As I've stated before, I see both sides of it being from SD. Here is my take on a few of the ideas-
-You still need to provide a landowner opportunity to get a tag. Maybe it isn't free, but they must basically get a guaranteed license in the draw for their unit. It should be good on their own land only with a cost to cover the tag printing & administrative part at least. This is common courtesy to the folks who are raising the wildlife each year.
-Any public ROW should be open to hunting. Birds must rise from within the ROW to be legal, if they cross the fence they are still fair game. SD tried to do the "iron fence" where you had to shoot them over the ROW and it doesn't work. Public is public. Lots of this goes on in SD and while road hunting doesn't have a great rep, it is an opportunity for some.
-You still need units for management purposes. No real way around that. If nobody can hunt and deer numbers get out of hand, that alone can be used to justify access. You can't complain about too many deer if you don't allow hunting access.
If it really came to this, I think the biggest thing that should be in the law is the ability to post OPEN TO HUNTING signs if the landowner desires. I know my relatives won't want to be harassed all harvest season. The G&F should provide these free of charge. Sportsmans organizations should help with install if landowners request. And DO NOT put this on a map...make it so you have to be there and see it with your own eyes.
I have no idea on the number of guides or landowners charging access is in any part of ND. However, my inlaws are in south central SD. I don't know if there is any other area in the northern US that has more commercial pheasant hunting operations, absentee landowners who purchased land only for hunting, or landowners that charge access. If you do ever get to this point, there is no way to go back from it. The culture changes so significantly that hunting is just a dollar sign. People in that area see pheasant hunting as walking food plot strips. Telling them to walk that grassy creek bottom and they look at you funny. But you'll never be able to discourage them from doing this with insurance requirements, etc. or taxing out of state hunters. They'll pay the insurance (most do already) and the OOS guys will pay the fee. Its like going down a road into Ft. Peck in a rainstorm.....once you go down, you ain't getting out.