WapitiBob
Well-known member
A few of us have been discussing these for a few months now. With the draw closed and the suggestions in the meeting minutes, here you go.
R... 114; Note that only HALF the NR tag allotment will be available in the Bonus Pass draw.
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9. Request to approve the Article 1 Definitions and General Provisions Five-year Rule Review
Report, for Submission to the Governor's Regulatory Review Council (G.R.R.C.).
Presenter: Amber Munig, Big Game Management Supervisor
Ms. Munig provided a PowerPoint presentation to the Commission on the Five-year Rule
Review Report for Article 1 regarding definitions and general provisions, for submission to
G.R.R.C. A.R.S. § 41-1056 requires each state agency to review all of its rules at least once
every five years. The Article 1 Five-year Rule Review Report is due to G.R.R.C. by January 31,
2014. The Department presented an overview of the team's recommendations to the
Commission at the December 6, 2013 Commission Meeting. The Commission provided input,
which has been incorporated into the Department’s recommendations.
PLEASE NOTE ---> If approved by the Commission, the Department will submit the report to G.R.R.C. for their
review. Submission of this report will not change any of the Article 1 rules; however, if the
Department fails to submit the report by the established due date, the Commission’s Article 1
rules will expire and no longer be in effect or enforceable. In addition to the review criteria
prescribed under A.R.S. §41-1056, the Article 1 rule review team considered internal and external comments received during the previous five years, and processes that have changed since the last rulemaking.
For all rules, the team recommends amendments designed to ensure consistency between
Commission rules, Department processes, rule language/formatting, and to reduce the regulatory
burden where possible. In addition, the team proposes the following substantive amendments:
R12-4-101. Definitions
. Define the terms “bobcat seal” and "rooster" to clarify terms referenced in Commission
Order and increase consistency between rules and remove "by a particular hunt number"
from the definition of "hunt area" to address inholdings.
R12-4-104. Application Procedures for Issuance of Hunt Permit-tags by Drawing and Purchase
of Bonus Points
. Enable the Department to issue a license and award a bonus point when the payment
submitted is less than required, but covers application/license fees to address customer
comments received by the Department
. Prohibit a person who reached the established bag limit from applying for/purchasing
another hunt permit-tag during the same calendar year to increase consistency between
rules
. Stating overpayments of $1 or less will not be refunded and are considered a donation to
the Game and Fish Fund; the refund processing costs are greater than the a refund
. Define “Department error” as it applies to a rejected application and clarify when the
Department may issue a hunt permit-tag or award a bonus point in order to correct the
error to address customer comments received by the Department.
R12-4-106. Licensing Time-frames
. Add a time-frame for the use drugs on wildlife authorization, increase substantive review
time-frames for licenses that require an inspection, and allow the Department to deny an
incomplete license application when the information demonstrates the applicant is not
eligible for the license.
R12-4-107. Bonus Point System
. Replace the term "season" with "computer draw" to clarify bonus point application
requirements
. Enable the Department to issue a license and award a bonus/loyalty point (as applicable)
when the payment submitted is less than required, but covers application/license fees to
address customer comments received by the Department
. Enable the Department to remove any bonus point fraudulently obtained to increase
consistency between Commission rules
. Simplify the military member/bonus point reinstatement process to provide better
customer service to address customer comments received by the Department.
R12-4-108. Management Unit Boundaries
. Update game management units to provide additional clarity and maintain recreational
opportunities for the public; both hunters and outdoor recreationists to address April 2013
Commission action item.
R12-4-110. Posting and Access to State Land
. Replace “licensed hunters and fishermen” with “persons legally taking wildlife” to
address persons exempt from obtaining a license
. Indicate a license holder who is hunting, fishing, or trapping on state land shall not
operate motor vehicles off-road or on roads that are closed to the public, except to pick
up lawfully taken big game animals to increase consistency between Commission rules.
