Administrative Rule Review Report  #AR10-055

Legislative Service Office

10-Aug-10

AGENCY: Game and Fish Department.

DATE SUBMITTED: August 4, 2010.

SUBJECT: Chapter 27, Contested Cases Before the Wyoming Game and Fish Commission; Chapter 42, Mountain Lion Hunting Seasons; and Chapter 44, Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Coupons.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 23-1-303.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:

Chapter 27 provides procedures for contested case hearings before the commission.  Several sections concerning pleadings have been deleted so as not to conflict with Wyoming Rules of Civil Procedure.

Chapter 42 sets seasons and bag limits for mountain lion hunting.  The rules have been amended to allow for a reduced price mountain lion license, require additional information when reporting kills and to adjust hunt areas and seasons.

Chapter 44 provides general requirements for the issuance of hunting and fishing licenses and permits.  Major changes to the rules are as follows:

-     The rules require use of a social security number on license applications as required under federal law.  The department has been issued a waiver on this requirement in previous years, but the federal waiver has expired. 

-     The rules provide for issuance of additional reduced price mountain lion licenses, and allow a person to purchase both a full price and a reduced price license. 

-     The rules repeal the process of contacting alternating residents and nonresidents on the wild bison priority list in favor of allocating 80% to residents and 20% to nonresidents. 

-     The rules require entities issuing special limited fishing permits to annually report the number of licenses issued to the department.

-           The rules are amended to clarify that only one landowner license per species will be issued to a landowner applicant regardless of the number of landholdings in which the applicant has an interest.

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/