No. 29638 (Amendment): R657-44-6. Damage to Livestock Forage on Private Land.

DAR File No.: 29638
Filed: 03/13/2007, 12:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Provisions are being amended in this rule to allow an increase of mitigation permits issued to landowners.

Summary of the rule or change:

Section R657-44-6 is being amended to allow for more than 20 mitigation permits per landowner on management units where estimated populations are significantly over objective.

State statutory or constitutional authorization for this rule:

Sections 23-16-2, 23-16-3, 13-16-3.1, 23-16-3.2, and 23-16-4

Anticipated cost or savings to:

the state budget:

Since the amendment increases the amount of mitigation permits available to a landowner only on management units where populations are significantly over objective the Division of Wildlife Resources (DWR) determines that the amendment does not create a cost or savings impact to the state budget or DWR's budget.

local governments:

The amendment increases the amount of mitigation permits available to a landowner only on management units where populations are significantly over objective. 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:

The amendment increases the amount of mitigation permits available to a landowner only on management units where populations are significantly over objective. These amendments do not impose any requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

Since the amendment increases the amount of mitigation permits available to a landowner only on management units where populations are significantly over objective, DWR determines that there are no compliance costs 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:

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:

05/01/2007

This rule may become effective on:

05/08/2007

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-44. Big Game Depredation.

R657-44-6. Damage to Livestock Forage on Private Land.

(1)(a) If big game animals are damaging livestock forage on private land, the landowner or lessee shall immediately, upon discovery of big game damage, request that the division take action to alleviate the depredation problem pursuant to Section 23-16-3, and as provided in Subsections R657-44-3(1) through R657-44-3(4)(a)(v), and R657-44-3(5) and R657-44-3(8)(a).

(b) In determining appropriate mitigation, the division shall consider the landowner's or lessee's revenue pursuant to Subsections 23-16-3(2)(f) and 23-16-4(3)(b).

(c) Damage to livestock forage is not eligible for monetary compensation from the division.

(2)(a) Antlerless deer and doe pronghorn hunts may occur August 1 through December 31, and antlerless elk hunts may occur August 1 through January 31.

(b) Antlerless permits shall not exceed ten percent of the animals on the private land, with a maximum of twenty permits per landowner or lessee, except where the estimated population for the management unit is significantly over objective.

(c) Mitigation permits or vouchers may be withheld from persons who have violated this rule, any other wildlife rule, or the Wildlife Resources Code.

(3) The division may enter into a conservation lease with the landowner or lessee of private land pursuant to Subsection 23-16-3(5).

(4) Permits and vouchers for antlered animals using livestock forage on private land are issued only through the provisions provided in Rule R657-43.

 

KEY: wildlife, big game, depredation

Date of Enactment or Last Substantive Amendment: July 2, 2003

Notice of Continuation: July 3, 2002

Authorizing, and Implemented or Interpreted Law: 23-16-2; 23-16-3; 23-16-3.5