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Panel reviews bill to allow hunting from beached or powered boats (motor off) to aid retrieval and access
Summary
Senate Bill 2245 would permit hunting waterfowl from beached boats and from motorized boats that are at rest with the motor off; proponents said the change aligns North Dakota with other states and helps retrieve crippled birds, while department testimony flagged enforcement discretion and sovereign‑water access questions.
Senate Bill 2245, sponsored by Senator Mike Dwyer, would add "beached" to definitions of lawful boat use for waterfowl hunting and allow hunting from a non‑motorized craft propelled by paddle, oar or pole or from a motorized craft at rest with its motor turned off. The bill also clarifies that shooting from a motorboat, sailboat or other craft remains prohibited except as the section provides.
"The change aligns with the same opportunities that other waterfowl states like Minnesota and South Dakota have," Dwyer said, and he emphasized that the provision allowing a motorized craft at rest is intended to help hunters retrieve crippled birds on large bodies of water.
Rich Gross, a former U.S. Fish and Wildlife Service special agent and waterfowl hunter who asked the senator to sponsor the bill, said motorized access with the engine shut off helps ethically dispatch and retrieve wounded birds in large lakes where paddles alone make retrieval difficult.
The North Dakota Game and Fish Department said it is neutral on the bill but raised enforcement questions and concerns about access. Chief Scott Winkelman noted that bodies of water are sovereign to the state and that launching from a section line to reach mid‑lake hunting areas raises questions about private‑land access; department witnesses said the bill would not change private‑land permission requirements but could change how an officer determines whether a craft was moving under motor power or wave action.
Law enforcement and department officials told the committee that violations would remain enforceable; departmental counsel said violations in the chapter generally carry a class B misdemeanor penalty unless another penalty is specified. Game wardens and a testifying retired special agent said officer observation and discretion would guide enforcement; proponents said discretion is workable and that the bill specifically forbids shooting from a motorboat that is being used to chase birds.
No committee vote on SB 2245 was recorded at the hearing; testimony and department guidance will inform committee deliberations.
