No. 43432 (Amendment): Rule R657-38. Dedicated Hunter Program

(Amendment)

DAR File No.: 43432
Filed: 12/10/2018 07:45:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Wildlife Board meetings conducted for taking public input and reviewing the Division of Wildlife Resources' (DWR) Dedicated Hunter Program.

Summary of the rule or change:

The proposed revisions to this rule: 1) consolidate related sections for simplification; 2) eliminate redundancy and add clarity to rule intent throughout; 3) establish a deadline for extension requests; 4) clarify timeframes in which the service hours must be completed; and 5) clarify the withdrawal requirements and number of permits allowed for a withdrawal.

Statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

These rule amendment make technical and clarifying changes and thus 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 are only clarifying or simplifying processes already in place, 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 simply make technical and clarifying changes, therefore, DWR determines that the amendments do 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 simply make technical and clarifying changes, therefore, DWR had determined that 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 savings or costs for those who wish to participate in the program.

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 dedicated hunter certificate of registrations.

 

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

 

 

R657. Natural Resources, Wildlife Resources.

R657-38. Dedicated Hunter Program.

R657-38-1. Purpose and Authority.

(1) Under the authority of Section 23-14-18, this rule provides the standards and requirements for qualified deer hunters to participate in the Dedicated Hunter Program by obtaining a certificate of registration.

(2) The Dedicated Hunter Program is a program that[provides]:

(a) provides expanded hunting opportunities;

(b) [opportunities to participate]requires participation in wildlife conservation projects; and

(c) [education]provides educational training in hunter ethics and wildlife management principles.

 

R657-38-2. Definitions.

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

(2) In addition:

(a) "Dedicated Hunter Permit" means a general buck deer permit issued to a participant in the Dedicated Hunter Program, which authorizes the participant to hunt deer during the general archery, general muzzleloader and general any weapon open seasons in the hunt area specified on the permit.

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

(c) "Hunt area" means an area prescribed by the Wildlife Board where general archery, general muzzleloader and general any legal weapon buck deer hunting is open to permit holders for taking deer.

([c]d) "Participant" means a person who has remitted the appropriate fee and has been issued a Dedicated Hunter certificate of registration.

[(d) "Program" means the Dedicated Hunter Program]

(e ) "Program" means the Dedicated Hunter Program

(f) "Program harvest" means using a Dedicated Hunter permit to tag a harvested deer or failing to return a Dedicated Hunter permit with the kill tag attached, while enrolled in the program.

([f]g) "Wildlife conservation project" means any project that provides wildlife habitat protection or enhancement, improves public hunting or fishing access, or directly benefits wildlife or the Division's current needs and is pre-authorized by the Division.

 

R657-38-3. Dedicated Hunter Certificates of Registration.

(1)(a) To participate in the program, a person must apply for, [obtain]be issued, and sign a Dedicated Hunter certificate of registration as prescribed by the Division.[A participant is not required to have the Dedicated Hunter certificate of registration on their person while hunting.]

(b) Certificates of registration are issued by the Division through a drawing as prescribed in the guidebook of the Wildlife Board for taking big game and R657-62.

(c) Certificates of registration are valid for [3]three consecutive years, except as provided by R657-38-10 and R657-38-13, beginning on the date the big game drawing results are released and ending on the last day of the general season hunt for the [3rd]third year of enrollment.

(d) The [number]quantity of Dedicated Hunter certificates of [registration]registrations is limited to 15[%] percent of the total annual general season buck deer quota for each respective hunt area.

([i]e) Certificates of registration remaining unissued from the Dedicated Hunter portion of the big game drawing shall be redistributed as general single-season permits for their respective hunt areas in the general buck deer drawing.

(2) The Division may deny issuance of a Dedicated Hunter certificate of registration for any of the reasons identified as a basis for suspension in Section 23-19-9(7) and R657-38-15.

(3) (a) A certificate of registration conditionally authorizes the participant to obtain [and use ]a Dedicated Hunter permit which may be used to hunt deer within the area listed on the permit, during the general archery, general muzzleloader and general any legal weapon buck deer seasons according to the dates and boundaries established by the Wildlife Board.

