No. 30828 (Amendment): R657-23. Utah Hunter Education Program

DAR File No.: 30828
Filed: 12/13/2007, 06:53
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to remove the provision that the Division of Wildlife will offer a home study hunter education course and will instead offer an online course. The amendments also outline the criteria for becoming a Utah Hunter Education Instructor.

Summary of the rule or change:

Definitions for "Practical exercise and testing day" and "Trainer" were added for clarification. Section R657-23-3 is amended to reflect the minimum requirements for successfully completing an online hunter education course. Section R657-23-5 is amended to reflect the criteria for becoming a certified hunter education instructor.

State statutory or constitutional authorization for this rule:

Section 23-19-11

Anticipated cost or savings to:

the state budget:

This rule is being amended to remove the provision that the Division of Wildlife Resources (DWR) will offer a home study course and will in its place offer an online course. It also defines the criteria for successfully completing the course as well as becoming a hunter education instructor. DWR determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses and persons other than businesses:

This rule is being amended to remove the provision that DWR will offer a home study course and will in its place offer an online course. It also defines the criteria for successfully completing the course as well as becoming a hunter education instructor. Therefore, this amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment allows more opportunity for hunters to complete an approved Utah hunter education course or to certify as a Utah Hunter Education Instructor. There are not any additional compliance costs associated with this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to this rule do not create an impact on businesses. Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2008

This rule may become effective on:

02/07/2008

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-23. Utah Hunter Education Program.

R657-23-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2.

(2) In addition:

(a) "Approved hunter education course" means any hunter education course that qualifies a person to receive a resident hunting license in the state, province, or country in which the hunter education course is offered.

(b) "Authorized division representative" means a volunteer hunter education instructor who has been approved by the division to issue duplicate blue cards.

(c) "Blue Card" means the certificate of completion issued by the division for having passed a Utah hunter education course or an approved hunter education course.

(d) "Certificate of completion" means a card, certificate, or other document issued by the wildlife agency of a state, province, or country, and signed by a hunter education instructor, verifying successful completion of an approved hunter education course.

(e) "[Field]Practical exercise and testing day" means a student has successfully completed the hunter education course online and shall participate in taking a written test, a practical shooting test, and instruction on firearms safety and hunter responsibility during a minimum of five hours with a hunter education instructor.

(f) ["Home study hunter education course"]"Trainer" means a volunteer hunter education [course that is offered to a person 18 years of age or older and is completed at home substituting seven hours of the minimum 12 hours classroom requirement and is taken through the division's home study workbook.]instructor or Division employee who has been certified by the division to train hunter education instructors.

(g) "Instructor" means a volunteer hunter education instructor or division employee who has been certified by the division to teach the hunter education program to students.

(h) "Online hunter education course" means a hunter education course that is completed online substituting the minimum 12 hours classroom requirement, and is taken through the division's Internet address.

(i) "Student" means a person who is registered in a hunter education course being taught by a certified hunter education instructor.

(j) "Traditional hunter education course" means a hunter education course that is a minimum of 12 classroom hours, a written test and a practical shooting test.

 

R657-23-3. Hunter Education Required.

(1)(a) To obtain a hunting license, any person born after December 31, 1965, must present proof of having passed a division approved hunter education course.

(b) A person may take a hunter education course offered by the division as provided in Subsection (2), (3), or (4).

(2) Completion of a traditional hunter education course requires students to:

(a) [attend the minimum 12-hour classroom course;]purchase a hunter education voucher from a Division authorized licensed vendor;

(b) attend the minimum 12-hour classroom course;

(c) behave in a safe and responsible manner in class;

(d) obtain a passing score of at least 75% on a written test; and

([b) behave in a safe and responsible manner in class;

(c) obtain a passing score of at least 75% on a written test; and

(d)]e) obtain a passing score of at least 50% on a shooting practical test.

[ (3) Completion of the home study hunter education course requires students to:

(a) complete the hunter education home study workbook;

(b) attend two classes for a minimum of five hours of classroom instruction within a five-week period;

(c) behave in a safe and responsible manner while attending the class;

(d) obtain a passing score of at least 75% on a written test; and

(e) obtain a passing score of at least 50% on a shooting practical test.

] ([4]3) Completion of the online hunter education course requires students to:

[(a) preregister for the field day by submitting the registration form and hunter education fee to the division through the division's Internet address;](a) purchase a hunter education voucher from a Division authorized licensed vendor.

(b) pre-register for the field day by contacting the instructor by mail, e-mail or telephone;

([b]c) comprehensively read each chapter of the online workbook, and complete and obtain a passing score of at least 80% of each quiz that is provided after each chapter of the workbook;

([c]d) behave in a safe and responsible manner while attending the field day;

([d]e) obtain a passing score of at least 75% on a written test; and

([e]f) obtain a passing score of at least 50% on a shooting practical test.

([5]4)(a) The division[, through the instructor,]will issue[s] a Blue Card to each individual who successfully completes the hunter education course.

(b) A Blue Card shall not be issued to a person who has not successfully completed the hunter education requirements.

(6) The division shall accept other states, provinces, and countries criteria and qualifications for their respective courses, which meet or exceed the International Hunter Education Association hunter education standards.

 

R657-23-5. Hunter Education Instructor Training.

(1) A person must be 21 years of age or older to become a certified hunter education instructor.

(2) Completion of a hunter education instructor course requires a person to:

[(a) attend the 18 hour classroom course;]EITHER

(a) attend the 18 hour classroom course conducted by a trainer;

(b) pass a criminal background check according to Division policy W-6-LAW-15;

(c) obtain a passing score of at least 80% on a written test; and

(d) obtain a passing score of at least 50% on a shooting practical test.

OR

(a) Complete the Division's online instructor course.

(b) [pass]Pass a criminal background check according to Division policy W-6-LAW-15;

(c) Attend a 6 hour workshop conducted by a trainer.

([c]d) [obtain]Obtain a passing score of at least 75% on a written test; and

([d]e) [obtain]Obtain a passing score of at least 50% on a shooting practical test.

(3) The division shall issue a hunter education instructor card to each individual who successfully completes the hunter education instructor course.

 

KEY: wildlife, game laws, hunter education

Date of Enactment or Last Substantive Amendment: [January 18, 2006]2008

Notice of Continuation: December 6, 2007

Authorizing, and Implemented or Interpreted Law: 23-19-11