No. 28263 (New Rule): R657-56. Recreational Lease of Private Lands for Free Public Walk-in Access

DAR File No.: 28263
Filed: 09/29/2005, 05:19
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being proposed pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input. The purpose of this rule is to provide the standards, procedures and requirements necessary to administer a three-year walk-in access pilot program to compensate private landowners for a recreational lease of their property to allow free public walk-in access for fishing, hunting, and trapping. In addition, the Appropriations Act (S.B. 1, Item 188) which was proposed during the 2004 Legislative Session and signed by the Governor on 03/23/2004, provided the following intent language: It is the intent of the Legislature that the Habitat Council and the Blue Ribbon Fisheries Advisory Council advise the division director and recommend expenditure of resources toward a three-year pilot walk-in access program. (DAR NOTE: S.B. 1 (2004) is found at UT L 2004 Ch 256, and was effective 07/01/2004.)

 

Summary of the rule or change:

This rule provides the standards, procedures, and requirements to administer a three-year walk-in access pilot program in the Northern Region of the Division of Wildlife Resources (DWR) to compensate private landowners for a recreational lease of their property to allow free public walk-in access for fishing, hunting, and trapping.

 

State statutory or constitutional authorization for this rule:

Sections 23-14-18, 23-14-19, and 57-14-1

 

Anticipated cost or savings to:

the state budget:

None--This is a three-year pilot program and the associated costs have been funded with monies from existing funding sources. Therefore, DWR determines that this rule 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 this rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

 

other persons:

Private landowners will be compensated by DWR through a recreational lease but it is not anticipated that it will produce a cost or savings for them. This rule does not impose any additional requirements on other persons, and because this rule provides for free public access, DWR has determined that this rule does not create a cost or savings impact to other persons.

 

Compliance costs for affected persons:

This rule is proposed to compensate private landowners for allowing free walk-in access to the public and does not impose any cost requirements for affected persons.

 

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

This rule does 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:

Angela VanScoyk at the above address, by phone at 801-538-4707, 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:

11/14/2005

 

This rule may become effective on:

11/15/2005

 

Authorized by:

James F Karpowitz, Director

 

 

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-56. Recreational Lease of Private Lands for Free Public Walk-in Access.

R657-56-1. Purpose and Authority.

Under the authority of Sections 23-14-18, and 23-14-19, this rule provides the procedures, standards, and requirements to administer a three-year walk-in access pilot program in the Northern Region to compensate private landowners for a recreational lease of their property for allowing free public walk-in access to fish, hunt, or trap.

 

R657-56-2. Definitions.

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

(2) In addition:

(a) "Northern Region" for the purposes of this rule, means private property located within all of, or portions of, the following counties: Box Elder, Cache, Davis, Rich, Morgan, Tooele, Summit, Salt Lake, Duchesne, Daggett and Wasatch counties. The boundary begins at the Utah-Nevada state line and I-80 at Wendover, east along I-80 to US-40; south along US-40 to SR-32; east along SR-32 to SR- 35 at Francis; east along SR-35 to Soapstone Basin Road (USFS Road 037); north along Soapstone Basin Road (USFS 037) to SR-150; northeast along SR-150 to the Summit- Duchesne county line (summit of the Uinta Mountains) to the Wasatch-Ashley National Forest boundary; north along the Wasatch-Ashley National Forest boundary to USFS Road 058; east along USFS 058 to USFS Road 221 (Birch Creek); north along USFS Road 221 to the Utah-Wyoming state line; west and north along the Utah-Wyoming state line to the Utah-Idaho state line; west along the Utah-Idaho state line to the Utah-Nevada state line; south along the Utah-Nevada state line to I-80 at Wendover.

(b) "Private landowner" means any individual, partnership, corporation, or association that possesses the legal right on private property to grant a recreational lease.

(c) "Recreational lease activities" means recreation limited to fishing, hunting or trapping as provided in the recreational lease agreement.

(d) "WIA" means walk-in access.

(e) "WIFA" means walk-in fishing access, which provides free public access to fish waters located on private property as provided in the recreational lease agreement, and includes trapping when the landowner designates this activity in the WIFA recreational lease agreement.

