No. 42376 (Amendment): Rule R657-9. Taking Waterfowl, Wilson's Snipe and Coot

(Amendment)

DAR File No.: 42376
Filed: 12/11/2017 11:49:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources' (DWR) waterfowl program.

Summary of the rule or change:

The proposed revisions to this rule add the definition of "motorized vehicle" to Section R657-9-12.

Statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This amendment only adds a definition to help clarify a motorized vehicle. Therefore, DWR has determined that this amendment does not create a cost or savings to the state budget or DWR's budget, since the changes will not increase the workload and can be carried out with the existing budget.

local governments:

Since this amendment has minimal impact on individual hunters and no impact on local governments, DWR finds that this filing does not create any direct cost or savings to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

Since this amendment has minimal impact on individual hunters and no impact on small businesses, DWR finds that this filing does not create any direct cost or savings to small businesses. 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 amendment only adds a definition for motorized vehicle. Therefore, the amendment does not have the potential to generate a cost or savings to sportsmen or other persons.

Compliance costs for affected persons:

DWR has determined that this amendment will not create additional costs for those who participate in wildlife-related activities in Utah.

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

After conducting a thorough analysis, it was determined that this proposed rule amendment 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.

R657-9. Taking Waterfowl, Wilson's Snipe and Coot.

R657-9-11. Airboats.

(1) Air-thrust or air-propelled boats and personal watercraft are not allowed in designated parts of the following areas for the purposes of waterfowl [management or federal refuge areas]hunting:

(a) Box Elder County: Box Elder Lake, Bear River, that part of Harold S. Crane within one-half mile of all dikes and levees, Locomotive Springs, Public Shooting Grounds and Salt Creek, that part of Bear River Migratory Bird Refuge north of "D" line dike, and outside Units 1, 3, 4 and 5 as posted.

(b) Daggett County: Brown's Park

(c) Davis County: Howard Slough, Ogden Bay and Farmington Bay within diked units or as posted

(d) Emery County: Desert Lake

(e) Millard County: Clear Lake, Topaz Slough

(f) Tooele County: Timpie Springs

(g) Uintah County: Stewart's Lake

(h) Utah County: Powell Slough

(i) Wayne County: Bicknell Bottoms

(j) Weber County: Ogden Bay within diked units or as posted and the portion of Harold S. Crane Waterfowl Management Area that falls within the county line.

(2) "Personal watercraft" means a motorboat that is:

(a) less than 16 feet in length;

(b) propelled by a water jet pump; and

(c) designed to be operated by a person sitting, standing or kneeling on the vessel, rather than sitting or standing inside the vessel.

 

R657-9-12. Motorized Vehicle Access.

(1) "Motorized vehicle" for the purposes of this section means a vehicle that is self-propelled or possesses the ability to be self-propelled. This does not include vehicles moved solely by human power, motorized wheelchairs, an electric personal assisted mobility device, or an electric assisted bicycle.

(2) Motorized vehicle travel is restricted to county roads, improved roads and parking areas.

([2]3) Off-highway vehicles are not permitted on state waterfowl management areas, except as marked and posted open.

([3]4) Off-highway vehicles are not permitted on Bear River Migratory Bird Refuge.

([4]5) Motorized boat use is restricted on waterfowl management areas as specified in the guidebook of the Wildlife Board for taking waterfowl, Wilson's snipe and coot.

 

KEY: wildlife, birds, migratory birds, waterfowl

Date of Enactment or Last Substantive Amendment: [March 13, 2017]2018

Notice of Continuation: August 1, 2016

Authorizing, and Implemented or Interpreted Law: 23-14-19; 23-14-18; 50 CFR part 20

---