No. 35209 (Amendment): Rule R657-17. Lifetime Hunting and Fishing License

(Amendment)

DAR File No.: 35209
Filed: 09/01/2011 10:29:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Wildlife Board meetings conducted for taking public input and reviewing the division's big game program, which directly affects the Lifetime Hunting and Fishing License program.

Summary of the rule or change:

The proposed revisions to the above listed rule: 1) change "region" to "unit" for clarification purposes; 2) remove "proclamation" and replaces it with "guidebook"; 3) require current Lifetime License holders to initially select a general season hunting unit during the Big Game application period; and 4) make technical corrections for consistency and accuracy.

State statutory or constitutional authorization for this rule:

• Section 23-19-17.5

Anticipated cost or savings to:

the state budget:

The reason for this rule amendment is to maintain consistency with all division application processes and changes wording to be consistent with other rules, so the amendment does not create a cost or savings impact to the state budget or the Division of Wildlife Resources' (DWR) budget. Although there may be some additional programming costs the amendments will not create any cost or savings impact to the state budget or DWR's budget. Any additional work will be carried out with existing budget.

local governments:

Since this amendment simply addresses a change in the process by which a lifetime license holder chooses their region, 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:

Since Lifetime Licenses are no longer available for purchase, DWR determines that this amendment does not create a cost or savings impact to small businesses.

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

Since Lifetime Licenses are no longer available for purchase, DWR determines that this amendment does not create a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment removes obsolete language relating to the application and questionnaire process for a lifetime license holder and enables the division to use electronic forms of communication. DWR determines that there are no additional compliance costs for affected persons associated with this amendment.

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:

10/17/2011

This rule may become effective on:

10/24/2011

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-17. Lifetime Hunting and Fishing License.

R657-17-1. Purpose and Authority.

(1) Under authority of Section 23-19-17.5, this rule provides the requirements and procedures applicable to lifetime hunting and fishing licenses.

(2) In addition to the provisions of this rule, a lifetime licensee is subject to:

(a) the provisions set forth in Title 23, Wildlife Resources Code of Utah; and

(b) the rules and proclamations of the Wildlife Board, including all requirements for hunting permits and fishing licenses.

(3) Unless specifically stated otherwise, lifetime licensees shall be subject to any amendment to this rule or any amendment to Section 23-19-17.5.

 

R657-17-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2 and Rule R657-5.

(2) In addition:

(a) "Lifetime Questionnaire" means a list of questions, accessible by a lifetime licensee at the division's website, used to identify the lifetime licensee's preferred choice of a general season deer permit [region]unit and hunt type.

(b) "Recent Lifetime Licensee Record" means the most recent general deer permit issued within the immediately preceding 3 years.

(c) "Application Deadline" means the close of the annual Big Game application period, as established [by]in the guidebook of the Wildlife Board [in the Big Game Guidebook]for taking big game.

 

R657-17-3. Lifetime License Entitlement.

(1)(a) A permanent lifetime license card shall be issued to lifetime licensees in lieu of an annual hunting, and fishing license.

(b) The issuance of a permanent lifetime license card does not authorize a lifetime licensee to all hunting privileges. The lifetime licensee is subject to the requirements in Subsection R657-17-1(2).

(2)(a) Each year, a lifetime licensee who is eligible to hunt big game may receive without charge, a permit for the [region]unit of their choice for one of the following general deer hunts:

(i) archery buck deer;

(ii) any weapon buck deer; or

(iii) muzzleloader buck deer.

(b) Effective January 1, 2012 all lifetime license holders must initially select a general season hunting unit during the Big Game application period as established in the guidebook of the Wildlife Board for taking big game.

(3) Sales of lifetime hunting and fishing licenses may not be refunded, except as provided in Section 23-19-38.

(4) Lifetime hunting and fishing licenses are not transferable.

(5) Lifetime hunting and fishing licenses are no longer for sale as of March 1, 1994.

(6)(a) Lifetime license holders may participate in the Dedicated Hunter Program.

(b) Upon entering the Dedicated Hunter Program, the lifetime license holder agrees to forego any rights to receive a buck deer permit for the general archery, general any weapon or general muzzleloader deer hunts as provided in Section 23-19-17.5 during enrollment in the Dedicated Hunter Program.

 

R657-17-4. General Deer Permits.

