25.0842.05000 Sixty-ninth Legislative Assembly of North Dakota Introduced by Representatives Bosch, Porter Senator Patten A BILL for an Act to amend and reenact sections 20.1-03-12 and 20.1-03-36.1, subsection 7 of section 20.1-03-37, subsection 4 of section 20.1-03-38, and section 20.1-04-12.1 of the North Dakota Century Code, relating to hunting, fishing, and gun dog activity fees and hunting guide and outfitter licensing requirements. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 20.1-03-12 of the North Dakota Century Code is amended and reenacted as follows: 20.1-03-12. Schedule of fees for licenses and permits. The fees collected under this section for licenses and permits must be deposited with the state treasurer and credited to the game and fish fund, except aquatic nuisance species fees must be deposited with the state treasurer and credited to the aquatic nuisance species program fund. Forty-five dollars of each nonresident big game hunting license fee must be used for the private land initiative. The various license and permit fees are as follows: 1.For a resident, age sixteen and over, small game hunting license, tentwenty dollars. 2.For a nonresident small game hunting license, one hundredone hundred fifty dollars. 3.For a resident big game hunting license, thirtythirty - five dollars, except the fee for a licensee under age sixteen is ten dollars, except as provided in a gubernatorial proclamation issued pursuant to section 20.1-08-04.1. 4.Except for a nonresident who participates on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents under subsection 4 of section 20.1-03-11, for a nonresident big game hunting license, two hundred fiftythree hundred fifty dollars, and for a nonresident bow license, two hundred fiftythree Page No. 1 25.0842.05000 ENGROSSED HOUSE BILL NO. 1470 FIRST ENGROSSMENT with Senate Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sixty-ninth Legislative Assembly hundred fifty dollars, and a nonrefundable five dollar application fee must accompany any lottery license fee under this subsection, except as provided in a gubernatorial proclamation issued pursuant to section 20.1-08-04.1. For a nonresident who participates on the same basis as a resident in a lottery for deer licenses remaining after the second lottery for residents, fifty dollars. 5.For a resident fur-bearer license, fifteentwenty dollars. 6.For a resident fishing license, sixteentwenty-five dollars, except that for a resident sixty-five years or over, a resident totally or permanently disabled, or a resident disabled veteran who has a fifty percent service-connected disability as determined by the department of veterans' affairs or has an extra-schedular rating to include individual unemployability that brings the veteran's total disability ratio to fifty percent, the license fee is fiveten dollars. 7.For a nonresident fishing license, forty-fivesixty dollars. 8.For a resident husband and wife fishing license, twenty-twoforty dollars. 9.For a nonresident nongame hunting license, fifteentwenty - five dollars. 10.For a resident wild turkey permit, fifteentwenty dollars. 11.For an annual general game license, three dollars. 12.For a license to a nonresident buyer or shipper of green furs, or that person's agent, the amount that the nonresident buyer or shipper of green furs would pay for a nonresident buyer or shipper of green furs license or comparable license in that person's state of residence, or fifty dollars, whichever is greater. 13.For a license to a resident buyer or shipper of green furs, eight dollars for each place of business maintained by that person within this state. 14.For a license to a resident traveling agent, buyer, or shipper of green furs, twenty dollars. 15.For an annual license to practice taxidermy, twenty-fiveforty dollars. 16.For a permit to ship, by a person having a resident hunting license, during the respective open seasons, not to exceed in any one season twenty-five game birds, to points within this state other than that person's home or to points outside this state, three dollars. Page No. 2 25.0842.05000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Sixty-ninth Legislative Assembly 17.For a permit to make collections of protected birds and animals for scientific purposes, ten dollars. 18.For a motorboat certificate of number and license: Each motorboat under sixteen feet [4.88 meters] in length, and all canoes, regardless of length, powered by a motor, eighteenthirty dollars. Each motorboat sixteen feet [4.88 meters] in length and over but shorter than twenty feet [6.1 meters] in length, excluding canoes, thirty-sixforty - five dollars. Each motorboat twenty feet [6.1 meters] in length or over excluding canoes, forty-fivesixty dollars. 