No. 42147 (Amendment): Rule R657-23. Utah Hunter Education Program

(Amendment)

DAR File No.: 42147
Filed: 09/21/2017 10:16:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to: 1) clarify the process in rule for verifying hunter education and furharvester education course completions; and 2) add definitions for Division approved furharvester education courses and Division of Wildlife Resources (DWR) approved hunter education courses.

Summary of the rule or change:

This rule is being amended to clarify the process for verifying approved education courses for both hunter education and furharvester education programs in rule. The process has already been in practice.

Statutory or constitutional authorization for this rule:

• Section 23-19-12
• Section 23-19-11

Anticipated cost or savings to:

the state budget:

This rule is being amended to better align the rule with the current process of verifying hunter education and furharvester education courses. DWR has determined that this amendment does not create a cost or savings impact to the state budget or DWR's budget and can be implemented with the current budget and personnel.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

This rule is aligning DWR's current practice with rule on the verifying of hunter education and furharvester education courses. Therefore, this amendment does not impose any additional requirements on small businesses nor create a cost or savings impact to small businesses.

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

This rule is aligning the division�s current practice with rule on the verifying of hunter education and furharvester education courses. Therefore, this amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This rule is aligning DWR's current practice with rule on the verifying of hunter education and furharvester education courses. Therefore, DWR determines that 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:

After conducting a thorough analysis, it was determined that this proposed rule 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:

11/14/2017

This rule may become effective on:

11/21/2017

Authorized by:

Mike Fowlks, Deputy Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-23. Utah Hunter Education [Program]and Furharvester Education Programs.

R657-23-1. Purpose and Authority.

Under authority of [Section]Sections 23-19-11, 23-10-11.1, 23-19-11.5, 23-19-12, and 23-19-12.5 this rule provides the [process]criteria and [requirements]standards for:

(1) hunter education student and instructor training;

(2) recognizing other jurisdiction's hunter education courses as approved

courses in Utah;

([1) hunter education instructor and student training; and

(2) presenting and obtaining proof of having successfully completed

] 3) verifying an individual's completion of an approved hunter education course; and

(4) furharvester education student training.

R657-23-2. Definitions.

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

(2) In addition:

(a) "[Approved hunter education course" means any hunter education course that qualifies a person to receive a resident hunting license in the state, province, or country in which the hunter education course is offered.]Blue Card" means the certificate of completion issued by the division for having passed a division-approved hunter education course.

(b[) "Authorized division representative" means a volunteer hunter education instructor who has been approved by the division to issue duplicate blue cards.

(c) "Blue Card" means the certificate of completion issued by the division for having passed a Utah hunter education course or an approved hunter education course.

(d]) "Certificate of completion" means a card, certificate, or other document issued by the wildlife agency of a state, province, or country[, and signed by a hunter education instructor,] verifying successful completion of an approved hunter education or furharvester education course in that jurisdiction.

(c) "Division-approved furharvester education course" means any furharvester education course that:

(i) is offered through the division as an online education course, followed by successful completion of a mandatory field day exercise;

(ii) is offered through the division as an instructor-led education course; or

(iv) is offered by another state or country and completion of the course qualifies a person to receive a resident furbearer license or its equivalent in the state, province, or country in which the furharvester education course is offered.

(d) "Division-approved hunter education course" means any hunter education course that:

(i) is offered through the division as an online hunter education course, followed by successful completion of a mandatory field day exercise;

(ii) is offered through the division as an instructor-led hunter education course;

(iii) is offered by another state or country and meets International Hunter Education Association -- USA minimum standards; or

(iv) is offered by another state or country and completion of the course qualifies a person to receive a resident hunting license in the state, province, or country in which the hunter education course is offered.

(e) "[Hunter ]Education Registration Certificate" means a document purchased from the division that is valid for 365 days from date of purchase which is required to sign up for and graduate from [the]a hunter education or furharvester education course.[This document becomes a valid hunting license upon validation of course completion by a certified hunter education instructor.]

