Administrative Rule Review Report #AR08-065
Legislative Service Office
08-Aug-08
AGENCY: Wyoming Game and Fish Department.
DATE SUBMITTED: August 6, 2008.
SUBJECT: Chapter 4, Furbearing Animal Trapping Seasons; Chapter 26, Regulation Governing Hunter Safety; Chapter 29, Issuance and Sale of Wyoming Interstate Game Tags; Chapter 36, Taxidermists; Chapter 42, Mountain Lion Hunting Seasons; and Chapter 44, Regulation for Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Coupons.
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. Chapter 26, Regulation Governing Hunter Safety contains new rules in response to legislation passed in the 2008 Legislative session. The rules were marked as new rules by the department but the LSO failed to send notice of new rules to the sponsor and the Travel, Recreation, Wildlife and Cultural Resources Interim Committee as required by W.S. 28-9-103(d). The sponsor and committee have been made aware of the rules at this time. Other chapters are marked by the department as new rules but are not in response to recent legislation so are not covered by W.S. 28-9-103(d).
SUMMARY OF RULES:
Chapter 4, Furbearing Animal Hunting and Trapping Seasons: The rules set forth the furbearing animal hunting and trapping seasons and rename the chapter to specify that hunting seasons for these animals are included in this chapter. The rules clarify that bobcats may be hunted with firearms.
Chapter 26, Regulation Governing Hunter Safety: The rules modify the existing hunter safety rules to accommodate the hunter/mentor program enacted in the 2008 legislative session. The program allows a mentor to accompany a person who has not completed a hunter safety course after receiving authorization from the department. The rules provide that the mentor must directly supervise the mentored person and be within sight and voice contact while in the field.
Chapter 26 also modifies the requirements for hunter safety instructors by providing that the instructor must assist a certified instructor prior to certification, then attend a new instructor training course within two years of certification. The rules provide that the certification process may include a criminal/child abuse history check of the applicant. The rules provide that an applicant may be denied or a certification revoked for conviction of a misdemeanor domestic violence offense. The rules change the requirements of a hunter safety course to include instruction in outdoor safety rather than survival and first aid. Finally, the rules increase the amount an instructor may charge for a hunter safety course to ten dollars.
Chapter 29, Issuance and Sale of Wyoming Interstate Game Tags: The rules are amended to provide that invoice forms for game tags may be approved by the regional wildlife supervisor. The rules require that all forms be properly completed and define what that entails. The rules set forth reasons for revocation or suspension of a game tag distributor's authority to sell game tags.
Chapter 36, Regulation Governing Taxidermists: The rules clarify that a taxidermist requiring a license does not include persons cleaning wildlife skulls for European mounts or antler plaques. The rules are amended to require photographic documentation of inventory at the time of licensure and provide for incorporation of an interstate game tag affidavit to comply with record keeping requirements.
Chapter 42, Mountain Lion Hunting Seasons: The rules have been amended to reflect current mountain lion hunting areas and quotas and language has been included to clarify that mountain lions may only be taken by the use of legal firearms or archery equipment.
Chapter 44, Regulation for the Issuance of Licenses, Permits, Stamps, Tags, Preference Points and Coupons: The rules have been amended to clarify what information is required on an application for a hunting license. The rules clarify that affidavits for original licenses issued through department's internet point of sale system do not require the signature of the agent who originally sold the license when a duplicate license is applied for. The rules provide that gray wolf licenses will not be limited in number and will be issued as over-the-counter licenses at designated selling agents throughout the state. Certain license fees have been increased to reflect fee increases authorized in earlier legislation. The rules are also amended to clarify that no more than two elk may be taken by any individual in any given year under all licenses held.
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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Dan Pauli
Director
LGC/