R657-37-7. Operation by Landowner Association

  (1)(a) A CWMU must be operated by a landowner association who is represented by a president or a landowner association operator.

  (b) A landowner association president or landowner association operator may appoint CWMU agents to protect private property within the CWMU; however, the landowner association president, or landowner association operator must assume ultimate responsibility for the operation of the CWMU.

  (2)(a) A landowner association president or landowner association operator may enter into reciprocal agreements with other landowner association presidents or landowner association operators to allow hunters who have obtained a CWMU permit to hunt within each other's CWMUs as provided in Subsections R657-37-4(3)(a)(xii).

  (b) Reciprocal hunting agreements may be approved only to:

  (i) raise funds to address joint habitat improvement projects;

  (ii) address emergency situations limiting hunting opportunity on a CWMU;

  (iii) raise funds to aid in essential management practices for the benefit of CWMU species, including obtaining age or species population data as recommended by regional division personnel and approved by the division's wildlife section chief; or

  (iv) be used with unused vouchers as provided in R657-37-9(12)(a).

  (c) If a person is authorized to hunt in one or more CWMUs as provided in Subsection (a), written permission from the landowner association member or landowner association operator and written authorization from the division must be in the person's possession while hunting.

  (d) The division may identify an individual to administer and coordinate reciprocal agreements and all expenditure of funds generated therefrom.

  (e) The division must provide written approval prior to any expenditure of funds generated from reciprocal agreement permits.

  (f) The administrator of the reciprocal agreement program must provide an annual accounting of proceeds generated from reciprocal agreement permits and how those funds were spent or administered.

  (3)(a) A landowner association member or landowner association operator must provide general public CWMU permittees a minimum of:

  (i) five days to hunt with buck, bull or turkey permits; and

  (ii) three days to hunt with antlerless permits.

  (b) Sunday hunt days may not be included in minimum hunt days except by mutual agreement of the permittee and the operator.

  (c) General public CWMU permittees shall be allowed to hunt the entire CWMU during their established season dates, unless areas are deemed closed to both public and private hunters and described in the CWMU Management Plan as closed.

  (d) A person who has obtained a CWMU permit may hunt only in the CWMU for which the permit is issued, except as provided under Subsection (2).

  (4)(a) Each landowner association member or landowner association operator must:

  (i) clearly post all boundaries of the CWMU at all corners, fishing streams crossing property lines, road, gates, and rights-of-way entering the land with signs that are a minimum of 8 1/2 by 11 inches on a bright yellow background with black lettering, and that contain the language provided in Subsection (b); and

  (ii) if a CWMU uses public land for the purpose of making a definable boundary for the CWMU then that boundary shall be posted every three hundred yards.

  (b) Only persons with a valid CWMU permit for the CWMU may hunt moose, deer, elk, pronghorn or turkey within the boundaries of the CWMU.

  (c) The general public may use accessible public land portions of the CWMU for all legal purposes, other than hunting big game or turkey for which the CWMU is authorized.

  (5) A landowner association member or landowner association operator must provide a written copy of its guidelines used to regulate a permit holder's conduct as a guest on the CWMU to each permit holder.

  (6)(a) A CWMU and the division shall cooperatively address the needs of landowners who are negatively impacted by big game animals or turkeys associated with the CWMU.

  (b) The CWMU and the division shall cooperatively seek methods to prevent or mitigate agricultural depredation caused by big game animals or turkeys associated with the CWMU.

  (7) A landowner association member may not harass or haze wildlife in an effort to retain animals on the CWMU or herd animals onto the CWMU unless:

  (a) the division determines that such actions are necessary to mitigate agricultural damage on neighboring lands;

  (b) the CWMU is fulfilling their obligations described in their CWMU Management Plan regarding agricultural damage to neighboring landowners; and

  (c) the division provides prior written authorization approving the actions of the CMWU.