No. 42372 (Amendment): Rule R657-67. Utah Hunter Mentoring Program

(Amendment)

DAR File No.: 42372
Filed: 12/11/2017 11:37:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

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 protected wildlife, including all big game general season permits, big game limited entry permits, once-in-a-lifetime permits, all antlerless big game permits, bear, and cougar.

Summary of the rule or change:

This rule revision expands the mentoring opportunities to include more than big game species, cougar, bear, and turkey are now included. This amendment also removes the restriction that the Qualifying Minor must be the child, stepchild, grandchild, or legal ward of the Hunting Mentor, instead the Qualifying Minor does not need to be related. Additionally, this rule amendment will allow for up to four qualifying youth to be listed on the Certificate of Registration per Hunting Mentor.

Statutory or constitutional authorization for this rule:

• Section 23-14-1
• Section 23-14-18
• Section 23-19-1
• Section 23-14-3
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

The Division of Wildlife Resources (DWR) has determined that these amendments do not create a cost impact to the state budget or DWR's budget.

local governments:

This rule does not create any direct cost or savings to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

This rule does not create any direct cost or savings to small businesses because they are not directly affected by the rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from them.

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

This rule has the potential to create a cost savings to those participating in the program. Under these proposed rule amendments, the Certificate of Registration fee will be $10 and can include up to 4 youth hunters. Previously, the program would have allowed for only 1 youth hunter at a time with a $10 fee to change the hunter. Approximately 800 individuals participate in the Mentoring program each year. There is no additional fees (aside from the cost of the Certificate of Registration) associated with this program, therefore, DWR has determined that these amendments could create a minimal cost impact to Utah residents wishing to participate in the program.

Compliance costs for affected persons:

DWR has determined that these rule revisions have the potential to create a minimal cost impact to individuals who participate in the program.

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

After conducting a thorough analysis, it was determined that these rule amendments will not result in a fiscal impact to 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:

01/31/2018

This rule may become effective on:

02/07/2018

Authorized by:

Mike Fowlks, Deputy 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]protected wildlife.

 

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]protected wildlife in Utah and who is 21 years of age or older [when the big game animal is taken]at the time of application for the Mentor Program.

(3) "Qualifying Minor" means a Utah Resident who is under 18 [when engaged in a hunting related activity, and]at the time of application for the Mentor Program and who is otherwise eligible to lawfully hunt.

[(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 to hunt protected wildlife or Division-issued authorization to share such 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]protected wildlife 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]b) The Hunting Mentor receives prior written approval by the Division authorizing the sharing of the permit;

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

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

([g]f) Both the Hunting Mentor and the Qualifying Minor otherwise comply with all laws, rules, and regulations governing the taking of [big game]protected wildlife 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 Hunting Mentor may name up to four individuals to mentor under a single permit.

(4)(a) 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]only share one permit for each species[.] and sex of

protected wildlife per hunt year.

([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.]b) A bobcat permit may only be shared under the Mentor Program if permit quotas are capped under the Bobcat Management Plan.

[(5) A Hunting Mentor may only share their permit with one Qualifying Minor at a time.](c) A Qualifying Minor may not share a swan or sandhill crane permit possessed by a Hunting Mentor.

(5)(a) A Qualifying Minor may simultaneously possess a permit and share a permit for the same species and sex of protected wildlife.

(b) A Qualifying Minor simultaneously possessing a permit and an authorization to share a permit for the same species and sex of protected wildlife may harvest under both wildlife documents.

 

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

(1) The Hunting Mentor shall submit a complete application for participation in the [mentor program]Mentor Program and receive the Division's written authorization prior to sharing a permit.

(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]Minors;

(d) [The]Each 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]must possess the Division-issued authorization to share in the use of the Hunting Mentor's permit[;].

(2) [Both the]A Hunting Mentor may only mentor one Qualifying Minor in the field at a time.

(3) Only one 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]4) [Big game]Protected wildlife 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]5) Take limitations and bag limits apply based upon the permit issued, and the issuance of written authorization to share the permit does not confer additional rights to take [big game]protected wildlife.

 

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: [July 8, 2014]2018

Authorizing, and Implemented or Interpreted Law: 23-14-1; 23-14-3; 23-14-18; 23-14-19; 23-19-1.

---