No. 43741 (Amendment): Rule R657-5. Taking Big Game

(Amendment)

DAR File No.: 43741
Filed: 05/28/2019 07:57:26 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

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

Summary of the rule or change:

The proposed revisions to this rule: 1) establish Handgun-Archery-Muzzleloader-Shotgun-Only hunts; 2) add a definition for "Immediate Family Member"; 3) allow a person to obtain both a desert bighorn sheep and Rocky Mountain bighorn sheep permit in the same year; 4) set the requirements to remove bighorn sheep from domestic sheep operations; and 5) make technical corrections as needed.

Statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

These proposed rule amendments either clarify current regulations or set protocol for new hunts, all of these changes can be initiated within the current workload and resources of the Division of Wildlife Resources (DWR). Therefore, DWR has determined 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 these proposed amendments make adjustments to current regulations and add protocol for establishing new hunts, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

These proposed rule amendments will not directly impact small businesses.

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

These amendments do not have the potential to create a cost impact to those individuals wishing to participate in hunting opportunities.

Compliance costs for affected persons:

DWR has determined that these amendments will not create additional costs for those participating in big game hunting 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 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 proposed rule change are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures, because these rule amendments do not require a service from non-small businesses.

 

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

 

 

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.

 

R657-5-2. Definitions.

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

(2) In addition:

(a) "Antlerless deer" means a deer without antlers or with antlers five inches or shorter.

(b) "Antlerless elk" means an elk without antlers or with antlers five inches or shorter.

(c) "Antlerless moose" means a moose with antlers shorter than its ears.

(d) "Arrow quiver" means a portable arrow case that completely encases all edges of the broadheads.

(e) "Buck deer" means a deer with antlers longer than five inches.

(f) "Buck pronghorn" means a pronghorn with horns longer than five inches.

(g) "Bull elk" means an elk with antlers longer than five inches.

(h) "Bull moose" means a moose with antlers longer than its ears.

(i) "Cow bison" means a female bison.

(j) "Doe pronghorn" means a pronghorn without horns or with horns five inches or shorter.

(k) "Draw-lock" means a mechanical device used to hold and support the draw weight of a conventional or compound bow at any increment of draw until released by the archer using a trigger mechanism and safety attached to the device.

(l) "Drone" means an autonomously controlled, aerial vehicle of any size or configuration that is capable of controlled flight without a human pilot aboard.

(m) "Ewe" means a female bighorn sheep or any bighorn sheep younger than one year of age.

(n) "Hunter's choice" means either sex may be taken.

(o) "Immediate family member" means the landowner's or lessee's spouse, child, son-in-law, daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, stepchild, grandchild, grandfather, and grandmother.

[(o)](p) "Limited entry hunt" means any hunt published in the hunt tables of the guidebook of the Wildlife Board for taking big game, which is identified as limited entry and does not include general or once-in-a-lifetime hunts.

([p]q) "Limited entry permit" means any permit obtained for a limited entry hunt by any means, including conservation permits, wildlife expo permits, sportsman permits, cooperative wildlife management unit permits and limited entry landowner permits.

([q]r) "Once-in-a-lifetime hunt" means any hunt published in the hunt tables of the guidebook of the Wildlife Board for taking big game, which is identified as once-in-a-lifetime, and does not include general or limited entry hunts.

([r]s) "Once-in-a-lifetime permit" means any permit obtained for a once-in-a-lifetime hunt by any means, including conservation permits, wildlife expo permits, sportsman permits, cooperative wildlife management unit permits and limited entry landowner permits.

([s]t) "Ram" means a male desert bighorn sheep or Rocky Mountain bighorn sheep older than one year of age.

([t]u) "Spike bull" means a bull elk which has at least one antler beam with no branching above the ears. Branched means a projection on an antler longer than one inch, measured from its base to its tip.

 

R657-5-35. Doe Pronghorn Hunts.

(1)(a) To hunt doe pronghorn, a hunter must obtain a doe pronghorn permit.

(b) A person may obtain only one doe pronghorn permit or a two-doe pronghorn permit through the division's antlerless big game drawing.