R12-4-114. Issuance of Nonpermit-tags and Hunt Permit-tags
. Remove descriptive language relating to tag features to provide the Department greater
flexibility in procuring nonpermit and hunt permit-tags
. Ensure at least one tag is available in the bonus point pass to provide a chance for
maximum bonus point applicants to be drawn to address customer comments received by
the Department.
Allow a person to possess the same number of hunt permit-tags as allowed for the bag
limit of that specific genus to address customer comments received by the Department.
. Prohibit a person who reached the bag limit for a specific genus from applying for a hunt
permit-tag or purchasing a nonpermit-tag during the same calendar year to increase
consistency between Commission rules
. Allow only 50% of the hunt permit-tags available to nonresidents to be issued in the
bonus pass of the draw. These changes are in response to customer comments received by
the Department
. Remove the 10% nonresident cap for javelina by hunt number to increase the odds for a
nonresident to draw a tag, provided the increase does not affect resident participation or
surpass the nonresident cap under A.R.S. § 17-332(A).
R12-4-115. Supplemental Hunts and Hunter Pool
. Define “companion tags” and allow Department to issue tags when the Commission
establishes the associated Commission Order to increase efficiency.
R12-4-116. Reward Payments
. Increase reward value for antelope, bald eagles, bighorn sheep, buffalo, elk, and any
wildlife listed as endangered or threatened wildlife from $350 to $450 and the reward
value for bear, deer, javelina, mountain lion, and turkey from $250 to $350. Reward
amounts were established in 1991 and have not changed since then.
The Commission discussed the tag surrender concept and was in consensus that this could
potentially be part of an enhanced application process through stage two of the license
simplification process. The Commission would like to see the tag surrender concept move
forward quickly, hopefully by next year this time, and also make sure it doesn’t get bogged down
and delayed in the general rulemaking cycle.
Director Voyles suggested that the authority for the Commission to have a tag surrender concept
could be created in the rulemaking process to allow the Commission to exercise their authority
within the fee structure. The Department needs to have some discussion and do some analytics
on the tag surrender concept as it relates to licensing and services, and bring that back to the
Commission.
Jennifer Stewart, Rules and Risk Branch Chief, reminded the Commission that a tag surrender
concept could be added later as we move through the Article 1 rulemaking process, and further
recommended that the tag surrender concept not be added to the Article 1 report at this time.
The Commission was in consensus.
The Commission discussed and was in consensus to raise the reward value for all big game and bald eagles to $500 across the board (R12-4-116. Reward Payments).
The Commission discussed a waiting period for a person that has been drawn for big game and were not in agreement.
Chairman Harris and Commissioner Mansell were not in favor of any waiting period except for a one year waiting period for youth only.
Commissioner Davis was in favor of a one year waiting period for bull elk and a one year
waiting period for youth, as well as removal of the 10% cap for nonresident javelina.
Motion: Davis moved and Madden seconded THAT THE COMMISSION VOTE TO DIRECT
THE DEPARTMENT TO BRING FORWARD A RULE PACKAGE THAT INCLUDES A
ONE YEAR WAIT ON BULL ELK AND A ONE YEAR WAIT ON YOUTH AND A
LIFTING OF THE NONRESIDENT CAP FOR JAVELINA.
Vote: Aye - Davis, Madden
Nay - Harris, Mansell
Failed 2 to 2
Motion: Harris moved and Mansell seconded THAT THE COMMISSION VOTE TO LIFT
THE NONRESIDENT CAP FOR JAVELINA AND TO APPROVE A ONE YEAR WAITING
PERIOD FOR YOUTH ONLY.
Commissioner Davis clarified with Chairman Harris that the motion was for the Department to bring back some language and evaluation of the impact of a potential one year waiting period for youth only, and that this was for the report only and not a determination to implement at this point.
Vote: Unanimous
4 to 0
Motion: Mansell moved and Madden seconded THAT THE COMMISSION VOTE TO
APPROVE THE ARTICLE 1 FIVE-YEAR REVIEW REPORT FOR SUBMISSION TO THE
GOVERNOR'S REGULATORY REVIEW COUNCIL AS PRESENTED AND DISCUSSED.