(f) "Field day" means an instructor-[lead]led practical exercise [which may include instruction in and student demonstration in the safe use of firearms, hunter responsibility, a written exam, and a live fire exercise ]with a certified hunter education or furharvester education instructor as prescribed by this rule and the Utah Hunter Education Program administration.

(g) "Trainer" means [a volunteer hunter education instructor or Division employee who has been]an individual or entity certified by the division to train hunter education instructors and furharvester education instructors.

(h) "Instructor" means a volunteer [hunter education ]instructor or division employee who has been approved by the division to teach the hunter education program or furharvester education program to students.

(i[) "Online hunter education course" means a Division-approved hunter education course that is completed online prior to attending a field day.

(j]) "Student" means a person who is registered in a hunter education or furharvester education course being taught by a certified [hunter education ]instructor.[

(k) "Instructor-lead hunter education course" means a hunter education course that meets the International Hunter Education Association -- USA minimum standards for hunter education and that is lead by an instructor and includes, a written exam and a live fire exercise.]

R657-23-3. Hunter Education Required.

(1)(a) To obtain a hunting license, any person born after December 31, 1965, must present proof of [having passed]successfully completing a division -approved hunter education course.

(b) A person may take a hunter education course offered by the division as provided in Subsection (2), or (3).

(2) Completion of [a]an instructor-[lead]led hunter education course requires students to:

(a) purchase a hunter education registration certificate from a Division authorized licensed vendor[.];

(b) attend the instructor-[lead]led course;

(c) behave in a safe and responsible manner in class;

(d) obtain a passing score of at least 75% on a written exam; and

(e) participate in a live fire exercise demonstrating safe firearms handling.

(3) Completion of the online hunter education course requires students to:

(a) purchase a hunter education registration certificate from a Division authorized licensed vendor.

(b) pre-register for the field day[by contacting the instructor by mail, e-mail or telephone];

(c ) successfully complete [a division-approved]the online hunter education course and provide documentation of completion to the hunter education instructor prior to participating in a field day;

(d) participate in a field day;

(e) behave in a safe and responsible manner while attending the field day;

([e]f) obtain a passing score of at least 75% on a written exam; and

([f]g) participate in a live fire exercise demonstrating safe firearms handling.

(4[)(a]) The division will issue a Blue Card to each individual who successfully completes [the]a division-approved hunter education course.

(5) The Hunter Education Registration Certificate becomes a valid hunting license upon validation of course completion by a certified hunter education instructor.

(6) A member of the United States Armed Forces on active duty, reserve duty, or having veteran status, or a member of the Utah National Guard is exempt from the live fire exercise required in Subsections 2 and 3 above if they can provide their active or reserve status Military identification card or valid documentation of veteran status to the hunter education instructor prior to the live fire exercise.

([6]7) The division shall accept other states, provinces, and countries criteria and qualifications for their respective courses , which :

(a) meet or exceed the International Hunter Education Association-USA hunter education standards ; or

(b) completion of the course qualifies a person to receive a resident hunting license in the state, province, or country in which the hunter education course is offered.

R657-23-4. [Documents Accepted as Proof of]Verifying Completion of [a]an Approved Hunter Education Course.

(1) [The division and division approved license agents shall accept proof of completion of an approved hunter education course from other states, provinces, and countries whole criteria and qualifications for their respective courses, meet or exceed the International Hunter Education Association-USA hunter education standards in accordance with Section 23-19-11.]At the time of applying for a license or permit, the applicant shall:

(a) have a valid hunter education number recorded on the division's customer database;

(b) provide the division with a Certificate of Completion indicating the hunter education number and state or country of issuance; or

(c) certify via a sworn statement that the applicant has completed a division-approved hunter education course.

(2)[(a) Any person who has completed an ] The division may research an individual's hunter education records in order to verify completion of a division-]approved hunter education course[in another state, province, or country and becomes a Utah resident must obtain a transfer Blue Card prior to purchasing a resident hunting license].

[(b) The person must present proof of completion of an approved hunter education course to a division office as required under Subsection (1).

