Administrative Rule Review Report  #AR09-074

Legislative Service Office

30-Nov-09

AGENCY: Game and Fish Department.

DATE SUBMITTED: November 20, 2009.

SUBJECT: Chapter 14, Late Migratory Game Bird Hunting Seasons; and Chapter 61, Collection of Shed Antlers and Horns.

NATURE OF RULES:                     Legislative and procedural.

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

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 as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:

Chapter 14 sets hunting seasons and bag limits for late migratory game birds.  The rules were originally promulgated as emergency rules because the framework is dependant on passage of federal regulations each year.  Those federal regulations do not pass until very near the opening of the hunting seasons.   The rules remove the closure on the canvasback duck season, increase the bag limit on the scaup and pintails in the Pacific Flyway and increase the bag limit on wood ducks and scaup in the Central Flyway.

Chapter 61 is a new rule in response to 2009 Senate File 13 authorizing the department to regulate and control the collection of shed antlers and horns of big game animals for the purpose of minimizing the harassment or disturbance of big game populations on public lands west of the Continental Divide any time between January 1 and May 1 of each year.  The rules define collect as "to search for, locate, stockpile or possess shed antlers and horns of big game animals on public land" including attempts to do so.  The rules clarify that the prohibition on collection is between January 1, and April 30 of each year and is limited to federal lands and lands owned or administered by the commission west of the continental divide, excluding the continental divide basin.  The rules also state that the purpose of the regulation is to minimize the harassment or disturbance of big game animals on their winter and spring ranges when animals are most vulnerable to physiological stress and displacement to less productive habitats.

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/