Vote: Unanimous
4 to 0
* * * * *
R... 114; Note that only HALF the NR tag allotment will be available in the Bonus Pass draw.
* * * * *
9. Request to approve the Article 1 Definitions and General Provisions Five-year Rule Review
Report, for Submission to the Governor's Regulatory Review Council (G.R.R.C.).
Presenter: Amber Munig, Big Game Management Supervisor
Ms. Munig provided a PowerPoint presentation to the Commission on the Five-year Rule
Review Report for Article 1 regarding definitions and general provisions, for submission to
G.R.R.C. A.R.S. § 41-1056 requires each state agency to review all of its rules at least once
every five years. The Article 1 Five-year Rule Review Report is due to G.R.R.C. by January 31,
2014. The Department presented an overview of the team's recommendations to the
Commission at the December 6, 2013 Commission Meeting. The Commission provided input,
which has been incorporated into the Department’s recommendations.
PLEASE NOTE ---> If approved by the Commission, the Department will submit the report to G.R.R.C. for their
review. Submission of this report will not change any of the Article 1 rules; however, if the
Department fails to submit the report by the established due date, the Commission’s Article 1
rules will expire and no longer be in effect or enforceable. In addition to the review criteria
prescribed under A.R.S. §41-1056, the Article 1 rule review team considered internal and external comments received during the previous five years, and processes that have changed since the last rulemaking.
For all rules, the team recommends amendments designed to ensure consistency between
Commission rules, Department processes, rule language/formatting, and to reduce the regulatory
burden where possible. In addition, the team proposes the following substantive amendments:
R12-4-101. Definitions
. Define the terms “bobcat seal” and "rooster" to clarify terms referenced in Commission
Order and increase consistency between rules and remove "by a particular hunt number"
from the definition of "hunt area" to address inholdings.
R12-4-104. Application Procedures for Issuance of Hunt Permit-tags by Drawing and Purchase
of Bonus Points
. Enable the Department to issue a license and award a bonus point when the payment
submitted is less than required, but covers application/license fees to address customer
comments received by the Department
. Prohibit a person who reached the established bag limit from applying for/purchasing
another hunt permit-tag during the same calendar year to increase consistency between
rules
. Stating overpayments of $1 or less will not be refunded and are considered a donation to
the Game and Fish Fund; the refund processing costs are greater than the a refund
. Define “Department error” as it applies to a rejected application and clarify when the
Department may issue a hunt permit-tag or award a bonus point in order to correct the
error to address customer comments received by the Department.
R12-4-106. Licensing Time-frames
. Add a time-frame for the use drugs on wildlife authorization, increase substantive review
time-frames for licenses that require an inspection, and allow the Department to deny an
incomplete license application when the information demonstrates the applicant is not
eligible for the license.
R12-4-107. Bonus Point System
. Replace the term "season" with "computer draw" to clarify bonus point application
requirements
. Enable the Department to issue a license and award a bonus/loyalty point (as applicable)
when the payment submitted is less than required, but covers application/license fees to
address customer comments received by the Department
. Enable the Department to remove any bonus point fraudulently obtained to increase
consistency between Commission rules
. Simplify the military member/bonus point reinstatement process to provide better
customer service to address customer comments received by the Department.
R12-4-108. Management Unit Boundaries
. Update game management units to provide additional clarity and maintain recreational
opportunities for the public; both hunters and outdoor recreationists to address April 2013
Commission action item.
R12-4-110. Posting and Access to State Land
. Replace “licensed hunters and fishermen” with “persons legally taking wildlife” to
address persons exempt from obtaining a license
. Indicate a license holder who is hunting, fishing, or trapping on state land shall not
operate motor vehicles off-road or on roads that are closed to the public, except to pick
up lawfully taken big game animals to increase consistency between Commission rules.
R12-4-114. Issuance of Nonpermit-tags and Hunt Permit-tags
. Remove descriptive language relating to tag features to provide the Department greater
flexibility in procuring nonpermit and hunt permit-tags
. Ensure at least one tag is available in the bonus point pass to provide a chance for
maximum bonus point applicants to be drawn to address customer comments received by
the Department.
