North Dakota Code 20.1-02-05 – Powers of director

(Effective through March 31, 2024) The director may:

Attorney's Note

Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class B misdemeanor	up to 30 days	up to $1,500

For details, see § 12.1-32-01

Terms Used In North Dakota Code 20.1-02-05

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Big game: means deer, moose, elk, bighorn sheep, mountain goats, and antelope. See North Dakota Code 20.1-01-02
children: includes children by birth and by adoption. See North Dakota Code 1-01-18
Consideration: means something of value given or done in exchange for something of value given or done by another. See North Dakota Code 20.1-01-02
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Crops: means any plant that has been harvested, collected, or stored as livestock feed, fodder, or fuel. See North Dakota Code 20.1-01-02
Department: means the game and fish department. See North Dakota Code 20.1-01-02
Depredation: means damage to or destruction of private property. See North Dakota Code 20.1-01-02
Director: means the director of the department. See North Dakota Code 20.1-01-02
Endangered species: means any species whose prospects of survival or recruitment within the state are in jeopardy due to any of the following factors:
a. See North Dakota Code 20.1-01-02
Established road or trail: means any public highway or road, improved or otherwise, dedicated for public ingress or egress, or any other road or trail normally used for travel but does not include temporary trails across cultivated land used for agricultural purposes. See North Dakota Code 20.1-01-02
following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
Fur-bearers: includes mink, muskrats, weasels, wolverines, otters, martens, fishers, kit or swift foxes, beavers, raccoons, badgers, wolves, coyotes, bobcats, lynx, mountain lions, black bears, and red or gray foxes. See North Dakota Code 20.1-01-02
Game birds: includes all varieties of geese, brant, swans, ducks, plovers, snipes, woodcocks, grouse, sagehens, pheasants, Hungarian partridges, quails, partridges, cranes, rails, coots, wild turkeys, mourning doves, and crows. See North Dakota Code 20.1-01-02
hunting: means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. See North Dakota Code 20.1-01-02
Individual: means a human being. See North Dakota Code 1-01-49
Introduce: means to place, release, or allow the escape of a non-native species into a free-living state. See North Dakota Code 20.1-01-02
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
nonresident: is a ny person who has not actually lived within this state or maintained that person's residence within this state for at least six months immediately preceding the date that residence is to be determined. See North Dakota Code 20.1-01-02
Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
Owner: means a person, other than a lienholder, having the property in or title to a motorboat. See North Dakota Code 20.1-01-02
Passenger: means every person carried on board a vessel other than:
a. See North Dakota Code 20.1-01-02
Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
preserve: means any privately owned or leased acreage [hectarage] on which hatchery-raised game birds are released to be hunted for a fee over an extended season. See North Dakota Code 20.1-01-02
Property: includes property, real and personal. See North Dakota Code 1-01-49
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public waters: means waters to which the general public has a right to access. See North Dakota Code 20.1-01-02
Resident: means any person who has actually lived within this state or maintained that person's residence therein for at least six months immediately preceding the date that residence is to be determined. See North Dakota Code 20.1-01-02
Resident species: means any species nearly all of whose individuals in this state are located within this state for at least three-fourths of annual cycle of the species. See North Dakota Code 20.1-01-02
Rule: includes regulation. See North Dakota Code 1-01-49
Small game: includes all game birds and tree squirrels. See North Dakota Code 20.1-01-02
Species: includes any subspecies of wildlife and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature. See North Dakota Code 20.1-01-02
State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
Waterfowl: includes all varieties of geese, brant, swans, ducks, rails, and coots. See North Dakota Code 20.1-01-02
Waters of the state: means all waters of this state, including boundary waters. See North Dakota Code 20.1-01-02
Wildlife: means any member of the animal kingdom including any mammal, fish, bird (including any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement), amphibian, reptile, mollusk, crustacean, or other invertebrate, and includes any part, product, egg, or offspring thereof, or the dead body or parts thereof. See North Dakota Code 20.1-01-02
year: means twelve consecutive months. See North Dakota Code 1-01-33

1. Fix the salaries and the necessary travel and other expenses of department personnel subject to law and legislative appropriations.

