No. 42974 (Amendment): Rule R657-64. Predator Control Incentives

(Amendment)

DAR File No.: 42974
Filed: 06/11/2018 10:44:48 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 Predator Control Program as approved by the Wildlife Board.

Summary of the rule or change:

These rule amendments: 1) require the issuance of a Certificate of Registration to participate; 2) set the standards for sample conditions of the coyote; 3) allow for altering the payments based on budget; and 4) authorize the use of an electronic application to track the coyote harvests.

Statutory or constitutional authorization for this rule:

• Section 23-13-2
• Section 23-30-104

Anticipated cost or savings to:

the state budget:

These rule amendments streamline the process and alleviate the opportunity for fraudulent claims, the Division of Wildlife Resources (DWR) has determined that these amendments will not create any cost or savings impact to the state budget or DWR's budget, and will be carried out with the money allocated by the State Legislature under the Mule Deer Protection Act.

local governments:

These rule amendments streamline the process and alleviate the opportunity for fraudulent claims, DWR has determined that these amendments will not create any cost or savings impact to local governments and will be carried out with the money from the Mule Deer Protection Act.

small businesses:

These rule amendments streamline the process and alleviate the opportunity for fraudulent claims, DWR has determined that these amendments will not create any cost or savings impact to small businesses and will be carried out with the money from the Mule Deer Protection Act.

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

Since these rule amendments allow DWR to track coyote harvest with the use of an electronic application and allow for flexibility with payments to ensure the program stays within budget, DWR has determined this filing will create a direct cost or savings impact to other persons who participate in the program during the years that the payment is decreased.

Compliance costs for affected persons:

DWR has determined that these rule amendments will create a cost or savings impact to individuals in Utah during the years that the payment is decreased.

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 R657-64 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.

R657-64. Predator Control Incentives.

R657-64-1. Purpose and Authority.

(1) This rule is promulgated under authority of Section 23-30-104 to establish procedures for:

(a) targeted predator control and general predator control programs administered by the division for the benefit of mule deer; and

(b) creation and distribution of educational and training materials related to mule deer protection.

 

R657-64-2. Definitions.

(1) Terms used in this rule are defined in Section 23-30-102 and 23-13-2.

(2) In addition:

(a) "Division" means the Utah Division of Wildlife Resources.

(b) "Fiscal year" means July 1st through June 30th of the following calendar year.

(c) "General predator control" means a predatory animal removal effort by the division, which uses the public to remove predators for the benefit of mule deer.

([c]d) "GPS" means Global Positioning System location in either the form of Latitude-Longitude coordinate or Universal Transverse Mercator (UTM) coordinate.

([d]e) "Marked" means the permanent clipping or punching of ears on the predatory animal carcass or pelt.

([e]f) "Predatory animal" means a coyote.

(g) "Preserved" means drying, freezing, or chemically treating the pelt or scalp with ears attached and the lower jaw of a coyote so it is not decomposed or spoiled when presented to the division for reimbursement under R657-64-4.3.

([f]h) "Targeted area" means an area within the State of Utah specifically identified for predatory animal removal during a specified season.

([g]i) "Targeted predator control" means a predatory animal removal effort by the division or its contractors:

(i) to remove predatory animals in an area where high predation on mule deer occurs; and

(ii) that focuses on specific locations and certain times.

([h]j) "State" means State of Utah.

 

R657-64-3. Predatory Animal Control Programs.

(1) Two predatory animal control programs are created within the division to provide financial incentive to participants for the removal of coyotes detrimental to mule deer production.

(a) The General Predator Control Program provides a financial incentive to any [registered ]participant with a predator control certificate of registration to remove coyotes within the State.

(i) The financial incentive to participate in the program and remove coyotes under the conditions prescribed in this rule and by the division is $50 compensation per animal, unless otherwise reduced by the division pursuant to Subsections (ii) and (iii).

(ii) Compensation for coyotes in any given fiscal year is limited to the annual legislative appropriation for the program, and no further compensation will be paid once the funding allocation is exhausted.

(iii) Beginning July 1, 2019, compensation amounts may be adjusted by the division[, to be paid in accordance with R657-64-4.]as follow.

(A) When annual compensation claims exceed the program funding allocation appropriated by the Legislature in a fiscal year, the compensation amount for each animal in the coming year will be reduced by $5 from that paid in the previous year.

