CHAPTER 20.1-02
GAME AND FISH DEPARTMENT
20.1-02-01. Director of the game and fish department - Office to be maintained -
Appointment - Term - Removal. The governor shall appoint the director of the game and fish<br>department. The director holds office for a term of four years beginning on the first day of July<br>after the governor's election and until a successor is appointed and qualified. The director is<br>subject to removal by the governor for cause only.
20.1-02-02. Oath of director. Before entering upon that individual's duties and within
ten days after the date of appointment, the director shall take and file the oath prescribed for civil<br>officers.
20.1-02-03.
Compensation and expenses of director - Audit and payment.
The
salary of the director must be within the amount appropriated for salaries by the legislative<br>assembly. The director must be reimbursed for the necessary expenses incurred by the director<br>in the performance of the director's duties. The director's salary and expenses must be paid out<br>of the game and fish fund and must be audited and paid in the same manner as the salary and<br>expenses of other state officers.
20.1-02-04. Duties of director. The director shall:
1.
Maintain an office in Bismarck.
2.
Adopt rules necessary to the conduct of the department.
3.
Keep an accurate record of all the transactions and expenditures of the department<br>and submit a biennial report to the governor and the secretary of state in accordance<br>with section 54-06-04.
4.
Enforce state laws involving wildlife.
5.
Collect and distribute statistics and information germane to this title and publish<br>information and reports, including a monthly bulletin, for the education of the public<br>in conservation matters.
6.
Examine all waters of the state and, wherever suitable waters are found, arrange to<br>plant, stock, or deposit available fish, spawn, or fry.
7.
Cooperate with the United States fish and wildlife service, or any other appropriate<br>federal agency, and make applications for fish, spawn, and fry, to apportion and<br>deposit in waters of the state.
8.
Cooperate with and assist clubs and individuals in stocking the waters of this state<br>with fish.
9.
Remove or take from any public waters containing a surplus of fish any reasonable<br>quantity of fish for stocking other public waters, hatching or propagating purposes, or<br>exchange with other states and countries.
10.
Control, construct, mark, designate, manage, and have charge of all state fish<br>hatcheries, state game farms, game refuges, and game reserves owned, leased, or<br>controlled for the propagation and protection of game birds, game animals, and fish.
11.
Supervise the breeding, propagation, capture, distribution, and preservation of game<br>birds, game animals, and fish as the director deems advisable.
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12.
Adopt rules necessary for carrying out section 20.1-10-01 and these rules have the<br>force of law after one publication in the daily newspapers of this state.
13.
Provide the necessary blank forms for making applications for licenses of all kinds<br>and distribute them among those authorized to sell licenses.
14.
Keep a record of all permits issued for the purpose of propagation and domestication<br>of game birds or protected animals.
20.1-02-05. Powers of director. The director may:
1.
Fix the salaries and the necessary travel and other expenses of department<br>personnel subject to law and legislative appropriations.
2.
Employ any part-time personnel necessary to run the director's office and remove<br>the employees at will. Salaries and necessary traveling and other expenses of these<br>appointees must be authorized, audited, and paid in the same manner as salaries<br>and expenses of state officers.
3.
Accept from any person, or gather, or purchase, fish, spawn, or fry, for distribution in<br>state waters.
4.
Take alive at any time, under the director's personal supervision or under the<br>personal supervision of any of the director's bonded appointees, any birds or<br>animals for propagation purposes or for exchange with other states and foreign<br>countries for game birds and animals of other species.
5.
Order additional protection for any fish with an open season when, after<br>investigation, the director finds danger of extinction, undue depletion in any waters,<br>or to aid in the propagation and protection of immature fish, by prescribing how, how<br>many, where, and when the fish may be taken. The orders have the force of law.
6.
Take or cause to be taken at any time from any state public waters any suckers,<br>carp, or pickerel.
7.
With the governor's approval, purchase, lease, or, subject to chapter 32-15,<br>condemn real estate, when it is required to carry out this title, and sell it when it is no<br>longer required, in the name of the state.
8.
Lease up to ninety-nine years any department land, for the purpose of development<br>and improvement, to any nonprofit corporation, upon consideration of specified<br>improvements to be made by the corporation and other improvements the<br>department and the corporation may agree upon. The lease must provide that all<br>funds received by the corporation through lease of the property be expended upon<br>the leased premises for development and improvements. The corporation has the<br>authority, subject to approval by the director, to sublease the premises for cabin<br>sites and other recreational purposes. Upon termination of the lease, the leased<br>property, together with all improvements, reverts to the department.
9.
Secure specimens of game birds, animals, and fish for breeding purposes by<br>purchase or otherwise and by exchange with the game commissions or state game<br>wardens of other states or countries.
10.
Issue special permits to shoot wildlife from a stationary motor vehicle upon<br>application from individuals who are physically unable to walk for purposes of<br>hunting or taking wildlife or who have lost the use of an arm at or below the elbow.<br>The application must be accompanied by a physician's statement verifying the<br>person's condition, and if used to hunt on lands controlled by the board of university<br>and school lands, must designate the land on which the individual intends to hunt.
