Administrative Rule Review Report  #AR07-066

Legislative Service Office

21-Nov-07

AGENCY: Wyoming Game and Fish Department.

DATE SUBMITTED: November 20, 2007.

SUBJECT: Chapter 14, Late Migratory Game Bird Hunting Seasons; Chapter 42, Mountain Lion Hunting Season; Chapter 35, Disabled Hunter and Disabled Hunter Companion Permits; Chapter 38, Permits for Hunters With A Qualifying Disability to Shoot from a Vehicle & Permits to Use Leverage Gaining Devices on Crossbows; Chapter 44, Licenses, Permits, Stamps, Tags, Preference Points and Coupons.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:            W.S. 23-1-302(a) and (m) and 23-3-306(a).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:

SUMMARY OF RULES:

Chapter 14 adopts the emergency rules that were in place prior to this permanent rule.  The rule incorporates the federal regulations regarding hunting seasons and bag limits for migratory birds.

Chapter 35 provides for special regulations for disabled hunters and their companions.  The rules have been amended to reflect that limitations on shooting from a vehicle are contained in chapter 38.  The rules rearrange the reasons for revocation and denial of a permit to clarify what a disabled hunter is allowed or not allowed to do.  The rules are amended to allow for revocation of a permit when a person violates the game and fish laws while exercising his rights under the permit rather than for violation of any game and fish law at any time.  Finally, the rules provide for appeal of any permit denial to the department's chief fiscal officer.

Chapter 38 is amended to reflect a law passed in the 2006 legislative session that allows disabled hunters to use leverage gaining devices on crossbows.

Chapter 42 sets the hunting seasons and bag limits for mountain lion hunting.    The rules change the definition of mortality to include any human caused mountain lion death documented by the department.  This definition is used to determine when a hunting area should be closed for the season.

Chapter 44 has been amended to reflect new statutory prices for hunting and fishing licenses.  The rules are also amended to provide for the department's new internet point of sale system.  The rules amend the draw advantage of nonresidents holding preference points to apply only to the person's first choice selection.  The rules limit the number of licenses that may be obtained by a person for mountain lion to one in any calendar year.  Finally, the rules are amended to allow refunds for military personnel unable to use their licenses because they are assigned away from their home duty station for a majority of the regular season for which the license was issued.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent. 

A new rule letter was sent out on September 25, 2007.  No comments were received concerning the rules.

STAFF RECOMMENDATION:  That the rules be place on the Consent List and be approved by the Council as submitted by the Agency.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/