No. 39067 (Amendment): Rule R657-55. Wildlife Convention Permits

(Amendment)

DAR File No.: 39067
Filed: 01/12/2015 10:02:39 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) rule pursuant to convention permits.

Summary of the rule or change:

The proposed revisions to the above listed rule: 1) replace the term "convention" with "expo"; 2) allow for the conservation organization named in the expo contract the option to extend for up to five additional years upon mutual agreement of the division and approval of the Wildlife Board; and 3) formalize in rule the amount of application fee revenue that can be retained by the contractor for overhead at $3.50 per application, and specify that the remaining revenue be utilized for division director approved projects that advance wildlife interests in Utah.

State statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This amendment establishes procedures that will allow the group who holds the expo contract to negotiate contracts with vendors further in advance, and puts into rule a process that has already been practiced with the remaining revenue of the application fee. DWR determines that this amendment does 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 sets in rule a policy that has already been established and followed, 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:

This amendment places in rule the procedures for the revenue generated by the expo application fees and allows for an extension period of the contract; it does not have the potential to increase the cost to individuals. Therefore, this amendment does not have the potential to generate a cost or savings impact to small businesses.

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

This amendment places in rule the procedures for the revenue generated by the expo application fees and allows for an extension period of the contract, it does not have the potential to increase the cost to individuals. Therefore, this amendment does not have the potential to generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment places in rule the procedures for the revenue generated by the expo application fees and allows for an extension period of the contract. DWR determines that this amendment will not create additional costs for those participating in the wildlife exposition. Therefore, the rule amendment does not create a cost or savings impact to individuals.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule does 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:

03/03/2015

This rule may become effective on:

03/10/2015

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-55. Wildlife [Convention]Expo Permits.

R657-55-1. Purpose and Authority.

(1) Under the authority of Sections 23-14-18 and 23-14-19 of the Utah Code, this rule provides the standards and requirements for issuing wildlife [convention]expo permits.

(2) Wildlife [convention]expo permits are authorized by the Wildlife Board and issued by the division to a qualified conservation organization for purposes of generating revenue to fund wildlife conservation activities in Utah and attracting a regional or national wildlife [convention]exposition to Utah.

(3) The selected conservation organization will conduct a random drawing at [a convention]an exposition held in Utah to distribute the opportunity to receive wildlife [convention]expo permits.

(4) This rule is intended as authorization to issue one series of wildlife [convention]expo permits per year [beginning in 2012 through 2016 ]to one qualified conservation organization.

 

R657-55-2. Definitions.

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

(2) In addition:

(a) "Conservation organization" means a nonprofit chartered institution, corporation, foundation, or association founded for the purpose of promoting wildlife conservation.

(b) "Special nonresident [convention]expo permit" means one wildlife [convention]expo permit for each once-in-a-lifetime species that is only available to a nonresident hunter legally eligible to hunt in Utah.

(c) "Wildlife [Convention]exposition" means a multi-day event held within the state of Utah that is sponsored by multiple wildlife conservation organizations as their national or regional convention or event that is open to the general public and designed to draw nationwide attendance of more than 10,000 individuals. The wildlife [convention]exposition may include wildlife conservation fund raising activities, outdoor exhibits, retail marketing of outdoor products and services, public awareness programs, and other similar activities.

(d) "Wildlife [Convention Audit]exposition audit" means an annual review by the division of the conservation organization's processes used to handle applications for [convention]expo permits and conduct the drawing, and the protocols associated with collecting and using client data.

(e) "Wildlife [Convention Permit]expo permit" means a permit which:

(i) is authorized by the Wildlife Board to be issued to successful applicants through a drawing or random selection process conducted at a Utah wildlife [convention]exposition; and

(ii) allows the permittee to hunt [for ]the designated species on the designated unit during the respective season for each species as authorized by the Wildlife Board.

(f) "Wildlife [Convention Permit]expo permit series" means a single package of permits to be determined by the Wildlife Board for:

(i) deer;

(ii) elk;

(iii) pronghorn;

(iv) moose;

(v) bison;

(vi) rocky mountain goat;

(vii) desert bighorn sheep;

(viii) rocky mountain bighorn sheep;

(ix) wild turkey;

(x) cougar; or

(xi) black bear.

(g) "Secured [Opportunity]opportunity" means the opportunity to [participate in]receive a specified [hunt]wildlife expo permit that is secured by an eligible applicant through the exposition drawing process.

(h) "Successful [Applicant]applicant" means an individual selected to receive a wildlife [convention]expo permit through the drawing process.

 

R657-55-3. Wildlife [Convention]Expo Permit Allocation.

