No. 30472 (Amendment): R657-54. Taking Wild Turkey

DAR File No.: 30472
Filed: 09/20/2007, 07:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the wild turkey program as approved by the Wildlife Board.

Summary of the rule or change:

The proposed revisions: 1) amend the wild turkey application to a web-based application only; and 2) remove waiting periods for successful applicants.

State statutory or constitutional authorization for this rule:

Sections 23-14-18 and 23-14-19

Anticipated cost or savings to:

the state budget:

This amendment changes the application process to coincide with other applications currently accepted by the Division of Wildlife Resources (DWR). DWR determines that these amendments do not create a 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 only changes the application process to coincide with other applications currently accepted by this filing does not create any direct cost or savings impact to local governments because 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 and persons other than businesses:

This amendment requires the sportsmen to apply for a turkey permit through a web-based applications instead of a paper process. Therefore, DWR believes the amendments will not generate a cost or savings impact to other persons.

Compliance costs for affected persons:

DWR determines that these amendments will not create additional costs for residents or nonresidents wishing to hunt turkey in Utah, since the application process fees remain the same, the application process itself is the only change.

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:

11/14/2007

This rule may become effective on:

11/21/2007

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-54. Taking Wild Turkey.

R657-54-3. Application Procedure for Wild Turkey.

(1)(a) Applications are available [from Division offices, license agents, and the Division's Internet]through the division's internet address. Applications must be submitted by the date prescribed in the Turkey Proclamation of the Wildlife Board for taking wild turkey.

(b) Residents and nonresidents may apply.

(2)(a) Group applications for wild turkey will not be accepted.

(b) Applicants may select up to three hunt choices when applying for limited entry turkey permits. Hunt unit choices must be listed in order of preference.

(c) A person must possess a valid hunting or combination license in order to apply for or obtain a wild turkey permit.

(d) To apply for a resident permit, a person must be a resident at the time of purchase.

(e) The posting date of the drawing shall be considered the purchase date of a permit.

(3)(a) A person may obtain only one wild turkey permit each year, except a person may obtain wild turkey conservation permits in addition to obtaining a limited entry or remaining wild turkey permit.

(b) A person may not apply for wild turkey more than once annually.

(4)(a)[ Applications completed incorrectly or received after the date prescribed in the Turkey Proclamation may be rejected.

(b) ]If an error is found on the application, the applicant may be contacted for correction.

[(5)(a) Late applications, received by the date published in the Turkey Proclamation of the Wildlife Board for taking wild turkey, will not be considered in the drawing, but will be processed for the purpose of entering data into the Division's draw database to provide:

(i) future preprinted applications;

(ii) notification by mail of late application and other draw opportunities; and

(iii) reevaluation of Division and third-party errors.

(b) The handling fee will be used to process the late application. Any Utah hunting or combination license fees paid will not be refunded and license will be issued. Any permit fees submitted with the application will be refunded.](b) The division reserves the right to correct applications.

(c) [Late applications, received after the date published in the Turkey Proclamation of the Wildlife Board for taking wild turkey shall not be processed and shall be returned to the applicant.

(d) ]A turkey permit allows a person using any legal weapon as provided in Section R657-54-7 to take one bearded turkey within the area and season specified on the permit.

[(6) Each application must include:

(a) the nonrefundable handling fee;

(b) the limited entry turkey permit fee; and

(c) the Utah hunting or combination license fee, if the applicant does not possess one of the licenses.](5) The permit fees and handling fees must be paid pursuant to Rule R657-42-8(5).

([7]6) Applicants will be notified by mail or e-mail of drawing results. The drawing results will be [posted]available on the [Division]division's Internet address by the date published in the Turkey Proclamation of the Wildlife Board for taking wild turkey.

([8]7) Any permits remaining after the drawing are available on the date published in the Turkey Proclamation on a first-come, first-served basis from division offices and participating online license agents.

([9]8)(a) An applicant may withdraw their application for the wild turkey permit drawing by requesting such in writing by the date published in the Turkey Proclamation of the Wildlife Board for taking wild turkey.

(b) The applicant must send their notarized signature with a statement requesting that their application be withdrawn to the address published in the Turkey proclamation of the Wildlife Board for taking wild turkey.

(c) Handling fees and hunting or combination license fees will not be refunded.

([10]9)(a) An applicant may amend their application for the wild turkey permit drawing by requesting such in writing by the date published in the Turkey Proclamation of the Wildlife Board for taking wild turkey.

(b) The applicant must send their notarized signature with a statement requesting that their application be amended to the address published in the Turkey Proclamation of the Wildlife Board for taking wild turkey.

(c) The applicant must identify in their statement the requested amendment to their application.

(d) An amendment may cause rejection if the amendment causes an error on the application.

 

R657-54-4. Waiting Period for Wild Turkey.

(1)[(a) Any person who obtained a turkey permit during the preceding two years may not apply for or obtain a turkey permit for the current year, except as provided in Subsections (c) and (d).

(b) Any person who obtains a turkey permit in the current year, may not apply for or obtain a turkey permit for two years, except as provided in Subsections (c) and (d).

(c) Waiting periods do not apply to the purchase of turkey permits remaining after the drawing. However, waiting periods are incurred as a result of purchasing remaining permits. Therefore, if a remaining permit is purchased in the current year, waiting periods will be in effect when applying in the drawing in the following two years.

(d) Waiting periods do not apply to conservation permits or landowner permits.] Waiting periods do not apply to wild turkey permits.

 

KEY: wildlife, wild turkey, game laws

Date of Enactment or Last Substantive Amendment: [August 7], 2007

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