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Regulation Highlights July 2020

Regulation Highlights July 2020

Here are some highlights of state-level regulatory issues AKC GR has recently addressed.  Visit AKC’s Regulatory Resource Center for more information on these and other significant regulatory issues addressed by AKC Government Relations.

  • ALABAMA – Proposed amendments to Department of Conversation and Natural Resources’ rules for Wildlife Management Areas (WMA), Community Hunting Areas, Public Hunting Areas, and refuges seek to clarify that a person must have a valid Wildlife Management Area (WMA) permit or use the Outdoor Alabama WMA Check-In application to hunt, trap, use dogs, possess firearms, traps, or bow and arrow on any area, except on designated target ranges and except bow fishing equipment; and clarifies that dogs may only be used during a WMA established season.  See more information here.
  • OREGON – The Land Conservation and Development Department has proposed rules to conform to HB 2106, which was passed by the 2019 Oregon Legislature.  The rule allows dog training classes and testing trials to be conducted in farmland buildings that existed as of January 1, 2019, rather than January 1, 2013, thus increasing the number of facilities that may host such events.
  • RHODE ISLAND – In order to address conflicts between numerous regulations administered by several divisions of the Department of Environmental Management, it has proposed updates to the state’s Park and Management Area Rules and Regulations.  It also specifically empowers the director of the department to issue emergency operation orders for the closure or limited operation of state parks, beaches, campgrounds, boat ramps, and management areas, and facilities thereof, in the event of any emergency that may post an imminent threat or peril to the public health and safety.  See more information here.
  • SOUTH DAKOTA – As a result of its systematic review to identify and change rules that are irrelevant, inconsistent, illogically arranged, or unclear in their intent and direction, the South Dakota Department of Game, Fish and Parks has moves its  “Sporting dog trails permitted on public land” rule from 41:09:13:05 to 41:09:13:01.  This change does not change the substance of the rule, which still permits sporting dog trails to be authorized and conducted on lands administered by the department and still requires applications for sporting dog trails to be made in writing on forms provided by the department.  See more information here and here.
  • WASHINGTON – The Washington Department of Fish and Wildlife (WDFW) is seeking public comment on proposed changes to the regulations for hunting contests.In Washington, permits are issued to non-profit organizations to hold a hunting contest, whereby a monetary prize of up to $2,000 may be offered to the contest participant who harvests the most animals. WDFW has determined that “spree killing contests” that encourage and reward the killing of large numbers of native wildlife are not consistent with sound wildlife management practices, and therefore is proposing the following changes.The first change would prohibit the Department from issuing hunting contest permits for hunting contests (involving both classified and unclassified wildlife species) that do not have bag limits. The second proposal would make it illegal for an individual to participate in a hunting contest that is not permitted by the Department and specifies that doing so would be punishable as an infraction. (Under current rules, only the sponsor of an unpermitted contest commits a natural resources infraction. The second proposal is to ensure that individual participants who participate in unpermitted contests are also held accountable for participating in unlawful activity.)These proposals do not change general hunting regulations for species that have no bag limit, including but not limited to bobcats, coyotes, crows, foxes, or raccoons. Field trials are not affected by this proposed rule change.  AKC has not taken a position on this proposal.  See more information here.
  • WISCONSIN – In a procedural move, the Wisconsin Department of Agriculture, Trade and Consumer Protection (Department) is proposing a rule that would allow it to evaluate whether to increase fee amounts, including license and reinspection fees, for dog sellers and dog facility operators.Currently, animal shelters and animal control facilities pay an annual $125 license fee to operate in the state. License fees for in-state dog sellers range from $250-$1,000. Additional fees may also apply. As of license year 2020, there are 471 licensed dog sellers in the state, including 113 that sell 25-49 dogs per year, 87 that sell 50-99 per year, 64 that sell 100-249 per year, 25 that sell at least 250 per year, and 182 who operate animal shelters or animal control facilities.The Department reports that the dog seller program’s fiscal year 2019 revenues ($181,200) failed to meet its costs ($338,600), therefore costing the state $157,400. After evaluation, the Department has determined that it is not able to reduce its program expenditures to its current revenues without failing to meet program requirements that have been set by the state legislature.As required by statute, the Department would form an advisory group to assist in writing a new proposed fee schedule, with a goal of establishing fees to ensure recovery of program costs through program revenues and to eliminate the program’s current negative cash balance.The advisory group is to include representatives of each of the following groups:
    • Persons selling dogs at retail,
    • Dog breeders that sell large dogs and that sell fewer than 50 dogs per year,
    • Dog breeders that sell small dogs and that sell fewer than 50 dogs per year,
    • Dog breeders that sell large dogs and that sell 50 or more dogs per year,
    • Dog breeders that sell small dogs and that sell 50 or more dogs per year,
    • Sporting associations whose primary activities involve dogs,
    • Humane societies providing shelter to fewer than 500 dogs per year,
    • Humane societies providing shelter to 500 or more dogs per year,
    • Veterinarians,
    • Animal control facilities, and
    • Breed rescue groups.Click here to read the Department’s Statement of Scope filing. Those with questions for the Department are encouraged to contact Angela Fisher, Program Policy Analyst, at (608) 224-4890 or Angela.Fisher1@wisconsin.govSee more information here.