No. 40403 (Amendment): Rule R657-5. Taking Big Game

(Amendment)

DAR File No.: 40403
Filed: 05/05/2016 08:03:25 AM

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 revisions to this rule align the rule with current statute changes resulting from the 2016 Legislative Session under H.B. 84.

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 rule amendment removes the age restriction for 12- to 13-year-olds to apply for limited entry and once-in-a-lifetime permits in the big game drawing. Since this will not increase workload for the agency, the Division of Wildlife Resources (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 the amendment only adjusts the age for which a person can apply for limited entry permits, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

This amendment simply makes an age adjustment and allows for additional opportunities for sportsmen 12 to 13 years of age. It 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 simply makes an age adjustment and allows for additional opportunities for sportsmen 12 to 13 years of age. It does not have the potential to generate a cost or savings impact to sportsmen or the other persons.

Compliance costs for affected persons:

DWR determines that this amendment will not create additional costs for those who participate in wildlife-related activities in Utah.

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

The amendments to this rule do not 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:

07/01/2016

This rule may become effective on:

07/08/2016

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-5. Taking Big Game.

R657-5-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, the Wildlife Board has established this rule for taking deer, elk, pronghorn, moose, bison, bighorn sheep, and Rocky Mountain goat.

(2) Specific dates, areas, methods of take, requirements, and other administrative details which may change annually are published in the guidebook of the Wildlife Board for taking big game.

 

R657-5-4. Age Requirements and Restrictions.

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

 

KEY: wildlife, game laws, big game seasons

Date of Enactment or Last Substantive Amendment: [February 8], 2016

Notice of Continuation: October 5, 2015

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

 

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