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Message: <blockquote data-quote="Fritz the Cat" data-source="post: 256163" data-attributes="member: 605">From the beginning I said it would be nice if the onus wasn't on landowners to have to post against trespass. At the very same time language should be written saying hunting is not trespass. SB 2315 was divided into Division A and Division B at the very last minute. That kind of blew up the carriers preparation. What passed yesterday: 19.0896.02009Sixty-sixthLegislative Assemblyof North DakotaIntroduced bySenators Erbele, Patten, UnruhRepresentatives Boe, Schmidt, Westlind A BILL for an Act to create and enact chapter 20.1-18 of the North Dakota Century Code,relating to a database identifying whether private land is open to hunters; to amend and reenactsections 12.1-22-03, 20.1-01-17, 20.1-01-18, 20.1-01-19, 20.1-01-20, and 20.1-03-42 of theNorth Dakota Century Code, relating to criminal trespass and hunting on private land; to providea statement of legislative intent; to provide for a legislative management study of access toland; and to provide a penalty to repeal sections 20.1-01-17 and 20.1-01-20; to provide for areport to the legislative management and interim legislative committees; to provide a penalty; toprovide a contingent effective date; to provide a contingent expiration date; and to declare anemergency. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:SECTION 1. AMENDMENT. Section 12.1-22-03 of the North Dakota Century Code isamended and reenacted as follows:12.1-22-03. Criminal trespass - Noncriminal offense on posted property.1. An individual is guilty of a class C felony if, knowing that that individual is not licensedor privileged to do so, the individual enters or remains in a dwelling or in highlysecured premises.2. An individual is guilty of a class A misdemeanor if, knowing that that the individual isnot licensed or privileged to do so, the individual:a. Enters or remains in or on any building, occupied structure, or storagestructure, or separately secured or occupied portion thereof; orb. Enters or remains in any place so enclosed as manifestly to exclude intruders of abuilding or structure, or any other place the individual is not licensed or privilegedto be, except as provided in subsection 3 and sections 20.1 - 01 - 18, 20.1 - 01 - 19 ,and 20.1 - 03 - 42 , and 20.1 - 18 - 03 .Page No. 1 19.0896.02009 3. a. An individual is guilty of a class B misdemeanor if, knowing that that individual isnot licensed or privileged to do so, the individual enters or remains in any placeas to which notice against trespass is given by actual communication to the actorby the individual in charge of the premises or other authorized individual or byposting in a manner reasonably likely to come to the attention of intruders. Thename of the person posting the premises must appear on each sign in legiblecharacters.b. Even if the conduct of the owner, tenant, or individual authorized by the ownervaries from the provisions of subdivision a, an individual may be found guilty ofviolating subdivision a if the owner, tenant, or individual authorized by the ownersubstantially complied with subdivision a and notice against trespass is clearfrom the circumstances.c. An individual who violates subdivision a is guilty of a class A misdemeanor for thesecond or subsequent offense within a two-year period. 4. a. An individual, knowing the individual is not licensed or privileged to do so, maynot enter or remain in a place as to which notice against trespass is given byposting in a manner reasonably likely to come to the attention of intruder onproperty that is privately owned and open to the public after being requested toleave the property by a duly authorized individual. A violation of this subdivision isa noncriminal offense.b. A peace officer shall cite an individual who violates subdivision a or commits anoncriminal offense under section 20.1-01-18 with a fine of two hundred fiftydollars for each violation.c. The peace officer citing the individual shall:(1) Take the name and address of the individual; and(2) Notify the individual of the right to request a hearing if posting bond by mail.d. The peace officer may not take the individual into custody or require theindividual to proceed with the peace officer to any other location for the purposeof posting bond. The officer shall provide the individual with an envelope for usein mailing the bond.e. An individual cited may appear before the designated official and pay thestatutory fine for the violation at or before the time scheduled for hearing.f. If the individual has posted bond, the individual may forfeit bond by not appearingat the designated time.g. If the individual posts bond by mail, the bond must be submitted within fourteendays of the date of the citation and the individual cited shall indicate on theenvelope or citation whether a hearing is requested. If the individual does notrequest a hearing within fourteen days of the date of the citation, the bond isdeemed forfeited and the individual is deemed to have admitted to the violationand to have waived the right to a hearing on the issue of commission of theviolation. If the individual requests a hearing, the court for the county in which thecitation is issued shall issue a summons to the individual requesting the hearingnotifying the individual of the date of the hearing before the designated official.h. Upon appearing at the hearing scheduled in the citation or otherwise scheduledat the individual's request, the individual may make a statement in explanation ofthe individual's action. The official may at that time waive or suspend the statutoryfine or bond.i. A citing peace officer may not receive the statutory fine or bond.j. The bond required to secure appearance before the