(B) When annual compensation claims are less than the program funding allocation appropriated by the Legislature in a fiscal year, the compensation amount for each animal in the coming year will be increased by $5 from that paid in the previous year, provided compensation never exceeds $50 per animal.

(b) The Targeted Predator Control Program [provides compensation by contract to preapproved vendors to remove coyotes ]focuses coyote removal efforts within prescribed areas of the State and during specified times of the year where predation on deer is most prevalent[.] by:

(i) using personnel hired and employed by the division to undertake targeted removal efforts; or

(ii) contracting with vendors to undertake targeted removal efforts.

(2) Participants in either program are not granted special authority to take coyotes beyond that available to non-participants, and each shall comply with all applicable federal, state, and local laws.

(3)(a) Except as provided in Subsection (3)(b) , participants in both programs are required to follow all relevant rules and regulations related to trapping and firearm use, as detailed in state code and rule R657-11, "Taking Furbearers."

(b) The division may exempt a participant in the Targeted Predator Control Program from specified provisions of R657-11 which the division determines necessary to effectively control coyotes in a targeted area that are detrimental to mule deer production.

 

R657-64-4. General Predator Control Program [ . ] -- Certificate of Registration Required.

(1) A person [may]must possess a valid predator control certificate of registration issued by the division to participate in the General Predator Control Program[, provided the applicant:].

(2) To receive a predator control certificate of registration, a person must;

(a) [completes]complete an online application, including the applicant's:

(i) full name;

(ii) mailing address;

(iii) phone number;

(iv) e-mail address;

(v) date of birth; and

(vi) social security number;

(b) [completes]pay any required application and certificate of registration fees;

(c) complete an annual online orientation and training course[for participation in the program];

([c]d) [agrees]agree to the requirements of this rule and any additional terms and conditions specified by the division for program participation on its webpage;

[(d) acknowledges](e) acknowledge and [agrees]agree to the division submitting an Internal Revenue Service Form 1099 each calendar year where compensation totals require reporting under federal law;

[(e) acknowledges](f) acknowledge and [agrees]agree to verify that all coyotes submitted for compensation are [taken]killed by the applicant within the State.

[(f) acknowledges](g) acknowledge and [agrees]agree to collect and submit accurate GPS data documenting the precise location where each coyote is [taken]killed; and

[(g) acknowledges](h) acknowledge and [agrees]agree to not interfere with USDA Wildlife Services employees conducting similar coyote removal efforts in the area.

([2]3) The division may deny an application [to participate in the program ]for a predator control certificate of registration for any of the following reasons:

(a) the application is incomplete or filled out incorrectly;

(b) the application contains false or misleading information;

(c) the applicant [has failed]fails to complete [the online orientation and training course required ]or otherwise comply with any of the requirements in Subsection ([1)(b]2);

(d) the applicant has previously violated any of the terms of this rule or participation requirements imposed by the division;

(e) the applicant's hunting or trapping privileges are suspended in [the State at the time of application]Utah or any other state;

(f) the applicant has been convicted of or entered a plea in abeyance to any crime of dishonesty in the previous five years; or

(g) the applicant has committed any other crime, or violation of law or contract that bears a reasonable relationship to their reliability in accurately reporting the locations and times that predatory animals are [taken.]killed.

([3]4) (a) Upon approval of the application, the division [shall]will issue a predator control certificate of registration [number authorizing]to the applicant['s]authorizing their participation in the program[which].

(b) The certificate of registration will remain valid [until June 30th each year]for 365 days from the date of issuance, unless earlier suspended pursuant to R657-64-11.

(c) Upon expiration of a predator control certificate of registration, a new certificate of registration must be obtained under the criteria and conditions set forth in Subsections (2) and (3) to participate in the program.

 

R657-64-4.3. General Predator Control Program -- Compensation

[(4) Registered program](1)(a) Program participants with a valid predator control certificate of registration will be eligible to receive from the division $50 for each qualifying coyote presented, unless otherwise [adjusted]reduced by the division[, subject to the following conditions:]pursuant to R657-64-3(1)(a)

[(a) requests](b) Requests for payment shall be made only on the designated check-in dates and at the locations identified by the division[;].

[(b) any]

(2) Receipt of compensation is further subject to the following conditions:

(a) The claimant seeking compensation for a coyote must:

(i) personally kill the animal presented [to the division for the incentive]for payment[must:

(i) be taken by the participant within the State on or after July 1, 2012];

[(A) Program participants are not authorized to trespass or take coyotes on tribal trust lands without written tribal authorization.

