R657-37-6. Renewal of a Certificate of Registration

  (1)(a) At the end of a certificate of registration term, the certificate of registration may be renewed, consistent with this section.

  (b) A certificate of registration terminated pursuant to R657-37-5.5 or R657-37-14 is not eligible for renewal, but may reapply consistent with R657-37-5.

  (2) An application for renewal of a certificate of registration must be completed and returned to the regional division office where the CWMU is established no later than August 1 of the year preceding the expiration of the certificate of registration term.

  (3)(a) The renewal application must identify all changes from the previous certificate of registration and CWMU Management Plan.

  (b) A CWMU renewal application that, due to its acreage totals or parcel configuration would otherwise require variance approval, may proceed without completing the variance process, provided:

  (i) the CWMU legally possessed a CWMU certificate of registration during the previous year that allowed for corner-to-corner land parcels or noncontiguous land parcels;

  (ii) the CWMU's renewal application does not add additional corner-to-corner or noncontiguous parcels from the previously approved CWMU certificate of registration; and

  (iii) the CWMU renewal application at a minimum maintains the equivalent acreage totals and configuration from its previously approved certificate of registration.

  (c) A CWMU renewal application that includes a request for modified season dates is not required to obtain an additional variance upon renewal if those dates are identical to what was previously approved in their current certificate of registration.

  (4) The renewal application must be accompanied by:

  (a) the CWMU Management Plan as described in Section R657-37-4(3); and

  (b) all maps as described in Section R657-37-4(3) if the CWMU boundaries have changed; and

  (c)(i) a petition containing the signature and acreage of each participating landowner agreeing to establish and operate the CWMU as provided in this rule and Title 23, Chapter 23 of the Wildlife Resources Code; or

  (ii) a copy of a legal contract or agreement identifying:

  (A) the private land;

  (B) the duration of the contract or agreement; and

  (C) the names and signatures of landowners conveying the hunting rights to the CWMU agent or landowner association operator;

  (d) a signed waiver from each landowner or lessee holding agricultural interests within the boundaries of the proposed CWMU releasing all claims for any assistance pertaining to those lands that may otherwise be available from the division under R657-44 during the term of the certificate of registration;

  (e) the name of the designated landowner association operator; and

  (f) the nonrefundable handling fee.

  (6) The division may reject any application that is incomplete or completed incorrectly.

  (7) The division shall consider:

  (a) the contents of the renewal application;

  (b) the past performance by a CWMU in fulfilling management responsibilities identified in the CWMU Management Plan;

  (c) hunter satisfaction ratings; and

  (d) any violation by CWMU operator, CWMU president, or any landowner association member of Title 23, Wildlife Resources Code, this rule, stipulations contained in the certificate of registration and all other relevant information provided from any source related to participation in the CWMU program.

  (8) After evaluating a complete renewal application, the division shall:

  (a) recommend approving renewal of the certificate of registration and forward the permit recommendations to the Regional Advisory Councils and Wildlife Board; or

  (b) recommend denying the renewal certificate of registration and state the reasons for denial in writing to the applicant; and

  (c) forward the application, reason for denial and recommendation to the Regional Advisory Councils and Wildlife Board.

  (9) Upon receiving the division's recommendation as provided in Subsections (7) and (8), the Wildlife Board may consider:

  (a) the contents of the renewal application;

  (b) the past performance by a CWMU in fulfilling management responsibilities identified in the CWMU Management Plan;

  (c) hunter satisfaction ratings;

  (d) any violation by CWMU operator, CWMU president, or any landowner association member of Title 23, Wildlife Resources Code, this rule, stipulations contained in the certificate of registration and all other relevant information provided from any source related to the applicant's participation in the CWMU program;

  (e) any probationary status or recommendation provided by the CWMU Advisory Committee if the landowner association has been referred to the CWMU Advisory Committee during the term of the certificate of registration; and

  (f) the recommendations of the division and Regional Advisory Councils.

  (10) A certificate of registration approved for renewal is authorized for three years and shall expire on January 31, providing the certificate of registration is not revoked, suspended, or terminated prior to the expiration date.