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The permittee must have permission from the lessee and the commissioner of<br>university and school lands to hunt on lands controlled by the board of university and<br>school lands. A permit issued under this subsection allows the permittee to drive, or<br>to be driven, onto any land for the purposes of hunting wildlife, except that neither<br>any other passenger within the vehicle nor the driver, if someone other than the<br>permittee, may be a hunter, unless the other person is also a permittee. Provided,<br>however, that if the land is privately owned and if the permittee is not going to drive<br>or be driven along an established road or trail, the permittee must first obtain the<br>consent of the owner or lessee to hunt on the land in the manner provided in this<br>title.
11.
Issue to any individual who is blind, is a paraplegic, or who has lost the use of one or<br>both arms a special permit to hunt game with a crossbow if that individual otherwise<br>complies with and qualifies under the licensing and other provisions of this title.<br>Battery-powered and electronic-lighted sight pins and telescopic sights not<br>exceeding a maximum power of four by thirty-two millimeters may be attached to<br>crossbows used for hunting under this subsection. However, an individual who is<br>blind and who receives a special permit to hunt game with a crossbow under this<br>subsection may hunt only on a preserve or area approved by the director.
For
purposes of this subsection, an individual who is blind means an individual who is<br>totally blind, whose central visual acuity does not exceed twenty/two hundred in the<br>better eye with corrective lenses, or in whom the widest diameter of the visual field is<br>no greater than twenty degrees.
12.
Issue any resident license prescribed by this title to an individual who has come to<br>the state with a bona fide intention of becoming a resident, even though that<br>individual has not been a resident of this state for the required time period<br>immediately preceding the application for the license; to any individual who is a<br>member of the United States armed forces and who is within the state on duty or<br>leave; to any employee of the United States fish and wildlife service or the<br>conservation department of any state or province of Canada in the state to advise or<br>consult with the department; or to any nonresident full-time student living in this state<br>who is attending an institution under the jurisdiction of the state board of higher<br>education, a private institution of higher education, or a tribal college. Except for a<br>license issued to a nonresident full-time student living in this state who is attending<br>an institution under the jurisdiction of the state board of higher education, a private<br>institution of higher education, or a tribal college, a license may not be issued under<br>this subsection unless an affidavit of a bona fide resident, setting forth the actual<br>conditions, accompanies the application. This subsection does not apply to lottery<br>permits, except that the director shall issue a resident deer hunting license to any<br>resident of this state who is a member of the United States armed forces stationed<br>outside this state and who shows proof of North Dakota residence and who pays the<br>appropriate licensing fee. A deer license issued to a member of the United States<br>armed forces under this subsection must be issued without being subject to the<br>lottery for deer hunting licenses.
13.
Adopt rules, and issue permits for the transporting or introducing of fish, fish eggs,<br>small game, big game, or fur-bearers after determining that the fish, fish eggs, birds,<br>or animals have been properly inspected for disease, and that the transplanting or<br>introduction will be in compliance with state laws and rules.
No person may
transplant or introduce any fish or fish eggs into any of the public waters of this state,<br>or transplant or introduce any species of small game, big game, or fur-bearers into<br>this state without obtaining a permit from the director.
14.
Pursuant to section 4-01-17.1, cooperate with the agriculture commissioner, the<br>United States fish and wildlife service, and other agencies in the destruction of<br>predatory animals, destructive birds, and injurious field rodents. The director may<br>adopt rules in accordance with organized and systematic plans of the department of<br>the interior for the destruction of these birds and animals.
The director may
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determine the necessity and issue permits and rules and regulations therefor for the<br>operation and use of private aircraft to assist in the destruction of the above birds<br>and animals and aid in the administration or protection of land, water, wildlife,<br>livestock, domesticated animals, human life, or crops.
15.
Exercise authority to establish programs and rules and administer state and federal<br>funds provided to the state for the preservation and management of resident species<br>determined by the director to be threatened or endangered species of wildlife. The<br>authority exercised must be in compliance with the Endangered Species Act of<br>1973, Public Law 93-205.
Any person who violates rules adopted under this
subsection is guilty of a class B misdemeanor.
16.
Provide for the funding of a private land habitat and access improvement program<br>with moneys derived from the interest earned on the game and fish fund and habitat<br>restoration stamp fees. The director shall place these funds in a special fund called<br>the "game and fish department private land habitat and access improvement fund".
17.
Carry out a private land habitat and access improvement program by:
a.
Entering cost-sharing, habitat enhancement, and access agreements with<br>landowners or agencies working on private land to help defray all or a portion of<br>their share of local, state, or federally sponsored conservation practices<br>considered beneficial to fish and wildlife.
b.
Leasing and developing fish and wildlife habitat or sport fishing areas on private<br>land. Public access to leased land may not be prohibited.
c.
