No. 42970 (Amendment): Rule R657-55. Wildlife Expo Permits

(Amendment)

DAR File No.: 42970
Filed: 06/11/2018 10:33:10 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 annually for taking public input and reviewing the Division of Wildlife Resources' rule pursuant to expo permits.

Summary of the rule or change:

These proposed revisions to this rule: 1) harmonize the contract application and renewal process to be consistent with State procurement code; 2) clarify that DWR has authority to terminate the contract in interest of wildlife conservation, management issues, or compliance with law; 3) specify that expo permit applicants would be eligible to receive only one expo permit each year, when multiple permits are drawn, the successful applicant would need to select a permit within two business days; 4) clarify that accrued interest on application handling fee revenue dedicated to funding projects be used for projects; 5) amend the 90-day allowance for the funds committed to a project to be remitted to 60 days from the date of invoice; 6) clarify that application handling fee revenue dedicated to funding projects must be expended on approved projects or transferred to the division by August 1, two years following collection; 7) amend requirements for redundant information to be submitted by the expo contractor; and 8) make technical corrections as needed.

Statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

These amendments clarify already established procedures that will allow one or more groups to hold the exposition and add requirements to be included with the yearly audit. 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 only clarify current requirements for reporting in a policy that has already been established and followed, this should have little to no effect on local governments. 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 this rule does not create a situation requiring services from local governments.

small businesses:

Since these amendments only clarify current requirements for reporting in a policy that has already been established and followed, this should have little to no effect on small businesses. This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. 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 place in rule clarifications for the procedures for the revenue generated by the expo application fees, it does not have the potential to increase the cost to individuals. Therefore, these amendments do not have the potential to generate a cost or savings impact to other persons.

Compliance costs for affected persons:

DWR has determined that these amendments will not create additional costs for those participating in the wildlife exposition. Therefore, these rule amendments do not create a cost or savings impact to individuals.

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 R657-55 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.

R657-55. Wildlife Expo 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 expo permits.

(2) Wildlife expo permits 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 in Utah and attracting and supporting a regional or national wildlife exposition in Utah.

(3) The selected conservation organization will conduct a random drawing at an exposition held in Utah to distribute the opportunity to receive wildlife expo permits.

(4) This rule is intended as authorization to issue one series of wildlife expo permits per year to [one]a qualified conservation organization.

 

R657-55-2. Definitions.

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

(2) In addition:

(a) "Conservation organization" means a 26 U.S.C. 501(c)(3) tax exempt, nonprofit chartered institution, corporation, foundation, or association founded for the purpose of promoting wildlife conservation.

(b) "Special nonresident expo permit" means one wildlife expo permit for each once-in-a-lifetime species that is only available to a nonresident hunter legally eligible to hunt in Utah.

(c) "Wildlife exposition" means a multi-day event held within the state of Utah that is sponsored by one or more wildlife conservation organizations , acting through a single conservation organization, as their national or regional convention or event that is open to the general public and designed to draw nationwide attendance of more than 10,000 individuals. The wildlife exposition may include wildlife conservation fund raising activities, outdoor exhibits, retail marketing of outdoor products and services, public awareness programs, and other similar activities.

(d) "Wildlife exposition audit" means an annual review by the division of the conservation organization's processes used to handle applications for expo permits and conduct the drawing, the protocols associated with collecting and using client data, the revenue generated from expo permit application handling fees, and the expenditure of designated expo permit application handling fee revenue on division-approved projects.

(e) "Wildlife expo permit" means a permit which:

(i) is authorized by the Wildlife Board to be issued to successful applicants through a drawing or random selection process conducted at a Utah wildlife exposition; and

(ii) allows the permittee to hunt the designated species on the designated unit during the respective season for each species as authorized by the Wildlife Board.

(f) "Wildlife expo permit series" means a single package of permits to be determined by the Wildlife Board for:

(i) deer;

(ii) elk;

(iii) pronghorn;

(iv) moose;

(v) bison;

(vi) [rocky ]mountain goat;

(vii) desert bighorn sheep;

(viii) rocky mountain bighorn sheep;

(ix) wild turkey;

(x) cougar; or

(xi) black bear.

