Arkansas Register
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r Print Form:· .. , ARKANSAS REGISTER Transmittal Sheet * Use only for FINAL and EMERGENCY RULES Secretary ofState Mark Martin State Capitol. Suite 026 Little Rock, Arkansas 72201-1094 (501) 682-3527 www.sos.arkansas.gov For Office Use Only: Effective Date Code Number Arkansas Game and Fish Commission Nameo fA gency _____________________________________________________________________ Legal Bureau James F. Goodhart E '[email protected] Ph 501)223-6327 Con t ac t ______________________ -mal _______________ one_________ Statutory Authonty. for Promulgatmg. Rules _____________________Amendment 35 ___ Proposed 2011-2012 Late Waterfowl Codes Approval Rule Title: _______________________________ Intended Effective Date Date (a-tOne) D Emergency (ACA 25-15-204) Legal Notice Published ................. ,." ....... Ju110,2011 Aug 5,2011 I2S1 30 Days After Filing (ACA 25-15-204) Final Date for Public Comment .................... D Other -=::---:---~---=-:-:----c:--:=--::--: Reviewed by Legislatice Council .................... (Must be more than 30 days after filing date.) Aug 11,2011 Adopted by State Agency .......................... Electronic Copy of Rule e-mailed from: ~CQh~ .~~ CERTIFICATION OF AUTHORIZED OFFICER 54Jw}4lt:./ I Hereby Certify That The AttacheiRul~§ "!.!1fe Adopted In,t=ompliance with the Arkansas Administrativ~cr. rAtA 25-15-201 et. seq.) .. ~6&d .. Signature [email protected] E-mail Address General Counsel Revised 7/l011 to re!le<tnew legislation passed III 2011. ITEM No. V (a) Arkansas Game and Fish Commission Little Rock, Arkansas '0 MINUTE ORDER No: 11-87 SUBJECT: Proposed 2011-2012 Late DATE PASSED: August 11, 2011 Waterfowl Codes Approval PAGE 1 of 1 PAGES LOCATION: Statewide WHEREAS, at meetings on July 13-14, 2011, the AGFC reviewed and discussed proposals for hunting regulations for the 2011-2012 Late Migratory Bird Hunting Seasons, including game seasons, bag limits and taking of game requirements for late migratory birds; and WHEREAS, the Wildlife Management Bureau has been involved in drafting the proposed regulations, which, in turn, have been reviewed and considered by the Commission's Regulations Committee; and WHEREAS, after carefully considering the recommendations of Commission staff, as well as comments received from the public, the Regulations Committee voted to approve the option recommended specified in the attached document "2011-2012 Late Migratory Bird CodesD for statewide application; and WHEREAS, the proposed regulations have been communicated through a variety of media avenues to sportsmen and the general public throughout the state for review and comment; and WHEREAS, the various sections ofthe AGFC Code Book affected by the adoption of these regulations must be replaced or amended, and then legally certified by the Secretary of State, the Arkansas State Library and the Bureau of Legislative Research in accordance with applicable law. Now, THEREFORE, BE IT ORDERED, this 11th day of August 2011, that the Arkansas Game and Fish Commission hereby approves and adopts the attached hunting regulations, which shall become effective immediately for the 2011-2012 hunting license year. BE IT FURTHER ORDERED that the Commission staff is authorized to proceed with making the appropriate AGFC Code Book revisions and legal certification. STAFF ApPROVAL Submitted by: Division: Approved: Approved: Approved: FINANCIAL I ECONOMIC IMPACT STATEMENT PLEASE ANSWER ALL QUESTIONS COMPLETELY (Attach additional pages if needed). DEPARTMENT: Arkansas Game and Fish Commission . BUREAU: Wildlife Management PERSON COMPLETING THIS STATEMENT: David Goad TELEPHONE #: 501-223-6362 FAX #: 501-223-6452 EMAIL: [email protected] SHORT TITLE OF THIS RULE: Proposed 2011-2012 Late Migratory Bird Codes Approval 1. Does this proposed, amended, or repealed rule or regulation have a financial impact? Yes: X No: 2. Do you believe that the development of a financial impact statement is so speculative as to be cost prohibitive? Yes: No: X If "Yes", please explain: 3. If the purpose of this rule is to implement a federal rule or regulation, please give the incremental cost for implementing the regulation. Please indicate if the cost provided is the cost of the program. Current Fiscal Year Next Fiscal Year General Revenue $ 576,300 General Revenue $ N/A Federal Funds $ 923,700 Federal Funds $ N/A Cash Funds $ N/A Cash Funds $ N/A Special Revenue $ N/A Special Revenue $ N/A Other (Identify) $ N/A Other (Identify) $ N/A Total $ 1,500,000 Total $ N/A 4 What is the total estimated cost by fiscal year to any party subject to the proposed, amended, or repealed rule? (Estimated cost includes fees, administrative penalties, reporting, record keeping, equipment, construction, labor, professional services, revenue loss, or other costs associated with compliance.) Identify the party subject to the proposed rule, and explain how they are impacted. Current Fiscal Year: $ 47 Next Fiscal Year: $ N/A Party Subject to Rule: Migratory Bird Hunters Effect on Party Subject to Rule: Cost of license and stamps - ~ ~ - - .