Carrying out practices that will alleviate depredations caused by predatory<br>animals and big game animals.
d.
Publishing a brochure on an annual basis describing areas funded from the<br>game and fish department private land habitat and access improvement fund<br>which are open to public access in this state.
e.
Receiving advice from the game and fish advisory board concerning<br>expenditures from the game and fish department private land habitat and<br>access improvement fund.
18.
Subject to prior approval of the attorney general, lease or exchange lands under the<br>director's jurisdiction or control which are deemed necessary for the improved<br>management of wildlife resources.
19.
Subject to prior approval of the attorney general, impose any conditions or<br>reservations to the leases or exchanges as the director determines necessary.
20.
Adopt rules and issue permits for conducting fishing contests involving public waters<br>of the state. The director by rule shall define the term "fishing contest" and shall set<br>criteria for which a fishing contest permit is required. The director may deny permits.<br>No person may conduct a fishing contest on public waters without first receiving a<br>permit issued by the director.
21.
Issue duplicates of lost or destroyed game and fish licenses or permits.
The
procedure for reissuing the licenses or permits and fees to be charged must be<br>prescribed by the director by rule.
22.
Establish noncriminal penalties for any rules adopted by the director. The maximum<br>noncriminal penalty that may be set by the director is a fine of two hundred fifty<br>dollars.
Violation of any rule not designated as having a noncriminal penalty is
considered a criminal violation as established in the appropriate chapter of this title.
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23.
Issue, as a means of encouraging and promoting economic development in this<br>state, complimentary fishing licenses to nonresident visiting dignitaries.
The
circumstances and conditions of complimentary fishing licenses issued must be<br>determined by the director. The number of complimentary licenses may not exceed<br>fifty licenses per year. The director shall determine the visiting dignitaries to be of<br>national or international stature before they are eligible for complimentary licenses.
24.
Carry out a coyote depredation prevention program by conducting practices that will<br>alleviate depredations caused by coyotes.
25.
Issue, as a means of rewarding dedication to teaching firearm hunter safety,<br>complimentary lifetime resident certificates and combination licenses provided under<br>section 20.1-03-11.1 to resident certified hunter education volunteer instructors.<br>Eligible persons must have served as a lead or assistant certified hunter education<br>volunteer instructor in this state for a minimum of one course in each of thirty years.<br>The license is known as the "lifetime combination license" and must be signed by<br>the director and the person receiving the license. The license must be revoked by<br>the director if the licenseholder is convicted of a felony or found to have violated any<br>provision of this title.
26.
Carry out a program that targets waterfowl resting areas within the private lands<br>initiative program which includes payments to private landowners for lease of<br>waterfowl resting areas on private lands that during the term of the lease provides<br>limited public access for the hunting of waterfowl.
27.
Issue free hunting licenses to an organization that sponsors hunting trips for<br>terminally ill children. A license issued under this subsection may be used by an<br>individual sponsored by the organization to hunt the species indicated on the license.
20.1-02-05.1. Land acquisitions - Statewide land acquisition plan. The director shall
establish a comprehensive statewide land acquisition plan that must be approved by the budget<br>section of the legislative management.
Every land acquisition made by the department
exceeding ten acres [4.05 hectares] or ten thousand dollars must be approved by the budget<br>section. Prior to any land acquisition, the department shall have the land in question appraised<br>by a certified appraiser. The department may not acquire any land for an amount that exceeds<br>the appraised value except for parcels or tracts of land less than forty acres [16.19 hectares]<br>which may be acquired for up to two hundred percent of the appraised value.
20.1-02-05.2. Private land access program - Guidelines. Expired under S.L. 2005,
ch. 210, § 4.
20.1-02-06. Deputy director - Appointment, removal, oath, reports. The director shall
appoint, and may remove at pleasure, a deputy director who is under the director's direct control<br>and supervision. The deputy, within ten days after the date of that person's appointment, shall<br>take and file the oath prescribed for civil officers. The oath must be filed in the office of the<br>secretary of state. The deputy director shall make monthly and annual reports to the director in<br>the manner required by the director.
20.1-02-07.
Chief game warden, district deputy game wardens, biologists, and
technicians - Appointment - Removal. The director, with the governor's approval, may appoint<br>the following permanent employees:
1.
A chief game warden who shall enforce all state game and fish laws and supervise<br>all deputy game wardens.
2.
District deputy game wardens, assigned by the director, to enforce all state game<br>and fish laws within specific appropriation limitations.
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3.
Biologists and technicians with specialized training and experience to perform duties<br>specified by the director.
The appointees may be removed for cause only and in the manner specified by law.
20.1-02-08. Oath of chief game warden. The chief game warden, within ten days of
appointment, shall take the oath prescribed for civil officers and file it with the secretary of state.