2. Employ any part-time personnel necessary to run the director’s office and remove the employees at will. Salaries and necessary traveling and other expenses of these appointees must be authorized, audited, and paid in the same manner as salaries and expenses of state officers.

3. Accept from any person, or gather, or purchase, fish, spawn, or fry, for distribution in state waters.

4. Take alive at any time, under the director’s personal supervision or under the personal supervision of any of the director’s bonded appointees, any birds or animals for propagation purposes or for exchange with other states and foreign countries for game birds and animals of other species.

5. Order additional protection for any fish with an open season when, after investigation, the director finds danger of extinction, undue depletion in any waters, or to aid in the propagation and protection of immature fish, by prescribing how, how many, where, and when the fish may be taken. The orders have the force of law.

6. Take or cause to be taken at any time from any state public waters any suckers, carp, or pickerel.

7. With the governor’s approval, purchase, lease, or, subject to chapter 32-15, condemn real estate, when it is required to carry out this title, and sell it when it is no longer required, in the name of the state.

8. Lease up to ninety-nine years any department land, for the purpose of development and improvement, to any nonprofit corporation, upon consideration of specified improvements to be made by the corporation and other improvements the department and the corporation may agree upon. The lease must provide that all funds received by the corporation through lease of the property be expended upon the leased premises for development and improvements. The corporation has the authority, subject to approval by the director, to sublease the premises for cabin sites and other recreational purposes. Upon termination of the lease, the leased property, together with all improvements, reverts to the department.

9. Secure specimens of game birds, animals, and fish for breeding purposes by purchase or otherwise and by exchange with the game commissions or state game wardens of other states or countries.

10. Issue special permits to shoot wildlife from a stationary motor vehicle upon application from individuals who are physically unable to walk for purposes of hunting or taking wildlife or who have lost the use of an arm at or below the elbow. The application must be accompanied by a statement from a physician, physician assistant, or advanced practice registered nurse which verifies the individual‘s condition, and if used to hunt on lands controlled by the board of university and school lands, must designate the land on which the individual intends to hunt. The permittee must have permission from the lessee and the commissioner of university and school lands to hunt on lands controlled by the board of university and school lands. A permit issued under this subsection allows the permittee to drive, or to be driven, onto any land for the purposes of hunting wildlife, except that neither any other passenger within the vehicle nor the driver, if someone other than the permittee, may be a hunter, unless the other individual also is a permittee. If the land is privately owned and if the permittee is not going to drive or be driven along an established road or trail, the permittee first must obtain the consent of the owner or lessee to hunt on the land in the manner provided in this title.

11. Issue to any individual who is blind, is a paraplegic, or who has lost the use of one or both arms a special permit to hunt game with a crossbow if that individual otherwise complies with and qualifies under the licensing and other provisions of this title. Battery-powered and electronic-lighted sight pins and telescopic sights not exceeding a maximum power of eight may be attached to crossbows used for hunting under this subsection. However, an individual who is blind and who receives a special permit to hunt game with a crossbow under this subsection may hunt only on a preserve or area approved by the director. For purposes of this subsection, an individual who is blind means an individual who is totally blind, whose central visual acuity does not exceed twenty/two hundred in the better eye with corrective lenses, or in whom the widest diameter of the visual field is no greater than twenty degrees.

12. Issue any resident license and adopt rules if necessary to carry out resident licensing for each of the following, except a lottery permit or license may be issued only to an individual who qualifies as a resident under subdivision a:

a. A resident who is eligible for a license under this title, except that the director shall issue a license on proper application. A resident who is eighteen years of age or older must submit a valid driver’s license number from this state or valid nondriver photo identification number issued by this state before the director may issue a license.

b. An individual who has come to the state with a bona fide intention of becoming a resident, even though that individual has not been a resident of this state for the required time period immediately preceding the application for the license.

