North Dakota Administrative Code
Title 30 - Game and Fish Department
Article 30-04 - Fish and Wildlife Management
Chapter 30-04-03 - Guides and Outfitters
Section 30-04-03-22 - Bona fide pursuit of agricultural interests

Universal Citation: ND Admin Code ยง 30-04-03-22

Current through Supplement No. 392, April, 2024

To be exempt from regulation as an outfitter under North Dakota Century Code section 20.1-03-36.1, the person must provide services on real property that person owns or leases for the "primary pursuit of bona fide agricultural interests". The following definitions apply:

1. "Agriculture" means the production of food, feed, and fiber and other goods by the systematic growing or harvesting of plants, animals, and other life forms and includes aquaculture, cultivation, animal husbandry, and horticulture.

2. "Bona fide" means that the person earnestly intends to devote the land primarily to an agricultural pursuit. In determining a person's intent, a person's use of buildings associated with hunting, such as a hunting facility or accommodation, is generally incompatible with a primary pursuit of agricultural interest, but rather shows that the person's intent is to primarily use the land for hunting.

3. "Primary pursuit" means that the person is:

a. Actively engaged in the agricultural interest, which does not include the passive ownership of land. Receiving payment on account of agricultural land enrolled in the federal conservation reserve program does not constitute the active pursuit of agriculture by itself, rather, the individual must also be actively engaged in farming or ranching; and

b. Primarily engaged in the agricultural interest, which means the individual's farming or ranching activities must be of the first rank, importance, or value.

General Authority: NDCC 20.1-02-04

Law Implemented: NDCC 20.1-01-02, 20.1-02-15, 20.1-03-36.2, 20.1-03-37, 20.1-03-38

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