~ 5. What is the total estimated cost by fiscal year to the agency to implement this rule? Explain the financial benefit to the agency from implementing this rule. Current Fiscal Year: $N/A Next Fiscal Year: $ N/A Financial Benefit to Agency: N/A 6. Do alternative means exist for accomplishing the objectives of the rules that might be less burdensome to small business? Yes: No: X Why were such alternatives not proposed: N/A ~ 7. Compare this rule with federal and state counterparts: N/A Propo d 2011 2012 L t M' • t B' d C d A oval Proposed Changes· Red Ink Proposed Calendar Adjustments - Orange Ink Code Clarifications - Blue Ink Option 1 12.15 DUCK, COOT AND MERGANSER SEASON RESTRICTIONS. It 08-11 shall be unlawful to take or attempt to take ducks or coots other than, Dec. 7, 2010 Jan. 17. 2011 Jan. 22 Jan. 30. 2011 Nov. 19-27. Dec. 8-23 and Dec. 26, 2011-Jan. 29, 2012. EXCEPTION: (1) Ducks, coots and mergansers may be taken during the Special Youth Waterfowl Hunt Code 12.27. PENALTV: $200.00 to $1,000.00. Option 2 12.15 DUCK, COOT AND MERGANSER SEASON RESTRICTIONS. It 08-11 shall be unlawful to take or attempt to take ducks or coots other than, NOli. 20 28 Dec. 7, 2010 Jan. 17, 2011 and Jan. 22 Jan. 30, 2011 Nov. 24-Dec. 4, Dec. 10-23 and Dec. 26, 2011-Jan. 29, 2012. EXCEPTION: (1) Ducks, coots and mergansers may be taken during the Special Youth Waterfowl Hunt Code 12.27. PENALTV: $200.00 to $1,000.00. Option 3 12.15 DUCK, COOT AND MERGANSER SEASON RESTRICTIONS. It 08-11 shall be unlawful to take or attempt to take ducks or coots other than Nov. 19-27, Dec. 6, 2011-Jan. 16,2012 and Jan. 21-29, 2012. EXCEPTION: (1) Ducks, coots and mergansers may be taken during the Special Youth Waterfowl Hunt Code 12.27. PENALTV: $200.00 to $1,000.00. 12.18 WHITE-FRONTED GOOSE SEASON RESTRICTIONS. It shall be 08-11 unlawful to take or attempt to take White-fronted geese other than from Nov. 19. 2011·Jan. 29,2012 statewide. PENALTV: $200.00 to $1,000.00. 12.20 SNOW, BLUE, ROSS' GOOSE SEASON RESTRICTIONS. It shall be 08-11 unlawful to take or attempt to take Snow, Blue and Ross' geese other than 'from Nov. 5-, 2011-Jan. 29. 2012 statewide. ~ EXCEPTION: (1) In compliance with Code 12.29. PENALTV: $200.00 to $1,000.00. 12.22 CANADA GOOSE SEASON RESTRICTIONS. It is unlawful to 08~11 take or attempt to take Canada geese other than from the zones and dates listed below: Early Canada Goose Statewide Season: Sept. 1-15, 2011 Northwest Canada Goose Zone Season: Sept. 24-0ct. 3, 2011 Late Canada Goose Statewide Season: Nov. 19,2011-Jan.29,2012 Shooting hours are from one-half hour before sunrise to sunset in all seasons. EXCEPTION: (1) Holla Bend National Wildlife Refuge is closed. PENALTV: $200.00 to $1,000.00. 12.25 FALCONRY SEASON RESTRICTIONS. It shall be unlawful to take 08-11 or attempt to take migratory birds with raptors other than during the regular migratory bird seasons except as follows for Ducks, Coots and Mergansers: February 1-15. 2012, statewide. PENALTV: $100.00 to $1,000.00. 12.27 SPECIAL YOUTH WATERFOWL HUNT RESTRICTIONS. It shall 08-11 be unlawful for anyone other than youths, 15 years of age or younger, to hunt ducks, in season geese, mergansers and coots during the special youth waterfowl hunt on Feb. 4-5, 2012, statewide. Youths who have completed a hunter education course must be ' accompanied by an adult mentor who is 18 years of age or older. Youths who have not completed a hunter education course must be under the direct supervision of an adult mentor who is 21 years of age or older. Mentors may not hunt ducks, geese, mergansers or coots but may, if properly licensed, hunt other game in season. Shooting hours and bag limits are the same as the regular waterfowl season. PENALTV: $100.00 to $1,000.00. 12.29 SNOW, BLUE AND ROSS' GOOSE CONSERVATION ORDER 08~11 RESTRICTIONS. It shall be unlawful to take or attempt to take Snow, Blue and Ross' geese Jan. 30-Feb. 3 and Feb. 6-April 25. 2012, statewide without the following: (A) A free Snow Goose Registration Permit number. (B) A valid hunting license from any state or province. PENALTV: $100.00 to $1 ,ooo.oa. . 20.12 SEASON RESTRICTIONS ON CAMP ROBINSON SUA. It is 08-11 . unlawful to take, attempt to take or possess, dove, rabbit,. squirrel, quail and waterfowl on Camp Robinson SUA. EXCEPTIONS: (1) Dove hunting as permitted under Commission Code 24.05. (2) Squirrel hunting as permitted under Commission Code 24.04. , (3) Possession of waterfowl is allowed during open season while accessing Dix Creek Bay or Pierce Creek Bay on Craig D.