Sources: North Dakota Century Code, 1991, Title 20.1; 1992 Special Supplement.
STATE WILDLIFE POLICY
The ownership of and title to all wildlife within this state is in the state for the purpose of regulating the enjoyment, use, possession, disposition, and conservation thereof, and for maintaining action for damages as herein provided. Any person catching, killing, taking, trapping, or possessing any wildlife protected by law at any time or in any manner is deemed to have consented that the title thereto remains in this state for the purpose of regulating the taking, use, possession, and disposition thereof (20.1-01-03).
PROTECTED SPECIES OF WILDLIFE
No person without a permit shall kill, catch, take, ship, purchase or possess, any harmless wild bird, or part, whether it was captured or killed in or out of this state. Imported songbirds used as domestic pets may be bought, sold, shipped, ir possessed. No person, without a permit from the Director, may take, possess, break up or destroy, or interfere with the nest or eggs of any bird, the killing of which is prohibited. No person may take, kill, hunt, possess, sell, purchase, pursue, shoot at, disturb, capture or destroy any golden eagle, bald eagle, or any nest or egg thereof, within North Dakota (20.1-04-03 through -05). (See also RELEVANT WILDLIFE DEFINITIONS.)
HABITAT PROTECTION
A person owning, erecting or controlling a dam on any river, creek or stream within or forming the boundary of the state, shall construct and keep in good repair, a durable and efficient fishway in the manner, shape and size as the Director may direct. After ten days notice to comply, the Director may construct or repair the fishway and recover the costs from the violator who owns the dam (20.1-06-15).
Game Refuges and Game Management Areas
A person owning or having control by lease or otherwise, for the required time, of any lands within this state may establish a state game refuge thereon by filing with the Director a written application, giving: name, written consent, time for which refuge is to be established which must be a minimum of five years from date of application and which may be renewable by mutual consent; the extent and legal description of the lands involved which must be a minimum of ten acres but cannot exceed six sections in any one township; a brief dedication of the lands to the state for a game refuge; a waiver by the owner of all rights of that person and family to hunt, shoot, trap or kill any game bird or protected animal during the life of the dedication of the lands as a state game refuge. After filing with the Director, and acceptance, the lands described in the application become a state game refuge for the stated time (20.1-11- 02). The owner, lessee of land surrounding or adjoining any lake within this state, pursuant to section 20.1-11-02, may dedicate the lake to the state for a breeding, resting and refuge place for migratory waterfowl (20.1-11-03). The owner or lessee of lands or water set aside as a state game refuge may not hunt or carry firearms thereon, nor permit family or other persons to do so. However, with the Director's permission, carnivorous birds or animals within the refuge may be hunted, trapped and killed if preying upon protected game birds or animals within the refuge (20.1-11-08). The Director shall mark/post all game farms, state game refuges, game or fish management areas, breeding grounds and resting places under the Director's protection, and destruction or mutilation of signs or marks is illegal (20.1-11-10). Department posting of private land as a waterfowl rest area requires the permission or consent of landowner (20.1-11- 11).
The Director may establish game or fish management areas upon any state-owned lands for the use and benefit of the Department, or upon any publicly or privately owned land leased or given by license to the Department for hunting and fishing purposes. These management areas may be opened for hunting, fishing and trapping purposes as provided by statute and regulations adopted by the Director. The Director may establish state game refuges on any unsold public lands of this state. The refuge continues to exist until canceled by the Director or until the land is sold to a private person. The Director shall keep a record of all state game refuges established on privately owned or leased lands or on public lands, listing each by county and showing name of the dedicator, period of dedication, and legal description of the land, such record to be open to public inspection. Each such area is to be posted by the Director (20.1-11- 04 through -07). The Board of University and School Lands, for wildlife restoration projects, may transfer and convey to the Department any state school land not exceeding 640 acres for any one project, such transfer to be made in exchange for other land of equal value owned by the state for the use of the Department or acquired by the Department for exchange purposes (20.1-11-12).
Except as otherwise provided, no person may: hunt, shoot, trap, kill, wound, take or capture any game bird or protected animal within any state or federal game refuge or state game management area; drive any game bird or protected animal out of such refuge to kill or capture it; or be found within the boundaries of such refuge in possession of a firearm (20.1- 11-13). Violation relating to game refuges or management areas for which a penalty is not specifically provided: class B misdemeanor (20.1-11-01). (See also Agency Powers and Duties, under STATE FISH AND WILDLIFE AGENCIES, and License Provisions under HUNTING, FISHING, TRAPPING PROVISIONS.)
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu