No. 39717 (Amendment): Rule R657-6. Taking Upland Game

(Amendment)

DAR File No.: 39717
Filed: 09/08/2015 01:44:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the upland game program as approved by the Wildlife Board.

Summary of the rule or change:

The proposed revisions: 1) no longer restrict the possession of firearms; 2) ensure the rule is consistent with other Utah firearm laws; and 3) restrict the discharge of firearms on specified wildlife management areas (WMAs) listed in the Guidebook for Taking Upland Game during open seasons or as authorized by Certificate of Registration or for lawful purposes of self-defense.

State statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This amendment ensures the rule is consistent with Utah firearm laws and it does not make any changes to the process or employee workload; therefore, the Division of Wildlife Resources (DWR) determines 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 existing budget.

local governments:

Since this amendment has minimal impact on individual hunters and no impact on the local governments, the division finds that this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

This amendment allows this rule to be consistent with other Utah firearm laws and therefore 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:

This amendment allows this rule to be consistent with other Utah firearm laws and therefore does not have the potential to generate a cost or savings impact to sportsmen or the other persons.

Compliance costs for affected persons:

DWR determines that this amendment 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:

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:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-6. Taking Upland Game.

R657-6-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19 and in accordance with 50 CFR 20, 2004 edition, which is incorporated by reference, the Wildlife Board has established this rule for taking upland game.

(2) Specific season dates, bag and possession limits, areas open, number of permits and other administrative details that may change annually are published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

 

R657-6-8. Use of Firearms, Crossbows and Archery Tackle on State Wildlife Management Areas.

(1) A person may not [possess]discharge a firearm, [a ]crossbow, or archery tackle[, except during the specified hunting seasons or as authorized by the Division on the following wildlife management areas:] on the Bear River Trenton Property Parcel, Browns Park, Bud Phelps, Huntington, James Walter Fitzgerald, Kevin Conway, Manti Meadows, Montes Creek, Nephi, Pahvant, Redmond Marsh, Roosevelt, Scott M. Matheson Wetland Preserve, Stewart Lake, Vernal, and Willard Bay[.]Wildlife Management areas during any time of year, except:

([2) The firearm restrictions set forth in this section do not apply to a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed firearm to hunt or take wildlife.]a) the use of authorized weapons as provided in Utah Admin. Code R657-6-6 during open hunting seasons for lawful hunting activities;

(b) as otherwise authorized by the Division in special use permit, certificate of registration, administrative rule, proclamation, or an order of the Wildlife Board; or

(c) for lawful purposes of self-defense.

 

R657-6-9. Use of Firearms, Crossbows, and Archery Tackle on State Waterfowl Management Areas.

(1) A person may not [possess]discharge a firearm, crossbow , or archery tackle[, except during the specified waterfowl hunting seasons or as authorized by the Division on the following waterfowl management areas:] on the Bicknell Bottoms, Blue Lake, [Browns]Brown's Park, Clear Lake, Desert Lake, Farmington Bay, Harold S. Crane, Howard Slough, Locomotive Springs, Mills Meadows, Ogden Bay, Powell Slough, Public Shooting Grounds, Salt Creek, Stewart Lake, Timpie Springs[,] and Topaz[.] Waterfowl Management areas during any time of the year, except:

[(2) During the waterfowl hunting seasons, a shotgun is the only firearm that may be held in possession.

(3) The firearm restrictions set forth in this section do not apply to a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed firearm to hunt or take wildlife.

] (a) the use of authorized weapons as provided in Utah Admin. Code R657-9-7 during open waterfowl hunting seasons for lawful hunting activities;

(b) as otherwise authorized by the Division in special use permit, certificate of registration, administrative rule, proclamation, or an order of the Wildlife Board; or

(c) for lawful purposes of self-defense.

 

KEY: wildlife, birds, rabbits, game laws

Date of Enactment or Last Substantive Change: [August 11, 2014]2015

Notice of Continuation: June 8, 2015

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19

 

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