or holding in a licensed fish hatchery. Such list may be amended from time to time at the discretion of the game and fish director.

History

• History: Amended effective September 1, 1989; November 1, 1990; October 1, 1991.

N.D. Admin. Code 30-03-02-05 Sale of fish

An operator of a licensed fish hatchery may sell fish owned or raised for market or for stocking other waters. The operator also may operate the operator's fish hatchery as a fishpond and may sell fish caught from the pond by fee-paying anglers. Live fish purchased for stocking private ponds may be transported only if a bill of sale from the vendor accompanies the load of fish.

N.D. Admin. Code 30-03-02-06 Transportation

Transportation of authorized fish stock into, out of, or within the state by a licensed hatchery operator in a private fish hatchery may be done only with a permit issued by the director and only in the manner approved by the director. All fish stock entering the state must be accompanied by disease-free certification and a bill of sale from the vendor. Disease-free certification will be species specific as warranted by the department.

N.D. Admin. Code 30-03-02-07 Receipts

The holder of a private fish hatchery license shall furnish to each person purchasing fish from the hatchery a written receipt giving the number, length, and species of the fish purchased, retaining a copy of the receipt for a permanent record to be retained at the hatchery.

N.D. Admin. Code 30-03-02-08 State fishing license not required

N.D. Admin. Code 30-03-02-09 Fish hatchery certificates

Fish taken from a licensed fish hatchery used as a fishpond may be possessed, shipped, or transported within North Dakota in the same manner as fish taken by a resident under a resident fishing license, with a certificate from the owner or operator of the fishpond giving the hatchery license number, the date the fish was taken, and the number and species of the fish.

N.D. Admin. Code 30-03-02-10 Use of seines and nets

The operator of a licensed fish hatchery may use seines and nets in the operator's hatchery operation if the equipment is authorized by the director of the game and fish department. Tags, issued with the authorization for each piece of equipment, must be attached to the equipment.

N.D. Admin. Code 30-03-02-11 Removal from ponds

Fish which has been stocked by a licensed hatchery operator for private, nonhatchery use in private ponds may be removed by angling with hook and line, or may be removed by a licensed fish hatchery operator possessing authorization from the director of the game and fish department to do so.

The maximum number of ponds from which a fish hatchery operator may contract to remove fish is twenty ponds.

N.D. Admin. Code 30-03-02-12 Equipment for transport

All equipment used for transporting fish to and from a private fish hatchery must be free of aquatic vegetation and aquatic nuisance species and all equipment is subject to periodic inspection by a duly appointed agent of the director.

History

• History: Effective April 1, 2008.
• General Authority: NDCC 20.1-17-01
• Law Implemented: NDCC 20.1-17-01, 20.1-17-06

N.D. Admin. Code 30-03-02-13 Illegal waters for private fish hatcheries

Private fish hatcheries shall not be permitted on the following:

1.Waters managed as recreational fisheries;

2.Waters designated by the department as infested with prohibited or regulated aquatic nuisance species;

3.The department's wildlife management areas; or

4.The United States fish and wildlife service's wildlife development areas, waterfowl production areas, or refuges.

History

• History: Effective April 1, 2008.
• General Authority: NDCC 20.1-17-01
• Law Implemented: NDCC 20.1-17-01, 20.1-17-05, 20.1-17-06

N.D. Admin. Code 30-03-02-14 Violations and penalties

Any private fish hatchery that violates any section of this chapter is guilty of a noncriminal offense and shall pay a one hundred dollar fee. The violation may result in license revocation. Violations may be the basis of administrative action up to and including license revocation or suspension.

History

• History: Effective April 1, 2009.

Chapter 30-03-03 Construction and Use of Fishhouses for Winter Fishing

N.D. Admin. Code 30-03-03-01 License procurement

Repealed effective December 1, 1982.

N.D. Admin. Code 30-03-03-02 Use

Repealed effective December 1, 1982.

N.D. Admin. Code 30-03-03-03 Construction

Any structure used as a fish house or dark house, to include campers, that is required to have the owner's name and address or telephone number or a registration number issued by the department for the fish house inscribed on it, shall be constructed of material that will allow it to float and be readily removable from the ice at any time.

October 1, 2017.

History

• History: Amended effective September 1, 1993; April 1, 2006; April 1, 2009; January 1, 2014;

N.D. Admin. Code 30-03-03-04 Location

Fishhouses may be placed no closer than fifty feet [15 meters] to each other in any direction and fish holes outside of any fishhouse may not be placed closer than ten feet [3 meters] from any fishhouse without consent of the fishhouse occupant.

History

• History: Amended effective April 1, 2006.

N.D. Admin. Code 30-03-03-05 Open when in use

Fishhouses, when in use, shall be open for inspection.

History

• History: Amended effective October 1, 2020.

N.D. Admin. Code 30-03-03-06 Violations are noncriminal

Any person who violates any section of this chapter is guilty of a noncriminal offense and shall pay a twenty-five dollar fee.

History

• History: Effective April 1, 1986.
• General Authority: NDCC 20.1-02-05(24)
• Law Implemented: NDCC 20.1-02-05(24)

Chapter 30-03-04 Commercial Frog Licenses

N.D. Admin. Code 30-03-04-01 Use limited

Repealed effective December 1, 1982.

N.D. Admin. Code 30-03-04-02 Equipment

Frogs may be taken by handheld contrivances only. The use of traps, seines, dug trenches, and bait shall be illegal at all times.

History

• General Authority: NDCC 20.1-06-17
• Law Implemented: NDCC 20.1-06-17

N.D. Admin. Code 30-03-04-03 Annual report

Each licensee shall furnish a report to the commissioner by January first, of the number of frogs taken, manner in which they were taken, where they were taken, and the disposition. Failure to so report shall make the licensee ineligible to apply for a commercial frog license for a period of three years.

History

• General Authority: NDCC 20.1-06-17
• Law Implemented: NDCC 20.1-06-17

N.D. Admin. Code 30-03-04-04 Violations are noncriminal

Any person who violates any section of this chapter is guilty of a noncriminal offense and shall pay a twenty-five dollar fee.

History

• History: Effective April 1, 1986.
• General Authority: NDCC 20.1-02-05(24)
• Law Implemented: NDCC 20.1-02-05(24)

Chapter 30-03-05 Fishing Contests

N.D. Admin. Code 30-03-05-01 Fishing contest defined

N.D. Admin. Code 30-03-05-02 Organizations eligible

N.D. Admin. Code 30-03-05-03 Use of proceeds

N.D. Admin. Code 30-03-05-04 Application

A fishing contest application must include the name of the organization sponsoring the contest, organization nonprofit or for-profit status designation, name of a person or persons responsible for organizing and conducting the fishing contest, location of the waters where the contest is to be held, the dates of the contest, the number of participants and watercraft (e.g. boats) expected for the contest, the amount of the entry fee, the recipient of the conservation fee (if applicable), and a copy of the tournament regulations.

History

• History: Effective March 1, 1984; amended effective May 1, 1994; April 1, 2009; April 1, 2024.
• Law Implemented: NDCC 20.1-02-05(20)

N.D. Admin. Code 30-03-05-05 Fishing contest rules and regulations

1.In a watercraft (e.g. boats) tournament, the committee or sponsors shall provide launching loading assistance to tournament participants and must provide all participants with contacts and telephone numbers in case of an emergency.

2.The North Dakota game and fish department may add further tournament regulation restrictions if deemed necessary.

3.Fishing contests for all game and nongame fish, with the exception of paddlefish, sturgeon (pallid, shovelnose, and lake), and zander are allowable.

October 1, 2010; April 1, 2024.

History

• History: Effective March 1, 1984; amended effective May 1, 1994; January 1, 2000; April 1, 2009;
• Law Implemented: NDCC 20.1-02-05(20)

N.D. Admin. Code 30-03-05-06 Reasons for denying permits

N.D. Admin. Code 30-03-05-07 Post-contest report required

N.D. Admin. Code 30-03-05-08 Penalty

Any fishing contest applicant that violates any section of this chapter is guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee.

History

• History: Effective October 1, 2010.
• Law Implemented: NDCC 20.1-02-05(22)

Chapter 30-03-06 Aquatic Nuisance Species

N.D. Admin. Code 30-03-06-01 Equipment

Upon entering or leaving any water body or while in transit, all watercraft, watercraft motors, watercraft trailers, docks, boatlifts, and recreational and commercial equipment used in fishing, hunting, and watercrafting or construction must be free of prohibited or regulated aquatic nuisance species, as defined in the state's aquatic nuisance species list. Any person in violation is guilty of a class B misdemeanor under North Dakota Century Code section 20.1-17-09.