However, an individual who is eighteen years of age or older is not eligible for a resident license under this subsection unless that individual first produces a driver’s license number from this state or a nondriver photo identification number issued by this state and submits an affidavit of a bona fide resident setting forth the actual conditions of residency. An individual is not eligible for a resident license under this subsection if the individual maintains a valid resident hunting-related or fishing-related license from another state or country, unless the license is a lifetime license.

c. An individual who is a member of the United States armed forces and who is within the state on duty or leave or nonresident current North Dakota national guard member.

d. An employee of the United States fish and wildlife service or the conservation department of any state or province of Canada in the state to advise or consult with the department.

e. A nonresident full-time student living in this state who is attending an institution under the jurisdiction of the state board of higher education, a private institution of higher education, or a tribal college. A license may not be issued under this subdivision unless a valid student identification number accompanies the application.

f. A resident of this state who applies for a resident deer hunting license, is a member of the United States armed forces stationed outside this state, who shows proof of North Dakota residence, including a driver’s license number from this state or a nondriver photo identification number from this state, and who pays the appropriate licensing fee, except the director shall issue the resident deer hunting license on proper application. A deer license issued to a member of the United States armed forces under this subdivision must be issued without being subject to the lottery for deer hunting licenses.

13. Adopt rules, and issue permits for the transporting or introducing of fish, fish eggs, small game, big game, or fur-bearers after determining that the fish, fish eggs, birds, or animals have been properly inspected for disease, and that the transplanting or introduction will be in compliance with state laws and rules. No person may transplant or introduce any fish or fish eggs into any of the public waters of this state, or transplant or introduce any species of small game, big game, or fur-bearers into this state without obtaining a permit from the director.

14. Pursuant to section 4-01-17.1, cooperate with the agriculture commissioner, the United States fish and wildlife service, and other agencies in the destruction of predatory animals, destructive birds, and injurious field rodents. The director may adopt rules in accordance with organized and systematic plans of the department of the interior for the destruction of these birds and animals. The director may determine the necessity and issue permits and rules and regulations therefor for the operation and use of private aircraft to assist in the destruction of the above birds and animals and aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops.

15. Exercise authority to establish programs and rules and administer state and federal funds provided to the state for the preservation and management of resident species determined by the director to be threatened or endangered species of wildlife. The authority exercised must be in compliance with the Endangered Species Act of 1973, Public Law 93-205. Any person who violates rules adopted under this subsection is guilty of a class B misdemeanor.

16. Provide for the funding of a private land habitat and access improvement program with moneys derived from the interest earned on the game and fish fund and habitat restoration stamp fees. The director shall place these funds in a special fund called the “game and fish department private land habitat and access improvement fund”.

17. Carry out a private land habitat and access improvement program by:

a. Entering cost-sharing, habitat enhancement, and access agreements with landowners or agencies working on private land to help defray all or a portion of their share of local, state, or federally sponsored conservation practices considered beneficial to fish and wildlife.

b. Leasing and developing fish and wildlife habitat or sport fishing areas on private land. Except for purposes of subdivisions i and j, public access to leased land may not be prohibited.

c. Carrying out practices or designating an individual to carry out practices or authorizing or having the designee authorize landowners to carry out practices that will alleviate depredations caused by predatory animals and big game animals.

d. Publishing a brochure on an annual basis describing areas funded from the game and fish department private land habitat and access improvement fund which are open to public access in this state.

e. Receiving advice from the game and fish advisory board concerning expenditures from the game and fish department private land habitat and access improvement fund.

f. Working with livestock producers experiencing chronic deer depredation problems to develop site-specific deer depredation management plans.

g. Giving first consideration to producers impacted by deer foraging on stored winter forage when purchasing winter deer management supplies.

h. Making available the sum of one million dollars from each biennial game and fish department appropriation to be used to provide feeding and other winter management practices to alleviate depredation caused by big game animals. Any unexpended funds under this subdivision, up to two million dollars, are not subject to section 54-44.1-11 and may be carried forward for expenditure in future bienniums.

i. Making available the sum of one hundred thousand dollars from each biennial game and fish department appropriation to be used for food plots on private property for the purpose of providing winter feed. These food plots are not subject to public access considerations.

j. Developing agreements to compensate private landowners for the development of habitat on private property specific to the geography, form, and function necessary for addressing fish and wildlife populations.

k. Granting authority to program managers to carry out the duties of the program including signing for, negotiating, and renewing agreements and leases.

18. Subject to prior approval of the attorney general, lease or exchange lands under the director’s jurisdiction or control which are deemed necessary for the improved management of wildlife resources.

19. Subject to prior approval of the attorney general, impose any conditions or reservations to the leases or exchanges as the director determines necessary.

