Bill Text - SB187 (2019)

(Second New Title) relative to OHRV dealer and rental agency registration fees and snowmobile registration fees.


Revision: June 17, 2019, 10:19 a.m.

SB 187 - VERSION ADOPTED BY BOTH BODIES

 

03/27/2019   1164s

03/27/2019   1211s

06/13/2019   2464EBA

2019 SESSION

19-1077

04/06

 

SENATE BILL 187

 

AN ACT relative to OHRV dealer and rental agency registration fees and snowmobile registration fees.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Starr, Dist 1; Sen. Feltes, Dist 15; Sen. Hennessey, Dist 5; Rep. Fields, Belk. 4

 

COMMITTEE: Transportation

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Changes the registration fees for OHRV dealers and rental agencies, and for snowmobiles.

 

II.  Provides that snowmobile trail grooming equipment shall be purchased through the grant-in-aid program.

 

III.  Amends the definition of antique snowmobile and provides that individuals registering an antique snowmobile shall pay a one-time registration fee.

 

IV.  Authorizes an open weekend for the operation of snowmobiles from other states or Canadian provinces.

 

V.  Repeals the 14-month registration for OHRVs.

 

VI.  Establishes a snowmobile program advisory commission.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/27/2019   1164s

03/27/2019   1211s

06/13/2019   2464EBA 19-1077

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to OHRV dealer and rental agency registration fees and snowmobile registration fees.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Fish and Game Agents; Agent's Accounting.  Amend RSA 214-A:4, II to read as follows:

II.  The agent shall collect from the applicant a fee of [$3] $4 for each OHRV and snowmobile registration issued and shall account to the executive director for the full face value of the registration decals.  He or she shall pay to the executive director no later than the fourteenth of each month the full face value of all registrations sold up to the first of the same month and shall report the names and addresses of all persons to whom registration decals have been sold and such other information as may be requested on blanks to be furnished by the executive director.  All registrations sold at the department headquarters or any subagency thereof shall charge the same fee as outlined in this paragraph, and shall be credited to the fish and game fund.

2  Fish and Game Agents; Agent's Accounting; Effective May 1, 2023.  Amend RSA 214-A:4, II to read as follows:

II.  The agent shall collect from the applicant a fee of [$4] $5 for each OHRV and snowmobile registration issued and shall account to the executive director for the full face value of the registration decals.  He or she shall pay to the executive director no later than the fourteenth of each month the full face value of all registrations sold up to the first of the same month and shall report the names and addresses of all persons to whom registration decals have been sold and such other information as may be requested on blanks to be furnished by the executive director.  All registrations sold at the department headquarters or any subagency thereof shall charge the same fee as outlined in this paragraph, and shall be credited to the fish and game fund.

3  Off Highway Recreational Vehicle; Registration.  Amend RSA 215-A:21, II to read as follows:

II.  Except as otherwise provided, no OHRV shall be operated in this state unless registered as provided in this chapter.  No registration shall be required for an OHRV operated solely on land owned or leased by the owner of the OHRV.  Except for temporary registrations under paragraph V, all OHRV registrations shall expire on [July 1] May 1 in each year.  The executive director shall collect a fee for each registration as provided in RSA 215-A:23.

4  Off Highway Recreational Vehicles and Trails; Registration Fees.  Amend RSA 215-A:23, IV and IV-a to read as follows:

IV.  Dealer registration- [$45.50] $75 for each plate.

(a)  The first [$20.80] $35 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VI.

(b)  From the balance, [$12.09] $20 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VII, and [$12.61] $20 shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.

IV-a.  Rental agency registration- [$75.40] $243 for each set of decals.

(a)  The first [$45.50] $143 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VI.

(b)  From the balance, [$14.43] $50 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VII, and [$15.47] $50 shall be appropriated to the department of fish and game for the purposes listed in paragraph VIII.