(g) "Secured opportunity" means the opportunity to receive a specified wildlife expo permit that is secured by an eligible applicant through the exposition drawing process.

(h) "Successful applicant" means an individual selected to receive a wildlife expo permit through the drawing process.

 

R657-55-3. Wildlife Expo Permit Allocation.

(1) The Wildlife Board may allocate wildlife expo permits [by]after May 1 of the year preceding the wildlife exposition.

(2) Wildlife expo permits shall be issued as a single series to one conservation organization.

(3) The number of wildlife expo permits authorized by the Wildlife Board shall be based on:

(a) the species population trend, size, [and ]distribution[to protect the ], and long-term health[of the population];

(b) the hunting and viewing opportunity for the general public, both short and long term; and

(c) a percentage of the permits available to nonresidents in the annual big game drawings matched by a proportionate number of resident permits.

(4) Wildlife expo permits, including special nonresident expo permits, shall not exceed 200 total permits.

(5) Wildlife expo permits designated for the exposition each year shall be deducted from the number of public drawing permits.

 

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

(1)(a) Except as provided in Subsection (b), the wildlife expo permit series is issued for a period of five years.

(b) [For expo contracts governing the 2017 expo, and all expo contracts thereafter, the]The original five -year term may be [extended]renewed for an additional period not to exceed five years, [so long as:]provided:

(i) the [division and ]conservation organization , Division of Purchasing and General Services procurement officer, Wildlife Board, and division mutually agree in writing to [an extension]the renewal term; and

(ii) [the contract extension is approved by the Wildlife Board.]the procurement officer determines in writing pursuant to Section 63G-6a-1204(7) that the renewal term is in the division's best interest and places the writing in the conservation organization's procurement file.

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

[(3) Conservation organizations may apply for the wildlife expo permit series by sending an application to the division between August 1 and September 1 of the year preceding the expiration of each wildlife exposition term, as provide in R657-55-4(1).]

(b) The division may unilaterally discontinue or suspend issuing the wildlife expo permit series at:

(i) the conclusion of the original five-year contract term or renewal term described in Subsection (1) and prior to issuance of a contract under this rule; or

(ii) any time during the term of a contract when in the interest of wildlife conservation, management, or compliance with law.

(3) Prior to expiration of a current wildlife exposition term or renewal term, the division may issue through the Division of Purchasing and General Services a request for proposal consistent with the Procurement Code in Title 63G, Chapter 6a of the Utah Code to solicit bids from conservation org a nizations desiring to distribute the wildli f e expo permit series at a wildlife exposition.

(4) [Each application must include:]The request for proposal will solicit information relevant to successfully conducting a wildlife exposition, competently distributing the expo permit series, protecting confidential personal information acquired in distributing permits, and generating revenue for wildlife conservation in Utah, including:

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

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

(c ) documentation establishing the conservation organization meets the definitional criteria in R657-55-2(2)(a) and is eligible to submit a proposal;

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

([d]e) a detailed business plan describing how the:

(i) proposed wildlife exposition will take place[and how the ];

(ii) proposed wildlife exposition will satisfy the definitional criteria in R657-55-2(2)(c);

(iii) wildlife expo permit drawing procedures will be carried out[.]; and

[(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 expo permit series based on:

(a) the business plan for the wildlife exposition and drawing procedures contained in the application; and]

(iv) confidential personal information acquired in the drawing process will be safeguarded;

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

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

(a) division's recommendation];

([b]g) [applicant]the conservation organization's commitment to use expo permit handling fee revenue to benefit protected wildlife in Utah; and

([c]h) historical [contribution]contributions of the [applicant ]conservation organization[, including its constituent] and any partnering entities[,] to the conservation of wildlife in Utah[; and].

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

(5) Proposals submitted in response to a request for proposal under Subsection (4) will be processed, evaluated, and acted upon consistent with the procurement requirements set forth in Title 63G, Chapter 6a of the Utah Code.

