SB2137 reads: Hunting big game animals using supplemental feed not prohibited or restricted

Since 2005, the North Dakota Game and Fish has shown a desire to ban feeding due to disease. They unsuccessfully attempted a ban legislatively in both 2007 and 2009 ensuring the NDGF does not have the authority over the feeding of wildlife. Hundreds of North Dakotans showed up providing verbal testimony in committee and to observe legislative floor votes. As a result, the citizens of North Dakota can feed wildlife anytime, in any location.

In turn, the NDGF began a campaign of a “baiting restriction” as a “tool” to “slow the spread” of CWD. The NDGF does not have authority over the feeding of wildlife due to the 2009 law but, they do have control over method of take. The NDGF mandates sportsmen cannot HUNT over feed that is placed for the purpose of hunting, in units that they have deemed CWD risks.

The NDGF director was questioned at a public meeting on April 2023:

Question: Is it true that baiting is still legal in the state of North Dakota and you just can’t hunt over it in the restricted units?
Answer: That is correct.

This bill started on the Senate side and was boldly presented by Senator Keith Boehm of  District 33. The bill is simple and precise. It says that the NDGF cannot restrict hunting over supplemental feed. A 4-year sunset amendment was attached in the Senate Agriculture and  Veterans Affairs Committee. The Senate floor vote was 31 yeas 15 nays.

SB 2137 went to the House side and the committee was changed to the Energy and Natural Resource Committee. This change of committee is uncommon. Verbal testimony was submitted and the bill sat in the committee for 2 weeks with one short meeting when 3 amendments were proposed that were private property infringements. Another 2 weeks passed and amendments were re-proposed with one amendment deleted and 2 more added.

Amendments proposed:

1. 50 foot feed setback from any property used for animal agriculture.
2. 50 gallon feed limit per location.
3. The department shall conduct CWD surveillance and testing.
4. The department shall provide a report to the legislative management before 12/31/2028  providing an update on the surveillance and testing protocols and procedures for CWD in  the state.

The House ENR committee voted that the bill go to the House floor with a due pass and all 4  amendments attached. The bill stalled for another week without being presented to the Legislative Council and placed on the calendar.  At 6pm on a Thursday evening, the calendar indicated that SB 2137 was to be on the 6th order,  Friday at 12:30 pm CT. After an hour debate on all 4 attached House amendments, all four  amendments were stripped and a clean bill passed with a vote of 56 yeas 34 nays.  SB 2137 is awaiting the governor’s signature.

The work that this bill took was astronomical. The last innings included several visits to the  North Dakota capitol with face to face talks with legislators. Educating the public and legislators about CWD and the NDGF actions is vital. Empowering people with knowledge must be the goal when going into the  legislative realm. THE PEOPLE are who matter and when they realize this, the energy becomes the driving force.

North Dakotans became engaged and demonstrated that they wanted to put in massive efforts with calls, emails, texts, attending meetings and hearings, and having the fortitude to talk with others about CWD and regulations. Our Legislators listened and many stood up on the floor to speak on behalf of THE PEOPLE. For this, we are grateful for their courage and unfaltering oath to the people they represent.

This bill was initially created by a small group of sportsmen that randomly met at a NDGF  public meeting. They came from a variety of locations within the state with various intentions  and motivations. Some had skin in the game with outfitting, while others were focused on  defending rights. A few just wanted the truth about CWD to be exposed, while others had run-ins with the NDGF about feeding. The one bonding topic was the lack of acknowledgement they had all endured by the NDGF. It was apparent that many others in the state felt the same and wanted action.

Three years of numerous conversations, attending meetings, posting on social platforms, podcasts, radio shows, articles, talking to neighbors, sharing ideas, working with local  organizations, informing legislators, and above all, focusing on the goal of protecting rights.  This became a grassroots campaign and evolved into the “Orange Herd”. No outside money was involved. Lots of boot leather, phone time and energy invested. A true testament to what happens when a small group of committed people challenge the powers that be with what they know to be true, based on personal experience -  we can make meaningful Goliath changes.

We are so proud of THE PEOPLE of North Dakota for getting involved.