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North Dakota Senate passes bill to protect deer baiting on private property

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North Dakota Senate passes bill to protect deer baiting on private property


BISMARCK — The North Dakota Senate voted 31-15 Wednesday to pass a bill preventing the North Dakota Game and Fish Department from restricting the use of supplemental feed on private property to hunt big game – commonly referred to as baiting.

Senate Bill 2137 still needs to pass through the House and receive the governor’s signature before it becomes law.

Supporters of the bill say that baiting bans infringe on private property rights and are based on needless fears over the spread of Chronic Wasting Disease. CWD is a brain disease that affects deer, elk, moose and other cervids. The disease always leads to death, and there is no treatment or vaccine for it.

Sen. Keith Boehm, R-Mandan, said 49,596 deer have been tested over 22 years resulting in 105 detections of CWD. He said that detections do not equate to disease — that a deer must be necropsied for confirmation of the disease. He said one deer in North Dakota has been confirmed to have died from CWD.

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Boehm said that while deer numbers are declining in the state, it is not a result of CWD.

The Game and Fish Department could not immediately be reached to comment on Boehm’s contentions. The agency has published information since 2009 — the year the first case was detected in North Dakota — on 105 positive cases of CWD identified through its hunter-assisted surveillance program. The department also has previously commented on one documented case of a natural deer death due to the disease — a whitetail found dead and emaciated by a landowner near Williston in February 2019.

Senate Bill 2137 would prevent North Dakota’s Game and Fish Department from banning baiting on private property.

Contributed / Matt Neibauer

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Boehm said baiting bans do not make sense when landowners are allowed to feed deer year-round and it only becomes illegal when a deer is killed over the feed piles.

Sen. Paul Thomas, R-Velva, said that the baiting is crucial for elderly and disabled hunters, and bow hunters, who need to bring deer in close to have a chance at harvesting one.

“Bait has been used for a long, long time as that tool that allows that person to at least have a chance,” Thomas said. “Many landowners have that opportunity … because we have certain areas that naturally attract deer. Unfortunately many sportsmen across this state do not have that opportunity. We cannot take that opportunity away from them. I urge you to vote green (yes).”

Opponents of the bill say it strips the Game and Fish Department of an important tool in its mission to mitigate the spread of diseases passed between game animals by close contact.

“I don’t think we should decide this issue on the basis of property rights,” Sen. Michael Dwyer, R-Bismarck, said during the floor session. “This is an issue of CWD, as the carrier said. The Game and Fish Department is trying to balance the concern over the disease with the attempt to provide as many hunting opportunities as possible. I think we should let the Game and Fish Department do their job and vote red (no) on this bill.”

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Sen. Michelle Axtman, R-Bismarck, questioned the bill carrier on what the repercussions would be if a new highly contagious disease is discovered in the next season and Game and Fish is no longer able to institute baiting bans.

Sen. Randy Lemm, R-Hillsboro, said he does not think the bill would have an effect in the event a new disease is discovered.

The bill has a sunset clause that was added in committee which means that should it become law it would be rendered ineffective after July 31, 2029. Lemm said this was done so the topic can be revisited after further research on CWD has been conducted by Game and Fish.

The bill received a 5-1 do-pass recommendation out of committee. Its committee hearing was a marathon event with a plethora of testimony on both sides of the issue, forcing the committee to change chambers to accommodate all who wished to testify.





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Found guilty of manslaughter: Dickinson man to spend only about four and a half more years in prison

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Found guilty of manslaughter: Dickinson man to spend only about four and a half more years in prison


DICKINSON — A 70-year-old Dickinson man

charged with murder in 2024

was sentenced on Tuesday to 15 years in prison after the charges against him were dropped to manslaughter. According to court documents, he will only be in custody for about four and a half more years.

Nine years were suspended from Jeffrey Powell’s sentence along with 532 days or about one and a half years for time already served.

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Barring future developments, Powell will be incarcerated at the North Dakota Department of Corrections and Rehabilitation for

the death of 59-year-old Christopher Volney Ische

for about four and a half more years.

That’s just months more than the four-year minimum sentence, according to the Stark County State’s Attorney Amanda Engelstad.

The initial incident happened on July 3, 2024. Police said the shooting, which resulted in Ische’s death, happened around 7 p.m. in a residential neighborhood in Dickinson after a verbal altercation. Police also said Powell had stayed on the scene of the shooting and talked with officers.

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At the time of Powell’s arrest, police said they presumed Ische’s death was an isolated incident. He has been held at Southwest Multi-County Correctional Center (SWMCCC) since the incident with a $2 million bond.

