Administrative Rule Review Report  #AR10-082

Legislative Service Office

6-Dec-10

 

AGENCY:                                         Game and Fish Department.

 

DATE SUBMITTED:                         November 24, 2010.

 

SUBJECT:                                         Chapter 14, Late Migratory Game Bird Hunting Seasons; Chapter 10,  Importation, Possession, Confinement, Transportation, Sale and Disposition of Live Wildlife; and Chapter 33, Issuance of Scientific Research, Educational, or Special Purpose Permits.

 

NATURE OF RULES:                        Legislative and Procedural

 

STATUTORY AUTHORITY:            W.S. 23-1-302

 

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

 

SUMMARY OF RULES:

 

Chapter 10 provides rules for importation, possession, confinement, transportation, sale and disposition of live wildlife.  The rules have been amended to prohibit the importation of Asian clams, quagga mussels and various species of carp.  Taxonomic references for certain species have been updated.

 

Chapter 14 sets seasons and bag limits for late migratory game bird hunting seasons.  The Bump-Sullivan managed goose hunt has been reinstated in these rules.

 

Chapter 33 governs the issuance of scientific research, educational and special purpose wildlife collection permits.  Substantive changes to the rules include requiring applicants to describe methods of euthanasia to be used and requiring a description of the final disposition of any wildlife or wildlife parts taken into possession pursuant to a Chapter 33 permit.  The rules provide that the department may specify appropriate best management practices for housing, care and handling of wildlife under the permit.

 

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/