No. 43724 (Amendment): Rule R657-37. Cooperative Wildlife Management Units for Big Game or Turkey

(Amendment)

DAR File No.: 43724
Filed: 05/20/2019 06:35:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Wildlife Board meetings conducted for taking public input and reviewing the Cooperative Wildlife Management Unit (CWMU) program for big game.

Summary of the rule or change:

The proposed amendments to this rule will: 1) expand the Landowner Association member definition to include CWMU employees, agents, and volunteers who are acting under the direction of an operator; 2) eliminate different hunt boundaries for multiple species on a single CWMU; 3) require a landowner or lessee with agricultural interests inside the CWMU to sign a waiver releasing all claims for depredation assistance on the property; 4) require CWMU's to notify the Division of Wildlife Resources (DWR) of land-ownership changes within the CWMU; 5) require an operator to disclose any areas excluded from hunting in the CWMU management plan; 6) prohibit the CWMU from harassing wildlife in an effort to retain animals on the property, unless authorized by DWR to limit agricultural damage to neighboring lands; 7) allow a management buck hunt on the CWMU if there is a current management buck hunt on the unit that the CWMU lies within; 8) simplify muzzleloader elk season dates to match the standard 61-day elk season; 9) set August 1 deadline for the donation of vouchers through reciprocal agreements; 10) designates an individual who will administer and coordinate reciprocal agreements; 11) require the CWMU to provide an annual report; and 12) make technical corrections.

Statutory or constitutional authorization for this rule:

• Section 23-23-3

Anticipated cost or savings to:

the state budget:

The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that these amendments do not create a cost or savings impact to small businesses.

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

The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that these amendments do not create a cost or savings impact to other persons.

Compliance costs for affected persons:

The amendments to this rule are for the purpose of clarifying for both the CWMU operators and DWR, the implementation and running of the CWMU program. DWR has determined that there are no additional compliance costs associated with these amendments.

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

After conducting a thorough analysis, it was determined that these proposed rule amendments 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:

07/15/2019

This rule may become effective on:

07/22/2019

Authorized by:

Mike Fowlks, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These rule changes are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures, because it simply clarifies a working process all ready in place with CWMU operators. It will not require an additional service or cost to continue to participate in the program.

 

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

 

 

R657. Natural Resources, Wildlife Resources.

R657-37. Cooperative Wildlife Management Units for Big Game or Turkey.

R657-37-1. Purpose and Authority.

(1) Under authority of Section 23-23-3, this rule provides the standards and procedures applicable to Cooperative Wildlife Management Units organized for the hunting of big game or turkey.

(2) Cooperative Wildlife Management Units are established to:

(a) increase wildlife resources;

(b) provide income to landowners;

(c) provide the general public access to private and public lands for hunting big game or turkey within a Cooperative Wildlife Management Unit;

(d) create satisfying hunting opportunities;

(e) provide adequate protection to landowners who open their lands for hunting; and

(f) provide landowners an incentive to manage lands to protect and sustain wildlife habitat and benefit wildlife.

 

R657-37-2. Definitions.

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

(2) In addition:

(a) "CWMU" means Cooperative Wildlife Management Unit.

(b) "CWMU agent" means a person appointed by a landowner association member to protect private property within the CWMU.

(c) "General public" means all persons except landowner association members and their spouse or dependent children.

(d) "Landowner association" means a landowner or group of landowners of private land organized as a single entity for the purpose of applying for, becoming and operating a CWMU.

(e) "Landowner association member" means:

(i) an individual landowner or the managing members of a legal entity holding a fee interest in private property enrolled in a CWMU;

(ii) a landowner association president;[ and]

(iii) a landowner association operator; and

(iv) employees, agents, and volunteers operating under the authority of or at the direction of a landowner association president or operator.

(f) "Landowner association operator" means a person designated by the landowner association to operate the CWMU and handle day-to-day interactions of the landowner association with the public.

(g) "Landowner association president" means a representative of the landowner association who is responsible for all internal operations of the landowner association and is ultimately responsible for the CWMU.

(h) "Voucher" means a document issued by the division to a landowner association member, allowing a landowner association member to designate who may purchase a CWMU big game or turkey hunting permit from a division office.

 

R657-37-3. Requirements for the Establishment of a Cooperative Wildlife Management Unit.

(1)[(a) The minimum allowable acreage for a CWMU is 10,000 contiguous acres, except as provided in Subsection (3).] A CWMU may be established for the purposes of hunting one or more of the following:

[(b) Land parcels that adjoin corner-to-corner shall not be considered contiguous for the purpose of meeting minimum acreage requirements for CWMUs except as specifically authorized by the Wildlife Board pursuant to Subsection (3)(b) and R657-37-6.](a) mule deer;

(b) elk;

(c) [The land comprising Domesticated Elk Facilities and Domesticated Elk Hunting Parks, as defined in Section 4-39-102(2) and Rules R58-18 and R58-20, shall not be included as part of any big game or turkey CWMU.]moose;

(d) [No land parcel shall be included in more than one CWMU.]pronghorn; and

(e) [Separate hunt boundaries by species on a CWMU are not permitted.]turkey.

