No. 30903 (New Rule): R657-58. Fishing Contests and Clinics

DAR File No.: 30903
Filed: 01/14/2008, 02:14
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is proposed to provide standards and procedures for conducting fishing contests and events including tagged fish contests and fishing clinics.

Summary of the rule or change:

This rule provides the standards and procedures for fishing contests and events including: Type I fishing contests; Type II fishing contests; tagged fish contests; and fishing clinics.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

This new rule will replace the stipulations found in Section R657-13-4, Fishing Contests, which are currently in place. 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, since the changes will not increase workload and can be carried out with existing budget. (DAR NOTE: The proposed amendment to Section R657-13-4 is under DAR No. 30904 is this issue, February 1, 2008, of the Bulletin.)

local governments:

Since this amendment only clarifies restrictions already in place, this should have little to no effect on local governments. 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 and persons other than businesses:

This rule may impose additional financial requirements on persons requesting to sponsor a fishing contest or clinic since this new rule requires payment of a fee to obtain a Certificate of Registration to host certain fishing contests.

Compliance costs for affected persons:

DWR determines that these amendments do not create a cost or savings impact to individuals who participate in fishing.

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:

03/03/2008

This rule may become effective on:

03/10/2008

Authorized by:

James F 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.

 

R657-58-2. Definitions.

(1) Terms used in this rule are defined in Sections 23-13-2 and R657-13-2.

(2) In addition:

(a) "Certificate of Registration (COR)" means a license or permit issued by the division that authorizes a contest organizer to conduct a contest and spells out any special provisions and conditions that must be followed.

(b) "cold water fish species" means: mountain whitefish, Bonneville whitefish, Bear Lake whitefish, Bonneville cisco, Bear Lake cutthroat, Bonneville cutthroat, Colorado River cutthroat, Yellowstone cutthroat, rainbow trout, lake trout, brook trout, arctic grayling, brown trout, and kokanee salmon.

(c) "cull" or "high-grade" means to release alive and in good condition, a fish that has been held as part of a possession limit for the purpose of including larger fish in the possession limit.

(d) "fishing clinic" means an organized gathering of anglers for non-competitive, educational purposes that does not offer cash, awards or prizes for their individual or team catches.

(e) "live weigh" or "live weigh-in" means that fish are held in possession by contest participants and transported live to a specified location to be weighed.

(f) "possession" means active or constructive possession.

(g) "tagged fish contest" means any fishing contest where prizes are awarded for the capture of fish previously tagged or marked specifically for that contest.

(h) "Type I fishing contest" means a competitive event for warm or cold water fish species, other than a tagged fish contest, that meets any of the following criteria:

i) involves 50 or more participants;

ii) awards cash and/or prizes valued at $2,000 or more; or

iii) utilizes a live weigh-in.

(i) "Type II fishing contest" means a competitive event for warm or cold water fish species, other than a tagged fish contest, that meets all of the following criteria:

(a) involves fewer than 50 contestants;

(b) awards cash and/or prizes valued at less than $2,000; and

(c) does not utilize a live weigh-in.

(j) "warmwater fish species" means: walleye, yellow perch, striped bass, largemouth bass, white bass, smallmouth bass, bullhead, channel catfish, black crappie, northern pike, green sunfish, wipers, bluegill, tiger muskellunge, common carp, and burbot.

 

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 subsections R657-58(4)(5)(6).

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

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

(4) 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.

(5)(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.

(6) 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.

(7)(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, Subsection R657-58-3(4), may alter the 45-day COR review period.

(c) Variances to the COR review period may only be granted by the director.

(8) 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.

(9) 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.

(10) 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.

 

R657-58-5. Requirements for Type I Fishing Contests for Cold Water Fish Species.

(1) A COR from the division is required for all Type I fishing contests for cold water fish species.

(2) Type I fishing contests for cold water fish may not:

(a) involve more than 200 participants.

(b) offer more than $2,000 in total prizes.

(c ) utilize live weigh-ins.

(3) Type I fishing contests for cold water fish species are prohibited on waters where the Wildlife Board has imposed more restrictive special harvest rules for targeted cold water fish species including tackle restrictions, size restrictions, and other exceptions to the general fishing regulations, except as provided in (4).

(4) At Flaming Gorge and Echo Reservoirs there is no limit to the number of participants or total prizes.

(5) Type I fishing contests for cold water fish species may not be held

(a) on Free Fishing Day except at Echo Reservoir.

(6) Fish taken in Type I cold water fishing contests may not be culled.

 

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) Lake Powell for striped bass;

(b) Flaming Gorge Reservoir for burbot, lake trout;

(c) East Canyon Reservoir for smallmouth bass;

(d) Scofield Reservoir for rainbow trout;

(e) Willard Bay for carp, hybrid striped bass;

(f) Utah Lake for white bass, carp;

(g) Starvation Reservoir for walleye;

(h) Yuba Reservoir for walleye;

(i) Millsite Reservoir for trout;

(j) Deer Creek Reservoir for trout;

(k) Gunlock Reservoir for crappie, bass;

(l) Hyrum Reservoir for yellow perch, trout;

(m) Jordanelle Reservoir for yellow perch, trout, bass;

(n) Otter Creek Reservoir for trout;

(o) Palisade for trout;

(p) Piute Reservoir for trout;

(q) Red Fleet Reservoir for trout, bluegill;

(r) Steinaker Reservoir for trout, bluegill;

(s) Sand Hollow Reservoir for bluegill, bass;

(t) Rockport Reservoir for yellow perch, trout;

(u) Echo Reservoir for yellow perch, trout; and

(v) Quail Creek Reservoir for trout, bass.

 

KEY: fish, fishing, wildlife, wildlife law

Date of Enactment or Last Substantive Amendment: 2008

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