Powell

was initially charged with a Class AA felony

, which could carry a maximum sentence of life in prison. On Tuesday, Dec. 16, Powell was found guilty of manslaughter of an adult victim, which is a Class B felony.

Powell pleaded guilty to the manslaughter charge.

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Engelstad said to The Press that the difference in charges was based on evidence presented in the trial and was an “appropriate resolution.”

Different sentencing rules applied to Powell, however, because of how North Dakota law interprets the use of a firearm in cases like this.

During the trial, the court found that Powell was a dangerous special offender pursuant to NDCC 12.1-32-09. This portion of North Dakota law allows the court to sentence above normal charges. In Powell’s case, a class B felony typically carries a maximum sentence of 10 years. With the dangerous special offender finding, the sentence can be a maximum of 20 years.

Engelstad said the State had argued for a sentence of 20 years.

“I’m disappointed in the outcome,” said Engelstad.

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Additional terms of Powell’s sentence include five years’ supervised probation, along with no contact with the family of the deceased for the same length of time.

If Powell does not violate these terms, his probation will end in 2035. He is scheduled to be released from custody June 23, 2030.

A total of $775 in fees for Powell’s case, including criminal administration, facility admin and victim witness fees, were waived. He may be required to pay restitution. The State’s Attorney’s office has 60 days from the date of judgment to file an affidavit of restitution.

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Originally from rural South Dakota, RubyAnn Stiegelmeier is the editor of The Dickinson Press. Through her work, she celebrates the unique voices and achievements that make this region vibrant. For story tips or inquiries, you can reach RubyAnn at 701-456-1212 or rubyann@thedickinsonpress.com.





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Blizzard warning issued in Dakotas

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Blizzard warning issued in Dakotas


The view through a North Dakota Highway Patrol squad’s windshield. (Facebook)

Blizzard warnings are in for parts of both North and South Dakota, creating hazardous conditions for drivers on Thursday morning.

Blizzard warning in effect

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What we know:

In North Dakota, the blizzard warning covers most of the northern two-thirds of the state, stretching into northwest Minnesota.

In South Dakota, the blizzard warning only covers three counties in the far northeast part of the state, including Day, Marshall, and Robert counties.

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The National Weather Service is only forecasting between one and four inches of snow in North Dakota and two inches of snow in South Dakota, but whipping winds up to 70 miles per hour will greatly reduce visibility and cause damage to trees and power lines.

READ MORE: White-out conditions reported in NW Minnesota

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What they’re seeing:

North Dakota Highway Patrol shared photos showing the blizzard conditions along Interstate 94 just east of Bismark. In the photos, it appears you can only see a few feet past the front bumper of the squad.

Another post shows snow whipping in the high winds in Grand Forks County. Troopers are urging residents to stay home in North Dakota if they are able.

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Travel restrictions in place

Big picture view:

A travel alert is in effect for western parts of North Dakota while no travel is advised for central and eastern parts of the state. Troopers have restricted oversized loads from roads in the northwest and northeast regions of the state as of 5:30 a.m. and empty or light-loaded high-profile vehicles due to the high winds and icy conditions.

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In South Dakota, officials warn that there are reports of multiple downed powerlines and trees blocking roadways. No travel is advised in Day and Marshall counties.

The Source: This story uses information from the North Dakota Highway Patrol and the National Weather Service.

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Florida fraud suspect arrested in North Dakota

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Florida fraud suspect arrested in North Dakota


FARGO, N.D. (Valley News Live) – A 24-year-old suspect wanted on fraud charges in Florida was arrested in Bismarck following a multi-state investigation into alleged economic crimes targeting St. Lucie County, Florida residents in 2024.

Kylen Running Hawk was arrested on Tuesday, Dec. 16, by Bismarck authorities working with the St. Lucie County Sheriff’s Office. Running Hawk is being held at the Burleigh County Jail pending extradition to Florida.

Kylen Running Hawk was arrested on Tuesday, Dec. 16, by Bismarck authorities working with the St. Lucie County Sheriff’s Office.(St. Lucie County Sheriff’s Office)

Running Hawk faces three charges under Florida law:

  • Fraud/swindle: Defrauding to obtain property valued at less than $20,000
  • Fraud/impersonation: Use or possession of another person’s identification without consent
  • Grand theft: Property valued at $750 or more but less than $5,000

Detective Cpl. Redler coordinated the cross-state apprehension, according to the St. Lucie County Sheriff’s Office.

The investigation remains ongoing.

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