20.1-02-05. Powers of director

20.1-02-05. Powers of director

The director may:

1. Fix the salaries and the necessary travel and other expenses of department personnel

subject to law and legislative appropriations.

2. Employ any part-time personnel necessary to run the director's office and remove the

employees at will. Salaries and necessary traveling and other expenses of these

appointees must be authorized, audited, and paid in the same manner as salaries and

expenses of state officers.

3. Accept from any person, or gather, or purchase, fish, spawn, or fry, for distribution in

state waters.

4. Take alive at any time, under the director's personal supervision or under the personal

supervision of any of the director's bonded appointees, any birds or animals for

propagation purposes or for exchange with other states and foreign countries for game

birds and animals of other species.

5. Order additional protection for any fish with an open season when, after investigation,

the director finds danger of extinction, undue depletion in any waters, or to aid in the

propagation and protection of immature fish, by prescribing how, how 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, carp,

or pickerel.

7. With the governor's approval, purchase, lease, or, subject to chapter 32-15, condemn

real estate, when it is required to carry out this title, and sell it when it is no longer

required, in the name of the state.

8. Lease up to ninety-nine years any department land, for the purpose of development

and improvement, to any nonprofit corporation, upon consideration of specified

improvements to be made by the corporation and other improvements the department

and the corporation may agree upon. The lease must provide that all funds received by

the corporation through lease of the property be expended upon the leased premises

for development and improvements. The corporation has the authority, subject to

approval by the director, to sublease the premises for cabin sites and other

recreational purposes. Upon termination of the lease, the leased property, together

with all improvements, reverts to the department.

9. Secure specimens of game birds, animals, and fish for breeding purposes by purchase

or otherwise and by exchange with the game commissions or state game wardens of

other states or countries.

10. Issue special permits to shoot wildlife from a stationary motor vehicle upon application

from individuals who are physically unable to walk for purposes of hunting or taking

wildlife or who have lost the use of an arm at or below the elbow. The application must

be accompanied by a statement from a physician, physician assistant, or advanced

practice registered nurse which verifies the individual's condition, and if used to hunt

on lands controlled by the board of university and school lands, must designate the

land on which the individual intends to hunt. The permittee must have permission from

the lessee and the commissioner of university and school lands to hunt on lands

controlled by the board of university and school lands. A permit issued under this

subsection allows the permittee to drive, or to be driven, onto any land for the

purposes of hunting wildlife, except that neither any other passenger within the vehicle

nor the driver, if someone other than the permittee, may be a hunter, unless the other

individual also is a permittee. If the land is privately owned and if the permittee is not

going to drive or be driven along an established road or trail, the permittee first must

obtain the consent of the owner or lessee to hunt on the land in the manner provided

in this title.

11. Issue to any individual who is blind, is a paraplegic, or who has lost the use of one or

both arms a special permit to hunt game with a crossbow if that individual otherwise

and if the permittee is not

going to drive or be driven along an established road or trail, the permittee first must

obtain the consent of the owner or lessee to hunt on the land in the manner provided

in this title.

11. Issue to any individual who is blind, is a paraplegic, or who has lost the use of one or

both arms a special permit to hunt game with a crossbow if that individual otherwise

complies with and qualifies under the licensing and other provisions of this title.

Battery-powered and electronic-lighted sight pins and telescopic sights not exceeding

a maximum power of eight may be attached to crossbows used for hunting under this

subsection. However, an individual who is blind and who receives a special permit to

hunt game with a crossbow under this 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 totally blind, whose central visual acuity does not exceed

twenty/two hundred in the better eye with corrective lenses, or in whom the widest

diameter of the visual field is no greater than twenty degrees.

12. Issue any resident license and adopt rules if necessary to carry out resident licensing

for each of the following, except a lottery permit or license may be issued only to an

individual who qualifies as a resident under subdivision a:

a. A resident who is eligible for a license under this title, except that the director

shall issue a license on proper application. A resident who is eighteen years of

age or older must submit a valid driver's license number from this state or valid

nondriver photo identification number issued by this state before the director may

issue a license.

b. An individual who has come to the state with a bona fide intention of becoming a

resident, even though that individual has not been a resident of this state for the

required time period immediately preceding the application for the license.

