No. 37979 (New Rule): Rule R657-66. Military Installation Permit Program

(New Rule)

DAR File No.: 37979
Filed: 09/10/2013 01:55:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this rule is to establish the protocol for entering into memorandum of understanding (MOU) with military installations units for the purpose of hunting big game. These agreements will open access to new hunting areas for qualified military personnel and the general public.

Summary of the rule or change:

This rule sets the criteria for which a MOU maybe entered into, as well as the number of hunting permits that will be made available to the general public through the division's annual bucks and bulls online draw process.

State statutory or constitutional authorization for this rule:

• Section 23-14-3
• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This new rule outlines the process and protocol for military installations to enter into a MOU with the division for the issuance of big game permits. The Division of Wildlife Resources (DWR) determines that these amendments will not create any 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 existing budget.

local governments:

This new rule sets criteria under which military installations can create and administer hunting opportunities on the installations. This filing will not create a direct cost or savings impact to the military installations that choose to participate in the program. Other local governments are not indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

Since this new rule sets the criteria to be followed when creating a MOU between the military installation wishing to participate and the division, DWR finds that this filing does not have the potential to create a direct cost or savings impact to small businesses.

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

Since this new rule sets the criteria to be followed when creating a MOU between the military installation wishing to participate and the division, DWR finds that this filing does not have the potential to create a direct cost or savings impact to other persons.

Compliance costs for affected persons:

DWR determines that this new rule will not create a cost or savings impact to individuals in Utah wishing to participate in hunting on military installations that have a MOU with the division.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to this rule will not create an impact on military installations wishing to enter into an MOU with DWR.

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:

10/31/2013

This rule may become effective on:

11/07/2013

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-66. Military Installation Permit Program.

R657-66-1. Purpose and Authority.

Under the authority of Sections 23-14-1, 23-14-3, 23-14-18, and 23-14-19, this rule establishes the standards and procedures for providing hunting opportunity on military installations to military installation personnel and to members of the public.

 

R657-66-2. Definitions.

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

(2) In addition:

(a) "Military Installation" means real property in excess of 10,000 contiguous acres that is:

(i) Owned and managed by a military branch of the Department of Defense, including the Utah National Guard;

(ii) Located within the State of Utah

(iii) Closed to the public for hunting access;

(iv) Has a clearly discernible and described property boundary; and (v) Supports a huntable population of wildlife.

(b) "Commander" means base commander of a Military Installation.

(c) "Military Installation Unit" or "MIU" means a contiguous area of land located on a Military Installation that is open to hunting because of the Installation's participation in the Military Installation Permit Program.

(d) "Permit voucher" means a document issued by the Division to the Commander which may be assigned to qualifying military installation personnel authorizing that individual to purchase a permit to hunt wildlife on the military installation.

 

R657-66-3. Creation of a Military Installation Unit.

(1) The Commander may request to create an MIU by submitting a written request to the Division.

(2) If the Division determines that the creation of an MIU will not endanger the wildlife resource and is otherwise in the best interest of the Division and its constituents, the Division and the Commander may enter into a cooperative agreement describing the procedures and restrictions for the creation of the MIU.

(3) The cooperative agreement shall define the following items:

(a) the boundaries of the MIU;

(b) the species which may be hunted;

(c) a description of how Division input and guidance will be used in establishing the requested number of MIU permits;

(d) the weapon types allowed;

(e) the season dates during which the MIU will be open to hunting;

(f) a description of eligibility requirements for military personnel to receive a permit voucher;

(g) the means by which the Commander will distribute permit vouchers;

(h) measures necessary to ensure security of the Military Installation during the hunt; and

(i) other measures necessary deemed appropriate by the Division and the Commander.

(4) An MIU may not be established without the guarantee of public hunting opportunity on the MIU.

(5) The Military Installation, Commander, and agents, employees, personnel and contractors of the same shall not profit off of the creation or operation of an MIU.

 

R657-66-4. Military Installation Permit Numbers, Permit Boundaries, Season Lengths, and Legal Weapons.

(1) The Commander shall submit requested permit allocations to the Wildlife Board by September 1 annually.

(2) The Wildlife Board shall have authority to approve, reduce, or deny the number of MIU permits available from the number requested by the Commander, consistent with the following:

(a) The number of permit vouchers available shall be based on the species population trend, size, and distribution to protect the long-term health of the population; and

(b) For each MIU having permit vouchers approved by the Wildlife Board, at least one (1) permit per approved species, or 20% of the total number of permits approved per species rounded up to the nearest whole number, whichever is greater, shall be made available to members of the general public via the Division's permit drawing.

(3) The boundaries of the MIU dictated in the cooperative agreement shall be clearly described and discernible on the ground of the military installation and shall be considered the general permit boundaries for hunting permits issued pursuant to this Rule.

