No. 42969 (Amendment): Rule R657-54. Taking Wild Turkey

(Amendment)

DAR File No.: 42969
Filed: 06/11/2018 10:29:31 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 Wild Turkey Program as approved by the Wildlife Board.

Summary of the rule or change:

The proposed revisions to the rule: 1) add definitions for "Fall season permit", "Spring season permit", and "Wild Turkey"; 2) amend firing shot sizes to BB or smaller diameter, and authorize rimfire firearm during the fall season permit; 3) remove Wild Turkey Poaching � Reported Reward Permits from this rule and references it in Rule R657-51; 4) set bag limits for the spring and fall permit; and 5) make technical corrections as needed.

Statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

These amendments clarify existing rule language, it does not make any changes to the process or employee workload, therefore, the Division of Wildlife Resources (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 the existing budget.

local governments:

Since these amendments will only impact the individual sportsmen wishing to participate in turkey hunting and have no impact on the local governments, DWR finds that 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:

Since these amendments will only impact the individual sportsmen wishing to participate in turkey hunting and have no impact on small businesses, DWR finds that this filing does not create any direct cost or savings impact to small businesses. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses.

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

These amendments clarify existing rule language and authorize an increased opportunity in the possession of a wild turkey permit, therefore, it does have the potential to generate a cost or savings impact to sportsmen or other persons wishing to possess three fall turkey permits instead of two.

Compliance costs for affected persons:

DWR determines that this amendment could create additional costs for those who wish to possess an additional fall wild turkey permit.

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 changes 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:

07/31/2018

This rule may become effective on:

08/07/2018

Authorized by:

Mike Fowlks, Deputy Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

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 above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed changes to Rule R657-54 are not expected to have any fiscal impact on large businesses revenues or expenditures, because there are no services required from them in order to implement these rule changes.

 

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

 

 

R657. Natural Resources, Wildlife Resources.

R657-54. Taking Wild Turkey.

R657-54-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19 and in accordance with 50 CFR 20, 2003 edition, which is incorporated by reference, the Wildlife Board has established this rule for taking wild turkey.

(2) Specific season dates, bag and possession limits, areas open, number of permits and other administrative details that may change annually are published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

 

R657-54-2. Definitions.

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

(2) In addition:

(a) "Bait" means shelled, shucked or unshucked corn, wheat or other grain, salt or other feed that lures, attracts or entices wild turkey.

(b) "Baiting" means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could serve as a lure or attraction for upland game to, on, or over any areas where hunters are attempting to take them.

(c) "CFR" means the Code of Federal Regulations.

(d) "Falconry" means the sport of taking quarry by means of a trained raptor.

(e) "Fall season permit" means any turkey hunting permit having season dates on or between August 1 to March 14, excluding turkey permits issued pursuant to R657-41 and turkey control permits issued pursuant to R657-69-6.

(f) "Spring season permit" means any turkey hunting permit having season dates on or between March 15 to July 31, excluding turkey permits issued pursuant to R657-41 and turkey control permits issued pursuant to R657-69-6.

(g) "Wild Turkey" as used in this rule means a wild, free-ranging turkey and does not include a privately-owned wild turkey, domestic turkey, or wild-domestic hybrids.

 

R657-54-3. [ Application Procedure ] Obtaining Permits for Wild Turkey.

(1) [Permits for]A person must possess or obtain a valid hunting or combination license in order to apply for or obtain a wild turkey [will be issued pursuant to R657-62-25.]permit.

(2) General season wild turkey permits are issued over-the-counter consistent with this rule and the guidebook of the Wildlife Board for taking upland game and wild turkey.

(3) Limited entry permits for wild turkey are issued pursuant to R657-62-25.

(4) Wild turkey control permits and turkey control permit vouchers are issued pursuant to R657-69.

(5) Wild turkey conservation and sportsman's permits are issued pursuant to R657-41.

(6) Wild turkey permits available through the Expo are issued pursuant to R657-55.

