No. 33041 (Amendment): Rule R657-58. Fishing Contests and Clinics

(Amendment)

DAR File No.: 33041
Filed: 10/13/2009 10:04:32 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's fish and crayfish management program.

Summary of the rule or change:

This proposed amendment will: 1) add criteria for "Type I fishing contest" to include the number of boats allowed and the monetary amount that can be awarded; 2) add the protocol for decontaminating vessels to reduce the spread of invasive mussels; 3) adds Scofield Reservoir as a Type I fishing location for rainbow trout only; and 4) re-orders the tagged fish bodies of water to be listed alphabetically.

State statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This amendment clarifies restrictions on "Type I fishing contests" and adds standard language on decontaminating vessels. The Division of Wildlife Resources (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 clarifies restrictions placed on groups holding "Type I fishing contests" and adds standard wording on decontaminating vessels this should have little to no effect on the local government. 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:

Since this amendment only clarifies restrictions placed on groups holding "Type I fishing contests" and adds standard wording on decontaminating vessels, this should have little to no effect on small businesses. This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by the rule. Nor are small businesses indirectly impacted because the rule does not create a situation requiring services from small businesses.

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

This amendment clarifies restrictions placed on groups holding "Type I fishing contests" and may limit the amount of prize money an individual can be awarded in a year and so it may impose an additional financial requirement on persons participating in a fishing contest.

Compliance costs for affected persons:

DWR determines that these amendments do not create a cost or savings impact to individuals who sponsor fishing contests, however it may limit the monetary amount a participant may be awarded in one year.

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:

12/01/2009

This rule may become effective on:

12/08/2009

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-58. Fishing Contests and Clinics.

R657-58-2. Definitions.

(1) Terms used in this rule are defined in Sections 23-13-2 and R657-13-2.

(2) In addition:

(a) "Certificate of Registration (COR)" means a license or permit issued by the division that authorizes a contest organizer to conduct a contest and spells out any special provisions and conditions that must be followed.

(b) "cold water fish species" means: mountain whitefish, Bonneville whitefish, Bear Lake whitefish, Bonneville cisco, Bear Lake cutthroat, Bonneville cutthroat, Colorado River cutthroat, Yellowstone cutthroat, rainbow trout, lake trout, brook trout, arctic grayling, brown trout, and kokanee salmon.

(c) "cull" or "high-grade" means to release alive and in good condition, a fish that has been held as part of a possession limit for the purpose of including larger fish in the possession limit.

(d) "fishing clinic" means an organized gathering of anglers for non-competitive, educational purposes that does not offer cash, awards or prizes for their individual or team catches.

(e) "live weigh" or "live weigh-in" means that fish are held in possession by contest participants and transported live to a specified location to be weighed.

(f) "possession" means active or constructive possession.

(g) "tagged fish contest" means any fishing contest where prizes are awarded for the capture of fish previously tagged or marked specifically for that contest.

(h) "Type I fishing contest" means a competitive event for warm or cold water fish species, other than a tagged fish contest, that meets any of the following criteria:

i) involves 50 or more participants or 25 or more boats;

ii) [awards]includescash and/or prizes [valued]awarded individually or cumulatively per year at $2,000 or more for a contest or a series of contests; or

iii) utilizes a live weigh-in.

(i) "Type II fishing contest" means a competitive event for warm or cold water fish species, other than a tagged fish contest, that meets all of the following criteria:

(a) involves fewer than 50 contestants or fewer than 25 boats;

(b) [awards]includescash and/or prizes [valued]awarded individually or cumulatively per year at less than $2,000 for a contest or a series of contests; and

(c) does not utilize a live weigh-in.

(j) "warmwater fish species" means: walleye, yellow perch, striped bass, largemouth bass, white bass, smallmouth bass, bullhead, channel catfish, black crappie, northern pike, green sunfish, wipers, bluegill, tiger muskellunge, common carp, and burbot.

 

R657-58-3. Certificate of Registration (COR) and General.

(1) A COR is required for all Type I fishing contests and all tagged fish contests. The requirements are listed in Sections R657-58-4 through R657-58-6.

(2) An AIS Decontamination Certification Form found at http://wildlife.utah.gov/mussels/PDF/self_certify.pdf is required for all boating participants in fishing contests regardless of the size or type of contest. The form must be completed by each boat operator and displayed in the windshield of the boat transport vehicle for the duration of the fishing contest.

(3) Regardless of the size or type of contest, the contest sponsor shall verify and confirm that all boats participating in the fishing contest possess completed AIS Decontamination Certification forms.

(4) A COR is not required for Type II fishing contests and fishing clinics.

([3]5) A COR is valid for only one fishing tournament/tagged fish contest on one water.

([4]6) The division may request public comment before issuing a COR if, in the opinion of the division, the proposed contest has potential impacts to the public or could substantially impact a public fishery.

([5]7)(a) A COR may be denied for:

(i) failure to comply with the fishing proclamation and rule;

(ii) potential for resource damage;

(iii) location;

(iv) occurrence on a legal holiday or Free Fishing Day;

(v) public safety issues;

(vi) conflicts with the public;

(vii) failure to adequately protect state waters from invasive species;

(viii) problems with the applicants prior performance record; and

(ix) failure to comply with other state laws, including those applying to raffles and lotteries in Utah.

