No. 27550 (Amendment): R657-5. Taking Big Game  

  • DAR File No.: 27550
    Filed: 11/18/2004, 02:43
    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 big game bucks, bulls, and once-in-a-lifetime limited entry hunts and drawing as approved by the Wildlife Board.

     

    Summary of the rule or change:

    Section R657-5-2 is being amended to add definitions for "limited entry hunt," "limited entry permit," "once-in-a-lifetime hunt," "once-in-a-lifetime permit," and "valid application." Sections R657-5-24, R657-5-27, R657-5-31, R657-5-37, and R657-5-47 are being amended to provide a bull elk premium limited entry hunt opportunity. Sections R657-5-41, R657-5-47, R657-5-49, R657-5-52, R657-5-53, R657-5-54, and R657-5-55 are being amended to clarify the provisions that a person who has obtained a permit under these sections must report hunt information within 30 days after the end of the respective hunting seasons, whether successful or unsuccessful in harvesting a big game animal. Other provisions are being amended to provide consistency and clarity.

     

    State statutory or constitutional authorization for this rule:

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

     

    Anticipated cost or savings to:

    the state budget:

    These amendments clarify requirements for: 1) reporting hunt information for limited entry big game species; and 2) clarify specific areas, methods of take, requirements and other administrative details. 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.

     

    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 rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

     

    other persons:

    These amendments clarify requirements for: 1) reporting hunt information for limited entry big game species; and 2) clarify specific areas, methods of take, requirements and other administrative details. The amendments do not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

     

    Compliance costs for affected persons:

    These amendments clarify requirements for: 1) reporting hunt information for limited entry big game species; and 2) clarify specific areas, methods of take, requirements and other administrative details. DWR determines that there are no additional compliance costs associated with these amendments.

     

    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.

     

    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:

    Debbie Merrill at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at debbiemerrill@utah.gov

     

    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:

    01/14/2005

     

    This rule may become effective on:

    01/15/2005

     

    Authorized by:

    Miles Moretti, Acting Director

     

     

    RULE TEXT

    R657. Natural Resources, Wildlife Resources.

    R657-5. Taking Big Game.

    R657-5-2. Definitions.

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

    (2) In addition:

    (a) "Antlerless deer" means a deer without antlers or with antlers five inches or shorter.

    (b) "Antlerless elk" means an elk without antlers or with antlers five inches or shorter.

    (c) "Antlerless moose" means a moose with antlers shorter than its ears.

    (d) "Arrow quiver" means a portable arrow case that completely encases all edges of the broadheads.

    (e) "Buck deer" means a deer with antlers longer than five inches.

    (f) "Buck pronghorn" means a pronghorn with horns longer than five inches.

    (g) "Bull elk" means an elk with antlers longer than five inches.

    (h) "Bull moose" means a moose with antlers longer than its ears.

    (i) "Cow bison" means a female bison.

    (j) "Doe pronghorn" means a pronghorn without horns or with horns five inches or shorter.

    (k) "Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel.

    (l) "Hunter's choice" means either sex may be taken.

    (m) "Limited entry hunt" means any hunt published in the hunt tables of the proclamation of the Wildlife Board for taking big game, which is identified as limited entry and does not include general or once-in-a-lifetime hunts.

    (n) "Limited entry permit" means any permit obtained for a limited entry hunt by any means, including conservation permits, sportsman permits, cooperative wildlife management unit permits and limited entry landowner permits.

    (o) "Once-in-a-lifetime hunt" means any hunt published in the hunt tables of the proclamation of the Wildlife Board for taking big game, which is identified as once-in-a-lifetime, and does not include general or limited entry hunts.

    (p) "Once-in-a-lifetime permit" means any permit obtained for a once-in-a-lifetime hunt by any means, including conservation permits, sportsman permits, cooperative wildlife management unit permits and limited entry landowner permits.

    (q) "Ram" means a male desert bighorn sheep or Rocky Mountain bighorn sheep.

    [(n)(i)](r)(i) "Resident" for purposes of this rule means a person who:

    (A) has been domiciled in the state of Utah for six consecutive months immediately preceding the purchase of a license or permit; and

    (B) does not claim residency for hunting, fishing, or trapping in any other state or country.