(ii) include the full pelt or the scalp with both ears attached, with neither previously marked or damaged to the extent that marking is unascertainable;](ii) possess a valid predator control certification of registration at the time the animal is killed and at the time it is presented to the division for payment;

[(iii) include the lower jaw removed from the carcass with canine teeth intact ;

(iv) be permanently marked by the division; and]

[(c) requests for payment must be on](iii) complete and submit a signed[,] division-approved compensation form [that]in electronic or written format containing the following information:

([i) provides]A) the claimant's name[, mailing address,] and certificate of registration number[of the participant];

([ii) records]B) the date and exact GPS location where each coyote [is taken]was killed; and

[(iii) verifies](C) verification that the [participant]claimant personally [took]killed the coyotes, the information provided is accurate, and all program terms and conditions have been complied with[.];

(iv) present to the division at a designated check-in event the fresh or preserved:

(A) full pelt or scalp of each coyote with both ears attached; and

(B) entire lower jaw of each coyote--removed from the carcass with canine and molar teeth intact; and

(v) link or associate the pelt, scalp, and jaw of each coyote presented for reimbursement to the corresponding entry for that coyote on the division-approved compensation form.

(b) Except as provided in Subsection (3), a claimant may not seek or obtain an incentive payment under this rule for any coyote that is:

(i) killed by someone or something other than the claimant;

(ii) killed outside the State of Utah;

(iii) presented to the division for payment more than 365 days from the date it was killed;

(iv) marked as previously redeemed for payment; or

(v) presented to the division in a condition where the pelt, scalp or lower jaw:

(A) is spoiled or rotten;

(B) has maggots or other carrion organisms;

(C) is in a frozen state; or

(D) is damaged or otherwise in a condition where the species cannot be reliably verified, or the absence or presence of markings cannot be ascertained.

([5]3) Program participants may designate a third party to check-in their coyotes with the division at the designated times and locations, provided:

(a) the compensation form referred to in [subsection (4)(c]Subsection (2)(a)(iii) is completed and signed by the program participant that [took]killed the coyotes;

(b) the lower jaw and either the full pelt or the scalp (with both ears attached) of each coyote is presented to the division, as required in [Subsection (4)(b)(ii]Subsections (2)(a)(iv) and ([iii]2)(b), with the compensation form; and

(c) the compensation form identifies and authorizes the person that will present it to the division for compensation.

(4) Program participants are not authorized to trespass or take coyotes on tribal trust lands without written tribal authorization.

(5) Employees and contractors of USDA Wildlife Services are ineligible to receive compensation for coyotes taken within the scope of their employment or contractual responsibilities.

(6) Compensation for qualified coyotes will be documented by written receipt at the time of submission to the division and payment by check will be mailed at a later date.

(7) Participants shall be responsible for disposing of coyote pelts and ears presented to the division for compensation, but the division may retain the lower jaw.

(8) The division will mark each coyote redeemed for payment to ensure compensation is paid only once for each animal.

 

R657-64-4.7. General Predator Control Program -- Electronic Certification.

(1) Beginning on July 1, 2019, program participants seeking compensation for coyotes under R657-64-4.3 must comply with the following electronic certification requirements:

(a)(i) Download the division's electronic certification application to a personal electronic device with photograph and location services capabilities.

(ii) The application will automatically record the date and GPS location of each photograph and link that data to the photograph.

(b) Using the electronic certification application, claimants must enable the location services on their electronic device and photograph each coyote at the exact location it is trapped or killed.

(c) The photographic image must:

(i) show the entire coyote carcass so it fills the frame of the image;

(ii) be uploaded to the division's designated database; and

(iii) be sufficiently clear and detailed to match a pelt or scalp presented to the division for compensation with the coyote carcass in the photographic image.

(2) Compensation will not be paid for any coyote presented to the division that has not been electronically certified by the claimant consistent with the requirements of Subsection (1).

 

R657-64-5. Targeted Predator Control Program.

(1) [The division may award contracts and compensate eligible vendors for targeted coyote removal services in areas of the State and at times specified in the contract.]The division may hire employees or award contracts to vendors for targeted coyote removal services.

