No. 38172 (New Rule): Rule R657-67. Utah Hunter Mentoring Program

(New Rule)

DAR File No.: 38172
Filed: 12/10/2013 01:14:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this rule is to establish a hunting mentor program that will increase hunting opportunities for Utah families and provide the procedures under which a minor child may share the permit of another to take big game, including all big game general season permits, big game limited entry permits, once-in-a-lifetime permits, and all antlerless big game permits.

Summary of the rule or change:

This rule sets the criteria for which the Utah Hunter Mentoring program will be established and operated.

State statutory or constitutional authorization for this rule:

• Section 23-14-3
• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This new rule outlines the criteria for the Utah Hunter Mentoring program and establishes the criteria for which it will be administered under. The Division of Wildlife Resources (DWR) determines that these amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

This new rule outlines the criteria for the Utah Hunter Mentoring program and establishes the criteria for which it will be administered under. Local governments will not be directly or indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

Since this new rule outlines the criteria for the Utah Hunter Mentoring program and establishes the criteria for which it will be administered under and does not incur an additional cost to participate, this filing does not have the potential to create a direct cost or savings impact to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Since this new rule outlines the criteria for the Utah Hunter Mentoring program and establishes the criteria for which it will be administered under and does not incur an additional cost to participate, this filing does not have the potential to create a direct cost or savings impact to other persons.

Compliance costs for affected persons:

DWR determines that this new rule will not create a cost or savings impact to individuals in Utah wishing to participate in the Utah Hunter Mentoring program.

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:

01/31/2014

This rule may become effective on:

02/07/2014

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-67. Utah Hunter Mentoring Program.

R657-67-1. Purpose and Authority.

Under the authority of Utah Code Annotated Sections 23-14-1, 23-14-3, 23-14-18, 23-14-19, and 23-19-1, this rule creates a hunting mentor program that will increase hunting opportunities for Utah families and provides the procedures under which a minor child may share the permit of another to take big game, including all big game general season permits, big game limited entry permits, once-in-a-lifetime permits, and all antlerless big game permits.

 

R657-67-2. Definitions.

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

(2) "Hunting Mentor" means a Resident or Nonresident individual possessing a valid permit issued by the Division to take a big game animal in Utah and who is 21 years of age or older when the big game animal is taken.

(3) "Qualifying Minor" means a Utah Resident who is under 18 when engaged in a hunting related activity, and

(i) is the child, stepchild, grandchild, or legal ward of the Hunting Mentor; or

(ii) is suffering from a life threatening medical condition.

(4) "Wildlife document" means a big game permit or Division-issued authorization to share a big game permit.

 

R657-67-3. Requirements for Sharing Permits.

(1) A Hunting Mentor may lawfully share a permit with a Qualifying Minor, and a Qualifying Minor may lawfully take big game authorized by the Hunting Mentor's permit, if the following conditions are satisfied:

(a) The Qualifying Minor is at least 12 years of age when hunting;

(b) The Qualifying Minor has successfully completed a Hunter's Education Program recognized by the Division and possesses a Utah Hunter's Education number;

(c) The Hunting Mentor receives prior written approval by the Division authorizing the sharing of the permit;

(d) The Hunting Mentor receives no form of compensation or remuneration for sharing the permit with the Qualifying Minor;

(e) The Hunting Mentor accompanies the Qualifying Minor while hunting at a distance where the Hunting Mentor can communicate in person with the Qualifying Minor by voice or hand signals;

(f) The Hunting Mentor provides advice, assistance, and mentoring on sportsman ethics, techniques, and safety to the Qualifying Minor; and

(g) Both the Hunting Mentor and the Qualifying Minor otherwise comply with all laws, rules, and regulations governing the taking of big game as authorized by the permit.

(2) A Qualifying Minor does not need to possess a valid hunting or combination license to participate in the mentor program.

(3) A Qualifying Minor may not simultaneously possess a permit for an antlered big game animal and share a permit for an antlered big game animal of the same species.