    (ii) A Utah resident retains Utah residency if that person leaves this state:

    (A) to serve in the armed forces of the United States or for religious or educational purposes; and

    (B) complies with Subsection (m)(i)(B).

    (iii)(A) A member of the armed forces of the United States and dependents are residents for the purposes of this chapter as of the date the member reports for duty under assigned orders in the state if the member:

    (I) is not on temporary duty in this state; and

    (II) complies with Subsection (m)(i)(B).

    (iv) A copy of the assignment orders must be presented to a wildlife division office to verify the member's qualification as a resident.

    (v) A nonresident attending an institution of higher learning in this state as a full-time student may qualify as a resident for purposes of this chapter if the student:

    (A) has been present in this state for 60 consecutive days immediately preceding the purchase of the license or permit; and

    (B) complies with Subsection (m)(i)(B).

    (vi) A Utah resident license or permit is invalid if a resident license for hunting, fishing, or trapping is purchased in any other state or country.

    (vii) An absentee landowner paying property tax on land in Utah does not qualify as a resident.

    [(o)](s) "Spike bull" means a bull elk which has at least one antler having no branching above the ears. Branched means a projection on an antler longer than one inch, measured from its base to its tip.

    (t)(i) "Valid application" means:

    (A) it is for a species that the applicant is eligible to possess a permit;

    (B) there is a hunt for that species regardless of estimated permit numbers; and

    (C) there is sufficient information on the application to process the application, including personal information, hunt information, and sufficient payment.

    (ii) Applications missing any of the items in Subsection (a) may still be considered valid if the application is timely corrected through the application correction process.

     

    R657-5-13. Areas With Special Restrictions.

    (1)(a) Hunting of any wildlife is prohibited within the boundaries of all park areas, except those designated by the Division of Parks and Recreation in Rule R651-603-5.

    (b) Hunting with rifles and handguns in park areas designated open is prohibited within one mile of all park area facilities, including buildings, camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches.

    (c) Hunting with shotguns or archery equipment is prohibited within one-quarter mile of the areas provided in Subsection (b).

    (2) Hunting is closed within the boundaries of all national parks and monuments unless otherwise provided by the governing agency.

    (3) Hunters obtaining a Utah license, permit or tag to take big game are not authorized to hunt on tribal trust lands. Hunters must obtain tribal authorization to hunt on tribal trust lands.

    (4) Military installations, including Camp Williams, are closed to hunting and trespassing unless otherwise authorized.

    (5) In Salt Lake County, a person may not:

    (a) hunt big game within one-half mile of Silver Lake in Big Cottonwood Canyon;

    (b) hunt big game or discharge a shotgun or archery equipment within 600 feet of a road, house, or any other building; or

    (c) discharge a rifle, handgun, shotgun firing slug ammunition, or muzzleloader within one mile of a cabin, house, or other building regularly occupied by people, except west of I-15 a muzzleloader may not be discharged within one-half mile of a cabin, house[,] or other building regularly occupied by people.

    (6) Hunting is closed within a designated portion of the town of Alta. Hunters may refer to the town of Alta for boundaries and other information.

    (7) Domesticated Elk Facilities and Domesticated Elk Hunting Parks, as defined in Section 4-39-102(2) and Rules R58-18 and R58-20, are closed to big game hunting. This restriction does not apply to the lawful harvest of domesticated elk as defined and allowed pursuant to Rule R58-20.

    (8) State waterfowl management areas are closed to taking big game, except as otherwise provided in the proclamation of the Wildlife Board for taking big game.

    (9) Hunters are restricted to using archery equipment, muzzleloaders or shotguns on the Matheson Wetlands.

    (10) A person may not discharge a firearm, except a shotgun or muzzleloader, from, upon, or across the Green River located near Jensen, Utah from the Highway 40 bridge upstream to the Dinosaur National Monument boundary.

     

    R657-5-24. Application Process for Premium Limited Entry, Limited Entry, Cooperative Wildlife Management Unit and Once-In-A-Lifetime Permits, and Application Process for General Buck Deer, General Muzzleloader Elk, and Youth General Any Bull Elk Permits.

    (1)(a) A person may obtain only one permit per species of big game, including premium limited entry, limited entry, cooperative wildlife management unit, once-in-a-lifetime, conservation, sportsman, landowner and general permits, except antlerless permits as provided in the Antlerless Addendum and permits as provided in Rule R657-42.

