§ 20.1-03-40 — Penalty

Any person providing guide or outfitter services without a license, or while under
suspension, revocation, or denial is guilty of a class A misdemeanor. The court must suspend
an individual's hunting, trapping, and fishing privileges for at least one year under section
20.1-01-26 if an individual provided guide or outfitter services without a license, or while under
suspension, revocation, or denial, or guided on prohibited lands. Unless otherwise specified,
other violations of this chapter are a class B misdemeanor. Each client guided is subject to
separate and distinct offenses. In addition to this penalty, the director may initiate civil action in a
court of competent jurisdiction as necessary to enforce this chapter or any rule adopted under
this chapter, including an injunction to restrain a violation, without proof of actual damages
sustained by any person. Any individual who commits for remuneration or compensation an act
of fraud involving hunting or fishing or any individual who illegally takes or causes death to fish
or wildlife for remuneration or compensation may be prosecuted for theft, fraud, or conspiracy
under title 12.1 and is, upon conviction, liable for the higher amount between the actual
compensation received or the value of the fish or wildlife illegally taken or killed.