No. 43430 (Amendment): Rule R657-9. Taking Waterfowl, Wilson's Snipe and Coot

(Amendment)

DAR File No.: 43430
Filed: 12/10/2018 07:38:56 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' (DWR) waterfowl program.

Summary of the rule or change:

The proposed revisions to this rule: 1) establish a hunt boundary for Antelope Island; and 2) authorize the use of class 1 electric bikes on Waterfowl Management Areas (WMA).

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 establish a boundary for Antelope Island and allows for additional opportunity or hunters to use electric bikes. DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since these changes will not increase workload and can be carried out with existing budget.

local governments:

Since these amendments have minimal impact on individual hunters and 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:

These amendments only add a hunt boundary and establish the use for electric bikes in WMA's, therefore, this filing does not have the potential to generate a cost or savings impact to small businesses.

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

These amendments only add a hunt boundary and establish the use for electric bikes in WMA's, therefore, this filing does not have the potential to generate a cost or savings impact to sportsmen or the other persons.

Compliance costs for affected persons:

DWR has determined that these amendments will not create additional costs for those who participate in wildlife related activities in Utah.

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 amendments 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:

01/31/2019

This rule may become effective on:

02/07/2019

Authorized by:

Mike Fowlks, 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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These rule changes are not expected to have any fiscal impact on non-small businesses revenues or expenditures, because they currently do not benefit from the sale of small game licenses, nor do the amendments to this rule require any services from non-small businesses.

 

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

 

 

R657. Natural Resources, Wildlife Resources.

R657-9. Taking Waterfowl, Wilson's Snipe and Coot.

R657-9-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, and in accordance with 50 CFR 20, 50 CFR 32.64 and 50 CFR 27.21, 2004 edition, which is incorporated by reference, the Wildlife Board has established this rule for taking waterfowl, Wilson's snipe, and coot.

(2) Specific dates, areas, limits, requirements and other administrative details which may change annually are published in the guidebook of the Wildlife Board for taking waterfowl, Wilson's snipe and coot.

 

R657-9-12. Motorized Vehicle Access.

(1) "Motorized vehicle" for the purposes of this section means a vehicle that is self-propelled or possesses the ability to be self-propelled. This does not include vehicles moved solely by human power, motorized wheelchairs, or an electric personal assisted mobility device[, or an electric assisted bicycle].

(2) Motorized vehicle travel is restricted to county roads, improved roads and parking areas.

(3) Off-highway vehicles are not permitted on state waterfowl management areas, except as marked and posted open.

(4) Off-highway vehicles are not permitted on Bear River Migratory Bird Refuge.

(5) Motorized boat use is restricted on waterfowl management areas as specified in the guidebook of the Wildlife Board for taking waterfowl, Wilson's snipe and coot.

(6) Electric-assisted bicycles propelled in part by electrical assistance are only permitted on state waterfowl management areas if they meet the Class 1 definition provided in Utah Code Subsection 41-6a-102(8) and (17).

 

R657-9-30. Rest Areas and No Shooting Areas.

(1) A person may only access and use state waterfowl management areas in accordance with state and federal law, state administrative code, and proclamations of the Wildlife Board.

(2)(a) The division may establish portions of state waterfowl management areas as "rest areas" for wildlife that are closed to the public and trespass of any kind is prohibited.

(b) In addition to any areas identified in the proclamation of the Wildlife Board for taking waterfowl, Wilson's snipe, and coot, the following areas are designated as rest areas:

(i) That portion of Clear Lake Waterfowl Management Area known as Spring Lake;

(ii) That portion of Desert Lake Waterfowl Management Area known as Desert Lake;

(iii) That portion of Public Shooting Grounds Waterfowl Management Area that lies above and adjacent to the Hull Lake Diversion Dike known as Duck Lake;

(iv) That portion of Salt Creek Waterfowl Management Area known as Rest Lake;

(v) That portion of Farmington Bay Waterfowl Management Area that lies in the northwest quarter of unit one; and

(iv) That portion of Ogden Bay Waterfowl Management Area known as North Bachman.

(c) Maps of all rest areas will be available at division offices, on the division's website, and to the extent necessary, marked with signage at each rest area.

(3)(a) The division may establish portions of state waterfowl management areas as "No Shooting Areas" where the discharge of weapons for the purposes of hunting is prohibited.

(b) No Shooting Areas remain open to the public for other lawful activities.

(c) In addition to any areas identified in the proclamation of the Wildlife Board for taking waterfowl, Wilson's snipe, and coot, the following areas are No Shooting Areas:

(i) All of Antelope Island, including all areas within 600 feet of the upland vegetative line or other clearly defined high water mark;

(ii) Within 600 feet of the north and south side of the center line of Antelope Island causeway;

([ii]iii) Within 600 feet of all structures found at Brown's Park Waterfowl Management Area;

([iii]iv) The following portions of Farmington Bay Waterfowl Management Area:

(A) within 600 feet of the Headquarters;

(B) within 600 feet of dikes and roads accessible by motorized vehicles; and

(C) within the area designated as the Learning Center.

([iv]v) Within 600 feet of the headquarters area of Ogden Bay Waterfowl Management Area;

([v]vi) Within the boundaries of all State Parks except those designated open by appropriate signage as provided in Rule R651-614-4;

([vi]vii) Within 1/3 of a mile of the Great Salt Lake Marina;

([xi]viii) Below the high[ ]-water mark of Gunnison Bend Reservoir and its inflow upstream to the Southerland Bridge, Millard County;

([xii]xi) All property within the boundary of the Salt Lake International Airport; and

([xii]x) All property within the boundaries of federal migratory bird refuges, unless hunting waterfowl specifically authorized by the federal government.

(4) The division reserves the right to manage division lands and regulate their use consistent with Utah Code Section 23-21-7 and Utah Administrative Code R657-28.

 

KEY: wildlife, birds, migratory birds, waterfowl

Date of Enactment or Last Substantive Amendment: [ February 7, 2018]2019

Notice of Continuation : August 1, 2016

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 50 CFR part 20

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