2016 North Dakota Century Code Title 20.1 Game, Fish, Predators, and Boating Chapter 20.1-08 Governor's Proclamations
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CHAPTER 20.1-08
GOVERNOR'S PROCLAMATIONS
20.1-08-01. Orders and proclamations have force of law - Penalty.
Any order or proclamation issued by the governor pursuant to this chapter has the force of
law. Any person who violates a provision of such order or proclamation for which a noncriminal
penalty is not provided for in the order or proclamation is guilty of a class B misdemeanor. The
maximum noncriminal penalty that may be set in an order or proclamation is a fine of two
hundred fifty dollars.
20.1-08-02. Governor may vary statutory open and closed season by order or
proclamation.
Whenever the governor, after investigation and recommendation by the director, finds:
1. That any species of wildlife for which an open season is provided, are in danger of
depletion or extinction, or when necessary for proper protection during the propagating
period, the governor may, by order, provide protection for that species additional to
that provided by law.
2. That any species of wildlife have become sufficient in numbers to warrant an open
season, or to be detrimental, or a nuisance to the farmers of the state, the governor
may, by order, declare an open season thereon, or may extend the open season
provided by law.
3. That any species of fur-bearing animals have become sufficient in numbers to warrant
an open season or have become a menace to other species of wildlife in the state, the
governor may, by order, declare an open season thereon, or may extend the open
season provided by law.
4. That due to climatic conditions a hunting season may create a fire hazard, the
governor may, by order, close or postpone, and reopen, any hunting season in areas
where these conditions exist, upon reasonable notice through the media. The
emergency closing or postponement and reopening can be accomplished without
complying with section 20.1-08-05.
20.1-08-03. Limitations on governor's powers.
The governor may not establish bag limits on upland game birds which exceed fifteen birds
in the aggregate.
20.1-08-04. Contents of governor's order or proclamation relating to the taking of big
game, small game, fish, and fur-bearers - Special permits.
1. A gubernatorial order or proclamation under this chapter must prescribe, as to each
species of wildlife named therein, the following:
a. In what manner they may be taken.
b. In what numbers they may be taken and possessed and may limit the numbers
by sex.
c. In what places they may be taken.
d. At what times they may be taken and possessed.
2. The governor in the governor's proclamation or order may determine the number of
resident and nonresident big game licenses to be issued for the taking of each
species, age, or sex. When a limited number of big game licenses or special permits
are to be issued, the governor shall by order or proclamation declare the manner of
issuance of the licenses and permits. The governor may by proclamation or order
determine the time period for which a recipient of a big game license or special permit
obtained by lottery is ineligible to apply for the same type of license or special permit.
3. In addition to the regular big game hunting licenses, the governor, by order or
proclamation, may authorize the issuance of special permits to hunt big game in
certain restricted areas. When acting pursuant to this subsection, the governor shall
designate in the proclamation:
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4.
a. The species of big game which can be hunted.
b. The boundaries of the restricted area.
c. The number of special permits to be issued.
d. The procedure to determine which applicants should receive the special permits.
e. The manner and times in which the big game may be taken.
Special permits issued under this subsection shall be issued in strict compliance with
the governor's proclamation.
The governor in the governor's order or proclamation may determine the number of
resident and nonresident paddlefish snagging tags to be issued for the taking of
paddlefish. If a limited number of paddlefish tags are to be issued, the governor shall
by order or proclamation declare the manner of issuance of the tag. The governor may
by order or proclamation determine the time period for which a recipient of a
paddlefish tag obtained by lottery is ineligible to apply for the same type of tag.
20.1-08-04.1. Governor's proclamation concerning the hunting of bighorn sheep Minnesota-Wisconsin chapter of the foundation for North American wild sheep raffle or
auction - Certain license recipients not eligible to apply again.
