No. 39434 (Amendment): Rule R657-65. Urban Deer Control

(Amendment)

DAR File No.: 39434
Filed: 06/11/2015 08:27:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish an urban deer removal program that enables cities to design and administer a control plan for the lethal and non-lethal removal of resident deer damaging private property or threatening public safety within the city.

Summary of the rule or change:

This rule sets the criteria for which a city can design and administer a control plan for the removal of deer that are damaging private property or threatening public safety within that city. This amendment also ends the trial period for Bountiful City and Highland City and opens the program to any city in the state with at least 1,000 people and an established herd of resident deer.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

This rule amendment outlines the criteria for cities to establish and administer control plans for the removal of deer. The Division of Wildlife Resources (DWR) determines that theses 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 rule amendment sets criteria under which cities can create and administer control plans. The rule allows for the cities to collect a fee of $50 or less from a person or entity it authorizes to remove deer to help off set the costs to administer the program and process the meat; this filing may create a direct cost or savings impact to city local governments since they are directly affected by the rule.

small businesses:

Since this rule amendment opens the program to all cities and sets the criteria to be followed when creating and administering control plans and allows for the collection of $50 or less for the removal of deer damaging private property or threatening public safety, this filing has the potential to create a direct cost or savings impact to small businesses, specifically those requesting the removal of deer.

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

Since this rule amendment opens the program to all cities and sets the criteria to be followed when creating and administering control plans and allows for the collection of $50 or less for the removal of deer damaging private property or threatening public safety, this filing has the potential to create a direct cost or savings impact to other persons, specifically those requesting the removal of deer.

Compliance costs for affected persons:

DWR determines that this rule may create a cost or savings impact to individuals in Utah wishing to have deer removed from damaging their public property.

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

The amendments to this rule may create an impact on businesses in cities that require the removal of deer.

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:

07/31/2015

This rule may become effective on:

08/07/2015

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-65. Urban Deer Control.

R657-65-1. Authority and Purpose.

(1) This rule is promulgated under authority of Sections 23-14-3, 23-14-18, and 23-14-19.

(2) The purpose of this rule is to [establish and evaluate a two year pilot program with Bountiful City, Utah and Highland City, Utah that enables each]enable a city to design and administer a control plan for the lethal [and]or non-lethal removal of resident deer damaging private property or threatening public safety within the [municipality.]city.

 

R657-65-2. Definitions.

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

(2) In addition:

(a) "Deer" means wild [mule ]deer (Odocoileus hemionus or Odocoileus virginianus) living in nature and does not include privately owned, captive deer.

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

[(c) "Municipality" means Bountiful City in Davis County, Utah and Highland City in Utah County, Utah.](c) "City" m ea ns an incorporated municipality with greater than 1,000 residents.

(d) "Resident deer" means a deer that lives within city boundaries year-around.

[(d](e) "Urban deer control plan" means a document designed, created, and administered by [an authorized municipality]a city that establishes the protocols and methodologies it will pursue to control and mitigate private property damage or public safety threats caused by [mule ]deer within its incorporated boundaries.

 

R657-65-3. Authorization to Create and Administer an Urban Deer Control Plan.

(1) A [municipality]city with a resident [mule ]deer population that is significantly damaging private property or threatening public safety within its boundaries may request the Division for a certificate of registration ("COR") to design, create, and administer an urban deer control plan.

(2) The Division may issue an urban deer control plan COR to a [municipality]city, provided:

(a) the application is filed by a [municipality]city;

(b) resident [mule ]deer are collectively causing significant damage to private property or threatening public safety within the [municipality]city's incorporated boundaries;

(c) it has enacted an ordinance prohibiting the feeding of deer, elk, and moose;

(d) it has general liability insurance in the amount of $1,000,000.00 or more that covers liability claims that may arise from designing, creating, and administering an urban deer control plan;[ and]

(e) it agrees, without waiving immunity or any other limitation or provision in the Utah Governmental Immunity Act, Utah Code Sections 63G-7-101 through 63G-7-904, to hold harmless and indemnify the Division against any claims or damages arising from its deer removal activities undertaken pursuant to the urban deer control plan COR, except for any allocated share of fault and damages attributable to the Division's actual involvement in deer removal activities on the ground: and

(f) it submits with its application the estimated population of resident deer in the city and the final target population number it seeks to achieve through deer removal.