([8]6) The conservation organization receiving the wildlife expo permit series must:

(a) require each wildlife expo permit applicant to possess a current Utah hunting or combination license before applying for a wildlife expo permit;

(b) select successful applicants for wildlife [convention]expo permits by drawing or other random selection process in accordance with law, provisions of this rule, [proclamation, ]and [order]orders of the Wildlife Board;

(c) allow applicants to apply for wildlife expo permits without purchasing admission to the wildlife exposition;

(d) notify the division of the successful applicant of each wildlife expo permit within 10 days of the applicant's selection;

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

(f) submit to an annual wildlife exposition audit by a division appointed auditor.

([9]7) The division shall issue the appropriate wildlife expo permit to the designated successful applicant after:

(a) completion of the random selection process;

(b) verification of the recipient being eligible for the permit; and

(c) payment of the appropriate permit fee is received by the division.

([10]8) The division and the conservation organization receiving the wildlife expo permit series [shall]will enter into a contract[, including the] with terms that include the relevant provisions [outlined ]in this rule, the request for proposal, and the conservation organization's proposal.

([11]9) If the conservation organization awarded the wildlife expo permit series withdraws before the end of the 5 -year period or any extension period under R657-55-4(1)(b), any remaining co-participant with the conservation organization may [be given an opportunity to ]assume the contract and [to ]distribute the expo permit series consistent with the contract and this rule for the remaining years in the applicable period, provided:

(a) The original contracted conservation organization submits a certified letter to the head of the procurement unit, as defined in Section 63G-6a-103, and the division identifying that it will no longer be participating in the exposition[.];

(b) [The partner or successor]The co-participant conservation organization [files an application]submits a request with the head of the procurement unit and the division[as provided in Subsection (4) for the remaining period.

(c) The successor conservation organization submits its application request at least 60 days prior to the next scheduled exposition so that the Wildlife Board can evaluate the request under the criteria in this section.] for authorization to assume the remaining term of the contract ; and

[(d) The Wildlife Board authorizes the successor conservation organization to assume the contract and complete the balance of the expo permit series period.]

(c) the head of the procurement unit, in consultation with the division and Wildlife Board, approves the application.

([12]10) The division may suspend or terminate the conservation organization's authority to distribute wildlife expo permits at any time during the original five -year award term or any [extension]renewal period for:

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

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

 

R657-55-5. Wildlife Expo Permit Application Procedures.

(1) Any person legally eligible to hunt in Utah may apply for a wildlife expo permit, except that only a nonresident of Utah may apply for a special nonresident expo permit.

(2) The handling fee assessed by the conservation organization to process applications shall be $5 per application submitted.

(3)(a) Except as provided in Subsection (3)(b), applicants must validate their application in person at the wildlife exposition to be eligible to participate in the wildlife expo permit drawing.

(i) No person may submit an application in behalf of another.

(ii) A person may validate their wildlife expo permit application at the exposition without having to enter the exposition and pay the admission charge.

(b) An applicant that is a member of the United States Armed Forces and unable to attend the wildlife exposition as a result of being deployed or mobilized in the interest of national defense or a national emergency is not required to validate their application in person; provided exposition administrators are furnished a copy of the written deployment or mobilization orders and the orders identify:

(i) the branch of the United States Armed forces from which the applicant is deployed or mobilized;

(ii) the location where the applicant is deployed or mobilized;

(iii) the date the applicant is required to report to duty; and

(iv) the nature and length of the applicant's deployment or mobilization.

(c) The conservation organization shall maintain a record, including copies of military orders, of all applicants that are not required to validate their applications in person pursuant to Subsection (3)(b), and submit to a division audit of these records as part of its annual audit under R657-55-4(8)(f), when requested by the division.

(4) Applicants may apply for each individual hunt for which they are eligible.

(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 wildlife expo permit.

(8) The conservation organization shall advertise, accept, and process applications for wildlife expo permits and conduct the drawing in compliance with this rule and all other applicable laws.

