No. 28377 (Amendment): R657-23. Utah Hunter Education Program

DAR File No.: 28377
Filed: 11/25/2005, 12:08
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to remove the provision that the Division of Wildlife Resources (DWR) will issue a state of Utah hunter education card (Blue Card) free of charge to individuals who have completed an approved hunter education course in another state, province, or country and has since become a Utah resident. This change was prompted by a desire for DWR to treat transfer hunter education cards similar to how other states handle them. Keeping DWR processes similar to other states is easier for customers to understand and follow.

 

Summary of the rule or change:

Subsection R657-23-4(2)(c) was amended in order to remove the provision that DWR will issue a state of Utah hunter education card (Blue Card) free of charge to individuals who have completed an approved hunter education course in another state, province, or country and has since become a Utah resident. Subsections R657-23-4(2) and R657-23-4(8) were updated to reflect the removal of Subsection R657-23-4(2)(c).

 

State statutory or constitutional authorization for this rule:

Section 23-19-11

 

Anticipated cost or savings to:

the state budget:

This rule is being amended to remove the provision that DWR will issue a state of Utah hunter education card (Blue Card) free of charge to individuals who have completed an approved hunter education course in another state, province, or country and has since become a Utah resident. DWR determines that this amendment does 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:

This rule is being amended to remove the provision that DWR will issue a state of Utah hunter education card (Blue Card) free of charge to individuals who have completed an approved hunter education course in another state, province, or country and has since become a Utah resident. Therefore, this amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

 

Compliance costs for affected persons:

The compliance cost associated with this amendment is $10. DWR will issue a state of Utah hunter education card (Transfer Blue Card) to individuals who have completed an approved hunter education course in another state, province, or country and has since become a Utah resident for $10. The cost for a "transfer" blue card will now be the same cost for obtaining a duplicate.

 

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:

Robin Thomas at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, 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:

01/17/2006

 

This rule may become effective on:

01/18/2006

 

Authorized by:

James F Karpowitz, Director

 

 

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-23. Utah Hunter Education Program.

R657-23-1. Purpose and Authority.

Under authority of Section 23-19-11, this rule provides the process and requirements for:

(1) hunter education instructor and student training; and

(2) presenting and obtaining proof of having successfully completed an approved hunter education course.

 

R657-23-2. Definitions.

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

(2) In addition:

(a) "Approved hunter education course" means any hunter education course that qualifies a person to receive a resident hunting license in the state, province, or country in which the hunter education course is offered.

(b) "Authorized division representative" means a volunteer hunter education instructor who has been approved by the division to issue duplicate blue cards.

(c) "Blue Card" means the certificate of completion issued by the division for having passed a Utah hunter education course or an approved hunter education course.

(d) "Certificate of completion" means a card, certificate, or other document issued by the wildlife agency of a state, province, or country, and signed by a hunter education instructor, verifying successful completion of an approved hunter education course.

(e) "Field day" means a student has successfully completed the hunter education course online and shall participate in taking a written test, a practical shooting test, and instruction on firearms safety and hunter responsibility during a minimum of five hours with a hunter education instructor.

(f) "Home study hunter education course" means a hunter education course that is offered to a person 18 years of age or older and is completed at home substituting seven hours of the minimum 12 hours classroom requirement and is taken through the division's home study workbook.

(g) "Instructor" means a volunteer hunter education instructor or division employee who has been certified by the division to teach the hunter education program to students.

(h) "Online hunter education course" means a hunter education course that is completed online substituting the minimum 12 hours classroom requirement, and is taken through the division's Internet address.

(i) "Student" means a person who is registered in a hunter education course being taught by a certified hunter education instructor.

(j) "Traditional hunter education course" means a hunter education course that is a minimum of 12 classroom hours, a written test and a practical shooting test.

 

R657-23-3. Hunter Education Required.

(1)(a) To obtain a hunting license, any person born after December 31, 1965, must present proof of having passed a division approved hunter education course.

