Notice of Intent to Adopt Rules 7
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Notice of Intent to Adopt Rules 1. General Information a. Agency/Board Name See attached list for references b. Agency/Board Address c. Agency/Board City d. Agency/Board Zip Code e. Name of Contact Person f. Contact Telephone Number g. Contact Email Address h. Date of Public Notice: i. Comment Period Ends: j. Program(s) See attached list for references 2. Rule Type and Information a. Choose all that apply: New Rules* Amended Rules Repealed Rules * “New” rules means the first set of regular rules to be promulgated by the Agency after the Legislature adopted a new statutory provision or significantly amended an existing statute. If “New,” provide the Enrolled Act number and year enacted: b. Provide the Chapter Number, and Short Title of Each Chapter being Created/Amended/Repealed (if more than 5 chapters are being created/amended/repealed, please use the Additional Rule Information form and attach it to this certification) Chapter Number: Short Title: Chapter Number: Short Title: Chapter Number: Short Title: Chapter Number: Short Title: Chapter Number: Short Title: c. The Statement of Reasons is attached to this certification. d. N/A In consultation with the Attorney General’s Office, the Agency’s Attorney General representative concurs that strike and underscore is not required as the proposed amendments are pervasive (Section 5 of the Rules on Rules). e. A copy of the proposed rules* may be obtained: By contacting the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ * If Item “d” above is not checked, the proposed rules shall be in strike and underscore format. 1 3. Public Comments and Hearing Information a. A public hearing on the proposed rules has been scheduled. Yes No If “Yes:” Date: Time: City: Location: b. What is the manner in which interested person may present their views on the rulemaking action? By submitting written comments to the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ A public hearing will be held if requested by 25 persons, a government subdivision, or by an association having not less than 25 members. Requests for a public hearing may be submitted: To the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ c. Any person may urge the Agency not to adopt the rules and request the Agency to state its reasons for overruling the consideration urged against adoption. Requests for an agency response must be made prior to, or within thirty (30) days, after adoption of the rule, addressed to the Agency and Contact Person listed in Section 1 above. 4. Federal Law Requirements a. These rules are created/amended/repealed to comply with federal law or regulatory requirements. Yes No If “Yes:” Applicable Federal Law or Regulation Citation: Indicate one (1): The proposed rules meet, but do not exceed, minimum federal requirements. The proposed rules exceed minimum federal requirements. Any person wishing to object to the accuracy of any information provided by the Agency under this item should submit their objections prior to final adoption to: To the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ 5. State Statutory Requirements a. Indicate one (1): The proposed rule change MEETS minimum substantive statutory requirements. The proposed rule change EXCEEDS minimum substantive statutory requirements. Please provide a statement explaining the reason the rules exceeds the requirements: 6. Authorization a. I certify that the foregoing information is correct. Printed Name of Authorized Individual Title of Authorized Individual Date of Authorization Distribution List: Attorney General and LSO: Hard copy of Notice of Intent; Statement of Reasons; Clean copy of the rules; and Strike‐through and underline version of rules (if applicable). Secretary of State: Electronic version of Notice of Intent sent to [email protected] 2 STATEMENT OF REASON WYOMING GAME AND FISH COMMISSION W.S. § 23-1-302 directs and empowers the Commission to fix seasons and bag limits, open, shorten or close seasons on any species or sex of wildlife except predatory animals, predacious birds, protected animals and protected birds. W.S. § 23-2-107 empowers the Commission to promulgate reasonable rules and regulations regulating wild bison licenses and the management of wild bison. The Commission proposes to amend Wyoming Game and Fish Commission Regulations listed below to establish annual hunting seasons, limitations and bag limits. The 2012 big game harvest information is not available at the time these draft regulations are filed and made available for public comment. Any additional proposed changes to season dates, numbers and types of licenses and hunt area boundaries will be made available to the public for comment during all public meetings held