5  Off Highway Recreational Vehicle; Registration Fees.  Amend RSA 215-A:23, VI(b) to read as follows:

(b)(1)  Grants-in-aid shall be granted to OHRV clubs and political subdivisions for the construction and maintenance of public use OHRV trails and facilities.  The bureau shall make grants on such terms as it deems necessary and shall determine what trails and facilities shall be eligible.  Notwithstanding the provisions of this subparagraph, a landowner who grants permission for a grant-in-aid trail to be located on his or her property shall retain the right to establish the inclusive dates during which OHRV operation shall be permitted.  Use of trails on private land shall extend only to the specific type of OHRV and snowmobile permitted by the landowner.

(2)  Structures, including but not limited to bridges and culverts built or installed using grant-in-aid funds, shall remain the property of the grant-in-aid program, through the bureau of trails, for a period of not less than 7 years.  In the event a trail on private lands is closed to public OHRV use, the state, through the bureau of trails, may remove the structure from private lands within 180 days of notification of trail closure.

6  Snowmobiles; Definitions.  Amend RSA 215-C:1, II to read as follows:

II.  "Antique snowmobile" means a snowmobile owned by a resident of this state which is any of the following:

(a)  A snowmobile manufactured prior to the year [1969] 1995; or

(b)  [A snowmobile 25 or more years old; or

(c)]  An antique motor vehicle converted to travel over snow, manufactured prior to 1940.

7  Snowmobiles; Registration.  Amend RSA 215-C:36, II to read as follows:

II.  Except as otherwise provided, no snowmobile shall be operated in this state unless registered as provided in this chapter.  No registration shall be required for a snowmobile operated solely on land owned or leased by the owner of the snowmobile.  All snowmobile registrations shall expire on [July 1] May 1 in each year.  The executive director shall collect a fee for each registration as provided in RSA 215-C:39.

8  Snowmobiles; Registration Fees.  Amend RSA 215-C:39, I-VIII to read as follows:

I.  Individual resident registration-[$90] $122 for each snowmobile registration upon presentation of a valid driver's license issued to a New Hampshire resident 18 years of age or older.  An individual resident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay [$60] $92 for each snowmobile.

(a)  The first [$63.30] $82.30 for each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or [$33.30] $52.30 of each snowmobile registration registered by an individual who provides proof of membership in a snowmobile club as provided for in paragraph I of this section, shall be appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, [$13.70] $21.70 from each snowmobile registration shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and [$13] $18 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

II.  [Resident] Antique snowmobile permanent registration-[$46.50] $122 for each registration upon presentation of a valid [New Hampshire] driver's license issued to a person 18 years of age or older.  From each fee collected pursuant to this paragraph:

(a)  The first [$26.50] $82.30 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, [$10] $21.70 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and [$10] $18 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

(c)  Individuals registering an antique snowmobile, regardless of residency, shall pay a one-time registration fee pursuant to this paragraph.

III.  Individual nonresident registration-[$110] $142 for each snowmobile registration.  An individual nonresident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association, shall pay [$80] $112 for each snowmobile.

(a)  The first [$78.20] $99 of each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or [$48.20] $69 of each snowmobile registration registered by an individual who provides proof, at the time of registration, of membership as provided for in paragraph III of this section shall be appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, [$16] $23 from each snowmobile registration shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and [$15.80] $20 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

IV.  Dealer registration-[$45.50] $75 for each plate.

(a)  The first [$20.80] $35 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, [$12.09] $20 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and [$12.61] $20 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

V.  Rental agency registration-[$75.40] $243 for each set of decals.

(a)  The first [$45.50] $143 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, [$14.43] $50 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and [$15.47] $50 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

VI.  Registration after transfer as provided in RSA 215-C:37-$17.50.

(a)  The first $10.50 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, $3.50 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $3.50 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

VII.(a)  Any funds appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program shall be kept in a separate account and shall not be used for any other purpose.  The corresponding registration fee moneys allocated to the bureau's grant-in-aid program under paragraphs I and III shall be deposited in the account.  Moneys in the account may only be used for grant-in-aid projects that benefit the ridership of snowmobiles.  Any unexpended balance in said account shall not lapse, but shall be carried forward to the next fiscal year.  [From each registration fee collected under this section, $6.70 shall be used for the sole purpose of purchasing trail grooming equipment.] All [remaining] funds shall be used for trail maintenance, construction, and the purchase of grant-in-aid equipment.