(2)(a) A doe pronghorn permit allows a person to take one doe pronghorn using the weapon type, within the area, and during the season specified on the permit and in the Antlerless guidebook of the Wildlife Board for taking big game.

(b) A two-doe pronghorn permit allows a person to take two doe pronghorn using the weapon type, within the area, and during the season dates specified on the permit and in the Antlerless guidebook of the Wildlife Board for taking big game.

(c) A person may not hunt doe pronghorn on any pronghorn cooperative wildlife management unit unless that person obtains an antlerless pronghorn permit for that specific cooperative wildlife management unit.

(3) [A]Except for mitigation permits issued pursuant to R657-44-8, a person who has obtained a doe pronghorn permit may not hunt pronghorn during any other pronghorn hunt or obtain any other pronghorn permit.

 

R657-5-39. Desert Bighorn and Rocky Mountain Bighorn Sheep Ram Hunts.

(1) To hunt a ram desert bighorn sheep or a ram Rocky Mountain bighorn sheep, a hunter must obtain the respective permit.

(2)(a) A person who has obtained a ram desert bighorn sheep[or a ram Rocky Mountain bighorn sheep permit] may not obtain any other desert bighorn sheep[or Rocky Mountain bighorn sheep permit] or hunt during any other desert bighorn sheep[ or].

(b) A person who has obtained a ram Rocky Mountain bighorn sheep permit may not obtain any other Rocky Mountain bighorn sheep permit or hunt any other Rocky Mountain bighorn sheep[hunt].

(3) Ram desert bighorn sheep and ram Rocky Mountain bighorn sheep permits are considered separate once-in-a-lifetime hunting opportunities.

(4)(a) A ram desert bighorn sheep permit allows a person to take one desert bighorn ram within the area, during the seasons, and using the weapon type prescribed by the Wildlife Board.

(b) A ram Rocky Mountain sheep permit allows a person to take one Rocky Mountain bighorn ram within the area, during the seasons, and using the weapon type prescribed by the Wildlife Board.

(5) Successful hunters must deliver the horns of the bighorn sheep to a division office within 72 hours of leaving the hunting area. A numbered seal will be permanently affixed to the horn indicating legal harvest.

(6)(a) A person who has obtained a desert bighorn sheep or Rocky Mountain bighorn sheep permit must report hunt information within 30 calendar days after the end of the hunting season, whether the permit holder was successful or unsuccessful in harvesting a desert bighorn sheep or Rocky Mountain bighorn sheep.

(b) Desert bighorn sheep or Rocky Mountain bighorn sheep permit holders must report hunt information by telephone, or through the division's Internet address.

(c) A person who fails to comply with the requirement in Subsection (a) shall be ineligible to apply for any once-in-a-lifetime, premium limited entry, limited entry, or cooperative wildlife management unit permit or bonus point in the following year.

(d) Late questionnaires may be accepted pursuant to Rule R657-42-9(2).

 

R657-5-48. Handgun-Archery-Muzzleloader-Shotgun-Only Hunt.

(1) The division may establish Handgun-Archery-Muzzleloader-Shotgun-Only hunts for any big gamespecies.

(2) An individual may only use the following weapons on a handgun-archery-muzzleloader-shotgun-only hunt:

(a) a legal handgun for the species being hunted, consistent with R657-5-9 and Subsection (5), with no attached scope;

(b) legal archery equipment consistent with R657-5-11;

(c) a legal muzzleloader consistent with R657-5-10, with no attached scope; or

(d) a legal shotgun consistent with R657-5-8, with no attached scope.

(3) A person who has obtained a Handgun-Archery-Muzzleloader-Shotgun-Only permit may take one animal of the big game species identified on the permit.

(4) A person who has obtained a Handgun-Archery-Muzzleloader-Shotgun-Only permit may only hunt under that permit during the season dates and within the boundaries identified on the permit and in the guidebooks of the Wildlife Board for taking big game.

