NONRESIDENT GOOSE HUNTING SEASON - LEGISLATIVE HISTORY

Although there have been many attempts to change the special goose hunting season for nonresidents since its creation in 1975, this memorandum addresses the creation of and actual changes to the special goose hunting season for nonresidents. Before 1975 there was no special goose hunting season for nonresidents. For example, under North Dakota Century Code Section 20.1-01-02, in 1973, geese were considered game birds along with pheasants, grouse, ducks, and other birds. Under Section 20.1-03-12, in 1973, state law required a nonresident to obtain a small game license to hunt geese. A small game license allowed the hunting of game birds and cost $35. In addition, under Section 20.1-03-02, in 1973, a general game license cost 50 cents.

In 1975 Senate Bill No. 2379, the Legislative Assembly created a special nonresident waterfowl hunting license. The waterfowl license was required in addition to a small game license. The waterfowl license entitled a nonresident to hunt waterfowl during any period of 10 consecutive days and in specified waterfowl hunting zones. The Governor was required to create waterfowl hunting zones and was allowed to specify the number of licenses that could be issued in each zone. A nonresident was allowed to purchase only one waterfowl hunting license per year. The cost of the additional license was $5.

The issue addressed in the bill appeared to arise because of the intense hunting pressure in and around the Devils Lake area--a major flyway and staging area for geese. According to standing committee minutes, the sponsor said the intent of the bill was to relieve hunting pressure and to relieve the pressure for the leasing of land by nonresidents. He said the release of pressure would come from the creation of hunting zones that would dissipate hunters and would create some uncertainty as to which zone a nonresident would be able to hunt, thereby making the leasing of land cost-prohibitive. In particular, it has been stated that the 3M company in Minnesota was leasing hunting land for customer entertainment in the Devils Lake area and using it as a tax deduction.

The legislative history reveals that individuals in the hospitality industry were concerned that the limitation on the duration of the hunting season would require an individual to pick a time at which there may not be any waterfowl in the state. In addition, there was a concern that it was unfair for this state, which was reported to have more national wildlife refuges than any other state, to receive financial support for refuges that are funded through the purchase of a federal license.

In 1979 the Legislative Assembly passed House Bill No. 1326. As introduced, the bill removed the special time limitation (the 10-day period) on nonresidents and made discretionary the creation of hunting zones. As passed, this bill allowed a nonresident to hunt for any one period of 10 consecutive days or any two periods of five consecutive days each and allowed the two 5-day hunting periods to be in different zones. The legislative history suggests that the intent of the bill was to increase nonresident hunting by allowing flexibility in the periods of time in which a nonresident may hunt, which in turn would increase tourism dollars in this state. The flight of migrant waterfowl is not predictable and allowing two weekends gives the hunter a better chance to be in the area when the waterfowl are present.

Proponents of the 1975 law did not want to remove the time limitation because the limitation had prevented the leasing of tracts of land and had promoted the goal of reserving the geese in North Dakota mostly for hunting by North Dakotans. To the contrary, a proponent of House Bill No. 1326 said it appeared unfair that North Dakota would limit hunting by nonresidents of a transitory bird that is flying over this state, and although the 1975 law may have curtailed some of the leasing of land by nonresidents, it also stopped a lot of nonresidents who did not lease land from coming and hunting.

In 1981 the Legislative Assembly passed House Bill No. 1395, which increased the duration of time allowed for nonresident waterfowl hunting from 10 consecutive days to 14 consecutive days and from any two periods of five consecutive days to seven days. Much of the legislative history as it relates to the arguments for and against having more or fewer nonresident hunters remained the same as it had throughout the years. The main division in 1981 was between individuals who did not want nonresidents leasing large tracts of land, thereby preventing residents from hunting, and individuals in the hospitality and service industries who wanted nonresident hunters to come to their communities and to spend money on services. In short, the conflict was between in-state goose hunters and local merchants and service providers.

One reason for the increase in the duration of the nonresident license was that there had been a decrease in nonresident's leasing land for hunting purposes. One reason for the decrease was that the Internal Revenue Service became less tolerant of the practice of leasing hunting land for entertainment purposes as a business deduction.

In 1995 the Legislative Assembly passed Senate Bill No. 2143, which excepted nonresident youth who are under 16 years of age from being required to purchase a nonresident waterfowl hunting license if there is a reciprocal agreement with the youth's state or province. In 1999 the Legislative Assembly enacted Senate Bill No. 2089, which allowed a nonresident to purchase a spring white goose license instead of any other license, including a nonresident waterfowl hunting license.

In 1999 the Legislative Assembly also passed House Bill No. 1459, which added an option that allowed a nonresident waterfowl hunter to purchase a license that is valid for seven consecutive days and is valid statewide. Otherwise, provisions relating to the duration, zones, and license remained the same as they were under the 1981 legislation. One notable change in the arguments for and against nonresident hunters concerning the bill was that the legislative history did not reveal any opposition to the bill in the committees.

Under present law a nonresident waterfowl hunter must have a nonresident fishing, hunting, and fur-bearers certificate that costs $2, a federal migratory bird stamp that costs $15, and a nonresident waterfowl license that costs $93. The license is good for both waterfowl and upland game. A nonresident has three options for fall waterfowl licenses:

1. A 14-day license restricted to zones.
2. A license for two 7-day periods restricted to zones; however, a separate zone may be chosen for each seven-day period.
3. A seven-day statewide license with no zone restrictions.

Attached is a copy of the 1999 nonresident license application for small game, waterfowl, sandhill crane, fur-bearer, and nongame and the 1999 nonresident waterfowl zone map. The map shows three zones. At one time there were as many as eight zones. Also attached is a graph of the number of nonresident waterfowl licenses issued between 1975 and 1998.

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