Administrative Rule Review Report  #AR08-037

Legislative Service Office

1-May-08

AGENCY: Game and Fish Department.

DATE SUBMITTED: April 29, 2008.

SUBJECT: Chapters 2, 5-9, 11-13, 15, 17-20, 24  & 39, Hunting Seasons; Chapter 41, Bison Designated as Wildlife and Chapter 48, Light Goose Conservation Order.

NATURE OF RULES:                     Legislative.

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:       The rules set the hunting seasons and bag limits for the 2007-2008 hunting seasons for antelope, deer, elk, moose, bighorn sheep, sage grouse, blue and ruffed grouse, partridge, wild bison, small game, pheasant, sharp-tailed grouse, wild turkey, mountain goat, early migratory game birds and light goose.  The rules provide some consistency throughout the bird hunting seasons in prohibiting the possession of shells containing other than nontoxic shot on the Springer and Table Mountain Wildlife Habitat Management areas and on national wildlife refuges.  The rules also provide a savings clause to each of the chapters in order to ensure that invalidation of any one provision in each chapter does not affect the validity of any other provision.

In Chapter 2, General Hunting regulations, the rules define artificial light, which may not be used to aid in hunting as any man-made light or lighting device which projects a light visible to the unaided eye outside the device or any battery-powered device which enhances an image within the device or provides an enhanced ability to see in the dark.  The rules provide for purchase of a second full price deer license if the second license is a limited quota Type 3 white-tailed deer license in a specified area.  The rules expand the areas where a second white-tailed deer license is available and limit the areas where a second antelope license will be available.

Chapter 15, Wild Bison recreational hunting seasons, provides for the department to grant a limited number of National Elk Refuge permits which are valid for specified dates.

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 Commission.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director

LGC/