R657-41-8. Distributing Conservation Permits

  (1) The division and conservation organization receiving permits shall enter into a contract.

  (2)(a) Conservation organizations receiving the opportunity to distribute permits must ensure the permit opportunities are marketed, auctioned, and distributed by lawful means.

  (b) Conservation permit vouchers may not be purchased or redeemed by officers, agents, directors or employees of a conservation permit organization unless:

  (i) the voucher was sold at an in-person banquet or fundraiser hosted by the conservation organization;

  (ii) the sale was administered by an auctioneer; and

  (iii) the sales process was administered in a manner so as to secure fair market value for the voucher.

  (3)(a) The conservation organization must:

  (i) obtain the following information at the time of sale:

  (A) full name of the successful bidder;

  (B) date the permit opportunity is auctioned; and

  (C) winning bid amount for that permit opportunity;

  (ii) submit the information required in Subsection (3)(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 conservation permit unless required information about 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.

  (4) If the successful bidder or a person designated by the successful bidder to receive a conservation permit voucher fails to pay the conservation organization the winning bid amount that secured the permit opportunity, the conservation organization may remarket the permit opportunity using any legal means and designate another person to receive the permit opportunity.

  (5)(a) If, for any reason, the successful bidder elects not to personally use a conservation 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 Section R657-41-9; 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 permit opportunity by the successful bidder or a person possessing a 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 and otherwise uses all proceeds generated from the re-designated permit opportunity consistent with the requirements in Section R657-41-9;

  (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.

  (6)(a) Except as otherwise provided under Subsections (4) and (5), neither the conservation organization, successful bidder, successful bidder's assignee, nor the holder of a conservation permit voucher may offer for sale, sell, or transfer the rights to that designation to any other person.

  (7) A person cannot obtain more than one conservation permit for a single conservation permit species per year, except :

  (a) two elk permits may be obtained, provided one or both are antlerless permits; and

  (b) turkey.

  (c) A person may obtain both a desert bighorn ram permit and rocky mountain bighorn ram conservation permit in a single year.

  (8) The person designated on a conservation permit voucher must possess or obtain a current Utah hunting or combination license to redeem the voucher for the corresponding conservation permit.