John Hoeven: Governor of North Dakota

News Releases for February 2002

February 13, 2002
For further information, please Contact the Governor's Office

Governor Hoeven Speaks Out

Pheasant Season Timeline: A More Complete Summary

Following a request by the Democratic Party for documents from the Governor’s office pertaining to an early pheasant opener, a timeline with attached documents purporting to describe the events leading to the Governor’s decision has been circulated to the media. The timeline as circulated is both incomplete and inaccurate. Following is a fuller description of how concerns regarding an earlier opener were addressed and how and why Governor Hoeven supports trying to open the season one week early this year with it remaining the second weekend for the next three years, as is currently the case, and then given careful evaluation. The Governor’s responses to the inaccurate descriptions of the items listed in the packet are included, and a number of items and documents that were omitted from the packet have been added. All additional items and the Governor’s responses are indicated by boldface type and underlining.

1. Randy Kreil Memo - February 15, 2000 - The memo from Randy Kreil to Dean Hildebrand and Randy Rostvet outlines the problems and concerns in changing opening day for the pheasant season. (Attachment A (173kb pdf))
2. Governor Ed Schafer Letter to Cannonball -- March 1, 2000 - The letter is a response to cannonball’s request to move the opening date for the pheasant season. The Governor’s response is not to change the date, due in part from the technical information in the February 15th memo. (Attachment B (72kb pdf))

These first two items refer to decisions made in the previous administration. However, it should be noted that our administration has addressed a number of the concerns raised in these two documents; notably, we have vetoed an early opener annually and we have taken measures to avoid a conflict with the waterfowl season.

3. Dean Hildebrand Fax -March 5, 2001 - The fax weighs the pros and cons of moving the pheasant hunting opening date. In the end, Mr. Hildebrand strongly recommends not changing the opening date. (Attachment C (64kb pdf))

This is not an accurate characterization. In fact, Mr. Hildebrand recommends not changing the date only in 2001. He does, however, recommend trying an early opener in 2002, which was the course he later formally advanced and which was adopted.

4. Governor Hoeven Letter - March 29, 2001 - This is the letter Governor Hoeven sent to Prairie Vista Bed and Breakfast to [tell] them that they were moving to an earlier season opening shortly after the March 5 fax by Dean Hildebrand strong recommendation against it. (Attachment D (43kb pdf))

This is an inaccurate characterization of this letter. The fact is that this letter originated at the request of Sen. Aaron Krauter, who arranged a meeting with the Governor, himself and the Senator’s constituents, the Princes, owners of Prairie Vista Bed and Breakfast in Regent. The letter was prepared at Sen. Krauter’s request as the Princes waited after the meeting, and was hand delivered to Sen. Krauter the very same day he brought the Princes to the Governor’s office. Again, Mr. Hildebrand recommended against an early opener in 2001, but recommended trying it in 2002. The letter shows that Governor Hoeven supports trying an earlier opener, but that circumstances may not allow it, and that all interests, including resident hunters and sportsman, must be addressed.

5. District 3 advisory board meeting minutes - April 23, 2001 - Noted without characterization for or against that the subject of an early pheasant opener was discussed. (Attachment E (86kb pdf))
6. Bismarck Tribune article by Ron Wilson - May 30, 2001 - “There was a general feeling from hunters that this might not be a bad idea,” Hildebrand told the Tribune, referring to the regional advisory meetings. Hildebrand promised more analysis would follow. At this time, Hildebrand’s biologists expressed a reservation only about the weather and the hatch. Governor Hoeven in his letter of March 29 to the Princes consented “absent any extraordinary weather or similar unforeseen circumstances.” The article references Wilson’s contact with a Pheasants Forever biologist, who was clearly aware that an early opener was seriously under consideration. (Attachment F (159kb pdf))
7. E-mail from Governor’s Counsel Robert Harms to Governor Hoeven and Chief of Staff William Goetz - October 24, 2001 - This Email clearly outlines the rationale for the early opener and makes a specific recommendation to Governor Hoeven. It also makes clear that not all interested parties got precisely what they asked for, and that the Governor, as subsequent events make evident, accepted a balanced compromise by making pheasant season one week after the opening of waterfowl season in 2002 only. (Attachment G (45kb pdf))
8. E-mail from Governor Hoeven to Robert Harms and William Goetz in response to the October 24, 2001 e-mail - October 26, 2001 - The Governor states clearly: “Bill, Bob, Let’s go with Dean’s (and Bob’s) recommendation. John.” Evidenced by this and the previous e-mail to the governor is the fact that 1) the recommendation originated with Game and Fish after considering the effect of the decision on both hunters and commercial interests, and 2) the governor did not make any decision prior to receiving a recommendation from Game and Fish. (Attachments H1 (42kb pdf) & H2 (44kb pdf))
9. Bismarck Tribune article by Lauren Donavan - October 26, 2001 - Bismarck Tribune Online Archives: Lauren Donavan article: Donavan explicitly describes Hildebrand’s plan as a compromise, and notes that it was pending the Governor’s final “stamp of approval.” Bob Harms is quoted saying, “the governor likes the plan because it avoids that very conflict [of coinciding waterfowl and pheasant seasons], but wants to give staff an opportunity to assess its strengths and weaknesses before making it official.” Harms also notes that the plan may get more input during regional advisory board meetings. (Attachment I (134kb pdf))
10. Dean Hildebrand memo - November 19, 2001 - This memo to Governor John Hoeven asks for research to be done on the early pheasant hunting date because of the lack of scientifically valid information. (Attachment J (48kb pdf))

