No. 30070 (Amendment): R657-38. Dedicated Hunter Program  

  • DAR File No.: 30070
    Filed: 06/12/2007, 09:37
    Received by: NL

    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 division's Dedicated Hunter Program.

    Summary of the rule or change:

    The proposed revisions: 1) require the hunter to possess or obtain a valid Utah hunting or combination license prior to applying for or obtaining a big game, cougar, bear, or turkey permit, pursuant to S.B. 161 passed during the 2007 general session of the Utah State Legislature; 2) 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; 3) 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; and 4) make technical corrections for consistency and accuracy. (DAR NOTES: S.B. 161 (2007) is found at Chapter 187, Laws of Utah 2007, and is effective 07/01/2007. 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 requires a hunting or combination license prior to applying for or obtaining big game, cougar, bear, or turkey permits. 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 requires a hunting or combination license prior to applying for or obtaining big game, cougar, bear, or turkey permits. 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 do not 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 stacicoons@utah.gov

    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:

    07/31/2007

    This rule may become effective on:

    08/07/2007

    Authorized by:

    James F Karpowitz, Director

    RULE TEXT

    R657. Natural Resources, Wildlife Resources.

    R657-38. Dedicated Hunter Program.

    R657-38-1. Purpose and Authority.

    (1) Under the authority of Section 23-14-18, this rule provides the standards and requirements for qualified deer hunters to participate in the Dedicated Hunter Program by obtaining a certificate of registration.

    (2) The Dedicated Hunter Program provides the opportunity for participants to:

    (a) increase the opportunity for recreational general deer hunting, while the division regulates harvest;

    (b) increase participation in wildlife management decisions;

    (c) increase participation in wildlife conservation projects that are beneficial to wildlife conservation and the division; and

    (d) attend wildlife conservation courses about hunter ethics and the division's wildlife conservation philosophies and strategies.

     

    R657-38-3. Certificate of Registration Required.

    (1)(a) To participate in the program a person must apply for, obtain and sign a certificate of registration issued by the division.

    (b) No more than ten thousand certificates of registration for the program may be in effect at any given time.

    (c) Certificates of registration are issued on a first-come, first-served basis at division offices.

    (d) Each prospective participant must submit an application provided by the division and provide evidence of having completed a wildlife conservation course before the division may issue the certificate of registration for the program.

    (e) A certificate of registration to participate in the program shall only be issued during the bucks, bulls and once-in-a-lifetime application period as prescribed in the proclamation of the Wildlife board for taking big game.

    (2) The division may deny issuing a dedicated hunter certificate of registration to a person for any of the following reasons:

    (a) The application is incomplete or contains false information;

    (b) The person, at the time of application, is under a judicial or administrative order suspending any wildlife hunting or fishing privilege within Utah or elsewhere;

    (c) The person, in the previous five years prior to applying for the program, has been convicted of, entered a plea in abeyance to, or entered into a diversion agreement for violating any provision of:

    (i) 23-20-3 Unlawful Possession or Taking Involving Big Game;

    (ii) 23-20-3.5 Unlawful Taking While Trespassing;

    (iii) 23-20-4 Wanton Destruction;

    (iv) 23-20-8 Wasting;

    (v) 23-20-14 Trespass;

    (vi) 23-20-30 Failure to Tag Violations;

    (vii) 23-19-1 or 23-23-10 License Violations involving Big Game;

    (viii) 23-19-5 Counterfeiting Licenses;

    (ix) 23-20-23 Aiding and Assisting in any of the above violations;

    (x) 76-10-505 or 76-10-508 Firearms Safety Violations;

    (xi) 77-7-22 Failure to Comply With a Wildlife Citation;

    (xii) R657-5-11 or R657-5-12 Unlawful Possession of a Firearm by an Archer or Muzzleloader;

    (xiii) R657-5-14 Spotlighting With a Weapon;

    (xiv) R657-5-15 Use of Aircraft to Locate Big Game;

    (xv) R657-5-18 Hunting on a Detached Tag; or

    (xvi) R657-5-30 through R657-5-36 Waiting Period Violations involving Big Game;

    (d) The person has violated the terms of any certificate of registration issued by the division or an associated agreement.

    (e) The person has ever had a dedicated hunter certificate of registration suspended by the division.

    (3) Prospective participants who have been under any wildlife suspension may not apply for the program until:

    (a) their suspension period has ended; and

    (b) an additional length of time equivalent to the original suspension has passed.

    (4) Each certificate of registration is valid for three consecutive general deer hunting seasons.

    (5)(a) Any person who is [14]12 years of age or older may obtain a certificate of registration. A person [13]11 years of age may obtain a certificate of registration if the date of that person's [14]12th birthday is before the end of the [calendar]any weapon general buck deer hunt in the year [in which ]the certificate of registration is issued. A person may not use a permit to hunt big game before their 12th birthday.