    (b) Hunting with a permit where payment has not been received for that permit constitutes a violation of hunting without a valid permit.

    (c) A person must notify the division of any change of mailing address, residency, telephone number, and physical description.

    (2) Applications are available from license agents, division offices, and through the division's Internet address.

    (3) A resident may apply in the big game drawing for the following permits:

    (a) only one of the following:

    (i) buck deer - premium limited entry, limited entry and cooperative wildlife management unit;

    (ii) bull elk - premium limited entry, limited entry and cooperative wildlife management unit; or

    (iii) buck pronghorn - limited entry and cooperative wildlife management unit; and

    (b) only one once-in-a-lifetime permit, including once-in-a-lifetime cooperative wildlife management unit permits, except as provided in Section R657-5-64(2)(b).

    (4) A nonresident may apply in the big game drawing for the following permits:

    (a) only one of the following:

    (i) buck deer - premium limited entry and limited entry;[ or]

    (ii) bull elk - premium limited entry and limited entry; or

    (iii) buck pronghorn - limited entry; and

    (b) only one once-in-a-lifetime permit.

    (5) A resident or nonresident may apply in the big game drawing for:

    (a)(i) a statewide general archery buck deer permit;

    (ii) by region for general season buck deer; or

    (iii) by region for general muzzleloader buck deer.

    (b) A youth may apply in the drawing as provided in Subsection (a), and for youth general any bull elk pursuant to Section R657-5-46.

    (6) A person may not submit more than one application per species as provided in Subsections (3) and (4), and Subsection (5) in the big game drawing.

    (7)(a) Applications must be mailed by the date prescribed in the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game. Applications filled out incorrectly or received later than the date prescribed in the Bucks, Bulls and Once-In-A-Lifetime Proclamation may be rejected.

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

    (8)(a) Late applications, received by the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation, 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) re-evaluation of division or third-party errors.

    (b) The [$5]nonrefundable handling fee will be used to process the late application. Any permit fees submitted with the application will be refunded.

    (c) Late applications received after the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation shall not be processed and shall be returned to the applicant.

    (9) Any person who applies for a hunt that occurs on private land is responsible for obtaining written permission from the landowner to access the property. To avoid disappointment and wasting the permit and fee if access is not obtained, hunters should get permission before applying. The division does not guarantee access and does not have the names of landowners where hunts occur.

    (10) Only a resident may apply for or obtain a resident permit and only a nonresident may apply for or obtain a nonresident permit, except as provided in Subsections R657-5-27(4).

    (12) To apply for a resident permit, a person must [establish residency]be a resident at the time of purchase.

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

     

    R657-5-25. Fees for Premium Limited Entry, Limited Entry, Cooperative Wildlife Management Unit and Once-In-A-Lifetime Permits, and for General Buck Deer, General Muzzleloader Elk and Youth General Any Bull Elk Permits.

    (1) Each premium limited entry, limited entry, cooperative wildlife management unit and once-in-a-lifetime application must include:

    (a) the highest permit fee of any permits applied for;

    (b) a [$5 ]nonrefundable handling fee for one of the following permits:

    (i) buck deer;

    (ii) bull elk; or

    (iii) buck pronghorn; and

    (c) [a $5]the nonrefundable handling fee for a once-in-a-lifetime permit; and

    (d) the [$5 ]nonrefundable handling fee, if applying only for a bonus point.

    (2) Each general buck deer and general muzzleloader elk application must include:

    (a) the permit fee, which includes the [$5 ]nonrefundable handling fee; or

    (b) the [$5 ]nonrefundable handling fee per species, if applying only for a preference point.

     

    R657-5-27. Premium Limited Entry, Limited Entry, Cooperative Wildlife Management Unit and Once-In-A-Lifetime and General Buck Deer, General Muzzleloader Elk and Youth General Any Bull Elk Drawings.

