No. 35439 (Amendment): Rule R657-58. Fishing Contests and Clinics

(Amendment)

DAR File No.: 35439
Filed: 11/15/2011 10:04:21 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 Resources' (DWR) fish and crayfish management program.

Summary of the rule or change:

This proposed amendment: 1) removes the deadline for tagged fish contest applications; 2) removes the list of approved waters; 3) removes the species of fish; 4) removes the deadline that is specific to tagged fish contests and implement the same deadline as other contests; and 5) allows for approval or denial of contest based on biological issues on a case by case basis. All of these amendments will simplify the process required for groups to hold tagged fish contests.

State statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This amendment simplifies the requirements for holding a tagged fish contest, therefore, 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 simplifies the requirements for holding a tagged fish contest 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 simplifies the process for holding a tagged fish contest so it does not impose an additional financial requirement on persons participating in a fishing contest or small businesses.

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

This amendment simplifies the process for holding a tagged fish contest so it does not impose an additional financial requirement on persons participating in a fishing contest.

Compliance costs for affected persons:

Since this amendment only simplifies the process for holding a tagged fish contest and does not increase nor decrease the fees for such contest, 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:

01/03/2012

This rule may become effective on:

01/10/2012

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.

 

R657-58-6. 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]3) Only one tagged fish contest per year may be held on any water[approved for tagged fish contests].

([5]4) Tagged fish contests must have the start date and end date identified on the COR Application.

([6]5) 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]6) 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]7) 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;

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

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

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

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

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

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

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

(j) Moose Pond (Daggett County) for trout;

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

(l) Otter Creek Reservoir (Piute County) for trout;

(m) Palisade (Sanpete County) for trout;

(n) Panquitch Lake (Garfield County) for rainbow trout;

(o) Piute Reservoir (Piute County) for trout;

(p) Quail Creek Reservoir (Washington County) for trout, bass;

(q) Red Fleet Reservoir (Uintah County) for trout, bluegill;

(r) Rockport Reservoir (Summit County) for yellow perch, trout;

(s) Sand Hollow Reservoir (Washington County) for bluegill, bass;

(t) Scofield Reservoir (Carbon and Utah counties) for rainbow trout;

(u) Starvation Reservoir (Duchesne County) for walleye;

(v) Steinaker Reservoir (Uintah County) for trout, bluegill;

(w) Utah Lake (Utah County) for white bass, carp;

(x) Willard Bay (Box Elder County) for carp, hybrid striped bass; and

(y) Yuba Reservoir (Juab and Sanpete counties) for walleye.

]

KEY: fish, fishing, wildlife, wildlife law

Date of Enactment or Last Substantive Amendment: [April 4, 2011]2012

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

 

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