R657-41-12. Special Antelope Island State Park Hunting Permits

  (1)(a) The Wildlife Board may authorize a hunt for bighorn sheep and buck mule deer on Antelope Island State Park, with one or more permits made available for each species and designated as Special Antelope Island State Park Conservation Permits and an equal number of permits for each species made available as Special Antelope Island State Park Limited Entry Permits.

  (b) The division and the Division of Parks and Recreation, through their respective policy boards, will enter into a cooperative agreement for purposes of establishing:

  (i) the number of permits issued annually for bighorn sheep and buck mule deer hunts on Antelope Island;

  (ii) season dates for each hunt;

  (iii) procedures and regulations applicable to hunting on Antelope Island;

  (iv) protocols for issuing permits and conducting hunts for antlerless deer on Antelope Island when populations require management; and

  (v) procedures and conditions for transferring Special Antelope Island State Park Conservation Permit revenue to the Division of Parks and Recreation.

  (c) The cooperative agreement governing bighorn sheep and mule deer hunting on Antelope Island and any subsequent amendment thereto shall be presented to the Wildlife Board and the Parks Board for approval prior to holding a drawing or issuing hunting permits.

  (2)(a) Special Antelope Island State Park Limited Entry Permits will be issued by the division through its annual bucks, bulls, and once-in-a-lifetime drawing.

  (i) The mule deer Special Antelope Island State Park Limited Entry Permit is a premium limited entry buck deer permit and subject to the regulations governing such permits, as provided in this rule, R657-5, and R657-62.

  (ii) The bighorn sheep Special Antelope Island State Park Limited Entry Permit is a once-in-a-lifetime Rocky Mountain bighorn sheep permit and subject to the regulations governing such permits, as provided in this rule, R657-5, and R657-62.

  (b) To apply for a Special Antelope Island State Park Limited Entry Permit, the applicant must:

  (i) pay the prescribed application handling fee;

  (ii) possess a current Utah hunting license or combination license;

  (iii) not be subject to a waiting period under R657-62 for the species of wildlife applied for; and

  (iv) otherwise be eligible to hunt the species of wildlife designated on the application;

  (c) A person that obtains a Special Antelope Island State Park Limited Entry Permit:

  (i) must pay the applicable permit fee;

  (ii) may take only one animal of the species and gender designated on the permit;

  (iii) may hunt only with the weapon and during the season prescribed on the permit;

  (iv) may hunt the specified species within the areas of Antelope Island designated open by the Wildlife Board and the rules and regulations of the Division of Parks and Recreation; and

  (v) is subject to the:

  (A) provisions of Title 23, Wildlife Resources Code, and the rules and guidebooks of the Wildlife Board for taking and pursuing wildlife; and

  (B) statutes, rules, and regulations of the Division of Parks and Recreation for hunting on Antelope Island.

  (d) Bonus points are awarded and utilized in applying for and obtaining a Special Antelope Island State Park Limited Entry Permit.

  (e) A person who has obtained a Special Antelope Island State Park Limited Entry Permit is subject to all waiting periods applicable to the particular species, as provided in R657-62.

  (f) A person cannot obtain a Special Antelope Island State Park Limited Entry Permit for a bighorn sheep or mule deer and any other permit for a male animal of the same species in the same year.

  (3) Special Antelope Island State Park Conservation Permits will be provided to the conservation group awarded the wildlife expo permit series, as provided in R657-55, for auction to the highest bidder at the wildlife exposition.

  (a) The division and conservation organization receiving authority to auction Special Antelope Island State Park Conservation Permits shall enter into a contract.

  (b) The conservation organization receiving authority to auction the opportunity for Special Antelope Island State Park Conservation Permits must insure the permits are marketed and distributed by lawful means.

  (4)(a) When auctioning the Special Antelope Island State Park Conservation Permits, the conservation organization must:

  (i) obtain the following information:

  (A) full name of the successful bidder;

  (B) date of the event where the permit opportunity is auctioned; and

  (C) winning bid amount for that permit opportunity; and

  (ii) submit the information required in Subsection (4)(a)(i) to the division within 10 days of the event where the permit opportunity is auctioned to the highest bidder; and

  (iii) identify the individual who is authorized to redeem the conservation permit voucher and submit it to the division prior to the individual attempting to redeeming the voucher.

