Administrative Rule Review Report  #AR09-023

Legislative Service Office

28-Apr-09

AGENCY: Game and Fish Department.

DATE SUBMITTED: April 28, 2009.

SUBJECT: Chapters 2, 5-9, 11-13, 15, 17-20, 24, 39, Hunting Seasons; and Chapter 48, Light Goose Conservation Order.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 23-1-302(a)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED

BY THE AGENCY TO LSO:    Apparently complete to date.

SUMMARY OF RULES: 

The rules set seasons and bag limits for 2009 for antelope, deer, elk, moose, bighorn sheep, sage grouse, blue and roughed grouse, partridge, bison, small game, pheasant, sharp-tailed grouse, wild turkey, mountain goat, early migratory game birds and light goose.

The rules redefine artificial light to include devices that provide an enhanced ability to see in the dark while clarifying that they do not include devices which provide an enhanced image of the animal within the device.  The rules extend chronic wasting disease monitoring and restrictions on transportation of carcasses from chronic wasting disease areas to moose in addition to deer and elk.  Finally, the rules clarify which bison calves may be harvested under a bison cow/calf license by including a definition of bison calf in Chapter 15.

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

STAFF RECOMMENDATION:  That the rules be placed 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/