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Committee debates limits on Fish and Wildlife's ability to require access licenses
Summary
The Ways and Means Committee reviewed language in a miscellaneous bill that would prohibit the Fish and Wildlife commissioner from adopting a rule requiring individuals to hold a license for general recreational access to department lands; members cited enforcement and equity concerns and left existing rules in place until the department submits a fee report in January.
The Ways and Means Committee discussed language in a miscellaneous bill that would prevent the Department of Fish and Wildlife commissioner from adopting a rule requiring individuals to possess a license or permit for general recreational access to department-owned lands.
Mr. McGrady, of the Legislative Council, explained that fee authority is traditionally exercised by the General Assembly under the fee chapter in Title 32 and that agencies normally submit proposed fee schedules every three years. He said some agencies have independent fee authority (for example, state parks) and that Fish and Wildlife's current rule includes a broad license range, "up to $12,000 for a license." Mr. McGrady told the committee the commissioner had appeared before Ways and Means asserting authority to adopt a rule…
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