(b) A person may take a hunter education course offered by the division as provided in Subsection (2), (3), or (4).

(2) Completion of a traditional hunter education course requires students to:

(a) attend the minimum 12-hour classroom course;

(b) behave in a safe and responsible manner in class;

(c) obtain a passing score of at least 75% on a written test; and

(d) obtain a passing score of at least 50% on a shooting practical test.

(3) Completion of the home study hunter education course requires students to:

(a) complete the hunter education home study workbook;

(b) attend two classes for a minimum of five hours of classroom instruction within a five-week period;

(c) behave in a safe and responsible manner while attending the class;

(d) obtain a passing score of at least 75% on a written test; and

(e) obtain a passing score of at least 50% on a shooting practical test.

(4) Completion of the online hunter education course requires students to:

(a) preregister for the field day by submitting the registration form and hunter education fee to the division through the division's Internet address;

(b) comprehensively read each chapter of the online workbook, and complete and obtain a passing score of at least 80% of each quiz that is provided after each chapter of the workbook;

(c) behave in a safe and responsible manner while attending the field day;

(d) obtain a passing score of at least 75% on a written test; and

(e) obtain a passing score of at least 50% on a shooting practical test.

(5)(a) The division, through the instructor, issues a Blue Card to each individual who successfully completes the hunter education course.

(b) A Blue Card shall not be issued to a person who has not successfully completed the hunter education requirements.

(6) The division shall accept other states, provinces, and countries criteria and qualifications for their respective courses, which meet or exceed the International Hunter Education Association hunter education standards.

 

R657-23-4. Documents Accepted as Proof of Completion of a Hunter Education Course.

(1) The division and division approved license agents shall accept proof of completion of an approved hunter education course in accordance with Section 23-19-11.

(2)(a) Any person who has completed an approved hunter education course in another state, province, or country and becomes a Utah resident must obtain a transfer Blue Card prior to purchasing a resident hunting license.

(b) The person must present proof of completion of an approved hunter education course to a division office as required under Subsection (1).[

(c) The division shall issue the person a Blue Card at no cost.]

(3)(a) If an applicant for a nonresident hunting license is not able to present a hunting license or a certificate of completion as provided in Subsection (1), the division may contact another state, province, or country to verify the completion of a hunter education course so that a nonresident hunting license may be issued.

(4)(a) If an applicant for a resident or nonresident hunting license has completed a hunter education course in Utah but is not able to present a hunting license or a certificate of completion as provided in Subsection (1), the division may research the division's hunter education records to verify that the applicant has completed the hunter education course.

(b) Upon issuance of the hunting license, the division shall indicate the applicant's hunter education number on the face of the hunting license.

(5)(a) If a Blue Card is lost or destroyed, a person may apply by mail or in person at a division office, or may contact an authorized division representative to obtain a duplicate Blue Card. The person must complete an affidavit and request a record's search.

(b) Upon verification of completion of the hunter education course, the division or authorized division representative may issue the person a duplicate Blue Card.

(6) The division requires any person whose records cannot be found or who cannot be verified as having completed a hunter education course to take the complete course as required under Section R657-23-3.

(7) For the purpose of issuing a hunting license, the division may, upon request, provide verification to another state's wildlife agency that a resident or former resident of Utah has met the Utah hunter education requirements.

(8) The division may charge a fee for the services provided in Subsections (2), (3), (4), and (5).

 

R657-23-5. Hunter Education Instructor Training.

(1) A person must be 21 years of age or older to become a certified hunter education instructor.

(2) Completion of a hunter education instructor course requires a person to:

(a) attend the 18 hour classroom course;

(b) pass a criminal background check;

(c) obtain a passing score of at least 75% on a written test; and

(d) obtain a passing score of at least 50% on a shooting practical test.

(3) The division shall issue a hunter education instructor card to each individual who successfully completes the hunter education instructor course.

 

KEY: wildlife, game laws, hunter education[*]

[February 16, 2003]2006

Notice of Continuation December 31, 2002

23-19-11