All equipment is subject to inspection by a North Dakota game and fish department employee. Any inspected equipment that is not free of prohibited or regulated aquatic nuisance species may not enter any waters of the state until approved by the department. Any person in violation is guilty of a class B misdemeanor under North Dakota Century Code section 20.1-17-09.

All commercial barges and ferries or construction-related equipment traveling into the state or for which the vessel's last exit was from a class 1 infested water body must be certified free of aquatic nuisance species by the department before entering into a water of the state. Any person in violation is guilty of a class B misdemeanor under North Dakota Century Code section 20.1-17-09.

All docks, lifts, and related equipment must be dried and left out of the water for at least twenty-one days before they may be placed in another water.

History

• History: Effective April 1, 2008; amended effective October 1, 2020; April 1, 2023; April 1, 2024.
• Law Implemented: NDCC 20.1-17-04

N.D. Admin. Code 30-03-06-02 Aquatic vegetation definition

Aquatic vegetation includes all obligate submergent species of aquatic plants.

N.D. Admin. Code 30-03-06-03 Aquatic vegetation prohibited

No aquatic vegetation, or parts thereof, shall be in or on watercraft, watercraft motors, watercraft trailers, and recreational, commercial, or construction equipment when out of water. Watercraft and recreational, commercial, or construction equipment on lifts suspended above the water from which they originated are excluded. Time out of the water needed to clean aquatic vegetation from the watercraft, watercraft motors, watercraft trailers, and recreational, commercial, or construction equipment at the immediate water access area (e.g., boat ramp) is allowed. All built-in structures to boats, including livewells and bait compartments and containers used to transport legal live bait, must be free of aquatic vegetation.

N.D. Admin. Code 30-03-06-04 Aquatic vegetation transport

No person may transport any aquatic vegetation to or from any waters of the state without approval from the director. No person may transport any aquatic vegetation into the state.

N.D. Admin. Code 30-03-06-05 Water prohibited

1.Refer to the North Dakota game and fish department website for a listing of state waters infested with class I prohibited aquatic nuisance species. Fish transported and held in or on ice are allowed.

2.All water must be drained from all watercraft and recreational, commercial, and construction equipment bilges and confined spaces, livewells, and baitwells, when out of water or upon entering the state. Potable water and sewage water are excluded from this restriction.

3.Bait containers used for in-state transportation of legal live bait and legal live baitfish must be no larger than five gallons [18.93 liters] in volume. Refer to the current fishing proclamation for legal live bait and legal live baitfish definitions.

4.Legal live bait and legal live baitfish may not be transported in water away from waters of the state designated as infested with class I prohibited aquatic nuisance species unless traveling to and from ice fishing, in which case any water may be used for in-state transportation of legal live bait and legal live baitfish.

5.Water may not be transported away from waters of the state designated as infested with class I prohibited aquatic nuisance species or imported from another state unless permitted by the department of water resources or otherwise authorized.

6.All drain plugs that may hold back water must be removed, and water draining devices must be open, on all watercraft and recreational, commercial, and construction equipment bilges and confined spaces, during any out-of-water transport of same.

April 1, 2023; April 1, 2024; April 1, 2026.

History

• History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2016; April 1, 2016;

N.D. Admin. Code 30-03-06-06 Inspections

Repealed effective October 1, 2010.

N.D. Admin. Code 30-03-06-07 Penalty

Any person violating a provision of this chapter for which a penalty is not specifically provided, except subsection 3 of North Dakota Administrative Code section 30-03-06-05, is guilty of a noncriminal offense and shall pay a one hundred dollar fee. Any person violating subsection 3 of North Dakota Administrative Code section 30-03-06-05 is guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee.

History

• History: Effective April 1, 2008; amended effective October 1, 2010; January 1, 2016; April 1, 2024.
• General Authority: NDCC 20.1-02-05(22)
• Law Implemented: NDCC 20.1-02-05(22)

Article 30-04 Fish and Wildlife Management

Chapter 30-04-01 Rare and Endangered Animals

N.D. Admin. Code 30-04-01-01 Rare and endangered animals

Repealed effective December 1, 1982.

Chapter 30-04-02 Public Use of Game or Fish Management Areas

N.D. Admin. Code 30-04-02-01 Public access and use

All state wildlife game or fish management areas are open for public hunting, fishing, and trapping, or other compatible public use, except as otherwise provided in this chapter, governor's proclamation, or as posted at public road entry points. Any person who violates this section is guilty of a noncriminal offense and shall pay a fifty dollar fee or the amount as written or posted, if different. As used in this

chapter, "wildlife management area" or "WMA" has the same meaning as "game or fish management area" in North Dakota Century Code chapter 20.1-11.

History

• History: Amended effective April 1, 1986; April 1, 2006; January 1, 2014.

N.D. Admin. Code 30-04-02-02 Public hunting, fishing, and trapping

Repealed effective April 1, 1986.

N.D. Admin. Code 30-04-02-03 Motor vehicles

Mallard Island on Wolf Creek WMA and Matthews Island on Detrobriand WMA are closed to the use of all motorized vehicles and aircraft. On all other wildlife management areas, the use of all motorized vehicles is restricted to those constructed roads, established trails, and parking areas normally used by passenger cars. Established roads and trails do not include temporary trails across cultivated land used for agricultural purposes. Motor vehicles may be used on the ice of lakes for access unless otherwise prohibited by posting or by proclamation. Persons operating any motor vehicle on the ice of any lake or other water area on a wildlife management area do so at their own risk. Motor vehicles may not be used off established roads and trails for retrieval of big game or for waterfowl hunting on wildlife management areas, except where allowed by governor's proclamation or as posted at public road entry points. All motorized vehicles that produce a noise level of eighty-five decibels, or greater, measured on scale A, at a distance of fifty feet [15.2 meters] are prohibited. Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

N.D. Admin. Code 30-04-02-04 Watercraft

No person may leave watercraft unattended on a wildlife management area unless the watercraft is being used on a daily basis. The department may have horsepower or other watercraft restrictions on some wildlife management area lakes, as posted at entry points. Any person who violates this section is guilty of a noncriminal offense and shall pay a fifty dollar fee.

N.D. Admin. Code 30-04-02-05 Firearms

Use of firearms on wildlife management areas is allowed, except in a reckless and indiscriminate manner, and as otherwise posted at public road entry points. A person discharging a firearm on a department-designated target range shall not be considered to be engaging in indiscriminate shooting if conducted in accordance to the below rules specified for wildlife management area rifle/handgun shooting ranges and wildlife management area shotgun shooting ranges. The use of tracer rounds or exploding targets, or both, is prohibited on all wildlife management areas.

Wildlife management area rifle/handgun range rules:

1.Range hours are from sunrise to sunset.

2.Shooting permitted only from established benches to designated target stands.

3.No firearms may be handled when the range has been declared "clear" and people are down range. When any person is down range, all firearms must have the muzzle pointed down range, action open, ejection port or cylinder up, and magazine removed.

4.Exploding targets are prohibited. Only paper or cardboard targets are permitted.

5.Tracer, armor piercing, and steel core ammunition is prohibited.

6.Persons destroying target posts or other property are liable for replacement or costs associated with replacement.

7.Only handheld or shoulder-fired firearms are permitted.

8.Fully automatic firearms are prohibited.

9.Centerfire rifles .50 caliber or larger are prohibited.

Wildlife management area shotgun range rules:

1.Range hours are from sunrise to sunset.

2.Only use of shotguns is permitted on a shotgun range. Handgun and rifle use is prohibited on a shotgun range.

3.Use of buckshot or slugs is prohibited.

4.Only commercially manufactured clay targets may be used.

5.All spent shells and other materials must be placed in the trash receptacles or taken away from the range by the range user.

History

• History: Amended effective April 1, 1986; April 1, 2006; January 1, 2014; October 1, 2017.

N.D. Admin. Code 30-04-02-06 Littering and abandonment of property

The disposal of refuse, rubbish, bottles, cans, or other waste materials is prohibited except in garbage containers where provided. Abandonment of vehicles or other personal property is prohibited.

Holding tanks of campers may not be dumped within a state wildlife management area.