19.For the taking of undesirable fish from the waters of this state pursuant to section 20.1-06-05, fifteenthirty dollars for each hoop-net or, trap, and fifteen dollars for eachor seine of fifty feet [15.24 meters] or any fraction thereof. 20.For a resident paddlefish tag annual license, tenfifteen dollars per tag. 21.For a nonresident paddlefish tag annual license, twenty-five dollars and fifty centsthirty - five dollars per tag. 22.For an annual resident license to sell minnows or other live bait at wholesale, fiftyseventy dollars. 23.For an annual license to sell minnows or other live bait at retail, fifteentwenty dollars, except the fee is seventy-fiveone hundred dollars if white suckers are sold. 24.For an annual license to operate a private fish hatchery, seventy-fiveone hundred dollars. 25.For a resident commercial frog license, fifty dollars. 26.For a nonresident commercial frog license, two hundred dollars. 27.For a resident frog license, three dollars. 28.For a resident husband and wife frog license, five dollars. 29.For a shooting preserve operating permit, one hundred dollars, plus thirty cents per acre [.40 hectare] for each acre [.40 hectare]. 30.For a nonresident waterfowl hunting license, one hundred dollars. 31.26.For a nonresident husband and wife fishing license, sixtyone hundred dollars. 32.27.For a nonresident short-term three-day fishing license, twenty-fiveforty dollars. 33.28.For a nonresident fur-bearer and nongame hunting license, fortyfifty dollars. 34.29.For a combination license, fiftysixty dollars. Page No. 3 25.0842.05000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sixty-ninth Legislative Assembly 35.30.For a white-tailed deer license sold to certified guides or outfitters and provided by them to nonresidents, two hundred fiftythree hundred fifty dollars. 36.31.For a resident swan license, ten dollars. 37.32.For a nonresident swan license, thirtyfifty dollars. 38.33.For a resident sandhill crane license, ten dollars. 39.34.For a nonresident sandhill crane license, thirty dollars. 40.For a resident commercial clam license, one hundred dollars. 41.For a nonresident commercial clam license, one thousand dollars. 42.For a commercial clam dealer's permit, two thousand dollars. In addition, the applicant shall submit to the director a surety bond in the sum of two thousand dollars. 43.35.For an annual class B nonresident license to sell minnows or other live bait at wholesale, two hundred fiftyfour hundred dollars. 44.36.For a bighorn sheep license issued to a nonresident, five hundred dollars. 45.37.For a nonresident reciprocal trapping license, three hundred fifty dollars. 46.38.For a nonresident spring white goose license, fifty dollars. 47.39.For a resident certificate fee, one dollartwo dollars, and for a nonresident certificate fee, twofive dollars. An agent may not charge a service fee for issuing a resident or nonresident certificate fee. 48.40.For a nonresident short-term ten-day fishing license, thirty-fivefifty dollars. 49.41.For a nonresident wild turkey permit, eightyone hundred dollars. 50.42.For a statewide nonresident waterfowl hunting license, one hundred fifty dollars. 51.43.For an annual class A nonresident license to sell minnows or other live bait at wholesale, five hundredseven hundred fifty dollars. 52.44.For a resident early Canada goose season license, fiveten dollars. 53.45.For a nonresident early Canada goose season license, fifty dollars. 54.46.For a resident disabled veteran combined general game, habitat stamp, small game, and fur-bearer license, threeten dollars. 55.47.For each motorboat licensed in this state, an aquatic nuisance species fee of fifteen dollars valid concurrent with motorboat licensure. 56.48.For each motorboat operated on waters of this state and not licensed in this state, an aquatic nuisance species fee of fifteen dollars for the calendar year in which it is paid. Page No. 4 25.0842.05000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sixty-ninth Legislative Assembly SECTION 2. AMENDMENT. Section 20.1-03-36.1 of the North Dakota Century Code is amended and reenacted as follows: 20.1-03-36.1. Fee for guide or outfitter license. 1.The annual fee to receive a hunting guide license is one hundred dollars for a resident and four hundred dollars for a nonresident. 2.The annual fee to receive a fishing outfitter license is one hundredtwo hundred fifty dollars for a resident and four hundredfive hundred dollars for a nonresident. The annual fee to receive a fishing outfitter license is fiftyone hundred twenty - five dollars for a resident and two hundredtwo hundred fifty dollars for a nonresident if the individual applying for the license has paid for a hunting guide or outfitter license for the same year. 3.The annual fee for a resident to receive a hunting outfitter license is two hundred fifty dollars for under ten thousand acres [4046.86 hectares] and five hundred dollars for ten thousand acres [4046.86 hectares] and over on which the outfitter provides services. The annual fee for a nonresident to receive a hunting outfitter license is two thousand dollars. The acreage must be presented by the county with a list of lessors by county in every application for outfitter licensure. The annual permit fee for day leasing is two hundred dollars. The acreage day leased by county for the preceding year must be provided to receive a day leasing permit. 