No. 29923 (Amendment): R657-5. Taking Big Game

DAR File No.: 29923
Filed: 05/07/2007, 02:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the big game rule.

Summary of the rule or change:

The proposed amendments to this rule: 1) reduce the big game hunting age from 14 to 12, pursuant to H.B. 67 passed during the 2007 general session of the Utah State Legislature; 2) prohibit a person under the age of 14 from obtaining premium limited entry, limited entry, once-in-a-lifetime and cooperative wildlife management unit permits or bonus points, pursuant to H.B. 67 passed during the 2007 general session of the Utah State Legislature; 3) change the antlerless drawing application procedure to reflect online process only; and 4) make technical corrections for consistency and accuracy. (DAR NOTE: H.B. 67 (2007) is found at Chapter 139, Laws of Utah 2007, and was effective 04/30/2007.)

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 amendment reduces the age requirement for hunting big game, prohibits young hunters from applying for certain permits, and creates an online application process. Since this amendment reduces the age requirement to hunt big game it has the potential to expand the number of applicants applying for and obtaining big game permits. However, 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.

local governments:

Since this amendment reduces the age requirement to hunt big game it has the potential to expand the number of applicants applying for and obtaining big game permits. This amendment has the potential to increase the amount of hunters traveling to and purchasing products from local businesses, however this should have little to no effect on the local government. 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:

This amendment reduces the age requirement for hunting big game, prohibits young hunters from applying for certain permits, and creates an online application process. Since this amendment reduces the age requirement to hunt big game it has the potential to expand the number of applicants applying for and obtaining big game permits. This may expand the number of people purchasing licenses/goods and services at license agents. Therefore, the amendments have the potential to generate a cost or savings impact to other persons.

Compliance costs for affected persons:

DWR determines that these amendments will create additional costs for young hunters who decide to participate in hunting big game. Participation is voluntary and the rule amendments do not create a cost or savings impact to individuals who do not participate in hunting big game.

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

The amendments to this rule have a potential to 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:

07/02/2007

This rule may become effective on:

07/09/2007

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-5. Taking Big Game.

R657-5-4. Age Requirements and Restrictions.

(1)(a) [A]Subject to the exceptions in subsection (c), a person [14]12 years of age or older may [purchase]apply for or obtain a permit[ and tag] to hunt big game. A person [13]11 years of age may [purchase]apply for a permit[ and tag] to hunt big game if that person's [14]12th birthday falls within the calendar year for which the permit [and tag are]is issued.

(b) A person may not use a permit to hunt big game before their 12th birthday.

(c) A person who is younger than 14 years of age may not apply for or obtain the following types of big game permits issued by the division through a public drawing:

(i) premium limited entry;

(ii) limited entry;

(iii) once-in-a-lifetime; and

(iv) cooperative wildlife management unit.

(d) A person who is 13 years of age may apply for or obtain a type of permit listed in Subsection(1)(c) if that person's 14th birthday falls within the calendar year for which the permit is issued.

(e) antlerless deer, antlerless elk, and doe pronghorn permits are not limited entry, premium limited entry or cooperative wildlife management unit permits for purposes of determining a 12 or 13 year olds eligibility to apply for or obtain through a public drawing administered by the division.

(2)(a) A person at least [14]12 years of age and under 16 years of age must be accompanied by his parent or legal guardian, or other responsible person 21 years of age or older and approved by his parent or guardian, while hunting big game with any weapon.

(b) As used in this section, "accompanied" means at a distance within which visual and verbal communication are maintained for the purposes of advising and assisting.

 

R657-5-57. Antlerless Application - Deadlines.

(1) Applications are available [from license agents, division offices, and ]through the division's Internet address.

(2) Residents may apply for, and draw the following permits, except as provided in Subsection (5):

(a) antlerless deer;

(b) antlerless elk;

(c) doe pronghorn; and

(d) antlerless moose.

(3) Nonresidents may apply in the drawing for, and draw the following permits, except as provided in Subsection (5):

(a) antlerless deer;

(b) antlerless elk;

(c) doe pronghorn; and

(d) antlerless moose, if permits are available during the current year.

(4) A youth may apply in the antlerless drawing as provided in Subsection (3) or Subsection R657-5-59(3).

(5) Any person who has obtained a pronghorn permit, or a moose permit may not apply for a doe pronghorn permit or antlerless moose permit, respectively, except as provided in Section R657-5-61.

(6) A person may not submit more than one application in the antlerless drawing per each species as provided in Subsections (2) and (3).

(7) Only a resident may apply for or obtain a resident permit and only a nonresident may apply for or obtain a nonresident permit, except as provided in Subsection R657-5-59(4) and Section R657-5-61.

(8)(a) Applications must be [mailed]submitted online by the date prescribed in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.[ Applications filled out incorrectly or received later than the date prescribed in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game may be rejected.]

(b) If an error is found on an application, the applicant may be contacted for correction.

(9)[(a) Late applications, received by the date published in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation, will not be considered in the drawing, but will be processed for the purpose of entering data into the division's draw data base to provide:

(i) future preprinted applications;

(ii) notification by mail of late application and other draw opportunities; and

(iii) re-evaluation of division or third-party errors.

(b) The nonrefundable handling fee will be used to process the late application. Any permit fees submitted with the application will be refunded.

(c) Late applications received after the date published in the Antlerless Addendum to the Bucks, Bulls and Once-In-A-Lifetime Proclamation shall not be processed and shall be returned to the applicant.

(10)] Any person who applies for a hunt that occurs on private land is responsible for obtaining written permission from the landowner to access the property. To avoid disappointment and wasting the permit and fee if access is not obtained, hunters should get written permission before applying. The division does not guarantee access and does not have the names of landowners where hunts occur.

([11]10) To apply for a resident permit, a person must establish residency at the time of purchase.

([12]11) The posting date of the drawing shall be considered the purchase date of a permit.

 

R657-5-58. Fees for Antlerless Applications.

[Each application must include the permit fee and a nonrefundable handling fee for each species applied for, except when applying with a credit or debit card, the]The permit fees and handling fees must be paid pursuant to Rule R657-42-8(5).

 

R657-5-60. Antlerless Application Refunds.

(1) Unsuccessful applicants[, who applied with a check or money order will receive a refund in August.

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

([b) Unsuccessful applicants, who applied as a group, will receive an equally distributed refund of money remaining after the successful applicants' permits are paid for in accordance with Section R657-5-26(6).

(3]2) The handling fees are nonrefundable.

 

KEY: wildlife, game laws, big game seasons

Date of Enactment or Last Substantive Amendment: [April 9, ]2007

Notice of Continuation: November 21, 2005

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-16-5; 23-16-6