(b) When available, the certificate of registration may also authorize [hunting within]the permit to include the general deer archery extended area during the extended season dates.

([a]c) The person must use the appropriate [weapons and equipment otherwise applicable to]weapon type specified by each season and boundary.

(4) The participant's [selected] hunt area, as issued through the drawing, shall remain the same for the entire duration of that program enrollment period.

(5) Participants in the program shall be subject to any changes subsequently made to this or other [rulesduring]rules during the term of enrollment[, unless a variance is authorized by the Division].

 

R657-38-4. Applications for Certificates of Registration.

(1) Applications to obtain a Dedicated Hunter certificate of registration are made pursuant to R657-62-16.

(2) To apply for a Dedicated Hunter certificate of registration, applicants must:

(a) have a valid Utah hunting or combination license;

(b) meet all age, hunter education, and license requirements in Sections 23-19-11, 23-19-22, 23-19-24, and 23-19-26 and in applicable rules[;], except that:

(i) A person 11 years of age may apply for and obtain a Dedicated Hunter certificate of registration if that person's [12th]twelfth birthday falls in the calendar year the certificate is issued[. A]; and

(ii) a person may not hunt big game prior to their [12th]twelfth birthday; and

(c) be compliant with the restrictions in Subsection (2).

(3) A person under any wildlife suspension may not apply for a certificate of registration until their suspension period has ended.

 

R657-38-5. Dedicated Hunter Preference Point System.

[(1) ]Dedicated Hunter Preference points are issued pursuant to R657-62-10.

 

R657-38-6. Fees.

(1) Any person who is 17 years of age or younger on July 31[st] of the application year shall pay the youth participant fees.

(2) Any person who is 18 years of age or older on July 31[st] of the application year , or is a Lifetime License holder, shall pay the [adult]associated participant fees.

[(3) Lifetime License holders shall pay a reduced fee as authorized by the annual fee schedule.]

(3)([4]a) A participant who enters the program as a Utah resident and thereafter becomes a nonresident[,] shall be changed to a nonresident status and may be issued nonresident permits [at no additional charge ]for the remainder of the [three-year ]enrollment period.

(i) No additional fee shall be applied to the nonresident certificate of registration or its respective permits following this change.

(5) (a) A participant who enters the program as a nonresident and thereafter becomes a Utah resident, shall be changed to a resident status and may be issued resident permits [with no reimbursement of the higher nonresident fee ]for the remainder of the [three-year ]enrollment period.

(i) No refund will be issued for the difference of the resident certificate of registration fee or its respective permits following this change.

 

R657-38-7. Refunds.

(1) A refund for the Dedicated Hunter certificate of registration may not be issued, except as provided in [Section]Sections 23-19- 38 and 38.2 and R657-42.

(2) Any eligible refund of a certificate of registration fee[,] may be issued pro rata, based on the number of years in which any portion of a hunt may have occurred during the enrollment period.

(3) Drawing application fees are nonrefundable.

(4) A refund shall not be issued under any circumstance if a participant's harvest record indicates two program harvests.

 

R657-38-8. Wildlife Conservation and Ethics Course Requirement.

(1) After [successfully obtaining]being issued a Dedicated Hunter certificate of registration and prior to obtaining the first Dedicated Hunter permit of the program, a participant must complete a wildlife conservation and ethics course as prescribed by the Division.

(2) The wildlife conservation and ethics course is available through the Division's [Internet site]Website.

(3) The Division shall keep a record of all participants who complete the wildlife conservation and ethics course as required by Utah law.

 

R657-38-9. Service Hour Requirement.

(1)(a) [Except as provided in R657-38-14, each]A participant [in]must complete the [program shall provide a ]minimum [of 32 hours]annual required service hours as a volunteer on Division-approved wildlife conservation projects[.

(i) A participant may obtain a permit in the 1st year of the program without having provided service hours.] in order to obtain a Dedicated Hunter permit.

[(ii) A participant must have completed a minimum of 16 service hours prior to receiving a Dedicated Hunter permit in the 2nd year of the program.