judge must be identical tothe statutory fine established in subdivision b.5. An individual is guilty of a class B misdemeanor if that individual remains upon theproperty of another after being requested to leave the property by a duly authorizedindividual. An individual who violates this subsection is guilty of a class Amisdemeanor for the second or subsequent offense within a two-year period.6.4. This section does not apply to a:a. A peace officer in the course of discharging the peace officer's official duties; orb. An individual who enters land to access buried and aboveground infrastructurefor operations, inspection, repair, or maintenance purposes, if the individual has aright to operate, inspect, repair, or maintain the infrastructure. SECTION 4. AMENDMENT. Section 20.1-01-18 of the North Dakota Century Code isamended and reenacted as follows:20.1-01-18. Hunting on posted land and trapping on private land without permissionunlawful - Penalty.No individual may hunt or pursue game, or enter for those purposes, upon legallyposted land belonging to another without first obtaining the permission of the person legallyentitled to grant the same permission, unless the land is legally posted or the individual isrequested to leave by a duly authorized person. No person A person may not enter uponprivately owned land for the purpose of trapping protected fur-bearing animals without firstgaining the written permission of the owner or operator of that land. A person who violates thissection is guilty of a class B misdemeanor noncriminal offense subject to the fines andprocedures under subsection 3 of section 12.1-22-03 for the first offense and a class Amisdemeanor for a subsequent offense within a two-year period unless the land is designatedas closed to hunters or open to hunters with permission under section 20.1 - 18 - 02 or the land is legally posted in accordance with section 20.1 - 01 - 17 . SECTION 7. AMENDMENT. Section 20.1-01-20 of the North Dakota Century Code isamended and reenacted as follows:20.1-01-20. Entering posted private land with a hunting license and a gun or firearmprima facie evidence of intent to hunt game. Proof that a person having an individua l had a firearm, or other weapon declared legal by governor's proclamation, in the person's possession and a valid license to hunt game in therelevant area when the individua l or a group including the individua l entered upon the legally posted private premises of another without permission of the owner or tenant is prima facie evidence the person individua l or the group including the individua l entered to hunt or pursue game. SECTION 8. AMENDMENT. Section 20.1-03-42 of the North Dakota Century Code isamended and reenacted as follows:20.1-03-42. Guiding on prohibited lands.1. A person may not act as a hunting guide or hunting outfitter on land the person knowsis owned by the state unless the appropriate state agency permits or authorizes theguiding or outfitting, on private land enrolled by the department for purposes ofhunting, on land in which the department pays in lieu of taxes, or on federal landswithout being authorized or permitted as required by the appropriate federal agency,or.2. A person may not act as a hunting guide or outfitter on private lands that are postedagainst hunting or trespassing under section 20.1 - 01 - 17 or private lands that aredesignated as closed to hunters or open to hunters with permission under section20.1 - 18 - 02 , without first informing and obtaining permission from the landowner toconduct guiding or outfitting on the land. If the landowner did not grant the permissionin writing, there is a presumption that the permission did not exist. SECTION 11. EDUCATION AND MARKETING. The game and fish department and thetourism division of the department of commerce shall provide public education and marketingregarding the changes to land access in this Act.Division B was voted down. What was in it was a committee formed to bring real sportsmen to the table to visit about green yellow red apps and other talks to resolve this impasse. Two years from now the committee would give its recommendations to the legislature. The hammer was...… if sportsmen don't come to the table, then the law becomes all land is considered posted. For my part every lawmaker gets an F. Talking about if we don't get this then we'll post everything up tight. That's bad. Talking about how USFWS easements are bad and then attacking sportsmen for going to DC lobbying against farmers. Wrong, real sportsmen don't do fly ins to DC, that is certain non-profits. Watch each proponent Representative complain that there is no working with these certain individuals who claim to represent sportsmen. The whole shit got turned into a rural verses city debacle.There were no real sportsmen there yesterday. Carmen Miller from Ducks Unlimited, Keith Trego from ND Dakota Natural Resources Trust and John Bradley from the ND wildlife federation. What would I like to see? Throw everything and change Section 7 too read:SECTION 7. AMENDMENT. Entering unposted private land with a hunting license and a gun or firearm prima facie evidence of intent to hunt game is not trespass. Proof that a person having an individual had a firearm, or other weapon declared legal by governor's proclamation, in the person's possession and a valid license to hunt game in the relevant area when the individual or a group including the individual entered upon the unposted private premises of another without permission of the owner or tenant is prima facie evidence the person individual or the group including the individual entered to hunt or pursue game is not trespass.Probably not possible.</blockquote>

Verification: What is the most common fish caught on this site?

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