No. 28457 (Amendment): R657-33. Taking Bear

DAR File No.: 28457
Filed: 01/10/2006, 11:24
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Wildlife Board meetings conducted annually for taking public input and reviewing the division's bear program. The public is welcome to view the Regional Advisory Council minutes, Wildlife Board minutes, and administrative record for this rule at the Division of Wildlife Resources (DWR).

 

Summary of the rule or change:

Section R657-33-2 is being amended to define "limited entry permit." Section R657-33-14 is being amended to allow hunters with a limited entry bear archery permit to now use two bait stations instead of one. Section R657-33-25 is being amended to require all hunters who draw a permit to hunt black bear to complete a mandatory orientation course before their permit is distributed. Previously, not all of the bear hunt areas required the course. Section R657-33 is being amended to provide DWR additional time to process refunds for unsuccessful applicants who applied in the drawing who applied with a check or money order. Those individuals will now receive their refunds in April instead of May. Other administrative changes are made for 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:

None--The amendments clarify the procedures and requirements for obtaining bear permits, and other administrative details. Therefore, DWR determines that these amendments do not create a cost or savings impact to the state budget or the 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 amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments.

 

other persons:

None--The amendments clarify the procedures and requirements for obtaining bear permits, 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:

None--The amendments clarify the procedures and requirements for obtaining bear permits, and other administrative details. DWR determines that there are no additional compliance costs for affected persons associated with this amendment.

 

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:

03/03/2006

 

This rule may become effective on:

03/06/2006

 

Authorized by:

James F Karpowitz, Director

 

 

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-33. Taking Bear.

R657-33-2. Definitions.

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

(2) In addition:

(a) "Bait" means any lure containing animal, mineral or plant materials.

(b) "Baiting" means the placing, exposing, depositing, distributing or scattering of bait to lure, attract or entice bear on or over any area.

(c) "Bear" means Ursus americanus, commonly known as black bear.

(d) "Canned hunt" means that a bear is treed, cornered, held at bay or its ability to escape is otherwise restricted for the purpose of allowing a person who was not a member of the initial hunting party to arrive and take the bear.

(e) "Cub" means a bear less than one year of age.

(f) "Evidence of sex" means the teats, and sex organs of a bear, including a penis, scrotum or vulva.

(g) "Green pelt" means the untanned hide or skin of a bear.

(h) "Limited entry hunt" means any hunt listed in the hunt table, published in the proclamation of the Wildlife Board for taking bear, which is identified as a limited entry hunt and does not include pursuit only.

(i) "Limited entry permit" means any permit obtained for a limited entry hunt by any means, including conservation permits and sportsman permits.

(j)[(i)] "Pursue" means to chase, tree, corner or hold a bear at bay.

[(j)(i)](k)(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 (i) may still be considered valid if the application is timely corrected through the application correction process.

[(k)](l) "Waiting period" means a specified period of time that a person who has obtained a bear permit must wait before applying for any other bear permit.

 

R657-33-14. Use of Bait.

(1)(a) A person who has obtained a limited entry bear archery permit may use archery tackle only, even when hunting bear away from the bait station.

(b) A person may establish or use [only one]no more than two bait [station.]stations. The bait station(s) may be used during both open seasons.

(c) Bear lured to a bait station may not be taken with any firearm or the use of dogs.

(d) Bait may not be contained in or include any metal, glass, porcelain, plastic, cardboard, or paper.

(e) The bait station must be marked with a sign provided by the division and posted within 10 feet of the bait.

(2)(a) Bait may be placed only in areas open to hunting and only during the open seasons.

(b) All materials used as bait must be removed within 72 hours after the close of the season or within 72 hours after the person or persons, who are registered for that bait station harvest a bear.

(3) A person may use nongame fish as bait, except those listed as prohibited in Rule R657-13 and the proclamation of the Wildlife Board for Taking Fish and Crayfish. No other species of protected wildlife may be used as bait.

(4)(a) Domestic livestock or its parts, including processed meat scraps, may be used as bait.

(b) A person using domestic livestock or their parts for bait must have in possession:

(i) a certificate from a licensed veterinarian certifying that the domestic livestock or their parts does not have a contagious disease, and stating the cause and date of death; and

(ii) a certificate of brand inspection or other proof of ownership or legal possession.

(5) Bait may not be placed within:

(a) 100 yards of water or a public road or designated trail; or

(b) 1/2 mile of any permanent dwelling or campground.

(6) Violations of this rule and the proclamation of the Wildlife Board for taking and pursuing bear concerning baiting on federal lands may be a violation of federal regulations and prosecuted under federal law.

 

R657-33-25. Taking Bear.

(1) A person may take only one bear during the season and from the limited entry area specified on the permit.

(2)(a) A person may not take or pursue a female bear with cubs.

(b) Any bear, except a cub or a sow accompanied by cubs, may be taken during the prescribed seasons.

(3) Limited entry permits may be obtained by following the application procedures provided in this rule and the proclamation of the Wildlife Board for taking and pursuing bear.

(4)(a) A mandatory orientation course is required for hunters who draw a permit [for the following hunts:]to hunt black bear.

[(i) South Slope, Yellowstone;

(ii) South Slope, Vernal/Diamond Mountain/Bonanza;

(iii) Nine Mile, Anthro-Range Creek;

(iv) La Sal Mountains, Dolores Triangle;

(v) San Juan;

(vi) Central Mountains, Manti-North;

(vii) Central Mountains, Manti-South;

(viii) Wasatch Mountains, West; and

(ix) Wasatch Mountains, Currant Creek-Avintaquin.

(b) Hunters will be notified of the orientation process.

(c) Permits for spring](b) Permits for bear hunts will be distributed to successful applicants upon completion of the orientation course.

(5) Season dates, closed areas and limited entry permit areas are published in the proclamation of the Wildlife Board for taking and pursuing bear.

 

R657-33-33. Refunds.

(1) Unsuccessful applicants, who applied in the drawing and who applied with a check or money order, will receive a refund in [May]April.

(2) Unsuccessful applicants, who applied with a credit or debit card, will not be charged for a permit.

(3) The handling fees are nonrefundable.

 

KEY: wildlife, bear, game laws

Date of Enactment or Last Substantive Amendment: [March 4, 2005]2006

Notice of Continuation: December 31, 2002

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-13-2