# Title 20.1 — Game, Fish, Predators, and Boating

## 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:

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.
4. 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 -

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, except special allocation licenses issued under subsection 1 of
section 20.1-05.1-01. 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. 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 under subsection 4 of section 20.1-05.1-01, but an individual
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. 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 - Special elk

depredation management licenses.
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.
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 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.
Repealed by S.L. 2017, ch. 176, § 8.
### § 20.1-08-04.9. Small game proclamation - Pheasants.

1. Except as provided in subsection 2, 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.
2. A nonresident with a valid hunting license may hunt during the first seven days of the
pheasant season if:
a. The nonresident is a participating landowner whose property is enrolled in this
state's private land open to sportsmen program; and
b. The nonresident hunts on the nonresident's property enrolled in the private land
open to sportsmen program.
### § 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.
Repealed by S.L. 2017, ch. 176, § 8.
### § 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.
Repealed by S.L. 2017, ch. 176, § 8.
### § 20.1-08-04.14. Governor's proclamation concerning the hunting of elk - Annie's house

at Bottineau winter park raffle.
Expired by S.L. 2015, ch. 51, § 6.
### § 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.
