Biological Diversity Policy

North Dakota does not have a formal biodiversity policy. The state has a few related policies, however. By statute, the legislature recognized the importance of maintaining close contact with living communities and environmental systems. The policy mandates the acquisition of natural areas. (N.D. Cent. Code 55-11-01) Other statutory policies are to preserve thc state's natural resources and wildlife, and to protect wetlands. (N.D. Cent. Code 4-22-01)

Status of Biodiversity Science

North Dakota does not have a coordinated assessment system in place. Instead, the state relies solely on its Natural Heritage database. The Natural Heritage Program provides for the only inventory of ecological resources, to include information on the status and distribution of exemplary natural communities, rare, endangered and threatened plant and animal species and unique geological features. GAP was supposed to be implemented in 1995, but has not yet begun. No other assessment systems were identified.

Endangered Species

North Dakota does not have an endangered species act. Instead, separate statutory provisions authorize listing and the establishment of management programs. (N.D. Cent. Code 20.1-02-05) The management consists of identifying and protecting critical nesting areas and habitats, population counts, and managing species in cooperation with South Dakota and Montana. The state does not list any species itself.

State Agency Management for Biodiversity

State-owned Lands

No requirements for North Dakota agencies to plan and manage their lands for biological sustainability were identified.

Cooperative Efforts

The state does engage in some cooperative efforts. One example is the Waterbank Program, in which the Department of Agriculture and the Department of Game and Fish work together to implement wetland conservation and development plans. Other state agencies work cooperatively on a variety of management projects, although no specific examples were provided.

State Agency Training

North Dakota does not have identified programs of agency personnel training for biodiversity.

Impact Assessment

North Dakota does not have a "little NEPA." However, any land acquisition proposal from a state agency must include a detailed impact analysis. (N.D. Cent. Code 20.1-02-17.1) In addition, the affected counties must also prepare an impact analysis including the fiscal, social, and agricultural impacts of the proposed acquisition. (N.D. Cent. Code 49-22-09)

Habitat Acquisition

North Dakota has few programs to acquire lands for wildlife values. A Private Lands Initiative Program acquires lands for wildlife and fish habitat restoration. Monies are appropriated from the state legislature. Approximately $1.8 million was allocated for 1995-1997. A Nongame Wildlife Fund provides funds to acquire nongame wildlife areas and preserves. Some contributions to the fund come from voluntary tax check-offs. (N.D. Cent. Code 57-38-34.3)

Private Land Conservation

North Dakota utilizes tax credits, incentives and special programs to protect private land for wildlife. The Small and Big Game Habitat Restoration Fund provides funds for private land habitat improvement programs (N.D. Cent. Code 20.1-02-16.3) The Department of Agriculture can enter into waterbank agreements with landowners to conserve wetlands. (N.D. Cent. Code 61-31-04) A property tax exemption exists for landowners who do not alter wetlands on their property. (N.D. Cent. Code 57-02-08.4) Under the Nature Preserves Act, agreements are made with private landowners to protect areas of special interest. State citizens actively participate in many of these programs. (N.D. Cent. Code 55-11-01 et seq.)

Exotic Species

North Dakota has few provisions to control the introduction and spread of exotic species. Exotic plant species are controlled under noxious weed provisions which include fines of up to $2,500 for violations. (N.D. Cent. Code 63-01.1 -01 et seq.) The Department of Game and Fish works with the state veterinarian to control animal exotic species. However, songbirds imported as domestic pets may be possessed and sold. (N.D. Cent. Code 20.1-04-03)

Predator or Animal Damage Control Activities

North Dakota has an animal damage control program that is operated primarily by the federal government. (N.D. Cent. Code 4-01-17.1) Day-to-day operations are run by the federal agency, while the state's role is to control specified species such as deer. The state has agreed to pay up to 50 percent of the cost for guard dogs or electric fences to prevent predator depredation.

Additional Legal Protections for Biodiversity

The public trust doctrine has been used to impose environmental planning responsibilities on the state to evaluate the effects of major water diversions.

North Dakota has a statute allowing any person to sue for violations of environmental statutes, rules or regulations. (N.D. Cent. Code 32-40-OG)

Related Issues

North Dakota participates in Project WILD and published a wildlife viewing guide in 1992. In addition, a statute requires the teaching of natural resource conservation. (N.D. Cent. Code 15-47-24)

North Dakota has a takings bill. Under the bill, a taking was defined as an action that reduces the value of property by more than 50 percent, excluding political subdivisions and legitimate land use regulation. Compensation includes attorney fees and costs. (S.B. 2388)

Contacts:

Department of Agriculture
600 E. Boulevard Ave.
6th Fl.
Bismarck, ND 58505-0020
701-224-2231

Institute for Ecological Studies
P.O. Box 7110
University of North Dakota
Grand Forks, ND 58202
701-777-4215

Parks and Recreation Department
1835 Bismarck Expressway
Bismarck, ND 58504
701-221-5357

State Forest Service
First and Brander
Bottineau, ND 58318
701-228-5422

State Game and Fish Department
100 N. Bismarck Expressway
Bismarck, ND 58501
701-328-6300

North Dakota ADC State Director
1824 North 11th Street
Bismarck, ND 58501-1913
701-250-4407