No. 42148 (Amendment): Rule R657-11. Taking Furbearers

(Amendment)

DAR File No.: 42148
Filed: 09/21/2017 10:20:55 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 for taking public input and reviewing the Division of Wildlife Resources' (DWR) furbearer program.

Summary of the rule or change:

The amendments to this rule: 1) add a definition for "trapping device"; 2) require any person setting traps outside of 600 feet of a home or outbuilding occupied by humans or livestock to possess a valid Trap Registration License and to permanently mark those traps with the assigned number; and 3) set the Trapping Registration License fee as a one-time ten dollar fee ($10).

Statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

The amendments require an additional license and additional marked traps by those participating in trapping in Utah. Therefore, DWR has determined 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 the increase in revenue will be minimal.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments.

small businesses:

This amendment requires a one-time purchase of a Trap Registration License ($10) for any small business owner wishing to trap protected and non-protected species outside of the 600 feet buffer zone around a home or outbuilding and will generate a cost impact to small businesses. It is impossible to determine at this time which small business would be trapping outside the buffer zone.

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

This amendment requires a one-time purchase of a Trap Registration License ($10) for any person wishing to trap protected and non-protected species outside of the 600 feet buffer zone around a home or outbuilding and will generate a cost impact to other persons. It is impossible to estimate the exact number of people wishing to trap outside the buffer zone.

Compliance costs for affected persons:

This amendment requires the one-time purchase of a Trap Registration License ($10) for any person wishing to trap protected and non-protected wildlife outside of the 600 feet buffer zone around a home or outbuilding. Therefore, DWR has determined that there is additional compliance costs associated with the amendments.

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 will result in a fiscal impact to businesses who wish to trap protected or non-protected wildlife outside of the 600 feet buffer zone. The business owner would be required to purchase a one-time Trap Registration License for ten dollars ($10) and then permanently mark all of the traps with that number.

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:

11/14/2017

This rule may become effective on:

11/21/2017

Authorized by:

Mike Fowlks, Deputy Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-11. Taking Furbearers and Trapping.

R657-11-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, the Wildlife Board has established this rule for taking furbearers and trapping.

(2) Specific dates, areas, number of permits, limits, and other administrative details which may change annually are published in the guidebook of the Wildlife Board for taking furbearers.

 

R657-11-2. Definitions.

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

(2) In addition:

(a) "Artificial cubby set" means any artificially manufactured container with an opening on one end that houses a trapping device.

(b) "Bait" means any lure containing animal parts larger than one cubic inch with the exception of white-bleached bones with no hide or flesh attached.

(c ) "Cage trap" means any enclosure containing a one-way door triggered by a treadle or pan that prevents escape of an animal after the door closes.

(d) "Exposed bait" means bait which is visible from any angle, except when used in an artificial cubby set.

(e) "Foothold trap" means any underspring or jump trap, longspring trap or coil-spring trap with two smooth arms or jaws that come together when an animal steps on a pan in the center of the trap.

(f) "Fur dealer" means any individual engaged in, wholly or in part, the business of buying, selling, or trading skins or pelts of furbearers within Utah.

(g) "Fur dealer's agent" means any person who is employed by a resident or nonresident fur dealer as a buyer.

(h) "Good condition" means the carcass is fresh or frozen and securely wrapped to prevent decomposition so that the tissue remains suitable for analysis.

(i) "Green pelt" means the untanned hide or skin of any furbearer.

(j) "Owner" means the person who has been issued a trap registration number associated with one or more trapping devices.

(k) "Pursue" means to chase, tree, corner, or hold a furbearer at bay.

(l) "Scent" means any lure composed of material of less than one cubic inch that has a smell intended to attract animals.

(m) "Trapping device" means any apparatus used to remotely capture or kill an animal, including a cage trap, foothold trap, snare wire, or any other body gripping mechanism.

 

R657-11-3. License, Permit and Tag Requirements.