(b)(1) Grants-in-aid shall be granted to snowmobile clubs and political subdivisions for the purchase of equipment and the construction and maintenance of public use snowmobile trails and facilities.  The bureau shall make grants on such terms as it deems necessary and shall determine what trails and facilities shall be eligible.  Notwithstanding the provisions of this subparagraph, a landowner who grants permission for a grant-in-aid trail to be located on his or her property shall retain the right to establish the inclusive dates during which snowmobile operation shall be permitted.  Use of trails on private land shall extend only to the specific type of snowmobile and OHRV permitted by the landowner.

(2)  Structures, including but not limited to bridges and culverts built or installed using grant-in-aid funds, shall remain the property of the grant-in-aid program, through the bureau of trails, for a period of not less than 7 years.  In the event a trail on private lands is closed to public snowmobile use, the state, through the bureau of trails, may remove the structure from private lands within 180 days of notification of trail closure.

(c)  All revenue appropriated in this paragraph shall be in addition to any other funds appropriated to the grant-in-aid program of the bureau of trails.  Such revenue is hereby continually appropriated to the department of natural and cultural resources for the purposes of this paragraph.

VIII.  Funds appropriated to the department of natural and cultural resources for administration of the bureau shall be used for the following purposes:

(a)  Publications.

(b)  Trail maintenance and acquisition.

(c)  Land purchases, easements, rights-of-way, and new construction of trails.

(d)  Snowmobile facilities.

(e)  [From the amount collected from each individual registration fee, $4 shall be used by the bureau for the purposes of purchasing trail maintenance equipment or paying trail maintenance expenses.  These funds shall be kept in a separate account and shall be used and appropriated solely for these purposes.

(f)]  Such other purposes as may be budgeted within the limits of the funds available.  Any unexpended balance in said accounts shall not lapse, but shall be carried forward to the next fiscal year.

9  Snowmobiles; Registration Fees; Effective May 1, 2023.  RSA 215-C:39, I-III are repealed and reenacted to read as follows:

I.  Individual resident registration- $143 for each snowmobile registration upon presentation of a valid driver's license issued to a New Hampshire resident 18 years of age or older.  An individual resident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association shall pay $113 for each snowmobile.

(a)  The first $103.30 for each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or $73.30 of each snowmobile registration registered by an individual who provides proof of membership in a snowmobile club as provided for in paragraph I of this section, shall be appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, $21.70 from each snowmobile registration shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $18 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

II.  Antique snowmobile permanent registration- $143 for each registration upon presentation of a valid driver's license issued to a person 18 years of age or older.  From each fee collected pursuant to this paragraph:

(a)  The first $93 shall be appropriated to the department of natural and cultural resources for administration of the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, $25 shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $25 shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

(c)  Individuals registering an antique snowmobile, regardless of residency, shall pay a one-time registration fee pursuant to this paragraph.

III.  Individual nonresident registration- $153 for each snowmobile registration.  An individual nonresident registering a snowmobile who provides proof, at the time of registration, that the individual is a member of an organized New Hampshire nonprofit snowmobile club which is a member of the New Hampshire Snowmobile Association, shall pay $123 for each snowmobile.

(a)  The first $107.20 of each snowmobile registration registered by an individual who does not, at the time of registration, provide proof of membership in an organized New Hampshire nonprofit snowmobile club, or $77.20 of each snowmobile registration registered by an individual who provides proof, at the time of registration, of membership as provided for in paragraph III of this section shall be appropriated to the department of natural and cultural resources for the bureau's grant-in-aid program pursuant to paragraph VII.

(b)  From the balance, $23.50 from each snowmobile registration shall be appropriated to the department of natural and cultural resources for administration of the bureau for the purposes listed in paragraph VIII, and $22.30 from each snowmobile registration shall be appropriated to the department of fish and game for the purposes listed in paragraph IX.

