Wildlife Removal Laws in North Dakota: What You Need to Know Before You Act

A raccoon tearing through your trash, a skunk nesting under your deck, or a beaver flooding your pasture — North Dakota’s wildlife can create real problems for homeowners and farmers alike. Knowing what you can legally do about it makes all the difference between solving your problem and facing a fine.

The North Dakota Game and Fish Department holds statutory authority for all wildlife in the state, and under N.D.C.C. §20.1-01-03, ownership and control of wildlife is vested in the state — not in you as a landowner. That single principle shapes every rule covered in this article.

Before you trap, relocate, or dispatch any wild animal, read through the sections below. The rules vary significantly depending on the species, your status as a landowner or renter, and the method you plan to use.

Can You Remove Wildlife Yourself in North Dakota?

The short answer is: sometimes, but within strict limits. North Dakota law distinguishes between “unprotected” wild animals and protected species, and that distinction determines how much freedom you have to act on your own.

Under N.D.C.C. §20.1-01-02(58), “wildlife” covers any member of the animal kingdom — mammals, birds, fish, amphibians, reptiles, and invertebrates — but does not include domestic animals or birds and animals held in private ownership. Protected wildlife belongs to the state, and taking, killing, or possessing it without authorization is a violation of state law.

Landowners do have some latitude when it comes to unprotected animals and certain nuisance situations. Residents who are 16 or older need a furbearer license to trap during the open season, but residents of any age may trap on their own land during the open seasons without a license. That landowner exemption is one of the most practical tools available to North Dakota property owners dealing with wildlife conflicts.

Pro Tip: Even when a landowner exemption applies, it only covers trapping during open seasons. Outside of a declared season, you generally need a permit or professional assistance for protected furbearers. Contact the North Dakota Game and Fish Department at gf.nd.gov to confirm current season dates before you act.

Which Animals Can Be Removed Without a Permit in North Dakota?

North Dakota law categorizes wild animals as either “protected” or “unprotected.” Unprotected animals — sometimes called nongame or predator species — can generally be taken by residents without a license, though some restrictions still apply.

Animals commonly considered unprotected in North Dakota include coyotes, red foxes, striped skunks, jackrabbits, Richardson’s ground squirrels (gophers), and certain other small rodents. These species cause widespread agricultural and property damage across the state, and the law reflects that practical reality by giving landowners and residents more flexibility.

Pest birds such as house sparrows, European starlings, and pigeons (rock doves) are not protected under federal or state law and may be removed without a permit. However, you must be certain of your identification — most other bird species are protected under the federal Migratory Bird Treaty Act, which operates independently of state rules.

Important Note: Skunks and raccoons occupy a gray area in North Dakota. While striped skunks are generally unprotected, state regulations specify that skunks and raccoons may not be imported into the state for any purpose, reflecting disease-control concerns. Always verify current classification with the Game and Fish Department before acting.

If you are dealing with mice, rats, moles, or other common household pests, no state wildlife permit is required. Standard exclusion, trapping, and control methods are legal for these animals. For guidance on similar rules in neighboring states, see how wildlife removal laws in Minnesota handle unprotected species.

Which Animals Require a Licensed Wildlife Removal Professional in North Dakota?

Protected furbearers and big game animals require a permit or licensed professional for any removal outside of established hunting and trapping seasons. No person may possess any live protected animal or bird without first obtaining a permit from the director of the Game and Fish Department. That rule applies whether you caught the animal yourself or hired someone to do it.

Protected furbearers in North Dakota include beaver, mink, muskrat, otter, bobcat, fisher, badger, and weasel, among others. Big game species — white-tailed deer, mule deer, elk, moose, pronghorn, and bighorn sheep — are fully protected and require specific licenses allocated by lottery. Licenses for deer, moose, elk, bighorn sheep, pronghorn, turkey, and tundra swan are only available by lottery.