N.D. Admin. Code 30-04-02-07 Removal and destruction of property

Archaeological artifacts or cultural resources as defined in North Dakota Century Code section 55-03-00.1, trees, shrubs, vines, plants, gravel, fill, sod, water, crops, firewood, posts, poles, or other property may not be mowed, clipped, cut, or removed from a wildlife management area without a permit issued by the director or the director's designee, except that firewood may be removed under certain stated conditions from department designated firewood cutting plots. Commercial cutting of firewood is prohibited on designated firewood cutting plots. Gathering of downed wood for campfires is permitted.

Removal of property from a wildlife management area by permit shall be only in a manner, limit, and conditions specified by the permit. Berries and fruit may be picked, for noncommercial use unless prohibited by posted signs at public road entry points. Property may not be destroyed or defaced.

N.D. Admin. Code 30-04-02-08 Private property and structures

No person shall construct or maintain any building, cabin, dock, fence, beehive, billboard, sign, or other structure on any wildlife management area except by permit issued by the director or the director's designee. Fishhouses may be used during the ice fishing season in accordance with the governor's proclamation. Duck, goose, crane, and other types of decoys may not be left unattended on any wildlife management area.

N.D. Admin. Code 30-04-02-09 Cropping, haying, and commercial enterprises

No person may conduct any cropping, haying, or other commercial enterprise on any wildlife management area, except by lease or permit issued by the director or the director's designee.

N.D. Admin. Code 30-04-02-10 Animals prohibited - Exceptions

The director has determined that animals, other than free-ranging wildlife that may be found on wildlife management areas, are detrimental to the protection and propagation of wildlife and other natural resources. Except as otherwise provided in this section and section 30-04-02-14.2, no individual may possess or cause the entry of any animal on any wildlife management area.

1.Livestock. Livestock shall not be permitted to graze or roam on any wildlife management area except as provided for by a grazing permit or lease issued by the director or the director's designee. As used in this section, "livestock" means domestic animals and nontraditional livestock as defined by North Dakota Century Code section 36-01-00.1.

2.Pets. Pets may not be permitted to run unattended on wildlife management areas. Any individual who violates this subsection is guilty of a noncriminal offense and shall pay a fifty dollar fee.

3.Horseback riding. A person may engage in casual horseback riding or trail riding on wildlife management areas, unless signed otherwise. Groups of twenty-five or more individual riders or twenty-five or more horses or other equine animals must first obtain a permit from the director or the director's designee. No person may engage in, conduct, or organize any competitive or noncompetitive activity involving the use of horses or other equines to conduct racing, barrel racing, roping, jumping, or other activities that cause unnecessary disturbance to the wildlife and wildlife habitat. Any person who violates this subsection is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History

• History: Amended effective April 1, 1986; April 1, 2006; October 1, 2020.

N.D. Admin. Code 30-04-02-11 Camping

Camping for longer than ten consecutive days on any wildlife management area is prohibited.

Trailers, campers, motor homes, or tents may not be left on any wildlife management area unless used for daily lodging. Camping is prohibited on those wildlife or fish management areas where posted at public road entry points. Mowing of vegetation for campsites is prohibited on wildlife management areas. Any person who violates this section is guilty of a noncriminal offense and shall pay a one

History

• History: Amended effective April 1, 1986; April 1, 2006; April 1, 2024.

N.D. Admin. Code 30-04-02-12 Group activities

Group activities attended by more than twenty-five persons are prohibited without a permit issued by the director or the director's designee. Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

N.D. Admin. Code 30-04-02-13 Other uses

Repealed effective April 1, 1986.

N.D. Admin. Code 30-04-02-14 Noise

Excessive noise, which unreasonably disturbs other individuals, is prohibited on wildlife management areas. Any person who violates this section is guilty of a noncriminal offense and shall pay a fifty dollar fee. 30-04-02-14.1. Tree stands, ground blinds, game cameras, and traps.

No person may construct or use a permanent tree stand or permanent steps to a tree stand or permanent ground blind on any wildlife management area. Portable tree stands and portable steps, screw-in steps, natural tree stands, portable ground blinds, and game cameras may be used. Portable tree stands and portable steps are defined as those that are held to the tree with ropes, straps, cables, chains, or bars. Screw-in steps are those that are screwed into the tree by hand without the aid of any tools. Ladder-type stands that lean against the tree are portable stands. A notched board placed in a tree crotch is a portable stand. Natural stands are those crotches, trunks, down trees, etc., where no platform is used. The owner's name, city, and telephone number, the owner's North Dakota hunter education number, or a unique identification number issued by the department must be on the tree stand, portable ground blind, game cameras, and traps, and be readable from the ground. Tree stands and ground blinds do not preempt hunting rights of others in the vicinity of the tree stand, ground blind, or game camera. Tree stands, steps, ground blinds, and game cameras may not be put up before August twentieth of the year, and they shall be taken down by January thirty-first of the following year.

Stands, steps, ground blinds, and game cameras not removed by the thirty-first of January are considered abandoned property and are subject to removal and confiscation by the director or the director's designee. Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

October 1, 2017. 30-04-02-14.2. Dogs.

No person may conduct, permit, or carry out field trials for dogs on any wildlife management area without first obtaining a permit from the director or the director's designee. Training of bird and gun dogs is prohibited April first through August fifteenth on all wildlife management areas. Training of dogs on any wildlife management areas by a professional trainer is prohibited at all times. Any person other than a professional trainer who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History

• History: Effective April 1, 1986; amended effective April 1, 2006; April 1, 2009; January 1, 2014;
• History: Effective April 1, 1986; amended effective April 1, 2006.

N.D. Admin. Code 30-04-02-15 Department work

This chapter shall not apply to the director, the director's agents and employees, and other persons designated by the director when necessary for law enforcement or for development, management, or maintenance of any wildlife management area.

N.D. Admin. Code 30-04-02-16 Glass beverage containers or kegs prohibited

No person may use or possess glass beverage containers or kegs on any wildlife management area. Any person who violates this section is guilty of a noncriminal offense and shall pay a one

History

• History: Effective November 1, 1995; amended effective April 1, 2006.

N.D. Admin. Code 30-04-02-17 Baiting

Except as otherwise provided herein, no person may place or use bait for attracting, luring, feeding, or habituating wildlife to the bait location for any purpose on a wildlife management area. Bait includes grains, minerals, salt, fruits, vegetables, hay, or any other natural or manufactured feeds. Bait does not include the use of lures, scents, or liquid attractants for hunting, or management activities of the department. A person may use bait to lure and take furbearers when engaged in lawful trapping activities. Any person who violates this section is guilty of a noncriminal offense and shall pay a one

N.D. Admin. Code 30-04-02-18 Fireworks, model rocket engines, or combustible or explosive materials prohibited

1.No person may possess, discharge, or set off within any wildlife management area any form of fireworks, model rocket engine, or combustible or explosive material unless authorized by the director or the director's designee.

2.The term "fireworks" means any combustible or explosive composition, or any substance or combination of substances or article prepared to produce a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes any blank cartridge, toy pistol, toy cannon, toy cane, or toy gun in which an explosive other than a toy paper cap is used; balloon that requires fire underneath to propel the balloon; firecracker, torpedo, skyrocket, Roman candle, daygo bomb, sparkler, or other item of like construction; item containing any explosive or flammable compound; or any tablet or other device containing any explosive substance. This section does not apply to any toy paper cap containing not more than twenty-five hundredths of a grain [16.20 milligrams] of explosive composition per cap.

3."Model rocket engine" means a commercially manufactured, nonreusable rocket propulsion device constructed of a nonmetallic casing and solid propellant wherein all of the ingredients are self-contained so as not to require mixing or handling by the user. The propellant charge may not exceed two and two-tenths ounces [62.37 grams] per engine.

4."Combustible or explosive material" does not include rifle, shotgun, or handgun ammunition; petroleum-base or synthetic fuels and lubricants when contained within a motor or recreational vehicle engine or drive train; or matches, butane, kerosene, propane, or similar fuels and devices used in the ordinary course of camping.

Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

N.D. Admin. Code 30-04-02-19 Penalty

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a noncriminal offense and shall pay a two hundred fifty dollar fee.

N.D. Admin. Code 30-04-02-20 Paintballing prohibited

1.No person shall engage in any form of paintballing on any state wildlife management area unless authorized by the director or the director's designee.

2.The term "paintballing" refers to any sport in which participants eliminate opponents from play by hitting them with paintballs (spherical gelatin capsules containing primarily polyethylene glycol, other nontoxic and water-soluble substances, and dye) shot from a compressed gas-powered gun, commonly called a marker.

History

• History: Effective April 1, 2009.