(1) A person who has a valid furbearer license may take furbearers during the established furbearer seasons published in the guidebook of the Wildlife Board for taking furbearers.

(2) A person who has a valid furbearer license and valid bobcat permits may take a bobcat during the established bobcat season published in the guidebook of the Wildlife Board for taking furbearers.

(3) A person who has a valid furbearer license and valid marten trapping permit may take marten during the established marten season published in the guidebook of the Wildlife Board for taking furbearers.

(4) A person who has a valid trap registration license may use a trapping device to take furbearers, coyotes, or raccoons, as authorized in the Wildlife Code, this rule and the guidebooks of the Wildlife Board.

(5) Any license, permit, or tag that is mutilated or otherwise made illegible is invalid and may not be used for taking or possessing furbearers.

 

R657-11-4. Bobcat Permits.

(1) Bobcat permits can only be obtained and are only valid with a valid furbearer license.

(2)(a) A person may obtain up to the number of bobcat permits authorized each year by the Wildlife Board.

(b) Permit numbers shall be published in the guidebook of the Wildlife Board for taking furbearers.

(3) Bobcat permits will be available during the dates published in the guidebook of the Wildlife Board for taking furbearers and may be obtained by submitting an application through the division's Internet address.

(4) Bobcat permits are valid for the entire bobcat season.

 

R657-11-5. Tagging Bobcats.

(1) The pelt or unskinned carcass of any bobcat must be tagged in accordance with Section 23-20-30.

(2) The tag must remain with the pelt or unskinned carcass until a permanent tag has been affixed.

(3) Possession of an untagged green pelt or unskinned carcass is prima facie evidence of unlawful taking and possession.

(4) The lower jaw of each bobcat taken must be removed and tagged with the numbered jaw tag corresponding to the number of the temporary possession tag affixed to the hide.

 

R657-11-6. Marten Permits.

(1) A person may not trap marten or have marten in possession without having a valid furbearer license and a marten trapping permit in possession.

(2) Marten trapping permits are available free of charge from any division office.

 

R657-11-7. Permanent Possession Tags for Bobcat and Marten.

(1) A person may not:

(a) possess a green pelt or unskinned carcass from a bobcat or marten that does not have a permanent tag affixed after the second Friday in March;

(b) possess a green pelt or the unskinned carcass of a bobcat with an affixed temporary bobcat possession tag issued to another person, except as provided in Subsections (5) and (6); or

(c) buy, sell, trade, or barter a green pelt from a bobcat or marten that does not have a permanent tag affixed.

(2) Bobcat and marten pelts must be delivered to a division representative to have a permanent tag affixed and to surrender the lower jaw for each harvested bobcat.

(3) Bobcat and marten pelts may be delivered to the following division offices, by appointment only, during the dates published in the guidebook of the Wildlife Board for taking furbearers:

(a) Cedar City - Regional Office;

(b) Ogden - Regional Office;

(c) Price - Regional Office;

(d) Salt Lake City - Salt Lake Office;

(e) Springville - Regional Office; and

(f) Vernal - Regional Office.

(4) There is no fee for permanent tags.

(5) Bobcat and marten which have been legally taken may be transported from an individual's place of residence by an individual other than the furharvester to have the permanent tag affixed; bobcats must be tagged with a temporary possession tag and accompanied by a valid furbearer license belonging to the furharvester.

(6) Any individual transporting a bobcat or marten for another person must have written authorization stating the following:

(a) date of kill;

(b) location of kill;

(c) species and sex of animal being transported;

(d) origin and destination of such transportation;

(e) the name, address, signature and furbearer license number of the furharvester;

(f) the name of the individual transporting the bobcat or marten; and

(g) the furharvester's marten permit number if marten is being transported.

(7) Green pelts of bobcats and marten legally taken from outside the state may not be possessed, bought, sold, traded, or bartered in Utah unless a permanent tag has been affixed or the pelts are accompanied by a shipping permit issued by the wildlife agency of the state where the animal was taken.