All migratory birds — including waterfowl, shorebirds, raptors, and songbirds — are protected under both the federal Migratory Bird Treaty Act and North Dakota state law. The state definition of wildlife explicitly includes “any migratory, nonmigratory, or endangered bird for which protection is also afforded by treaty or other international agreement.” Removing nests, eggs, or live birds from these species without a federal depredation permit is illegal regardless of the damage they cause.

Bats are another commonly mishandled species. They are protected under state law, and removal from structures must follow specific protocols — particularly during maternity season when young are present. A licensed wildlife control operator is the safest path for bat exclusion work.

Animal	Protection Status	DIY Removal?	Permit Required?
Coyote	Unprotected	Yes (residents)	No
Striped Skunk	Unprotected	Yes (on own land)	No (check import rules)
Beaver	Protected furbearer	Season only	Yes (outside season)
White-tailed Deer	Protected big game	No	Yes (lottery license)
Migratory Birds	Federal + state protected	No	Federal depredation permit
Bats	State protected	No	Yes
House Sparrow / Starling	Unprotected	Yes	No

For a comparison with how another state handles these distinctions, the wildlife removal laws in Colorado article covers a similarly diverse wildlife landscape.

Trapping Rules and Legal Methods in North Dakota

Trapping is ingrained in the cultural heritage of North Dakota — both Native American and European explorers and settlers relied heavily on it for survival and income. Today, regulated trapping is conducted for legitimate purposes and provides many benefits to both people and wildlife, serving as a wildlife management tool used by agencies to maintain a balance between people and wildlife.

Trapping removes individual furbearers that cause human-wildlife conflicts, such as livestock depredation, roadway flooding, and property damage. That practical purpose is why the state maintains a regulated trapping framework rather than restricting it outright.

Here are the core trapping rules you need to follow:

• License requirement: Residents who are 16 or older need a furbearer license to trap during the open season. Residents of any age may trap on their own land during open seasons without a license.
• Land access: Trapping is only allowed on Private Lands Open to Sportsmen tracts with written permission from the landowner, and only on school trust lands with written permission from the commissioner.
• Public lands: Trapping furbearers is allowed on state wildlife management areas, federal waterfowl production areas, U.S. Bureau of Land Management, U.S. Forest Service, and U.S. Army Corps of Engineers lands during open seasons, unless otherwise posted.
• Road rights-of-way: Most road rights-of-way are the property of the adjacent landowner, requiring written permission to trap; the exception is rights-of-way along state highways, which are largely public land.
• Trap tags: Trap tags are only required on cable devices (snares), not on cage/box, foothold, body-gripping, or colony traps.
• Tampering: No person other than the individual who set a trap or snare — or their authorized agent — may remove or tamper with a legally set trap or remove an animal from it.

Pro Tip: Best Management Practices (BMPs) for trapping provide science-based guidance on trap selection, animal welfare, and efficiency. The North Dakota Game and Fish Department recommends consulting BMP resources before setting any trap, especially for furbearers.

Body-gripping traps, foothold traps, cage traps, and snares are all legal in North Dakota when used within the rules above. There is no statewide ban on any of these trap types for lawful furbearer trapping, though local ordinances in cities and municipalities may impose additional restrictions.

Can You Relocate Wildlife in North Dakota?

Relocation sounds like the humane choice, but it is heavily restricted in North Dakota — and in many cases, it is outright prohibited. The state’s disease-control concerns and its interest in managing wildlife populations are the primary reasons.

Skunks and raccoons may not be imported into the state for any purpose — and that prohibition effectively extends to transporting live captured animals across county or regional lines, since such movement risks spreading rabies and other diseases into new areas.

No person may possess any live protected animal or bird without first obtaining a permit from the director. Catching a live beaver or deer and moving it to a new location — even within your own county — constitutes “possession” under state law and requires prior authorization.

For most nuisance wildlife situations, the Game and Fish Department’s position is that on-site lethal control or professional-managed live trapping with immediate disposition is preferable to relocation. When relocation is authorized, it typically happens through licensed wildlife control operators working under department oversight, not by individual property owners acting alone.