(7) Wild turkey poaching-reported reward permits are issued pursuant to R657-51.

 

R657-54-4. Authorized Weapons.

[(1) ]Wild turkey may be taken only with:

(a) Archery equipment, including a draw-lock, or a crossbow using broadhead tipped arrows or bolts[: or];

(b) a shotgun[no larger than 10 gauge and no smaller than 28 gauge], firing shot sizes [ranging between ]BB and [no. 8.]smaller diameter; or

(c) a rimfire firearm during any fall season permit.

 

R657-54-5. Shooting Hours.

(1) Wild turkey may be taken only between one-half hour before official sunrise through one-half hour after official sunset.

([a]2) A person must add to or subtract from the official sunrise and sunset depending on the geographic location of the state. Specific times are provided in a time zone map in the guidebook of the Wildlife Board for taking upland game and wild turkey.

 

R657-54-16. Spotlighting.

(1) Except as provided in Section 23-13-17:

(a) a person may not use or cast the rays of any spotlight, headlight or other artificial light to locate protected wildlife while having in possession a firearm or other weapon or device that could be used to take or injure protected wildlife; and

(b) the use of a spotlight or other artificial light in a field, woodland or forest where protected wildlife are generally found is [prima facie evidence]probable cause of attempting to locate protected wildlife.

(2) The provisions of this section do not apply to:

(a) the use of the headlights of a motor vehicle or other artificial light in a usual manner where there is no attempt or intent to locate protected wildlife; or

(b) a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed firearm to hunt or take wildlife.

 

R657-54-19. Wild Turkey Poaching - Reported Reward Permits.

[(1) Any person who provides information leading to another person's arrest and successful prosecution for wanton destruction of a wild turkey under Section 23-20-4, within any limited entry area may receive a permit from the Division to hunt wild turkey in the following year on the same limited entry area where the violation occurred, except as provided in Subsection (2).

(2)(a) In the event that issuance of a Poaching-Reported Reward Permit would exceed 5 percent of the total number of limited entry permits issued in the following year for the respective area, a permit shall not be issued for that respective area. As an alternative, the Division may issue a permit as outlined in Subsection (b).

(b) A permit for a wild turkey, on an alternative limited entry area that has been allocated more than 20 permits, may be issued.

(3)(a) The Division may issue only one Poaching-Reported Reward Permit for any one wild turkey illegally taken.

(b) No more than one Poaching-Reported Reward Permit shall be issued to any one person per successful prosecution.

(c) No more than one Poaching-Reported Reward Permit shall be issued to any one person in any one calendar year.

(d) A person must possess a Utah hunting or combination license to receive a Poaching-Reported Reward Permit.

(4)(a) Poaching-Reported Reward permits may only be issued to the person who provides the most pertinent information leading to a successful prosecution. Permits are not transferrable.

(b) If information is received from more than one person, the director of the Division shall make a determination based on the facts of the case, as to which person provided the most pertinent information leading to the successful prosecution in the case.

(c) The person providing the most pertinent information shall qualify for the Poaching-Reported Reward Permit.

(5) Any person who receives a Poaching-Reported Reward Permit must be eligible to hunt and obtain wild turkey permits as provided in all rules and regulations of the Wildlife Board and the Wildlife Resources Code.

(6) For purposes of this section, "successful prosecution" means the screening, filing of charges and subsequent adjudication for the poaching incident.]Wild turkey poaching-reported reward permits are issued pursuant to R657-51.

 

R657-54-20. Season Dates, Bag and Possession Limits, and Areas Open.

(1) Season dates, bag and possession limits, areas open, and number of permits for taking wild turkey are provided in the guidebook of the Wildlife Board for taking upland game and wild turkey.

(2) A person may not obtain or possess more than:

(a) one permit during the spring season annually; or

(b) three permits during the fall season annually.

 

KEY: wildlife, wild turkey, game laws

Date of Enactment or Last Substantive Amendment: [ August 7, 2017 ]2018

Notice of Continuation: August 18, 2014

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

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