(8)(a) Furharvesters taking marten are required to present the entire skinned carcass to the division in good condition when brought for permanent tagging.

 

R657-11-8. Trap Registration Numbers.

[(1) Each trapping device used to take furbearers must be permanently marked or tagged with the registered trap number of the owner.](1)(a) Except as provided in Subsection (1)(a)(ii), a person must possess a valid trap registration license before using any trapping device to take a furbearer, coyote, or raccoon.

(i) A trap registration license is required in addition to any other license, permit, or tag required by this rule to take a furbearer.

(ii) A trap registration license is not required for trapping a coyote, or raccoon when the trapping device is set within 600 feet of a building or structure occupied or utilized by humans or domestic livestock, provided the trapping device is set with the landowner's or lessee's permission.

(b) To obtain a trap registration license, a person must:

(i) provide the following information when requested by the division:

(A) full name;

(B) complete home address;

(C) email address;

(D) phone number;

(E) date of birth; and

(F) any other information requested by the division; and

(ii) pay a $10 license fee.

(c) The division may deny issuing a trap registration license if the applicant;

(i) is subject to an administrative or judicial order suspending any hunting, trapping or fishing privilege;

(ii) has violated any provision in Title 23 of the Utah Code, or rules or guidebooks of the Wildlife Board; or

(iii) fails to pay the one-time $10 license fee.

(d) The division may suspend a trap registration license, as provided in Sections 23-19-9, 23-25-5, and 23-25-6.

(e) The trap registration license must be carried on the person of the individual it is issued to while setting, checking or moving trapping devices.

(f) A trap registration license shall include a unique trap registration number printed on its face that is permanently assigned to the licensee.

(2)(a) Each trapping device used to take a furbearer, coyote, or raccoon-must be permanently, legibly, and indelibly marked or tagged with the trap registration number of the owner.

(b) A trap registration number is not required on a trapping device set within 600

feet of a building or structure occupied or utilized by humans or domestic livestock, provided the trapping device is set:

(i) to capture a coyote or raccoon; and

(ii) with the landowner's or lessee's permission.

([2]3) No more than one trap registration number may be on a single trapping device[.

(3) Trap registration numbers must be legible].

(4) [Trap]Each individual is issued only one trap registration [numbers are permanent and may be obtained by mailor in person from any division office]number.

(5) [Applicants must include their full name, including middle initial, and complete home address.]Except as provided in R657-11-9, a person may not take a furbearer, coyote, or raccoon with any trapping device marked with the trap registration number of another person.

(6) [A registration fee of $10 must accompany the request. This fee is payable only once.]A person may not lend, transfer, sell, give, or assign a trap registration license or trap registration number to another person or entity.

(7) [Each individual is issued only one trap registration number.

(8) ]Any person who has obtained a trap registration number must notify the division within 30 days of any:

(a) change in address: or[the]

(b) theft of [traps]trapping devices.

 

R657-11-9. [Traps]Trapping Devices.

(1) [All]Any foothold traps used to take a furbearer, coyote, or raccoon must have spacers on the jaws which leave an opening of at least 3/16 of an inch when the jaws are closed, except;

(a) rubber-padded jaw traps,

(b) traps with jaw spreads less than 4.25 inches, and

(c) trapsthat are completely submerged under water when set.

(2) (a) [All]Anycable devices (i.e snares), used to take a furbearer, coyote, or raccoon, except those set in water or with a loop size less than 3 inches in diameter, must be equipped with a breakaway lock device that will release when any force greater than 300 lbs. is applied to the loop.

(b) Breakaway cable devices must be fastened to an immovable object solidly secured to the ground.

(c) The use of drags is prohibited.

