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Committee postpones Fish and Game rule on fishing tournament payments after notice issue
Summary
The committee postponed Fish and Game’s rule revising fishing-tournament permits because a 5-day online payment requirement appeared in a conditional filing but was not included in the public notice. Agency staff said the online system will make payment faster; committee postponed to Nov. 24 to fix notice deficiency.
The Administrative Rules Committee postponed action until Nov. 24 on proposed amendments to Fish and Game rules for fishing tournaments after finding a notice deficiency tied to a newly introduced five-day payment deadline in the agency’s conditional filing.
Martie Mobley, legal coordinator for Fish and Game, and John McGee, program supervisor for the Inland Fisheries Division, told the committee the department is moving to an online application and payment system for fishing-tournament permits. McGee said the online payment should take “about 2 to 3 minutes” and that the department’s intent is to avoid situations where an applicant unintentionally holds a date and location while a paper check is in the mail.
Committee staff flagged that the five-day payment deadline first appeared in the agency’s conditional approval language and was not in the public notice required under the rulemaking statute (5:41-a was cited in the discussion). Because the timeline was not part of the noticed material, the committee concluded it could not adopt the change at this meeting.
A motion to postpone the item to the November meeting was moved and seconded and approved by voice vote. Committee members suggested the agency could either extend the online payment deadline to the existing 30-day window or place clear public notice about the new five-day expectation while transitioning users to the online system.