 

R657-65-4. COR Authorities and Limitations.

(1) An urban deer control plan COR issued to a [municipality authorizes]city will:

(a) specify for each year of the COR term:

(i) the seasonal time period when deer may be removed;

(ii) the total number of deer that may be removed; and

(iii) the number of deer by gender that may be removed: and

(b) authorize it to design, create, and administer an urban deer control plan consistent with the season and number limitations imposed in the COR and the following authorities and limitations.

(2) The COR authorizes the [municipality]city to:

(a) prescribe and employ lethal [and non-lethal ]methods of take to control deer, provided the methods are otherwise in compliance with state and federal law;

(b) utilize baiting to facilitate safe and effective deer removal activities;

(c) select and supervise individuals to perform specified deer removal activities, provided the [municipality]city:

(i) issues to each individual authorized to remove deer a written authorization and tag that:

(A) is on a form prescribed by the Division;

(B) is signed by the city manager and recipient;

(C) identifies the recipient's name, address, date of birth, gender, height, weight, and eye color;

(D) describes the locations, time periods, methods of take, and related activities authorized by the [municipality]city; and

(E) includes a detachable tag consistent with the requirements in Section 23-20-30;

(d) allow a single individual to take more than one deer;[ and]

(e) permit spotlighting to facilitate non-lethal deer removal or carcass recovery efforts[.]; and

(f) remove deer consistent with the annual buck and doe take prescriptions and season limitations set forth in the COR.

(3) The [municipality]city will:

(a) require individuals authorized to lethally remove deer to:

(i) tag the carcass consistent with Section 23-20-30; and

(ii) comply [will]with all federal, state, and local laws pertaining to the possession, use, and discharge of a dangerous weapon; and

(b) take measures to ensure that:

(i) deer carcasses are salvaged consistent with Section 23-20-8 (Waste of Wildlife) and disposed of as provided by law;

(ii) viscera is removed from the kill site and disposed of as provided by law;[and]

(iii) antlers of lethally removed deer are promptly surrendered to the Division and not retained by the [municipality]city or the person that takes the animal: and

(iv) submit an annual report to the Division by March 1 on lethal removal activities, including the following information for each permit issued:

(A) name of shooter/permit holder;

(B) sex of the animal;

(C) date of harvest; and

(D) disposition of carcass, ie, retained by hunter, donated, etc.

(4) The [municipality]city will not:

(a )(i) capture a deer for release outside municipal boundaries without a written capture and relocation plan prepared in coordination with and approved by the Division;

(ii) capture or relocate a deer in violation of the approved capture and relocation plan; or

(iii) allow an employee, officer, agent, licensee, or contractor who has not been certified and approved according to the written capture and relocation plan to capture or release a deer.

(b) sell or barter a deer carcass or otherwise use it for pecuniary gain without prior written approval from the Division;

(c) collect a fee or compensation from a person or entity it authorizes to remove deer from its incorporated boundaries, unless the fee or compensation is:

(i) $50 or less;

(ii) used exclusively to recoup the actual costs incurred by the [municipality]city in:

(A) selecting and qualifying the person; or

(B) butchering and processing lethally removed deer for donation; and

(iii) approved by the Division in writing;

(d) undertake or authorize deer removal activities outside:

(i) incorporated [municipal]city boundaries or any unincorporated areas approved by the Division and the county; or

(ii) the [general]the season time frame [imposed by]prescribed in the [Division]COR;

(e) remove more deer, collectively or by gender, than authorized [by Division]in the COR; or

(f) authorize the discharge of firearms or archery equipment for deer removal:

(i) between one half hour after official sunset and one half hour before official sunrise; or

(ii) in violation of federal, state, or local laws.

