No. 43420 (Amendment): Rule R657-13. Taking Fish and Crayfish

(Amendment)

DAR File No.: 43420
Filed: 11/30/2018 08:52:03 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) fish and crayfish management program.

Summary of the rule or change:

These rule revisions amend language concerning Flaming Gorge Reservoir (Gorge) and put rule language in line with the Memorandum of Understanding signed with the state of Wyoming.

Statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

DWR has determined that these amendments could create a loss in revenue for DWR. On average, since 2015, 440 reciprocal stamps have been sold to non-Wyoming nonresidents annually for the Gorge. Assuming that all of these reciprocal stamp purchasers simply stopped fishing the Gorge as a result of these changes, loss of these sales would equate to a $4,400 decline in revenue. However, if all purchasers of reciprocal stamps ended up purchasing a nonresident license instead, the net gain in revenue (i.e., the new revenue accrued by selling a nonresident license minus the revenue lost from the loss of reciprocal license sales) could result in anywhere from $6,151 to $28,557. The $6,151 figure assumes all sales would be for 3-day ($24) licenses and the $28,557 figure assumes all sales would be for 365-day ($75) nonresident licenses. The true outcome will, of course, lie somewhere in between the estimated net loss and net gains outlined above.

local governments:

These amendments are not expected to have any impact on local governments' revenues or expenditures because the permit fees no longer being collected for reciprocal permits are not local funds.

small businesses:

These amendments are not expected to have any impact on small businessesl revenues or expenditures because the permit fees being collected for additional non-resident permits do not directly affect small businesses.

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

These amendments add the requirement to purchase a non-resident license to fish on the Gorge from both Utah and Wyoming for those anglers who are not residents of either state. Each non-resident angler would incur the additional cost of two non-resident licenses to fish the entire reservoir. It is impossible to estimate how many non-resident anglers may be interested in fishing the entire reservoir each year.

Compliance costs for affected persons:

DWR has determined that these amendments could create a cost impact to non-resident individuals who participate in fishing at the Gorge and are not residents of either Wyoming or 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:

01/16/2019

This rule may become effective on:

01/23/2019

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

$6,151 -28,557

$6,151 -28,557

$6,151 -28,557

Total Fiscal Costs:

$6 , 151 - 28,557

$6 , 151 - 28,557

$6 , 151 - 28,557

Fiscal Benefits

State Government

$6,151 -28,557

$6,151 -28,557

$6,151 -28,557

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$61 , 51 - 28,557

$6 , 151 - 28,557

$6 , 151 - 28,557

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 fishing licenses. Any increase or decrease in license sales is not applicable to any private business large or small.

 

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

 

R657. Natural Resources, Wildlife Resources.

R657-13. Taking Fish and Crayfish.

R657-13-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19 of the Utah Code, the Wildlife Board has established this rule for taking fish and crayfish.

(2) Specific dates, areas, methods of take, requirements and other administrative details which may change annually and are pertinent are published in the proclamation of the Wildlife Board for taking fish and crayfish.

 

R657-13-5. Interstate Waters and Reciprocal Fishing Permits.

(1) When fishing interstate waters, an individual must:

(a) obtain the necessary fishing licenses and permits, as provided below; and

(b) comply with angling regulations applicable to the state where they are fishing.

(2) Bear Lake.

(a) A person possessing a valid Utah or Idaho fishing or combination license, whether resident or nonresident, may fish both the Utah and Idaho portions of the Lake in accordance with the angling regulations applicable to the state where they are fishing.

(b) Only one daily limit may be taken in a single day, even if licensed in both states.

(3) Lake Powell Reservoir.

(a) A person possessing a valid Utah or Arizona fishing or combination license, whether resident or nonresident, may fish both the Utah and Arizona portions of the Reservoir in accordance with the angling regulations applicable to the state where they are fishing.

(b) Only one daily limit may be taken in a single day, even if licensed in both states.

(4) Flaming Gorge Reservoir.

(a)(i) A Utah resident possessing a valid Utah fishing or combination license and a Wyoming reciprocal fishing permit for Flaming Gorge Reservoir may fish the Wyoming portions of the Reservoir as prescribed in Wyoming angling regulations.

([i]ii) Utah residents may obtain reciprocal fishing permits for Flaming Gorge Reservoir by contacting the Wyoming Game and Fish Department.

(b)(i) A [person]Wyoming resident possessing a [valid, resident or nonresident, Wyoming]valid Wyoming fishing or combination license and a Utah reciprocal fishing permit for Flaming Gorge Reservoir may fish the Utah portions of the Reservoir as prescribed in Utah angling regulations.

([i]ii) A Utah reciprocal fishing permit for Flaming Gorge Reservoir may be obtained through the division's web site, authorized license agents, or regional offices.

([ii]iii) The Utah reciprocal fishing permit must be:

(A) used in conjunction with a valid[, Resident or nonresident]resident Wyoming fishing or combination license; and

(B) signed by the holder as the holder's name appears on the Wyoming fishing or combination license.

([c]iv) A Utah reciprocal fishing permit is valid for 365 days from the date of purchase.

([d]c) Only one daily limit may be taken in a single day , even if licensed in both states.

 

KEY: fish, fishing, wildlife, wildlife law

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

Notice of Continuation: September 28, 2017

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-19-1; 23-22-3

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