Fish & Wildlife plans rulemaking after confusion over "dated each year" posting language

Commissioner-level testimony addressed confusion that followed an internal interpretation of a posting requirement that says land postings must be "dated each year." Staff and private landowners reported uncertainty about enforcement and prosecution when a posted date crosses calendar boundaries.

The commissioner told the committee the agencys intent is to honor posted signs and that an administrative approach and targeted rulemaking could resolve ambiguity. "We wanted to give land owners 365 days of unfettered posted land," the commissioner said, describing the agencys goal to allow a full year of protection from the date a landowner posts.

The commissioner acknowledged the language caused consternation and said the agency did not change law or formal rules by the administrative guidance: "We changed no laws, no rules. We sent a letter to town clerks," he said, and committed to public rulemaking to define the posting period and work with town clerks and affected landowners.

Committee members pressed the Legislative Council and agency counsel on whether the commissioner has the rule authority to clarify the term; counsel said the existing rule cites statutory authority that supports commissioner rulemaking on sign standards and timing. Several committee members welcomed a public rulemaking process and asked for clarifying language that minimizes prosecutorial ambiguity for town clerks and landowners.

The committee did not vote; members asked the agency to return with a proposed timetable and public-meeting schedule for the planned rulemaking.