[(a) Selected vendors will be compensated as prescribed in the contract and are ineligible to receive the $50 incentive under the General Predator Control Program in R657-64-4 for coyotes taken under contract in the Targeted Predator Control Program.

(b) Vendors participating in the Targeted Predator Control Program must submit to the division the lower jaw removed from the carcass with canine teeth intact and either the full pelt or the scalp with both ears attached for each coyote for which compensation credit is sought.

(i) The division will document each animal and mark its ears, and may retain its lower jaw.

(c) Contract vendors shall:

(i) be responsible for disposal of all coyote pelts and ears presented to the division for compensation credit, but the division may retain the lower jaw;

(ii) not interfere with USDA Wildlife Services employees conducting similar coyote removal efforts within a targeted area;

(iii) verify that all coyotes presented for compensation credit were taken:

(A) by them personally or by another person operating under their direct supervision; and

(B) within the areas and time periods prescribed in the contract; and

(iv) provide and verify the accuracy of GPS data documenting the precise location where each coyote is taken.

(2)(a) The division may establish a list or pool of preapproved vendors for participation in the Targeted Predator Control Program.

(b) Preapproved vendors are eligible to receive a coyote removal contract.

(c) The division may select one or more of the approved vendors for use in each targeted area for the season.

(d) The division has full discretion to select any vendor to contract with among the pool of preapproved vendors and is under no obligation to use all the vendors or to provide equal opportunity to them.

(e) The division is not bound to select vendors in any year, and does not guarantee that any vendor will be selected.

(3)(a) A person or business entity may become a preapproved vendor in the Targeted Predator Control Program by complying with the following:

(i) complete and submit to the division an application on the form provided by the division; and

(ii) participate in the General Predator Control Program under R657-64-4 for one or more years with compensation credit awarded by the division for 25 or more coyotes each year.

(A) In the case of a business entity, one or more of the entity's principals or owners must satisfy the requirements in Subsection (3)(a)(ii).

(b) The division may deny an application for preapproved vendor status in the Targeted Predator Control Program for any of the following reasons:

(i) the application is incomplete or filled out incorrectly;

(ii) the application contains false or misleading information;

(iii) the applicant has previously violated any of the terms of this rule or participation requirements imposed by the division;

(iv) the applicant's hunting privileges are suspended in the State at the time of application;

(v) the applicant has been convicted of or entered a plea in abeyance to any crime of dishonesty in the previous five years; or

(vi) the applicant has committed any other crime, or violation of law or contract that bears a reasonable relationship to their reliability in accurately reporting the locations and times that predatory animals are taken.]

(2) Targeted predator control contracts will be solicited and awarded through the Division of Purchasing and General Services consistent with the procurement requirements in Title 63G, Chapter 6a of the Utah Code.

 

R657-64-6. Trap and Hunting Locations.

(1) Program participants and contract vendors are required to provide GPS data documenting the precise location where each coyote is taken.

(2) To the extent GPS data discloses the location of trap lines or hunting areas, and public disclosure of that data exposes the traps to the possibility of theft and damage or the hunting area to exploitation by others, the data may be classified as "protected" under Section 63G-2-305(2) and restricted from public disclosure pursuant to Title 63G, Chapter 2, Government Records Access and Management Act, provided the requirements of Subsection (3) are satisfied.

(3) Any person desiring to protect GPS data from public disclosure that locates trap lines or hunting areas must submit to the division a written claim of confidentiality explaining:

(a) the financial and commercial harm reasonably expected to occur if the data is subject to public disclosure; and

(b) why the person submitting the data has a greater interest in prohibiting access than the public in obtaining access.

 

R657-64-11. Violations.

(1)(a) The division may suspend, terminate, or deny any certificate of registration or other authorization issued under this rule to participate in either or both predatory animal control programs for any of the violations listed in R657-64-4([2]3) or R657-64-5(3)(b).

(b) Suspension proceedings involving predator control certificates of registration will be initiated and adjudicated consistent with the procedures set forth in R657-26.

(2) Providing false information to the division or otherwise violating the provisions of this rule may be criminally prosecuted under applicable offenses defined in the Utah Code.

 

KEY: wildlife, predators , game laws, wildlife laws

Date of Enactment or Last Substantive Amendment: [ July 8, 2013 ] 2018

Notice of Continuation: July 31, 2017

Authorizing, and Implemented or Interpreted Law: 23-30-102; 23-30-104; 23-13-17

---