(5) In addition to the requirements in R657-5-9, a handgun used to take a big game animal in a Handgun-Archery-Muzzleloader-Shotgun-Only hunt must:

(a) have no more than a single barrel 15 inches or less in length, including the chamber;

(b) have a single rear handgrip without any form of a:

(i) fixed, detachable, or collapsible buttstock;

(ii) apparatus or extension behind the rear grip capable of being used to steady the handgun against the body while firing; or

(iii) vertical foregrip; and

(c) be no more than 24 inches in overall length.

(6) A Handgun-Archery-Muzzleloader-Shotgun-Only hunt is not a centerfire rifle hunt for purposes of Section 23-20-31 or R657-5-49.

 

R657-5-49. Hunter Orange Exceptions.

(1) A person shall wear a minimum of 400 inches of hunter orange material on the head, chest, and back while hunting any species of big game, with the following exceptions:

(a) Hunters participating in a once-in-a-lifetime, statewide conservation, or statewide sportsmen hunt;

(b) Hunters participating in an archery or muzzleloader hunt outside of an area where an any weapon general season bull elk or any weapon general season buck deer hunt is occurring;

(c) Hunters participating in a Handgun-Archery-Muzzleloader-Shotgun-Only hunt outside of an area where an any weapon general season bull elk or any weapon general season buck deer hunt is occurring;

(d) Hunters hunting on a cooperative wildlife management unit unless otherwise required by the operator of the cooperative wildlife management units; and

([d]e) Hunters participating in a nuisance wildlife removal hunt authorized under a certificate of registration by the division.

 

R657-5-50. Authorization to Remove Bighorn Sheep from Domestic Sheep Operations.

(1) The division may issue a certificate of registration to the owner of a domestic sheep operation allowing for the removal of Rocky Mountain bighorn sheep or desert bighorn sheep found to have physical contact with domestic sheep.

(2) If a domestic sheep grazing operation wishes to acquire a certificate of registration, it must submit an application to the division.

(3) In evaluating the application, the division may consider:

(a) the size and location of the domestic sheep operation;

(b) past efforts to maintain spatial separation between wild and domestic sheep;

(c) the ability of state officials to respond to potential commingling events in a timely manner;

(d) future plans to improve spatial separation between wild and domestic sheep;

(e) historical disease status of the wild sheep population; and

(f) management priorities for the wild sheep population.

(4) The division may deny an application for a certificate of registration if, in the opinion of the division, there are other means available to respond to a commingling event.

(5) The division shall require any certificate of registration holder to comply with the following provisions:

(a) the grazing operation shall immediately notify the division if a wild bighorn sheep is found within 1 mile of any domestic sheep;

(b) the grazing operation shall utilize all reasonable means to notify the division of the threatened commingling event prior to undertaking any lethal removal action;

(c) a wild bighorn sheep may only be lethally removed if it is within 1 mile of a domestic sheep;

(d) the grazing operation will inform the division within 24 hours of a lethal removal effort, or as soon as practical thereafter, considering access and logistical limitations;

(e) all lethally removed wild bighorn sheep will be field-dressed and preserved in a manner so as to allow donation for human consumption;

(f) the entire carcass of each lethally removed bighorn sheep shall be relinquished to division personnel, including intact head, horns and cape; and

(g) only legal weapons identified in R657-5 may be used in lethal removal activities.

(6)(a) Owners, employees, and immediate family members may be named as authorized individuals to act under the authority of a certificate of registration.

(b) Any individual acting under the authority of a certificate of registration must be specifically named on the certificate of registration.

(7)(a) The division may establish a term for the validity of a certificate of registration.

(b) The division may revoke a certificate of registration where the certificate of registration holder, an individual named on the certificate, or someone acting under their direct authority violated any provision of this rule, the Wildlife Resources Code, or the certificate of registration.

(8) The procedures and rules governing any adverse action taken by the division or the Wildlife Board against a certificate of registration or an application for certificate of registration are set forth in Rule R657-2.

 

KEY: wildlife, game laws, big game seasons

Date of Enactment or Last Substantive Amendment: [ February 7, ]2019

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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