No. 42913 (New Rule): Rule R657-51. Poaching-Reported Reward Permits

(New Rule)

DAR File No.: 42913
Filed: 05/14/2018 09:53:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being created pursuant to the Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources� (DWR) rules pursuant to the poaching reported reward permit program.

Summary of the rule or change:

This new rule combines language from Rules R657-5 and R657-10 to simplify and clarify the processes and procedures for acquiring a poaching-reported reward permit. This new rule also adds bear and harvest-objective cougar permits to the list of eligible species, as well as expanding the opportunity to general season permits. (EDITOR'S NOTE: The proposed amendment to Rule R657-5 is under Filing No. 42920 and the proposed amendment to Rule R657-10 is under Filing No. 42919 is this issue, June 1, 2018, of the Bulletin.)

Statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This new rule continues to allow for the issuance of poaching-reported reward permits. DWR has determined that this proposed rule does not create a cost or savings impact to the state budget, since the changes will not increase workload and can be carried out with the existing budget.

local governments:

Since these requirements were put into place in 1996 in Rules R657-5 and R657-10, no services have been required from local governments to fulfill the program, thus this filing does not create any direct costs or savings impact to any local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

Since these requirements were put into place in 1996 in Rules R657-5 and R657-10, no services have been required from small businesses to fulfill the program, thus this filing does not create any direct costs or savings impact to any small businesses. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from them.

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

This program has issued a total of 209 permits since its inception in 1996. The number of permits issued per year is small and are issued at no cost to the recipient, nor are they deducted from the quota available to all applicants, as such, this rule does not generate a cost or savings impact to other persons, including the permit recipients.

Compliance costs for affected persons:

DWR has determined that these amendments do not create additional costs for sportsmen qualifying to receive a poaching-reported reward permit in Utah.

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

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

07/02/2018

This rule may become effective on:

07/09/2018

Authorized by:

Mike Fowlks, Deputy Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

This new Rule R657-51 is not expected to have any fiscal impacts on large businesses revenues or expenditures, because there are no services required from them in order to implement the rule.

 

The head of department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.

 

 

R657. Natural Resources, Wildlife Resources.

R657-51. Poaching-Reported Reward Permits.

R657-51-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, the Wildlife Board has established this rule describing procedures the division may use in issuing permits to individuals who report unlawful taking of protected wildlife in Utah.

 

R657-51-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2 and R657-62.

(2) In addition:

(a) "Successful Prosecution" means:

(i) the issuance of a Class B misdemeanor citation for a wildlife violation under Utah Code 23-20-4; or

(ii) the filing of criminal charges eligible for a Class A or Class B misdemeanor or any felony under Section 23-20-4.

(b) "Qualifying Individual" means:

(i) an individual who provides accurate and credible information concerning a wildlife violation in Utah;

(ii) the division uses that information in securing a Successful Prosecution; and

(iii) the individual fully cooperates and supports the division throughout the prosecution process.

 

R657-51-3. General Permit Availability and Eligibility Provisions.

(1)(a) A poaching-reported reward permit may only be issued on a unit having 10 or more public draw permits issued in the upcoming season.

(b) If a poaching-reported reward permit is unavailable on a given unit, an alternative permit may be issued using the process identified in each species-specific section of this rule.

(c) The division may determine that a permit is unavailable on a unit if:

(i) less than 10 public draw permits will be issued for a given unit in the upcoming season;

(ii) the illegally harvested animal was taken outside of established unit boundaries; or

(iii) issuing a poaching-reported reward permit would exceed 10% of the total number of permits issued on that unit.

(2) A Qualifying Individual remains eligible to receive a poaching-reported reward permit, regardless of any applicable waiting periods they may otherwise be subject to.

(3) A Qualifying Individual receiving a poaching-reported reward permit will not:

(a) forfeit bonus points or preference points accumulated; or

(b) incur a waiting period, except as described in Subsection (4).

(4) A Qualifying Individual receiving a poaching-reported reward permit for a once-in-a-lifetime species is ineligible to apply for or obtain another once-in-a-lifetime permit for the same species and sex through the division's big game drawing.

(5)(a) The division may only issue one poaching-reported reward permit for any one animal illegally taken.

(b) No more than one poaching-reported reward permit may be issued to any one person per Successful Prosecution.

(c) No more than one poaching-reported reward permit per species shall be issued to any one person in any single calendar year.

(d) Nothing in this rule authorizes an individual to use or possess more than one permit for an antlered or horned animal of the same species in a single hunt year.

(e) The Qualifying Individual may choose the weapon type for the permit, so long as a permit for that weapon type is available.

(f) The Qualifying Individual may choose the season for the permit if different seasons are offered, except that multi-season permits may not be issued through the poaching-reported reward permit program.

(6)(a) Poaching-reported reward permits may only be issued to the individual who provides the most pertinent information leading to a Successful Prosecution.

(b) If information is received from more than one individual, the director of the division shall make a determination based on the facts of the case as to which individual is eligible to receive the permit.

(7) Poaching-reported reward permits are non-transferrable.

(8) Any person who receives a poaching-reported reward permit must possess or obtain a Utah hunting or combination license and otherwise be eligible to hunt the species for which the permit is issued for.