[(f) For](2) The Wildlife Board may approve the [purpose]issuance of[issuing] a certificate of registration [under R657-37-5, public lands cannot be used to attain minimum acreages.

(g) All lands included within a CWMU shall provide quality hunting opportunity in order to qualify towards minimum acreage requirements.

(2) The Wildlife Board may approve a new CWMU having at least 10,000 contiguous acres]for a CWMU, provided:

(a) the property is capable of independently maintaining the presence of the respective species and harboring them during the [period of]established hunting season;

(b) the property is capable of accommodating the anticipated number of hunters and providing a reasonable hunting opportunity;

(c) the property exhibits enforceable boundaries clearly identifiable to both the public and private hunters;[and]

(d) the CWMU contributes to meeting division wildlife management objectives ;

(e) as needed, the CWMU provides reasonable assistance to the division in minimizing and addressing damage to agricultural interests within and adjacent to the CWMU caused by wildlife; and

(f) the CWMU meets the technical specifications provided in this rule.

(3)[(a) The Wildlife Board may approve a new CWMU for deer, pronghorn or turkey that is at least 5,000 contiguous acres provided that it otherwise satisfies the requirements of Subsections (1) and (2).

] A CWMU shall satisfy the following criteria:

(a) a CWMU for elk or moose must contain at least 10,000 contiguous acres;

(b)[The Wildlife Board may approve a new] a CWMU for deer, pronghorn, [elk or moose that fails to meet the acreage or parcel configuration requirements in Subsection (1), provided: ]or turkey must contain at least 5,000 contiguous acres;

[(i) the applicant submits a written request for special considerations to the CWMU Advisory Committee by February 1 ^st prior to the annual August 1 ^st application deadline;

(ii) upon receipt of a request for special considerations, the CWMU Advisory Committee will immediately forward the request to the division for review and recommendations;

(iii) the division will review the request for special considerations and make recommendations to the CWMU Advisory Committee within 60 days of receipt; and

(iv) the CWMU Advisory Committee will consider the request for special considerations and the division's recommendations, and make recommendations to the Wildlife Board on the advisability of granting the CWMU application.

] [(4)(a) Cooperative Wildlife Management Units organized for hunting big game or turkey](b) the CWMU shall consist of private land to the extent practicable[.];

(c) only private lands may be included in calculating minimum acreage requirements;

(d) land parcels adjoining corner-to-corner may not be included for the purposes of meeting minimum contiguous acreage requirements;

(e) all lands counting towards the minimum acreage requirements shall provide quality hunting opportunity and form a quality hunting unit; or

(f) the CWMU must receive approval for a variance as described in R657-37-5(4).

[(b) The Wildlife Board may approve a](4) A CWMU [containing]may include public land only if:

([i]a) the public land is[completely] surrounded by private land or is otherwise publicly inaccessible[to the general public];

([ii]b) the public land is necessary to establish an enforceable [boundary clearly]and identifiable [to both the general public and public and private permit holders]hunt boundary; or

([iii]c) inclusion of the public land is necessary to achieve statewide and unit management objectives.

[(c) If any public land is included within a CWMU, the landowner association must meet applicable federal and state land use requirements on the public land.](5) A CWMU may not include:

(a) any lands comprising Domesticated Elk Facilities and Domesticated Elk Hunting Parks, as defined in Section 4-39-102(2) and Rules R58-18 and R58-20;

[(d) The Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportion of public lands to private lands within the CWMU pursuant to Subsection R657-37-4(3)(a)(iv).](b) any lands already included in another active CWMU; or

(c) differing hunt boundaries for multiple species approved on a single CWMU.

[(5) The intent is to establish CWMUs consisting of blocks of land that function well as hunting units.](6) The Wildlife Board may deny a CWMU that meets technical requirements of this rule but does not [constitute a good hunting unit]otherwise fulfill the purposes of the CWMU program.

 

R657-37-4. Cooperative Wildlife Management Unit Management Plan.

(1)(a) The landowner association [must]shall manage the CWMU in compliance with a CWMU Management Plan approved by the division.

(b) The CWMU management plan shall be consistent with statewide and unit management objectives for the respective [big game or turkey management unit and approved by the Wildlife Board.]species hunted on the CWMU.

