ACTION: Original DATE: 02/03/2004 1:13 PM

Rule Summary and Fiscal Analysis (Part A)

Department Of Natural Resources Agency Name

Division Of Wildlife Mindy Bankey Division Contact

1930 Belcher Drive Bldg. D-3 Columbus OH 614-265-6836 43224-1387 Agency Mailing Address (Plus Zip) Phone Fax

1501:31-15-04 AMENDMENT Rule Number TYPE of rule filing

Rule Title/Tag Line State-owned or administered lands designated as public hunting areas.

RULE SUMMARY

1. Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2. Are you proposing this rule as a result of recent legislation? No

3. Statute prescribing the procedure in 4. Statute(s) authorizing agency to accordance with the agency is required adopt the rule: 1531.08 to adopt the rule: 119.03 5. Statute(s) the rule, as filed, amplifies or implements: 1531.08

6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule regulates the state-owned or administered lands designated as public hunting areas.

7. If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Paragraph (A) has been amended and the and numbers "1234" have been deleted

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and the words and numbers "1, 2, 3, 4,", "Bayshore fishing access" and "Muskingum watershed conservancy district" have been added. Paragraph (B) has been amended and the words "(D), (E), and (F)" have been deleted and the word "and" has been added. Paragraph (B)(1) has been amended and the words "primitive weapons" have been deleted and the words "muzzleloading rifles and shotguns" have been added. Paragraph (B)(2) has been amended and the following words have been deleted: Public hunting areas administered by the division of parks and recreation wherein all legal game may be hunted and furbearing animals may be trapped: state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. , except that portion indicated as closed to hunting and trapping on the official map on file with the chief of the division of parks and recreation. only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Kelleys Island state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Lake Alma state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. , except that portion known as Crawford island, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Grand lake St. Marys state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. , only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. , only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Great Seal state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. , only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Deer creek state park, only in accordance with the specifications on the official map Page 3 Rule Number: 1501:31-15-04

on file with the chief of the division of parks and recreation. Lake Milton state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Indian lake state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Jefferson lake state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Pymatuning lake state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Rocky Fork state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. state park Scioto Trail state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Van Buren state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Paragraph (B)(2) has been amended and the following words have been added: It shall be lawful to hunt game birds, game quadrupeds and fur bearing animals, and trap furbearing animals in the division of parks and recreation areas named in this rule when done in accordance to the official hunting maps for the parks listed. Official hunting maps indicate those areas of the park open and closed to hunting and trapping and any restrictions on hunting or trapping in those areas. The official copies of the maps are filed with the chief of the division of parks and recreation. At least thirty days prior to the effective date copies of the maps are posted in accordance with the Administrative Code and filed at the respective parks and recreation area headquarters office. Parks that have areas open to hunting and trapping: A.W. Marion state park Page 4 Rule Number: 1501:31-15-04

Barkcamp state park state park Burr Oak state park Crane Creek state park Deer Creek state park state park Dillon state park East Fork state park Findley state park Grand lake St. Marys state park Great Seal state park Guilford lake state park state park Hueston Woods state park Indian lake state park Jackson lake state park Jefferson lake state park Page 5 Rule Number: 1501:31-15-04

Kelleys Island state park Lake Alma state park Lake Logan state park Lake Loramie state park Lake Milton state park Madison lake state park Malabar state park Maumee Bay state park Mosquito state park Mary Jane Thurston state park Pymatuning state park Rocky Fork state park Scioto Trail state park Shawnee state park Stonelick state park Sycamore state park Tar Hollow state park Page 6 Rule Number: 1501:31-15-04

Van Buren state park Paragraph (C) has been deleted which included the following words: It shall be lawful to hunt game birds, game quadrupeds, and furbearing animals and trap furbearing animals in the areas named in this paragraph, except that it shall be unlawful for any person to so hunt or trap before the fifteenth of October each year or after the first of March of the following year. To augment and clarify some area descriptions, official maps are used to indicate certain areas open or closed to hunting and trapping. The official copies of such maps are filed with the chief of the division of parks and recreation. A copy of each map is also filed at the respective area headquarters office. *Dillon state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. **Forked Run state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Findley state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Geneva state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. A. W. Marion state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Beaver creek state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Cowan lake state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Strouds Run state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Salt Fork state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Sycamore state park, only in accordance with the specifications on the official map Page 7 Rule Number: 1501:31-15-04