20. Adopt rules and issue permits for conducting fishing contests involving public waters of the state. The director by rule shall define the term “fishing contest” and shall set criteria for which a fishing contest permit is required. The director may deny permits. No person may conduct a fishing contest on public waters without first receiving a permit issued by the director.

21. Issue duplicates of lost or destroyed game and fish licenses or permits. The procedure for reissuing the licenses or permits and fees to be charged must be prescribed by the director by rule.

22. Establish noncriminal penalties for any rules adopted by the director. The maximum noncriminal penalty that may be set by the director is a fine of two hundred fifty dollars.

Violation of any rule not designated as having a noncriminal penalty is considered a criminal violation as established in the appropriate chapter of this title.

23. Issue, as a means of encouraging and promoting economic development in this state, complimentary fishing licenses to nonresident visiting dignitaries. The circumstances and conditions of complimentary fishing licenses issued must be determined by the director. The number of complimentary licenses may not exceed fifty licenses per year. The director shall determine the visiting dignitaries to be of national or international stature before they are eligible for complimentary licenses.

24. Carry out a coyote depredation prevention program by conducting practices that will alleviate depredations caused by coyotes.

25. Issue, as a means of rewarding the dedication of certified game and fish department volunteer instructors:

a. A complimentary resident certificate and combination license to resident instructors, provided under section 20.1-03-11.1; or

b. A complimentary composite of nonresident licenses to include a certificate, fishing license, general game and habitat license, small game license, statewide waterfowl license, spring white goose license, furbearer and nongame license, and a reciprocal trapping license to nonresident instructors.

Any license issued under this subsection is valid for the lifetime of the instructor. An individual is eligible for a license under this subsection if the individual has served and maintained an active status as a certified volunteer instructor in the state for thirty years. Any license issued under this subsection must be revoked by the director if the licenseholder is convicted of a felony or found to have violated any provision of this title.

26. Carry out a program that targets waterfowl resting areas within the private lands initiative program which includes payments to private landowners for lease of waterfowl resting areas on private lands that during the term of the lease provides limited public access for the hunting of waterfowl.

27. Issue free hunting licenses to an organization that sponsors hunting trips for terminally ill children. A license issued under this subsection may be used by an individual sponsored by the organization to hunt the species indicated on the license.

28. Authorize individuals with valid antlerless deer licenses to take deer on private lands determined by the director to be severely impacted by deer. Before authorizing individuals under this subsection, the director must attempt other measures and determine them to be ineffective. A landowner dissatisfied with a decision of the director under this subsection may submit the decision to the agricultural mediation service for mandatory mediation. A decision of an agricultural mediation service negotiator is subject to review by the credit review board. A decision of the credit review board under this subsection is final. The director may authorize individuals to take deer under this subsection between December first of a year through January fifteenth of the following year.

Powers of director. (Effective after March 31, 2024) The director may:

1. Fix the salaries and the necessary travel and other expenses of department personnel subject to law and legislative appropriations.

3. Accept from any person, or gather, or purchase, fish, spawn, or fry, for distribution in state waters.

6. Take or cause to be taken at any time from any state public waters any suckers, carp, or pickerel.

9. Secure specimens of game birds, animals, and fish for breeding purposes by purchase or otherwise and by exchange with the game commissions or state game wardens of other states or countries.

10. Issue special permits to shoot wildlife from a stationary motor vehicle upon application from individuals who are physically unable to walk for purposes of hunting or taking wildlife or who have lost the use of an arm at or below the elbow. The application must be accompanied by a statement from a physician, physician assistant, or advanced practice registered nurse which verifies the individual’s condition, and if used to hunt on lands controlled by the board of university and school lands, must designate the land on which the individual intends to hunt. The permittee must have permission from the lessee and the commissioner of university and school lands to hunt on lands controlled by the board of university and school lands. A permit issued under this subsection allows the permittee to drive, or to be driven, onto any land for the purposes of hunting wildlife, except that neither any other passenger within the vehicle nor the driver, if someone other than the permittee, may be a hunter, unless the other individual also is a permittee. If the land is privately owned and if the permittee is not going to drive or be driven along an established road or trail, the permittee first must obtain the consent of the owner or lessee to hunt on the land in the manner provided in this title.