1501:31-15-17 Seasons for game birds, game quadrupeds and furbearing animals.

 

 

 

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 43224-1387

614-265-6836

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

1501:31-15-17

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Seasons  for  game  birds,  game  quadrupeds  and  furbearing

animals.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

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

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 1531.08

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 seasons fo game quadrupeds and furbearing animals.

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 (B) has been amended and the word "otter" has been deleted.

Paragraph (D) has been amended and the year "2004" has been deleted and the year "2005" has been added.

Paragraph (E) has been amended and the dates "9, 2004 and 2005" have been deleted and the dates "8,2005 and 2006" have been added.

Paragraph (F) has been amended and the dates "5,2004, 2005, 6,2004, and 2005" have been deleted and the dates "4,2005, 2006, 5,2005 and 2006" and the word "and in Ashtabula county in a area bounded on the north by Cork Cold Springs Road, and on the west by Windsor Mechanicsville Road, and on the south by Johnson Road, and on the east by United States route 45" have been added.

Paragraph (G) has been amended and the dates "5,2004 and 2005" have been deleted and the dates "4,2005 and 2006" have been added.

Paragraph (H) has been amended and the dates "5,2004 and 28,2004" have been deleted and the dates "4,2005 and 27,2005" have been added.

Paragraph (I) has been amended and the dates "11,2004 and 20,2005" have been deleted and the dates "10,2005 and 19,2006" have been added.

Paragraph (K) has been amended and the years "2004 and 2005" have been deleted and the year 2005 and 2006" have been added.

Paragraph (L) has been amended and the years "2004 and 2005" have been deleted and the year 2005 and 2006" have been added.

Paragraph (M) has been amended and the years "2004 and 2005" have been deleted and the year 2005 and 2006" have been added.

Paragraph (N) has been amended and the years "2004 and 2005" have been deleted and the year 2005 and 2006" have been added.

Paragraph (O) has been amended and the years "2004, 2005" and the words"in those counties or partial counties north of United States interstate highway seventy-six and east of United States interstate seventy-seven. It shall be unlawful for any person to trap or possess beaver except from December 26,2004 through

February 28, 2005 in the remaining counties of the state." have been deleted and the year 2005 and 2006" have been added.

Paragraph (P) has been amended and the years "2004 and 2005" have been deleted and the year 2005 and 2006" have been added.

Paragraph (O) has been amended and the years "2004 and 2005" have been deleted and the year 2005 and 2006" have been added.

Paragraph(Q)(1-5) has been amended and the years "2004 and 2005" have been deleted and the year 2005 and 2006" have been added.

Paragraph(R)(1-5)has been ameend and the words "It shall be unlawful to trap or possess river otter at any time except in accordance with this paragraph and other provisions of wildlife rules.

(1)   River otter season opens December 26, 2005 through February 28, 2006.

(2)   The following counties are in river otter zone A: Allen, Auglazine, Brown, Butler, Champaign, Clark, Clermont, Clinton, Crawford, Cuyahoga, Drake, Defiance, Erie, Fayette, Fulton, Greene, Hamilton, Hardin, Hancock, Henry, Highland, Huron, Logan, Lorain, Lucas, Madison, Marion, Medina, Mercer, Miami, Montgomery, Ottawa, Paulding, Preble, Putman, Sandusky, Seneca, Shelby, Summit, Union, Van Wert, Warren, Williams, Wood and Wyandot. This zone is closed season to river otter trapping.

(3)   The following counties are in river otter zone B: Adams, Ashland, Delaware, Fairfield, Franklin, Knox, Licking, Morrow, Pickaway, Pike, Richland, and Ross. The river otter bag limit is one in this zone.

(4)   The following counties are in river otter zone C: Athens, Ashtabula, Belmont, Carroll, Columbiana, Coshocton, Gallia, Geauga, Guernsey, Harrison, Hocking, Holmes, Jackson, Jefferson, Lake, Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Portage, Scioto, Stark, Trumbull, Tuscarawas, Vinton, Washington and Wayne. The river otter bag limit is three in this zone.

(5)   It shall be unlawful to take or trap more than three river otters per season of which no more than one may be taken in zone B." 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:

Paragraph (E) has been revised and the words "Provided further, it shall be unlawful for any person to hunt grouse at any time on Kellys island." have been deleted.

Paragraph (F) has been revised and the word "Johnson" has been deleted and the word "New Hudson" has been added

Paragraph (Q)(4) has been revised and the words "Provided further, it shall be unlawful for any person to hunt grouse at any time on Kelleys island." has been deleted and the year 2006 has been added.

Paragraph (R)(2) has been revised and the word "Auglazine" has been corrected spelled as "Auglaize"

Paragraph (R)(3)has been revised and the words "per season" have been added. Paragraph (R)(4) has been revised and the words "per season" have been added.

12. 119.032 Rule Review Date: 2/3/2005

(If the rule is not exempt and 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: If the rule is not exempt at the 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

This proposal will hsve no impact on revenues or expenditures

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:

No Impact

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