(3)(a) If an applicant for a nonresident hunting license is not able to present a hunting license with the hunter education number noted on it or a certificate of completion as provided in Subsection (1), the division may contact another state, province, or country to verify the completion of a hunter education course so that a nonresident hunting license may be issued.

(4)(a) If an applicant for a resident or nonresident hunting license has completed a hunter education course in Utah but is not able to present a hunting license with the hunter education number noted on it, the division may research the division's](3) The division may require those individuals satisfying the hunter education [records to verify that the applicant has completed the]requirement by completing the sworn statement to obtain a Blue Card after verification that they have completed a division-approved]hunter education course.

[(b) Upon issuance of the hunting license, the division shall indicate the applicant's hunter education number on the face of the hunting license.]

([5]4)(a) If a Blue Card is lost or destroyed, a person may apply by mail or in person at a division office to obtain a duplicate Blue Card. The person must complete an affidavit and request a [record's]records search.

(b) Upon verification of completion of the hunter education course, the division may issue the person a duplicate Blue Card.

([6) The division requires any person whose records cannot be found or who cannot be verified as having completed a hunter education course to take the complete course as required under Section R657-23-3.

(7)](5) For the purpose of issuing a hunting license, the division may, upon request, provide verification to another state's wildlife agency that a resident or former resident of Utah has met the Utah hunter education requirements.

([8]6) The division may charge a fee for the services provided in Subsections (2), (3), [(4), ]and ([5]4).

(7)(a) A license or permit that is obtained by an individual who is unable to verify completion of a division-approved hunter education course is invalid.

(b) Any person whose records cannot be found or who cannot be verified as having completed a hunter education course must take a division-approved hunter education course in order to obtain a hunting license or permit.

R657-23-5. Hunter Education Instructor Training.

(1) A person must be 21 years of age or older to become a certified hunter education instructor.

(2) Completion of a hunter education instructor course requires a person to:

(a) Complete the Division's instructor training course.

(b) Pass a criminal background check assessing suitability to work with children

under the age of 18 years and to serve as an instructor;

(c) Attend a training course conducted by a trainer;

(d) Obtain a passing score of at least 75% on a written exam; and

(e) Participate in a live fire exercise or a range safety training course.

(3) The division shall issue a hunter education instructor card to each individual who successfully completes the hunter education instructor course.

R657-23-6. Furharvester Education.

(1)(a) To obtain a resident furbearer license, any person born after December 31, 1984, must present proof of successfully completing a division-approved furharvester education course.

(b) A person may take a furharvester education course offered by the division as provided in Subsection (3), or (4).

(2) At the time of applying for a furbearer license or permit, the applicant shall:

(a) have a valid furharvester education number recorded on the division's customer database;

(b) provide the division with a Certificate of Completion indicating the furharvester education number and state or country of issuance; or

(c) certify via a sworn statement that the applicant has completed a division-approved furharvester education course.

(3) Completion of an instructor-led furharvester education course requires students to:

(a) purchase a furharvester education registration certificate from a Division authorized licensed vendor;

(b) attend the instructor-led course;

(c) behave in a safe and responsible manner in class;

(d) obtain a passing score of at least 75% on a written exam; and

(e) participate in a furharvester field day.

(4) Completion of the online furharvester education course requires students to:

(a) purchase a furharvester education registration certificate from a Division authorized licensed vendor;

(b) pre-register for the field day;

(c) successfully complete the online furharvester education course and provide documentation of completion to the furharvester education instructor prior to participating in a field day;

(d) participate in a furharvester field day;

(e) behave in a safe and responsible manner while attending the field day; and

(f) obtain a passing score of at least 75% on a written exam.

(5) The division will issue a certificate of completion each individual who successfully completes a division-approved furharvester education course.

KEY: wildlife, game laws, hunter education

Date of Enactment or Last Substantive Amendment: [July 11, 2016]2017

Notice of Continuation: December 5, 2012

Authorizing, and Implemented or Interpreted Law: 23-19-11

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