(4) A Qualifying Minor may not simultaneously share the permits of two or more Hunting Mentors if those permits are for the same antlered big game species.

(5) A Hunting Mentor may only share their permit with one Qualifying Minor at a time.

 

R657-67-4. Administrative Process for Sharing Permits.

(1) The Hunting Mentor shall submit a complete application for participation in the mentor program at least 10 business days before the requested effective date.

(2) A complete application for the mentor program includes the following:

(a) A handling fee as established by the Utah Legislature;

(b) The Permit Number that is to be shared;

(c) A physically identifying description of the Qualifying Minor;

(d) The Qualifying Minor's hunter education number;

(e) Written certification(s) of the following:

(i) That the Qualifying Minor is the child, stepchild, grandchild, or legal ward of the Hunting Mentor; or

(ii) That the Qualifying Minor has a life threatening medical condition; and the Hunting Mentor must also certify that they have received written authorization from the Qualifying Minor's parent or legal guardian approving their participation in the hunting activity; and

(f) any wildlife document(s) that must be surrendered in order to qualify for the Hunter Mentoring Program.

(3) If a Qualifying Minor must surrender a wildlife document in order to qualify for the Mentor Program, that surrender must be done prior to or at the time of their application to the Utah Hunter Mentoring Program as described in R657-67-6.

(4) If a Hunting Mentor wishes to change the Qualifying Minor with whom they share their permit, they must:

(a) Surrender the authorization issued to the Qualifying Minor by the Division;

(b) Reapply with the Division to have a new Qualifying Minor participate in the mentor program in the same manner as described in this Section.

 

R657-67-5. Sharing the Permit in the Field.

(1) While in the field, the Hunting Mentor must possess the following:

(a) All written certifications submitted to the Division for the Qualifying Minor's participation in the mentor program;

(b) If the Hunting Mentor is not the Qualifying Minor's parent or legal guardian, the Hunting Mentor must also certify that they have received written authorization from the Qualifying Minor's parent or legal guardian approving their participation in the hunting activity; and

(c) The authorization issued by the Division allowing the Qualifying Minor to share in the use of the Hunting Mentor's permit;

(2) Both the Qualifying Minor and the Hunting Mentor may carry a legal weapon in the field if they have satisfied the requirements to participate in the Mentoring Program.

(3) Big game taken by a Qualifying Minor shall be tagged with the Hunting Mentor's permit in the same manner as if the Hunting Mentor was the individual taking the animal.

(4) Only one big game animal may be taken under a shared permit, and the issuance of written authorization to share the permit does not confer additional rights to take big game.

 

R657-67-6. Variances, Surrenders, Refunds, Special Accommodations, and Administrative Details.

(1) The surrender of a wildlife document shall generally be in accordance with R657-42-4.

(2) Notwithstanding R657-42-4, a Qualifying Minor may surrender a wildlife document in their possession as part of their application to participate in the Hunter Mentoring Program, consistent with the following:

(a) the timeframe for a Qualifying Minor to surrender a permit is defined in this Section;

(b) A Qualifying Minor may surrender a wildlife document obtained as part of a group application and have their bonus points or preference points reinstated and waiting period waived without requiring all group members to also surrender their permits; and

(c) A Qualifying Minor who wishes to surrender a wildlife document after the opening day of that hunt may only do so if:

(i) they did not hunt under the authorization of that wildlife document; and

(ii) their legal guardian submits a signed affidavit certifying that the Qualifying Minor did not hunt under that wildlife document.

(4) All variances, refunds, and accommodations for people with disabilities shall be based on the type of permit that is shared and the individual using the wildlife document.

(5) All bonus points, reference points, and waiting periods shall be assessed to the Hunting Mentor.

 

KEY: wildlife, game laws, hunter education

Date of Enactment or Last Substantive Amendment: 2014

Authorization, and Implementing or Interpreted Law: 23-14-1; 23-14-3; 23-14-18; 23-14-19; 23-19-1

 

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