(3) On the middle section of the Provo River, between Jordanelle Dam and Deer Creek Reservoir, the Green River, between Flaming Gorge Dam and the Utah Colorado state line; the Colorado River, between the Utah Colorado state line and Lake Powell; and the Escalante River, between Escalante and Lake Powell, trapping for a furbearer, coyote, or raccoon within [100]600yards of either side of these rivers, including their tributaries from the confluencesupstream 1/2 mile, is restricted to the following devices:

(a) Nonlethal-set foot hold traps with a jaw spread less than 5 1/8 inches, and nonlethal-set padded foot hold traps. Drowning sets with these traps are prohibited.

(b) Body-gripping, killing-type traps with body-gripping area less than 30 square inches[(i.e., 110 Conibear)].

(c) Nonlethal dry land cable devices equipped with a stop-lock device that prevents it from closing to less than a six-inch diameter.

(d) Size 330, body-gripping, killing-type traps[(i.e. Conibear)] modified by replacing the standard V-trigger assembly with one top side parallel trigger assembly, with the trigger placed within one inch of the side, or butted against the vertical turn in the Canadian bend.

(4) A person may not disturb or remove any trapping device, except:

(a) the owner of the trapping device;

(b) peace officers in the performance of their duties;

(c ) the landowner where the [trap has been placed; or]trapping device is set;

(d) the owner of a domestic pet [that has been]is caught in the device; or.

(e) as provided in Subsection (6).

(5) A person may not kill or remove wildlife caught in any trapping device, except:

(a) the owner [who must possess a valid]of the trapping device who possesses the permit, license[or tag(s)], tag, or legal authorization required for the species that [has been]is captured;

(b) a peace officer in the performance of their duties;

(c ) as provided in Subsection (6); or

(d) as provided in R657-11-[12.]11.

(6)(a) A person, other than the owner, may temporarily possess, disturb or remove a trapping device; or temporarily possess, kill or remove wildlife caught in a trapping device provided:

([a]i) the person possesses a valid trap registration license, furbearer license, [the]and appropriate permits or tags; and

([b]ii) has obtained written authorization from the owner of the trapping device stating the following:

([i]A) date written authorization was obtained;

([ii]B) name and address of the owner;

([iii]C) owner's trap registration number;

([iv]D) the name of the individual being given authorization; and

([v]E) signature of owner.

(b) Nothing in Subsection (6)(a) authorizes a person to use the owner's trap registration license, furbearer license, permit or tag.

(7) The owner of any trapping device providing written authorization to another person under Subsection ([5]6) shall be strictly liable for any violations of Title 23, this [guidebook]rule, or applicable guidebooks resulting from the use of the trapping device by the authorized person.

(8) The owner of any trapping device providing written authorization to another person under Subsection ([5]6) must keep a record of all persons obtaining written authorization and furnish a copy of the record upon request from a conservation officer.

(9)(a) A person may not set any [trap or ] trapping device on posted private property without the landowner's or lessee's written permission.

(b) Wildlife officers should be informed as soon as possible of any illegally set[traps or] trapping devices.

(10) Peace officers in the performance of their duties may seize all[traps,] trapping devices[,] and wildlife used or held in violation of this rule.

(11) [A]Except as provided in Subsection (6), a person may not possess any trapping device that is not permanently marked or tagged with that person's [registered ]trap registration number while [engaged in taking wildlife]setting, checking, or moving a trapping device targeting a furbearer, coyote, or raccoon..

(12) All [traps and ]trapping devices used to take a furbearer, coyote, or raccoon must be checked and animals removedat least once every 48 hours, except ;

(a) killing traps striking dorso-ventrally;

(b) drowning sets; and

(c) lethal cable devices that are set to capture on the neck, that have a nonrelaxing lock, without a stop, and are anchored to an immoveable object; which must be checked every 96 hours.

(14) A person may not transport or possess live protected wildlife. Any animal found in a [trap or] trapping device must be killed or released immediately by the trapper.

(15) The trapping restrictions in Subsections (1), (2), and (3) do not apply to a trapping device set within 600 feet of a building or structure occupied or utilized by humans or domestic livestock, provided the trapping device is set:

(a) to capture a coyote or raccoon; and

(b) with the landowner's or lessee's permission.

