R657-44-2. Definitions

  (1) Terms used in this rule are defined in Sections 23-13-2 and 23-16-1.1.

  (2) In addition:

  (a) "Alternate drawing list" means a list of persons who have not already drawn a permit and would have been the next person in line to draw a permit.

  (b) "Cleared and planted land" means private land or privately leased state or federal land used to produce a cultivated crop for commercial gain and the cultivated crop is routinely irrigated or routinely mechanically or manually harvested, or is crop residue that has forage value for livestock.

  (c) "Commercial gain" means intent to profit from cultivated crops through an enterprise in support of the crop owner's livelihood.

  (d) "Damage incident period" means the period of time between July 1 and June 30 of the following year that the division identifies in a depredation mitigation plan to take action to prevent and mitigate further big game depredation and during which compensation for damage may be calculated.

  (e) "Depredation mitigation plan" means a document prepared by the division pursuant to Section 23-16-3(2)(b) and R657-44-3(4) outlining the actions it will take to prevent and mitigate big game damage to livestock forage, cultivated crops, irrigation equipment, and fences on private land.

  (f) "Immediate family member" means the landowner's or lessee's spouse, child, son-in-law, daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, stepchild, grandchild, grandfather, and grandmother.

  (g) "Irrigated" means the controlled application of water for agricultural purposes through man-made systems to supply water not satisfied by rainfall.

  (h) "Landowner" means any person, partnership, or corporation who owns property in Utah and whose name appears on a deed as the owner of eligible property or whose name appears as the purchaser on a contract for sale of eligible property.

  (i) "Lessee" means any person, partnership, or corporation whose name appears as the lessee on a written lease, for at least a one-year period, for eligible property used for farming or ranching purposes, and who is in actual physical control of the eligible property.

  (j) "Livestock Forage" means any forage, excluding cultivated crops and crop residues, meant for consumption by livestock, not routinely irrigated or routinely mechanically or manually harvested.

  (k) "Mitigation permit" means a nontransferable hunting permit issued directly to a landowner or lessee, an immediate family member of the landowner or lessee, or an employee of the landowner or lessee, authorizing the named individual to take specified big game animals for personal use within a designated area.

  (l) "Mitigation permit voucher" means a document issued to a landowner or lessee, allowing the landowner or lessee to designate who may obtain a big game mitigation permit.

  (m) "Nuisance" describes a situation where big game animals are found to have moved off formally approved management units onto adjacent units or other areas not approved for that species.

  (n) "Once-in-a-lifetime species" for the purposes of this section, includes bull moose and bison, bighorn sheep, and mountain goat regardless of sex.

  (o) "Private land" means land in private fee ownership and in agricultural use as provided in Section 59-2-502 and eligible for agricultural use valuation as provided in Section 59-2-503 and 59-2-504. Private land does not include tribal trust lands.