on file with the chief of the division of parks and recreation. *Caesar creek state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Mosquito creek state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. *Buck creek state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Mary Jane Thurston state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Paint creek state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. West branch state park, only in accordance with the specifications on the official map on file with the chief of the division of parks and recreation. Wolf Run state park, only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Paragraph (D) has been deleted which included the following words: It shall be lawful to hunt deer on the , in accordance with the specifications on the map entitled "Official Map of the Hunting Area at Delaware State Park, August, 1989," with crossbow and longbow and arrows during the deer seasons for crossbow and longbow and arrows as prescribed in rule 1501:31-15-11 of the Administrative Code that occur between the first day of October to the last day of crossbow and longbow and arrows seasons. Paragraph (E) has been deleted which included the following words: Turkey hunting will be permitted on any state parks listed in this paragraph even though all other hunting is prohibited on the area after the first of March each year. Burr Oak state park, except that portion indicated as closed to hunting and trapping on the official map on file with the chief of the division of parks and recreation. Shawnee state park Tar Hollow state park Beaver creek state park Alum creek state park Paragraph (F) has been deleted which included the following words: Page 8 Rule Number: 1501:31-15-04

It shall be lawful to hunt only migratory game birds, or trap furbearing animals, upon which there is an open season, in or on the waters, the shoreline or the immediate vicinity thereof, at the areas named in this paragraph, except that it shall be unlawful for any person to so hunt on such areas prior to the fifteenth of October each year or after the first of March of the following year. Pymatuning state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. * only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. *East Harbor state park only in accordance with the specifications of the official map on file with the chief of the division of parks and recreation. Madison lake state park Kiser lake state park Delaware state park *Nimisila reservoir at Long lake and Portage lakes state park (1) In addition to the above provisions in this rule, when the rules in the Administrative Code then in effect provide for the hunting of teal prior to the fifteenth of October each year, then it shall be lawful to hunt teal prior to the fifteenth of October at those areas in this rule indicated with an asterisk (*) or turkeys on those areas marked with two asterisks (**). (2) It shall be unlawful to hunt or take quail, pheasants, deer, or rabbits at any time on the state areas listed in paragraph (F) of this rule. Paragraph (G) has been amended and the words "Crane creek state park except for migratory game birds by special permit issued by the division of wildlife", "Guilford lake state park", "", "Jackson lake state park", "John Bryan state park", "Lake Hope state park", "Mt. Gilead state park", "Portage lakes state park where trapping is permitted except as Provided in paragraph (F) of this rule" and "Punderson state park except that the shoreline of Stump lake, Emerald lake, Pine lake, Punderson lake, and the golf course ponds are open to trapping" have been deleted. Paragraph (H) has been deleted which included the following words: It shall be lawful to hunt geese on the following state park lands in September at such dates, times and areas indicated on the official early goose hunting map for each park. Buck creek state park Page 9 Rule Number: 1501:31-15-04

Burr Oak state park Caesar creek state park Cowan lake state park Deer creek state park Delaware state park Geneva state park Grand lake St. Marys state park Guilford lake state park Hueston Woods state park Indian lake state park Kiser lake state park Lake Alma state park Lake Hope state park Lake Logan state park Lake Laramie state park Mosquito creek state park Mount Gilead state park Punderson state park Pymatuning state park Rocky Fork state park Salt Fork state park Tar Hollow state park West Branch state park Wolf Run state park Paragraph (K) has been amended and the words "following properties owned or Page 10 Rule Number: 1501:31-15-04

under the control of the division of wildlife shall be designated as special use areas whereby the" and "Clear Fork, Brothers, Buckeye lake canal, Caesar creek lake, Castalia hatchery, Crown City, Dry Creek, Flatrock, Florida, Forked Run, Funk Bottoms, Gates & Bott, Great Miami River, Hebron hatchery, Honey Point, Indian Lake, Jackson City Reservoir, Dan And Margaret James, Keen Kincaid, Knobby's , Lake Snowden, Lanker, London hatchery, Mad river, Mallard Club, Marsh wetlands, Mazurik, Meiners, , Mohler-Homes, Mohler-Richland, Munro Basin, river locks 15, 18, 19, 21, And 23, Oldtown, , Portage river, Put-In-Bay, Rockbridge Access, St. Marys, , Senecaville hatchery, Shade river, Simco Wetland, Six Mile creek, Stillwater, Symmes Township, Trump, Turkey Foot creek, Turtle creek, Urbana, Weirs, Wellston, West Harbor and American Electric Power recreational area" have been deleted and the words "issue" and "on any property owned or under control of the division of wildlife" have been added.

8. If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections 121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons: This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9. If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible: This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10. If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible: Not Applicable.

11. If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so: Not Applicable. Page 11 Rule Number: 1501:31-15-04

12. 119.032 Rule Review Date: 7/19/2007 (If you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.) NOTE: At time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13. Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department. This will have no impact on revenues or expenditures. 0 N/A

14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: A.M. Sub H.B. 95, line 740-701

15. Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency: N/A

16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No