Outdoor Legislation

Included in the Information Technology Department's appropriation's bill, during the 2019-20 interim, a 14 member land access committee (with nine voting members) will study access to public and private lands for hunting, trapping, fishing and related issues, including trespass violations and penalties, and provide recommendations regarding a land access database with capabilities of electronic posting. The study committee may establish a trial electronic posting and hunter access information system in up to three counties prior to August 1, 2020, and report findings and recommendations to the 67th legislative assembly. 

Returns the funding limit to the North Dakota Outdoor Heritage Fund to $20 million per fiscal year.

Allows the use of dogs in the recovery of big game animals.

Would allow taxidermists or meat processors to receive certification for handling, sterilization and processing of big game animals from areas with documented cases of chronic wasting disease. In addition, an individual may transport from within or into the state for taxidermy or meat processing purposes the carcass of big game animals from an area documented with CWD.

Defines the eligibility requirements relating to gratis licenses for hunting big game and to provide a legislative study.

Would allow an individual over age 65 to hunt deer with a muzzleloader with a telescopic sight of up to four-power magnification.

Amends the North Dakota century code relating to law enforcement agencies reporting seizures and forfeitures.

Sets guidelines for law enforcement officers entering and searching buildings or private land. Passed house. Senate amended to make it a legislative study, that during the 2019-20 interim, legislative management shall consider studying the fourth amendment of the Constitution of the United States, including the investigation, search and seizure of private land, livestock and buildings, and report findings and recommendations to the sixty-seventh legislative assembly.

Requires traps or snares for furbearers to be checked at least every 48 hours.

Defines a dangerous and concealed weapon.

Would allow anglers to purchase a lifetime fishing license.

Defines who is eligible for a gratis tag for hunting moose, and allows applicants to apply annually regardless if already issued a license. 

Allows the use of a telescopic sight on a crossbow with a maximum power of 8x32. 

Alters the public service commission's century code relating to mitigating environmental impacts associated with energy development. 

Allows the use of night vision, thermal vision or infrared light with a power source of not more than six volts while hunting coyote, fox, raccoon or beaver during the open season. The artificial light must produce a red, green or amber color. In addition, allows the use of night vision, thermal vision or infrared light on a predatory animal attacking and attempting to destroy poultry, livestock or other property. 

Would require public notice of a wildlife survey in the official county newspaper, and on the website and social media accounts of the person/agency conducting the survey, at least 30 days prior to the start of the survey. 

Legislative management, during the 2019-20 interim, would study the eligibility for gratis licenses authorizing residents to hunt elk or moose, and report findings to the 67th legislative assembly.

Would allow the use of air guns for hunting. 

Would establish a Missouri River council to provide for the acquisition and management of the shoreline of the Missouri River.

Relates to big game gratis license eligibility. 

Would require a mandatory waiting period of three days between the purchase and delivery of a firearm.

Changes the seven whitetail only deer licenses to four any whitetail and three any antlered deer licenses, that are provided to the outdoor adventure foundation to be used by youth with life-threatening illnesses. Qualifying youth are able to use any weapon that is legal in any season for that species when hunting on private land with written permission from the landowner.

Requires an individual who enters private property and installs a device for observing, recording or photographing wildlife to either receive written permission from the landowner, or identifies the device with a permanently affixed metal or plastic tag with a registration number issued by the Game and Fish Department, or the individual's name, address and telephone number. 

Appropriates $83,803,632 to the Game and Fish Department for the biennium beginning July 1, 2019, and ending June 30, 2021.

Defines the terms "firearm" or "weapon" and clarifies who can carry, including a minor under age 15 carrying a muzzleloader under direct supervision.

Grants provided by the Outdoor Heritage Fund would no longer give preference to those that enhanced conservation practices, and adds a requirement that ensures a geographical balance of members is maintained.

Allows Game and Fish to get approval from either the legislative assembly or budget section for each land acquisition of at least 10 acres or $10,000. Vetoed by governor. Senate passed over veto. House passed over veto. Filed by secretary of state.

Amends the North Dakota Century Code relating to the outdoor heritage fund, whereas grant applications that are eligible to be forwarded to the industrial commission must receive a favorable recommendation from a majority of the outdoor heritage advisory board members.

Allows advanced practice registered nurses and physician assistants, in addition to a physician, to verify the physical condition necessary for individuals to qualify for a shoot from a stationary motor vehicle permit.

Amends the tax department's section of the century code relating to gross receipts, specifically that gross receipts does not include the amount of compensation received from an insurance company for the loss of a stolen or destroyed watercraft that had been previously taxed if that compensation is used as a trade-in credit on the purchase of a replacement watercraft. The trade-in credit is not included in the gross receipts of the retailer.

Would allow a live bait wholesaler or vendor to transport into the state and sell live white suckers to be used as bait in the Red River. 

Allows a nonresident to purchase a waterfowl license that is valid for three four-day periods for $200, and $50 of the fee must be used for the Private Land Open To Sportsmen program. Passed senate. Failed house.

Defines open records laws/exemptions of animal tracking data bases for animal health purposes, including state and federal agencies would be able to collect information to assist in animal disease control or tracing an animal disease. Declared an emergency measure.

Would allow a nonresident who owns land in North Dakota, or any member of the family residing with the nonresident, to purchase a nonresident landowner trapping license for $100 to trap on the land. Passed senate. Failed house.

Amends the energy conversion and transmission facilities section of the century code, relating to conditions imposed on designation of sites, corridors and routes.

Would allow a nonresident to purchase a statewide waterfowl license for $500 that is valid for the remainder of the season after the first week.

Creates an aquatic nuisance species program fund in the state treasury. Effective January 1, 2020, establishes an ANS fee of $15 for each motorboat licensed in North Dakota to run concurrent with motorboat licensure, and an ANS fee of $15 to be paid for the calendar year for every boat that is not licensed in this state. Effective April 1, 2020, establishes a $2 surcharge on each resident fishing license and combination license with the exceptions for a resident who is 65 years of age or older, permanently or totally disabled, or a disabled veteran. In addition, includes a $3 surcharge on each nonresident fishing license and each nonresident waterfowl license.

Would have changed the North Dakota century code on trespassing and posting of land, and provided a study. An individual may hunt on private property without obtaining permission unless the land is legally posted or the individual is asked to leave by the landowner; a landowner may submit electronic information designated posted or closed to hunters if the state or a third party develops an online database or an electronic application which identifies if land is available for hunting; a person may not act as a hunting guide or outfitter on private land without first obtaining permission from the landowner; an individual is guilty of a class B misdemeanor for a first offense and a class A misdemeanor for a second or subsequent offense for criminal trespass; and repeals a section of the century code pertaining to prima facie evidence of intent to hunt game. In addition, during the 2019-20 interim, a 14 member land access committee (with nine voting members) will study access to public and private lands for hunting, trapping and fishing and related issues, including trespass violations and penalties, and provide recommendations regarding a land access database with capabilities of electronic posting. The study committee may establish a trial electronic posting and hunter access information system in up to three counties prior to August 1, 2020, and report findings and recommendations to the 67th legislative assembly.

Any boat operated between the hours of midnight and 5 a.m. may not produce a noise in excess of 88 decibels for more than 10 minutes.

Relates to Red River valley water supply project contract terms, elimination of voter approval requirements and notice of proposed subsurface water management systems.