(9) The division may determine whether to offer monetary rewards in lieu of issuing a poaching-reported reward permit for a Qualifying Individual.

 

R657-51-4. Big Game Poaching-Reported Reward Permits.

(1) Successful Prosecutions for the illegal take of bull moose, desert bighorn ram, rocky mountain bighorn ram, rocky mountain goat, bison, bull elk, buck deer, and buck pronghorn may be eligible to receive a poaching-reported reward permit.

(2)(a) Poaching-reported reward permits for desert bighorn ram, rocky mountain bighorn ram, bull moose, Rocky Mountain goat, and bison may be issued on units or hunts meeting the general permit availability requirements as follows:

(i) a permit may be issued for a male animal of the same species and on the same unit as the animal illegally taken;

(ii) if a permit described in Subsection (a) is unavailable, a permit may be issued for a male animal of the same species on an alternative unit that is closest in proximity to where the animal was illegally taken;

(iii) if a permit described in Subsections (a) and (b) is unavailable, a permit may be issued for a male animal of another once-in-a-lifetime species on a unit that is closest in proximity to the unit where the animal was illegally taken; or

(iv) if a permit described in Subsections (a), (b), and (c) is unavailable, a permit may be issued for a male animal of a limited entry species on an alternative unit selected by the division.

(b) The division may issue a hunter's choice permit in lieu of a permit for a male animal for bison and Rocky mountain goat poaching-reported reward permits.

(3) Poaching-reported reward permits for premium limited entry deer may be issued on units or hunts meeting the general permit availability requirements as follows:

(a) a permit may be issued for a buck deer on the same premium limited entry unit as the animal illegally taken;

(b) if a permit described in Subsection (a) is unavailable, a permit may be issued for a buck deer on an alternative premium limited entry unit that is closest in proximity to where the animal was illegally taken; or

(c) if a permit described in Subsections (a) and (b) is unavailable, a permit may be issued for a buck deer on an alternative limited entry unit closest in proximity to where the animal was illegally taken.

(4) Poaching-reported reward permits for limited entry buck deer, bull elk, and buck pronghorn may be issued on units or hunts meeting the general permit availability requirements as follows:

(a) a permit may be issued for a male animal of the same species and on the same unit as the animal illegally taken; or

(b) if a permit described in Subsection (a) is unavailable, a permit may be issued for a male animal of the same species as the animal taken on an alternative limited entry unit for that species that is closest in proximity to where the animal was illegally taken.

(5) Poaching-reported reward permits for general season buck deer and bull elk may be issued on units or hunts meeting the general permit availability requirements as follows:

(a) a permit may be issued for a male animal of the same species and on the same unit as the animal illegally taken; or

(b) if a permit described in Subsection (a) is unavailable, a permit may be issued for a male animal of the same species as the animal taken on an alternative general season unit for that species that is closest in proximity to where the animal was illegally taken.

(6) If a violation occurs at a location having both general season and limited entry opportunities for the species illegally taken, the division may issue a limited entry permit for that species using the parameters identified in Subsection (4).

 

R657-51-5. Cougar Poaching-Reported Reward Permits.

(1) Limited-entry and harvest objective cougar units are eligible for poaching-reported reward permits.

(2) Only one poaching-reported reward permit may be issued for each limited-entry cougar unit per year.

(3) Poaching-reported reward permits for cougar may be issued on units or hunts.

(4) Meeting the general permit availability requirements as follows:

(a) if the animal was illegally taken on a harvest objective unit, a permit may be issued for a limited entry unit closest in proximity to that harvest objective unit;

(b) if the animal was illegally taken on a limited entry unit, a permit may be issued on the same limited entry unit; or

(c) if a permit described in Subsections (a) and (b) is unavailable, a permit may be issued on the limited-entry unit that is closest in proximity to where the animal was illegally taken.

 

R657-51-6. Bear Poaching-Reported Reward Permits.

(1) Limited-entry and harvest objective bear units are eligible for poaching-reported reward permits.

(2) Only one poaching-reported reward permit may be issued for each limited-entry bear unit per year.

(3) Poaching-reported reward permits for bear may be issued on units or hunts meeting the general permit availability requirements as follows:

(a) if the animal was illegally taken on a harvest objective unit, a permit may be issued for a limited entry unit closest in proximity to that harvest objective unit;

(b) if the animal was illegally taken on a limited entry unit, a permit may be issued on the same limited entry unit; or

(c) if a permit described in Subsections (a) and (b) is unavailable, a permit may be issued on the limited-entry unit that is closest in proximity to where the animal was illegally taken.

 

R657-51-7. Turkey Poaching-Reported Reward Permits.

(1) General season and limited-entry turkey units are eligible for poaching-reported reward permits.

(2) Poaching-reported reward permits for turkey may be issued on units or hunts meeting the general permit availability requirements as follows:

(a) a permit may be issued on the same unit as the animal that was illegally taken; or

(b) if a permit described in Subsection (a) is unavailable on that unit, a permit may be issued on a limited-entry or general season unit selected by the division.

 

KEY: wildlife, game laws, big game seasons

Date of Enactment or Last Substantive Amendment: 2108

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

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