(1) The Wildlife Board may allocate wildlife [convention]expo permits by May 1 of the year preceding the wildlife [convention]exposition.

(2) Wildlife [convention]expo permits shall be issued as a single series to one conservation organization.

(3) The number of wildlife [convention]expo permits authorized by the Wildlife Board shall be based on:

(a) the species population trend, size, and distribution to protect the long-term health of the population;

(b) the hunting and viewing opportunity for the general public, both short and long term; and

(c) a percentage of the permits available to nonresidents in the annual big game drawings matched by a proportionate number of resident permits.

(4) Wildlife [convention]expo permits, including special nonresident [convention]expo permits, shall not exceed 200 total permits.

(5) Wildlife [convention]expo permits designated for the [convention]exposition each year shall be deducted from the number of public drawing permits.

 

R657-55-4. Obtaining Authority to Distribute Wildlife [Convention]Expo Permit Series.

[(1) The](1)(a) Except as provided in Subsection (b), the wildlife [convention]expo permit series is issued for a period of five years[as provided in Section R657-55-1(4)].

(b) For expo contracts governing the 2017 expo, and all expo contracts thereafter, the original five year term may be extended an additional period not to exceed five years, so long as:

(i) the division and conservation organization mutually agree in writing to an extension; and

(ii) the contract extension is approved by the Wildlife Board.

(2) The wildlife [convention]expo permit series is available to eligible conservation organizations for distribution through a drawing or other random selection process held at a wildlife [convention]exposition in Utah open to the public.

(3) Conservation organizations may apply for the wildlife [convention]expo permit series by sending an application to the division between August 1 and September [1, 2010.]1 of the year preceding the expiration of each wildlife exposition term, as provide in R657-55-4(1).

(4) Each application must include:

(a) the name, address and telephone number of the conservation organization;

(b) a description of the conservation organization's mission statement;

(c) the name of the president or other individual responsible for the administrative operations of the conservation organization; and

(d) a detailed business plan describing how the wildlife [convention]exposition will take place and how the wildlife [convention]expo permit drawing procedures will be carried out.

(5) An incomplete or incorrect application may be rejected.

(6) The division shall recommend to the Wildlife Board which conservation organization may receive the wildlife [convention]expo permit series based on:

(a) the business plan for the [convention]wildlife exposition and drawing procedures contained in the application; and

(b) the conservation organization's, including its constituent entities, ability, including past performance in marketing conservation permits under Rule R657-41, to effectively plan and complete the wildlife [convention]exposition.

(7) The Wildlife Board shall make the final assignment of the wildlife [convention]expo permit series based on the:

(a) division's recommendation;

(b) applicant conservation organization's commitment to use [convention]expo permit handling fee revenue to benefit protected wildlife in Utah;

(c) historical contribution of the applicant conservation organization, including its constituent entities, to the conservation of wildlife in Utah; and

(d) previous performance of the applicant conservation organization, including its constituent entities.

(8) The conservation organization receiving the wildlife [convention]expo permit series must:

(a) require each wildlife [convention]expo permit applicant to [verify they ]possess a current Utah hunting or combination license before [allowing them to apply]applying for a [convention]wildlife expo permit[.];

(b) select successful applicants for [the ]wildlife convention permits by drawing or other random selection process in accordance with law, provisions of this rule, proclamation, and order of the Wildlife Board;

(c) allow applicants to apply for [the ]wildlife [convention]expo permits without purchasing admission to the wildlife [convention]exposition;

(d) notify the division of the successful applicant of each wildlife [convention]expo permit within 10 days of the applicant's selection;

(e) maintain records demonstrating that the drawing was conducted fairly; and

(f) submit to an annual wildlife [convention]exposition audit by a division[-] appointed auditor.

(9) The division shall issue the appropriate wildlife [convention]expo permit to the designated successful applicant after:

(a) completion of the random selection process;

(b) verification of the recipient being [found ]eligible for the permit; and

(c) payment of the appropriate permit fee is received by the division.

(10) The division and the conservation organization receiving the wildlife [convention]expo permit series shall enter into a contract, including the provisions outlined in this rule.

(11) If the conservation organization awarded the wildlife [convention]expo permit series withdraws before the end of the 5 year period or any extension period under R657-55-4(1)(b), any remaining co-[participants]participant with the conservation organization may be given an opportunity to assume the contract and to distribute the [convention]expo permit series consistent with the contract and this rule for the remaining years [left ]in the [5 year]applicable period, provided:

(a) The original contracted conservation organization submits a certified letter to the division identifying that it will no longer be participating in the [convention]exposition.

(b) The partner or successor conservation organization files an application with the division as provided in [subsection ]Subsection (4) for the remaining period.

