R657-22-3. Application for a Certificate of Registration

  (1)(a) A certificate of registration is required before any person may operate a CHA.

  (b) An application for a CHA certificate of registration must be completed and returned to the regional office where the proposed CHA is located.

  (2)(a) Any application that does not clearly and legibly verify ownership or lease by the applicant as required in Subsection (3), of all property for which the application applies shall be returned to the applicant.

  (b) Discovery of property after issuance of the CHA certificate of registration, which is not approved by its owner or lessee to be included in the CHA, shall immediately void the CHA certificate of registration.

  (3)(a) The application must be accompanied by:

  (i) Detailed maps depicting boundaries, game bird holding facilities and ownership of all parcels within the CHA; and

  (ii) Large scale maps depicting the location of the CHA relative to the nearest city or town;

  (iii) evidence of ownership of the property, such as a copy of a title, deed, or tax notice that provides evidence the applicant is the owner of the property described; or

  (iv) a lease agreement for the period of the CHA certificate of registration, listing the name, address and telephone number of the lessor, that provides evidence the applicant is the lessee of the hunting or shooting rights of the property described;

  (v) the address of any propagation or game bird holding facility not located on the CHA property; and

  (vi) the annual CHA certificate of registration fee for the first year of operation.

  (4) The division may return any application that is incomplete, completed incorrectly, or that is not accompanied by the information required in Subsection (3).

  (5)(a) Review and processing of the application may require up to 60 days.

  (b) More time may be required to process an application if the applicant requests authorization from the Wildlife Board for a variance to this rule.

  (6) Applications are not accepted for a CHA that is within 1/4 mile of any existing state wildlife or waterfowl management area without requesting a variance from the Wildlife Board.

  (7) The division may deny any application or impose provisions on the CHA certificate of registration that are more restrictive than this rule in the interest of wildlife or wildlife habitat.

  (8) Commercial Hunting Area certificates of registration are effective from the date issued through June 30 of the third consecutive year.

  (9) The annual CHA certificate of registration fee for the second and third years of operation must be submitted when invoiced.

  (10) Rights granted by a CHA certificate of registration are not transferable or assignable.