(iii) A participant must have completed a minimum of 32 total service hours prior to receiving a Dedicated Hunter permit in the 3rd year of the program.]

(b) A participant must complete a minimum of 8 service hours prior to receiving a Dedicated Hunter permit in the first year of the program.

(c) A participant must complete a minimum total of 24 service hours prior to receiving a Dedicated Hunter permit in the second year of the program.

(d) A participant must complete a minimum total of 32 service hours prior to receiving a Dedicated Hunter permit in the third year of the program.

(e) If the participant has two program harvests, the full 32 hours must be completed prior to the expiration of the certificate of registration.

([b]f) If [the]a participant having two program harvests fails to complete the [minimum 32]required hours of service [by the]prior to expiration of the certificate of registration[in the 3rd year], the participant [will be]is ineligible to apply for or obtain any Utah hunting [licenses]license or [permits]permit until the remaining service hours have been completed.

([i]g) After a certificate of registration has expired, incomplete service hours may be completed through Division approved projects or by payment at the established purchase rate.

([ii]2) A participant who has not been issued any Dedicated Hunter permits during the enrollment shall not be required to complete the service hour requirement.

([c]3)(a) Residents and nonresidents may complete service hour requirements through service, purchase, or a combination of the two options.

[(d) If a participant fails to fulfill the wildlife conservation and ethics course or the minimum service requirements in any year of participation, the participant shall not be issued a Dedicated Hunter permit for that year.]

([2]b) Wildlife conservation projects may be [designed]provided by the Division, or any other individual or entity, but must be pre-approved by the Division.

([a]c) Goods or services [provided]donated to the Division[for wildlife conservation projects] by a participant may be, at the discretion of the Division, substituted for service hours based upon current market values or comparative state contract rates for the goods or services, and the approved service hour purchase rate.

([b]d) The Division shall publicize the dates, times, locations and description of approved wildlife conservation projects and activities on the Division['s Internet site]'s Website.

([3]4) (a) Service hours [must be completed within the]performed prior to an enrollment [period.]shall not be accepted as service credit.

([a]b) Service hours exceeding the [32 hour ]minimum requirement shall not be applicable beyond the enrollment period and shall not be credited to any subsequent certificate of [registrations]registration.

([4) Except as provided in R657-38-14 for participants surrendering due to injury or illness, all participants]5)(a) Participants are required to perform their own service hours.

([a]b) Service hours are not transferrable to other participants or certificates of registration.

 

R657-38-10. [ Service Hour Exceptions and Program ] Certificate of Registration Extension.

(1)(a) A participant who is a member of the United States Armed Forces or public safety organization that is mobilized or deployed on orders in the interest of national defense or declared state of emergency while enrolled in the program may request a one-year program extension if[;]:

([a]i) the person is mobilized or deployed for a minimum period of [3]three consecutive months[,]; or[;]

([b]ii) the participant is mobilized or deployed during the general buck deer season.

([i]b) [The extension may not be granted for a year where the participant was issued a Dedicated Hunter permit and the division determines]The participant must provide evidence of the mobilization or deployment period and that the mobilization or deployment precluded the participant from using the Dedicated Hunter permit.

(c) An extension may not be granted if the participant hunted [with]during the [permit]general deer season.

([2]d) If an extension is granted[:] due to mobilization or deployment:

([a]i) the minimum annual program requirements shall be postponed into the subsequent year of the enrollment; [and]

([b]ii) a permit will not be issued in the year the qualifying mobilization or deployment occurs.

[(3) The participant must provide evidence of the mobilization or deployment period.]

(2)(a) A person who is enrolled in the program and obtains a limited entry buck deer permit through the Utah Big Game drawing or accepts a poaching reported reward limited entry buck deer permit, may request the Dedicated Hunter program enrollment period be extended one additional year.

(b) The extension request must be received by the Division before the established deadline, as published on the Division's website.

(c) An extension is not available to participants who have two program harvests.

 

R657-38-11. Allowable Harvest and Permit Return Requirements.

(1)(a) A program participant may take a maximum of two general season deer within the enrollment period. Only one deer may be harvested in a single year.