(c) The successor conservation organization submits its application request at least 60 days prior to the next scheduled [convention]exposition so that the wildlife board can evaluate the request under the criteria in this section.

(d) The Wildlife Board authorizes the successor conservation organization to assume the contract and complete the balance of the [5 year convention]expo permit series period.

(12) The division may suspend or terminate the conservation organization's authority to distribute wildlife [convention]expo permits at any time during the original five year award term or any extension period for:

(a) violating any of the requirements set forth in this rule or the contract; or

(b) failing to bring or organize a wildlife [convention]exposition in Utah, as described in the business plan under R657-55-4(4)(d), in any given year.

 

R657-55-5. [Hunter]Wildlife Expo Permit Application Procedures.

(1) Any [hunter]person legally eligible to hunt in Utah may apply for a wildlife [convention]expo permit, except that only a nonresident of Utah may apply for a special nonresident [convention]expo permit.

(2) Any handling fee assessed by the conservation organization to process applications shall not exceed $5 per application submitted[ at the convention].

(3)(a) Except as provided in Subsection (3)(b), applicants must validate their application in person at the wildlife [convention]exposition to be eligible to participate in the [random drawing process, for ]wildlife [convention permits, and no]expo permit drawing.

(i) No person may submit an application in behalf of another.

(ii) A person may validate their wildlife expo permit application at the exposition without having to enter the exposition and pay the admission charge.

(b) An applicant that is a member of the United States Armed Forces and unable to attend the wildlife [convention]exposition as a result of being deployed or mobilized in the interest of national defense or a national emergency is not required to validate their application in person; provided [convention]exposition administrators are furnished a copy of the written deployment or mobilization orders and the orders identify:

(i) the branch of the United States Armed forces from which the applicant is deployed or mobilized;

(ii) the location where the applicant is deployed or mobilized;

(iii) the date the applicant is required to report to duty; and

(iv) the nature and length of the applicant's deployment or mobilization.

(c) The conservation organization shall maintain a record, including copies of military orders, of all applicants that are not required to validate their applications in person pursuant to Subsection (3)(b), and submit to a [Division]division audit of these records as part of its annual audit under R657-55-4(8)(f).

(4) Applicants may apply for each individual hunt for which they are eligible.

(5) Applicants may apply only once for each hunt, regardless of the number of permits for that hunt.

(6) Applicants must submit an application for each desired hunt.

(7) Applicants must possess a current Utah hunting or combination license in order to apply for a wildlife expo permit.

(8) The conservation organization shall advertise, accept, and process applications for wildlife [convention]expo permits and conduct the drawing in compliance with this rule and all other applicable laws.

 

R657-55-6. Drawing Procedures.

(1) A random drawing or selection process must be conducted for each wildlife [convention]expo permit.

(2) [No preference or]Preference and bonus points [shall be]are neither awarded nor applied in the drawings.

(3) Waiting periods do not apply, except any person who obtains a wildlife [convention]expo permit for a once-in-a-lifetime species is subject to the once-in-a-lifetime restrictions applicable to obtaining a subsequent permit for the same species through a division application and drawing process, as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game.

(4) No predetermined quotas or restrictions shall be imposed in the application or selection process for wildlife [convention]expo permits between resident and nonresident applicants, except that special nonresident [convention]expo permits may only be awarded to a nonresident of Utah.

(5) Drawings will be conducted within five days of the close of the [convention.]exposition.

(6) Applicants do not have to be present at the drawing to be awarded a wildlife [convention]expo permit.

(7) The conservation organization shall identify all eligible alternates for each wildlife [convention]expo permit and provide the division with a finalized list. This list will be maintained by the conservation organization until all permits are issued.

(8) The division shall contact successful applicants by phone or mail, and the conservation organization shall post the name of all successful applicants on a designated website.

 

R657-55-7. Issuance of Permits.

(1) The division shall provide a wildlife [convention]expo permit to the successful applicant, as designated by the conservation organization.

(2) The division must provide a wildlife [convention]expo permit to each successful applicant, except as otherwise provided in this rule.

(3) The division shall provide each successful applicant a letter indicating the permit secured in the drawing, the appropriate fee owed the division, and the date the fee is due.

(4) (a) Successful applicants must provide the permit fee payment in full to the division[and will be issued].

(b) Subject to the limitation in Subsection (8), the division will issue the designated wildlife [convention permit upon receipt of the appropriate permit fee and providing proof they possess a current Utah hunting or combination license.]expo permit to the applicant.

(5) Residents will pay resident permit fees and nonresidents will pay nonresident permit fees.

(6) Applicants are eligible to obtain only one permit per species, except as provided in Rule R657-5, but no restrictions apply on obtaining permits for multiple species.

