No. 41098 (Amendment): Rule R657-62. Drawing Application Procedures

(Amendment)

DAR File No.: 41098
Filed: 12/15/2016 08:34:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Wildlife Board meetings conducted for taking public input and reviewing the division's drawing application process.

Summary of the rule or change:

This rule is being amended to change the process in the drawings when preference points are used. The new process would evaluate applicants' first hunt choice first, beginning with the applications with the greatest number of preference points, then applicants second hunt choice, and so forth. In addition, a person would lose the preference points if that person draws out for a general season buck deer permit, regardless of the hunt choice drawn out on (1st to 5th).

Statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This rule amendment alters a process already in place and does not create a cost or savings to the division. Therefore, 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:

Since this amendment alters an existing process, this filing does not create any direct cost or savings impact to local governments, since 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:

This amended rule will alter the structure for using preference points in a division drawing. The Division has determined that it would not generate a cost or saving impact to small businesses.

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

This amended rule will alter the structure for using preference points in a division drawing. The Division has determined that it would not generate a cost or saving impact to other persons.

Compliance costs for affected persons:

This amended rule will alter the structure for using preference points in a division drawing. DWR determines that this amendment will not create a cost or savings impact to individuals who participate in hunting in Utah.

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 Office 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:

01/31/2017

This rule may become effective on:

02/07/2017

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-62. Drawing Application Procedures.

R657-62-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, the Wildlife Board has established this rule for drawing applications and procedures.

(2) Specific season dates, bag and possession limits, areas open, number of permits and other administrative details that may change annually are published in the respective guidebooks of the Wildlife Board.

 

R657-62-9. Preference Points.

(1) Preference points are used in the applicable drawings to ensure that applicants who are unsuccessful in the drawing will have first preference in the next year's drawing.

(2)(a) A preference point is awarded for:

(i) each valid, unsuccessful application[of the first-choice hunt when] applying for a general buck deer[permit; or

(ii) each valid unsuccessful application when applying for an], antlerless deer, antlerless elk, doe pronghorn, Sandhill Crane, Sharp-tailed grouse, Greater sage grouse or Swan permit; or

([iii]ii) each valid application when applying only for a preference point in the applicable drawings.

(b) Preference points are awarded by species for:

(i) general buck deer;

(ii) antlerless deer;

(iii) antlerless elk;

(iv) doe pronghorn;

(v) Sandhill Crane;

(vi) Sharp-tailed Grouse;

(vii) Greater sage grouse; and

(viii) Swan.

(3)(a) A person may not apply in the drawing for both a preference point and a permit for the species listed in (2)(b).

(b) A person may not apply for a preference point if that person is ineligible to apply for a permit.

(c) Preference points shall not be used when obtaining remaining permits.

(4) Preference points for the applicable species are forfeited if[:

(a) ] a person obtains a[first-choice hunt] general buck deer[permit through the drawing;

(b) a person obtains an], antlerless deer, antlerless elk, doe pronghorn, Sandhill Crane, Sharp-tailed grouse, Greater sage grouse or Swan permit through the drawing[;].

(5) Preference points are not transferable.

(6) Preference points are averaged and rounded down when two or more applicants apply together on a group application.

(7)(a) Preference points are tracked using social security numbers or division-issued customer identification numbers.

(b) The division shall retain copies of electronic applications from 2000 to the current applicable drawings for the purpose of researching preference point records.

(c) Any requests for researching an applicant's preference point records must be submitted within the time frames provided in Subsection (b).

(d) Any preference points on the division's records shall not be researched beyond the time frames provided in Subsection (b).

(e) The division may eliminate any preference point obtained by fraud, deceit, misrepresentation, or in violation of law.

 

KEY: wildlife, permits

Date of Enactment or Last Substantive Amendment: [March 16, 2015]2017

Notice of Continuation: April 14, 2014

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19

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