# Title 20.1 — Game, Fish, Predators, and Boating

## Chapter 20.1-04 — Birds, Regulations

### § 20.1-04-01. General penalty.

Any person violating a provision of this chapter for which a penalty is not specifically
provided is guilty of a class B misdemeanor.
### § 20.1-04-02. Game birds protected.

No person may hunt, take, kill, possess, convey, ship, or cause to be shipped, by common
or private carrier, sell, or barter any game bird or any part thereof taken in this state, except as
provided in this title.
### § 20.1-04-02.1. Game bird parts - Decorative purposes.

Nothing in this title prohibits the use of any part of a legally taken game bird for decorative
purposes or in the making of art works for private use or sale, except that any part of any legally
taken migratory bird may not be sold or bartered except as provided under federal regulations.
### § 20.1-04-03. Harmless wild birds protected - Imported songbirds as domestic pets may

be possessed and sold.
No person, without a permit issued by the director, shall kill, catch, take, ship, cause to be
shipped, purchase, offer, or expose for sale, sell, have in that person's possession or under that
person's control, any harmless wild bird, or any part thereof, irrespective of whether the
harmless wild bird was captured or killed in or out of this state. Imported songbirds used and to
be used as domestic pets may be bought, sold, shipped, or possessed at any time.
### § 20.1-04-04. Nests and eggs of protected birds protected.

No person, without a permit issued by the director, may take, have in that person's
possession or under that person's control, or needlessly break up or destroy, or in any manner
interfere with, the nest or the eggs of any kind of bird, the killing of which is prohibited.
### § 20.1-04-05. Golden eagle, bald eagle protected.

Repealed by S.L. 2017, ch. 172, § 3.
### § 20.1-04-06. Possession limit of game birds.

A person may not possess, control, ship, transport, or store, can, or otherwise preserve,
more than the number authorized in the governor's proclamation of any species of game bird
mentioned in this chapter. However, properly tagged game birds legally taken out of state or
taken on Indian land may be possessed, transported, or shipped in state.
### § 20.1-04-07. Governor's proclamation concerning the taking of wild turkeys - Youth

spring wild turkey licenses - Spring wild turkey licenses.
1. The governor by proclamation may provide for a season to take wild turkeys in the
manner, number, places, and times deemed in the state's best interests. The governor
by proclamation may allow individuals who are first-time youth spring wild turkey
hunters to receive one spring wild turkey license valid for the regular spring wild turkey
season. To be eligible to receive a spring wild turkey license, an individual must be
fifteen years of age or younger on the opening day of the spring wild turkey season
and have never received a spring wild turkey license.
2. The governor by proclamation shall make available to residents and nonresidents any
licenses remaining after the resident fall drawing.
### § 20.1-04-07.1. Spring wild turkey licenses - Nonprofit organizations.

The director shall issue four spring wild turkey licenses and permits to hunt wild turkeys to
individuals residing in North Dakota who are selected by a nonprofit organization as provided
under section 20.1-05.1-01.

### § 20.1-04-08. Red, yellow, or orange color to be displayed by hunters of wild turkeys -

Exception.
Repealed by S.L. 1983, ch. 276, § 1.
### § 20.1-04-09. Guns lawfully usable in pursuing or taking game birds - Penalty.

Repealed by S.L. 1991, ch. 246, § 1.
### § 20.1-04-10. Shell-holding capacity of shotguns used in taking game birds restricted -

Plugs authorized - Penalty.
Repealed by S.L. 1999, ch. 224, § 1.
### § 20.1-04-11. Blinds, boats, and decoys lawfully usable in taking ducks and geese.

Wild ducks and geese may be taken:
1. In the open or from a stationary natural or artificial blind or other place of concealment
on land or water, except a sinkbox.
2. From a floating craft, excluding a sinkbox, if the floating craft is:
a. Beached, or fastened within or tied immediately alongside any type of fixed
hunting blind;
b. Resting at anchor if authorized by governor's proclamation;
c. Without a motor, propelled exclusively by paddle, oars, or pole; or
d. With a motor, if the craft is at rest and the motor has been turned off.
3. With the aid of artificial decoys. The use, directly or indirectly, of live duck or goose
decoys is not permitted.
A motorboat, sailboat, or other craft may be used to pick up dead or injured birds. An individual
may not shoot from a motorboat, sailboat, or other craft except as provided in this section.
### § 20.1-04-12. When gun dogs not to be trained or permitted to run loose - Exceptions -

Penalty.
No person, classified as a professional trainer, between April first and July fourteenth of
each year, both dates inclusive, may train or run any gun dog or allow any such dog to run
loose. For purposes of this section, a professional trainer is any person who trains any breed of
gun dog for remuneration which is the basis for the person's livelihood. This section does not
prohibit the running of gun dog field trials, nor does this section prohibit the training of an
individual's personal gun dog during that period provided that:
1. Landowner permission is secured by the trainer;
2. The trainer is present;
3. No native game birds are killed or captured; and
4. The training is not on a designated game management area or designated waterfowl
production area.
Any person who violates this section is guilty of a class 2 noncriminal offense.
### § 20.1-04-12.1. Gun dog activities - Permit required - Fee.

1. The director shall issue a permit for the following gun dog activities:
a. The training exercises of a resident or nonresident professional trainer;
b. The training exercises of a nonresident amateur trainer who brings more than
four gun dogs into the state; and
c. Hosting field trials that use live wild birds.
2. The application for the permit must be in a form prescribed by the director and must be
accompanied by the appropriate fee.
3. Upon the receipt of the completed application and fee the director shall issue a permit
for a specified period of time and shall require the permitholder to submit an annual
report.
4. The fees for the permits are:
a. For a resident professional gun dog trainer for training exercises or hosting field
trials, twenty dollars.

b. For a nonresident professional or amateur gun dog trainer who brings more than
four gun dogs into the state for training exercises or hosting field trials,
one hundred dollars.
5. For purposes of this section, a professional trainer is a person who trains any breed of
gun dog for remuneration that is the basis for that person's livelihood.
### § 20.1-04-12.2. Gun dog training area - Permit.

Notwithstanding section 20.1-04-12, a professional trainer may apply to and obtain from the
department a permit designating a specific training area, not to exceed forty acres [16.19
hectares], as an exempt training area.
1. In the exempt training area, a professional trainer may train or run any gun dog or
allow the gun dog to run loose at any time.
2. The fee for the permit may not exceed ten dollars per year.
### § 20.1-04-13. When harmful wild birds may be killed.

Any person may kill any harmful wild bird in this state during daylight hours.
### § 20.1-04-14. Use of propane exploders - Penalty.

Any propane exploder or similar noisemaking device designed to ward off blackbirds which
is located within one hundred sixty rods [804.67 meters] of an inhabited dwelling may only be
used during the period between sunrise and sunset. Any person who violates this section is
guilty of a class 2 noncriminal offense.
### § 20.1-04-15. Pheasant season - Opening.

The open or lawful season on pheasant and the open or lawful season on duck may not
commence on the same weekend. Except as otherwise provided in this section for the opening
of pheasant season for youth, the open or lawful season on pheasant may not open earlier than
one-half hour before sunrise and the season may not commence earlier than the first Saturday
of October nor later than October twelfth of any given year. The governor, in the governor's
proclamation, may provide a pheasant hunting season for youth.