The governor may by proclamation provide for a season to hunt bighorn sheep in the
manner, number, places, and times as the governor prescribes. Licenses to hunt bighorn sheep
must be issued by lottery; however, the governor may by proclamation make available to the
Minnesota-Wisconsin chapter of the foundation for North American wild sheep a license to hunt
bighorn sheep in the manner, places, and times as the governor prescribes. Upon payment of
the nonrefundable application fee required by section 20.1-03-12.2, a nonresident may
participate in the state lottery. One license to hunt bighorn sheep may be issued to a
nonresident participating in the state lottery. If a nonresident is issued a license to hunt bighorn
sheep, no other nonresident may be issued a license to hunt bighorn sheep through the state
lottery. If all of the licenses to hunt bighorn sheep made available through the state lottery are
issued to residents, then a nonresident is not eligible to be issued a license to hunt bighorn
sheep through the state lottery. The Minnesota-Wisconsin chapter of the foundation for North
American wild sheep shall hold either a raffle or an auction under rules adopted by the director
with residents and nonresidents eligible to participate. Ten percent of gross raffle proceeds may
be retained by the Minnesota-Wisconsin chapter of the foundation for North American wild
sheep and ninety percent of gross raffle proceeds must be remitted to the department. All
auction proceeds must be remitted to the department. Individuals who receive a license through
the raffle or auction may not transfer the license. Individuals may participate in the state lottery
and the raffle or auction; however, individuals may not receive more than one license in any one
year. An individual may only receive one license to hunt bighorn sheep through the state lottery
in a lifetime. An individual who has been convicted of illegally taking a moose, elk, or bighorn
sheep is not eligible to apply for or receive a license under this section.
20.1-08-04.2. Governor's proclamation concerning the hunting of moose - Raffle.
The governor may by proclamation provide for a season to hunt moose in a manner,
number, places, and times as the governor prescribes. Licenses to hunt moose must be issued
by lottery, except as provided under subsection 8 of section 20.1-03-11, with only residents
eligible to apply; however, the governor may by proclamation make available to the North
American wildlife enforcement memorial museum and educational center and the rocky
mountain elk foundation one license per year to hunt moose in a manner, places, and times as
the governor prescribes. In addition, the governor may by proclamation make available a license
under section 20.1-08-04.13. The North American wildlife enforcement memorial museum and
educational center and the rocky mountain elk foundation shall hold a raffle under rules adopted
by the director with residents and nonresidents eligible to participate. The person who receives
the license from the raffle may not transfer the license. No more than ten percent of the gross
proceeds of the raffle may be used to promote the raffle. Fifty percent of all net proceeds must
be used for elk management or other wildlife and in conservation-related projects in this state as
described under rocky mountain elk foundation policies and objectives. All remaining net
proceeds must be used for construction and maintenance of the North American wildlife
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enforcement memorial museum and educational center located at the international peace
garden. The North American wildlife enforcement memorial museum and educational center and
the rocky mountain elk foundation shall submit reports concerning the raffle as the director
requires. A person may only receive one license to hunt moose issued by lottery in a lifetime. An
individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not
eligible to apply for or receive a license under this section.
20.1-08-04.3. Governor's proclamation concerning fishhouses.
The governor may by proclamation prescribe those areas where a fishhouse, used or to be
used while ice fishing, or a dark house, used or to be used for spearfishing, is permitted. Such
proclamation may set forth the dates during which fishhouses or dark houses may be used or
that date by which fishhouses or dark houses must be removed from the ice.
20.1-08-04.4. Governor's proclamation concerning underwater spearfishing.
The governor shall by proclamation provide for a season for resident underwater
spearfishing for game fish in this state in a manner as the governor shall prescribe.
20.1-08-04.5. Governor's proclamation concerning the hunting of deer with
muzzleloading firearms.
The governor shall by proclamation provide for a muzzleloading firearm season following
the regular deer hunting season to hunt deer with muzzleloading firearms in the manner,
number, places, and times as the governor prescribes. Licenses to hunt deer with
muzzleloading firearms must be issued by the director by lottery as prescribed by the director.
The director shall issue two percent of the total white-tailed deer gun licenses available each
year to hunters with muzzleloading firearms. Of the two percent, one-half of the licenses issued
may be for antlered white-tailed deer.