    (1)(a) Big game drawing results may be posted at the Lee Kay Center for Hunter Education, Cache Valley Hunter Education Center, division offices and on the division Internet address on the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

    (b) Applicants shall be notified by mail of draw results by the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

    (2) Permits for the big game drawing shall be drawn in the following order:

    (a) premium limited entry, limited entry and cooperative wildlife management unit buck deer;

    (b) premium limited entry, limited entry and cooperative wildlife management unit bull elk;

    (c) limited entry and cooperative wildlife management unit buck pronghorn;

    (d) once-in-a-lifetime;

    (e) youth general buck deer;

    (f) general buck deer; and

    (g) youth general any bull elk.

    (3) [(a)]Any person who draws one of the following permits is not eligible to draw a once-in-a-lifetime permit:

    (a) a premium limited entry, limited entry or Cooperative Wildlife Management unit buck deer;

    (b) a premium limited entry, limited entry, or Cooperative Wildlife Management unit elk; or

    (c) a limited entry or Cooperative Wildlife Management unit buck pronghorn.

    (4)(a) Fifteen percent of the general buck deer permits in each region are reserved for youth hunters.

    (b) For purposes of this section, "youth" means any person 18 years of age or younger on the opening day of the general archery buck deer season.

    (c) Youth hunters who wish to participate in the youth drawing must:

    (i) submit an application in accordance with Section R657-5-24; and

    (ii) not apply as a group.

    (d) Youth applicants who apply for a general buck deer permit as provided in Subsection (c), will automatically be considered in the youth drawing based upon their birth date.

    (e) Preference points shall be used when applying.

    (f) Any reserved permits remaining and any youth applicants who were not selected for reserved permits shall be returned to the general buck deer drawing.

    [(4) Any person who draws one of the following permits is not eligible to draw a once-in-a-lifetime permit:

    (a) a premium limited entry, limited entry or cooperative wildlife management unit buck deer;

    (b) a limited entry, or cooperative wildlife management unit bull elk; or

    (c) a limited entry or cooperative wildlife management unit buck pronghorn.

    (4)](5) If any permits listed in Subsection (2)(a) through (2)(d) remain after the big game drawing after all choices have been evaluated separately for residents and nonresidents, a second evaluation will be done allowing cross-over usage of remaining resident and nonresident permit quotas.

     

    R657-5-31. Waiting Periods for Elk.

    (1) A person who obtained a premium limited entry, limited entry or cooperative wildlife management unit bull elk permit through the big game drawing process during the preceding four years may not apply in the big game drawing for any of these permits during the current year.

    (2) A person who obtains a premium limited entry, limited entry or cooperative wildlife management unit bull elk permit through the big game drawing, may not apply for any of these permits for a period of five years.

    (3) A waiting period does not apply to:

    (a) general archery, general season, general muzzleloader, antlerless elk, cooperative wildlife management unit spike bull elk, conservation, sportsman and poaching-reported reward elk permits; or

    (b) cooperative wildlife management unit or limited entry landowner bull elk permits obtained through the landowner.

     

    R657-5-37. Bonus Point System and Preference Point System.

    (1) Bonus points are used to improve odds for drawing permits.

    (2)(a) A bonus point is awarded for:

    (i) each valid unsuccessful application when applying for permits in the big game drawing; or

    (ii) each valid application when applying for bonus points in the big game drawing.

    (b) Bonus points are awarded by species.

    (c) Bonus points are awarded for:

    (i) premium limited entry, limited entry and cooperative wildlife management unit buck deer;

    (ii) premium limited entry, limited entry and cooperative wildlife management unit bull elk;

    (iii) limited entry and cooperative wildlife management unit buck pronghorn; and

    (iv) all once-in-a-lifetime species.

    (3) A person may apply for a bonus point for:

    (a) only one of the following species:

    (i) buck deer - premium limited entry, limited entry and [Cooperative Wildlife Management]cooperative wildlife management unit;

    (ii) bull elk - limited entry and [Cooperative Wildlife Management]cooperative wildlife management unit; or

    (iii) buck pronghorn - limited entry and [Cooperative Wildlife Management]cooperative wildlife management unit; and

    (b) only one once-in-a-lifetime, including once-in-a-lifetime [Cooperative Wildlife Management]cooperative wildlife management unit.

    (4)(a) A person may not apply in the drawing for both a premium limited entry or limited entry bonus point and a premium limited entry or limited entry permit.

    (b) A person may not apply in the drawing for a once-in-a-lifetime bonus point and a once-in-a-lifetime permit.