 

R657-11-10. Use of Bait.

(1) A person may not use [any ]protected wildlife or [their parts]its parts as bait or scent to take a furbearer, coyote, or raccoon, except for [white]the following;

(a) White-bleached bones of protected wildlife with no hide or flesh attached [, as bait or scent; however,]; and

(b)(i) parts of legally taken furbearers; and

(ii) nonprotected wildlife[may be used as bait].

(2) [Traps or trapping]Trapping devices used to take furbearer, coyote, or raccoon;

(a) may not be set within 30 feet of any exposed bait[.];

([3]b) [Traps]may not be placed near carcasses of protected wildlife provided the carcass has not been moved [or relocated ]for the purpose of trapping [furbearers ]and the [trap]trapping device is not located within 30 feet of the carcass.

([4]3) White-bleached bones with no hide or flesh attached may be set within 30 feet of [traps]a trapping device.

([5]4)(a) Bait used inside an artificial cubby set must be placed at least eight inches from the opening.

(b) Artificial cubby sets must be placed with the top of the opening even with or below the bottom of the bait so that the bait is not visible from above.

(c) A person using bait is responsible if it becomes exposed for any reason.

(5) The trapping restrictions in Subsections (2) and (4) do not apply to a trapping device set within 600 feet of a building or structure occupied or utilized by humans or domestic livestock, provided the trapping device is set;

(a) to capture a coyote, or raccoon; and

(b) with the landowner's or lessee's permission.

 

R657-11-11. Accidental Trapping.

(1)(a) Any[bear, bobcat, cougar, marten, otter, wolverine, any furbearer trapped out of season, or other] protected wildlife accidentally caught in a [trap]trapping device that is alive must be immediately released unharmed by a person authorized in R657-11-9(5) and (6).

(b) All incidents of accidental trapping of protected wildlife must be reported to the division within 48 hours.

(2)(a) Permission must be obtained from a division representative to remove from a trapping device the carcass of any [of these species from a trap]protected wildlife accidentally caught.

([c]b) The carcass remains the property of the state and must be turned over to the division.[

(2) All incidents of accidental trapping of any of these animals must be reported to the division within 48 hours.]

(3) Black-footed ferret, lynx and wolf are protected species under the Endangered Species Act. Accidental trapping or capture of [these]any federally protected species must be immediately reported to both the U.S. Fish and Wildlife Service and the division[within 48 hours].

(4) A person that captures or kills an unauthorized species of protected wildlife in a trapping device is not criminally liable under state law for that take, provided the person:

(a) was not attempting to take the unauthorized species;

(b) possesses a valid trap registration license;

(c) possesses the licenses, permits and tags required to trap the targeted wildlife species; and

(d) otherwise complies with the provisions of the Wildlife Code, this rule, and guidebooks applicable to trapping the targeted wildlife species.

 

R657-11-12. Methods of Take and Shooting Hours.

(1) Furbearers, except bobcats and marten, may be taken by any means, excluding explosives and poisons, or as otherwise provided in Section 23-13-17.

(2) Bobcats may be taken only by shooting, trapping, or with the aid of dogs as provided in Section R657-11-26.

(3) Marten may be taken only with an elevated, covered set in which the maximum trap size shall not exceed 1 1/2 foothold or 160 Conibear.

(4) Taking furbearers by shooting or with the aid of dogs is restricted to one-half hour before sunrise to one-half hour after sunset, except as provided in Section 23-13-17.

(5) A person may not take any wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles.

 

R657-11-13. Spotlighting.

(1) Except as provided in Subsection (3):

(a) a person may not use or cast the rays of any spotlight, headlight, or other artificial light to locate protected wildlife while having in possession a firearm or other weapon or device that could be used to take or injure protected wildlife; and

(b) the use of a spotlight or other artificial light in a field, woodland, or forest where protected wildlife are generally found is [prima facie evidence]probable cause of attempting to locate protected wildlife.

