Gray v. North Dakota Game and Fish Dept.

2005 ND 204, 706 N.W.2d 614, 2005 N.D. LEXIS 253, 2005 WL 3163499
CourtNorth Dakota Supreme Court
DecidedNovember 29, 2005
Docket20050103
StatusPublished
Cited by20 cases

This text of 2005 ND 204 (Gray v. North Dakota Game and Fish Dept.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. North Dakota Game and Fish Dept., 2005 ND 204, 706 N.W.2d 614, 2005 N.D. LEXIS 253, 2005 WL 3163499 (N.D. 2005).

Opinions

SANDSTROM, Justice.

[¶ 1] David B. Gray appealed from a judgment1 affirming the North Dakota Game and Fish Department’s order suspending Gray’s hunting, fishing, and trapping privileges in North Dakota from September 21, 2004, through January 1, 2006. We conclude Gray has failed to establish that his statutory or constitutional rights were violated by the Department’s suspension of his hunting privileges in North Dakota on the basis of his violation of a Wyoming hunting law, and we affirm.

I

[¶ 2] On April 16, 2004, Gray, a North Dakota resident, was convicted by a Wyoming circuit court jury of trespass to hunt in violation of Wyo. Stat. Ann. § 23-3-305(b) (2005). While hunting in Wyoming, Gray had driven his truck across private property posted with “No Trespassing” and “No Hunting” signs to access public property for the purpose of hunting on the public property. Gray’s conviction was upheld on appeal to the Wyoming district court. As a result of the conviction, Gray’s privileges to obtain hunting, fishing, and trapping licenses in Wyoming were “suspended for the remainder of 2004 and all of 2005.”

[¶ 3] North Dakota and Wyoming are members of the Interstate Wildlife Violator Compact. See N.D.C.C. ch. 20.1-16; Wyo. Stat. Ann. §§ 23-6-301-23-6-304 (2005). After receiving information about Gray’s Wyoming suspension, the Department informed Gray by letter on October 12, 2004, that his North Dakota hunting, fishing, and trapping privileges were also suspended from September 21, 2004, through January 1, 2006. Gray requested a hearing. The Administrative Law Judge (“ALJ”) recommended that the Department’s suspension of Gray’s privileges be affirmed because N.D.C.C. § 20.1-16-03 authorized the Department’s actions. The Department adopted the ALJ’s recommendations. Gray appealed to the district court, which upheld the Department’s decision.

[618]*618[¶ 4] The district court had jurisdiction under N.D. Const, art. VI, § 8, and N.D.C.C. § 28-32-42. Gray’s appeal to this Court is timely under N.D.C.C. § 28-32-49 and N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const, art. VI, §§ 2 and 6, and N.D.C.C. § 28-32-49.

II

[¶ 5] Gray challenges the Department’s suspension of his hunting privileges on numerous grounds.

[¶ 6] Under N.D.C.C. § 28-32-46, the district court must affirm an order of an administrative agency unless it finds any of the following are present:

1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
6. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency’s rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.

[¶ 7] Our scope of review is limited in appeals from decisions of administrative agencies. We review the decision of the administrative agency in the same manner as the district court. N.D.C.C. § 28-32-49. We exercise restraint in deciding whether the agency’s findings of fact are supported by a preponderance of the evidence, and we do not make independent findings or substitute our judgment for that of the agency. Paul v. Workforce Safety and Ins., 2003 ND 188, ¶ 11, 671 N.W.2d 795. We decide only whether a reasoning mind reasonably could have decided the agency’s findings were proven by the weight of the evidence from the entire record. Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 220 (N.D.1979). Questions of law, including the interpretation of a statute, are fully reviewable on appeal from an administrative decision. Bjerklie v. Workforce Safety and Ins., 2005 ND 178, ¶ 9, 704 N.W.2d 818.

A

[¶ 8] Gray argues the Department erred in suspending his North Dakota hunting privileges on the basis of his Wyoming conviction for trespass to hunt. Resolution of this issue requires an examination of North Dakota’s version of the Interstate Wildlife Violator Compact.

[¶ 9] The legislature adopted a version of the Interstate Wildlife Violator Compact effective August 1, 2001. See N.D.C.C. ch. 20.1-16; 2001 N.D. Sess. Laws ch. 230 § 1. In general, the Compact, which to date has been adopted by more than 20 states, is an interstate agreement promoting cooperation in enforcing laws related to managing wildlife resources whereby participating states agree to honor other participating states’ wildlife license suspensions of those who violate game and fish laws. Stapley v. State, 192 Ariz. 427, 966 P.2d 1031,1032 (App.1998). The Compact sets forth the policy of participating states to “[r]ecognize the suspension of wildlife license privileges of any person [619]*619whose license privileges have been suspended by a participating state.” N.D.C.C. § 20.1-16-01, art. 1, § 2(b). Under the Compact, “[a]ll participating states may recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state,” and “shall communicate suspension information to other participating states in form and content as contained in the compact manual.” N.D.C.C. § 20.1-16-01, art. 5, §§ 1 and 2.

[¶ 10] Section 20.1-16-03 N.D.C.C., provides for reciprocal recognition of license suspensions:

1. When the department receives notice of the suspension of a person’s hunting, trapping, or fishing privileges by a participating state, the department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under this state’s law. If the department determines that the person’s privileges could have been forfeited, the department may suspend the person’s privileges to hunt, trap, or fish in this state for the same period as imposed by the participating state not to exceed the maximum limits allowed by state law.
2. When the department receives notice of a conviction of a state resident from the licensing authority of the issuing state, the department may treat the conviction as if it had occurred in this state and shall determine whether the conviction could have led to the forfeiture of the resident’s hunting, trapping, or fishing privileges under state law. If the department determines that the resident’s privileges could have been forfeited, the department may suspend the resident’s privileges to hunt, trap, or fish in this state for the same period as the issuing state, not to exceed the limit that could have been imposed under state law.

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Bluebook (online)
2005 ND 204, 706 N.W.2d 614, 2005 N.D. LEXIS 253, 2005 WL 3163499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-north-dakota-game-and-fish-dept-nd-2005.