R657-19-6. Utah Prairie Dog Provisions

  (1)(a) A person may not take a Utah Prairie dog, Cynomys parvidens, without first obtaining a certificate of registration from the division.

  (b) A certificate of registration for taking Utah prairie dogs may be issued as provided in Subsection (i) or Subsection (ii), or Subsection (iii), if the taking will not further endanger the existence of the species:

  (i) in cases where Utah Prairie dogs are causing damage to agricultural lands as provided in the rules of the U.S. Fish and Wildlife Service; or

  (ii) as provided in a valid Incidental Take permit issued by the U.S. Fish and Wildlife Service under an approved Habitat Conservation Plan; or

  (iii) as provided under a valid Incidental Take permit issued by the U.S. Fish and Wildlife Service allowing take of Utah prairie dogs on specified private lands as part of an approved conservation agreement enacted between the U.S. Fish and Wildlife Service and the owner of those private lands.

  (c) A person may apply for a certificate of registration at the division's southern regional office, 1470 North Airport Road, Suite 1, Cedar City, Utah 84721.

  (d) A landowner, lessee, or their immediate family member, or an employee on a regular payroll and not hired specifically to take Utah prairie dogs, may apply for a certificate of registration.

  (e)(i) A person, other than those listed in Subsection (d), may apply for a certificate of registration to take Utah prairie dogs as a designee of the landowner or lessee provided the application includes:

  (A) an explanation of the need for the certificate of registration to be issued;

  (B) justification for utilization of the designee; and

  (C) the landowner or lessee's signature.

  (ii) A maximum of two designee certificates of registration may be issued per landowner or lessee.

  (iii) Each designee application shall be considered individually based upon the explanation and justification provided.

  (f) An application for a certificate of registration must include:

  (i) full name;

  (ii) complete mailing address;

  (iii) phone number;

  (iv) date of birth;

  (v) weight and height;

  (vi) gender;

  (vii) color of hair and eyes;

  (viii) social security number;

  (ix) driver's license number, if issued;

  (x) proof of hunter education certification if the applicant was born after December 31, 1965; and

  (xi) the township, range, section and 1/4 section of the agricultural lands where the prairie dogs will be taken.

  (g) An applicant must be at least 14 years of age at the time of application and must abide by the provisions for children being accompanied by adults while hunting with a weapon pursuant to Section 23-20-20.

  (h) After review of the application, a certificate of registration may be issued.

  (i) A maximum of four certificates of registration may be issued to any landowner or lessee, including those issued to the landowner or lessee's designees.

  (j) A certificate of registration shall be issued on an individual basis and shall be valid only for the person to whom the certificate of registration is issued.

  (k) A certificate of registration is not transferrable and must be signed by the holder prior to use.

  (l) If the application and permitting process is accomplished by U.S. Mail, the certificate of registration shall only become valid after a copy of the signed certificate of registration is received by the division's southern regional office.

  (2)(a) A person may take Utah prairie dogs with a firearm during daylight hours or by trapping as specified on the certificate of registration.

  (b) A person may not use any chemical toxicant to take Utah prairie dogs.

  (c) In addition to the requirements of this rule, any person taking Utah prairie dogs must comply with state laws, and local ordinances and laws.

  (d) A person at least 14 years of age and under 16 years of age who takes Utah Prairie dogs must be accompanied by an adult with a valid certificate of registration to take Utah Prairie dogs on the same property.