(7) [In]If an applicant is selected for more than one [convention]expo permit for the same species, the [Division]division will contact the applicant to determine which permit the applicant selects.

(a) The applicant must select the permit of choice within five days of receiving notification.

(b) If the [Division]division is unable to contact the applicant within 5 days, the [Division]division will issue to the applicant the permit with the most difficult drawings odds based on drawing results from the [Division's Big Game]division's big game drawing for the preceding year.

(c) Permits not issued to the applicant will go to the next person on the alternate drawing list for that permit.

(8) Any successful applicant who fails to satisfy the following requirements will be ineligible to receive the wildlife [convention]expo permit and the next drawing alternate for that permit will be selected[.]:

(a) The applicant fails to return the appropriate permit fee in full by the date provided in Subsection (3)[or];

(b) The applicant [did]does not possess a valid Utah hunting or combination license at the time the [convention]expo permit application was submitted and the permit received; or

(c) The applicant is legally ineligible to possess the permit.

 

R657-55-8. Surrender or Transfer of Wildlife [Convention]Expo Permits.

(1)(a) [If a]A person selected to receive a wildlife [convention]expo permit that is also successful in obtaining a Utah limited entry permit for the same species in the same year or successful in obtaining a general permit for a male animal of the same species in the same year, [that person cannot]may not possess both permits and must select the permit of choice.

(b) In the event [the]a secured opportunity is willingly surrendered before the permit is issued, the next eligible applicant on the alternate drawing list will be selected to receive the [secured opportunity]permit.

(c) In the event the wildlife [convention]expo permit is surrendered, the next eligible applicant on the alternate drawing list for that permit will be selected to receive [the permit]it, and the permit fee may be refunded, as provided in Sections 23-19-38, 23-19-38.2, and R657-42-5.

(2) A person selected by a conservation organization to receive a wildlife [convention]expo permit, may not sell or transfer the permit, or any rights thereunder to another person in accordance with Section 23-19-1.

(3) If a person is successful in obtaining a wildlife [convention]expo permit but is legally ineligible to hunt in Utah, the next eligible applicant on the alternate drawing list for that permit will be selected to receive [the permit]it.

 

R657-55-9. Using a Wildlife [Convention]Expo Permit.

(1) A wildlife [convention]expo permit allows the recipient to:

(a) take only the species for which the permit is issued;

(b) take only the species and sex printed on the permit;[ and]

(c) take the species only in the area and during the season specified on the permit; and

(d) take the species only with the weapon type specified on the permit.

(2) The recipient of a wildlife [convention]expo permit is subject to all of the provisions of Title 23, Wildlife Resources Code, and the rules and proclamations of the Wildlife Board for taking and pursuing wildlife.

 

R657-55-10. Wildlife Expo Permit -- Application Fee Revenue.

(1) All wildlife expo permit, application fee revenue generated by the conservation organization under R657-55-5(2) will be deposited in a separate, federally insured account to prevent commingling with any other funds.

(a) All interest earned on application fee revenue may be retained and used by the conservation organization for administrative expenses.

(2) The conservation organization may retain up to $3.50 of each $5.00 application fee for administrative expenses.

(3) The remaining balance of each $5.00 application fee will be used by the conservation organization to fund projects advancing wildlife interests in the state, subject the the following:

(a) project funding will not be committed to or expended on any project without first obtaining the division director's written approval;

(b) cash donations to the Wildlife Habitat Account created under Section 23-19-43 or Division Species Enhancement Funds are authorized projects that do not require the division director's approval; and

(c) application fee revenue dedicated to funding projects must be completely expended on or committed to approved projects by September 1st, two years following the year in which the application fee revenue is collected, unless otherwise authorized in writing by the division director.

(4) All records and receipts for projects under Subsection (3) must be retained by the conservation organization for a period not less than five years, and shall be produced to the division for inspection upon request.

(5) The conservation organization shall submit a report to the division and Wildlife Board each year no later than September 1st that accounts for and documents the following:

(a) gross revenue generated from collecting $5 wildlife expo permit application fees;

(b) total amount of application fee revenue retained for administrative expenses;

(c) total amount of application fee revenue set aside and dedicated to funding projects; and

(d) description of each project funded with application fee revenue, including the date of funding, the amount of funding contributed, and the completion status of the project.

(6) An organization that individually receives application fee revenue from the expo permit drawing pursuant to a co-participant contract with the conservation organization, is subject to the provisions in Subsections (1) through (5).

 

KEY: wildlife, wildlife permits

Date of Enactment or Last Substantive Change: [February 7, 2011]2015

Notice of Continuation: May 26, 2010

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

 

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