(2)(a) The CWMU Management Plan [may be approved by the Wildlife Board for a period of three years and]shall be completed as part of the certificate of registration application and renewal processes.

(b) If approved by the Wildlife Board, the CWMU management plan is incorporated into the CWMU's certificate of registration.

([b]c) Amendments to the CWMU Management Plan may be requested by the Wildlife Board, the division , or the CWMU landowner association[ member or] operator or president, and may result in an amendment to the certificate of registration, consistent with R657-37-5.5.

(3)(a) The CWMU Management Plan must include:

(i) species management objectives for the CWMU that are consistent with statewide and unit management objectives for the respective big game or turkey management unit;

(ii) antlerless harvest objectives;

(iii)[(A)] dates that the general public with buck or bull CWMU permits will be allowed to hunt[ in accordance with R657-37-7(3)(a); and];

([B]iv) a detailed explanation of how comparable hunting opportunities will be provided to both the private and public permit holders on the CWMU as required in Section 23-23-7.5;

([iv]v) [a clear]an explanation of the purpose for including public land within the CWMU boundaries, if public land is included;

([v]vi) an explanation of how the public is compensated by the CWMU when public land is included;

([vi]vii) rules and guidelines used to regulate a permit holder's conduct as a guest on the CWMU;

([vii)]viii) County Recorder Plat Maps or equivalent maps[, dated by receipt of purchase within 30 days of the initial or renewal application deadline for a certificate of registration,] depicting boundaries and ownership for all property within the CWMU;

([viii)]ix) two original 1:100,000 USGS maps[, which must be filed in the appropriate regional division office and the Salt Lake office,] depicting all interior and exterior boundaries of the proposed CWMU;

([ix)]x) strategies and methods that avoid , mitigate, and if necessary compensate for adverse impacts to adjacent landowners and lessees resulting from the operation of the CWMU[, including the provisions provided in Section R657-37-7(6); and];

[(x)](xi) strategies and methods that avoid, mitigate, and if necessary compensate for adverse impacts to agricultural lessees within and adjacent to the CWMU;

(xii) identification of areas within the CWMU that are closed to hunting by both public and private hunters;

(xiii) any request for reciprocal agreements.

(b) The division shall[,] review all CWMU Management Plans and make recommendations to the Wildlife Board.

(4)(a) CWMU operators are required to complete a CWMU training session provided by the division on an annual basis.

(b) Failure to complete the CWMU training session may result in the CWMU operator being referred to the CWMU Advisory Committee described in R657-37-15 or may result in administrative action taken against a certificate of registration as described in R657-37-14.

 

R657-37-5. Application for Certificate of Registration; Variance Process.

(1)[(a)] An application for a CWMU certificate of registration [that doesn't include special considerations identified]satisfying the acreage and parcel configuration requirements in R657-37-3[(3)(b)] must be completed and returned to the regional division office where the proposed CWMU is located no later than August[1.

(b) An application including special considerations described in R657-37-3(3)(b) must be submitted to the CWMU Advisory Committee by February] 1.

(2) The application must be accompanied by:

(a) the CWMU Management Plan[as described in R657-37-4(3)], including all maps and a GIS shapefile in NAD 83 depicting the CWMU boundary;

(b)(i) a petition containing the signature and acreage of each participating landowner agreeing to establish and operate the CWMU as provided in this rule and Title 23, Chapter 23 of the Wildlife Resources Code; or

(ii) a copy of a legal contract or agreement identifying:

(A) the private land;

(B) the duration of the contract or agreement;[ and]

(C) the names and signatures of landowners conveying the hunting rights to the CWMU landowner association;

(c) a signed waiver from each landowner or lessee holding agricultural interests within the boundaries of the proposed CWMU releasing all claims for any assistance pertaining to those lands that may otherwise be available from the division under R657-44 during the term of the certificate of registration;

(d) the name of the landowner association operator;

([d]e) the name of the landowner association president; and

([e]f) the nonrefundable handling fee.

(3)(a) The division may reject any application that is incomplete or completed incorrectly.

(b) Applicants must update the division regarding any changes to the substance of their application while it is under consideration or it may be considered incomplete or incorrect.

(4)(a) An application for a new CWMU that fails to meet the acreage or parcel configuration requirements in R657-37-3 must submit a written variance request to the division by February 1st prior to the annual August 1st application deadline.

(b) Upon receipt of a completed variance request, the division will forward the variance request to the CWMU Advisory Committee for review and recommendations.

(c) The division will review the variance request and make recommendations to the CWMU Advisory Committee.

(d) The CWMU Advisory Committee will consider the variance request and the division's recommendations and make recommendations to the Wildlife Board on the advisability of granting the CWMU application.

