R657-37-3. Requirements for the Establishment of a Cooperative Wildlife Management Unit

  (1) A CWMU may be established for the purposes of hunting one or more of the following:

  (a) mule deer;

  (b) elk;

  (c) moose;

  (d) pronghorn; and

  (e) turkey.

  (2) The Wildlife Board may approve the issuance of a certificate of registration for a CWMU, provided:

  (a) the property is capable of independently maintaining the presence of the respective species and harboring them during the established hunting season;

  (b) the property is capable of accommodating the anticipated number of hunters and providing a reasonable hunting opportunity;

  (c) the property exhibits enforceable boundaries clearly identifiable to both the public and private hunters;

  (d) the CWMU contributes to meeting division wildlife management objectives;

  (e) as needed, the CWMU provides reasonable assistance to the division in minimizing and addressing damage to agricultural interests within and adjacent to the CWMU caused by wildlife; and

  (f) the CWMU meets the technical specifications provided in this rule.

  (3) A CWMU shall satisfy the following criteria:

  (a) a CWMU for elk or moose must contain at least 10,000 contiguous acres;

  (b) a CWMU for deer, pronghorn, or turkey must contain at least 5,000 contiguous acres;

  (b) the CWMU shall consist of private land to the extent practicable;

  (c) only private lands may be included in calculating minimum acreage requirements;

  (d) land parcels adjoining corner-to-corner may not be included for the purposes of meeting minimum contiguous acreage requirements;

  (e) all lands counting towards the minimum acreage requirements shall provide quality hunting opportunity and form a quality hunting unit; or

  (f) the CWMU must receive approval for a variance as described in R657-37-5(4).

  (4) A CWMU may include public land only if:

  (a) the public land is surrounded by private land or is otherwise publicly inaccessible;

  (b) the public land is necessary to establish an enforceable and identifiable hunt boundary; or

  (c) inclusion of the public land is necessary to achieve statewide and unit management objectives.

  (5) A CWMU may not include:

  (a) any lands comprising Domesticated Elk Facilities and Domesticated Elk Hunting Parks, as defined in Section 4-39-102(2) and Rules R58-18 and R58-20;

  (b) any lands already included in another active CWMU; or

  (c) differing hunt boundaries for multiple species approved on a single CWMU.

  (6) The Wildlife Board may deny a CWMU that meets technical requirements of this rule but does not otherwise fulfill the purposes of the CWMU program.