 

R657-65-5. Urban Deer Control Plan.

(1) Upon receipt of an urban deer control plan COR, the [municipality]city must prepare an urban deer control plan consistent with this Subsection and the COR prior to undertaking any deer removal activities.

(2) The urban deer control plan will address and prescribe, at a minimum, the:

(a) lethal [and non-lethal ]methods of take that may be used to remove deer and

the conditions under which each may be employed;

(b) conditions and restrictions under which baiting and spotlighting may be used to facilitate deer removal;

(c) persons eligible to perform deer removal activities and the requirements imposed on them;

(d) locations and time periods where specified types of deer removal activities may be employed or authorized;

(e) requirements for tagging deer carcasses;

(f) protocols for carcass removal and disposal;

(g) procedures for promptly returning to the Division all antlers of lethally removed deer;[and]

(h) procedures for obtaining Division input and approval on live capture and relocation projects ; and

(i) the estimated population of resident deer in the city and the final target population number the city seeks to achieve through deer removal.

(3) All aspects of the plan must be consistent with the authorizations and limitations imposed in this rule and the COR.

(4) If the city desires to capture and relocate resident deer, it must petition the Division to include a capture and relocation component in its urban deer control plan.

(a) The Division shall have sole discretion to authorize or prohibit capture and relocation as part of an urban deer control plan.

([4]5)(a) The[municipality] city will solicit and consider input in the formulation and development of the urban deer control plan from:

(i) the Division;

(ii) the public;

(iii) interested businesses and organizations; and

(iv) local, state, and federal governments.

(b) The Division may provide technical assistance to the [municipality]city in preparing the urban deer control plan.

(c) After formulating a draft plan, the [municipality]city will hold a public meeting to take and consider input on the draft before finalizing or implementing it.

([5]6) The [municipality]city will assume full responsibility for:

(a) all costs associated with designing, establishing, implementing, and operating the urban deer control plan and all its associated activities; and

(b) for the acts and omissions of its officers, employees, agents, contractors, and licensees in designing, preparing, and implementing its urban deer control plan and undertaking the activities authorized thereunder.

 

R657-65-6. COR Term[ and], Termination, Renewal, and Amendment.

(1) An urban deer control plan COR issued under this rule will remain valid for [two]three years from the date of issuance[or until August 31, 2015, whichever is less].

[(2)(a) A municipality may]( 2 )( a ) The Division and the city shall each have the right to unilaterally [withdraw]terminate an urban deer control plan[and terminate the] COR with or without cause upon [30]7 days advance written notice to the [Division.]other.

(b) Upon termination or expiration of the COR, the [municipality]city and its officers, employees, agents, contractors, and licensees must cease all deer removal activities formally authorized by the COR.

(3) Upon application by a city, the Division may renew an urban deer control plan COR for an additional three year term, provided:

(a) the city complies with the conditions in R657-65-3(2); and

(b) the application for renewal is presented at a public meeting for comment and approved by the city council.

(4) A urban deer control plan may be amended upon mutual written agreement of the city and Division, provided the amendment is consistent with the authorizations and limitations in this rule.

 

R657-65-7. Violations.

Pursuant to Section 23-19-9, the [division]Division may suspend, restrict, or deny an urban deer control plan COR for any intentional, knowing, or reckless violation of the Wildlife Code, this rule, or the terms of the COR.

 

[R657-65-8. Sunset.

This rule sunsets on August 31, 2015 and all COR's and other authorizations issued hereunder will terminate by operation of law and cease having further legal effect.

 

]KEY: wildlife, certificate of registration

Date of Enactment or Last Substantive Amendment: [August 8, 2013]2015

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

 

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