R657-43-8. Application for Limited Entry Permits

  (1) Applications for limited entry landowner permits are available from division offices.

  (2) Applications to receive limited entry landowner permits must be submitted by a landowner association for lands within the limited entry hunt unit where the private lands are located.

  (3) Applications must include:

  (a) total acres owned by the association within the limited entry hunting unit and a map indicating the eligible property acting as big game habitat;

  (b) signature of each of the landowners within the association including acres owned, with said signature serving as an affidavit certifying ownership;

  (c) a distribution plan for the allocation of limited entry permits by the association;

  (d) a copy of the association by-laws; and

  (e) a non-refundable handling fee.

  (4) The division may provide a landowner association assistance in preparing the application.

  (5) Applications must be completed and returned to the appropriate division office by September 1st of the year prior to when hunting is to occur.

  (6) The division shall forward the application, its recommendation, and other related documentation to the Regional Wildlife Advisory Councils for public review and consideration.

  (7) Recommendations by the Councils will then be forwarded to the Wildlife Board for review and action.

  (8) Upon receiving the application, and recommendations from the Regional Advisory Councils and the division, the Wildlife Board may:

  (a) authorize the issuance of a three year certificate of registration allowing the landowner association to operate; or

  (b) deny or partially deny the application and provide the landowner association with reasons for the decision.

  (9)(a) A landowner association certificate of registration, including any variance granted under R657-43-8(6), must be renewed every three years.

  (b)(i) Notwithstanding Subsection (9)(a), the Wildlife Board may annually modify permit types, numbers, and associated seasons authorized in a certificate of registration when necessary to achieve unit management objectives or otherwise comply with applicable law.

  (ii) The division shall annually review the permit types, numbers, and seasons authorized by a certificate of registration issued under this Section and recommend modifications when necessary to achieve unit management objectives or otherwise comply with applicable law.

  (iii) The division's recommendation and accompanying justification will be forwarded to the affected landowner association and the Regional Advisory Councils for review and recommendation.

  (iv) The Wildlife Board shall consider the recommendations made by the division, Regional Advisory Councils, and landowner association and make a final decision on the proposed modifications consistent with the requirements in Subsection (9)(b).

  (10)(a) A landowner association may petition to amend a certificate of registration upon submitting a written request to the regional division office where the landowner association is located.

  (b) Amendment of the certificate of registration is required for changes in:

  (i) permit numbers;

  (ii) a landowner association's:

  (A) by-laws; or

  (B) distribution plan for the allocation of limited entry permits among its members;

  (iii) acreage;

  (iv) land ownership; or

  (v) any other matter related to the management and operation of the landowner association not originally included in the certificate of registration.

  (c) Requests for amendments dealing with permit numbers or permit allocation among association members:

  (i) may be initiated by the landowner association or the division;

  (ii) are due on September 1st of the year prior to when hunting is to occur; and

  (iii) shall be forwarded to the Regional Advisory Councils and Wildlife Board for consideration and approval.

  (A) Upon approval by the Wildlife Board, an amendment to the original certificate of registration shall be issued in writing.

  (d) All other requests for amendments shall be reviewed by the region and Wildlife Section and, upon approval by the division director, an amendment to the original certificate of registration shall be issued in writing.