North Dakota Code 20.1-16-03 – Reciprocal recognition of license suspensions – Suspension of privileges for conviction in participating state – Penalty
1. When the department receives notice of the suspension of a person‘s hunting, trapping, or fishing privileges by a participating state, the department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under this state’s law. If the department determines that the person’s privileges could have been forfeited, the department may suspend the person’s privileges to hunt, trap, or fish in this state for the same period as imposed by the participating state not to exceed the maximum limits allowed by state law.
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 A misdemeanor | up to 360 days | up to $3,000 |
Terms Used In North Dakota Code 20.1-16-03
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the game and fish department. 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
- Person: includes every partnership, association, corporation, and limited liability company. 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
- 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
2. When the department receives notice of a conviction of a state resident from the licensing authority of the issuing state, the department may treat the conviction as if it had occurred in this state and shall determine whether the conviction could have led to the forfeiture of the resident’s hunting, trapping, or fishing privileges under state law. If the department determines that the resident’s privileges could have been forfeited, the department may suspend the resident’s privileges to hunt, trap, or fish in this state for the same period as the issuing state, not to exceed the limit that could have been imposed under state law.
3. Notice of the suspension must be sent to the person, who must surrender any current North Dakota hunting, trapping, or fishing licenses to the department within ten days.
4. A person whose privileges have been suspended and who hunts, traps, or fishes in this state, who applies for or purchases any licenses or permits to hunt, trap, or fish in this state, or who refuses to surrender any current hunting, trapping, or fishing licenses as required is guilty of a class A misdemeanor.