20.1-08-04.6. Governor's proclamation concerning the hunting of elk - Rocky
mountain elk foundation raffle.
The governor may by proclamation provide for a season to hunt elk in a manner, number,
places, and times as the governor prescribes. Licenses to hunt elk must be issued by lottery,
except as provided under subsection 7 of section 20.1-03-11, with only residents eligible to
apply; however, the governor may by proclamation make available to the rocky mountain elk
foundation and the North American wildlife enforcement memorial museum and educational
center a license to hunt elk in a manner, places, and times as the governor prescribes. In
addition, the governor may by proclamation make available a license under section
20.1-08-04.13. The rocky mountain elk foundation and the North American wildlife enforcement
memorial museum and educational center shall hold a raffle under rules adopted by the director
with residents and nonresidents eligible to participate. No more than ten percent of the gross
proceeds of the raffle may be used to promote the raffle and fifty percent of all net proceeds
must be used for elk management or other wildlife and conservation-related projects in North
Dakota as described under rocky mountain elk foundation policies and objectives and all
remaining net proceeds must be used for construction and maintenance of the North American
wildlife enforcement memorial museum and educational center located at the international
peace garden. The rocky mountain elk foundation and the North American wildlife enforcement
memorial museum and educational center shall submit reports concerning the raffle as the
director requires. An owner of farmed elk who is experiencing elk depredation problems may
contact the director. Upon investigation, the director may issue special elk depredation
management licenses. The governor by proclamation shall establish a procedure to issue elk
depredation management licenses in a timely manner. Except for landowners who receive a
license under subsection 7 of section 20.1-03-11 and landowners who receive special elk
depredation management licenses issued to landowners under subsection 7 of section
20.1-03-11, and persons who receive a special elk depredation management license issued by
lottery under this section, a person may only receive one license to hunt elk issued by lottery in
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a lifetime. An individual who has been convicted of illegally taking a moose, elk, or bighorn
sheep is not eligible to apply for or receive a license under this section.
20.1-08-04.7. Governor's proclamation concerning the hunting of predators.
Notwithstanding any other provision of law, the governor may provide by proclamation for
the taking of any wildlife, whether protected or unprotected, determined by the governor to be a
harmful predator, in a manner and number, at any place, and during any time, including after
dark, as the governor prescribes.
20.1-08-04.8. Governor's proclamation concerning the hunting of mule deer - Mule
deer foundation raffle and auction.
By proclamation, the governor may make available to the mule deer foundation one license
per year to hunt mule deer in the manner, places, and times as the governor prescribes. The
mule deer foundation shall hold a raffle or by proclamation the governor may auction to the
highest bidder, whether resident or nonresident, a license to hunt mule deer in the manner,
places, and times the governor prescribes. If an individual receives a mule deer license through
the raffle or the auction, the individual is not eligible to apply for a mule deer license through the
game and fish department that year. No more than ten percent of the gross proceeds of the
raffle may be used to promote the raffle and all net proceeds of the raffle and all proceeds of the
auction must be used for mule deer management and related projects in North Dakota. The
mule deer foundation shall submit reports concerning the raffle as the director requires.
20.1-08-04.9. Small game proclamation - Pheasants.
The governor, in the governor's proclamation, shall prohibit a nonresident from hunting for
the first seven days of the pheasant season on land owned or private land enrolled by the
department for the purposes of hunting or on land for which the department pays in lieu of tax
payments.
20.1-08-04.10. Governor's proclamation concerning restrictions on cervidae carcass
importation due to chronic wasting disease.
The governor, through proclamation or executive order, may restrict the importation and
disposition of the carcass or carcass parts of any animal in the family cervidae taken from any
areas within states or provinces that have documented cases of chronic wasting disease in wild
populations or taken from captive hunt or farm facilities.
20.1-08-04.11. Governor's executive order or proclamation declaring animal health
emergency.