around the state. Chapter 2, General Hunting Regulation Chapter 5, Antelope Hunting Seasons Chapter 6, Deer Hunting Seasons Chapter 7, Elk Hunting Seasons Chapter 8, Moose Hunting Seasons Chapter 9, Bighorn Sheep Hunting Seasons Chapter 11, Sage Grouse Hunting Seasons Chapter 12, Blue and Ruffed Grouse Hunting Seasons Chapter 13, Partridge Hunting Seasons Chapter 15, Wild Bison Recreational Hunting Season Chapter 17, Small Game Hunting Seasons Chapter 18, Pheasant Hunting Seasons Chapter 19, Sharp-Tailed Grouse Hunting Seasons Chapter 20, Wild Turkey Fall And Spring Hunting Seasons Chapter 24, Mountain Goat Hunting Seasons Chapter 39, Early Migratory Game Bird Hunting Seasons Chapter 48, Light Goose Conservation Order Chapter 2, Section 4. The Department is currently evaluating the number of doe/fawn licenses a person may apply for and receive for certain Hunt Areas. The 2012 harvest data is not available in time to identify exact changes for the draft 2013 deer and antelope hunting season regulations. Chapter 5, Section 3. Antelope Hunt Area 12 is being combined into a revised Hunt Area 11 boundary description and antelope Hunt Area 116 is being combined into a revised Hunt Area 79 boundary description. Chapter 6, Section 3. Antler point restrictions are being proposed for Deer Hunt Areas 61, 66, 70, 74, 75, 76 and 77. Other Deer Hunt Areas may be considered for antler point restrictions once applicable data is available. Deer Hunt Areas 78, 79, 80, 81, 83 and 161 are proposed to change from General License to Limited Quota hunting status. Deer Hunt Areas 44 and 45 are being combined into a revised Hunt Area 41 boundary description and Hunt Area 49 is being combined into a revised Hunt Area 47 boundary description. Non-resident deer license quotas are subject to change based upon the 2012 deer harvest survey. Chapter 7, Section 3. Several Elk Hunt Areas will incorporate a “spikes excluded” limitation during portions of their hunting seasons. Elk Hunt Area 116 is changing from Limited Quota to General License hunting status. Elk Hunt Area 55 is changing from General License to Limited Quota hunting status. Elk Hunt Area 42 is being combined into a revised Hunt Area 41 boundary description. Chapter 8, Section 3. Moose Hunt Area 44 is proposed to be closed during the 2013 hunting season. Moose Hunt Area 43 is being combined into a revised Moose Hunt Area 42 boundary description. Chapter 9, Section 3. Bighorn Sheep Hunt Areas 18, 21 and 24 will be closed for the 2013 hunting season. Bighorn Sheep Hunt Area 17 (Ferris-Seminoe) is being added for 2013. Chapter 39, Section 4. Harvest Information Program (HIP) permits shall only be available on the Department’s website. These permits had previously been available in printed format. Based on the Pacific Flyway harvest allocation for the Rocky Mountain Population of Sandhill Cranes, the available number of crane permits is reduced from 270 in 2012 to 180 in 2013. Chapter 48, Section 4. The proposed language will allow Light Goose Conservation Order Special Management Permits to be purchased on the Department’s website. Persons who obtain a Light Goose Conservation Order Special Management Permit may complete the mandatory harvest survey online except when the person does not have Internet access. For 2013, a paper survey will be mailed to persons who do not have Internet access. Hunt Areas and boundary descriptions may be modified, realigned or updated for clarity or management purposes. The realignment of some hunt area boundary lines may move a portion of a Hunt Area from limited quota to general license hunting, or general license to limited quota license hunting. Minor grammatical and formatting edits have also been incorporated in the above regulations that do not change the intent of these regulations. DRAFT 1-28-13.4 WYOMING GAME AND FISH COMMISSION CHAPTER 7 ELK HUNTING SEASONS Section 1. Authority. This regulation is promulgated by authority of W.S. §23-1-302, §23-1-703 and §23-2-104. Section 2. Hunting Seasons Established. There shall be open seasons during 20122013 and January, 2013, for the hunting of elk as set forth in this Chapter and in accordance with Chapter 2, General Hunting Regulation. Section 3. Regular Hunting Seasons. (a) Hunt areas, season dates and limitations. Hunt Dates of Seasons Area Type Opens Closes Limitations 1 1 Oct. 15 Nov. 30 Limited quota; 150 licenses any elk 4 Oct. 15 Nov. 30 Limited quota; 100 licenses antlerless elk 2 1 Oct. Oct. 31 Limited quota; 30 licenses any elk 2124 4 Oct. Oct. 31 Limited quota; 50 licenses antlerless elk 2124 3 Sep. 15 Jan. 31 General license; any elk valid in that portion of Area 3 south of U.S. Highway 26 1 Sep. 15 Oct. 14 Limited quota; 75 licenses any elk 4 Sep. 15 Oct. 14 Limited quota; 50 licenses antlerless elk 6 Sep.