Citing this letter with reference to the pheasant hunting opener is inaccurate. In fact, the memo doesn’t even mention pheasant hunting. It refers to an “access” survey regarding non-resident hunters, and is actually intended to address the interests and concerns of resident hunters.

11. Game and Fish Department statewide advisory board meeting - December 14, 2001. District meetings were held in the fall of 2001. Regional meeting minutes in districts 3, 6, 4 and 7 show discussion of an earlier opener, and the statewide meeting minutes on December 14 formalized and recorded the following consensus of the six districts present: “A consensus was taken and all present agreed to changing the opening date to a week after waterfowl season.” (Attachment K (91kb pdf))
12. Dean Hildebrand email - January 8, 2001 - In this personal email to his sister, Mr. Hildebrand talks about how he is stuck in the middle between hunters and the Governor due to the Governor’s decision to open the pheasant hunting season early. (Attachment L (112kb pdf))

This is a personal e-mail, but it should be noted again that the Governor adhered to the recommendation made by the Game and Fish Department.

13. Roger Rostvet memo - January 9, 2002 - In Roger Rostvet’s memo, he writes to members of Governor Hoeven’s office about the problems with moving the pheasant season opener and possible alternatives. (Attachment M (87kb pdf))

Again, the summary presented here is selective and incomplete. Rostvet outlines the pros and cons of an earlier opener, but concludes with the Game and Fish Suggested Alternative. “(This option has been chosen.) Rather than move the opener to the first Saturday in October, move it to the first Saturday after the waterfowl opener. This provides for an earlier opener some years and eliminates the conflict with the waterfowl opener entirely. Example: For 2002 with a Sept. 28 waterfowl opener, the pheasant opener would be Oct. 5. Under current practice the opener would be on Oct. 12. This would over time provide for an average three and one-half day earlier season. Biologically the pheasant resource would not be significantly impacted, hunters can shoot only birds that can be identified as roosters. In 1994 the opener was Oct. 8 and in 1999 it was Oct. 9, this occurred without serious concern about the birds being too young.”

The memo concludes: “As you can see next year (2003) the season will revert to the second Saturday in October. This will give time in which the impacts of this falls season (2002) can be evaluated to determine the course of action for the 2006 season, which is the next time an earlier season will occur.”

Rather than buttress the argument against an early opener, this memo makes clear 1) that the Governor sought to resolve outstanding concerns about an early opener and 2) that the Governor plans to evaluate the early opener. Bottom line: the plan as concluded is taking a conservative, trial approach to an earlier opener.

14. Dean Hildebrand Letter to the Editor -January 16, 2002 - Dean Hildebrand’s letter to the editor discusses the position of moving the opening season date. This letter, however, is somewhat contradictory to his earlier position in his March 5th fax. (Attachment N (100kb pdf))

To the contrary, Hildebrand’s letter does not contradict the March 5 fax, “somewhat” or otherwise. It clearly supports the current proposal, which was the alternative advanced in the March 5 fax.

15. Dean Hildebrand memo - January 30, 2002 - In this memo, Mr. Hildebrand talks about being confronted with the letter to Prairie Vista Bed and Breakfast and seems confused about when the actual decision was made to move the pheasant season and is asking for a meeting to clarify the picture. (Attachment O (27kb pdf))

Hildebrand’s understanding in this e-mail is correct: Governor Hoeven expressed his support for an earlier opener in March, but did not approve moving forward until October (see Oct. 5 e-mail) and then only after receiving the Game and Fish recommendation.

16. Finally, given concern that has been expressed about the early pheasant opener, the Governor and Game and Fish have proposed that the change include only one week this year, with no change occurring in the opening date for the next three years. Those three years, as was noted by Roger Rostvet in his January 9 memo, to evaluate fully the early opener with a clean slate, and with all interests fairly represented. All parties need to work together in a positive way for the mutual benefit of all North Dakotans. (Attachment M (87kb pdf))

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