    (c) A person may not apply for a bonus point if that person is ineligible to apply for a permit for the respective species.

    (d) A person may only apply for bonus points in the big game drawing.

    (e) Group applications will not be accepted when applying for bonus points.

    (5)(a) Fifty percent of the permits for each hunt unit and species will be reserved for applicants with bonus points.

    (b) Based on the applicant's first choice, the reserved permits will be designated by a random drawing number to eligible applicants with the greatest number of bonus points for each species.

    (c) If reserved permits remain, the reserved permits will be designated by a random number to eligible applicants with the next greatest number of bonus points for each species.

    (d) The procedure in Subsection (c) will continue until all reserved permits have been issued or no applications for that species remain.

    (e) Any reserved permits remaining and any applicants who were not selected for reserved permits will be returned to the big game drawing.

    (6)(a) Each applicant receives a random drawing number for:

    (i) each species applied for; and

    (ii) each bonus point for that species.

    (7) Bonus points are forfeited if a person obtains a permit through the drawing for that bonus point species as provided in Subsection (2)(c), including any permit obtained after the drawing.

    (8) Bonus points are not forfeited if:

    (a) a person is successful in obtaining a conservation permit or sportsman permit;

    (b) a person obtains a landowner or a cooperative wildlife management unit permit from a landowner; or

    (c) a person obtains a poaching-reported reward permit.

    (9) Bonus points are not transferable.

    (10) Bonus points are averaged and rounded down when two or more applicants apply together on a group application.

    (11)(a) Bonus points are tracked using social security numbers or division-issued hunter identification numbers.

    (b) The Division shall retain paper copies of applications for three years prior to the current big game drawing for the purpose of researching bonus point records.

    (c) The Division shall retain electronic copies of applications from 1996 to the current big game drawing for the purpose of researching bonus point records.

    (d) Any requests for researching an applicant's bonus point records must be requested within the time frames provided in Subsection (b) and (c).

    (e) Any bonus points on the Division's records shall not be researched beyond the time frames provided in Subsection (b) and (c).

    (f) The Division may eliminate any bonus points earned that are obtained by fraud or misrepresentation.

    (12) Preference points are used in the big game drawing for general buck deer permits to ensure that applicants who are unsuccessful in the drawing for general buck deer permits, will have first preference in the next year's drawing.

    (13) A preference point is awarded for:

    (a) each valid unsuccessful application when applying for a general buck deer permit; or

    (b) each valid application when applying only for a preference point in the big game drawing.

    (14)(a) A person may not apply in the drawing for both a general buck deer preference point and a general buck deer permit.

    (b) A person may not apply for a preference point if that person is ineligible to apply for a permit.

    (c) Preference points shall not be used when obtaining remaining permits after the big game drawing.

    (15) Preference points are forfeited if a person obtains a general buck deer permit through the drawing.

    (16)(a) Preference points are not transferable.

    (b) Preference points shall only be applied to the big game drawing.

    (17) Preference points are averaged and rounded down when two or more applicants apply together on a group application.

    (18)(a) Preference points are tracked using social security numbers or division-issued hunter identification numbers.

    (b) The Division shall retain paper copies of applications for three years prior to the current big game drawing for the purpose of researching preference point records.

    (c) The Division shall retain electronic copies of applications from 2000 to the current big game drawing for the purpose of researching preference point records.

    (d) Any requests for researching an applicant's preference point records must be requested within the time frames provided in Subsection (b) and (c).

    (e) Any preference points on the Division's records shall not be researched beyond the time frames provided in Subsection (b) and (c).

    (f) The Division may eliminate any preference points earned that are obtained by fraud or misrepresentation.

     

    R657-5-41. Limited Entry Buck Deer Hunts.

    (1) To hunt in a premium limited entry or limited entry area, hunters must obtain the respective limited entry buck permit. Limited entry areas are not open to general archery buck, general season buck, or general muzzleloader buck hunting, except as specified in the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

    (2) A limited entry buck deer permit allows a person using the prescribed legal weapon, to take one buck deer within the area and season specified on the permit, except deer cooperative wildlife management units located within the limited entry unit.

    (3)(a) A person who has obtained a [limited entry]premium limited entry, limited entry, or cooperative wildlife management unit buck deer permit must report hunt information within 30 days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a buck deer.

