No. 34168 (Amendment): Rule R657-58. Fishing Contests and Clinics

(Amendment)

DAR File No.: 34168
Filed: 10/25/2010 03:21:02 PM

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) fish and crayfish management program.

Summary of the rule or change:

This proposed amendment will: 1) eliminate the 100th meridian test requirement; 2) require boaters to complete the "Mussel Aware Boater Program" online training and display the completed "decontamination certification form"; 3) require contest sponsors to ensure that all boat operators possess a completed "Mussel Aware Boater decontamination certification form"; and 4) adds Big Sandwash, Moose Pond, and Panguitch Lake to the list of waters approved for tagged fish contests.

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 replaces the 100th meridian test with an online training and adds three waters to the tagged fish contest. 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 replaces one training with another 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:

This amendment replaces one certification requirement with an online certification requirement so it does not impose an additional financial requirement on small businesses participating in a fishing contest.

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

This amendment replaces one certification requirement with an online certification requirement so it does not 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 or participate in fishing contests.

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:

12/15/2010

This rule may become effective on:

12/22/2010

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-58. Fishing Contests and Clinics.

R657-58-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19 of the Utah Code, the Wildlife Board has established this rule to provide the standards and procedures for fishing contests and events including:

a) Type I fishing contests;

b) Type II fishing contests;

c) tagged fish contests; and

d) fishing clinics.

(2) Any violation of, or failure to comply with, any provision of this rule or any specific requirements in a Certificate of Registration issued pursuant to this rule may be grounds for revocation or suspension of the Certificate of Registration, as determined by the division.

 

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 r]Regardless of the size or type of contest.[ The form must be completed by each boat operator and displayed in the windshield], all boat operators must complete the Mussel Aware Boater Program online training provided at https://dwrapps.utah.gov/wex/dbconnection.jsp?examnbr=504688, and display the completed "decontamination certification form" on the dashboard of the boat transport vehicle for the duration of the fishing contest.

([3]2) Regardless of the size or type of contest, the contest sponsor shall verify and confirm that all [boats]boat operators participating in the fishing contest possess a completed [AIS] Mussel Aware Boater Program "[D]decontamination [C]certification [forms.]form".

(3) 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.

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

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

(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.

(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.

(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.

(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.

(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.

(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.

(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.

 

R657-58-4. Requirements for Type I Fishing Contests for Warm Water Fish Species.

(1) A COR from the Division of Wildlife Resources is required for any Type I fishing contest for any warm water fish species.

(2) All participants' boats must be readily identifiable as such at a distance of 100 yards.

(3) [All participants must complete online training provided by the 100 ^th Meridian Initiative for Preventing the Spread of Aquatic Nuisance Species as provided at http://www.100thmeridian.org/certificate.asp and must be in the possession of each participant through the duration of the fishing contest.

(4)] Contestants may not possess fish species, numbers of fish, or sizes of fish that are in violation of the proclamation approved by the Utah Wildlife Board.

 

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) Big Sandwash (Duchesne County) for trout;

(b) Deer Creek Reservoir (Wasatch County) for trout;

([b]c) East Canyon Reservoir (Morgan County) for smallmouth bass;

([c]d) Echo Reservoir (Summit County)for yellow perch, trout;

([d]e) Flaming Gorge Reservoir (Daggett County)for burbot, lake trout;

([e]f) Gunlock Reservoir (Washington County)for crappie, bass;

([f]g) Hyrum Reservoir (Cache County)for yellow perch, trout;

([g]h) Lake Powell (Garfield, Kane and San Juan counties) for striped bass;

([h]i) Jordanelle Reservoir (Wasatch County)for yellow perch, trout, bass;

([i]j) Moose Pond (Daggett County) for trout;

(k) Millsite Reservoir (Emery County) for trout;

([j]l) Otter Creek Reservoir (Piute County) for trout;

([k]m) Palisade (Sanpete County) for trout;

([l]n) Piute Reservoir (Piute County) for trout;

([m]o) Quail Creek Reservoir (Washington County)for trout, bass;

([n]p) Red Fleet Reservoir (Uintah County)for trout, bluegill;

([o]q) Rockport Reservoir (Summit County)for yellow perch, trout;

([p]r) Sand Hollow Reservoir (Washington County)for bluegill, bass;

([q]s) Scofield Reservoir (Carbon and Utah counties) for rainbow trout;

([r]t) Starvation Reservoir (Duchesne County) for walleye;

([s]u) Steinaker Reservoir (Uintah County)for trout, bluegill;

([t]v) Utah Lake (Utah County) for white bass, carp;

([u]w) Willard Bay (Box Elder County)for carp, hybrid striped bass; and

([v]x) Yuba Reservoir (Juab and Sanpete counties)for walleye.

 

KEY: fish, fishing, wildlife, wildlife law

Date of Enactment or Last Substantive Amendment: [December 10, 2009]2010

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

 

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