No. 34981 (Amendment): Rule R657-12. Hunting and Fishing Accommodations for People with Disabilities

(Amendment)

DAR File No.: 34981
Filed: 06/28/2011 09:34:01 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 divisions' administrative rules.

Summary of the rule or change:

Provisions are being amended to this rule to allow a veteran with disabilities to receive a season fishing license at a reduced price. These amendments set the criteria for issuing such licenses.

State statutory or constitutional authorization for this rule:

• Section 23-19-36
• Section 23-14-18
• Section 23-19-1
• Section 63G-3-201
• Section 23-20-12

Anticipated cost or savings to:

the state budget:

This amendment allows opportunity for disabled veterans to receive a season fishing license at a discounted price. The Division of Wildlife Resources (DWR) has determined that this amendment may create a cost or savings impact to the division's budget or the state budget depending on the number of qualifying veterans.

local governments:

This amendment allows opportunity for disabled veterans to obtain a season fishing license at a discounted price. This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments.

small businesses:

This amendment allows opportunity for qualifying disabled veterans to purchase a season fishing license at a discounted price. The amendment does not impose any additional requirements on small businesses but will generate a cost or savings impact to qualifying disabled veterans.

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

This amendment allows opportunity for qualifying disabled veterans to purchase a season fishing license at a discounted price. The amendment does not impose any additional requirements on other persons but will generate a cost or savings impact to qualifying disabled veterans.

Compliance costs for affected persons:

This amendment allows opportunity for disabled veterans to obtain a season fishing license at a discounted price, and sets the qualifying criteria. 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:

08/15/2011

This rule may become effective on:

08/22/2011

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-12. Hunting and Fishing Accommodations for People With Disabilities.

R657-12-10. Fishing Licenses for Veterans with Disabilities.

(1) A resident who has a service-connected disability of 40% or more and is not eligible to fish without a license under Section 23-19-14 or to receive a free fishing license under Section 23-19-36 may purchase a discounted 365-day fishing license upon furnishing verification of a service-connected disability and paying the fee established in the approved fee schedule.

(a) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof and the Army and Air National Guard of the United States.

(b) "Service-connected disability" means injury or illness incurred or aggravated:

(i) while in Armed Forces service; and

(ii) that is recognized by the United States Department of Veterans Affairs or by a branch of the Armed Forces.

(c) "Verification of Service-Connected Disability" means an official written letter, statement, or card issued by the Department of Veterans Affairs or by a branch of the Armed Forces certifying that the person has a service-connected disability with a disability rating of 40% or higher.

(2) The discount provided in this section on the purchase of a fishing license does not apply to combination licenses.

(3) Veteran fishing licenses shall be issued at division offices and may be issued online or at license agents. The purchaser may be required to complete an affidavit of the service-connected disability at the time of purchase.

 

R657-12-11. Administrative and Judicial Review.

(1) A person may request administrative review of the division's partial or

complete denial of a certificate of registration under this chapter by delivering a written

request for administrative review to the division director or designee within 30 days of

the date of denial.

(2) The request for administrative review shall include:

(a) the name, address, and phone number of the petitioner;

(b) a specific description of the disability involved and the physical limitations

imposed by that disability;

(c) a specific description of the accommodations requested to mitigate the

physical limitations caused by the disability; and

(d) verifiable medical or other information describing the disability and the

medical need for the requested accommodation.

(3) A person may appeal the division director's or designee's decision under

Subsection (1) by filing a request for agency action pursuant to R657-2.

 

KEY: wildlife, wildlife law, disabled persons

Date of Enactment or last Substantive Amendment: [August 9, 2010]2011

Notice of Continuation: September 10, 2007

Authorizing, and Implemented or Interpreted Law: 23-20-12; 63G-3-201

 

---