AZGFD

Rulemaking Process

Welcome to the rulemaking page for the Arizona Game and Fish Commission. This page is a service to provide the public with information about Game and Fish Commission rules and the rulemaking process.

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

The Department’s current Rulemaking activity is provided to give the public the opportunity to review proposed rulemakings that are open for public comment and final rulemakings that have been filed with the Governor’s Regulatory Review Council for placement on a future Council agenda:

Rulemaking in Progress

The Department will accept written comments for 30 days following the publication of the Notice of Proposed Rulemaking in the Arizona Administrative Register. The Game and Fish Commission will accept oral comments at the telephonic Commission Meeting being held in Phoenix on June 21, 2019 meeting.

The public comment period begins on April 12 and runs through to May 12, 2019.

R12-4-303 Notice of proposed rulemaking

The Commission approved the Notice of Final Rulemaking amending Article 3 (Taking and Handling of Wildlife) at the Dec 7, 2018 Commission Meeting; and the Governor’s Regulatory Review Council (GRRC) approved the final rulemaking at their Feb 5, 2019 meeting. The amended rules will become effective June 1, 2019.

Article 3 Notice of Final Rulemaking (as approved by GRRC)

The Commission approved the Off-highway Vehicle Notice of Proposed Rulemaking adopting Article 10 on December 7, 2018. The Commission will review the final rulemaking at their May 11, 2019 meeting.

Article 10 Notice of Proposed Rulemaking

The Commission approved the Taxidermy Registration Notice of Proposed Rulemaking on January 1, 2019. The Commission will review the final rulemaking at their May 11, 2019 meeting.

Newly Amended Rules That Are Effective, But Have Not Yet Been Codified

As of June 30, 2018, all Game and Fish Commission rules published in the Arizona Administrative Code are current. These rules may be accessed via the Secretary of State’s website.

Rulemaking Process Details

Notice of Rulemaking Docket Opening: SOS publishes the Commission’s Notice in the Arizona Administrative Register (AAR) to notify the public that the Commission is considering amending its rules.

Notice of Proposed Rulemaking: SOS publishes the Commission’s Notice of Proposed Rulemaking in the Arizona Administrative Register (AAR) to provide the public with actual proposed additions, deletions, or changes to the Commission’s rules.

Comment periods: The public has three opportunities in which to submit comments to the Commission: 1). Any time. Comments received by the Department are placed in the rule record and will be considered by the next review or Rulemaking team. 2). During the thirty (30) day public comment period immediately following the publication of the proposed rules in the AAR. Once a proposed rule is published, the public has at least thirty (30) days to submit comments to the Department concerning the rule. 3). At a Commission Meeting. A blue ‘speaker slip’ is required and are available to the public at each Commission Meeting.

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 30-day public comment period for a particular rulemaking will become part of the official record for that proposed rulemaking.

Notice of Final Rulemaking: The Department drafts a Notice of Final Rulemaking after considering comments and other 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. GRRC reviews the rulemaking to ensure that the rules are necessary, consistent with legislative intent, within the agency’s statutory authority, do not create an adverse impact on the public, and whether the benefits of the rule outweigh the costs.

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: Typically, the effective date of the rule is sixty (60) days from the date of filing. However, the Commission may request an immediate or specific effective date when authorized by statute, specified in the rulemaking preamble, and approved by GRRC.

Codification: SOS publishes 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. As a result, the Code may not contain the most recent Game and Fish rules. The Rule Changes page provides Commission rules approved by GRRC, but not yet included in the Code.

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, exempt, and expedited rulemakings require different procedures for completion.

Five-year Review Reports

Under A.R.S. § 41-1056, every agency shall review its rules at least once every five years to determine whether any rule should be amended or repealed. Each agency shall prepare a report summarizing its findings, its supporting reasons, and any proposed course of action; and obtain approval of the report from the Governor’s Regulatory Review Council (G.R.R.C.). Below are the most recent five-year review reports for all Arizona Game and Fish Commission Rules (by Article):

Article 1. Definitions and General Provisions

Article 2. Miscellaneous Licenses and Permits

Article 3. Taking and Handling Wildlife

Article 4. Live Wildlife

Article 5. Boating and Water Sports

Article 6. Rules of Practice Before the Commission

Article 7. Heritage Grants

Article 8. Wildlife Areas and Department Property

Article 11. Aquatic Invasive Species

To obtain specific rule information or to submit a comment on a particular rule or rulemaking, contact:

Rules and Risk Section
623 236-7390
Rulemaking@azgfd.gov