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Committee considers limiting commissioner’s authority to adopt new access fees for state lands
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Summary
Members reviewed Department of Fish and Wildlife language that would preserve the current rule for one year and prohibit the commissioner from adopting a new license or permit requirement for general recreational access; members requested agency counsel and Michael O'Grady to advise and directed drafters to incorporate the agreed approach.
The committee reviewed recently submitted language from the Department of Fish and Wildlife that would avoid repealing the department’s existing rule this session and instead prevent the commissioner from adopting a new license or permit requirement for general recreational access to state lands.
Members described the proposed change as preserving the status quo for the coming year while removing the department’s authority to create a new “access” license that would charge for general recreational entry to fishing access points, boat launches or swim areas. One committee member summarized the department’s offering: rather than repealing rules and forcing new rulemaking, the department would submit its present rule and delay substantive changes until staff can return next year.
The Chair asked the committee to invite Michael O'Grady or department staff to explain the practical and legal consequences; members asked drafters to circulate the revised language to the committee. Several members said the present arrangement—allowing existing rates but precluding a new access-license fee—strikes the right balance for this year while preserving legislative oversight next session.
Next steps: drafters will circulate the new language and the committee will request affirmative advice from Michael O'Grady or department counsel before taking final action.
