Administrative Rule Review Report  #AR09-046

Legislative Service Office

18-Aug-09

 

AGENCY:                                 Wyoming Game and Fish Department.

 

DATE SUBMITTED:                   August 13, 2009.

 

SUBJECT:                                 Chapter 4, Furbearing Animal Hunting or Trapping Seasons; Chapter 22, Watercraft Regulations; and Chapter 44, Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Coupons.

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 23-1-302, 23-2-303, 41-13-218

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:    Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO on May 27, 2009 as required by W.S. 28-9-103(d).  No comments have been received to date.

 

SUMMARY OF RULES:

 

Chapter 4-Furbearing animal hunting or trapping seasons:  The rules have been amended to reflect changes authorized by recent legislation.  The new rules define the terms "quick-kill body grip traps", "snare", "leghold trap" and "week".  The rules set standards for snares, snare capture loop sizes and mandatory check periods for snares and traps.

 

Chapter 22-Watercraft regulations: The rules are being amended to allow a person less than 16 years of age to operate a motorized watercraft if an adult is aboard the watercraft and is responsible for the operation of the watercraft.  The rules state what documentation is required for proof of ownership for temporary operation of a motorized watercraft during the first thirty days after a sale.  The rules include amphibious vehicles designed for travel over land and water with propeller or jet propulsion systems in the definition of watercraft.  The rules provide that a watercraft registration will only be issued to the name of the owner as it appears on the certificate of title, and transfer of ownership will require a copy of the certificate of title with a correct hull identification number.  Finally, the rules prohibit the operation of any motorized watercraft within 100 feet of any diver down flag indicating the presence of a person diving or snorkeling.

 

Chapter 44- Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Coupons:  The rules amend definitions to reflect current statutory language.  The rules reflect newly authorized reduced price bighorn sheep ewe/lamb licenses.  The rules are also amended to reflect the commission's authority to annually change the number of elk, deer and antelope licenses available to persons under age 21 with life threatening illnesses.

 

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.

 

 

 

                                                            _______________________

                                                            Lynda Cook

                                                            Staff Attorney

 

                                                            _______________________

                                                            Dan J. Pauli

                                                            Director

LGC/