No. 32371 (Amendment): R657-42-4. Surrenders

DAR File No.: 32371
Filed: 02/12/2009, 12:32
Received by: NL

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 Resource's (DWR) rule pursuant to fees, exchanges, surrenders refunds, and reallocation of permits and other documents.

Summary of the rule or change:

The proposed revisions to this rule require all limited-entry, premium limited-entry, and once-in-a-lifetime permits that are obtained through a group application in the Bucks, Bulls and Once-in-a-Lifetime drawing meet certain conditions in order to have the hunter's bonus or preference points re-instated if the permit is surrendered.

State statutory or constitutional authorization for this rule:

Sections 23-19-1 and 23-19-38

Anticipated cost or savings to:

the state budget:

This rule amendment requires certain conditions be met in order for a permit holder to surrender his permit and have his bonus or preference points reinstated. It requires small programming changes and can be implemented with the Division's current budget. Therefore, DWR determines that these amendments will not create any 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 the amendment sets the criteria for surrendering a hunting permit and would impact only individual permit holders, this filing does not create any direct cost or savings impact to local governments since 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 amendment sets criteria for hunters wishing to surrender a permit received through a group application in the Bucks, Bulls, and Once-in-a-Lifetime drawing. While this amendment impacts the accrual of bonus and preference points, it does not have an additional financial requirement on persons who wish to surrender a permit, and would not generate a cost or saving impact to other persons.

Compliance costs for affected persons:

DWR determines that these amendments will not create additional costs for hunters who wish to surrender a permit received through a group application. Participation is voluntary and the rule amendments do not create a cost or savings impact to individuals who participate in hunting in Utah.

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:

03/31/2009

This rule may become effective on:

04/07/2009

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-42. Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents.

R657-42-4. Surrenders.

(1) Any person who has obtained a wildlife document and decides not to use it, may surrender the wildlife document to any division office.

(2) Any person who has obtained a wildlife document may surrender the wildlife document prior to the season opening date of the wildlife document for the purpose of:

(a) waiving the waiting period normally assessed and reinstating the number of bonus points, including a bonus point for the current year as if a permit had not been drawn, if applicable;

(b) reinstating the number of preference points, including a preference point for the current year as if a permit had not been drawn, if applicable; or

(c) purchasing a reallocated permit or any other permit available for which the person is eligible.

(3) A CWMU permit must be surrendered prior to the applicable season opening date provided by the CWMU operator, except as provided in Section R657-42-11.

(4) Dedicated hunter participants must surrender their permits prior to the general archery deer season, except as provided in Section R657-38-6.

(5) A person may surrender a limited-entry, premium limited-entry or once-in-a-lifetime permit received through a group application in the Bucks, Bulls and Once-in-a-Lifetime drawing and have their bonus points for that permit species reinstated, provided;

(a) all group members surrender their permits; and

(b) all permits are surrendered to the division more than 30 days before the start of the season for which the permit is valid.

(6) A person may surrender a general season permit received through a group application in the Bucks, Bulls and Once-in-a-Lifetime drawing and have their preference points reinstated, provided;

(a) all members of the group surrender their permits to the division prior to the start of the season for which the permit is valid.

(7) Notwithstanding Subsections (5)(b) and (6)(a), a person who obtains a permit through a group application in the Bucks, Bulls and Once-in-a-Lifetime drawing may surrender that permit after the opening date of the applicable hunting season and have the bonus points for the permit species restored, provided the person;

(a) is a member of United States Armed Forces or public health or public safety organization and is deployed or mobilized in the interest of national defense or national emergency;

(b) surrenders the permit to the division, with the tag attached and intact, or signs an affidavit verifying the permit is no longer in their possession within one year of the end of hunting season authorized by the permit; and

(c) satisfies the requirements for receiving a refund in R657-42-5(3)(c) and (d).

(8) The division may not issue a refund, except as provided in Section R657-42-5.

 

KEY: wildlife, permits

Date of Enactment or Last Substantive Amendment: [May 8, 2008]2009

Notice of Continuation: May 8, 2008

Authorizing, and Implemented or Interpreted Law: 23-19-1; 23-19-38; 23-19-38.2