    (b) Any person who is 17 years of age or younger before the beginning date of the annual general archery deer hunt shall pay the youth participant fees.

    (c) Any person who is 18 years of age or older on or before the beginning date of the annual general archery deer hunt shall pay the adult participant fees.

    (6) A certificate of registration authorizes the participant an opportunity to receive annually a Dedicated Hunter Permit to hunt during the general archery, general any weapon and general muzzleloader deer hunts. The Dedicated Hunter Permit may be used during the dates and within the hunt area boundaries established by the Wildlife Board.

    (7)(a) Except as provided in Subsections (b), R657-38-10(3)(a), and R657-38-10(6), a participant using a Dedicated Hunter Permit may take two deer within three years of enrollment, and only one deer in any one year as provided in Rule R657-5.

    (b) Participants entering or re-entering the Dedicated Hunter Program shall be subject to any changes subsequently made in this rule during the three-year term of enrollment.

    (c) The harvest of an antlerless deer using a Dedicated Hunter Permit, as authorized under specific hunt choice areas during the general archery deer hunt, shall be considered a program harvest.

    (8) The certificate of registration must be signed by the participant. The certificate of registration is not valid without the required signature.

    (9) The participant and holder of the certificate of registration must have a valid Dedicated Hunter Permit in possession while hunting. A participant is not required to have the Dedicated Hunter Certificate of Registration in possession while hunting.

    (10) The division may issue a duplicate Dedicated Hunter Certificate of Registration pursuant to Section 23-19-10.

    (11) Certificates of registration are not transferable and shall expire at the end of a participant's third general deer hunting season.

    (12)(a) The program requirements set forth in Sections R657-38-7, R657-38-8, and R657-38-9 may be waived annually if the participant provides evidence of leaving the state for a minimum period of one year during the enrollment period for the Dedicated Hunter Certificate of Registration for religious or educational purposes.

    (b) If the participant requests that the program requirements be waived in accordance with Subsection (a), and the request is granted, the participant shall not receive a Dedicated Hunter Permit for the year in which the program requirements were waived.

    (13)(a) A participant who is a member of the United States Armed Forces or public health or public safety organization and who is mobilized or deployed on order in the interest of national defense or emergency may request that their enrollment in the program be suspended for the period of their mobilization or deployment.

    (14)(a) A participant who is a member of the United States Armed Forces or public health or public safety organization and who is mobilized or deployed on order in the interest of national defense or emergency may request that the requirements set forth in Sections R657-38-7, R657-38-8, R657-38-9, and R657-38-11 be extended or satisfied as provided in Subsections (b) through (e).

    (b) The program requirement set forth in Section R657-38-7 may be extended to the second or third year of their program enrollment.

    (c) The program requirement set forth in Section R657-38-8 may be considered satisfied by a participant that is prevented from completing the requirement due to the mobilization or deployment.

    (d) The program requirement set forth in Section R657-38-9 may be:

    (i) extended to the third year in the program if the participant is currently in the second year of the program; and

    (ii) waived in the third year of the program if the participant remains mobilized or deployed and is unable to reasonably meet the requirement.

    (e) A participant must provide evidence of the mobilization or deployment.

    (15) A refund for the Dedicated Hunter Certificate of Registration may not be issued, except as provided in Section 23-19-38.2. Any refund will be issued pro rata based on the number of hunting seasons actually participated in during the three-year enrollment period.

     

    R657-38-6. Dedicated Hunter Permits.

    (1)(a) Participants may hunt during the general archery, general any weapon and general muzzleloader deer hunts within the hunt area and during the season dates prescribed in the proclamation of the Wildlife Board for taking big game.

    (b) The division may exclude multiple season opportunities on specific units due to extenuating circumstances on that specific unit.

    (2)(a) Participants must designate a regional hunt choice upon joining the program.

    (b) The regional hunt choice shall remain in effect unless otherwise changed in writing by the participant by the application deadline for the big game drawing, which is published in the proclamation of the Wildlife Board for taking big game.

    (3)(a) Participants must notify the division of any change of mailing address in order to receive a Dedicated Hunter Permit by mail.

    (b) A participant who enters the program as a resident and becomes a nonresident, or claims residency outside of Utah shall be issued a nonresident at no additional charge for the remainder of the three-year enrollment period.

    (c) A participant who enters the program as a nonresident and becomes a resident, or claims residency in Utah, shall be issued a resident with no reimbursement of the higher nonresident fee for the remainder of the three-year enrollment period.

    (4)(a) Dedicated Hunter permits may be issued through the mail by June 1 of each year and again three weeks prior to the beginning of the general archery deer hunt, and only upon evidence that the participant has completed all program requirements [have been completed by the participant]and possesses a Utah hunting or combination license.

    (b) Participants completing program requirements after June 1 may obtain their Dedicated Hunter Permit over-the-counter from any division office.

