Legal Guidelines for Taxidermists

1. A taxidermist license is necessary in order to practice taxidermy for pay. Applications for the license can be made online.
2. A federal permit is also required if a taxidermist wishes to mount migratory birds. Information regarding federal regulations may be obtained by writing the US Fish and Wildlife Service, Migra­tory Bird Permit Office, PO Box 25486, Denver, CO 80225-0486, or call 303-236-8171.
3. Licenses are issued on a calendar year basis.
4. Each licensed taxidermist must keep a record showing the name of every person who furnished him with a green or unmounted specimen, and the species of each such specimen. Upon request, the licensee must exhibit such record and all unmounted specimens in his possession to the director, deputy director, or any bonded game warden.
5. Only legally taken game birds, animals or fish, or unprotected species of wildlife may be used for mounting purposes. Cottontails, jackrabbits, snowshoe hares, skunks, ground squirrels, chipmunks, English sparrows, and starlings are unprotected. For all migratory birds, check the federal regulations.
6. Parts of migratory birds may not be sold or bar­tered except as provided under federal law. Parts of legally taken game birds may not be sold or bartered except as provided under federal law.

The sections of the North Dakota Century Code affecting taxidermy are:

Licenses

20.1-03-14. Practicing taxidermy for pay without a license unlawful. No person may practice taxi­dermy for pay in this state without a taxidermist's license. Each violation of this section is a distinct and separate offense.

20.1-03-15. Taxidermist's license - Who to issue. The director shall issue an annual license to practice taxidermy upon payment of the license fee of $25.

20.1-03-16. Records required of licensed taxidermists - Contents - Inspection of records and unmounted specimens by game officials - Penalty. Each person having a license to practice taxidermy shall keep a record showing the name of every person who furnished the licensee with a green or unmounted specimen and the species of each specimen. The licensee, upon request, shall exhibit the record and all unmounted specimens in the licensee's possession to the director, the deputy director, or any bonded game warden. Any person who violates this section is guilty of a class 1 noncriminal offense.

Protected Animals

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.

20.1-05-02. Big game animals protected. Except as otherwise provided in section 20.1-02-28, a person may not hunt, harass, chase, pursue, take, attempt to take, possess, transport, ship, convey by common or private carrier, sell, barter, or exchange a big game animal except as provided in this title.

20.1-06-11. Fish legally taken out of state. Fish abounding in the waters of this state, and legally caught out of state, may be possessed, transport­ed, or shipped in state. Evidence they have been legally caught must accompany such fish. This does not apply to persons, firms, corporations, or limited liability companies that peddle such fish or sell them from a permanently located wholesale fish market, jobbing house, or other place for the wholesale marketing of fish, or a grocery store or retail fish market which may legally possess such fish by complying with section 20.1-06-10.

20.1-07-03. Fur-bearing animals which are pro­tected not to be taken or disturbed during closed seasons. No person may hunt, shoot, trap, or take, in this state, any furbearer, except during the open or lawful season thereon as established under section 20.1-07-04 or 20.1-08-02.

20.1-07-03.1. Use of snares for taking coyotes - Restrictions - Identification - Snare standards.

1. The governor shall establish by proclama­tion an upland snaring season for the taking of coyotes.
2. No person may set or lay any snare for the purpose of taking coyotes on land belonging to another private person without receiving written permission from that person.
3. A person using a snare for the purpose of taking coyotes shall permanently affix with a metal or plastic tag that person's name, ad­dress, and telephone number to each snare being used.
4. The director shall establish and publish in pamphlet form safety standards for snares used for the taking of coyotes, which will prevent the accidental holding of deer and other appropriate animals. These standards must be followed by any person using a snare pursuant to this section.

20.1-07-06. Unlawful possession of furbearers­ -

Each violation is a distinct offense. No person may unlawfully:

1. Kill, take, attempt to take, possess, trans­port, accept for transportation, buy, sell, offer for sale, barter, or otherwise dispose of any fur-bearing animal or any part thereof.
2. Take or attempt to take any furbearer outside a regularly prescribed season or without a license or as provided in section 20.1-07-04, or violate any of this chapter.

Each violation constitutes a distinct and separate offense.

20.1-01-02. Definitions. In this title, unless the context otherwise requires:

1. 2. "Any part thereof or "the parts thereof includes the hide, horns, or hoofs of any animal specified and the plumage, skin, and every other part of any bird specified.
2. 5. "Big game" means deer, moose, elk, big­horn sheep, mountain goats, and antelope.
3. 18. "Furbearers" includes mink, muskrats, wea­sels, wolverines, otters, martens, fishers, kit or swift foxes, beavers, raccoons, badgers, wolves, coyotes, bobcats, lynx, mountain lions, black bears, and red or gray foxes.
4. 19. "Game birds" includes all varieties of geese, brant, swans, ducks, plovers, snipes, woodcocks, grouse, sagehens, pheasants, Hungarian partridges, quails, partridges, cranes, rails, coots, wild turkeys, mourning doves, and crows.
5. 22. "Harmful wild birds" includes blackbirds, magpies, English sparrows, and starlings.
6. 23. "Harmless wild birds" includes all wild birds not defined herein as "harmful wild birds" or "game birds".
7. 39. "Possession" means control, actual posses­sion, and constructive possession of the article or thing specified.
8. 45. "Sell" and "sale" means any sale or offer to sell, or possession with intent to sell, use, or dispose of, the article or thing specified, contrary to law.
9. 49. "Small game" includes all game birds and tree squirrels.
10. 55. "Waterfowl" includes all varieties of geese, brant, swans, ducks, rails, and coots.

Other