 

R657-55-6. Dra w ing Procedures.

(1) A random drawing or selection process must be conducted for each wildlife expo permit.

(2) Preference and bonus points are neither awarded nor applied in the drawings.

(3) Waiting periods do not apply, except any person who obtains a wildlife expo permit for a once-in-a-lifetime species is subject to the once-in-a-lifetime restrictions applicable to obtaining a subsequent permit for the same species through a division application and drawing process, as provided in [Rule ]R657-[5]62 and the [proclamation]guide books of the Wildlife Board for taking big game.

(4) No predetermined quotas or restrictions shall be imposed in the application or selection process for wildlife expo permits between resident and nonresident applicants, except that special nonresident expo permits may only be awarded to a nonresident of Utah.

(5) Drawings will be conducted within five days of the close of the exposition.

(6) Applicants do not have to be present at the drawing to be awarded a wildlife expo permit.

(7) The conservation organization shall identify all eligible alternates for each wildlife expo permit and provide the division with a finalized list. This list will be maintained by the conservation organization until all permits are issued.

(8) The division shall contact successful applicants[by phone or mail], and the conservation organization shall post the name of all successful applicants on a designated website.

 

R657-55-7. Issuance of Permits.

(1) The division shall provide a wildlife expo permit to the successful applicant, as designated by the conservation organization.

(2) The division must provide a wildlife expo permit to each successful applicant, except as otherwise provided in this rule.

(3) The division shall provide each successful applicant a letter indicating the permit secured in the drawing, the appropriate fee owed the division, and the date the fee is due.

(4)(a) Successful applicants must [provide]submit the permit fee payment in full to the division before receiving the permit.

(b) Subject to the limitation in Subsection (8), the division will issue the designated wildlife expo permit to the successful applicant.

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

(6) [Applicants]Beginning in 2019, applicants are eligible to obtain only one expo permit [per species, except as provided in Rule R657-5, but no restrictions apply on obtaining permits for multiple species.]each year, regardless of species.

(7) If an applicant is selected for more than one expo permit[for the same species], the division will contact the applicant to determine which permit the applicant selects.

(a) The applicant must select the permit of choice within [five]2 days of receiving notification.

(b) If the division is unable to contact the applicant within [5]2 days, the division will issue to the applicant the permit with the most difficult [drawings]drawing odds based on drawing results from the division's big game drawing for the preceding year.

(c) Permits not issued to the applicant will go to the next person on the alternate drawing list for that permit, provided the person is legally eligible to receive the permit and does not have a secured opportunity for any other expo permit.

(8) Any successful applicant who fails to satisfy the following requirements will be ineligible to receive the wildlife expo permit and the next drawing alternate for that permit will be selected:

(a) The applicant fails to [return]remit the appropriate permit fee in full to the division by the date provided in Subsection (3);

(b) The applicant does not possess a valid Utah hunting or combination license at the time the expo permit application was submitted[and the permit received]; or

(c) The applicant is legally ineligible to possess the permit.

 

R657-55-8. Surrender or Transfer of Wildlife Expo Permits.

(1)(a) A person selected to receive a wildlife expo permit that is also successful in obtaining a Utah once-in-a-lifetime or limited entry permit for the same species in the same year or successful in obtaining a general permit for a male animal of the same species in the same year, may not possess both permits and must select the permit of choice.

(b) In the event a secured opportunity is [willingly ]surrendered before the permit is issued, the next eligible applicant on the alternate drawing list for that permit will be selected to receive the permit , provided the person is legally eligible to receive the permit and does not:

(i) have a secured opportunity for any other expo permit; or

(ii) possess any other expo permit valid in the same year.

(c) In the event the wildlife expo permit is surrendered, the next eligible applicant on the alternate drawing list for that permit will be selected to receive it, [and the]provided the person satisfies the eligibility requirements in Subsection (b).

(d) The permit fee on a surrendered expo permit may be refunded, as provided in Sections 23-19-38, 23-19-38.2, and R657-42-5.

