R657-33-26. Bear Pursuit

  (1)(a) Except as provided in rule R657-33-3(1)(b) and Subsection (2), bear may be pursued only by persons who have obtained a bear pursuit permit.

  (b) The bear pursuit permit does not allow a person to:

  (i) kill a bear; or

  (ii) pursue bear for compensation.

  (c) A person may pursue bear for compensation only as provided in Subsection (2).

  (d) To obtain a bear pursuit permit, a person must possess a Utah hunting or combination license.

  (2)(a) A person may pursue bear on public lands for compensation, provided the dog handler:

  (i) receives compensation from a client or customer to pursue bear;

  (ii) is a licensed hunting guide or outfitter under Title 58, Chapter 79 of the Utah Code and authorized to pursue bear;

  (iii) possesses on his or her person the Utah hunting guide or outfitter license;

  (iv) possesses on his or her person all permits and authorizations required by the applicable public lands managing authority to pursue bear for compensation; and

  (v) is accompanied by the client or customer at all times during pursuit.

  (b) A person may pursue bear on private lands for compensation, provided the dog handler:

  (i) receives compensation from a client or customer to pursue bear;

  (ii) is accompanied by the client or customer at all times during pursuit; and

  (iii) possesses on his or her person written permission from all private landowners on whose property pursuit takes place.

  (c) A person who is an employee or agent of the Division of Wildlife Services may pursue bear on public lands and private lands while acting within the scope of their employment.

  (3) A pursuit permit is not required to pursue bear under Subsection (2).

  (4)(a) A person pursuing bear for compensation under subsections (2)(a) and (2)(b) shall comply with all other requirements and restrictions in statute, rule and the guidebooks of the Wildlife Board regulating the pursuit and take of bear.

  (b) Any violation of, or failure to comply with the provisions of Title 23 of the Utah Code, this rule, or the guidebooks of the Wildlife Board may be grounds for suspension of the privilege to pursue bear for compensation under this subsection, as determined by a division hearing officer.

  (5) Except as provided in Subsection (6), a bear pursuit permit authorizes the holder to pursue bear with dogs on any unit open to pursuing bear during the seasons and under the conditions prescribed by the Wildlife Board in guidebook.

  (6) The Wildlife Board may establish or designate in guidebook restricted pursuit units as determined necessary or convenient to better manage wildlife resources, including to protect wildlife, curtail over-utilization of resources, reduce conflict with other recreational activities, reduce conflict with private and public land activities, and protect wildlife habitat.

  (a) Bear may not be pursued on a restricted pursuit unit unless the dog handler:

  (i) possesses a pursuit permit issued for the particular restricted pursuit unit;

  (ii) possesses or is accompanied by a person who possesses a limited entry or harvest objective bear permit allowing the use of dogs, and the pursuit occurs within the area and during the season established by the respective permit; or

  (iii) is engaged in pursuit for compensation as provided in Subsection (2), and pursuit occurs within the area and during the season established for the:

  (A) paying client's limited entry or harvest objective bear permit allowing the use of dogs; or

  (B) restricted pursuit unit.

  (b) A pursuit permit issued for a restricted pursuit unit authorizes the holder to pursue bear on:

  (i) the particular restricted pursuit unit for which the permit is issued; and

  (ii) any other bear pursuit unit not designated as a restricted pursuit unit.

  (c) Notwithstanding Subsection (6)(a)(i), when two or more dog owners are in the field pursuing bear together with a single pack of eight dogs or less on a restricted pursuit unit, only one must possess a restricted pursuit unit permit, provided the dog owners accompany the person possessing the restricted pursuit unit permit at all times.

  (i) A dog handler pursuing bear on a restricted pursuit unit may leave the pursuit permit holder to retrieve dogs that separate from the pack, provided the dog handler;

  (A) takes reasonable steps to keep the pack together before and during pursuit;

  (B) separates from the pursuit permit holder exclusively to retrieve stray dogs and does not attempt to actively pursue bear during the retrieval process; and

  (C) immediately releases any bear incidentally treed or held at bay by the stray dogs.

  (7) Pursuit permits may be obtained at division offices, through the Internet and at license agents.

  (a) The division may distribute pursuit permits for restricted pursuit units:

  (i) through its offices, license agents, or online resources on a first-come, first-served basis; or

  (ii) through a random drawing.

  (8) A person may not:

  (a) take or pursue a female bear with cubs;

  (b) repeatedly pursue, chase, tree, corner or hold at bay the same bear during the same day;

  (c) individually or in combination with another person, use more than eight dogs in the field to pursue a bear during the summer pursuit season as established by the Wildlife Board in guidebook; or

  (d) possess a firearm or any device that could be used to kill a bear while pursuing bear.

  (i) The weapon restrictions set forth in Subsection (d) 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 or attempting to utilize the concealed weapon to injure or kill bear.

  (9) If eligible, a person who has obtained a bear pursuit permit may also obtain a limited entry or harvest objective bear permit.

  (10) Season dates, closed areas and bear pursuit permit areas are published in the guidebook of the Wildlife Board for taking and pursuing bear.