(f) "WIHA" means walk-in hunting access, which provides free public access to hunt private property as provided in the recreational lease agreement, and includes trapping when the landowner designates this activity in the WIHA recreational lease agreement.

 

R657-56-3. Walk-In Access Enrollment Procedures.

(1) A private landowner with eligible property located within the Northern Region may participate in the WIA program.

(2) A private landowner interested in participating in the WIA program must submit an enrollment form to the Northern Region division office by March 1, and provide:

(a) evidence of property ownership, or if leasing the private property a copy of the lease agreement; and

(b) the private landowner's signature.

(3) Enrollment forms are available at the Northern Region division office or through the division's web site.

 

R657-56-4. Walk-In Access Recreational Lease Agreement.

(1) The division and private landowner shall prepare and agree to the terms in a WIA recreational lease agreement by May 1.

(2) Terms in the WIA recreational lease agreement shall include private landowner and division responsibilities, including the provisions as provided in Sections R657-56-8 and R657-56-9, and compensation necessary to provide free public access for fishing, hunting, or trapping on private property.

(3) The amount of compensation to be paid to the private landowner participating in the WIA program shall be determined by:

(a) the type of recreational lease activity allowed on the private property;

(b) the duration of the recreational lease agreement; and

(c) the number of acres of private land or pond, or miles of stream or river available for free public walk-in access.

(4) Upon mutual agreement, the division may provide in-kind habitat improvement materials or labor on WIA property in lieu of monetary payment to the landowner for free public walk-in access.

 

R657-56-5. Walk-In Hunting Access Program Requirements.

(1) Private property enrolled in the WIHA Program must provide suitable wildlife habitat to support the recreational lease activity described in the WIHA recreational lease agreement, and:

(a) contain a minimum of 80 contiguous acres;

(b) contain a minimum of 40 contiguous acres of wetland or riparian land; or

(c) provide an access corridor to comparable tracts of isolated public land open to free public hunting or trapping.

(2)(a) Division personnel shall evaluate proposed WIHA property to determine if the property provides suitable wildlife habitat and wildlife for the designated recreational lease activity.

(b) If the property is approved as suitable wildlife habitat for the designated recreational lease activity, the division and private landowner may enter into the WIHA recreational lease agreement as provided in Section R657-56-4.

 

R657-56-6. Walk-In Fishing Access Requirements.

(1) Private property enrolled in the WIFA Program must provide suitable fishing waters described in the WIFA recreational lease agreement, and:

(a) contain a minimum 0.25 miles of stream or river;

(b) contain a minimum 5 acres of pond; or

(c) the property provides an access corridor to comparable fishing waters on isolated public land open to free public fishing.

(2)(a) Division personnel shall evaluate proposed WIFA property to determine if the property provides suitable fishing waters.

(b) If the property is approved for the designated recreational lease activity, the division and private landowner may enter into the WIFA recreational lease agreement as provided in Section R657-56-4.

 

R657-56-7. Walk-In Hunting and Fishing Access Compensation.

(1) The amount of compensation payment to a landowner is determined by the acreage that will be used for the WIA program, and the recreational lease activity allowed on the private property using the base rate fee as provided in the recreational lease agreement.

(2) A bonus fee will be added to the base rate fee when a private landowner initially enrolls private property in the recreational lease agreement for additional consecutive years as follows:

(a) five percent will be added for two years; or

(b) ten percent will be added for three years.

 

R657-56-8. Walk-In Access Program Landowner Responsibilities.

(1) Each private landowner enrolled in the WIA program must provide:

(a) free public walk-in access for recreational lease activities as provided in the recreational lease agreement; and

(b) private land with suitable wildlife habitat to support the recreational lease activity; or

(c) an access corridor to comparable tracts of isolated public land open to free public fishing, hunting or trapping.

(2) Each private landowner must indicate the type of landowner authorization required for the public to use the WIA for fishing, hunting, or trapping, as follows:

(a) authorization is not required to access the property;

(b) registration at a WIA site is required prior to accessing the property; or

(c) contacting the landowner is required prior to accessing the property.