(b) The harvest of an antlerless deer using a Dedicated Hunter permit, when permissible in the extended archery areas and seasons established in the big game guidebook, shall be considered a program harvest.

(2) Upon [issue]issuance of a Dedicated Hunter permit, the participant is credited with a program harvest.

(a) Two program harvests are allowed within an enrollment period.

(b) If program harvests [are accrued]accrue during the [1st]first year and [2nd]second year of the enrollment, a permit shall not be issued for the [3rd]third year.

(c) In order to remove a program harvest credit, the participant must:

(i) not have harvested a deer with the Dedicated Hunter permit; and

(ii) return the permit [and]with the attached tag, or a qualifying affidavit as proof of non-harvest to a Division office. A handling fee and notarization may be [assessed]required for processing an affidavit.

 

R657-38-12. Dedicated Hunter Permits.

(1)(a) Pursuant to Sections 23-19-24 and 23-19-26 person must have a valid Utah hunting or combination license to apply for or obtain a big game permit.

([a]b) Except as provided in subsection ([b]c), a permit may not be issued if the participant does not possess a valid hunting or combination license at the time of permit issuance.

([b]c) A valid hunting or combination license is not required to obtain a permit in the first year of the enrollment period, provided the participant possessed a valid license when applying for the Dedicated Hunter certificate of registration.

(2) The participant must have a valid Dedicated Hunter permit in possession while hunting.

(3) Upon completion of the minimum annual requirements, a Dedicated Hunter permit may be issued[. The method and dates in which the Division issues and distributes Dedicated Hunter permits shall be] as published on the Division's website[or in the guidebook of the Wildlife Board for taking big game].

(4) The Division may exclude multiple season opportunities on specific management units[due to extenuating circumstances on a portion or all of a hunt area.], or may close or reduce a season on part or all of a management unit, when in the interest of the wildlife resource or as necessary for the Division to accomplish its management objectives.

(5)(a) The Division may issue a duplicate Dedicated Hunter permit pursuant to Section 23-19-10.

(b) If a participant's unused Dedicated Hunter permit and tag is destroyed, lost, or stolen prior to, or during the hunting season in which the permit is valid, a participant may obtain a duplicate[. A]after paying the associated handling fee[may be assessed for the duplication].

(c) A duplicate Dedicated Hunter permit shall not be issued after the closing date of the general buck deer season.

(6)(a) A participant may surrender a Dedicated Hunter permit in accordance with Rule R657-42.

(b) A participant may not surrender a Dedicated Hunter permit [once the general archery deer hunt]after the earliest season allowed by the permit has begun, unless the Division can verify that the permit was never in the participant's possession.

(7)(a) Lifetime license holders may participate in the program.

(b) [The Lifetime]A lifetime license holder shall apply for a certificate of registration in the same manner as all other prospective participants.

(c) [Upon joining and for the duration of enrollment in the program, the]A lifetime license holder participating in the program agrees to [temporarily ]forego any rights to receive a lifetime license buck deer permit as provided in Section 23-19-[17.5.]17.5 while enrolled in the program and until all outstanding service hours owed from a period of enrollment are complete.

(d) A refund or credit is not issued for a forgone lifetime license permit.

 

R657-38-13. Obtaining Other Permits.

(1)(a) Participants may not apply for or obtain any other Utah general season buck deer permit, including general landowner buck deer permits, or respective preference points issued by the Division through the big game drawing, license agents, over-the-counter sales, or the internet during an enrollment period in the program.

([a]b) Any other Utah general season deer permit obtained is invalid and must be surrendered prior to the beginning season date for that permit.

(c) Refunds for surrendered permits are governed by [Section]Sections 23-19-[38.]38 and 38.2 and R657-42.

(2)(a) Participants may apply for or obtain a limited entry buck deer permit, including CWMU, limited entry landowner, conservation, expo, and poaching reported rewards permits.

([i]b) A limited entry buck deer permit may be obtained without completion of the annual program requirements[,] but does not exempt the participant from fulfilling the minimum requirements of the [entire ]enrollment.