N.D. Admin. Code 30-04-02-21 Geocaching prohibited

1.No person shall engage in any form of geocaching on any state wildlife management area unless authorized by the director or the director's designee.

2.The term "geocaching" refers to an outdoor treasure-hunting game in which the participants use a global positioning system receiver or other navigational techniques to hide and seek containers, called geocaches or caches. A typical cache is a small waterproof container containing a logbook and treasure.

History

• History: Effective April 1, 2009.

N.D. Admin. Code 30-04-02-22 Drones prohibited

1.A person may not operate a drone or any radio-controlled aircraft while on any state wildlife management area unless authorized by the director or the director's designee.

2.The term drone refers to an unmanned aerial vehicle that can fly autonomously or by remote control.

History

• History: Effective October 1, 2017.

Chapter 30-04-03 Guides and Outfitters

N.D. Admin. Code 30-04-03-01 License required

Determined repealed by the office of the legislative council under North Dakota Century Code

section 28-32-06 because statutory authority supersedes the rule under North Dakota Century Code

section 20.1-03-37.

N.D. Admin. Code 30-04-03-02 Fee and residence

N.D. Admin. Code 30-04-03-03 License nontransferable

N.D. Admin. Code 30-04-03-04 License to be carried

N.D. Admin. Code 30-04-03-05 License inspection

N.D. Admin. Code 30-04-03-06 Licensee provides rules

N.D. Admin. Code 30-04-03-07 Advance charge list

Each licensed outfitter, prior to consummation of contract for service, shall furnish to each client a printed form listing in detail all acts of service and any other accommodations which the outfitter will provide for the fee received, and such form shall specify the charge per day for such service or accommodations.

History

• History: Repealed effective January 1, 1997; reinstated November 1, 1997; amended effective April 1, 2006.
• Law Implemented: NDCC 20.1-02-15

N.D. Admin. Code 30-04-03-08 Receipt required

Each licensed outfitter, upon payment received for service, shall immediately issue to the payee a receipt showing the amount received and shall indicate "for guide or outfitting service" and the period for which the service was rendered, and the receipt shall bear the outfitter's signature and complete permanent address.

History

• History: Amended effective April 1, 1986; repealed effective January 1, 1997; reinstated November 1, 1997; amended effective April 1, 2006.
• Law Implemented: NDCC 20.1-02-02, 20.1-02-15, 20.1-03-36.2, 20.1-03-38

N.D. Admin. Code 30-04-03-09 Records

N.D. Admin. Code 30-04-03-10 License revocation

N.D. Admin. Code 30-04-03-11 Violations forbidden

Repealed effective January 1, 1997.

N.D. Admin. Code 30-04-03-12 General penalty

Any person violating a provision of this chapter for which a penalty is not specifically provided is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History

• History: Effective September 1, 1989; amended effective April 1, 2006.
• General Authority: NDCC 20.1-02-04
• Law Implemented: NDCC 20.1-02-04

N.D. Admin. Code 30-04-03-13 Hunting guide and hunting outfitter examination

If an applicant is required to take the written examination to be eligible for a hunting guide or hunting outfitter license in North Dakota, the applicant must preregister for the examination with the department. Dates, times, and locations of the examinations shall be announced to the public by news release and be available as a notice on the department's web site.

N.D. Admin. Code 30-04-03-14 Initial application for guide and outfitter license

An initial applicant for a guide or outfitter license shall submit a completed application on a form provided by the department and the fees required under North Dakota Century Code section 20.1-03-36.1. Information requested on the form must be completed and signed by the applicant.

Providing false or misleading information requested on the application may be grounds to deny the issuance of a license for the calendar year of the application. The applicant shall also provide:

1.If the applicant is applying for a hunting guide or hunting outfitter license, proof the applicant is currently certified in adult cardiopulmonary resuscitation or its equivalent and in standard or first aid or its equivalent. A photocopy of certification is sufficient proof of training.

2.If the applicant is applying for a hunting outfitter license, proof that the applicant has held a hunting guide license in North Dakota or any other state for two years. Such proof must be in the form of information generated by the state of licensure.

3.A signed certification on a form provided by the department that the applicant has not been convicted of a state or federal criminal game or fish violation in the last three years from the date of the application or whose license to hunt or fish is under suspension or revocation in North Dakota or any other state.

4.A statement in an application for a hunting outfitter or guide license listing the dates the applicant has legally hunted for three years before the date of the application. The department may require the applicant to explain how three years of practical field experience gained by hunting have directly contributed to the applicant's experience and competency as a guide and how the three years have influenced the applicant's capability to perform essential duties associated with guiding and outfitting as defined in North Dakota Century Code section 20.1-01-02. The director reserves the right to request additional information to supplement the applicant's submission.

5.Proof of insurance in the form of a certificate of liability insurance from the insuring entity certifying that the applicant and the applicant'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.

6.If the applicant is applying for a hunting outfitter license, a listing of all land to be used by the outfitter to provide services. Acreage reports must include the name of the landowner and lessor, the number of acres of land, and the location of the land by county.

7.If the applicant is applying for a hunting guide license, a written notice from an employing or contracting licensed outfitter that the applicant will be retained to provide guiding services during the term of the applicant's license period. A licensed hunting guide may provide services to more than one hunting outfitter, but shall provide written notice from each outfitter to the department.

History

• History: Effective April 1, 2006; amended effective April 1, 2026.
• Law Implemented: NDCC 20.1-03-37

N.D. Admin. Code 30-04-03-15 Applicant to renew hunting guide's or outfitter's application

A hunting guide or hunting outfitter who was licensed in North Dakota during the previous year and who seeks license renewal shall not be required to retake the hunting guide and hunting outfitter examination. All applicants for renewal, however, shall complete the application form provided by the department and provide:

1.If the applicant seeks a hunting guide or hunting outfitter license renewal, proof the applicant is currently certified in adult cardiopulmonary resuscitation or its equivalent and in standard or first aid or its equivalent.

2.A signed certification on a form provided by the department that the applicant has not been convicted of a state or federal criminal game or fish violation in the last year from the date of the application for renewal or whose license to hunt or fish is under suspension or revocation in North Dakota or any other state.

3.Insurance - new certificate. A licensed hunting guide or outfitter shall notify the department within ten days of any change to the information reported under this section.

4.The department may require additional documentation to substantiate the information provided in this section before approving an applicant for initial licensure or license renewal.

5.If the applicant is renewing a hunting outfitter license, the applicant must provide a report of any day lease or freelance acres used in the previous year giving the number of acres used and the county in which those acres were located if the applicant held a day lease or freelance permit and a list of land to be used by the applicant to provide services during the application year with the same information required in an initial application.

6.If the applicant is renewing a hunting guide license, the applicant must provide written certification from an employing or contracting licensed outfitter in the same manner required in an initial application.

History

• Law Implemented: NDCC 20.1-03-37

N.D. Admin. Code 30-04-03-16 Failure to renew license

The department may not issue a license to a person who held a guide or outfitter license and who has failed to renew the license under this chapter for two or more consecutive years unless the person again meets the qualifications for initial issuance of the license.

N.D. Admin. Code 30-04-03-17 Hunting guide and hunting outfitter examination

Any written examination required must be administered from at least one regional department office on the assigned time and date. The department may administer an electronic examination at any time.

Once an applicant has passed the examination, the applicant must become licensed by the end of the following calendar year. To pass the examination, a score of eighty percent must be achieved. A person who fails to obtain the license by the end of the following calendar year or fails to maintain a hunting guide or hunting outfitter license for two calendar years or more after obtaining a license, in addition to the annual eligibility requirements, shall retake the examination before being issued another hunting guide or hunting outfitter license. A hunting guide or hunting outfitter, whose license has been revoked, shall meet the annual eligibility requirements and shall retake successfully the examination before being issued a new license under this section.

History

• History: Effective April 1, 2006; amended effective April 1, 2023; April 1, 2026.

N.D. Admin. Code 30-04-03-18 Guide requirements

It is the responsibility of a licensed guide and outfitter acting as a guide to:

1.Ensure that the appropriate tags are attached to any game or fish taken by a client and all game or fish transported is prepared in compliance with applicable state and federal laws.

2.Ensure that the proper licenses and game tags are in the client's possession before the hunt begins.

3.Take every reasonable measure to assure the safety of the client.

4.Promptly report any violation of state or federal law or regulation governing wildlife, game, and fish that occur during the guiding activity to any law enforcement officer or the department.

