R657-37-9. Permit Allocation

  (1) The division shall issue CWMU permits for hunting big game or turkey to permittees:

  (a) qualifying through a drawing conducted for the general public as defined in Subsection R657-37-2(2)(c); or

  (b) named by the landowner association member or landowner association operator.

  (2) CWMU landowner association members and their spouses and dependent children cannot apply for CWMU permits specific to their CWMU that are offered in the public drawing.

  (3) A landowner association member or landowner association operator shall be issued vouchers that may be used to purchase hunting permits from division offices.

  (4)(a) The division and the landowner association operator must, in accordance with Subsection (4), determine:

  (i) the total number of permits to be issued for the CWMU; and

  (ii) the number of permits that may be offered by the landowner association to the general public as defined in Subsection R657-37-2(2)(c).

  (b) In determining the total number of permits allocated under Subsection (4)(a), the division will consider:

  (i) acreage and habitat conditions on the CWMU;

  (ii) management objectives of the CWMU and surrounding wildlife management units;

  (iii) classification and survey data;

  (iv) depredation and nuisance conflicts; and

  (v) other factors that may influence hunt quality and the division's ability to meet wildlife management objectives.

  (c) A CWMU may only offer a management buck permit for a public hunter if that CWMU lies entirely within a wildlife management unit that also offers management buck hunts.

  (5) The Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportion of public lands to private lands within the CWMU.

  (6)(a) Big game permits may be allocated using an option from:

  (i) table one for moose and pronghorn; or

  (ii) table two for elk and deer.

  (b)(i) Over the term of the certificate of registration, and at all times during the its term, at least 40% of the total permits for bull moose and at least 60% of the antlerless moose permits will be allocated to the public and distributed via the public drawing.

  (ii) Notwithstanding subsection (b)(i) above and Tables 1 and 2, if the proportion of permits allocated to the public over consecutive certificate of registration terms substantially deviates from that identified in subsection (b)(i), the Wildlife Board may approve a modified permit distribution scheme that fairly allocates public and private permits.

  (c) At least one buck or bull permit or at least 10% of the bucks or bulls permits, whichever is greater, must be made available to the general public through the big game drawing process.

  (d) Permits shall not be issued for spike bull elk.

  (e) Turkey permits shall be allocated in a ratio of fifty percent to the CWMU and fifty percent to the general public, with the public receiving the extra permit when there is an odd number of total permits.

TABLE 1

     MOOSE AND PRONGHORN

     Cooperative Wildlife Management Unit's Share

       Option Bucks/Bulls Does/Antlerless

         1 60% 40%

     Public's Share

        Option Bucks/Bulls Does/Antlerless

          1 40% 60%

TABLE 2

     ELK AND DEER

     Cooperative Wildlife Management Unit's Share

        Option Bucks/Bulls Antlerless

          1 90% 0%

          2 85% 25%

          3 80% 40%

          4 75% 50%

     Public's Share

        Option Bucks/Bulls Antlerless

          1 10% 100%

          2 15% 75%

          3 20% 60%

          4 25% 50%

  (7)(a) The landowner association member or landowner association operator must meet antlerless harvest objectives established in the CWMU management plan under subsection R657-37-4(3)(a)(ii).

  (b) Failure to meet antlerless harvest objectives based on a three-year average may result in discipline under section R657-37-14.

  (8) A landowner association member or landowner association operator must provide access free of charge to any person who has received a CWMU permit through the general public big game or turkey drawings, except as provided in Section 23-23-11.

  (9) If the division and the landowner association member disagree on the number of permits to be issued, the number of permits allocated, or the method of take, the Wildlife Board shall make the determination based on the biological needs of the big game or turkey populations, including available forage, depredation, and other mitigating factors.

  (10) A CWMU permit entitles the holder to hunt the species and sex of big game or turkey specified on the permit and only in accordance with the certificate of registration and the rules and proclamations of the Wildlife Board.

  (11) Vouchers for antlerless permits may be designated by a landowner association member to any eligible person as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game, and Rule R657-42.

  (12)(a) If a landowner association has a CWMU voucher that is not redeemed during the previous year, a landowner association may donate that voucher to a 501(c)(3) tax exempt organization, provided the following conditions are satisfied:

  (i) The voucher donation is approved by the director prior to transfer;

  (ii) No more than one voucher is donated per year by a landowner association;

  (iii) The voucher is donated for a charitable cause, and the landowner association does not receive compensation or consideration of any kind other than tax benefit; and

  (iv) The recipient of the voucher is identified prior to obtaining the director's approval for the donation.

  (b) A CWMU voucher approved for donation under this section may be extended no more than one year.

  (c) The division must be notified in writing and the donation completed before August 1st the year the CWMU voucher is to be redeemed.

  (d) vouchers may be used in reciprocal hunting agreements described in accordance with R657-7-(2)(b).

  (13)(a) A complete list of the current CWMUs, and number of big game or turkey permits available for public drawing shall be published in the respective proclamations of the Wildlife Board for taking big game or turkey.

  (b) The division reserves the exclusive right to list approved CWMUs in the proclamations of the Wildlife Board for taking big game or turkey. The division may unilaterally decline to list a CWMU in the proclamation where the unit is under investigation for wildlife violations, a portion of the property comprising the CWMU is transferred to a new owner, or any other condition or circumstance that calls into question the CWMUs ability or willingness to allow a meaningful hunting opportunity to all the public permit holders that would otherwise draw out on the public permits.