20.1-02-09. Supervision of chief game warden by director - Records - Reports. The
chief game warden is under the direct control and supervision of the director and shall make<br>monthly and annual reports to the director in a manner required by the director. The chief game<br>warden shall keep a complete and correct record, in a book provided for that purpose, of all that<br>person's transactions and of the name of each person violating the game and fish laws, the date<br>of that person's arrest, the amount of the fine and costs imposed upon and paid by each person,<br>and the name of the judge before whom that person appeared.
The record book, when
requested, must be open to inspection by the public. The chief game warden shall make a full<br>report to the director within thirty days after the end of each fiscal year.
20.1-02-10. Special deputy game wardens - Appointment, removal, compensation.
The director may appoint and remove at pleasure, one or more special deputy game wardens in<br>each county. They serve for the time and manner as the director directs. They serve without<br>compensation, but are entitled to a reward pursuant to section 20.1-02-16.
20.1-02-11. Deputy game wardens supervised by director - To make reports. Each
district deputy game warden and each special deputy game warden are under the direct control<br>and supervision of the director, and shall make monthly and annual reports to the director in a<br>manner required by the director.
20.1-02-12. Bond of deputy game wardens. Repealed by S.L. 1999, ch. 113, § 24.
20.1-02-13. Disqualification of game wardens. No person who owns or possesses
land in this state under lease or contract for hunting purposes, nor that person's employee or<br>agent, may be appointed or may act as a chief, district, or special deputy game warden.
20.1-02-14.
Writs served and executed by game wardens - Peace officers and
others to aid wardens, when.
The director, deputy director, and all wardens and deputy
wardens may serve and execute, in the same manner as any sheriff, all warrants and legal<br>process issued by a court in enforcing this title. The officers of the department may call to their<br>aid any sheriff, deputy sheriff, police officer, or other person to enforce this title.
All peace
officers or other persons, when called upon, shall enforce and aid in enforcing this title.
20.1-02-14.1. Uniform complaint and summons - Promise to appear - Penalty.
1.
There is established a uniform complaint and summons that may be used in cases<br>involving violations of this title or other violations of a state law which occur on<br>property that the department owns, leases, or manages or on sovereign lands as<br>defined by section 61-33-01. Whenever the complaint and summons established by<br>this section is used, the provisions of the North Dakota Rules of Criminal Procedure<br>apply. The uniform complaint and summons must be of a form prescribed by the<br>director and approved by the attorney general.
2.
The time of court appearance to be specified in the summons must be at least five<br>days after the issuance of the summons unless the defendant demands an earlier<br>hearing.
3.
Upon receipt from the defendant of written promise to appear at the time and place<br>specified in the summons, the defendant must be released from custody.
After
signing a promise to appear, the defendant must be given a copy of the uniform<br>complaint and summons. Any person refusing to give a written promise to appear
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may be arrested if proper cause exists, or proceeded against by complaint and<br>warrant of arrest as provided in the North Dakota Rules of Criminal Procedure.
If an individual fails to appear in court after promising to do so, the court may issue an arrest<br>warrant and in addition to other conditions shall order the department to suspend the individual's<br>hunting, fishing, and trapping privileges until after the final disposition of the case.
20.1-02-15. Police powers of director, deputy director, and bonded appointees of
director. The director, deputy director, and any bonded appointees of the director have the<br>power:
1.
Of a peace officer for the purpose of enforcing this title and any other state laws or<br>rules relating to wildlife.
2.
To make arrests upon view and without warrant for any violation, committed in that<br>person's presence, of this title and any other state laws or rules relating to wildlife.
3.
To regulate dealers in green furs, propagation or possession of live protected<br>wildlife, taxidermists, shooting preserves, guides and outfitters, commercial fishing<br>operations, private fish hatcheries, and commercial bait vendors. In the regulation of<br>these licensed activities, the premises used to conduct the business and records<br>required by law must be open for inspection at reasonable hours by game and fish<br>law enforcement officers.
20.1-02-15.1. Additional powers of director, deputy director, chief game wardens,
or district game wardens. The director, deputy director, chief game wardens, or district game<br>wardens have the power of a peace officer in the following circumstances:
1.
To enforce state laws and rules on any game refuge, game management area, or<br>other land or water owned, leased, or managed by the department and on sovereign<br>lands as defined by section 61-33-01.
2.
When responding to requests from other law enforcement agencies or officers for<br>aid and assistance.
For the purposes of this subsection, a request from a law
enforcement agency or officer means only a request for assistance as to a particular<br>and singular violation or suspicion of violation of law, and does not constitute a<br>continuous request for assistance outside the purview of enforcement of the<br>provisions of this title.
3.
The powers and duties conferred are supplemental to other powers and duties<br>conferred upon the director, deputy director, chief game wardens, or district game<br>wardens and do not constitute an obligation beyond the regular course of duty of<br>those officers.
4.
To enforce chapter 20.1-15.
5.
To enforce chapter 20.1-13.1.
6.
To enforce chapter 39-24.1.
This section may not be construed to limit the powers or duties of any peace officer within this<br>state.
20.1-02-16.
