Have you ever wondered how the Arizona Game and Fish Department creates the rules for hunters, anglers and other customers? In addition to making sure that Game and Fish rules and policies are concise and easy to understand, the Department’s Rules and Risk Section is responsible for ensuring that all rules and policies meet statutory requirements before the Department submits the rulemaking to the Secretary of State (SOS), Attorney General, or Governor’s Regulatory Review Council (GRRC) for final approval.

The rulemaking process:

Notice of Docket Opening: SOS publishes the Department’s Notice of Docket Opening in the Arizona Administrative Register (AAR) to notify the public that the Department is considering changes to the referenced rules. The Commission must approve the Notice of Docket Opening prior to publication in the AAR.

Notice of Proposed Rulemaking: SOS publishes the Department’s Notice of Proposed Rulemaking in the AAR to notify the public of the proposed additions, deletions, or changes to the Department’s rules. The Commission must approve the Notice of Proposed Rulemaking prior to publication in the AAR.

Comment periods: The public has two opportunities in which to submit comments for a proposed rule: 1). once a rule is proposed, the public has at least thirty (30) days to submit comments to the Department concerning the rule. The Department determines the closing date for the public comment period and includes it in the notice of proposed rulemaking, published by SOS in the AAR, 2). after the Department submits a final rulemaking to GRRC, SOS publishes a notice of the filing in the AAR. The public has at least thirty (30) days to submit comments to GRRC.

Note: Comments are statements, suggested rule language, data, views, or other observations submitted to the Department in regards to an existing or proposed rule. Comments submitted during the official public comment periods for a particular rulemaking will become part of the official record of the proposed rulemaking. However, the public may comment on the Department’s existing rules at any time.

Notice of Final Rulemaking: The Department drafts a Notice of Final Rulemaking after considering information received during the comment period. The Department must determine whether the suggestions received meet the Department’s mission and objectives, do not place an undue burden on the regulated community, are not discriminatory, and are permitted under statute.

Submittal to Governor’s Regulatory Review Council: The Department submits the final rulemaking to GRRC who reviews the rulemaking to ensure that the changes are necessary, within the Department’s statutory authority, consistent with legislative intent, and do not place an undue burden on the regulated community. The Commission must approve the Notice of Final Rulemaking prior to submittal to GRRC.

Approval by GRRC: When GRRC determines that the rulemaking meets the statutory criteria identified above, GRRC will approve and file the final rulemaking with SOS.

Effective date: The effective date of the rule is sixty (60) days from the date of filing. However, the rulemaking may become effective immediately or on a date specified by the Department when authorized by statute, specified in the rulemaking, and approved by GRRC.

Codification: SOS publishes all final rulemakings in the Arizona Administrative Code (Code). The Code is the official compilation of rules that govern state agencies, boards, and commissions; the paper copy of the Code serves as the official version. SOS is required to publish updates to the Code four times a year; however, at this time the Code includes only those rulemakings filed prior to October 2008 and may not contain the latest amendments to the Game and Fish rules.

The above rulemaking description is not comprehensive. It is meant only to provide a brief overview of the rulemaking process and is not binding on the Commission or Department. Furthermore, different types of rulemakings, such as emergency rulemaking or exempt rulemaking, require separate procedures for completion.

To obtain specific rule information or to submit a comment on a rule or rulemaking, contact our Rules and Risk Section:

Rules and Risk Section

Office: (623) 236-7390

E-mail: Rulemaking@azgfd.gov