    (b) Limited entry and cooperative wildlife management unit buck deer permit holders [will receive information on reporting the hunt information with the permit.]must report hunt information by telephone, or through the Division's Internet address.

    (c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or [Cooperative Wildlife Management Unit]cooperative wildlife management unit permit or bonus points in the following year.

    (4) A person who has obtained a limited entry buck permit may not hunt during any other deer hunt or obtain any other deer permit, except antlerless deer.

     

    R657-5-47. Limited Entry Bull Elk Hunt.

    (1) To hunt in a premium limited entry or limited entry bull elk area, a hunter must obtain [a]the respective premium limited entry or limited entry elk permit.

    (2)(a) A premium limited entry bull elk permit allows a person, using the prescribed legal weapon, to take one bull elk within the area and to hunt all seasons specified in the hunt tables, published in the proclamation of the Wildlife Board for taking big game, for the area specified on the permit, except elk cooperative wildlife management units located within a premium limited entry unit. Spike bull elk restrictions do not apply to premium limited entry elk permittees.

    (b) A limited entry bull elk permit allows a person, using the prescribed legal weapon, to take one bull elk within the area and season specified on the permit, except elk cooperative wildlife management units located within a limited entry unit. Spike bull elk restrictions do not apply to limited entry elk permittees.

    (3)(a) A person who has obtained a premium limited entry, limited entry or cooperative wildlife management unit bull elk permit must report hunt information within 30 days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a bull elk.

    (b) Limited entry and cooperative wildlife management unit bull elk permit holders [will receive information on reporting the hunt information with the permit.]must report hunt information by telephone, or through the Division's Internet address.

    (c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or [Cooperative Wildlife Management Unit]cooperative wildlife management unit permit or bonus points in the following year.

    (4) A person who has obtained a premium limited entry or limited entry bull elk permit may not hunt during any other elk hunt or obtain any other elk permit, except as provided in Subsections (4)(a) and R657-5-48(3).

     

    R657-5-49. Buck Pronghorn Hunts.

    (1) To hunt buck pronghorn, a hunter must obtain a buck pronghorn permit.

    (2) A person who has obtained a buck pronghorn permit may not obtain any other pronghorn permit or hunt during any other pronghorn hunt.

    (3)(a) A person who has obtained a limited entry or cooperative wildlife management unit buck pronghorn permit must report hunt information within 30 days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a buck pronghorn.

    (b) Limited entry and cooperative wildlife management unit buck pronghorn permit holders [will receive information on reporting the hunt information with the permit.]must report hunt information by telephone, or through the Division's Internet address.

    (c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or [Cooperative Wildlife Management Unit]cooperative wildlife management unit permit or bonus points in the following year.

    (4) A buck pronghorn permit allows a person using any legal weapon to take one buck pronghorn within the area and season specified on the permit, except during the buck pronghorn archery hunt, only archery equipment may be used.

     

    R657-5-52. Bull Moose Hunts.

    (1) To hunt bull moose, a hunter must obtain a bull moose permit.

    (2) A person who has obtained a bull moose permit may not obtain any other moose permit or hunt during any other moose hunt.

    (3) A bull moose permit allows a person using any legal weapon to take one bull moose within the area and season specified on the permit, except in bull moose cooperative wildlife management units located within a limited entry unit.

    (4)(a) A person who has obtained a bull moose permit must report hunt information within 30 days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a bull moose.

    (b) Bull moose permit holders [will receive information on reporting the hunt information with the permit.]must report hunt information by telephone, or through the Division's Internet address.

    (c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or [Cooperative Wildlife Management Unit]cooperative wildlife management unit permit or bonus points in the following year.

     

    R657-5-53. Bison Hunts.

    (1) To hunt bison, a hunter must obtain a bison permit.

    (2) A person who has obtained a bison permit may not obtain any other bison permit or hunt during any other bison hunt.

    (3) The bison permit allows a person using any legal weapon to take a bison within the area and season as specified on the permit.

    (4)(a) An orientation course is required for bison hunters who draw a an Antelope Island bison permit. Hunters shall be notified of the orientation date, time and location.

    (b) The Antelope Island hunt is administered by the Division of Parks and Recreation.

