Administrative Rule Review Report  #AR07-042

Legislative Service Office

27-Jul-07

 

AGENCY:                                       Wyoming Game and Fish Department.

 

DATE SUBMITTED:                     July 23, 2007.

 

SUBJECT:                                       Chapter 1, Public Access to Documents; Chapter 22, Watercraft; Chapter 31, Authorized Selling Agents; Chapter 42, Mountain Lion Hunting Seasons; Chapter 44, Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Coupons; and Chapter 46, Fishing Regulations.

 

NATURE OF RULES:                   Legislative and procedural.

 

STATUTORY AUTHORITY:        W.S. 23-1-302 and 41-13-218.

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:

 

SUMMARY OF RULES:

 

Chapter 1 provides regulations governing access to agency records.  The rules are being amended to clarify that copies of previously issued licenses which are no longer valid are a special request subject to a specified fee.  The rules provide that the department may be unable to process a request for records within 48 hours although they will make every effort to accommodate limited time and emergency requests.  The rules are amended to further define non fee requests as requests for general information of five pages or less, previously published reports and electronic data which takes less than 30 minutes to prepare.  The rules define information requests as records or information that are not readily available to the public.  The rules define special requests, subject to a fee, as a request that includes a compilation of data or records which are not routinely compiled or kept at the same level of detail or format.  The rules set out a fee structure for special requests and require a retainer to be paid in advance of processing those special requests which are estimated to exceed $10.00.   Finally, the rules clarify that the rules shall not be interpreted as requiring any fee be paid for mere examination of records.

 

Chapter 22 governs the regulation of watercraft.  The amendments to these rules provide that no person shall operate a watercraft underway with any child 12 years or younger aboard unless each child is wearing a U.S. Coast Guard approved personal flotation device or is riding in an enclosed cabin.

 

Chapter 31 governs the regulation of authorized selling agents.   The rules provide that the annual bond collected on selling agents may only be used for the recovery of outstanding account balances on closed accounts that have been determined uncollectible by the attorney general's office.  They further provide that the selling agent shall witness the resident license purchaser's signature before applying their own signature to the license.  Under the amendments, a license selling agent may be cancelled for failure to properly witness residency oaths. The rules provide for issuance of licenses through a point of sale system using an authorized application form bearing required signatures.  The rules specify that only selling agents who reside in Wyoming may administer residency oaths required on resident licenses.  The rules provide for payment by license selling agents to the department for sales of licenses within ten days of the close of each month.  The issuance of duplicate licenses provisions are amended by requiring verification by the selling agent that the original license was sold at their business and requiring attachment of the affidavit to the pink copy record or mailing the affidavit to the department if the license is issued through the point of sale system.  The rules extend the amount of time to approve a license selling agent application to ninety days. 

 

Chapter 42 governs mountain lion hunting seasons.  The rules set the seasons and bag limits for various hunting areas throughout the state for the coming year.

 

Chapter 44 governs the general regulations for issuance of licenses, permits, stamps, tags, preference points and coupons.   Amendments to these rules include clarification of the definition of a duplicate license and clarification of the residency oath process that is consistent throughout the department's rules. The rules define an electronic signature to include use of any technology that is in compliance with the State of Wyoming's Electronic Signature Rules promulgated by the state's chief information officer.  The rules provide that a selling agent may neither sell nor allocate reduced price cow/calf or doe/fawn licenses prior to August 15th.  The rules create a distinction between a duplicate license, which replaces a lost or stolen license, and a replacement license, which does not include a carcass coupon and provide a fee for replacement licenses.  The rules are amended to provide that no landowner licenses will be issued if hunting with a general license is allowed in the area at any time during the hunting season unless the general license is valid for antlerless deer or elk only.  The rules provide for an extension in accepting applications if the new online application service is down on the specified closing date.   The rules clarify that a nonresident who becomes a resident may retain preference points earned as a nonresident in the same manner as a resident applicant.  They further provide that individuals who have drawn their first choice license in the initial draw are prohibited from purchasing or receiving a preference point in the same calendar year for the same species.   With respect to withdrawal of an application before a drawing, the rules do not allow for withdrawal from the wild bison priority listing draw.  The rules are amended to now provide a process for requesting a modification of a license application prior to a draw date.  Finally, with respect to refunds of license fees, the rules provide for a refund if the licensee dies prior to the opening of the regular season or at a time that results in the deceased not being able to participate in the majority of the regular season.  To qualify for a refund based on the death of a licensee's spouse, parent, grandparent, lineal descendant or his spouse, step-parent, step-sibling, step-children or specified in-laws, the death shall have occurred during the regular season resulting in the licensee not being able to participate in the majority of the regular season.  To qualify for a refund for military personnel who are assigned away from their home duty state on temporary orders, the assignment must be for the majority of the regular season.

 

Chapter 46 governs the regulation of fishing and is renewed biannually.  The rules provide new definitions for lake and stream.  The definition of possession limit is amended to mean the maximum number of fish that may legally be in possession at any time and in any form and includes those in possession in transit or in storage, including in the home or domicile.  The rules set new creel limits in various drainages and create a combined trout category and a separate brook trout category.  The rules were amended to standardize area specific regulations and minimize exceptions on individual waters.

 

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/