No. 31613 (Amendment): R657-23. Utah Hunter Education Program

DAR File No.: 31613
Filed: 06/24/2008, 09:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to add text to clarify the definition of "Hunter Education Registration Certificate" and to add an exemption allowed by H.B. 427 for members of the United States Armed Forces or Utah National Guard from having to complete the shooting practical test. (DAR NOTE: H.B. 427 (2008) is found at Chapter 217, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

"Hunter Education Registration Certificate" definition was revised to better reflect a valid period of 365 days. An exemption was added for members of the United States Armed Forces or Utah National Guard from having to complete the shooting practical test.

State statutory or constitutional authorization for this rule:

Sections 23-19-11 and 23-19-12

Anticipated cost or savings to:

the state budget:

This rule is being amended to clarify definitions and to add an exemption for military personnel. The Division of Wildlife Resources (DWR) determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget and can be implemented with current budget and personnel.

local governments:

None--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 and persons other than businesses:

This rule is only clarifying an existing definition and adding an exemption for military personnel. Therefore, this amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This rule is only clarifying an existing definition and adding an exemption for military personnel. Therefore, the division determines that there are not any additional compliance costs 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:

08/14/2008

This rule may become effective on:

08/21/2008

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-23. Utah Hunter Education Program.

R657-23-2. Definitions.

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

(2) In addition:

(a) "Approved hunter education course" means any hunter education course that qualifies a person to receive a resident hunting license in the state, province, or country in which the hunter education course is offered.

(b) "Authorized division representative" means a volunteer hunter education instructor who has been approved by the division to issue duplicate blue cards.

(c) "Blue Card" means the certificate of completion issued by the division for having passed a Utah hunter education course or an approved hunter education course.

(d) "Certificate of completion" means a card, certificate, or other document issued by the wildlife agency of a state, province, or country, and signed by a hunter education instructor, verifying successful completion of an approved hunter education course.

(e) "Hunter Education Registration Certificate" means a document purchased from the division that is valid for 365 days from date of purchase which is required to sign up for and graduate from the hunter education course. This document becomes a valid hunting license upon validation of course completion by a certified hunter education instructor.

(f) "Practical exercise and testing day" means a student has successfully completed the hunter education course online and shall participate in taking a written test, a practical shooting test, and instruction on firearms safety and hunter responsibility during a minimum of five hours with a hunter education instructor.

([f]g) "Trainer" means a volunteer hunter education instructor or Division employee who has been certified by the division to train hunter education instructors.

([g]h) "Instructor" means a volunteer hunter education instructor or division employee who has been certified by the division to teach the hunter education program to students.

([h]i) "Online hunter education course" means a hunter education course that is completed online substituting the minimum 12 hours classroom requirement, and is taken through the division's Internet address.

([i]j) "Student" means a person who is registered in a hunter education course being taught by a certified hunter education instructor.

([j]k) "Traditional hunter education course" means a hunter education course that is a minimum of 12 classroom hours, a written test and a practical shooting test.

 

R657-23-3. Hunter Education Required.

(1)(a) To obtain a hunting license, any person born after December 31, 1965, must present proof of having passed a division approved hunter education course.

(b) A person may take a hunter education course offered by the division as provided in Subsection (2), (3), or (4).

(2) Completion of a traditional hunter education course requires students to:

(a) purchase a hunter education [voucher]registration certificate from a Division authorized licensed vendor;

(b) attend the minimum 12-hour classroom course;

(c) behave in a safe and responsible manner in class;

(d) obtain a passing score of at least 75% on a written test; and

(e) obtain a passing score of at least 50% on a shooting practical test.

(3) Completion of the online hunter education course requires students to:

(a) purchase a hunter education [voucher]registration certificate from a Division authorized licensed vendor.

(b) pre-register for the field day by contacting the instructor by mail, e-mail or telephone;

(c) comprehensively read each chapter of the online workbook, and complete and obtain a passing score of at least 80% of each quiz that is provided after each chapter of the workbook;

(d) behave in a safe and responsible manner while attending the field day;

(e) obtain a passing score of at least 75% on a written test; and

(f) obtain a passing score of at least 50% on a shooting practical test.

(4)(a) The division will issue a Blue Card to each individual who successfully completes the hunter education course.

(b) A Blue Card shall not be issued to a person who has not successfully completed the hunter education requirements.

(5) A member of the United States Armed Forces or Utah National Guard is exempt from the shooting practical test required in Subsections 2 and 3 above if they can provide a copy of their federal form 201 from the military outlining their firearms training to the hunter education instructor prior to the firearms practical test.

(6) The division shall accept other states, provinces, and countries criteria and qualifications for their respective courses, which meet or exceed the International Hunter Education Association hunter education standards.

 

KEY: wildlife, game laws, hunter education

Date of Enactment or Last Substantive Amendment: [April 7], 2008

Notice of Continuation: December 6, 2007

Authorizing, and Implementing or Interpreted Law: 23-19-11