5.Use every lawful means at the licensee's disposal to retrieve a wounded animal while it is in danger of escaping.

6.Advise clients and employees involved in a hunt of all applicable state and federal statutes and regulations related to the hunting or fishing activity to be conducted.

History

• Law Implemented: NDCC 20.1-03-27, 20.1-03-38, 20.1-04-06, 20.1-05-02, 20.1-05-03

N.D. Admin. Code 30-04-03-19 Hunt or fish records

The licensed outfitter shall keep a complete and current record of all transactions as a guide or outfitter, including a hunt or fish record for each hunting or fishing client. The records shall be kept by the outfitter for at least three years and shall be subject to inspection at any time on demand of the director, the director's authorized personnel, or any law enforcement officer. A copy of these records must be submitted to the director no later than thirty days following expiration of the license. The department shall provide the hunt or fish record form to all licensed outfitters. The records shall be kept and maintained in North Dakota. The information on the department form must include, at a minimum:

1.The client's name, address, and hunting or fishing license number.

2.The contracting outfitter's name and original signature attesting to the accuracy of the information supplied on the hunt or fish record form.

3.The names of all hunting guides, hunting outfitters, or fishing outfitters who will accompany the client in the field.

4.For each guided client, at the conclusion of the hunting or fishing trip, the licensed outfitter shall complete the applicable remaining portions of the hunt or fish record, including:

a.The dates the client was in the field.

b.The species of game hunted or fish pursued.

c.For each animal, bird, or fish species taken, the:

(1)Date taken.

(2)Number of each species taken.

d.For each fish species taken, the:

(1)Name of the waterbody where the fish were taken.

(2)County where the fish were taken.

History

• History: Effective April 1, 2006; amended effective October 1, 2020.

N.D. Admin. Code 30-04-03-20 Falsification of required records

Any person completing or maintaining required records containing knowingly false information shall be deemed to have made a false statement in a governmental matter and is liable under subdivision c of subsection 2 of North Dakota Century Code section 12.1-11-02.

History

• Law Implemented: NDCC 12.1-11-02(2)(c)

N.D. Admin. Code 30-04-03-21 Automatic guide license suspension

If a hunting outfitter has the hunting outfitter's license suspended or revoked, a hunting guide's license under that operation shall be given notice and may not provide guiding services until employment is obtained from another licensed hunting outfitter and written notice of the new employment or contract is provided to the department. Any hunting guide providing services after being notified that the outfitter is no longer licensed shall be deemed providing guiding services with a suspended license.

History

• Law Implemented: NDCC 20.1-03-39

N.D. Admin. Code 30-04-03-22 Bona fide pursuit of agricultural interests

To be exempt from regulation as an outfitter under North Dakota Century Code section 20.1-03-36.1, the person must provide services on real property that person owns or leases for the "primary pursuit of bona fide agricultural interests". The following definitions apply:

1."Agriculture" means the production of food, feed, and fiber and other goods by the systematic growing or harvesting of plants, animals, and other life forms and includes aquaculture, cultivation, animal husbandry, and horticulture.

2."Bona fide" means that the person earnestly intends to devote the land primarily to an agricultural pursuit. In determining a person's intent, a person's use of buildings associated with hunting, such as a hunting facility or accommodation, is generally incompatible with a primary pursuit of agricultural interest, but rather shows that the person's intent is to primarily use the land for hunting.

3."Primary pursuit" means that the person is:

a.Actively engaged in the agricultural interest, which does not include the passive ownership of land. Receiving payment on account of agricultural land enrolled in the federal conservation reserve program does not constitute the active pursuit of agriculture by itself, rather, the individual must also be actively engaged in farming or ranching; and

b.Primarily engaged in the agricultural interest, which means the individual's farming or ranching activities must be of the first rank, importance, or value.

History

• History: Effective April 1, 2009.
• General Authority: NDCC 20.1-02-04
• Law Implemented: NDCC 20.1-01-02, 20.1-02-15, 20.1-03-36.2, 20.1-03-37, 20.1-03-38

Chapter 30-04-04 Transplanting or Introduction of Fish, Fish Eggs, Game Birds, or Game Animals into North Dakota

N.D. Admin. Code 30-04-04-01 Health certificate

All game birds or game animals brought into this state shall be accompanied by a health certificate certifying that the game birds or game animals have been examined within thirty days previous to the shipment, and found to be free from all contagious and infectious diseases. The certificate shall further certify that the game birds or game animals have not been exposed to an infectious or contagious disease to which they are vulnerable for a period of thirty days prior to shipment.

N.D. Admin. Code 30-04-04-02 Pullorum disease

1.All provisions for the classification, recognition, control, and eradication of pullorum disease, as contained in the latest revised issue of the United States department of agriculture miscellaneous publication number 300, available at fifteen cents per copy from United States government printing office, Washington 25, D.C., shall be recognized in North Dakota, and all regulatory provisions therein shall be construed as being a part of this section.

2.Game birds over five months of age shall not be imported into this state unless they have passed a negative agglutination test for pullorum disease under the supervision of a state livestock sanitary authority within thirty days preceding the date of importation, or have originated from flocks authoritatively participating in such pullorum control and eradication phase of the national poultry improvement plan, or national turkey improvement plan, as may be adopted in the state of origin.

3.Game birds under five months of age, including baby chicks, started chicks, or other newly hatched birds, and hatching eggs shipped or otherwise brought into North Dakota, shall have originated in flocks that meet the pullorum requirements of the national poultry or turkey improvement plans and this section. Every container of such game, game birds, or eggs, shall bear an official label or certificate showing the name and address of the shipper, the authority under which the testing for pullorum was done, and the pullorum control and eradication class of the product; the use of said certificate or label to be approved by the official state agency or the livestock sanitary official of the state of origin.

N.D. Admin. Code 30-04-04-03 Permit requirements

No permit, as provided for under North Dakota Century Code section 20.1-09-02, will be issued for holding, domesticating, propagating, or releasing game birds or game animals brought into North Dakota from without the state, unless a certificate showing the name and address of the shipper, the

authority under which the testing or examination was carried out, or the pullorum control and eradication class of the product accompanies the application for permit.

N.D. Admin. Code 30-04-04-04 Fish or fish eggs

The introduction of fish or fish eggs into any state waters shall be illegal unless done with the written consent of the game and fish commissioner or the commissioner's duly designated bonded employee.

N.D. Admin. Code 30-04-04-05 Bait transfer

It shall be unlawful for any person to empty the contents of any minnow bucket or other receptacle containing bait into any of the public waters of the state.

Chapter 30-04-05 General License Requirements

N.D. Admin. Code 30-04-05-01 Fishing, hunting, and fur-bearer certificate

For licensing purposes, fishing, hunting, and fur-bearer licenses must be included on a certificate provided by the North Dakota game and fish department. The certificate must include the name, address, driver's license number, and other identifying information. Additional registration and certification information shall be included when available.

History

• History: Effective March 1, 1983; amended effective October 1, 2020.
• Law Implemented: NDCC 20.1-02-04

N.D. Admin. Code 30-04-05-02 License design

N.D. Admin. Code 30-04-05-03 Combined licenses

The resident general game license and the resident habitat restoration license are combined into the resident general game and habitat license. The nonresident game license and nonresident habitat restoration license are combined into the nonresident general game and habitat license.

History

• History: Effective March 1, 1983; amended effective September 1, 1989; May 1,1994; October 1, 2020.
• Law Implemented: NDCC 20.1-03-12, 20.1-03-12.1

N.D. Admin. Code 30-04-05-04 Moose, elk, and bighorn sheep licenses

N.D. Admin. Code 30-04-05-05 Issuance of stamps

N.D. Admin. Code 30-04-05-06 Computer-generated licenses

All licenses are electronically generated by the department's online licensing system. Licenses may be printed on standard paper or displayed on an electronic device. Licenses do not require signature.

History

• History: Effective May 1, 1995; amended effective October 1, 2020.
• Law Implemented: NDCC 20.1-02-04

Chapter 30-04-06 Duplicate Licenses

N.D. Admin. Code 30-04-06-01 Petition required

Upon the filing of a petition by the license purchaser, the game and fish department may reissue replacements for lost or destroyed game and fish licenses. It shall also include personal information as required by law for the original license and a listing of the licenses that are to be replaced.

