North Dakota Code 20.1-05-04 – Using certain animals and artificial lights in taking big game unlawful
1. While hunting, pursuing, killing, taking, or attempting to take, or to aid in the hunting or taking of, any big game animal, an individual may not:
Terms Used In North Dakota Code 20.1-05-04
- Big game: means deer, moose, elk, bighorn sheep, mountain goats, and antelope. 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
- Immediate area: means the surrounding area within one hundred yards [91. See North Dakota Code 20.1-01-02
- Individual: means a human being. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
a. Use any animal except: (1) Horses; (2) Mules; or
(3) For the recovery of big game animals, dogs which must be:
(a) Leashed and under the physical control of a handler at all times; and
(b) Accompanied at all times by both a handler and the hunter responsible for the taking of the big game animal.
b. Carry a firearm or archery equipment while using a dog during the recovery of a big game animal, except a dog handler may carry a handgun during the recovery of a big game animal when in the presence of the dog. A dog handler carrying a handgun may not use the handgun in any manner to assist in the recovery of a big game animal. A dog handler carrying a handgun must have permission from the landowner or individual authorized by the landowner before entering private land for the recovery of a big game animal. If a big game animal is found alive during the recovery, the dog and handler shall leave the immediate area. Before the beginning of the recovery, the handler of the dog shall notify the district game warden of the involvement of the dog in the recovery of the big game animal and provide to the district game warden the contact information of all parties involved in the hunt and the location in which the big game animal was tracked.
c. Use artificial light, including a spotlight or automobile or motorcycle headlight, except artificial light may be used in the recovery process of big game animals.
d. Engage in the practice commonly known as shining for deer. An individual who shines an area commonly frequented by big game animals with artificial light, between the hours of sunset and sunrise, is in violation of this section. However, an individual may use an artificial light, night vision, thermal vision, or infrared light with a power source of not more than six volts in the area while hunting afoot to take coyote, fox, raccoon, or beaver.
2. For purposes of this section, “recovery” means the time after a firearm or archery equipment is used in the taking of a big game animal until the expired animal is located.