[(4) The division shall forward the complete and correct](5) In analyzing an application for a CWMU, the Wildlife Board shall consider:

(a) the application[, required documentation, and]materials;

(b) the division's recommendation;

(c) any recommendation [provided by]from the CWMU Advisory Committee [to the Regional Advisory Councils and Wildlife Board for consideration.]regarding a variance request; and

(d) any violation of the provisions of Title 23, Wildlife Resources Code by the CWMU operator, president, or landowner association member that bears a reasonable relationship on whether the applicant should be approved to participate in the program.

([5]6) Upon receiving the application and recommendation from the division, the Wildlife Board may:

(a) authorize the issuance of a certificate of registration[, for three years,] allowing the landowner association [member ]to operate a CWMU; or

(b) deny the application and provide the landowner association with reasons for the decision.

[(6) The Wildlife Board shall consider any violation of the provisions of Title 23, Wildlife Resources Code and any information provided by the division, landowners, and the public in determining whether to authorize the issuance of a certificate of registration for a CWMU.

] (7) A certificate of registration is issued on a three -year basis and shall expire on January 31.

(8) The CWMU application and the management plan agreement are binding upon the landowner association members and all successors in interest to the CWMU property or the hunting rights thereon as it pertains to allowing public permit holders reasonable access to all CWMU property during the applicable hunting seasons for purposes of filling the permit.

 

R657-37-5[a].5. Amendment to a Certificate of Registration; Termination of Certificate of Registration.

(1)(a) A CWMU must notify the division in writing regarding any requested change in:

(i) permit numbers or allocation;

(ii) season dates;

(iii) landowner association membership;

(iv) acreage of the CWMU;

(v) operator;

(vi) the CWMU Management Plan; or

(vii) any other matter related to the management and operation of the CWMU not originally included in the certificate of registration.

(b) Written notification of a requested change must be submitted to the appropriate regional division office where the CWMU is located.

(c) The division must be notified of all changes in landowner association membership, acreage, and operator within 30 days of such changes occurring.

(d) The CWMU must provide the division the written release identified in R657-37-5(2)(c) from new agricultural lessees within the boundaries of the proposed CWMU that are not participating members of the landowner association within 30 days of any changes occurring.

([d]e) Changes in the CWMU described in R657-37-5.5(1)(a) require an amendment to the certificate of registration.

(2) Requests to amend buck and bull permit numbers, permit allocation, or season dates:

(a) may be initiated by the CWMU or the division;

(b) are due on August 1 of the year prior to when hunting is to occur[; and], unless requested changes are in response to an ecological event or condition occurring after the August 1 deadline and beyond the control of the CWMU;

(c) shall be forwarded to the Regional Advisory Councils and Wildlife Board for consideration; and

(d) upon approval by the Wildlife Board, an amendment to the original certificate of registration shall be issued in writing.

(3) Requests to amend antlerless permit numbers or season dates:

(a) may be initiated by the CWMU or the division;

(b) must be submitted to the division by the last day of February;

(c) shall be forwarded to the Regional Advisory Councils and Wildlife Board for consideration; and

(d) upon approval by the Wildlife Board, an amendment to the original certificate of registration may be issued in writing.

(4)(a) If acreage totals in the CWMU decrease by more than 33% [or landowner membership within a landowner association changes by more than 33% ]over the term of the certificate of registration, the certificate of registration shall:

(i) remain effective for the hunting season beginning in that calendar year; and

(ii) following completion of that hunting season, the certificate of registration shall terminate.

(b) A CWMU whose certificate of registration is terminated under this section may reapply consistent with R657-37-5.

(c[)(i]) If a reduction in acreage occurs on a CWMU that does not trigger the 33% threshold identified in subsection 4(a) and the resulting acreage total is below the standard totals generally required by R657-37-[3,]3:

(i) the certificate of registration will remain effective for the current hunt year;

(ii) the CWMU will be reported to the CWMU Advisory Committee for [review and recommendation to the Wildlife Board for action.]a variance request using the process described in R657-37-5(4); and

[(ii) Review by the CWMU Advisory Committee and subsequent action by](iii) the Wildlife Board shall [be taken consistent with R657-37-15.]make a determination regarding variance approval and amendment of the certificate of registration.

(5)(a) All other requests for amendments shall be reviewed by the division.

(b) If the division recommends approval of the amendment, the division will submit that recommendation to the director.

(c) Upon approval by the director, an amendment to the original certificate of registration shall be issued in writing.

 

R657-37-6. Renewal of a Certificate of Registration.

(1)(a) At the end of a certificate of registration term, the certificate of registration may be renewed, consistent with this section.

(b) A certificate of registration terminated pursuant to R657-37-5.5 or R657-37-14 is not eligible for renewal[.], but may reapply consistent with R657-37-5.