Director may pay rewards in connection with the conviction of
violators - Amounts - Exceptions. The director, out of legislative reward appropriation, may<br>pay complainants, upon the arrest and conviction of any person violating this title, a reward not to<br>exceed:
1.
One hundred dollars if the offense involves a violation relating to big game.
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2.
Fifty dollars if the offense involves a violation relating to game birds, fish,<br>fur-bearers, or protected animals not mentioned in subsection 1.
This section does not apply when the complaint is made or required information is furnished by<br>an officer, employee, or game warden who is regularly employed and who receives a salary from<br>the department, or by a sheriff or other peace officer who receives a regular salary.
20.1-02-16.1.
Game and fish fund - Use - Required balance - Budget section
approval. All income of the state game and fish department deposited by the director with the<br>state treasurer must be credited to the state game and fish fund and the fund may be used only<br>by the department. All money derived from the investment of the fund, special accounts, or<br>portions of the fund must be credited to the game and fish department private land habitat and<br>access improvement fund. The department shall spend moneys in the game and fish fund within<br>the limits of legislative appropriations, only to the extent the balance of the fund is not reduced<br>below fifteen million dollars, unless otherwise authorized by the budget section.
20.1-02-16.2. Nongame wildlife fund established - Uses - Appropriation. There is
hereby established in the state treasury a special fund known as the nongame wildlife fund. The<br>fund may be expended subject to appropriation by the legislative assembly to the game and fish<br>department and must be used only for the purposes of preservation, inventory, perpetuation, and<br>conservation of nongame wildlife, natural areas, and nature preserves in this state. The game<br>and fish department shall allocate a portion of the fund to other state agencies for the purpose<br>stated in this section, and with approval of the director.
For the purpose of this section,
"nongame wildlife" means all species of native animals not commonly taken for sport or<br>commercial purposes and does not include animals determined by the game and fish department<br>to be harmful animals. "Natural areas" and "nature preserves" mean areas as defined in section<br>55-11-02.
20.1-02-16.3.
Small and big game habitat restoration trust fund - Advisory
committee - Transfer - Continuing appropriation. Repealed by S.L. 1997, ch. 210, § 5.
20.1-02-16.4. Clam harvesting privilege fee. There is hereby imposed, for the grant of
the privilege of the right to harvest clams, a privilege fee of ten percent of the market value of<br>clam shells harvested in this state. The fee imposed by this section must be paid to the director<br>for deposit in the game and fish fund. The director may adopt rules under chapter 28-32 for the<br>administration of the fee imposed under this section.
20.1-02-16.5.
Motorboat programs and safety account - Use.
The director shall
deposit all motorboat license fees in a special account within the game and fish fund to be known<br>as the motorboat programs and safety account. Funds placed in the motorboat programs and<br>safety account may be used only for construction and installation of boat launching facilities, fish<br>cleaning and comfort stations, boating enforcement, boating safety education, and boat licensing<br>administration. All money derived from the investment of the account, or portions of the account,<br>must be credited in accordance with section 20.1-02-16.1.
20.1-02-16.6. Motorboat programs and safety account - Transfer from highway tax
distribution fund. Each year in the month of July the state treasurer shall transfer from the<br>highway tax distribution fund, before allocation of the fund under section 54-27-19, to the<br>motorboat programs and safety account an amount equal to two dollars and fifty cents multiplied<br>by the number of motorboats licensed with the game and fish department as of July first of that<br>year.
20.1-02-17. Conditional assent to federal aid projects - Proceeds from license fees
and application to be used for administration of department. North Dakota assents to the<br>Act of Congress entitled "An Act to provide that the United States shall aid the states in wildlife<br>restoration projects and for other purposes" [Pub. L. 75-415; 50 Stat. 917; 16 U.S.C. 669 et seq.],<br>and the Act of Congress entitled "An Act to provide that the United States shall aid the states in<br>fish restoration and management projects, and for other purposes" [Pub. L. 81-681; 64 Stat.<br>430; 16 U.S.C. 777 et seq.] subject to the conditions of section 20.1-02-17.1. The director may
Page No. 8
conduct and establish cooperative wildlife and fish restoration projects as defined in these Acts,<br>in compliance with the Acts and with rules adopted by the federal agency administering these<br>Acts.
Hunting and fishing license fees and application fees assessed under section
20.1-03-12.2 may only be used for departmental programs and administration.
20.1-02-17.1. Procedures and conditions for land acquisitions for wildlife and fish
restoration.
1.
The director shall submit proposed wildlife and fish restoration programs or projects<br>and updated segments thereof involving proposed acquisitions by purchase, lease,<br>easement, or servitude of wetlands, water, or land areas by certified mail with return<br>receipt to the board of county commissioners of the county or counties in which the<br>affected areas are located for the board's approval prior to agreement with and<br>approval by the secretary of the interior.
2.
The board of county commissioners of the county affected, or a designee or<br>designees of the board, shall, within twenty-one days of receipt of an acquisition<br>proposal, physically inspect the proposed acquisition areas. The board shall give<br>public notice of the date, hour, and place where the public may comment on the<br>proposed acquisitions.