History

• History: Effective September 1, 1983; amended effective October 1, 2010; October 1, 2020.
• General Authority: NDCC 20.1-02-05(21)
• Law Implemented: NDCC 20.1-02-05(21)

N.D. Admin. Code 30-04-06-02 Fees

Each petition shall be accompanied by the following fees for each license that is to be replaced:

Type of LicenseFee Resident big game license $15.00 Youth resident big game license $5.00 Nonresident big game license $50.00 Resident wild turkey license $10.00 Nonresident wild turkey license$20.00 Resident swan license $5.00 Nonresident swan license $15.00 Motorboat registration decal (all boat lengths)$10.00

September 1, 1993; October 1, 2020.

History

• History: Effective September 1, 1983; amended effective June 1, 1984; April 1, 1986; June 1, 1992;
• General Authority: NDCC 20.1-02-05
• Law Implemented: NDCC 20.1-02-05

N.D. Admin. Code 30-04-06-03 Approval required

Each petition shall be reviewed and approved by the game and fish commissioner or the commissioner's designated representatives. A petition may be rejected if it is not complete, if the proper fee is not enclosed, or if there is reason to believe that statements made on the petition are not true.

History

• History: Effective September 1, 1983.
• General Authority: NDCC 20.1-02-05
• Law Implemented: NDCC 20.1-02-05

Chapter 30-04-07 Wildlife Replacement Values

N.D. Admin. Code 30-04-07-01 Schedule of monetary values

The following base values for wildlife are established:

1.Big game

a.Deer$500

b.Pronghorn$1,000

c.Elk, moose, and bighorn sheep, see North Dakota Century Code

section 20.1-01-03

2.Upland game birds

a.Prairie chicken$500

b.Sage grouse$500

c.Turkey$250

d.Upland game bird (e.g., pheasant, grouse, gray partridge)$50

3.Migratory game birds

a.Swan$200

b.Sandhill crane$100

c.Goose$50

d.Redhead, canvasback, pintail$75

e.All other ducks and mergansers$50

f.Other migratory game birds$50

4.Nongame birds

a.Species of conservation priority (1)Level I species (horned grebe, American white pelican, American bittern, Swainson's hawk, ferruginous hawk, yellow rail, willet, upland sandpiper, long-billed curlew, marbled godwit, Wilson's phalarope, Franklin's gull, black tern, black-billed cuckoo, Sprague's pipit, grasshopper sparrow, Baird's sparrow, Nelson's sharp-tailed sparrow, lark bunting, chestnut-collared longspur) $400 (2)Level II species (northern harrier, prairie falcon, American avocet, short-Eared owl, red-headed woodpecker, loggerhead shrike, sedge wren, dickcissel, Le Conte's sparrow, bobolink) $300 (3)Level III species (Brewer's sparrow, McCown's, longspur) $200

b.Waterbirds (e.g., Egret, heron, loon, grebe)

Whooping crane$1,000 Egret and heron$50 Loon$200 Grebe$50

c.Shorebirds (e.g., avocet, sandpiper, killdeer)$50

d.Raptors Golden Eagle$500 Bald Eagle$1,000 Peregrine$1,000

e.All other raptors (e.g., Vulture, hawk, owl, falcon)$100

f.All other birds$25 Except: English sparrows, blackbirds, crows, starlingsNo Value

5.Protected furbearers and small game mammals

a.Bear$1,000

b.Bobcat and lynx$500

c.Mountain lion$1,000

d.Wolf$1,000

e.Red fox and coyote$75

f.Otter, fisher, pine marten, wolverine$200

g.All other protected furbearers$50

h.Small game mammals (e.g., rabbit, gray squirrel, fox squirrel)$25

6.Freshwater mussels The values of mussels are those listed in the American Fisheries Society Special Publication No. 35, "Investigation and Monetary Values of Fish and Freshwater Mollusk Kills", 2017. A copy is available for viewing at the Bismarck office of the North Dakota game and fish department. This publication may be purchased by writing to the following address:

American Fisheries Society 5410 Grosvenor Lane, Suite 100 Bethesda, MD 20814

7.Fish and other aquatic species restitution values Value per Fish

a.Walleye (zander, hybrids)$30

b.Sauger (suageye, hybrids)$30

c.Northern pike$30

d.Black bass (largemouth, smallmouth)$30

e.Channel catfish$30

f.Flathead catfish$30

g.Salmon$30

h.Trout$30

i.Sunfish (bluegill, pumpkinseed, green sunfish, longear sunfish, orange spotted sunfish, hybrids) $15

j.Crappie (white, black)$15

k.Yellow perch$15

l.Burbot$15

m.White bass$15

n.Pallid sturgeon$1,000

o.Paddlefish$500

p.Sturgeon (lake, shovelnose)$300

q.Muskellunge$300

r.Other nongame fish$10

s.Live aquatic bait, including fish species (fathead minnows, creek chubs, white suckers, stickleback, and smelt), and frogs, salamanders, leeches, and crayfish $10 per gallon, minimum of $20

t.Turtles. The restitution values for turtles are as follows:

(1)Painted turtle$50 per turtle (2)All other turtle species$200 per turtle

History

• History: Effective May 1, 1984; amended effective April 1, 2006; October 1, 2020.
• General Authority: NDCC 20.1-01-03
• Law Implemented: NDCC 20.1-01-03

N.D. Admin. Code 30-04-07-02 Adjustments to base values for deer

The base values listed in section 30-04-07-01 for deer are subject to the following adjustment.

Adjustments are calculated using the green, gross score determined by the Boone and Crockett scoring method.

Antlered white tail deer score of 140 to 159$750 Antlered white tail deer score of 160 and above$1,000 Antlered mule tail deer score of 160 to 179$750 Antlered mule tail deer score of 180 and above$1,000

History

• History: Effective May 1, 1984; amended effective April 1, 2006; October 1, 2020.
• General Authority: NDCC 20.1-01-03
• Law Implemented: NDCC 20.1-01-03

Chapter 30-04-08 Public Use of Game and Fish Department Private Land Open to Sportsmen (PLOTS) Lands

N.D. Admin. Code 30-04-08-01 Public access and use

All private land open to sportsmen (PLOTS) property is open only for public walk-in access for the

purpose of hunting within legal hunting seasons, or as signed. All other activities require written permission from the property owner. As used in this section, PLOTS is private land enrolled by the department for purposes of hunting as established under North Dakota Century Code section 20.1-02-27. Walk-in access for purposes of this section is defined as an individual traveling by foot with any legal weapon, equipment, accessories, and provisions for the purposes of hunting. Hunting weapons, equipment, accessories, or provisions may not be left unattended on PLOTS without written permission of the property owner. Any person who violates this section is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History

• History: Effective October 1, 2010.
• General Authority: NDCC 20.1-02-27
• Law Implemented: NDCC 20.1-02-05(22), 20.1-02-27

Chapter 30-04-09 Posting Lands in the State's Electronic Posting System

N.D. Admin. Code 30-04-09-01 Electronic posting system

1.Eligibility. North Dakota resident landowners or resident individuals authorized by the landowner must submit a valid driver's license or state identification in the state's electronic posting system to post lands electronically. The department may provide an automated service for nonresident landowners to submit their nonresident driver's license in the state's electronic posting system to post lands electronically. Any service fees required to validate a nonresident driver's license may be passed to the nonresident landowner.

2.State land parcels. Eligible landowners or individuals authorized by the landowner may electronically post county tax parcel records submitted to the state's land parcel program.

3.Annual enrollment. Landowners or individuals authorized by the landowner may enroll or renew eligible land parcels in the state's electronic posting system during the enrollment period of February first through July first of the same year. Lands posted in the state's electronic posting system during the enrollment period are valid from August first of the same year of the enrollment period and extend through July thirty-first of the following year.

History

• History: Effective April 1, 2023.
• General Authority: NDCC 20.1-01-17(b)
• Law Implemented: NDCC 20.1-01-17(b)

Article 30-05 Boat Safety

Chapter 30-05-01 Boat Safety Rules

N.D. Admin. Code 30-05-01-01 Display of numbers

The number appearing on the certificate of number must be painted or permanently attached to each side of the forward half of the vessel, in plain vertical block letters at least three inches [7.6 centimeters] in height, excluding any border, trim, outlining, or shading, in contrasting color to the hull, and must be maintained in a legible condition so that the numbers and letters are clearly visible in daylight hours. Demonstrator numbers may be temporarily attached, but must be securely fastened in such a manner as to be clearly legible. The number shall read from left to right, and groups of numbers and letters must be separated by a space or a hyphen equivalent in width to the letter M. A validation sticker issued by the department must be displayed on the boat, within six inches [15.25 centimeters] to the rear of the number. Any person who violates this section is guilty of a noncriminal offense and shall pay a twenty-five dollar fee.