(2)[(a)] An application for renewal of a certificate of registration[that does not require special considerations identified in R657-37-3(b)] must be completed and returned to the regional division office where the CWMU is established no later than August 1 of the year [preceeding the expiration of the certificate of registration term.

(b) An application for renewal of a certificate of registration requiring an exception to the minimum acreage requirements or parcel configurations identified in R657-37-3(b) must be submitted to the CWMU Advisory Committee by February 1 of the year preceeding]preceding the expiration of the certificate of registration term.

(3)(a) The renewal application must identify all changes from the previous certificate of registration and CWMU Management Plan.

(b) A CWMU renewal application that, due to its acreage totals or parcel configuration would otherwise require variance approval, may proceed without completing the variance process, provided:

(i) the CWMU legally possessed a CWMU certificate of registration during the previous year that allowed for corner-to-corner land parcels or noncontiguous land parcels;

(ii) the CWMU's renewal application does not add additional corner-to-corner or noncontiguous parcels from the previously approved CWMU certificate of registration; and

(iii) the CWMU renewal application at a minimum maintains the equivalent acreage totals and configuration from its previously approved certificate of registration.

(c) A CWMU renewal application that includes a request for modified season dates is not required to obtain an additional variance upon renewal if those dates are identical to what was previously approved in their current certificate of registration.

(4) The renewal application must be accompanied by:

(a) the CWMU Management Plan as described in Section R657-37-4(3); and

(b) all maps as described in Section R657-37-4(3) if the CWMU boundaries have changed; and

(c)(i) a petition containing the signature and acreage of each participating landowner agreeing to establish and operate the CWMU as provided in this rule and Title 23, Chapter 23 of the Wildlife Resources Code; or

(ii) a copy of a legal contract or agreement identifying:

(A) the private land;

(B) the duration of the contract or agreement; and

(C) the names and signatures of landowners conveying the hunting rights to the CWMU agent or landowner association operator;

(d) a signed waiver from each landowner or lessee holding agricultural interests within the boundaries of the proposed CWMU releasing all claims for any assistance pertaining to those lands that may otherwise be available from the division under R657-44 during the term of the certificate of registration;

(e) the name of the designated landowner association operator; and

([e]f) the nonrefundable handling fee.

(6) The division may reject any application that is incomplete or completed incorrectly.

(7) The division shall consider:

(a) the contents of the renewal application;

(b) the [previous performance of the CWMU, including the actions of all landowner association members; and]past performance by a CWMU in fulfilling management responsibilities identified in the CWMU Management Plan;

(c) hunter satisfaction ratings; and

(d) any violation by [a]CWMU operator, CWMU president, or any landowner association member of Title 23, Wildlife Resources Code, this rule, stipulations contained in the certificate of registration and all other relevant information provided from any source related to participation in the [applicant's fitness to operate a ]CWMU program.

(8) After evaluating a complete renewal application, the division shall:

(a) recommend approving renewal of the certificate of registration and forward the permit recommendations to the Regional Advisory Councils and Wildlife Board; or

(b) recommend denying the renewal certificate of registration and state the reasons for denial in writing to the applicant; and

([i]c) forward the application, reason for denial and recommendation to the Regional Advisory Councils and Wildlife Board[; and

(ii) provide the applicant with information for seeking Wildlife Board review of the denial].

(9)[(a)] Upon receiving the division's recommendation as provided in [Subsection (6]Subsections (7) and (8), the Wildlife Board may consider:

([i]a) the contents of the renewal application;

([ii) the previous performance of the CWMU, including the actions of the landowner association member or landowner association operator when reviewing renewal of the certificate of registration; ]b) the past performance by a CWMU in fulfilling management responsibilities identified in the CWMU Management Plan;

([iii]c) hunter satisfaction ratings;

(d) any violation by CWMU operator, CWMU president, or any landowner association member of Title 23, Wildlife Resources Code, this rule, stipulations contained in the certificate of registration and all other relevant information provided from any source related to the applicant's [fitness to operate a]participation in the CWMU program;

([iv]e) any probationary status or recommendation provided by the CWMU Advisory Committee if the landowner association has been referred to the CWMU Advisory Committee during the [renewal process]term of the certificate of registration; and

([v]f) the [recommendation by]recommendations of the division and Regional Advisory Councils.

[(b) The Wildlife Board may renew a certificate of registration for a CWMU that does not meet minimum acreage requirements and includes land parcels that adjoin corner-to-corner or containing noncontiguous parcels, provided:

(i) the CWMU legally possessed a CWMU certificate of registration during the previous year that allowed for corner-to-corner land parcels or noncontiguous land parcels; and

(ii) the CWMU's renewal application does not add additional corner-to-corner or noncontiguous parcels from the previously approved CWMU certificate of registration.