The notice must be published once each week for two
consecutive weeks in the official newspaper of the county or counties in which the<br>land and water areas are located. The notice must set forth the substance of the<br>proposed action and must include a legal description of the proposed acquisitions.<br>The board of county commissioners shall give its approval or disapproval by certified<br>mail with return receipt within sixty days after receipt of an acquisition proposal.
3.
A detailed impact analysis from the state game and fish department shall be<br>included with the acquisition proposal for board of county commissioner<br>consideration in making recommendations.
The analysis by the game and fish
department shall include, but shall not be limited to, the recreational and wildlife<br>impacts.
In addition, the county agent of the affected county or counties shall
prepare an impact analysis for board of county commissioner consideration which<br>shall include the fiscal, social, and agricultural impacts of the proposed acquisition.<br>The state game and fish department shall reimburse the county or counties for any<br>expenses incurred by the county agent in preparing the analysis. The analyses shall<br>also be forwarded to the department of commerce division of community services<br>which shall furnish copies to all interested state agencies and political subdivisions,<br>which agencies and political subdivisions shall have thirty days to review the<br>analyses and return their comments to the division of community services. Upon<br>expiration of the thirty-day period, all comments received by the division of<br>community services shall be forwarded to the state game and fish department. The<br>state game and fish department may, after consideration of such comments, file a<br>final impact analysis with the division of community services and the board of county<br>commissioners.
4.
Any landowner may negotiate the time period of a lease, easement, or servitude<br>sought under the federal Acts cited in section 20.1-02-17. Except with respect to<br>flowage and access easements, a lease, easement, or servitude shall terminate<br>upon the death of a landowner or upon change in ownership of the affected land.
5.
A landowner may restrict a lease, easement, or servitude by legal description to the<br>wetlands, water, or land areas sought under the Acts and may drain any expanded<br>wetland or water area in excess of the legal description.
20.1-02-17.2. Lands acquired by game and fish department to qualify as Garrison
diversion mitigation lands. Repealed by S.L. 1985, ch. 274, § 4.
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20.1-02-18. State's conditional consent to United States' acquisition of areas for
migratory bird reservations - State retains jurisdiction. North Dakota consents, subject to<br>the approval of the governor for each proposed acquisition, along with the conditions of sections<br>20.1-02-18.1 and 20.1-02-18.2, to the United States acquiring, by purchase, gift, devise, or lease,<br>land or water in this state as the United States may deem necessary to establish migratory bird<br>reservations in accordance with the federal Migratory Bird Conservation Act [Pub. L. 70-770;<br>45 Stat. 1222; 16 U.S.C. 715 et seq.]. North Dakota reserves such full and complete jurisdiction<br>and authority over all such areas of land or water so acquired by the United States as is not<br>incompatible with the administration, maintenance, protection, and control of such areas by the<br>United States under the terms of said Act of Congress.
20.1-02-18.1.
Federal wildlife area
acquisitions
-
Submission
to
county
commissioners, opportunity for public comment, and impact analysis required.
The
governor, the director, or their designees, responsible under federal law for final approval of land,<br>wetland, and water acquisitions by the United States department of the interior, its bureaus or<br>agencies, for waterfowl production areas, wildlife refuges, or other wildlife or waterfowl purposes,<br>shall submit the proposed acquisitions by certified mail with return receipt to the board of county<br>commissioners of the county or counties in which the land, wetland, and water areas are located<br>for the board's recommendations.
The board of county commissioners of the county affected, or a designee or designees of
the board, shall, within twenty-one days of receipt of an acquisition proposal, physically inspect<br>the proposed acquisition areas. The board shall give public notice of the date, hour, and place<br>where the public may comment on the proposed acquisitions. The notice must be published<br>once each week for two successive weeks in the official newspaper of the county or counties in<br>which the land and water areas are located. The notice must set forth the substance of the<br>proposed action and must include a legal description of the proposed acquisitions. The board of<br>county commissioners shall make its recommendations by certified mail with return receipt within<br>sixty days after receipt of an acquisition proposal.
A detailed impact analysis from the federal agency involved must be included with the
acquisition
proposal
for
board
of
county
commissioner
consideration
in
making
recommendations. The analysis must include the recreational and wildlife impacts. In addition,<br>the county agent of the affected county or counties shall prepare an impact analysis for board of<br>county commissioner consideration which must include the fiscal, social, and agricultural impacts<br>of the proposed acquisitions.
The department of the interior shall reimburse the county or
counties for any expenses incurred by the county agent in preparing the analysis. The analyses<br>must also be forwarded to the department of commerce division of community services, which<br>shall furnish copies to all interested state agencies and political subdivisions, which agencies and<br>political subdivisions have thirty days to review the analyses and return their comments to the<br>division of community services. Upon expiration of the thirty-day period, all comments received<br>by the division of community services must be forwarded to the federal agency involved and to<br>the state official or agency responsible for final acquisition approval. The federal agency may,<br>after consideration of the comments, file a final impact analysis with the governor, the board of<br>county commissioners, and any other state official or agency responsible for final acquisition<br>approval.