(2) The provisions of this section do not apply to:

(a) the use of the headlights of a motor vehicle or other artificial light in a usual manner where there is no attempt or intent to locate protected wildlife; or

(b) a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed weapon to hunt or take wildlife.

(3) The provisions of this section do not apply to the use of an artificial light when used by a trapper to illuminate his path and trap sites for the purpose of conducting the required trap checks, provided that:

(a) any artificial light must be carried by the trapper;

(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may not be used; and

(c) while checking [traps]trapping deviceswith the use of an artificial light, the trapper may not occupy or operate any motor vehicle.

(4) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon where allowed by a county ordinance enacted pursuant to Section 23-13-17.

(5) The ordinance shall provide that:

(a) any artificial light used to spotlight coyote, red fox, striped skunk, or raccoon must be carried by the hunter;

(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may not be used to spotlight the animal; and

(c) while hunting with the use of an artificial light, the hunter may not occupy or operate any motor vehicle.

(6) For purposes of the county ordinance, "motor vehicle" shall have the meaning as defined in Section 41-6-1.

(7) The ordinance may specify:

(a) the time of day and seasons when spotlighting is permitted;

(b) areas closed or open to spotlighting within the unincorporated area of the county;

(c) safety zones within which spotlighting is prohibited;

(d) the weapons permitted; and

(e) penalties for violation of the ordinance.

(8)(a) A county may restrict the number of hunters engaging in spotlighting by requiring a permit to spotlight and issuing a limited number of permits.

(b) A fee may be charged for a spotlighting permit.

(9) A county may require hunters to notify the county sheriff of the time and place they will be engaged in spotlighting.

(10) The requirement that a county ordinance must be enacted before a person may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:

(a) a person or his agent who is lawfully acting to protect his crops or domestic animals from predation by those animals; or

(b) a wildlife service's agent acting in his official capacity under a memorandum of agreement with the division.

 

R657-11-14. Use of Dogs.

(1) Dogs may be used to take furbearers only from one-half hour before sunrise to one-half hour after sunset and only during the prescribed open seasons.

(2) The owner and handler of dogs used to take or pursue a furbearer must have a valid, current furbearer license in possession while engaged in taking furbearers.

(3) When dogs are used in the pursuit of furbearers, the licensed hunter intending to take the furbearer must be present when the dogs are released and must continuously participate in the hunt thereafter until the hunt is completed.

 

R657-11-15. State Parks.

(1) Taking any wildlife is prohibited within the boundaries of all state park areas except those designated as open by the Division of Parks and Recreation in Section R651-614-4.

(2) Hunting with a rifle, handgun, or muzzleloader on park areas designated open is prohibited within one mile of all park facilities including buildings, camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches.

(3) Hunting with shotguns, crossbows, and archery equipment is prohibited within one quarter mile of the above stated areas.

 

R657-11-16. Transporting Furbearers.

(1)(a) A person who has obtained the appropriate license and permit may transport green pelts of furbearers. Additional restrictions apply for taking bobcat and marten as provided in Section R657-11-6.

(b) A registered Utah fur dealer or that person's agent may transport or ship green pelts of furbearers within Utah.

(2) A furbearer license is not required to transport red fox or striped skunk.

 

R657-11-17. Exporting Furbearers from Utah.

(1) A person may not export or ship the green pelt of any furbearer from Utah without first obtaining a valid shipping permit from a division representative.

(2) A furbearer license is not required to export red fox or striped skunk from Utah.

 

R657-11-18. Sales.

(1) A person with a valid furbearer license may sell, offer for sale, barter, or exchange only those species that person is licensed to take, and which were legally taken.

(2) Any person who has obtained a valid fur dealer or fur dealer's agent certificate of registration may engage in, wholly or in part, the business of buying, selling, or trading green pelts or parts of furbearers within Utah.