    (5) An orientation course is required for bison hunters who draw Henry Mountain cow bison permits. Hunters will be notified of the orientation date, time and location.

    (6)(a) A person who has obtained a bison permit must report hunt information within 30 days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a bison.

    (b) Bison permit holders [will receive information on reporting the hunt information with the permit.]must report hunt information by telephone, or through the Division's Internet address.

    (c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or [Cooperative Wildlife Management Unit]cooperative wildlife management unit permit or bonus points in the following year.

     

    R657-5-54. Desert Bighorn and Rocky Mountain Bighorn Sheep Hunts.

    (1) To hunt desert bighorn sheep or Rocky Mountain bighorn sheep, a hunter must obtain the respective permit.

    (2) A person who has obtained a desert bighorn sheep or Rocky Mountain bighorn sheep permit may not obtain any other desert bighorn sheep or Rocky Mountain bighorn sheep permit or hunt during any other desert bighorn sheep or Rocky Mountain bighorn sheep hunt.

    (3) Desert bighorn sheep and Rocky Mountain big horn sheep permits are considered separate once-in-a-lifetime hunting opportunities.

    (4)(a) The desert bighorn sheep permit allows a person using any legal weapon to take one desert bighorn ram within the area and season specified on the permit.

    (b) The Rocky Mountain sheep permit allows a person using any legal weapon to take one Rocky Mountain bighorn ram within the area and season specified on the permit.

    (5) The permittee may attend a hunter orientation course. The division provides each permittee with the time and location of the course.

    (6) All bighorn sheep hunters are encouraged to have a spotting scope with a minimum of 15 power while hunting bighorn sheep. Any ram may be legally taken, however, permittees are encouraged to take a mature ram. The terrain inhabited by bighorn sheep is extremely rugged, making this hunt extremely strenuous.

    (7) Successful hunters must deliver the horns of the bighorn sheep to a division office within 72 hours of leaving the hunting area. A numbered seal will be permanently affixed to the horn indicating legal harvest.

    (8)(a) A person who has obtained a desert bighorn sheep or Rocky Mountain bighorn sheep permit must report hunt information within 30 days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a desert bighorn sheep or Rocky Mountain bighorn sheep.

    (b) Desert bighorn sheep or Rocky Mountain bighorn sheep permit holders [will receive information on reporting the hunt information with the permit.]must report hunt information by telephone, or through the Division's Internet address.

    (c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or [Cooperative Wildlife Management Unit]cooperative wildlife management unit permit or bonus points in the following year.

     

    R657-5-55. Rocky Mountain Goat Hunts.

    (1) To hunt Rocky Mountain goat, a hunter must obtain a Rocky Mountain goat permit.

    (2) A person who has obtained a Rocky Mountain goat permit may not obtain any other Rocky Mountain goat permit or hunt during any other Rocky Mountain goat hunt.

    (3) Any goat may be legally taken on a hunter's choice permit, however, permittees are encouraged to take a mature goat. A mature goat is a goat older than two years of age, as determined by counting the annual rings on the horn.

    (4) The goat permit allows a person using any legal weapon to take one goat within the area and season specified on the permit.

    (5) All goat hunters are encouraged to have a spotting scope with a minimum of 15 power while hunting goats. The terrain inhabited by Rocky Mountain goat is extremely rugged making this hunt extremely strenuous. The goat's pelage may be higher quality later in the hunting season.

    (6) An orientation course is required for Rocky Mountain goat hunters who draw female only goat permits. Hunters will be notified of the orientation date, time and location.

    (7)(a) A person who has obtained a Rocky Mountain goat permit must report hunt information within 30 days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a Rocky Mountain goat.

    (b) Rocky Mountain goat permit holders [will receive information on reporting the hunt information with the permit.]must report hunt information by telephone, or through the Division's Internet address.

    (c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or [Cooperative Wildlife Management Unit]cooperative wildlife management unit permit or bonus points in the following year.

     

    R657-5-57. Antlerless Application - Deadlines.

    (1) Applications are available from license agents, division offices, and through the division's Internet address.

    (2) Residents may apply for, and draw the following permits, except as provided in Subsection (4):

    (a) antlerless deer;

    (b) antlerless elk;

    (c) doe pronghorn; and

    (d) antlerless moose.