10  Snowmobiles; Reciprocity.  Amend RSA 215-C:47, I to read as follows:

I.  [A snowmobile which is registered in Vermont, Maine, or Quebec shall be deemed to be properly registered for the purposes of this chapter if it is registered in accordance with the laws of the state or province in which it is registered, but only to the extent that a reciprocal exemption or privilege is granted under the laws of that state or province for snowmobiles registered in this state. For the purpose of this section, the executive director shall determine the extent of the privilege of operation granted by Vermont, Maine, and Quebec and, when necessary, adopt rules and charge fees to achieve a true reciprocity.] The executive director may allow snowmobiles registered in another state or a Canadian province to operate in this state for up to 3 consecutive days during the winter.  A snowmobile which is legally registered to operate in another state or province shall be deemed legally registered in this state for such period of time.  The executive director shall coordinate the dates of this open weekend with the bureau of trails.  The executive director's determination shall be final.

11  New Section; Snowmobiles; Snowmobile Program Advisory Commission Established.  Amend RSA 215-C by inserting after section 57 the following new section:

215-C:58  Snowmobile Program Advisory Commission.   

I.  The state of New Hampshire contains approximately 7,000 miles of publicly available snowmobile trails.  The development and maintenance of this trail network is predominantly done by volunteer not-for-profit snowmobile clubs, utilizing a combination of public and private lands.  Funding for trail development, maintenance and purchasing of trail grooming equipment is provided by registration fees of snowmobiles.  The rising costs of trail maintenance equipment and materials for trail development continue to rise and concerns for future management and existence of the trail system increase each year.  The financial viability of these trails, and the local clubs, is vital to the positive economic impacts this sport has to the state.

II.  There is hereby established the snowmobile program advisory commission.  The advisory commission shall be comprised of the following members:

(a)  One member of the senate, appointed by the president of the senate.

(b)  Two members of the house of representatives, one of whom shall be from the transportation committee and one of whom shall be from the resources, recreation and development committee, appointed by the speaker of the house of representatives.

(c)  The commissioner of the department of business and economic affairs, or designee.

(d)  The executive director of the fish and game department, or designee.

(e)  The chief supervisor of the bureau of trails, department of natural and cultural resources.

(f)  One member of the New Hampshire Snowmobile Association, appointed by the association.

(g)  One member of the New Hampshire Auto Dealers Association, appointed by the association.

(h)  One member from the New Hampshire Hotel, Lodging and Restaurant Association, appointed by the association.

III.  The advisory commission shall:

(a)  Study the impacts of the snowmobile registration fee increase, which takes effect on May 1, 2020, on resident and non-resident registrations in New Hampshire, Vermont, and Maine, independent of the correlation of snowfall on the registrations.

(b)  Study all existing and projected costs associated with the operation and maintenance of the New Hampshire snowmobile trail system and determine whether further registration fee adjustments, which were approved in SB 187 in the 2019 legislative session, continue to be warranted, and if not, to recommend new legislation to address such issues identified.  

(c)  Study whether partial state funding of the snowmobile trail system is necessary or prudent to maintain a registration fee advantage over surrounding states, and to mitigate, to the maximum extent possible, potential loss of participation by resident snowmobile registrants due to possible higher registration fees.

(d)  Determine if partial state funding is necessary or prudent, recommend whether additional sources funding are necessary, and determine for how long such additional sources of funding would be necessary.

(e)  Review and make recommendations about the existing snowmobile grant-in-aid program.

(f)  Study any other issues the commission deems relevant to the long-term sustainability of the snowmobile industry and trails in New Hampshire.  

(g)  Solicit input from, but not limited to, registration agents, snowmobile clubs, snowmobile dealers, landowners that permit public trails on their lands, general snowmobile riding public and public agencies.  

IV.  The commissioner of the department of business and economic affairs shall be the chairperson of the advisory commission.  The vice chairperson shall be one of the legislative members of the advisory commission.  Five members of the advisory commission shall constitute a  quorum.

V.  The chairperson of the advisory commission shall call the first meeting within 90 days of the effective date of this section.