(4) The season dates for hunting under a Military Installation Permit shall include a maximum of September 1 to October 31 annually.

(5) Season dates may be shortened and boundaries of the MIU may be modified by definition in the cooperative agreement or by written declaration of the Commander prior to issuance of a Military Installation Permit for the season date in question.

(6) The Commander may further restrict the weapon types allowed on the MIU from what is identified in the cooperative agreement prior to the distribution of the permit vouchers.

(7) All weapons allowed for a Military Installation hunt shall conform to the rules and regulations describing legal weapons used in the taking of protected wildlife.

(8) The Commander is responsible for communicating all modifications of season dates, MIU boundaries, and legal weapon choices to the Division and those participating in an MIU hunt.

 

R657-66-5. Distribution of Military Installation Permit Vouchers and Permits.

(1) The Division shall distribute permit vouchers approved by the Wildlife Board to the Commander, retaining the number of permits as defined in Utah Administrative Rule R657-66-4(2)(b) to distribute via the Division's annual permit drawing.

(2) The Commander shall assign permit vouchers received from the Division using the scheme described in the cooperative agreement outlining the creation of the MIU.

(3) The distribution scheme used by the Commander shall be fair and equitable and shall comply with state and federal laws.

(4) Neither the Commander nor the Military Installation may sell or receive compensation of any kind for a permit voucher or for allowing hunting access on the Military Installation under this Rule.

(5) MIU permits and permit vouchers may not be donated, auctioned, sold, traded, or otherwise transferred to third parties, except as provided for by state law, administrative rule, or proclamation of the Wildlife Board.

(6) An individual receiving a Military Installation Permit Voucher may redeem the voucher for a Military Installation Permit by:

(a) Paying the appropriate permit fee to the Division;

(b) Possessing a valid Utah hunting or combination license; and

(c) Being otherwise legally qualified to hunt in Utah.

(7) An individual may apply for a Military Installation Permit made available to the public by:

(a) Submitting an application in the permit drawing administered by the Division; and

(b) paying the associated application fee.

(8) An individual who successfully draws a Military Installation Permit in the permit drawing may redeem their permit by:

(a) Paying the appropriate permit fee to the Division;

(b) Possessing a valid Utah hunting or combination license; and

(c) Being otherwise legally qualified to hunt in Utah.

(9) As a condition of being issued an Military Installation Permit, the hunter recognizes the inherent risks associated with Military Installations, and agrees to comply with the terms and conditions established in the cooperative agreement, those issued by the Commander, and the laws and regulations pertaining to hunting in the state of Utah.

(10) Waiting periods and bonus points do not apply to military personnel participating in the distribution scheme administered by the Commander, nor are waiting periods incurred or existing points lost upon obtaining a permit.

(11) Waiting periods and bonus points apply to military personnel and members of the public who apply for a Military Installation Permit through the permit drawing.

(12) A member of the military who may otherwise qualify to receive a Military Installation Permit voucher may apply for a Military Installation Permit through the permit drawing, but becomes subject to the rules and regulations applicable to a member of the general public in the event that they successfully draw a permit.

(13) An individual who harvests an animal during a Military Installation hunt may not harvest another animal of the same species during that license year, except as described in the cooperative agreement establishing the MIU or as provided for by the Wildlife Board.

(14) Either the Division or the Commander can discontinue participation in the Military Installation Permit Program by providing prior written notice to the other party.

 

R657-66-6. Replacement Vouchers and Permits; Refunds.

(1) Military Installation Permits shall be considered limited entry permits for the purposes of variances, permit surrender, refunds, and accommodations for people with disabilities in the event that a designated recipient of a voucher or permit is unable to participate in the hunting activity.

(2) The Division may reissue an assigned permit voucher to the Commander for issuance to another qualifying person, provided:

(a) The original recipient surrenders to the Division the permit voucher and any corresponding hunting permit; and

(b) The surrender is made prior to the permit holder undertaking any hunting activity.

(3) The Division shall not be responsible for interference with the public's hunt on the MIU by members of the military or other third parties.

(4) In the event that the individual receiving a permit voucher and/or permit under this Rule cannot participate in the hunt due to military service obligations, that individual may pursue a refund for fees paid consistent with Utah Code Ann. Section 23-19-38.2.

 

R657-66-7. Administrative Access During Hunting Seasons; Collection of Harvest Data.

(1) Division law enforcement officers may access the military installation to regulate hunting related activities thereon.

(2) Those participating in the military installation permit program shall complete a harvest report within 30 days after the hunt ends.

(3) Harvest reporting is required even if an animal is not harvested.

KEY: wildlife, military installations

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and implemented or Interpreted Law: 23-14-1; 23-14-3; 23-14-18; 23-14-19

 

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