    (3) Nonresidents may apply in the drawing for, and draw the following permits, except as provided in Subsection (4):

    (a) antlerless deer;

    (b) antlerless elk;

    (c) doe pronghorn; and

    (d) antlerless moose, if permits are available during the current year.

    (4) Any person who has obtained a pronghorn permit, or a moose permit may not apply for a doe pronghorn permit or antlerless moose permit, respectively, except as provided in Section R657-5-61.

    (5) A person may not submit more than one application in the antlerless drawing per each species as provided in Subsections (2) and (3).

    (6) Only a resident may apply for or obtain a resident permit and only a nonresident may apply for or obtain a nonresident permit, except as provided in Subsection R657-5-59(3) and Section R657-5-61.

    (7)(a) Applications must be mailed by the date prescribed in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game. Applications filled out incorrectly or received later than the date prescribed in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game may be rejected.

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

    (8)(a) Late applications, received by the date published in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation, will not be considered in the drawing, but will be processed for the purpose of entering data into the division's draw data base to provide:

    (i) future preprinted applications;

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

    (iii) re-evaluation of division or third-party errors.

    (b) The [$5]nonrefundable handling fee will be used to process the late application. Any permit fees submitted with the application will be refunded.

    (c) Late applications received after the date published in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation shall not be processed and shall be returned to the applicant.

    (9) Any person who applies for a hunt that occurs on private land is responsible for obtaining written permission from the landowner to access the property. To avoid disappointment and wasting the permit and fee if access is not obtained, hunters should get written permission before applying. The division does not guarantee access and does not have the names of landowners where hunts occur.

    (10) To apply for a resident permit, a person must establish residency at the time of purchase.

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

     

    R657-5-62. Application Withdrawal or Amendment.

    (1)(a) An applicant may withdraw their application for premium limited entry, limited entry, cooperative wildlife management unit and once-in-a-lifetime, and general buck deer and general muzzleloader elk permits from the big game drawing, or antlerless drawing by requesting such in writing by the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation or Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

    (b) The applicant must send their notarized signature with a statement requesting that their application be withdrawn to the [Salt Lake Division office.]address published in the proclamation of the Wildlife Board for taking big game.

    (c) Handling fees will not be refunded.

    (2)(a) An applicant may amend their application for the premium limited entry, limited entry, cooperative wildlife management unit and once-in-a-lifetime, and general buck deer and general muzzleloader elk permits from the big game drawing, or antlerless drawing by requesting such in writing by the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation or Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

    (b) The applicant must send their notarized signature with a statement requesting that their application be amended to the [Salt Lake Division office.]address published in the proclamation of the Wildlife Board for taking big game.

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

    (d) Handling fees will not be refunded.

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

     

    R657-5-65. Fees for Special Hunt Applications.

    (1) Each application must include:

    (a) the permit fee for the species applied for; and

    (b) a [$5 ]nonrefundable handling fee.

    (2)(a) Personal checks, money orders, cashier's checks and credit or debit cards are accepted from residents.

    (b) Money orders, cashier's checks and credit or debit cards are accepted from nonresidents. Personal checks are not accepted from nonresidents.

    (3)(a) Credit or debit cards must be valid at least 30 days after the drawing results are posted.

    (b) If applicants are applying as a group, all fees for all applicants in that group must be charged to one credit or debit card.

    (c) Handling fees are charged to the credit or debit card when the application is processed. Permit fees are charged after the drawing, if successful.

    (d) Payments to correct an invalid or refused credit or debit card must be made with a cashier's check or money order for the full amount of the application fees plus any permits requested.

    (4) An application is voidable if the check is returned unpaid from the bank or the credit or debit card is invalid or refused.

     

    KEY: wildlife, game laws, big game seasons

    [July 2, 2004]2005

    Notice of Continuation November 30, 2000

    23-14-18

    23-14-19

    23-16-5

    23-16-6

     

     

     

     

Document Information

Effective Date:
1/15/2005
Publication Date:
12/15/2004
Filed Date:
11/18/2004
Agencies:
Natural Resources,Wildlife Resources
Rulemaking Authority:

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

 

Authorized By:
Miles Moretti, Acting Director
DAR File No.:
27550
Related Chapter/Rule NO.: (1)
R657-5. Taking Big Game.