(3) Fur dealers or their agents and taxidermists must keep records of all transactions dealing with green pelts of furbearers.

(4) Records must state the following:

(a) the transaction date; and

(b) the name, address, license number, and tag number of each seller.

(5) A receipt containing the information specified in Subsection (4) must be issued whenever the ownership of a pelt changes.

(6)(a) A person may possess furbearers and tanned hides legally acquired without possessing a license, provided proof of legal ownership or possession can be furnished.

(b) A furbearer license is not required to sell or possess red fox or striped skunk or their parts.

 

R657-11-19. Wasting Wildlife.

(1) A person may not waste or permit to be wasted or spoiled any protected wildlife or [their]its parts as provided in Section 23-20-8.

(2) The skinned carcass of a furbearer may be left in the field and does not constitute waste of wildlife.

 

R657-11-20. Depredation by Badger, Weasel, and Spotted Skunk.

(1) Badger, weasel, and spotted skunk may be taken anytime without a license when creating a nuisance or causing damage, provided the animal or its parts are not sold or traded.

(2) Red fox and striped skunk may be taken any time without a license.

 

R657-11-21. Depredation by Bobcat.

(1) Depredating bobcats may be taken at any time by duly appointed Wildlife Services agents, employed by Wildlife Services, while acting in the performance of their assigned duties and in accordance with procedures approved by the division.

(2) A livestock owner or his employee, on a regular payroll and not hired specifically to take furbearers, may take bobcats that are molesting livestock.

(3) Any bobcat taken by a livestock owner or his employee must be surrendered to the division within 72 hours.

 

R657-11-22. Depredation by Nuisance Beaver.

(1) Beaver doing damage or other nuisance behaviors may be taken or removed during open and closed seasons with either a valid furbearer license or a nuisance permit.

(2) A nuisance permit to remove beaver must first be obtained from a division office or conservation officer.

 

R657-11-23. Survey.

Each permittee who is contacted for a survey about their furbearer harvesting experience should participate in the survey regardless of success. Participation in the survey helps the division evaluate population trends, harvest success and collect other valuable information.

 

R657-11-24. [Prohibited Species]Reserved.

[(1)(a) A person may not take black-footed ferret, fisher, lynx, otter, wolf, or wolverine.

(b) Accidental trapping or capture of any of these species must be reported to the division within 48 hours.]Reserved.

 

R657-11-25. Season Dates and Bag Limits.

Season dates, bag limits, and areas with special restrictions are published annually in the guidebook of the Wildlife Board for taking furbearers.

 

R657-11-26. Approval to Trap on State Waterfowl Management Areas.

(1)(a) Trapping wildlife, including nonprotected species, on state waterfowl management areas is prohibited unless specifically authorized by the division. Trapping is a property management tool used to protect waterfowl populations and infrastructure improvements found on the property.

(b) The authorization to trap on state waterfowl management areas shall be provided through a certificate of registration that is awarded to an individual or individuals through a competitive proposal solicitation process.

(c) On or before October 1 of each year, the division shall publicly notice which state waterfowl management areas are available for proposal by publishing the notice on its website and by publishing a notice in a newspaper of general circulation at least once a week for two consecutive weeks.

(d) The notification and advertising shall include:

(i) the deadline for applying for the certificate of registration;

(ii) the wildlife species authorized for trapping;

(iii) a general description of the trapping area authorized under the certificate of registration;

([iii]iv) the desired form of compensation to the division, whether monetary, in-kind, or both;

([iv]v) the division's management objectives for the state waterfowl management area; and

([v]vi) any special considerations or limitations the division will require of the trapper or trappers while they are on the state waterfowl management area.