    (5) A Dedicated Hunter Permit may not be issued to any participant who:

    (a) does not perform the program requirements;[ or]

    (b) violates the terms of this rule or the Dedicated Hunter Certificate of Registration;

    (c) does not possess a current Utah hunting or combination license.

    (6)(a) The division may issue a duplicate Dedicated Hunter Permit pursuant to Section 23-19-10.

    (b) If a participant's unused Dedicated Hunter Permit and tag is destroyed, lost, or stolen a participant may complete an affidavit verifying the permit was destroyed, lost, or stolen in order to obtain a duplicate.

    (c) A duplicate Dedicated Hunter Permit shall not be issued after the closing date of the general any weapon buck deer hunt, however, a participant may complete an affidavit and submit a copy of the affidavit for program reporting purposes as required in Section R657-38-9(1).

    (7)(a) A participant may exchange or surrender a Dedicated Hunter Permit in accordance with Rule R657-42 provided annual program requirements are completed.

    (b) A participant may not exchange a Dedicated Hunter Permit for any other buck deer permit once the general archery deer hunt has begun, except:

    (i) a participant may exchange a Dedicated Hunter Permit for a Dedicated Hunter Permit in any other available area prior to the opening of the general muzzleloader buck deer hunt.

    (c) A participant may not surrender a Dedicated Hunter Permit for any other buck deer permit once the general archery deer hunt has begun, except:

    (i) a participant may surrender a Dedicated Hunter Permit after the opening of the buck deer archery hunt, provided the Division can verify that the permit was never in the participant's possession.

    (9)(a) Lifetime license holders may participate in the program.

    (b) Upon signing the certificate of registration, the lifetime license holder agrees to forego any rights to receive a buck deer permit for the general archery, general any weapon or general muzzleloader deer hunts as provided in Section 23-19-17.5.

    (c) A refund or credit is not issued for the general archery, general any weapon or general muzzleloader permit.

     

    R657-38-12. Limited Entry Dedicated Hunter Program Drawing.

    (1) Any unfilled Dedicated Hunter Permit with an unused attached tag, returned to the Division by the application deadline for the big game drawing, which is published in the proclamation of the Wildlife Board for taking big game, may qualify the participant to be entered into the Dedicated Hunter Program Drawing provided:

    (a) the participant is currently enrolled in the program; [and]

    (b) the participant has returned the Dedicated Hunter Permit and unused, attached tag, or an affidavit as provided in Section R657-38-6(6)(c)[.]: and

    (c) the participant is 14 years of age or older, or if the participant is 13 years of age and will have their 14th birthday in the calendar year for which the permit is issued.

    (2)(a) One limited entry deer permit and one limited entry elk permit shall be offered through the drawing for each 250 permits received by the Division in accordance with Subsection (1).

    (b) The eligible participants and limited entry permits shall be randomly drawn.

    (c) The successful participant must meet all program requirements by June 1 for the current year in which the permit is valid before the issuance of the permit.

    (d) If the successful participant fails to fulfill program requirements by June 1, the permit may be issued to the next participant on the alternate drawing list as provided in Rule R657-42.

    (3) The drawing results may be posted at division offices and on the division Internet address on the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

    (4)(a) The successful participant shall be notified by mail.

    (b) The successful participant must submit the appropriate limited entry fee within ten business days of the date on the notification letter.

    (c) If the successful participant fails to submit the required limited entry permit fee, the permit may be issued to the next participant, who would have drawn the permit, in accordance with Rule R657-42.

    (5)(a) The Limited Entry Dedicated Hunter Permit allows the recipient to take only the species for which the permit is issued.

    (b) The species that may be taken shall be printed on the permit.

    (c) The species may be taken in the area and during the season specified on the permit.

    (d) The species may be taken only with the weapon specified on the permit.

    (e) The recipient of a limited entry deer or elk permit is subject to all of the provisions of Title 23, Wildlife Resources Code, and the rules and proclamations of the Wildlife Board for taking and pursuing wildlife.

    (f) Bonus points shall not be awarded or utilized when applying for or obtaining Limited Entry Dedicated Hunter permits.

    (g) Any participant who obtains a Limited Entry Dedicated Hunter Permit is not subject to the waiting periods set forth in Rule R657-5 and the proclamation of the Wildlife Board for taking big game.

     

    KEY: wildlife, hunting, recreation, wildlife conservation

    Date of Enactment or Last Substantive Amendment: [February 7]August 7, 2007

    Notice of Continuation: November 21, 2005

    Authorizing, and Implemented or Interpreted Law: 23-14-18

     

     

Document Information

Effective Date:
8/7/2007
Publication Date:
07/01/2007
Filed Date:
06/12/2007
Agencies:
Natural Resources,Wildlife Resources
Rulemaking Authority:

Sections 23-14-18 and 23-14-19

Authorized By:
James F Karpowitz, Director
DAR File No.:
30070
Related Chapter/Rule NO.: (1)
R657-38. Dedicated Hunter Program.