No. 34906 (Emergency Rule): Rule R58-20. Domesticated Elk Hunting Park

DAR File No.: 34906
Filed: 06/07/2011 04:49:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to address the need to dissolve elk hunting parks that have been closed by the owner of the license and to remove any abandoned elk.

Summary of the rule or change:

A new Section R58-20-13 is added to Rule R58-20 to allow the Department of Agriculture and Food to remove elk that were abandoned on a hunting park licensed by the Department.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: The issue of dissolving a hunting park is not addressed in current rule and all elk in a hunting park must be followed from relocation to the hunting park and eventually to harvest. The state law that needs to be followed is the Domesticated Elk Act, Title 4, Chapter 39.

State statutory or constitutional authorization for this rule:

• Section 4-39-103
• Title 4, Chapter 39
• Section 4-39-106

Anticipated cost or savings to:

the state budget:

State funds in a full time employee will be required to locate and remove abandoned elk.

local governments:

No local government funds will be used or have been used for this program. They do not regulate Elk Hunting Parks.

small businesses:

Licensed individuals that abandon elk will be asked to compensate the State of Utah for the elk's removal.

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

No other entities are affected by this rule.

Compliance costs for affected persons:

Individuals that have licensed a premises as an elk hunting park must remove all elk upon dissolving the hunting park. Those individuals can pay to have it done before the dissolution of the park or will be required to pay costs associated with removal of elk by the Department.

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

When a licensed individual dissolves an elk hunting park, that individual is required to remove all elk from the premises. They must be ready to pay for the cost of removal before they turn over the premises.

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at [e-mail]

This rule is effective on:

06/07/2011

Authorized by:

Leonard Blackham, Commissioner

RULE TEXT

R58. Agriculture and Food, Animal Industry.

R58-20. Domesticated Elk Hunting Parks.

R58-20-13. Dissolution of an Elk Hunting Park.

(1) Before an elk hunting park can be dissolved all elk must be removed from the premises.

(2) Any abandoned elk will be removed by the Utah Department of Agriculture and Food using lethal means.

(a) Carcasses will be disposed of by either disposal in an approved landfill, incineration, or donated as a charitable food item in compliance with Section 4-34-2 of the Utah Agriculture Code.

(b) Costs for removal of abandoned elk will be charged to the owner of the elk hunting park.

 

R58-20-14[13]. Liability.

(1) All laws found in Section 4-39-401 concerning the escape of domesticated elk are applicable to hunting parks.

(2) A hunting park owner shall remove all wild big game animals prior to enclosing the park. If wild big game animals are found within the park after it has been licensed, the owner shall notify the Division of Wildlife Resources within 48 hours. A cooperative removal program may be designed by the parties involved to remove the animals.

(3) No person(s) may hunt domestic elk in an approved park without first being issued written permission to do so from the owner. The approval document shall be in the hunter's possession during hunting times. Hunting hours will be from 1/2 hour before sunrise to 1/2 hour after sunset.

(4) In accordance with the state's governmental immunity act, as found in Section 63G-7-101, et seq., the granting of a hunting park license or the imposing of a requirement to gain an owner's permission does not attach any liability to the state for any accident, mishap or injury that occurs on, adjacent to, or in connection with the hunting park.

 

KEY: inspections

Date of Enactment or Last Substantive Amendment: June 7, 2011

Notice of Continuation: February 23, 2009

Authorizing, and Implemented or Interpreted Law: 4-39-106

 

 

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