Deer Hunting at the Capitol: Statute vs. Administrative Rule

October 28, 2024 By: Catherine Appling-Pooler

The right to hunt. Seasons and bag limits. Sunday hunting. License fees. These and other rules affecting hunters are set through processes that are complex and often overwhelming. The terminology used can seem foreign, and finding information about specific bills or understanding their implications can be challenging. One common area of confusion is the distinction between a statute (law) and an administrative rule (regulation).

The National Deer Association advocates for deer and hunters in these processes, and it’s our job to understand how they work. Here is a guide to the legislative process that creates the rules affecting deer, other wildlife, and hunters.

Statutes: The Legislative Path

A statute is a law introduced into the legislative process by a state senator or representative, referred to as proposed legislation or a bill. This bill undergoes review in a designated committee before being voted on in its respective chamber. If approved, it then moves to the other chamber to undergo a similar review and voting process. Topics for such bills may include issues like Sunday hunting, lead ammunition bans, hunting rights, or conservation funding through license fees.

Administrative Rules: A Different Approach

Administrative rules differ from statutes in that they can be established by state wildlife agencies without the need for a legislative sponsor. When a senator or representative authors a bill, they endorse its introduction, while administrative rules, particularly those regarding wildlife and hunting, are typically referred to as “regulations.” These rules are published in printed magazines or made available online, detailing essential information like season dates, bag limits, and hunting area access.

In theory, amending a rule is generally easier than changing a statute. Administrative rules are frequently reviewed—usually annually or biannually—by the state wildlife agency, whereas altering a statute requires navigating the complexities of the legislative process, which can be fraught with political challenges.

The Relationship Between Statutes and Rules

While statutes and rules serve different functions, they complement each other by providing necessary guidelines and frameworks for action. Most state legislative sessions occur in the spring, while proposed rules from state agencies are generally put forth in late summer or early fall, followed by a public comment period in late fall or early winter. After public feedback is gathered, wildlife commissions or boards usually hold the authority to approve or deny these rules. Some states then require the rules to be reviewed through the legislative process, such as the rules committee, and then be signed into law by the Governor. In some states, rules are reviewed by the Attorney General’s office. 

Once administrative rules are finalized, the state agency undertakes the task of creating the rule and regulation guidebooks that hunters rely on, ensuring these materials are available before the season starts.

Engaging in the Process

Understanding the difference between proposed legislation (bills) and administrative rules is crucial for effective civic engagement. Knowing the right time to voice your opinion and who to contact can influence outcomes significantly. If you have feedback on a proposed rule, reach out to your district commissioner, participate in public meetings, or use online comment options where available. For opinions on a bill in the legislative process, contacting your local senator or representative via e-mail or phone is recommended.

To stay informed about wildlife-related bills and proposed agency rules, consider signing up for the National Deer Association newsletter and action alerts. This way, you’ll be well-equipped to know what’s happening at your state capitol.

About Catherine Appling-Pooler: