No. 30075 (Amendment): R657-55. Wildlife Convention Permits

DAR File No.: 30075
Filed: 06/12/2007, 09:53
Received by: NL

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 annually for taking public input and reviewing the Division of Wildlife's rule pursuant to convention permits.

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, turkey, or bear permit, pursuant to S.B. 161 passed during the 2007 general session of the Utah State Legislature; 2) change the name of the small game license to a hunting license pursuant to S.B. 161; and 3) make technical corrections for consistency and accuracy. (DAR NOTE: S.B. 161 (2007) is found at Chapter 187, Laws of Utah 2007, and is effective 07/01/2007.)

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 requires the applicant to purchase a hunting or combination license prior to applying for or obtaining big game, cougar, turkey, or bear permits, it has the potential to expand the number of licenses sold each year. However, since there is already an electronic system in place for the issuing of licenses, 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 requires the applicant to purchase a hunting or combination license prior to applying for or obtaining big game, cougar, turkey, or bear permits, it has the potential to expand the number of licenses purchased. 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 requires the applicant to purchase a hunting or combination license prior to applying for or obtaining any big game, cougar, turkey, or bear permits. Since this amendment requires the purchase of a license, it has the potential to increase the cost to each sportsmen. 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 residents and nonresidents wishing to hunt in Utah. Participation is voluntary and the rule amendments do not create a cost or savings impact to individuals who do not participate in hunting in Utah.

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

This rule does 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 [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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Department of Natural Resources, Wildlife Resources.

R657-55. Wildlife Convention Permits.

R657-55-1. Purpose and Authority.

(1) Under the authority of Sections 23-14-18 and 23-14-19 of the Utah Code, this rule provides the standards and requirements for issuing wildlife convention permits.

(2) Wildlife convention permits and the corresponding wildlife convention permit vouchers are authorized by the Wildlife Board and issued by the division to a qualified conservation organization for purposes of generating revenue to fund wildlife conservation activities.

(3) The selected conservation organization shall distribute the wildlife convention permit vouchers through a drawing at a convention held in Utah.

(4) This rule is intended as authorization to issue one series of wildlife convention permits per year beginning in 2007 through 2011 to one qualified conservation organization.

 

R657-55-4. Obtaining Authority to Distribute Wildlife Convention Permit Series.

(1) The wildlife convention permit series is issued for a period of five years as provided in Section R657-55-1(4).

(2) The wildlife convention permit series is available to eligible conservation organizations for distribution through a drawing or other random selection process held at a wildlife convention in Utah open to the public.

(3) Conservation organizations may apply for the wildlife convention permit series by sending an application to the division July 1 through August 1, 2005.

(4) Each application must include:

(a) the name, address and telephone number of the conservation organization;

(b) a description of the conservation organization's mission statement;

(c) the name of the president or other individual responsible for the administrative operations of the conservation organization; and

(d) a detailed business plan describing how the wildlife convention will take place and how the wildlife convention permit voucher drawing procedures will be carried out.

(5) An incomplete or incorrect application may be rejected.

(6) The division shall recommend to the Wildlife Board which conservation organization may receive the wildlife convention permit series based on:

(a) the business plan for the convention and drawing procedures contained in the application; and

(b) the conservation organization's, including its constituent entities, ability, including past performance in marketing conservation permits under Rule R657-41, to effectively plan and complete the wildlife convention.

(7) The Wildlife Board shall make the final assignment of the wildlife convention permit series based on the:

(a) division's recommendation;

(b) benefit to protected wildlife;

(c) historical contribution of the organization, including its constituent entities, to the conservation of wildlife; and

(d) previous performance of the conservation organization, including its constituent entities.

(8) The conservation organization receiving the wildlife convention permit series must:

(a) require each applicant to possess a current Utah hunting or combination license before allowing them to apply for a convention permit.

(b) distribute the wildlife convention permit vouchers by drawing or other random selection process in accordance with law, provisions of this rule, proclamation, and order of the Wildlife Board;

([b]c) allow applicants to apply for the wildlife convention permit vouchers without purchasing admission to the wildlife convention;

([c]d) notify the division of the recipient of each wildlife convention permit voucher within 10 days of the recipient's selection;

([d]e) maintain records demonstrating that the drawing was conducted fairly; and

([e]f) submit to wildlife convention permit series audits by a division-appointed auditor upon division request.

(9) The division shall issue the appropriate wildlife convention permit to the designated recipient of the wildlife convention permit voucher upon the recipient being found eligible for the permit and the payment of the appropriate permit fee.

(10) The division and the conservation organization receiving the wildlife convention permit series shall enter into a contract, including the provisions outlined in this rule.

(11) The division may suspend or terminate the conservation organization's authority to distribute wildlife convention permit vouchers at any time during the five year award term for:

(a) violating any of the requirements set forth in this rule or the contract; or

(b) failing to bring or organize a wildlife convention in Utah, as described in the business plan under R657-55-4(4)(d), in any given year.

 

R657-55-5. Hunter Application Procedures.

(1) Any hunter legally eligible to hunt in Utah may apply for a permit.

(2) Any handling fee assessed by the conservation organization to process applications shall not exceed $5 per application submitted at the convention.

(3) Applicants must be present in person at the wildlife convention to apply for wildlife convention permits, and no person may submit an application in behalf of another.

(4) Applicants may apply for each individual hunt.

(5) Applicants may apply only once for each hunt, regardless of the number of permits for that hunt.

(6) Applicants must submit an application for each desired hunt.

(7) Applicants must possess a current Utah hunting or combination license in order to apply for a permit.

 

R657-55-7. Issuance of Permits.

(1) The division shall provide a wildlife convention permit voucher to the conservation organization for each wildlife convention permit to be issued.

(2) The conservation organization must provide a wildlife convention permit voucher to each successful applicant, except as otherwise provided in this rule.

(3) Successful applicants must provide the wildlife convention permit voucher to the division and, if legally eligible to hunt in Utah, will be issued the designated wildlife convention permit upon payment of the appropriate permit fee and providing proof they possess a current Utah hunting or combination license.

(4) Residents will pay resident permit fees and nonresidents will pay nonresident permit fees.

(5) Applicants are eligible to obtain only one permit per species, except as provided in Rule R657-5, but no restrictions apply on obtaining permits for multiple species.

(6)(a) Any successful applicant who fails to redeem their wildlife convention permit voucher by the dates provided in Subsection (b) annually, will be ineligible to receive the wildlife convention permit and the next drawing alternate for that permit will be selected.

(b) A wildlife convention permit voucher must be redeemed by:

(i) November 15 for cougar;

(ii) February 1 for wild turkey and bear; and

(iii) August 1 for deer, elk, pronghorn, moose, bison, rocky mountain goat, desert bighorn sheep, and rocky mountain bighorn sheep.

 

KEY: wildlife, wildlife permits

Date of Enactment or Last Substantive Change: [June 1, 2005]August 7, 2007

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