However, an individual who is eighteen years of age or older is not eligible for a

resident license under this subsection unless that individual first produces a

driver's license number from this state or a nondriver photo identification number

issued by this state and submits an affidavit of a bona fide resident setting forth

the actual conditions of residency. An individual is not eligible for a resident

license under this subsection if the individual maintains a valid resident

hunting-related or fishing-related license from another state or country, unless the

license is a lifetime license.

c. An individual who is a member of the United States armed forces and who is

within the state on duty or leave or nonresident current North Dakota national

guard member.

d. An employee of the United States fish and wildlife service or the conservation

department of any state or province of Canada in the state to advise or consult

with the department.

e. A nonresident full-time student living in this state who is attending an institution

under the jurisdiction of the state board of higher education, a private institution of

higher education, or a tribal college. A license may not be issued under this

subdivision unless a valid student identification number accompanies the

application.

f. A resident of this state who applies for a resident deer hunting license, is a

member of the United States armed forces stationed outside this state, who

shows proof of North Dakota residence, including a driver's license number from

this state or a nondriver photo identification number from this state, and who pays

the appropriate licensing fee, except the director shall issue the resident deer

hunting license on proper application. A deer license issued to a member of the

United States armed forces under this subdivision must be issued without being

subject to the lottery for deer hunting licenses.

s license number from

this state or a nondriver photo identification number from this state, and who pays

the appropriate licensing fee, except the director shall issue the resident deer

hunting license on proper application. A deer license issued to a member of the

United States armed forces under this subdivision must be issued without being

subject to the lottery for deer hunting licenses.

13. Adopt rules, and issue permits for the transporting or introducing of fish, fish eggs,

small game, big game, or fur-bearers after determining that the fish, fish eggs, birds, or

animals have been properly inspected for disease, and that the transplanting or

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, or

transplant or introduce any species of small game, big game, or fur-bearers into this

state without obtaining a permit from the director.

14. Pursuant to section 4-01-17.1, cooperate with the agriculture commissioner, the United

States fish and wildlife service, and other agencies in the destruction of predatory

animals, destructive birds, and injurious field rodents. The director may adopt rules in

accordance with organized and systematic plans of the department of the interior for

the destruction of these birds and animals. The director may determine the necessity

and issue permits and rules and regulations therefor for the operation and use of

private aircraft to assist in the destruction of the above birds and animals and aid in the

administration or protection of land, water, wildlife, livestock, domesticated animals,

human life, or crops.

15. Exercise authority to establish programs and rules and administer state and federal

funds provided to the state for the preservation and management of resident species

determined by the director to be threatened or endangered species of wildlife. The

authority exercised must be in compliance with the Endangered Species Act of 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 with

moneys derived from the interest earned on the game and fish fund and habitat

restoration stamp fees. The director shall place these funds in a special fund called 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

landowners or agencies working on private land to help defray all or a portion of

their share of local, state, or federally sponsored conservation practices

considered beneficial to fish and wildlife.

b. Leasing and developing fish and wildlife habitat or sport fishing areas on private

land. Except for purposes of subdivisions i and j, public access to leased land

may not be prohibited.

c. Carrying out practices or designating an individual to carry out practices or

authorizing or having the designee authorize landowners to carry out practices

that will alleviate depredations caused by predatory animals and big game

animals.

d. Publishing a brochure on an annual basis describing areas funded from the game

and fish department private land habitat and access improvement fund which are

open to public access in this state.

e. Receiving advice from the game and fish advisory board concerning expenditures

from the game and fish department private land habitat and access improvement

fund.

f. Working with livestock producers experiencing chronic deer depredation

problems to develop site-specific deer depredation management plans.

g. Giving first consideration to producers impacted by deer foraging on stored winter

forage when purchasing winter deer management supplies.

d concerning expenditures

from the game and fish department private land habitat and access improvement

fund.

