Administrative Rule Review Report  #AR10-025

Legislative Service Office

3-May-10

 

AGENCY:                                 Game and Fish Department.

 

DATE SUBMITTED:                   April 28, 2010.

 

SUBJECT:                                 Chapters 2,5-9, 11-13, 15, 17-20, 24 and 39, Hunting Seasons and Chapter 49, Light Goose Conservation Order.

 

NATURE OF RULES:                     Legislative and procedural.

 

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

 

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 2010 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.

 

New to the rules this year are definitions of "ewe", "lamb" and "ram" used in conjunction with bighorn sheep licenses.  The rules also change the definition of "public road or highway".  Previously the term was defined to include the road surface, borrow pits and shoulders of unfenced highways.  These rules change the definition to include an area thirty feet perpendicular to the edge of the road surface on unfenced roads.  The term "public road or highway" is used, but not defined in the Game and Fish statutes (Title 23).

 

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

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director

LGC/