Senator Brennan seeks to restore Fish and Wildlife fee‑setting power by rule

Sen. Pat Brennan offered an amendment to return rulemaking authority to the Department of Fish and Wildlife for setting fees tied to use of department lands and programs, saying the department has handled such authority responsibly since it was first granted in 2005. "They were granted authority in, I think, 2005, and they've done a pretty good job with it," Brennan said.

The amendment (sections 21–23) would restore the department's ability to set fees by rulemaking for many uses but would limit or exclude the authority to create new access‑area fees that drew public concern. Chair (S1) and several members framed the debate as a constitutional separation‑of‑powers question: "Fees are a tax‑like tariff," the chair said, cautioning that new fees traditionally are legislative prerogatives.

Supporters argued modest, targeted fees would help maintain access areas and that the department has delayed imposing some fees (for example on nonmotorized watercraft such as kayaks) while facing financial pressure. Several senators said they were open to a narrower substitute amendment that restores the department’s prior rulemaking power while explicitly barring new access‑area fees, and suggested the committee consult agency counsel on what was authorized in 2005.

Opponents pressed for clarity about which fees would remain within agency rulemaking and which must come back to the Legislature. Committee staff and members agreed to review the exact statutory language and consult the relevant legal counsel before finalizing the amendment. The committee did not take a final vote on Brennan’s amendment during this session and asked staff to prepare drafting and fiscal analysis for future consideration.

The committee left the matter open for further drafting and legal review, with the expectation that clarifying language would be brought back before any final action.