R657-33-2. Definitions

  (1) Terms used in this rule are defined in Section 23-13-2.

  (2) In addition:

  (a) "Accompany" means at a distance within which visual contact and verbal communication are maintained without the assistance of any electronic device.

  (b) "Bait" means any lure containing animal, mineral or plant materials.

  (c) "Baiting" means the placing, exposing, depositing, distributing or scattering of bait to lure, attract or entice bear on or over any area.

  (d) "Bear" means Ursus americanus, commonly known as black bear.

  (e) "Canned hunt" means that a bear is treed, cornered, held at bay or its ability to escape is otherwise restricted for the purpose of allowing a person who was not a member of the initial hunting party to arrive and take the bear.

  (f) "Compensation" means anything of economic value in excess of $100 that is paid, loaned, granted, given, donated, or transferred to a dog handler for or in consideration of pursuing bear for any purpose.

  (g) "Control permit" means a permit issued in response to bear depredation to commercial crops pursuant to R657-33-23(4).

  (h) "Cub" means a bear less than one year of age.

  (i) "Draw-lock" means a mechanical device used to hold and support the draw weight of a conventional or compound bow at any increment of draw until released by the archer using a trigger mechanism attached to the device.

  (j) "Dog handler" means the person in the field that is responsible for transporting, releasing, tracking, controlling, managing, training, commanding and retrieving the dogs involved in the pursuit. The owner of the dogs is presumed the dog handler when the owner is in the field during pursuit.

  (k) "Evidence of sex" means the teats, and sex organs of a bear, including a penis, scrotum or vulva.

  (l) "Green pelt" means the untanned hide or skin of a bear.

  (m) "Harvest-objective hunt" means any hunt that is identified as harvest-objective in the hunt table of the guidebook for taking bear.

  (n) "Harvest-objective permit" means any permit valid on harvest-objective units.

  (o) "Harvest-objective unit" means any unit designated as harvest-objective in the hunt table of the guidebook for taking bear.

  (p) "Immediate family member" means a 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, and grandchild.

  (q)(i) "Limited entry hunt" means any hunt listed in the hunt table, published in the guidebook of the Wildlife Board for taking bear, which is identified as a limited entry hunt for bear.

  (ii) The Wildlife Board may authorize certain limited entry hunts that span multiple seasons, identified in the guidebook for taking bear as multi-season limited entry hunts.

  (iii) "Limited entry hunt" does not include harvest objective hunts or pursuit only.

  (r) "Limited entry permit" means any permit obtained for a limited entry hunt, including conservation permits, expo permits, and sportsman permits.

  (s) "Private lands" means any lands that are not public lands, excluding Indian trust lands.

  (t) "Public lands" means any lands owned by the state, a political subdivision or independent entity of the state, or the United States, excluding Indian trust lands, that are open to the public for purposes of engaging in pursuit.

  (u) "Pursue" means to chase, tree, corner or hold a bear at bay with dogs.

  (v) "Restricted pursuit unit" means a bear pursuit unit where pursuit is allowed only by a dog handler who:

  (i) possesses a pursuit permit issued for that particular pursuit unit;

  (ii) possesses or is accompanied by a person who possesses a limited entry bear permit for the unit, and the pursuit occurs within the area and during the season established for the limited entry bear permit; or

  (iii) is engaged in pursuit for compensation as provided in R657-33-26(2).

  (w)(i) "Valid application" means:

  (A) it is for a species for which the applicant is eligible to possess a permit;

  (B) there is a hunt for that species regardless of estimated permit numbers; and

  (C) there is sufficient information on the application to process the application, including personal information, hunt information, and sufficient payment.

  (ii) Applications missing any of the items in Subsection (i) may still be considered valid if the application is corrected before the deadline through the application correction process.

  (x) "Waiting period" means a specified period of time that a person who has obtained a bear permit must wait before applying for any other bear permit.

  (y) "Written permission" means written authorization from the owner or person in charge to enter upon private lands and must include:

  (i) the name and signature of the owner or person in charge;

  (ii) the address and phone number of the owner or person in charge;

  (iii) the name of the dog handler given permission to enter the private lands;

  (iv) a brief description of the pursuit activity authorized;

  (v) the appropriate dates; and

  (vi) a general description of the property.