Allow a person to possess the same number of hunt permit-tags as allowed for the bag
limit of that specific genus to address customer comments received by the Department.
. Prohibit a person who reached the bag limit for a specific genus from applying for a hunt
permit-tag or purchasing a nonpermit-tag during the same calendar year to increase
consistency between Commission rules
. Allow only 50% of the hunt permit-tags available to nonresidents to be issued in the
bonus pass of the draw. These changes are in response to customer comments received by
the Department
. Remove the 10% nonresident cap for javelina by hunt number to increase the odds for a
nonresident to draw a tag, provided the increase does not affect resident participation or
surpass the nonresident cap under A.R.S. § 17-332(A).
R12-4-115. Supplemental Hunts and Hunter Pool
. Define “companion tags” and allow Department to issue tags when the Commission
establishes the associated Commission Order to increase efficiency.
R12-4-116. Reward Payments
. Increase reward value for antelope, bald eagles, bighorn sheep, buffalo, elk, and any
wildlife listed as endangered or threatened wildlife from $350 to $450 and the reward
value for bear, deer, javelina, mountain lion, and turkey from $250 to $350. Reward
amounts were established in 1991 and have not changed since then.
The Commission discussed the tag surrender concept and was in consensus that this could
potentially be part of an enhanced application process through stage two of the license
simplification process. The Commission would like to see the tag surrender concept move
forward quickly, hopefully by next year this time, and also make sure it doesn’t get bogged down
and delayed in the general rulemaking cycle.
Director Voyles suggested that the authority for the Commission to have a tag surrender concept
could be created in the rulemaking process to allow the Commission to exercise their authority
within the fee structure. The Department needs to have some discussion and do some analytics
on the tag surrender concept as it relates to licensing and services, and bring that back to the
Commission.
Jennifer Stewart, Rules and Risk Branch Chief, reminded the Commission that a tag surrender
concept could be added later as we move through the Article 1 rulemaking process, and further
recommended that the tag surrender concept not be added to the Article 1 report at this time.
The Commission was in consensus.
The Commission discussed and was in consensus to raise the reward value for all big game and bald eagles to $500 across the board (R12-4-116. Reward Payments).
The Commission discussed a waiting period for a person that has been drawn for big game and were not in agreement.
Chairman Harris and Commissioner Mansell were not in favor of any waiting period except for a one year waiting period for youth only.
Commissioner Davis was in favor of a one year waiting period for bull elk and a one year
waiting period for youth, as well as removal of the 10% cap for nonresident javelina.
Motion: Davis moved and Madden seconded THAT THE COMMISSION VOTE TO DIRECT
THE DEPARTMENT TO BRING FORWARD A RULE PACKAGE THAT INCLUDES A
ONE YEAR WAIT ON BULL ELK AND A ONE YEAR WAIT ON YOUTH AND A
LIFTING OF THE NONRESIDENT CAP FOR JAVELINA.
Vote: Aye - Davis, Madden
Nay - Harris, Mansell
Failed 2 to 2
Motion: Harris moved and Mansell seconded THAT THE COMMISSION VOTE TO LIFT
THE NONRESIDENT CAP FOR JAVELINA AND TO APPROVE A ONE YEAR WAITING
PERIOD FOR YOUTH ONLY.
Commissioner Davis clarified with Chairman Harris that the motion was for the Department to bring back some language and evaluation of the impact of a potential one year waiting period for youth only, and that this was for the report only and not a determination to implement at this point.
Vote: Unanimous
4 to 0
Motion: Mansell moved and Madden seconded THAT THE COMMISSION VOTE TO
APPROVE THE ARTICLE 1 FIVE-YEAR REVIEW REPORT FOR SUBMISSION TO THE
GOVERNOR'S REGULATORY REVIEW COUNCIL AS PRESENTED AND DISCUSSED.
Vote: Unanimous
4 to 0
* * * * *
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