] (10) A certificate of registration approved for renewal is authorized for three years and shall expire on January 31, providing the certificate of registration is not revoked, suspended, or terminated prior to the expiration date.

 

R657-37-7. Operation by Landowner Association.

(1)(a) A CWMU must be operated by a landowner association who is represented by a president or a landowner association operator.

(b) A landowner association president or landowner association operator may appoint CWMU agents to protect private property within the CWMU; however, the landowner association president, or landowner association operator must assume ultimate responsibility for the operation of the CWMU.

(2)(a) A landowner association [member]president or landowner association operator may enter into reciprocal agreements with other landowner association [members]presidents or landowner association operators to allow hunters who have obtained a CWMU permit to hunt within each other's CWMUs as provided in Subsections R657-37-4(3)[ ](a)([x]xii).

(b) Reciprocal hunting agreements may be approved only to:

(i) raise funds to address joint habitat improvement projects;

(ii) address emergency situations limiting hunting opportunity on a CWMU;

(iii) raise funds to aid in essential management practices for the benefit of CWMU species, including obtaining age or species population data as recommended by regional division personnel and approved by the division's wildlife section chief; or

(iv)[or] be used with unused vouchers as provided in R657-37-9(12)(a).

(c) If a person is authorized to hunt in one or more CWMUs as provided in Subsection (a), written permission from the landowner association member or landowner association operator and written authorization from the division must be in the person's possession while hunting.

(d) The division may identify an individual to administer and coordinate reciprocal agreements and all expenditure of funds generated therefrom.

(e) The division must provide written approval prior to any expenditure of funds generated from reciprocal agreement permits.

(f) The administrator of the reciprocal agreement program must provide an annual accounting of proceeds generated from reciprocal agreement permits and how those funds were spent or administered.

(3)(a) A landowner association member or landowner association operator must provide general public CWMU permittees a minimum of:

(i) five days to hunt with buck, bull or turkey permits; and

(ii) three days to hunt with antlerless permits.

(b) Sunday hunt days may not be included in minimum hunt days except by mutual agreement of the permittee and the operator.

([b]c) General public CWMU [permitees]permittees shall be allowed to hunt the entire CWMU [except]during their established season dates, unless areas [that are excluded from hunting to all permittees]are deemed closed to both public and private hunters and described in the CWMU Management Plan as closed.

[(i) a landowner association may identify in the management plan areas within the CWMU boundary that are open to specific species only. These areas must be open to all permit holders for that species.

(c)](d) A person who has obtained a CWMU permit may hunt only in the CWMU for which the permit is issued, except as provided under Subsection (2).

(4)(a) Each landowner association member or landowner association operator must:

(i) clearly post all boundaries of the CWMU at all corners, fishing streams crossing property lines, road, gates, and rights-of-way entering the land with signs that are a minimum of 8 1/2 by 11 inches on a bright yellow background with black lettering, and that contain the language provided in Subsection (b); and

(ii) if a CWMU uses public land for the purpose of making a definable boundary for the CWMU then that boundary shall be posted every three hundred yards.

(b)[ A CWMU is created under an agreement between private landowners and the division, and approved by the Wildlife Board.] Only persons with a valid CWMU permit for the CWMU may hunt moose, deer, elk, pronghorn or turkey within the boundaries of the CWMU.

(c) The general public may use accessible public land portions of the CWMU for all legal purposes, other than hunting big game or turkey for which the CWMU is authorized.

(5) A landowner association member or landowner association operator must provide a written copy of its guidelines used to regulate a permit holder's conduct as a guest on the CWMU to each permit holder.

(6)(a) A CWMU and the division shall cooperatively address the needs of landowners who are negatively impacted by big game animals or turkeys associated with the CWMU.

(b) The CWMU and the division shall cooperatively seek methods to prevent or mitigate agricultural depredation caused by big game animals or turkeys associated with the CWMU.

(7) A landowner association member may not harass or haze wildlife in an effort to retain animals on the CWMU or herd animals onto the CWMU unless:

(a) the division determines that such actions are necessary to mitigate agricultural damage on neighboring lands;

(b) the CWMU is fulfilling their obligations described in their CWMU Management Plan regarding agricultural damage to neighboring landowners; and

(c) the division provides prior written authorization approving the actions of the CMWU.

 

R657-37-9. Permit Allocation.

(1) The division shall issue CWMU permits for hunting big game or turkey to permittees:

(a) qualifying through a drawing conducted for the general public as defined in Subsection R657-37-2(2)(c); or

(b) named by the landowner association member or landowner association operator.

(2) CWMU landowner association members and their spouses and dependent children cannot apply for CWMU permits specific to their CWMU that are offered in the public drawing.