History

• History: Amended effective April 1, 1986.
• Law Implemented: NDCC 20.1-13-03

N.D. Admin. Code 30-05-01-02 Boat safety equipment

The following equipment is required as indicated, and must be usable and in serviceable condition.

1.Personal flotation devices - Penalty. All motorboats less than sixteen feet [4.8 meters] in length and all nonpowered vessels must have one United States coast guard-approved device labeled as type I, II, or III, or seventy or more Newtons aboard for each person. All motorboats sixteen feet [4.8 meters] or greater in length must have one United States coast guardapproved device labeled as type I, II, or III, or seventy or more Newtons aboard for each person, and, in addition, one United States coast guard-approved throwable type IV device.

Any person who violates this subsection is guilty of a noncriminal offense and shall pay a twenty-five dollar fee for each United States coast guard-approved device not aboard as required for each person with a maximum fee of two hundred fifty dollars for a shortage of ten or more.

2.Fire extinguishers. Motorboats of less than twenty-six feet [7.8 meters] in length need no fire extinguishing equipment, unless the boat has a double bottom not sealed to the hull or not completely filled with flotation material; or unless it has closed stowage compartments in which combustible or flammable materials are stored; or unless it has closed compartments under thwarts and seats wherein portable fuel tanks may be stored; or unless it has closed living spaces; or unless it has permanently installed fuel tanks. If in any of these categories, it must have either a fixed fire extinguishing system in the machinery spaces, or at least one United States coast guard-approved 5-B or 10-B type portable extinguisher. Motorboats twenty-six [7.8 meters] to forty feet [12 meters] in length must have either two United States coast guardapproved 5-B or 10-B type portable extinguishers or one United States coast guard-approved 20-B type portable extinguisher, or a fixed fire extinguishing system in the machinery spaces and one United States coast guard-approved 5-B or 10-B type portable extinguisher.

Motorboats forty feet [12 meters] or greater in length must have either three United States coast guard 5-B or 10-B type portable extinguishers, or one United States coast guardapproved 20-B and one 5-B or one 10-B type portable extinguisher, or a fixed fire extinguishing system in the machinery spaces along with two 5-B or two 10-B or one 20-B United States coast guard-approved portable extinguishers. Extinguishers may not be more than twelve years old according to the date of manufacture stamped on the bottle.

3.Backfire flame arrester. One United States coast guard-approved device is required on each carburetor of all gasoline powered engines, except outboard motors.

4.Bells and whistles. Boats less than twenty-six feet [7.8 meters] in length require one hand, mouth, or power operated whistle audible at least one-half mile [.8 kilometer]. Boats twenty-six feet [7.8 meters] to less than forty feet [12 meters] in length require a hand or power operated whistle audible at least one mile [1.6 kilometers], and a bell which produces a clear, bell-like tone when struck. Boats over forty feet [12 meters] in length require a power operated whistle audible at least one mile [1.6 kilometers] and a bell which produces a clear, bell-like tone when struck.

5.Ventilation. All motorboats with enclosed engine or fuel compartments, and using gasoline as a fuel, must have at least two ventilator ducts, fitted with cowls, or the equivalent, leading to each such compartment, to properly and efficiently ventilate the compartment.

6.Lighting. If operating between sunset and sunrise, all motorboats under twenty-six feet [6.8 meters] in length must exhibit a twenty-point [225 degree] combination red and green bowlight visible for one mile [1.6 kilometers], ten points [112.5 degrees] to the left of the centerline of the boat being red, ten points [112.5 degrees] to the right of the centerline being green, and a thirty-two-point [360 degree] white stern light, visible for two miles [3.2 kilometers], placed higher than the bowlight and unobstructed by occupants or portions of the vessel.

If operating between sunset and sunrise, all motorboats twenty-six feet [6.8 meters] in length or over shall exhibit a twenty-point [225 degree] white bowlight visible for two miles [3.2 kilometers], a ten-point [112.5 degree] red side light, visible for one mile [1.6 kilometers], on the left side of the vessel, a ten-point [112.5 degree] green side light, visible for one mile [1.6 kilometers] on the right side (the side lights shall be visible through an arc beginning parallel to the centerline of the vessel and extending ten points [112.5 degrees] toward the stern), and a thirty-two-point [360 degree] white stern light visible for two miles [3.6 kilometers], placed higher than the bowlight and unobstructed by occupants or portions of the vessel.

If operating between sunset and sunrise, motorboats may not exhibit any other light that impairs the visibility of the bowlight or stern light.

All nonmotorized boats anchored or underway between sunset and sunrise must have readily accessible a white light source, visible for 360 degrees, which must be temporarily displayed in sufficient time to prevent a collision.

All vessels at anchor between sunset and sunrise must display a white light visible to a boat approaching from any direction.

7.Except as provided in subdivision a of subsection 1, any person who violates this section is guilty of a noncriminal offense and shall pay a twenty-five dollar fee.

History

• History: Amended effective December 1, 1982; April 1, 1986; May 1, 1995; April 1, 2006; October 1, 2020; April 1, 2023; April 1, 2024; April 1, 2026.
• Law Implemented: NDCC 20.1-13-05

N.D. Admin. Code 30-05-01-03 Hazardous conditions

North Dakota law provides that any enforcement officer who observes a vessel being used in an unsafe condition, and in the officer's judgment such use creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended. For purposes of this section, an unsafe condition is defined as any one of the following:

1.Operating without boat safety equipment required by section 30-05-01-02. Any person who violates this subsection is guilty of a noncriminal offense and shall pay a twenty-five dollar fee.

2.Operating in an overloaded condition.

3.Fuel leakage or presence of fuel in the bilges.

4.Riding on the bow, gunwales, transom, or on the backs of seats without taking precautions sufficient to prevent falls overboard.

5.Operating a boat in a state of gross disrepair, rendering it in unseaworthy condition.

6.Operating in weather or water conditions which endanger the boat and its occupants.

Any person who violates a subsection of this section for which a penalty is not specifically provided is guilty of a noncriminal offense and shall pay a one hundred dollar fee.

History

• History: Amended effective April 1, 1986.
• Law Implemented: NDCC 20.1-13-18

N.D. Admin. Code 30-05-01-04 Actions which constitute negligent or reckless operation

North Dakota law prohibits operation of any motorboat or vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person. For purposes of this provision, reckless or negligent operation shall include, but not be limited to, the following:

1.Use of excessive speed during periods of reduced visibility, while in close proximity of other vessels, while in narrow, winding channels, or near docks or marinas.

2.Operating in an overloaded condition.

3.Operating within swimming areas designated by markers or by the presence of swimmers.

4.Operating near dams and other hazardous waters.

5.Operating in such a manner as to cause a dangerous or damaging wake.

6.Towing water skiers near other vessels or obstructions, into other hazardous areas, or into swimming areas designated by markers or by the presence of swimmers.

7.Operation in such a manner as to molest or annoy persons lawfully engaged in fishing.

8.Continued use or refusal to terminate use of a boat after being ordered to correct an especially hazardous condition by a law enforcement officer.

History

• Law Implemented: NDCC 20.1-13-07

N.D. Admin. Code 30-05-01-05 Accident reports

If a collision, accident, or other casualty involving a vessel results in death or injury to a person or damage to property in excess of two thousand dollars, or a person disappears from such vessel under circumstances that indicate death or injury, the operator thereof shall complete and submit a complete boating accident report, U.S. Coast Guard form, or revision thereof, to the game and fish department, within forty-eight hours in cases involving death or injury, within ten days in all other cases. Any person who violates this section is guilty of a noncriminal offense and shall pay a fifty dollar fee. The U.S.

Coast Guard form may be obtained from a game warden, downloaded from the department website, or by contacting the department at the location provided in subsection 3 of section 30-01-01-01.

History

• History: Amended effective December 1, 1982; April 1, 1986; January 1, 1992; April 1, 2006; April 1, 2024.
• Law Implemented: NDCC 20.1-13-08

N.D. Admin. Code 30-05-01-06 Practice permits for regattas, races, marine parades, tournaments, or exhibitions

Organizations desiring to practice in preparation for regattas, races, marine parades, tournaments, or exhibitions, as prescribed in North Dakota Century Code section 20.1-13-11, may do so only with written authorization from the director of the game and fish department or the director's designated representatives. An organization representative must file a completed permit application on a form provided by the department. The director or the director's designated representative may issue the permit and designate the date, time, and location for the practice. The names of the individuals to practice must be listed on the permit.

