No. 33755 (Amendment): Rule R657-17. Lifetime Hunting and Fishing License

(Amendment)

DAR File No.: 33755
Filed: 06/15/2010 09:35:47 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 Division's big game program, which directly affects the Lifetime Hunting and Fishing License program.

Summary of the rule or change:

The proposed revisions to the above listed rule: 1) define "lifetime questionnaire", "recent lifetime licensee record", and "application deadline" for clarification purposes; 2) remove obsolete language relating to the paperless application process and questionnaires; 3) enable the division to use electronic forms of communication; and 4) make technical corrections for consistency and accuracy.

State statutory or constitutional authorization for this rule:

• Section 23-19-17.5

Anticipated cost or savings to:

the state budget:

The reason for this rule amendment is to maintain consistency with all division application processes, so the amendment does not create a cost or savings impact to the state budget or the Division of Wildlife Resources' (DWRs) budget. Although there may be some additional programming costs the amendments will not create any cost or savings impact to the state budget or DWR's budget. Any additional work will be carried out with existing budget.

local governments:

Since this amendment simply addresses a change in the process that a lifetime license holder chooses their region, 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.

small businesses:

Since Lifetime Licenses are no longer available for purchase, DWR determines that this amendment does not create a cost or savings impact to small businesses.

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

Since Lifetime Licenses are no longer available for purchase, DWR determines that this amendment does not create a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment removes obsolete language relating to the application and questionnaire process for a lifetime license holder and enables DWR to use electronic forms of communication. DWR determines that there are no additional compliance costs for affected persons associated with this amendment.

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 [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:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-17. Lifetime Hunting and Fishing License.

R657-17-1. Purpose and Authority.

(1) Under authority of Section 23-19-17.5, this rule provides the requirements and procedures applicable to lifetime hunting and fishing licenses.

(2) In addition to the provisions of this rule, a lifetime licensee is subject to:

(a) the provisions set forth in Title 23, Wildlife Resources Code of Utah; and

(b) the rules and proclamations of the Wildlife Board, including all requirements for [special] hunting permits and fishing [permits and tags]licenses.

(3) Unless specifically stated otherwise, lifetime licensees shall be subject to any amendment to this rule or any amendment to Section 23-19-17.5.

 

R657-17-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2 and Rule R657-5.

(2) In addition:

(a) "Lifetime Questionnaire" means a list of questions, accessible by a lifetime licensee at the division's website, used to identify the lifetime licensee's preferred choice of a general season deer permit region and hunt type.

(b) "Recent Lifetime Licensee Record" means the most recent general deer permit issued within the immediately preceding 3 years.

(c) "Application Deadline" means the close of the annual Big Game application period, as established by the Wildlife Board in the Big Game Guidebook.

 

R657-17-3. Lifetime License Entitlement.

(1) (a) A permanent lifetime license card shall be issued to lifetime licensees in lieu of an annual hunting, and fishing license.

(b) The issuance of a permanent lifetime license card does not authorize a lifetime licensee to all hunting privileges. The lifetime licensee is subject to the requirements [as provided] in Subsection R657-17-1(2).

(2) Each year, a lifetime licensee who is eligible to hunt big game may receive without charge, a permit for the region of their choice for one of the following general deer hunts:

(i) archery buck deer;

(ii) any weapon buck deer; or

(iii) muzzleloader buck deer.

(3) Sales of lifetime hunting and fishing licenses may not be refunded, except as provided in Section 23-19-38.

(4) Lifetime hunting and fishing licenses are not transferable.

(5) Lifetime hunting and fishing licenses are no longer for sale as of March 1, 1994.

(6)(a) Lifetime license holders may participate in the Dedicated Hunter Program.

(b) Upon entering the Dedicated Hunter Program, the lifetime license holder agrees to forego any rights to receive a buck deer permit for the general archery, general [season]any weapon or general muzzleloader deer hunts as provided in Section 23-19-17.5 during enrollment in the Dedicated Hunter Program[.

(7)(a) Lifetime license holders may obtain a general any weapon buck deer and bull elk combination permit.

(b) Upon obtaining a general any weapon buck deer and bull elk combination permit, the lifetime license holder foregoes 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 during the year the general any weapon buck deer and bull elk combination permit is valid].

 

R657-17-4. General Deer Permits.

(1)[(a)] The division [shall send a reminder notice]will issue a general buck deer permit to each lifetime licensee [eligible]priorto [hunt big game prior to the beginning of the annual bucks, bulls and once-in-a-lifetime application period as prescribed in the proclamation of the Wildlife Board for taking big game.]the big game general hunting season, provided:

(a) a current Lifetime Questionnaire has been completed prior to the application deadline, identifying the lifetime licensee's general season region and hunt type choice, or according to the recent lifetime licensee record; and

(b) provided t[T]he lifetime licensee [shall, prior to the end of the annual bucks, bulls and once-in-a-lifetime application period, complete and submit an online Lifetime Questionnaire through the division's web site]does not apply for a general deer permit in the big game drawing.