20.1-02-18.2.
Negotiation of leases, easements, and servitudes for wildlife
production purposes. A landowner may negotiate the terms of a lease, easement, or servitude<br>for land, wetland, or water areas sought to be acquired by the United States department of the<br>interior, its bureaus or agencies, with moneys from the migratory bird conservation fund<br>[16 U.S.C.718d ] for use as waterfowl production areas, wildlife refuges, or for other wildlife<br>purposes. A landowner may:
1.
Negotiate the time period of the lease, easement, or servitude being sought;<br>however, the duration of an easement for a waterfowl production area acquired by<br>the federal government, and consented to by the governor or appropriate state<br>agency after July 1, 1985, may not exceed fifty years.
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2.
Restrict a lease, easement, or servitude by legal description to the land, wetland, or<br>water areas being sought, and may drain any after-expanded wetland or water area<br>in excess of the legal description in the lease, easement, or servitude.
20.1-02-18.3.
Suspension of federal authority to acquire interests in land.
Notwithstanding the provisions of section 20.1-02-18, or any other provision of law, the United<br>States may not acquire by any means any land or interests in land for migratory bird<br>reservations, and the governor may not approve the acquisition of any land or interests in land<br>with moneys from the migratory bird conservation fund until December 31, 1985, or until the date<br>a management plan for such land is approved by both the legislative assembly and the governor,<br>whichever date is first. The management plan must be jointly prepared by the secretary of the<br>interior and the governor and shall address the extent and general locations of all proposed<br>acquisitions with moneys from the migratory bird conservation fund, the management of all such<br>lands whether already acquired or to be acquired, and the relationship of such acquisitions to<br>mitigation acquisitions for federally financed or permitted projects.
20.1-02-18.4. Wetlands mediation advisory board. Repealed by S.L. 1997, ch. 211,
§ 1.
20.1-02-18.5. Wetlands mediation advisory board - Meetings - Staff - Compensation
and expenses. Repealed by S.L. 1997, ch. 211, § 1.
20.1-02-18.6. Wetlands mediation advisory board - Petition - Mediation - Hearing.
Repealed by S.L. 1997, ch. 211, § 1.
20.1-02-19. Removal proceedings - Game and fish hearing board.
Repealed by
S.L. 1991, ch. 236, § 1.
20.1-02-20. Time of hearing - Notice of hearing and of determination. Repealed by
S.L. 1991, ch. 236, § 1.
20.1-02-21. Suspension pending hearing. Repealed by S.L. 1991, ch. 236, § 1.
20.1-02-22. Appeal to district court. Repealed by S.L. 1991, ch. 236, § 1.
20.1-02-23. Game and fish advisory board - Appointment - Qualifications - Term.
The state game and fish advisory board consists of eight members, one from each of the<br>following districts, appointed by the governor:
1.
District one shall consist of the counties of Divide, McKenzie, and Williams.
2.
District two shall consist of the counties of Bottineau, Burke, McHenry, Mountrail,<br>Pierce, Renville, and Ward.
3.
District three shall consist of the counties of Benson, Cavalier, Eddy, Ramsey,<br>Rolette, and Towner.
4.
District four shall consist of the counties of Grand Forks, Nelson, Pembina, and<br>Walsh.
5.
District five shall consist of the counties of Cass, Ransom, Richland, Sargent,<br>Steele, and Traill.
6.
District six shall consist of the counties of Barnes, Dickey, Foster, Griggs, LaMoure,<br>Logan, McIntosh, Stutsman, and Wells.
7.
District seven shall consist of the counties of Burleigh, Emmons, Grant, Kidder,<br>McLean, Mercer, Morton, Oliver, Sheridan, and Sioux.
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8.
District eight shall consist of the counties of Adams, Billings, Bowman, Dunn, Golden<br>Valley, Hettinger, Slope, and Stark.
Four members must be bona fide farmers or ranchers and four members must be bona fide<br>sportsmen.
Each farmer or rancher appointment must be made from a list of three names
submitted by agricultural organizations requested by the governor to submit the list and each<br>sportsman appointment must be made from a list of three names submitted by outdoor,<br>sportsmen, wildlife, and conservation organizations requested by the governor to submit the list.<br>Appointments are for a term of four years from the first day of July of the year of expiration of the<br>basic term, and until a successor has been appointed and qualified. Vacancies occurring other<br>than by the expiration of an appointive term may be filled by appointment for the remainder of the<br>term only. No member of the board may serve longer than two full terms. The members of the<br>advisory board are subject to removal by the governor for cause only. The advisory board shall<br>select from their members a chairman, vice chairman, and secretary who serve in these<br>positions until June thirtieth of the year next following their selection.