VI.  The advisory commission shall issue an interim report on or before November 1, 2021 and a final report on or before November 1, 2022 to the president of the senate, the speaker of the house of representatives, and the governor.

12  Repeal.  The following are repealed:

I.  RSA 215-A:21, X, relative to 14-month registration for OHRVs.

II.  RSA 215-A:23, VII(e), relative to a portion of OHRV registration fees used for the purchase of trail maintenance equipment or paying trail maintenance expenses.

III.  RSA 215-C:58, relative to the snowmobile program advisory commission.

13  Effective Date.  

I.  Sections 1, 3, 4, 6-8, and paragraph I of section 12 of this act shall take effect May 1, 2020.

II.  Sections 5, 10, and paragraph II of section 12 of this act shall take effect July 1, 2019.

III.  Paragraph III of section 12 of this act shall take effect November 1, 2022.

IV.  Sections 2 and 9 of this act shall take effect May 1, 2023.

V.  The remainder of this act shall take effect upon its passage.

 

LBAO

19-1077

Amended 5/2/19

 

SB 187- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENTS #2019-1164s and #2019-1211s)

 

AN ACT relative to OHRV dealer and rental agency registration fees and snowmobile registration fees.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$1,570,000

$1,570,000

$1,570,000

$1,570,000

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Fish and Game Fund, OHRV and Snowmobile Fund

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill, as amended, does the following: increases the registration fees for Off-Highway Recreation Vehicle (OHRV) dealers and rental agencies, and for snowmobiles; repeals the 14 month registration for OHRVs; amends the definition of antique snowmobiles and makes the registration fee one-time; allows an open weekend for the operation of snowmobiles from other states and Canadian provinces; and establish a snowmobile program advisory commission.

 

The Fish and Game Department and Department of Natural and Cultural Resources (DNCR) used existing registration data in projecting the increase in revenue as a result of this bill and made the following assumptions:

  • fee increases made in May 1, 2023 will have no impact on FY 2023 revenue;
  • the change to a one-time registration fee for antique snowmobiles will have no impact on registrations in the fiscal year to follow and estimated antique snowmobile revenue will increase by approximately $50,000 for each fiscal year due to this bill;
  • the increase in fees for FY 2020 will have no impact on the number of registrations;
  • the repeal of the 14 month registration for OHRVs will have no impact on revenue; and
  • the open weekend for snowmobiles from other states and Canadian Provinces will have no impact on either Department directly, but may result in an indeterminable increase to road toll revenue and meal and rental tax revenue due to the influx of tourists.

 

Amendments to fees in this bill are based on the above assumptions and current registration data provided by both departments, additional revenue is estimated to be allocated for the following purposes in each fiscal year:

Department

Dedicated Purpose

Net Increase in Revenue

Fish & Game

Nearly all new revenue to the Fish and Game Department, as a result of this bill, will be dedicated for OHRV and Snowmobile law enforcement, training programs, and registration activities.  However, an estimated $2,500 will be deposited as unrestricted revenue.

$230,000

Natural & Cultural Resources

These estimated monies are allocated to the Department’s Grant-in-aid program to improve OHRV and snowmobiles trails.

$960,000

Natural & Cultural

Resources

These estimated monies are allocated to the Bureau of Trails within the Department for the maintenance and administration of OHRV and Snowmobile trails.

$380,000

Total

$1,570,000

 

Both Departments anticipate any increase in revenue would be allocated to OHRV and Snowmobile program operations and result in an equivalent increase in expenditures.  The Fish and Game Department estimates some increased cost for computer reprogramming may occur, but the amount is indeterminable.

 

Local government revenue and expenditures will be impacted by an indeterminable amount depending on two factors: 1) the local government operating an OHRV or snowmobile trail may be eligible for the DNCR grant-in-aid program; and 2) the local governments registered as fish and game agents would see an increase in revenue as result of the agent fee increasing from $3 to $4.

 

AGENCIES CONTACTED:

Department of Natural and Cultural Resources and Fish and Game Department