(1) The [d]Division will issue a general buck deer permit to each lifetime licensee prior to the big game general hunting season, provided:

(a) a current Lifetime Questionnaire has been completed prior to the application deadline, identifying the lifetime licensee's general season [region]unit and hunt type choice, or according to the recent lifetime licensee record; and

(b) provided the lifetime licensee does not apply for a general deer permit in the big game drawing.

(2) A lifetime licensee may change their previous year's [region]unit choice, prior to the application deadline by completing the online Lifetime Questionnaire through the division's website.

(3) Lifetime licensees must notify the division of any change in mailing address, email address, residency, address, telephone number, physical description, or driver's license number.

(4) If a general buck deer permit is not issued to a lifetime licensee during the preceding 3 years, the lifetime licensee must complete and submit the Lifetime Questionnaire on the division's website prior to the application deadline.

(i) Effective January 1, 2012 all lifetime license holders must initially select a general season hunting unit during the Big Game application period as established in the guidebook of the Wildlife Board for taking big game.

(5) If a lifetime licensee fails to submit a current year Lifetime Questionnaire and does not have a recent lifetime licensee record by the application deadline, the lifetime licensee may only obtain a remaining general deer permit when remaining drawing permits are made available to the public over-the-counter. If no general deer permits are remaining after the drawing, the lifetime licensee shall not be issued a permit.

(6)(a) Lifetime licensees may apply for any general deer permit in the big game drawing.

(b) Drawing applications are subject to the established application fee.

(c) A lifetime licensee that applies for a general deer permit in the drawing waives the opportunity to be issued a general deer permit according to the recent lifetime licensee record or the current Lifetime Questionnaire excluding applications for dedicated hunter deer permits. Lifetime licensees may apply for dedicated hunter deer permits pursuant to R657-17-5(5).

(7) Lifetime licensees may apply for general deer preference points through the big game general buck deer drawing as provided in Rule R657-62 and the guidebooks of the Wildlife Board for taking big game, provided the lifetime licensee waives their opportunity to be issued a general buck deer permit that year according to the recent lifetime licensee record or the current Lifetime Questionnaire.

 

R657-17-5. Applying for Big Game Permits.

(1) A lifetime licensee may apply for a limited entry permit offered through the big game drawing using a bucks, bulls and once-in-a-lifetime application.

(2) Limited entry permit species and application procedures are provided in Rule R657-62 and the [proclamation]guidebook of the Wildlife Board for taking big game.

(3)(a) If the lifetime licensee applies for and is successful in obtaining a premium limited entry, limited entry, or cooperative wildlife management unit buck deer permit in the big game drawing, a general deer permit will not be issued.

(b) If the lifetime licensee does not draw a premium limited entry, limited entry, or cooperative wildlife management unit buck deer permit in the big game drawing, the general deer permit requested on the Lifetime Questionnaire or the recent lifetime licensee record shall be issued.

(4) Applying for or obtaining an antlerless deer, antlerless elk, or doe pronghorn permit does not affect eligibility for obtaining a general buck deer permit.

(5)(a) A lifetime licensee may apply for a dedicated hunter deer permit through the big game drawing.

(b) If the lifetime licensee applies for and is successful in obtaining a dedicated hunter deer permit in the big game drawing, a general deer permit will not be issued.

(c) If the lifetime licensee does not draw a dedicated hunter deer permit in the big game drawing, the general deer permit requested on the Lifetime Questionnaire or the recent lifetime licensee record shall be issued.

([5]6) All rules established by the Wildlife Board regarding the availability of big game permits in relation to obtaining general deer permits shall apply to lifetime licensees.

 

R657-17-6. Hunter Education Requirements -- Minimum Age for Hunting.

(1) The division shall issue a lifetime licensee only those licenses, permits, and tags for which that person qualifies according to the hunter education requirements, age restrictions specified in this Section and Title 23, Wildlife Resources Code of Utah, and suspension orders of a division hearing officer.

(2)(a) Lifetime licensees born after December 31, 1965, must be certified under Section 23-19-11 to engage in hunting.

(b) Proof of hunter education must be provided to the division by the lifetime licensee.

(3) Age requirements to engage in hunting are as follows:

(a) A lifetime licensee must have completed a valid [hunters]hunter education course to hunt.

(b) A lifetime licensee must be 12 years of age or older to hunt big game.

 

KEY: wildlife, game laws, hunting and fishing licenses

Date of Enactment or Last Substantive Change: [August 9, 2010]2011

Notice of Continuation: November 1, 2010

Authorizing, and Implemented or Interpreted Law: 23-19-17.5; 23-19-40; 23-19-11

 

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