Administrative Rule Review Report  #AR11-020

Legislative Service Office

10-May-11

 

AGENCY:                                 Game and Fish Department.

 

DATE SUBMITTED:                   May 2, 2011.

 

SUBJECT:                                 Chapters 2, 5 through  9,  11, 12, 13, 15, 17, 18, 19, 20, 24, 39, Hunting Seasons; and Chapter 48, Light Goose Conservation Order.

 

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:  The rules set seasons and bag limits for 2011 for antelope, deer, elk, moose, bighorn sheep, sage grouse, blue and ruffed grouse, partridge, bison, small game, pheasant, sharp-tailed grouse, wild turkey, mountain goat, early migratory game birds and light goose.

 

General changes to the rules provide for allowing persons with disabilities authorization to hunt elk, deer or antelope five days prior to the earliest opening date in the area where the license is valid.  Additionally, youth hunters who possess a full price youth deer or elk license may take any deer or elk during an antlered deer or elk season.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.  It should be noted that the Agency has general statutory authority to "To fix season and bag limits, open, shorten or close seasons including providing for season extensions for hunters with disabilities as established by commission rules and regulation, on any species or sex of wildlife for any type of legal weapon, except predatory animals, predacious birds, protected animals, and protected birds, in any specified locality of Wyoming, and to give notice thereof". W.S. 23-1-302(a)(i).  This general authority includes a specific authority to make special season provisions for hunters with disabilities but does not specifically provide for special seasons or license provisions for youth licenses.  However, W.S. 23-1-103 provides "It is the purpose of this act and the policy of the state to provide an adequate and flexible system for control, propagation, management, protection and regulation of all Wyoming wildlife.".  While special provisions for youth licenses likely are within the authority to create a flexible system of management, it would be advisable for purposes of consistency for the agency to ask the legislature for specific statutory authorization to issue youth licenses with special provisions.

 


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

 

                                                            _______________________

                                                            Dan Pauli

                                                            Director

LGC/