In accordance with chapter 37-17.1, the governor may declare an animal health emergency
upon determining that the wildlife of this state are at risk from diseases imported by foreign
animals, a foreign animal disease, bioterrorism event, or an emerging animal disease. Upon the
declaration of an animal health emergency the governor, after consultation with the state
veterinarian or state board of animal health, may order the sampling, destruction, and
disposition of wildlife populations, as the governor deems necessary to abate the animal health
emergency.
20.1-08-04.12. Governor's proclamation concerning the hunting of antelope - North
Dakota hunter educators association raffle.
By proclamation, the governor may make available to the North Dakota hunter educators
association one license per year to hunt antelope in the manner, places, and times as the
governor prescribes. The North Dakota hunter educators association shall hold a raffle under
rules adopted by the director. Only residents are eligible to participate. No more than ten
percent of the gross proceeds of the raffle may be used to promote the raffle and all net
proceeds of the raffle must be used for sponsoring mentored hunts for youth who may otherwise
not have the means to go afield to hunt; establishing a statewide network of shooting locations
for youth to become familiar with archery equipment and firearms under the supervision of a
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certified volunteer hunter education instructor; and purchasing advertising in news media during
hunting season concerning firearms safety and hunting ethics and the promotion of safe and
responsible hunting. If an individual receives an antelope license through the raffle, the
individual is not eligible to apply for an antelope license through the game and fish department
that year. The North Dakota hunter educators association shall submit reports concerning the
raffle as the director requires.
20.1-08-04.13. Governor's proclamation concerning once-in-a-lifetime big game hunts
for youth with cancer or a life-threatening illness - Rules.
By proclamation, the governor may make available annually to the outdoor adventure
foundation one any elk license, one any moose license, up to seven deer licenses, and up to
two antelope licenses to hunt the species indicated on the license in the manner, places, and
times as the governor prescribes. The foundation shall make one license available to each
qualified youth to hunt the species of big game indicated on the license as provided in the
governor's proclamation. A qualified youth receiving a license under this section must comply
with hunter education requirements and if under the age of eighteen must be accompanied by
an adult twenty-one years of age or older. As used in this section, "qualified youth" means an
individual who has been diagnosed with cancer or a life-threatening illness, is of legal age to
hunt the species for which the license is valid, is under twenty-five years of age, is a resident,
and is sponsored by the foundation. The foundation must provide the department supporting
documentation demonstrating compliance with this section. The director may adopt rules to
implement this section.
20.1-08-04.14. (Effective through June 30, 2017) Governor's proclamation concerning
the hunting of elk - Annie's house at Bottineau winter park raffle.
The governor may by proclamation provide for a season to hunt elk in a manner, number,
places, and times as the governor prescribes. Licenses to hunt elk must be issued by lottery,
except as provided under subsection 7 of section 20.1-03-11, with only residents eligible to
apply; however, the governor may by proclamation make available to Annie's house at Bottineau
winter park a license to hunt elk in a manner, places, and times as the governor prescribes.
Annie's house at Bottineau winter park shall hold a raffle under rules adopted by the director
with residents and nonresidents eligible to participate. No more than ten percent of the gross
proceeds of the raffle may be used to promote the raffle and all remaining net proceeds must be
used to support the operations of Annie's house at Bottineau winter park. Annie's house at
Bottineau winter park shall submit reports concerning the raffle as the director requires. An
individual who has been convicted of illegally taking a moose, elk, or bighorn sheep is not
eligible to receive a license under this section.
20.1-08-05. Proclamation to be published - Exceptions - Period proclamation is in
effect.
Except as provided in subsection 4 of section 20.1-08-02, a summary of each order or
proclamation issued by the governor pursuant to this chapter must be published once in the
official newspaper of each county affected thereby. The summary must include a list of the
species that may be harvested, the date that the season for each species opens and closes, the
daily and possession limits for each species, any changes in regulations from the previous year,
and any changes in units opened or closed to hunting or fishing from the previous year. The
summary must also list the address and telephone number of the game and fish department
and state that a copy of the complete legal proclamation may be obtained from the department.
No order or proclamation becomes effective until after the department prints each complete
proclamation or order and distributes a copy to each county auditor affected thereby.
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