R657-53-18. Request for Species Reclassification

  (1) A person may make a request to change the classification of a species or subspecies of amphibian or reptile provided in this rule.

  (2) A request for reclassification must be made to the division by submitting an application for reclassification.

  (3)(a) The application shall include:

  (i) the petitioner's name, address, and phone number;

  (ii) the species or subspecies for which the application is made;

  (iii) the name of all interested parties known by the petitioner;

  (iv) the current classification of the species or subspecies;

  (v) a statement of the facts and reasons forming the basis for the reclassification; and

  (vi) copies of scientific literature or other evidence supporting the change in classification.

  (b) In addition to the information required under Subsection (a), the petitioner must provide any information requested by the division necessary to formulate a recommendation to the Wildlife Board.

  (4)(a) The division shall, within a reasonable time, consider the request for reclassification and shall submit its recommendation to the Wildlife Board.

  (b) The division shall send a copy of its recommendation to the petitioner and other interested parties specified on the application.

  (5)(a) At the next available Wildlife Board meeting the Wildlife Board shall:

  (i) consider the division recommendation; and

  (ii) any information provided by the petitioner or other interested parties.

  (b) The Wildlife Board shall approve or deny the request for reclassification based on the issuance criteria provided in Section R657-53-11(1).

  (6) A change in species classification shall be made in accordance with Title 63G, Chapter 4, Administrative Rulemaking Act.

  (7) A request for species reclassification shall be considered a request for agency action as provided in Subsection 63G-4-201(3) and Rule R657-2.