(2)(a) Applications must include the following:

(i) a nonrefundable application fee;

(ii) the name of the state waterfowl management area being applied for;

(iii) a description of the applicant's familiarity with the state waterfowl management area being applied for;

(iv) a list of the individuals who will conduct trapping activities under the certificate of registration;

(v) a description of each individual's experience trapping and their ability to utilize removal of targeted species to protect waterfowl and wildlife populations and infrastructure found at state waterfowl management areas;

(vi) the projected number of animals, specifically muskrat, that may be removed via trapping;

(vii) how the proposal accomplishes the identified management objectives for the waterfowl management area;

(viii) how the proposal conforms with any special considerations or limitations identified by the division in its public notice; and

(viii) a bid amount to be paid to the Division in exchange for the authorization to trap on the state waterfowl management area.

(c) All individuals listed on the application who will conduct trapping activities under the certificate of registration must :

(i) possess a trap registration license;

(ii) use traps marked with the owner's trap registration number; and

(iii) meet all age[requirements], proof of hunter education and furharvester requirements, [and]including youth restrictions as provided in Utah Code 23-19-24, 23-19-11 and 23-20-20.

(d) The bid amount described in Subsection (vi) above may include non-monetary, in-kind contributions.

(3)(a) Late or incomplete applications may be rejected.

(b) A separate application must be submitted for each state waterfowl management area [an individual]the applicant wishes to trap on.

(c) In the event that there is more than one application for a certain state waterfowl management area, the division will analyze each application and select a successful applicant or applicants whose proposal best accomplishes the division objectives identified in the public notice.

(4) The selected applicant will be issued a certificate of registration authorizing trapping activities on the state waterfowl management area for a period of up to two years.

(5) A certificate of registration issued pursuant to this Part may be revoked, suspended, or terminated consistent with the terms of Utah Code 23-19-9 and Utah Admin. Code R657-26.

 

R657-11-27. [Fees]Trapping Fees on State Waterfowl Management Areas.

(1) Upon verified payment of [trapping]required fees, [permits]certificates of registration will be mailed to successful applicants [are ]granted trapping [rights for]privileges on state waterfowl management areas.

(2) If a successful applicant fails to make full payment within 14 days of the results posting date, an alternate trapper will be selected.

(3) [Permits]Certificates of registration are not valid until signed by the superintendent in charge of the area to be trapped.

 

R657-11-28. Vehicle Travel on State Waterfowl Management Areas.

Vehicle travel is restricted to developed roads. However, written permission for other travel may be obtained from the waterfowl management area superintendent.

 

R657-11-29. Trapping Hours on State Waterfowl Management Areas.

On waterfowl management areas traps may be checked only between one-half hour before official sunrise to one-half hour after official sunset.

 

R657-11-30. [Responsibility of Trappers.]Trapper Responsibilities on State Waterfowl Management Areas.

(1) All trappers are directly responsible to the waterfowl management area superintendent.

(2) Violation of management or trapping rules, including failure to return a trapping permit within five days of cessation of trapping activities, or failure to properly trap an area, as determined and recommended by the superintendent, may be cause for cancellation of trapping privileges, existing and future, on all waterfowl management areas.

 

R657-11-31. [Closed Area]Reserved.

[Davis County - Trapping is allowed only on the dates published in the guidebook of the Wildlife Board for taking furbearers, on those lands administered by the state lying along the eastern shore of the Great Salt Lake, commonly known as the Layton-Kaysville marshes. In addition, there may be a portion of the above stated area that is closed to trapping. This area will be posted and marked.]Reserved.

 

R657-11-32. Wildlife Management Areas.

[(1) ]A person may not use motor vehicles on division-owned wildlife management areas closed to motor vehicle use without first obtaining written authorization from the appropriate division regional office.[

(2) For purposes of coyote trapping, the division may, in its sole discretion, authorize limited motor vehicle access to its wildlife management areas closed to such use provided the motor vehicle access will not interfere with wildlife or wildlife habitat.]

 

KEY: wildlife, furbearers, game laws, wildlife law

Date of Enactment or Last substantive Amendment: [November 7, 2016]2017

Notice of Continuation: July 13, 2015

Authorizing and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-13-17

---