(2) A person selected by a conservation organization to receive a wildlife expo permit, may not sell or transfer the permit, or any rights thereunder to another person in accordance with Section 23-19-1.

(3) If a person is successful in obtaining a wildlife expo permit but is legally ineligible to hunt in Utah, the next eligible applicant on the alternate drawing list for that permit will be selected to receive it , provided the person satisfies the eligibility requirements in Subsection (1)(b).

 

R657-55-9. Using a Wildlife Expo Permit.

(1) A wildlife expo permit allows the recipient to:

(a) take [only the species for which the permit is issued;

(b) take ]only the species and sex printed on the permit;

([c]b) take the species only in the area and during the season specified on the permit; and

([d]c) take the species only with the weapon type specified on the permit.

(2) The recipient of a wildlife expo permit is subject to all [of ]the provisions of Title 23, Wildlife Resources Code, and the rules and [proclamations]guidebooks of the Wildlife Board for taking and pursuing wildlife.

 

R657-55-10. Wildlife Expo Permit -- Application Handling Fee Revenue.

(1)(a) All wildlife expo permit application handling fee revenue generated by the conservation organization under R657-55-5(2) will be deposited in a separate, federally insured account to prevent commingling with any other funds.

([a]b) [All interest]Interest earned on the portion of application handling fee revenue [may be ]retained[and used] by the conservation organization for administrative expenses[.] under Subsection (2) may be retained and used by the conservation organization.

(c) Interest earned on the portion of application handling fee revenue committed to fund wildlife conservation projects under Subsection (3) shall be used by the conservation organization to fund approved wildlife conservation projects.

(2) The conservation organization may retain up to $3.50 of each $5.00 application handling fee for administrative expenses , unless the conservation organization pledges a greater percentage of the application handling fee to wildlife conservation in:

(a) its response to the request for proposal; or

(b) the expo contract with the division.

(3) The remaining balance of each $5.00 application [fee]handling fee and accrued interest, less standard banking fees assessed on the account where the funding is deposited, will be used by the conservation organization to fund projects advancing wildlife interests in the state, subject to the following:

(a) project funding will not be committed to or expended on any project without first obtaining the division director's written approval;

(b) cash donations to the Wildlife Habitat Account created under Section 23-19-43 or Division Species Enhancement Funds are authorized projects that do not require the division director's approval; and

(c) application handling fee revenue dedicated to funding projects must be completely expended on [or committed to ]approved projects [by September]or transferred to the division by August 1st, two years following the year in which the application handling fee revenue is collected[, unless otherwise authorized in writing by the division director].

(4 ) Application handling fee revenue committed to division- approved projects will be transferred by the conservation organization to the division within 60 days of being invoiced by the division.

(a) If the division-approved project to which funds are committed is completed under projected budget or canceled, funds committed to the project that are not used will be kept by the division and credited back to the conservation organization and made available for the group to use on other approved projects during the current or subsequent year.

(5) All records and receipts for projects under Subsection (3) must be retained by the conservation organization for a period not less than five years, and shall be produced to the division for inspection upon request.

([5]6) The conservation organization shall submit a report to the division and Wildlife Board each year [no later than September]by August 1st that accounts for and documents the following:

(a) gross revenue generated from collecting $5 wildlife expo permit application handling fees;

(b) total amount of application handling fee revenue retained for administrative expenses; and

(c) total amount of application handling fee revenue set aside and dedicated to funding projects, including bank statements showing account balances[; and

(d) description and records of each project funded with application fee revenue, including the date of funding, the amount of funding contributed, and the completion status of the project].

([6]7) [An]A partner organization that individually receives application handling fee revenue from the expo permit drawing pursuant to a co-participant contract with the conservation organization, is subject to the provisions in Subsections (1) through ([5]6).

 

KEY: wildlife, wildlife permits

Date of Enactment or Last Substantive Amendment: [ November 10, 2015 ] 2018

Notice of Continuation: May 5, 2015

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

---