(3) A landowner association member or landowner association operator shall be issued vouchers that may be used to purchase hunting permits from division offices.

(4)(a) The division and the landowner association [member]operator must, in accordance with Subsection (4), determine:

([a]i) the total number of permits to be issued for the CWMU; and

([b]ii) the number of permits that may be offered by the landowner association [member ]to the general public as defined in Subsection R657-37-2(2)(c).

([5]b) In determining the total number of permits allocated under Subsection (4)(a), the division will consider:

(i) acreage and habitat conditions on the CWMU;

(ii) management objectives of the CWMU and surrounding wildlife management units;

(iii) classification and survey data;

(iv) depredation and nuisance conflicts; and

(v) other factors that may influence hunt quality and the division's ability to meet wildlife management objectives.

(c) A CWMU may only offer a management buck permit for a public hunter if that CWMU lies entirely within a wildlife management unit that also offers management buck hunts.

(5) The Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportion of public lands to private lands within the CWMU.

(6)(a) Big game permits may be allocated using an option from:

(i) table one for moose and pronghorn; or

(ii) table two for elk and deer.

(b)(i) Over the term of the certificate of registration, and at all times during the its term, at least 40% of the total permits for bull moose and at least 60% of the antlerless moose permits will be allocated to the public and distributed via the public drawing.

(ii) Notwithstanding subsection (b)(i) above and Tables 1 and 2, if the proportion of permits allocated to the public over consecutive certificate of registration terms substantially deviates from that identified in subsection (b)(i), the Wildlife Board may approve a modified permit distribution scheme that fairly allocates public and private permits.

(c) At least one buck or bull permit or at least 10% of the bucks or bulls permits, whichever is greater, must be made available to the general public through the big game drawing process.

(d) Permits shall not be issued for spike bull elk.

(e) Turkey permits shall be allocated in a ratio of fifty percent to the CWMU and fifty percent to the general public, with the public receiving the extra permit when there is an odd number of total permits.

 

TABLE 1

 
     MOOSE AND PRONGHORN 
     Cooperative Wildlife Management Unit's Share 
       Option           Bucks/Bulls   Does/Antlerless 
        
          1                 60%              40% 
 
     Public's Share 
        Option          Bucks/Bulls   Does/Antlerless 
         
           1                40%              60%

 

 

TABLE 2

 
     ELK AND DEER 
     Cooperative Wildlife Management Unit's Share 
        Option          Bucks/Bulls         Antlerless 
          1                90%               0% 
          2                85%              25% 
          3                80%              40% 
          4                75%              50% 
 
     Public's Share 
        Option         Bucks/Bulls          Antlerless 
          1               10%               100% 
          2               15%                75% 
          3               20%                60% 
          4               25%                50%

 

 

([6]7)(a) The landowner association member or landowner association operator must meet antlerless harvest objectives established in the CWMU management plan under subsection R657-37-4(3)(a)(ii).

(b) Failure to meet antlerless harvest objectives based on a three[ ]-year average may result in discipline under section R657-37-14.

([7]8) A landowner association member or landowner association operator must provide access free of charge to any person who has received a CWMU permit through the general public big game or turkey drawings, except as provided in Section 23-23-11.

([8]9) If the division and the landowner association member disagree on the number of permits to be issued, the number of permits allocated, or the method of take, the Wildlife Board shall make the determination based on the biological needs of the big game or turkey populations, including available forage, depredation, and other mitigating factors.

([9]10) A CWMU permit entitles the holder to hunt the species and sex of big game or turkey specified on the permit and only in accordance with the certificate of registration and the rules and proclamations of the Wildlife Board.

([10]11) Vouchers for antlerless permits may be designated by a landowner association member to any eligible person as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game, and Rule R657-42.

([11]12)(a) If a landowner association has a CWMU voucher that is not redeemed during the previous year, a landowner association may donate that voucher to a 501(c)(3) tax exempt organization, provided the following conditions are satisfied:

(i) The voucher donation is approved by the director prior to transfer;

(ii) No more than one voucher is donated per year by a landowner association;

(iii) The voucher is donated for a charitable cause, and the landowner association does not receive compensation or consideration of any kind other than tax benefit; and

(iv) The recipient of the voucher is identified prior to obtaining the director's approval for the donation.

(b) A CWMU voucher approved for donation under this section may be extended no more than one year.

(c) The division must be notified in writing and the donation completed before [May]August 1 ^st the year the CWMU voucher is to be redeemed.

(d) vouchers may be used in reciprocal hunting agreements described in accordance with R657-7-(2)(b).

([12]13)(a) A complete list of the current CWMUs, and number of big game or turkey permits available for public drawing shall be published in the respective proclamations of the Wildlife Board for taking big game or turkey.