(b) The reason for denial will be identified and reported to the applicant in a timely manner. The division may impose conditions on the issuance of the Certification of Registration in order to achieve a management objective or adequately protect a fishery. Any conditions will be listed on the COR.

([6]8) All COR applications submitted for Type I fishing contests must include a written protocol for participants to disinfect boats and equipment to prevent the spread of aquatic nuisance species. The protocol must be consistent with division policy and rule.

([7]9)(a) COR applications are available at all division offices and online at the division's website.

(b) Applications must be received by the division at least 45 days prior to the contest. In some cases a public comment process may alter the 45-day COR review period.

(c) Variances to the COR review period may only be granted by the director.

([8]10) A COR application must include:

(a) a copy of proposed rules for the contest, and

(b) a complete schedule of entry fees, cash awards and prize values.

([9]11) Anyone conducting a Type I fishing contest or tagged fish contest must complete a post-contest report and that report must be received by the division within 30 days after the event is completed.

([10]12) Anyone conducting a Type I fishing contest or tagged fish contest who fails to obtain a COR or to follow the rules set by the division may be prohibited from conducting any fishing contests, and may be subject to other penalties.

 

R657-58-5. Requirements for Type I Fishing Contests for Cold Water Fish Species.

(1) A COR from the division is required for all Type I fishing contests for cold water fish species.

(2) Type I fishing contests for cold water fish may not:

(a) involve more than 200 participants.

(b) offer more than $2,000 in total prizes.

(c) utilize live weigh-ins.

(3) Type I fishing contests for cold water fish species are prohibited on waters where the Wildlife Board has imposed more restrictive special harvest rules for targeted cold water fish species including tackle restrictions, size restrictions, and other exceptions to the general fishing regulations, except [as provided in (4)]at Scofield Reservoir where Type 1 fishing contests are allowed for rainbow trout only.

(4) [At Flaming Gorge and Echo Reservoirs t]There is no limit to the number of participants or total prizes at Flaming Gorge and Echo Reservoirs.

(5) Type I fishing contests for cold water fish species may not be held

(a) on Free Fishing Day except at Echo Reservoir.

(6) Fish taken in Type I cold water fishing contests may not be culled.

 

R657-58-6. Requirements for Tagged Fish Contests.

(1) A COR from the Division of Wildlife Resources is required to conduct any tagged fish contest, regardless of number of contestants or value of prizes or awards.

(2) All COR application for a tagged fish contest must be received by the division between December 1st and December 31st of the year prior to when the contest is to be held.

(3) If more than one application is received for a water in a year then a drawing will be held to select the applicant to receive the COR.

(4) Only one tagged fish contest per year may be held on any water approved for tagged fish contests.

(5) Tagged fish contests must have the start date and end date identified on the COR Application.

(6) Tagging of fish for tagged fish contests must be conducted only by division personnel, or by designated representatives working under the direct supervision of the division.

(7) Without prior authorization from the division, it is prohibited to:

(a) tag, fin-clip or mark fish in any way, or

(b) introduce tagged, fin-clipped or marked fish into a water.

(8) The organizer of a tagged fish contest will assume all responsibility for the contest and the purchase of tags and tagging equipment.

(9) Tagged fish contests are permitted only on the following waters and only for the fish species listed for those waters:

(a) [Lake Powell for striped bass;]Deer Creek Reservoir for trout;

(b) East Canyon Reservoir for smallmouth bass;

([b]c) Echo Reservoir for yellow perch, trout;

(d ) Flaming Gorge Reservoir for burbot, lake trout;

([c) East Canyon Reservoir for smallmouth bass;

(d) Scofield Reservoir for rainbow trout;

(e) Willard Bay for carp, hybrid striped bass;

(f) Utah Lake for white bass, carp;

(g) Starvation Reservoir for walleye;

(h) Yuba Reservoir for walleye;

(i) Millsite Reservoir for trout;

(j) Deer Creek Reservoir for trout;

(k]e) Gunlock Reservoir for crappie, bass;

([l]f) Hyrum Reservoir for yellow perch, trout;

([m]g) Lake Powell for striped bass;

(h) Jordanelle Reservoir for yellow perch, trout, bass;

([n]i) Millsite Reservoir for trout;

(j ) Otter Creek Reservoir for trout;

([o]k) Palisade for trout;

([p]l) Piute Reservoir for trout;

([q]m) Quail Creek Reservoir for trout, bass;

(n ) Red Fleet Reservoir for trout, bluegill;

([r) Steinaker Reservoir for trout, bluegill;

(s) Sand Hollow Reservoir for bluegill, bass;

(t]o) Rockport Reservoir for yellow perch, trout ;

(p) Sand Hollow Reservoir for bluegill, bass;

(q) Scofield Reservoir for rainbow trout;

(r) Starvation Reservoir for walleye;

(s) Steinaker Reservoir for trout, bluegill;

(t) Utah Lake for white bass, carp;

(u) [Echo Reservoir for yellow perch, trout; and]Willard Bay for carp, hybrid striped bass; and

(v) [Quail Creek]YubaReservoir for [trout, bass.]walleye.

 

KEY: fish, fishing, wildlife, wildlife law

Date of Enactment or Last Substantive Amendment: [March 10, 2008]2009

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-19-1; 23-22-3

 

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