  (b) The division will not issue a Special Antelope Island State Park Conservation Permit unless information on the winning bidder and authorized recipient of the voucher is first received by the division.

  (c)(i) an absentee bidder may only use an agent or representative to bid on a conservation permit opportunity on their behalf if authorized by the conservation organization.

  (ii) A winning bid offered by an agent or representative on behalf of an absentee bidder legally obligates the absentee bidder to satisfy the bid obligation submitted by the representative.

  (iii) For the purposes of this rule, an absentee bidder is considered the successful bidder when the winning bid is offered by their agent or representative.

  (5) If the successful bidder or the person designated by a successful bidder to receive a Special Antelope Island State Park Conservation Permit fails to pay the conservation organization the winning bid amount, the conservation organization may remarket the permit opportunity using any legal means and designate another person to receive the permit opportunity.

  (6)(a) If, for any reason, the successful bidder elects not to personally use a Special Antelope Island State Park Permit opportunity, they may assign that opportunity to another person, provided:

  (i) the conservation organization is notified of the assignment;

  (ii) the original winning bid amount for the permit opportunity is received in full by the conservation organization and not decreased;

  (iii) the conservation organization handles and otherwise uses the entire winning bid amount consistent with the requirements in Subsection (9); and

  (iv) the successful bidder executes an affidavit verifying they are not profiting from the assignment.

  (A) For purposes of Subsection (iv), "profiting" does not include a reasonable fee for guiding services provided in conjunction with the assigned permit opportunity.

  (b) If a person assigned a Special Antelope Island State Park Conservation Permit opportunity by the successful bidder or a person possessing the permit voucher is unable to use the permit opportunity for any reason, including obtaining another Utah permit for the same species, the conservation organization may remarket the permit opportunity using any legal means and designate another person to receive the opportunity, provided:

  (i) the conservation organization selects the new recipient of the permit opportunity;

  (ii) the amount of money received by the division for the permit opportunity is not decreased;

  (iii) the conservation organization relinquishes to the division all proceeds generated from the re-designated permit, as provided in Subsection (9);

  (iv) the conservation organization and the holder of the permit opportunity execute an affidavit verifying neither is profiting from transferring the right to the permit; and

  (v) the permit has not been issued by the division to the first designated person.

  (7) Within 30 days of the exposition, but no later than May 1 annually, the conservation organization must submit to the division:

  (a) a final report on the distribution of the Special Antelope Island State Park Conservation Permits;

  (b) the total funds raised on each permit; and

  (c) the funds due to the division.

  (8)(a) Permits shall not be issued until the applicable permit fees are paid to the division.

  (b) If the conservation organization is paying the permit fees for the permit recipient, the fees must be paid from the 10% retained by the conservation organization as provided in Subsection (9)(b).

  (9)(a)(i) Conservation organizations shall remit to the division 90% of the total revenue generated by the Special Antelope Island State Park Conservation Permit sales in that year.

  (ii) Failure to remit 90% of the total permit revenue to the division by the August 15 deadline may result in criminal prosecution under Title 76, Chapter 6, Part 4 of the Utah Code.

  (b) A conservation organization may retain 10% of the revenue generated by the permits for administrative expenses.

  (c) Special Antelope Island State Park Conservation Permits will be issued under this section and will not be limited by the requirements of R657-41-3 through R657-41-8.

  (d) Upon receipt of the permit revenue from the conservation organization, the division will transfer the revenue to the Division of Parks and Recreation, as provided in the cooperative agreement under Subsection (1)(b) between the two divisions.

  (10)(a) Except as otherwise provided under Subsections (5) and (6), neither the conservation organization, successful bidder, successful bidder's assignee, nor the holder of a Special Antelope Island State Park Conservation Permit voucher may offer for sale, sell, or transfer the rights to that designation to any other person.

  (b) A person cannot obtain a Special Antelope Island State Park Conservation Permit for a bighorn sheep or mule deer and any other permit for a male animal of the same species in the same year.

  (c) The person designated to receive a Special Antelope Island State Park Conservation Permit must possess or obtain a current Utah hunting or combination license before being issued the permit.