(2)[(a) Except as provided in Subsection (e) and Subsection (f), the division may not issue a permit to any lifetime licensee who was given notice of the deadline as provided in Subsection (1)(a) and fails to submit a complete Lifetime Questionnaire to] A lifetime licensee may change their previous year's region choice, prior to the application deadline by completing the online Lifetime Questionnaire through the division 's website.

[( b) If an error is found the division reserves the right to:

(i) contact the lifetime licensee to correct the error; or

(ii) correct the lifetime licensee's choice of general deer permits.

(d) If the division is unable to correct the error, the lifetime licensee may not receive a permit, except as provided in Subsection (f).

(e) The director or his designee may issue a permit to a lifetime licensee who did not receive reasonable notice of the deadline as provided in Subsection (1)(a).

(f) If a lifetime licensee fails to submit a Lifetime Questionnaire by the deadline provided in Subsection (1)(b), the lifetime licensee may obtain an available general deer permit on the date these permits are made available over-the-counter to the general public.

(3) As used in this section "notice" means that a reminder was sent within a reasonable time before the deadline as provided in Subsection (1)(b) to the most recent address given to the division by the lifetime licensee.

(4) The Division will provide lifetime licensees notification confirming the information received on the Lifetime Questionnaire.

(5)] ( 3) Lifetime licensees must notify the division of any change [of]inmailing address, email address, residency, address, telephone number, physical description, or driver[']'s license number[ or email address].

(4) If a general buck deer permit is not issued to a lifetime licensee during the preceding 3 years, the lifetime licensee must complete and submit the Lifetime Questionnaire on the division's website prior to the application deadline.

(5) If a lifetime licensee fails to submit a current year Lifetime Questionnaire and does not have a recent lifetime licensee record by the application deadline, the lifetime licensee may only obtain a remaining general deer permit when remaining drawing permits are made available to the public over-the-counter. If no general deer permits are remaining after the drawing, the lifetime licensee shall not be issued a permit.

(6)(a) Lifetime licensees may apply for [or obtain]any general deer permit in the big game drawing.

(b) Drawing applications are subject to the established application fee.

(c) A lifetime licensee that applies for a general deer permit in the drawing waives the opportunity to be issued a general deer permit according to the recent lifetime licensee record or the current Lifetime Questionnaire.

(7) Lifetime licensees may apply for general deer preference points [or permits] through the big game general buck deer drawing as provided in Rule R657-62 and the [proclamation]guidebooksof the Wildlife Board for taking big game, provided the lifetime licensee waives their [choice of general deer permits as provided in Subsection R657-17-3(2) and the region in which the lifetime licensee chooses to hunt.

(b) If a lifetime licensee does not draw a general deer permit through the big game general buck deer drawing, the lifetime licensee may only obtain a general deer permit when made available to the public for over-the-counter purchase.]opportunity to be issued a general buck deer permit that year according to the recent lifetime licensee record or the current Lifetime Questionnaire.

 

R657-17-5. Applying for [Limited Entry]Big Game Permits[in the Bucks, Bulls and Once-In-A-Lifetime Drawing].

(1) A lifetime licensee may apply for a limited entry permit offered through the [bucks, bulls and once-in-a-lifetime]big game drawing using a bucks, bulls and once-in-a-lifetime application.

(2) Limited entry permit species and application procedures are provided in Rule R657-[5]62and the proclamation of the Wildlife Board for taking big game.

(3)(a) If the lifetime licensee applies for and is successful in obtaining a premium limited entry, limited entry, or cooperative wildlife management unit buck deer permit in the [bucks, bulls and once-in-a-lifetime]big game drawing, a general deer permit will not be issued.

(b) If the lifetime licensee does not draw a premium limited entry, limited entry, or cooperative wildlife management unit buck deer permit in the [bucks, bulls and once-in-a-lifetime]big game drawing, the general deer permit requested on the Lifetime Questionnaire or the recent lifetime licensee record shall be issued.

(4) Applying for or obtaining an antlerless deer, antlerless elk, or doe pronghorn permit does not affect eligibility for obtaining a general buck deer permit.

(5) All rules established by the Wildlife Board regarding the availability of big game permits in relation to obtaining general deer permits shall apply to lifetime licensees.

 

KEY: wildlife, game laws, hunting and fishing licenses

Date of Enactment or Last Substantive Change: [May 10], 2010

Notice of Continuation: November 21, 2005

Authorizing, and Implemented or Interpreted Law: 23-19-17.5; 23-19-40; 23-19-11

 

---