History

• History: Effective December 1, 1984; amended effective April 1, 2006.
• General Authority: NDCC 20.1-13-12(3)
• Law Implemented: NDCC 20.1-13-10(5), 20.1-13-11

N.D. Admin. Code 30-05-01-07 Placement of regulatory signs, markers, buoys, and other warning or marking devices

Upon written approval of the director of the game and fish department, regulatory signs, markers, buoys, or other warning or marking devices may be placed near or in the waters of this state as may be necessary for safety or recreation. Any person violating the restrictions on a sign, marker, buoy, or other warning or marking device is guilty of a noncriminal offense and shall pay a seventy-five dollar fee.

History

• History: Effective November 1, 1995; amended effective October 1, 2020.
• General Authority: NDCC 20.1-13-12, 20.1-13-14
• Law Implemented: NDCC 20.1-13-12, 20.1-13-14

Chapter 30-05-02 Watercraft for Hire [Repealed]

N.D. Admin. Code 30-05-02 Watercraft for Hire [Repealed]

CHAPTER 30-05-02

WATERCRAFT FOR HIRE [Repealed effective October 1, 2017]

Chapter 30-05-03 Lake Restrictions

N.D. Admin. Code 30-05-03-01 Brewer Lake

N.D. Admin. Code 30-05-03-02 Clausen Springs Lake

N.D. Admin. Code 30-05-03-03 Crown Butte

N.D. Admin. Code 30-05-03-04 North Golden Lake

Repealed effectiveSeptember 1, 1993.

N.D. Admin. Code 30-05-03-05 Rudolph Lake

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Rudolph Lake in Logan County.

History

• History: Effective November 1, 1978; amended effective August 1, 1980.

N.D. Admin. Code 30-05-03-06 Watershed Dam No. 4 (Fordville Dam). Motorboat operators on the waters of Watershed Dam No. 4 (Fordville Dam) on the Forest River in Grand Forks County must operate their boats at idle speed only. "Idle speed" is defined as operating the motorboat at the slowest possible speed necessary to maintain steerage

History

• History: Effective November 1, 1978; amended effective August 1, 1980; September 1, 1993.

N.D. Admin. Code 30-05-03-07 Watershed Dam No. 9

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Watershed Dam No. 9 on the Turtle River in Grand Forks County.

History

• History: Effective November 1, 1978; amended effective August 1, 1980.

N.D. Admin. Code 30-05-03-08 Camels Hump Dam

N.D. Admin. Code 30-05-03-09 Indian Creek Dam

N.D. Admin. Code 30-05-03-10 Lein Dam

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of the Lein Dam in Hettinger County.

History

• History: Effective August 1, 1980; amended effective June 1, 1985.

N.D. Admin. Code 30-05-03-11 Fish Creek Dam

N.D. Admin. Code 30-05-03-12 Gravel Lake

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Gravel Lake in Rolette County.

History

• History: Effective August 1, 1980.

N.D. Admin. Code 30-05-03-13 Hooker Lake

N.D. Admin. Code 30-05-03-14 Arroda Lakes, East and West

N.D. Admin. Code 30-05-03-15 Kota-Ray Dam

Motorboat operators on the waters of Kota-Ray Dam in Williams County must operate their boats at idle speed only. "Idle speed" is defined as operating the motorboat at the slowest possible speed

History

• History: Effective August 1, 1980; amended effective September 1, 1993.

N.D. Admin. Code 30-05-03-16 McGregor Dam

Repealed effective June 1, 1990.

N.D. Admin. Code 30-05-03-17 Heinrich-Martin Dam

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Heinrich-Martin Dam in LaMoure County.

History

• History: Effective October 1, 1983.

N.D. Admin. Code 30-05-03-18 Epping-Springbrook Dam

Repealed effective June 1, 1990.

N.D. Admin. Code 30-05-03-19 Balta Dam

N.D. Admin. Code 30-05-03-20 North Lake

Boats and watercraft used on the waters of North Lake, located in Bryant and Kroeher Townships in Logan County, may be propelled by paddles, oars, or sails only during the annual waterfowl hunting seasons as set in the governor's hunting proclamation.

History

• History: Effective November 1, 1983.

N.D. Admin. Code 30-05-03-21 Sweet Briar Dam

Repealed effective January 1, 1992.

N.D. Admin. Code 30-05-03-22 Violations are noncriminal

Any person who violates any section of this chapter is guilty of a noncriminal offense and shall pay a seventy-five dollar fee.

History

• History: Effective April 1, 1986; amended effective April 1, 2023.
• General Authority: NDCC 20.1-02-05(24)
• Law Implemented: NDCC 20.1-02-05(24)

N.D. Admin. Code 30-05-03-23 Department work

These rules do not apply to activities by department personnel and other persons designated by the department which are necessary for law enforcement or for development, management, or maintenance of the areas affected by this chapter.

History

• History: Effective September 1, 1987.

N.D. Admin. Code 30-05-03-24 Ibsen Lake

Boats are prohibited on the waters of Ibsen Lake in Benson County during the annual waterfowl hunting seasons as set in the governor's hunting proclamation.

History

• History: Effective September 1, 1987.

N.D. Admin. Code 30-05-03-25 Casselton Reservoir

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Casselton Reservoir in Cass County.

History

• History: Effective January 1, 1992.

N.D. Admin. Code 30-05-03-26 Missouri River

Motorboat operators in marked areas at the mouth of the Heart River, Marina Bay, and the mouth of Square Butte Creek, all along the Missouri River, must operate their boats at idle speed only. "Idle speed" is defined as operating the motorboat at the slowest possible speed necessary to maintain steerage. Idle speed areas are designated with signs along the shore or with buoys in the water.

History

• History: Effective January 1, 1992.

N.D. Admin. Code 30-05-03-27 Riverdale Spillway Pond

Motorboat operators on the waters of Riverdale Spillway Pond in McLean County must operate their boats at idle speed only. "Idle speed" is defined as operating the motorboat at the slowest possible speed necessary to maintain steerage.

N.D. Admin. Code 30-05-03-28 Jensen Lake

Motorboat operators on the waters of Jensen Lake in Rolette County must operate their boats at idle speed only. "Idle speed" is defined as operating the motorboat at the slowest possible speed

N.D. Admin. Code 30-05-03-29 Carbury Dam

Motorboat operators on the waters of Carbury Dam in Bottineau County must operate their boats at idle speed only. "Idle speed" is defined as operating the motorboat at the slowest possible speed

N.D. Admin. Code 30-05-03-31 Dickinson Dike

Boats powered by gas,gasohol, diesel, or other internal combustion motors are prohibited on the waters of Dickinson Dike in Stark County.

N.D. Admin. Code 30-05-03-32 Sather Dam

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Sather Dam in McKenzie County.

N.D. Admin. Code 30-05-03-33 Lightning Lake

Boats powered by gas,gasohol, diesel, or other internal combustion motors are prohibited on the waters of Lightning Lake in McLean County.

N.D. Admin. Code 30-05-03-34 Strawberry Lake

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Strawberry Lake in Bottineau County.

N.D. Admin. Code 30-05-03-35 Spring Park Lakes (Williston Park Ponds)

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Spring Park Lakes (Williston Park Ponds) in Williams County.

History

• History: Effective September 1, 1993; amended effective May 1, 1995.

N.D. Admin. Code 30-05-03-36 Lake Tschida

Motorboat operators in marked areas on the waters of Lake Tschida in Grant County must operate their boats at idle speed only. "Idle speed" means operating the motorboat at the slowest possible speed necessary to maintain steerage. Idle speed areas are designated with signs along the shore or with buoys in the water.

N.D. Admin. Code 30-05-03-37 Mirror Lake

Motorboat operators on the waters of Mirror Lake in Adams County must operate their boats at idle speed only. "Idle speed" means operating the motorboat at the slowest possible speed necessary to maintain steerage.

N.D. Admin. Code 30-05-03-38 Leland Dam

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Leland Dam in McKenzie County.

N.D. Admin. Code 30-05-03-39 Kettle Lake

Boats powered by gas, gasohol, diesel, or other internal combustion motors are prohibited on the waters of Kettle Lake in Williams County.

N.D. Admin. Code 30-05-03-40 Sheep Creek Dam

Motorboat operators on the waters of Sheep Creek Dam in Grant County must operate their boats at idle speed only. "Idle speed" means operating the motorboat at the slowest possible speed