4.Except as otherwise provided in this subsection, a license is not required for a person to provide services on real property that person owns or leases for the primary pursuit of bona fide agricultural interests, for a nonprofit organization registered with the secretary of state, or for a person that acts as a booking agent for a person that legally conducts business as an outfitter. However, a person who has been convicted of a state or federal criminal game or fish violation within the last three years or whose license to hunt or fish is under suspension or revocation is not exempt from licensure and is subject to subsection 5 of section 20.1-03-37. A booking agent that refers an individual to an outfitter under this subsection may receive a fee or commission for the referral. The director shall determine the number of acres by county exempted from licensure by this subsection and shall publish the results. The director shall provide written information to the public on the possible liability exposure for outfitting under Page No. 5 25.0842.05000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sixty-ninth Legislative Assembly this subsection and on the benefits of liability insurance and proper training. For purposes of this subsection, a booking agent means a person that receives only a fee for referring or marketing the services of a legal outfitter in this state. SECTION 3. AMENDMENT. Subsection 7 of section 20.1-03-37 of the North Dakota Century Code is amended and reenacted as follows: 7.An applicant for a hunting guide or hunting outfitter license must have legally hunted in this state for part of each of any three years in a manner directly contributing to the individual's experience and competency as a guide. The department may waive this requirement if the applicant proves that the applicant has legally hunted for parts of at least three years in other states and an outfitter employing that individual would suffer an undue hardship without that individual. SECTION 4. AMENDMENT. Subsection 4 of section 20.1-03-38 of the North Dakota Century Code is amended and reenacted as follows: 4.The director may not issue a license to an individual to be a hunting guide or hunting outfitter unless the individual is proficient in the application of state and federal laws on the hunting of wild game. The director shall create and administer a written or electronic examination to test proficiency of hunting guides and outfitters in these laws. The director shall administer written examinations at least twicethree times a year; however, ana written examination may not be given to an individual within ninetysixty days after the previous examination, unless an outfitter employing that individual would suffer an undue hardship without that individual. SECTION 5. AMENDMENT. Section 20.1-04-12.1 of the North Dakota Century Code is amended and reenacted as follows: 20.1-04-12.1. Gun dog activities - Permit required - Fee. 1.The director shall issue a permit for the following gun dog activities: a.The training exercises of a resident or nonresident professional trainer; b.The training exercises of a nonresident amateur trainer who brings more than four gun dogs into the state; and c.Hosting field trials that use live wild birds. 2.The application for the permit must be in a form prescribed by the director and must be accompanied by the appropriate fee. Page No. 6 25.0842.05000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Sixty-ninth Legislative Assembly 3.Upon the receipt of the completed application and fee the director shall issue a permit for a specified period of time and shall require the permitholder to submit an annual report. 4.The fees for the permits are: a.For a resident professional gun dog trainer for training exercises or hosting field trials, tentwenty dollars. b.For a nonresident professional or amateur gun dog trainer who brings more than four gun dogs into the state for training exercises or hosting field trials, one hundred dollars. c.For a permit to a nonresident amateur who brings more than four gun dogs into this state, twenty-five dollars. 5.For purposes of this section, a professional trainer is a person who trains any breed of gun dog for remuneration that is the basis for that person's livelihood. Page No. 7 25.0842.05000 1 2 3 4 5 6 7 8 9 10 11 12 13