From the ND game and fish boating safety guide:
Termination of Unsafe Use
Any law enforcement officer who observes a vessel being used without sufficient lifesaving or fire fighting devices or in an overloaded or other unsafe condition as defined in Department regulations and in his or her judgment such use creates an especially hazardous condition, may direct the operator to take whatever immediate and reasonable steps would be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and to remain there until the situation creating the hazard is corrected or ended. For the purpose of this provision, an unsafe condition is any of the following:
- Operating without required boat safety equipment.
- Operating in an overloaded condition.
- Fuel leakage or presence of fuel in the bilges.
- Riding on the bow, gunwales, transom, or on the backs of seats without taking precautions sufficient to prevent falls overboard.
- Operating a boat in a state of gross disrepair, rendering it in unseaworthy condition.
- Operating in weather or water conditions which endanger the boat and its occupants.