f. Working with livestock producers experiencing chronic deer depredation

problems to develop site-specific deer depredation management plans.

g. Giving first consideration to producers impacted by deer foraging on stored winter

forage when purchasing winter deer management supplies.

h. Making available the sum of one million dollars from each biennial game and fish

department appropriation to be used to provide feeding and other winter

management practices to alleviate depredation caused by big game animals. Any

unexpended funds under this subdivision, up to two million dollars, are not

subject to section 54-44.1-11 and may be carried forward for expenditure in future

bienniums.

i. Making available the sum of one hundred thousand dollars from each biennial

game and fish department appropriation to be used for food plots on private

property for the purpose of providing winter feed. These food plots are not subject

to public access considerations.

j. Developing agreements to compensate private landowners for the development

of habitat on private property specific to the geography, form, and function

necessary for addressing fish and wildlife populations.

k. Granting authority to program managers to carry out the duties of the program

including signing for, negotiating, and renewing agreements and leases.

18. Subject to prior approval of the attorney general, lease or exchange lands under the

director's jurisdiction or control which are deemed necessary for the improved

management of wildlife resources.

19. Subject to prior approval of the attorney general, impose any conditions or

reservations to the leases or exchanges as the director determines necessary.

20. Issue permits for conducting fishing contests involving public waters of the state in

accordance with section 20.1-02-33. The director may deny permits. A person may not

conduct a fishing contest on public waters without first receiving a 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 prescribed by the

director by rule.

22. Establish noncriminal penalties for any rules adopted by the director. The maximum

noncriminal penalty that may be set by the director is a fine of two hundred fifty 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.

23. Issue, as a means of encouraging and promoting economic development in this state,

complimentary fishing licenses to nonresident visiting dignitaries. The circumstances

and conditions of complimentary fishing licenses issued must be determined by the

director. The number of complimentary licenses may not exceed fifty licenses per year.

The director shall determine the visiting dignitaries to be of national or international

stature before they are eligible for complimentary licenses.

24. Carry out a coyote depredation prevention program by conducting practices that will

alleviate depredations caused by coyotes.

25. Issue, as a means of rewarding the dedication of certified game and fish department

volunteer instructors:

a. A complimentary resident certificate and combination license to resident

instructors, provided under section 20.1-03-11.1; or

b. A complimentary composite of nonresident licenses to include a certificate, fishing

license, general game and habitat license, small game license, statewide

waterfowl license, spring white goose license, furbearer and nongame license,

and a reciprocal trapping license to nonresident instructors.

Any license issued under this subsection is valid for the lifetime of the instructor. An

.1; or

b. A complimentary composite of nonresident licenses to include a certificate, fishing

license, general game and habitat license, small game license, statewide

waterfowl license, spring white goose license, furbearer and nongame license,

and a reciprocal trapping license to nonresident instructors.

Any license issued under this subsection is valid for the lifetime of the instructor. An

individual is eligible for a license under this subsection if the individual has served and

maintained an active status as a certified volunteer instructor in the state for thirty

years. Any license issued under this subsection must be revoked by the director if the

licenseholder is convicted of a felony or found to have violated any provision of this

title.

26. Carry out a program that targets waterfowl resting areas within the private lands

initiative program which includes payments to private landowners for lease of

waterfowl resting areas on private lands that during the term of the lease provides

limited public access for the hunting of waterfowl.

27. Issue free hunting licenses to an organization that sponsors hunting trips for terminally

ill children. A license issued under this subsection may be used by an individual

sponsored by the organization to hunt the species indicated on the license.

28. Authorize individuals with valid antlerless deer licenses to take deer on private lands

determined by the director to be severely impacted by deer. Before authorizing

individuals under this subsection, the director must attempt other measures and

determine them to be ineffective. A landowner dissatisfied with a decision of the

director under this subsection may submit the decision to the agricultural mediation

service for mandatory mediation. A decision of an agricultural mediation service

negotiator is subject to review by the credit review board. A decision of the credit

review board under this subsection is final. The director may authorize individuals to

take deer under this subsection between December first of a year through January

fifteenth of the following year.