ACTION: Refiled DATE: 05/08/2013 3:13 PM Department of Natural Resources Agency Name Rule Summary and Fiscal Analysis (Part A) Division of Wildlife Division Ben Pendery Contact 2045 Morse Road Columbus OH 43229-6693 614-265-6891 Agency Mailing Address (Plus Zip) Phone Fax ben.pendery@dnr.state.oh.us Email 1501:31-15-11 Rule Number Rule Title/Tag Line AMENDMENT TYPE of rule filing Deer regulations. 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: 1531.06, 1531.08, 1531.10, 1533.113 5. Statute(s) the rule, as filed, amplifies or implements: 1531.06, 1531.08, 1531.10, 1533.113 6. State the reason(s) for proposing (i.e., why are you filing,) this rule: This rule establishes the dates, times, bag limits, and methods for hunting white-tailed deer. 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, [ stylesheet: rsfa.xsl 2.07, authoring tool: EZ1, p: 101178, pa: 180460, ra: 337371, d: 422839)] print date: 05/08/2013 09:02 PM
Page 2 Rule Number: 1501:31-15-11 then summarize the content of the rule: It is proposed that language be added stating that antlerless permits may be used in controlled hunts with the approval of the chief of the Division of Wildlife. It is proposed that the following changes be made: #Bag limits will now be listed by counties instead of zones. The proposed bag limits are as follows: #It shall be unlawful to hunt or take more than two deer per license year from the following counties combined: Darke, Erie, Fayette, Hancock, Madison, Ottawa, Sandusky or Wood counties. #One deer may be taken on an either-sex permit, one on an antlerless permit in these counties #It shall be unlawful to hunt or take more than three deer per license year from Auglaize, Butler, Champaign, Clark, Gallia, Harrison, Henry, Hocking, Jackson, Jefferson, Lawrence, Logan, Meigs, Mercer, Miami, Monroe, Montgomery, Perry, Preble, Ross, Shelby, VanWert, and Washington counties. #Two deer may be taken on an either-sex permit, one on an antlerless permit in these counties #It shall be unlawful to hunt or take more than four deer per license year from Adams, Allen, Ashland, Ashtabula, Athens, Belmont, Brown, Carroll, Clermont, Clinton, Columbiana, Coshocton, Crawford, Cuyahoga, Defiance, Delaware, Fairfield, Franklin, Fulton, Geauga, Greene, Guernsey, Hamilton, Hardin, Highland, Holmes, Huron, Knox, Lake, Licking, Lorain, Lucas, Mahoning, Marion, Medina, Morgan, Morrow, Muskingum, Noble, Paulding, Pickaway, Pike, Portage, Putnam, Richland, Scioto, Seneca, Stark, Summit, Trumbull, Tuscarawas, Union, Vinton, Warren, Wayne, Williams and Wyandot counties #Three deer may be taken on an either-sex permit, one on an antlerless permit It is proposed that the statewide bag limit for deer be nine, but no more than one antlered deer regardless of method of take or location. It is proposed that an additional six deer may be taken from controlled hunt opportunities approved by the chief; these will not count toward the statewide bag limit. Only one antlered deer may be taken statewide, regardless of method or location. It is proposed that antlerless deer permits will not be valid after the Sunday before the start of deer gun season, except controlled hunts authorized by the chief of the
Page 3 Rule Number: 1501:31-15-11 Division of Wildlife. It is proposed that a statewide, two-day muzzleloader only season be added for antlerless deer only during the second weekend of October. It is further proposed that the special muzzleloader season on Salt Fork, Wildcat Hollow and Shawnee areas and the statewide two-day gun season in late December be eliminated. It is proposed that the hours for hunting deer be extended to one-half hour past sunset in all deer firearms seasons. This will be consistent with hunting hours for other species and with the hours for archery hunting for deer. It is proposed that the references to the #statewide muzzleloader season be changed to #deer muzzleloader season# because of the newly proposed #antlerless deer muzzleloader season# to avoid confusion. Portions of the rule were restructured for clarity. May 8, 2013 Revisions were made to the rule, moving Hocking, Perry and Ross Counties from the list of counties with a three deer bag lmit to the list of counties with a four deer bag limit. A two-day deer gun season was added for the first Friday and Saturday following New Years Day with a muzzleloader season on the Sunday, Monday and Tuesday immediately following New Years Day 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: Paragraph C(1)(e)and C(3) reference federal legislation HR218 "The Law Enforcement Officers Safety Act of 2004" and Ohio Revised Code sections 2923.125 and 2923.123. These sections of law are redaily available on the internet. Paragraph D(2)references Ohio Administrative Code 1501:31-7-06. This section of Administrative Code is readily available on the internet and at all ODNR Division of Wildlife offices. Paragraph F(9) references Ohio Revised Code section 1533.11 which is available ont he internet and from any ODNR Division of Wildlife office. it is also summarized int he Hunting Regulations digest available at license vendors and from the Division. Paragraph F(16) references Ohio Revised Code 1533.731 which is available on the internet and from any ODNR Division of Wildlife office. Paragraph F(25)(c) references Ohio Revised Code 1533.74 which is available on
Page 4 Rule Number: 1501:31-15-11 Paragraph F(25)(d) references Ohio Revised Code 1533.71 which is available on Paragraph F(25)(e) references Ohio Revised Code 1533.121 which is available on Paragraph F(25)(f) references Ohio Revised Code 1533.731 which is available on Paragraph I references Ohio Administrative Code 1501:31-1-02 which is available on 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: N/A 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. If applicable, indicate each specific paragraph of the rule that has been modified: Revised this rule filing to clarify that there is no adverse impact to business and it is not subject to CSI prior to coming to JCARR. Corrected the dates listed for youth deer season in paragraph A(1)(c) Removed the word "combined" from the following paragrpahs to clarify that the bag limits are for each county, not for a combination of the listed counties: B (3); B(3)(a); B(3)(b); B(4); B(4)(a); B(4)(b); B(5); B(5)(a); B(5)(b). May 8, 2013 Revisions to the rule were made after the Division of Wildlife conducted a further review of both the input received through the public comment process and evaluated the data collected through our hunter surveys and electronic game check systems. Following this review and evaluation, we have concluded that it is biologically and scientifically appropriate to make some adjustments to the
Page 5 Rule Number: 1501:31-15-11 deer regulations to balance those concerns raised. 12. 119.032 Rule Review Date: 2/4/2013 (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 change will not affect fees, require additional personnel, or require additional equipment. This rule modification will have no impact on the agencies revenue or expenditures 14. Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule: HB153, line 740-401 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: This change will not affect current or require additional licenses, permits, or fees. It will not require any costs for compliance. 16. Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No
Page 6 Rule Number: 1501:31-15-11 17. Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No S.B. 2 (129th General Assembly) Questions 18. Has this rule been filed with the Common Sense Initiative Office pursuant to R.C. 121.82? 19. Specific to this rule, answer the following: A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No