(3) The private landowner must transfer to the division, the recreational lease of their property for the recreational lease activities designated in the WIA recreational lease agreement.

 

R657-56-9. Walk-In Access Program Division Responsibilities.

The division shall provide:

(1) evaluations of wildlife habitat, and wildlife on the proposed WIA property as provided in Subsections R657-56-5(2)(a) or R657-56-6(2)(a);

(2) WIA recreational lease agreement forms;

(3) WIA registration forms and boxes when applicable;

(4) signs for enrolled WIA property;

(5) law enforcement during applicable fishing, hunting, or trapping seasons;

(6) maps of approved and enrolled WIA locations and requirements as provided in the recreational lease agreement; and

(7) compensation payments to landowners following successful completion of the terms of the WIA recreational lease agreement.

 

R657-56-10. Termination of Walk-In Access Recreational Lease Agreement.

(1) The WIA recreational lease agreement may be:

(a) terminated for any reason by either party upon 30 days written notice; or

(b) amended at any time upon written agreement by the landowner and the division.

(2) If a WIA recreational lease agreement is terminated as provided in Subsection (1)(a), prior to the ending date specified in the recreational lease agreement, the compensation payment fee shall be prorated based upon the recreational lease activity provided.

(3) Restriction of public use by the landowner of the private property enrolled in the WIA program in violation of the recreational lease agreement may void all or a portion of the WIA recreational lease agreement.

(4) Any change in private landownership of enrolled WIA property may terminate the WIA recreational lease agreement.

(5) Misrepresentation of enrolled private property in the WIA program shall terminate the WIA recreational lease agreement.

 

R657-56-11. Liability Protection for Walk-In Access Private Landowner.

Landowner liability may be limited when free public access is allowed on private property enrolled in the WIA program for the purpose of any recreational lease activities as provided in Section 57-14.

 

R657-56-12. Licenses, Permits and Seasons.

(1) Any person accessing WIA private lands to fish, hunt, or trap must obtain and possess the required valid license or permit for the recreational lease activity, and must adhere to the respective rules and proclamations established by the Wildlife Board.

(2)(a) If enrolled WIA property requires prior private landowner authorization or any other requirement as provided in the recreational lease agreement, any person entering enrolled WIA private lands to fish, hunt, or trap must comply with said requirements.

(b) The division shall provide to the public maps of approved and enrolled WIA locations and requirements as determined in the recreational lease agreement.

 

R657-56-13. Right to Deny Access.

The division or the private landowner reserves the right to deny a person access to the WIA property described in the recreational lease agreement for causes related to, but not limited to, intoxication, damage to WIA property, violations of conditions provided in the recreational lease agreement, or any wildlife violation committed on WIA property.

 

R657-56-14. Prohibited Activities.

(1) It is unlawful for any person to access WIA property in violation of the recreational lease agreement, or refuse to leave WIA property when requested by the landowner, a division representative, or a peace officer.

(2) Any person accessing WIA property in violation of Subsection (1) may further be subject to criminal trespass prosecution as provided in Sections 23-20-14 and 76-6-206.

 

R657-56-15. Walk-In Access Advisory Committee.

(1) A WIA Advisory Committee shall be created consisting of five members nominated by the Northern Region Supervisor, and approved by the Director.

(2) The committee shall include:

(a) two sportsmen representatives;

(b) two agricultural representatives;

(c) one elected official; and

(d) the division's Wildlife Section Chief, or designee.

(3) The committee shall be chaired by the Wildlife Section Chief, or designee, who shall be a non-voting member.

(4) The committee will:

(a) hear complaints dealing with fair and equitable treatment of anglers, hunters, or trappers on enrolled WIA property;

(b) hear complaints dealing with fair and equitable treatment of WIA private landowners; and

(c) make advisory recommendations to the Director.

(5) The Wildlife Section Chief shall determine the agenda, time, and location of the WIA Advisory Committee meetings.

(6) The director may mitigate or resolve issues dealing with complaints.

(7) Appointment terms for committee members will expire at the end of the three-year pilot WIA Program.

 

KEY: wildlife, private landowners, public access

2005

23-14-18

23-14-19

57-14-1