20.1-02-24. Compensation. Each member of the advisory board is entitled to be paid a
per diem of sixty-two dollars and fifty cents for each day of service in going to, attending, and<br>returning from the meetings required by section 20.1-02-25 to be held in that person's respective<br>district and the meetings of the advisory board. Each member is entitled to be reimbursed for<br>necessary and actual expenses at the rates and in the manner provided by law for other state<br>officers. The compensation and expenses must be paid out of department appropriations.
20.1-02-25. Meetings and duties. Each board member shall hold a public meeting at
least twice each fiscal year in the board member's respective district to make presentations and<br>to determine the needs and the opinions of those interested in these activities. The board shall<br>meet at least twice each fiscal year. The board has the authority to advise the director regarding<br>any policy of hunting, fishing, and trapping regulations, and may make general recommendations<br>concerning the operation of the department and its programs that the director may carry out. The<br>board shall forward copies of its recommendations to the governor. This section does not limit or<br>restrict the powers, duties, and authority of the governor in the issuance of orders and<br>proclamations as provided in chapter 20.1-08.
20.1-02-26. Mounted bighorn sheep trophy heads and horns - Plugging or tagging
required - Rules. Any person who brings into this state any mounted trophy head or horns, has<br>any trophy head or horns mounted in this state, or comes into possession of any horns of dall<br>sheep, stone sheep, desert bighorn sheep, or Rocky Mountain bighorn sheep shall have the<br>trophy head or horns plugged or tagged by the department. A trophy head or horns plugged or<br>tagged in the state, province or territory of Canada, or in Mexico where the sheep was taken<br>satisfies the requirements of this section. The department may adopt rules to implement the<br>provisions of this section.
20.1-02-27.
Public access program - Private landowner assistance to promote
public hunting access.
1.
The director may establish programs for landowner assistance that encourage public<br>access to private lands for purposes of hunting.
2.
Rules adopted by the director to implement this section may address:
a.
A hunter management program consisting of a cooperative agreement between<br>landowners and the department, and including other resource management<br>agencies when appropriate, that allows public hunting with certain restrictions<br>or use rules.
b.
A hunting access enhancement program consisting of incentives for private<br>landowners who allow public hunting access on their land.
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c.
Development of similar efforts outside the scope of the program that are<br>designed to promote public access to private lands for hunting purposes.
3.
The director may not structure a program in a manner that provides assistance to a<br>private landowner who charges a fee for hunting access to private land that is<br>enrolled in the program or who does not provide reasonable public hunting access to<br>private land that is enrolled in the program. The director shall develop criteria by<br>which tangible benefits are allocated to participating landowners, and the director<br>may distribute the benefits to participating landowners. Benefits must be provided to<br>offset potential impacts associated with public hunting access, including those<br>associated with general ranch maintenance, conservation efforts, weed control, fire<br>protection, liability insurance, roads, fences, and parking area maintenance.
20.1-02-28. Deerproof hay yard program. Within legislative appropriations, the director
shall provide for a deerproof hay yard program. The deerproof hay yard program must provide<br>materials and supplies at no cost to landowners for the establishment of deerproof hay yards to<br>protect hay or feed on private property with deer depredation problems. A landowner who allows<br>commercial hunting for big game on a majority of acres owned and operated in exchange for<br>compensation and who posts a majority of the acres owned and operated by that person to<br>prohibit big game hunting is not eligible to participate in the deerproof hay yard program. The<br>department shall establish a prorated repayment system over a three-year period.
20.1-02-29. Protection of personal information of the public. The following records,
regardless of form or characteristic, of or relating to the game and fish department are exempt<br>under section 44-04-18 and section 6 of article XI of the Constitution of North Dakota:
1.
A record that would identify the name, address, or electronic mail address of an<br>individual participating in a wildlife harvest survey.
2.
A record that would identify population distributions or locations of pallid sturgeon,<br>bighorn sheep, moose, elk, eagles, sage grouse, prairie chickens, and any species<br>of wildlife listed as threatened or endangered under the federal Endangered Species<br>Act of 1973 [Pub. L. 93-205; 87 Stat. 884; 16 U.S.C. 1531 et seq.], as amended.
3.
Telemetry radio frequencies or global positioning system coordinates of monitored<br>species, denning sites, nest locations of raptors, and the specific location of wildlife<br>capture sites used for wildlife research or management.
20.1-02-30.
Private land open to sportsmen program - Biomass demonstration
project. The department may develop and make available, as part of the broader support for<br>establishment cost-share provided through the industrial commission, a special demonstration<br>component of the private land open to sportsmen program to support perennial grass stand<br>establishment of participating acres in return for public access to hunting and adherence to<br>conservation best practices, including postseason harvest, minimum stubble height, and<br>nonannual harvest. The demonstration project may include an evaluation component to assess<br>the effects and compatibility of perennial biomass harvest with the habitat and public access<br>objectives of the private land open to sportsmen program.
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Document Outline
chapter 20.1-02 game and fish department
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