(b) The division reserves the exclusive right to list approved CWMUs in the proclamations of the Wildlife Board for taking big game or turkey. The division may unilaterally decline to list a CWMU in the proclamation where the unit is under investigation for wildlife violations, a portion of the property comprising the CWMU is transferred to a new owner, or any other condition or circumstance that calls into question the CWMUs ability or willingness to allow a meaningful hunting opportunity to all the public permit holders that would otherwise draw out on the public permits.

 

R657-37-12. Season Lengths.

(1) A landowner association member or landowner association operator may arrange for permittees to hunt on the CWMU during the following dates:

(a) an archery buck deer season may be established beginning with the opening of the general archery deer season through August 31 and during the sixty-one consecutive day buck deer season;

(b) an archery bull elk season may be established beginning with the opening of the general archery elk season through October 31 and during a bull elk season variance;

(c) an archery buck pronghorn season may be established beginning with the opening of the statewide limited entry archery buck pronghorn season through October 31;

(d) general season bull elk, buck pronghorn, and moose seasons may be established September 1 through October 31, [or the closing date of the general season for the respective species, whichever is later]unless a season variance is approved;

(e)(i) general buck deer seasons may be established for no longer than sixty-one consecutive days from September 1 through November 10;

(ii) a landowner association member or landowner association operator electing to establish buck deer hunting in November must:

(A) meet the CWMU management plan objectives;

(B) not exceed average hunter density exhibited on the surrounding deer wildlife management units;

(C) provide positive hunter satisfaction; and

(D) maintain a harvest success rate at least equal to the surrounding deer wildlife management units;

(E) designate the CWMU's sixty-one consecutive day season in the application, or if the sixty-one day consecutive season is not designated the season shall begin September 1;

(F) allow all public hunters the option to hunt in November;

(f) muzzleloader bull elk seasons may be established September 1 through [the end of the general muzzleloader elk season]October 31 annually, and during a bull elk season variance;

(g) antlerless elk seasons may be established August 1 through January 31;

(h) antlerless deer seasons may be established August 1 through December 31;

(i) doe pronghorn seasons may be established August 1 through October [31, unless August 1 falls on a Sunday, in which case the season shall start on the following Monday]31; and

(j) turkey seasons may be established the second Saturday in April through May 31.

(2) (a) The Wildlife Board may authorize bull elk hunting season variances only if the CWMU landowner association member or landowner association operator clearly demonstrates that November hunting is necessary on the CWMU.

(b) If a bull elk hunting season variance is authorized, the public hunters must be provided comparable hunting opportunity as private hunters.

(3) Notwithstanding the season length provisions in this section, any season described in Subsection (1) that begins on a Sunday will default to and commence the Saturday before.

 

R657-37-15. Cooperative Wildlife Management Unit Advisory Committee.

(1) A CWMU Advisory Committee shall be created consisting of eight members nominated by the director and approved by the Wildlife Board.

(2) The committee shall include:

(a) two sportsmen representatives;

(b) two CWMU representatives;

(c) one agricultural representative;

(d) one at-large public representative;

(e) one elected official; and

(f) one Regional Advisory Council chairperson or Regional Advisory Council member .

(3) The committee shall be chaired by the Wildlife Section Chief, who shall be a non-voting member.

(4) The committee shall:

(a) hear complaints dealing with fair and equitable treatment of hunters on CWMUs;

(b) review the operation of the CWMU program;

(c) review failure to meet antlerless objectives;

(d) hear complaints from adjacent landowners;

(e) review changes in acreage totals for CWMUs that are under standard minimum acreage or parcel configuration requirements and evaluate the appropriateness of their continued participation in the program; and

(f) make advisory recommendations to the director and Wildlife Board on the matters in Subsections (a), (b), (c), (d), and (e).

(5) (a) The committee may, after hearing evidence of complaints or violations, place a CWMU on probation.

(b) A CWMU placed upon probationary status must provide the CWMU Advisory Committee a plan of corrective action to address concerns regarding operation of the CWMU, and report annually to the Advisory Committee during the probationary period regarding their progress in addressing such concerns.

(c) The CWMU Advisory Committee shall report to the Wildlife Board any CWMU that remains on probation during a certificate of registration renewal process.

(6) The Wildlife Section Chief shall determine the agenda, and time and location of the meetings.

([6]7) The director shall set staggered terms of appointment of members [in order to assure]such that there is rotating representation and that all committee members' terms shall expire after four years[, and at least three members shall expire after the initial two years].

 

KEY: wildlife, cooperative wildlife management unit

Date of Enactment or Last Substantive Amendment: [February 8, 2016]2019

Notice of Continuation: April 12, 2018

Authorizing, and Implemented or Interpreted Law: 23-23-3

---