If you are curious how neighboring states approach this issue, the wildlife removal laws in Minnesota article and the wildlife removal laws in Indiana page both cover relocation rules in detail.

Hiring a Licensed Wildlife Control Operator in North Dakota

When the animal involved is protected, when you are not sure of the rules, or when the problem is inside a structure, hiring a licensed wildlife control operator (WCO) is the safest and most legally sound option. North Dakota does not maintain a separate state-issued “wildlife control operator” license in the same way some states do, but professionals performing wildlife removal work must hold the appropriate Game and Fish Department licenses — including furbearer trapping licenses — and must operate within all applicable state regulations.

When evaluating a wildlife removal company in North Dakota, ask the following questions before hiring:

1. Do you hold a current North Dakota furbearer trapping license?
2. Are you familiar with the Game and Fish Department’s rules on live possession and relocation?
3. How do you handle protected species such as bats or raptors?
4. Do you carry liability insurance for property damage during removal work?
5. Will you provide documentation of the removal method and disposition of the animal?

For bat exclusion specifically, look for operators who follow the Bat Conservation International exclusion guidelines, which prohibit exclusion work during maternity season (typically May through August) when young bats cannot fly. Excluding adults while young are present causes unnecessary mortality and may violate state wildlife protection rules.

You can reach the North Dakota Game and Fish Department directly to ask for referrals or to confirm whether a specific operator’s proposed method is lawful. See also how professionals operate under wildlife removal laws in Pennsylvania and wildlife removal laws in Washington for comparison.

Key Insight: North Dakota’s agricultural economy means many wildlife conflicts involve crop-damaging or livestock-threatening species. The Game and Fish Department has depredation provisions that allow landowners to address damage by protected species — but you must contact the department first and obtain written authorization before acting outside of normal season rules.

Penalties for Illegal Wildlife Removal in North Dakota

North Dakota takes wildlife violations seriously, and the penalties scale with the severity of the offense and the species involved. Violations range from noncriminal infractions to felony charges, depending on what was done and to what animal.

The state has a property interest in all protected wildlife, and that interest supports a civil action for damages for the unlawful destruction of wildlife by willful or grossly negligent conduct. In plain terms: if you kill a protected animal illegally, the state can sue you for the animal’s replacement value on top of any criminal penalties.

An individual who unlawfully takes a bighorn sheep, elk, or moose is subject to a civil penalty of $5,000 for a bighorn sheep, $3,000 for an elk, and $2,000 for a moose. Those figures apply to the base replacement value and can increase significantly for trophy-class animals.

Here is a summary of penalty tiers under North Dakota law:

Violation Type	Classification	Potential Consequence
Minor trapping rule violation (e.g., missing trap tag)	Noncriminal offense	Fine
Trespassing while hunting or trapping	Class B misdemeanor	Fine + license forfeiture for remainder of season
Unlawful taking of protected furbearer	Class A misdemeanor or higher	Fine + license suspension (minimum 1 year)
Unlawful take of big game (deer, elk, moose)	Criminal + civil	Fine + civil replacement value penalty
Internet-assisted illegal take of wildlife	Class C felony	Criminal prosecution

License suspension for wildlife violations runs at least one year for a first conviction, two years for a second, and three years for a third or subsequent conviction. The court may also require the defendant to complete a hunter education course before a new license can be issued.

Federal violations add another layer. Disturbing migratory birds, their nests, or their eggs without a federal permit violates the Migratory Bird Treaty Act, which carries separate federal fines and potential imprisonment independent of state penalties.

For a broader look at how wildlife removal violations are handled in other states, see the wildlife removal laws in North Carolina and wildlife removal laws in Texas articles. You may also find it useful to review North Dakota’s roadkill laws and leash laws, which intersect with wildlife management situations more often than most people expect.

When in doubt, call the North Dakota Game and Fish Department before you act. A five-minute phone call is far less costly than a misdemeanor charge, a license suspension, or a civil penalty for a protected species. The department’s staff can confirm whether a specific animal, method, or situation falls within the rules — and that confirmation protects you if questions arise later.