[(ii) A person who is enrolled in the program and obtains a limited entry buck deer permit through the Utah Big Game drawing or accepts a poaching reported reward limited entry deer permit, may request the Dedicated Hunter program enrollment period be extended one additional year. Any other method of obtaining a limited entry buck deer permit shall not extend the enrollment period, but shall take the place of one of the 3 enrollment years.

(iii) Harvest with a limited entry buck deer permit shall not be counted as a program harvest.]

([b]c) If the participant obtains a limited entry buck deer permit and has been issued a Dedicated Hunter permit, [that]either the limited entry buck deer permit or the Dedicated Hunter permit must be surrendered as permissible by R657-38-[11]12 and R657-42.

([i]d) A participant who obtains a limited entry buck deer permit may only use that permit in the prescribed area and season listed on the permit[. ], but Dedicated Hunter privileges are not extended to that permit.

([ii]e) A limited entry buck deer permit may not be obtained if the Dedicated Hunter permit has been [in possession of the participant during any open portion of]issued and the general buck deer season[.] has started.

(f) Harvest of a limited entry buck deer as permitted shall not be counted as a program harvest.

(3)(a) Participants may apply for or obtain antlerless deer permits as provided in Rule R657-5 and the guidebook of the Wildlife Board for taking big game.

(b) Except as provided in R657-38-[11(1),]11, harvest of an antlerless deer with an antlerless deer permit shall not be considered a program harvest.

 

R657-38-14. Certificate of Registration Surrender.

(1) A participant may [formally ]request [withdrawal]to withdraw from the Dedicated Hunter program by surrendering the Dedicated Hunter certificate of registration pursuant to R657-42, provided the participant [meets the surrender requirements and ]does not have [a]two program[record indicating two] harvests within the enrollment period.

[(a) A participant who has not possessed any permits in the program during any portion of the hunting seasons applicable to those permits , may surrender and have all requirements waived.

(b) A participant who has possessed only one permit in the program during any portion of the hunting seasons applicable to that permit and not credited with a program harvest on that permit, may surrender upon completing a minimum of 11 service hours;

(c) A participant who has possessed two permits in the program during any portion of the hunting seasons applicable to those permits and credited with no more than program harvest between the permits, may surrender upon completion of a minimum of 22 service hours.]

(2) A participant who has two program harvests during the program enrollment may not withdraw from the program and is required to complete the program minimum requirement of 32 service hours.

(3) The Division may reinstate preference point(s) for a participant successfully surrendering in the first year of the enrollment period, provided the [person did not possess a dedicated hunter permit during any portion of the hunting seasons applicable to the permit.

(3) "Possessed" means, for purposes of this section, that division records show a Dedicated Hunter permit was printed, mailed to or picked up by the participant, and not surrendered prior to the beginning of the general archery buck]surrender occurs prior to the start of the general deer season.

[(4)(a) Pursuant to 23-19-38, a participant who becomes ill or suffers an injury that precludes that person from using the permits or completing program requirements, may request withdrawal from the Dedicated Hunter program pursuant to R657-42 and upon furnishing verification of illness or injury from a physician.

(b) If the participant requesting withdrawal due to illness or injury has a program record indicating two harvests, the Division may waive the remaining service hours or authorize another person to fulfill the requirement in the participant's behalf.]

 

R657-38-15. Certificate of Registration Suspension.

(1) The Division may suspend a Dedicated Hunter certificate of registration pursuant to Section 23-19-9 and R657-26.

(2) A certificate of registration may also be suspended if the participant:

(a) fraudulently submits a time sheet for service hours; or

(b) fraudulently completes any of the program requirements; or

(c) is under a judicial or administrative order suspending any wildlife hunting or fishing privilege within Utah or elsewhere; or

(d) provides false information on the drawing application; or

(e) has violated the terms of any certificate of registration issued by the Division or an associated agreement.

(3) A Dedicated Hunter permit is invalid if a participant's certificate of registration is suspended.

(4) The program enrollment period shall not be extended in correlation with any suspension.

 

KEY: wildlife, hunting, recreation, wildlife conservation

Date of Enactment or Last Substantive Amendment: [ March 13, 2017]2019

Notice of Continuation: October 5, 2015

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

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