R657-65-4. COR Authorities and Limitations

  (1) An urban deer control plan COR issued to a city will:

  (a) specify for each year of the COR term:

  (i) the seasonal time period when deer may be removed;

  (ii) the total number of deer that may be removed; and

  (iii) the number of deer by gender that may be removed: and

  (b) authorize it to design, create, and administer an urban deer control plan consistent with the season and number limitations imposed in the COR and the following authorities and limitations.

  (2) The COR authorizes the city to:

  (a) prescribe and employ lethal methods of take to control deer, provided the methods are otherwise in compliance with state and federal law;

  (b) utilize baiting to facilitate safe and effective deer removal activities;

  (c) select and supervise individuals to perform specified deer removal activities, provided the city:

  (i) issues to each individual authorized to remove deer a written authorization and tag that:

  (A) is on a form prescribed by the Division;

  (B) is signed by the city manager and recipient;

  (C) identifies the recipient's name, address, date of birth, gender, height, weight, and eye color;

  (D) describes the locations, time periods, methods of take, and related activities authorized by the city; and

  (E) includes a detachable tag consistent with the requirements in Section 23-20-30;

  (d) allow a single individual to take more than one deer;

  (e) permit spotlighting to facilitate non-lethal deer removal or carcass recovery efforts; and

  (f) remove deer consistent with the annual buck and doe take prescriptions and season limitations set forth in the COR.

  (3) The city will:

  (a) require individuals authorized to lethally remove deer to:

  (i) tag the carcass consistent with Section 23-20-30; and

  (ii) comply with all federal, state, and local laws pertaining to the possession, use, and discharge of a dangerous weapon; and

  (b) take measures to ensure that:

  (i) deer carcasses are salvaged consistent with Section 23-20-8 (Waste of Wildlife) and disposed of as provided by law;

  (ii) viscera is removed from the kill site and disposed of as provided by law;

  (iii) antlers of lethally removed deer are promptly surrendered to the Division and not retained by the city or the person that takes the animal: and

  (iv) submit an annual report to the Division by March 1 on lethal removal activities, including the following information for each permit issued:

  (A) name of shooter/permit holder;

  (B) sex of the animal;

  (C) date of harvest; and

  (D) disposition of carcass, ie, retained by hunter, donated, etc.

  (4) The city will not:

  (a)(i) capture a deer for release outside municipal boundaries without a written capture and relocation plan prepared in coordination with and approved by the Division;

  (ii) capture or relocate a deer in violation of the approved capture and relocation plan; or

  (iii) allow an employee, officer, agent, licensee, or contractor who has not been certified and approved according to the written capture and relocation plan to capture or release a deer.

  (b) sell or barter a deer carcass or otherwise use it for pecuniary gain without prior written approval from the Division;

  (c) collect a fee or compensation from a person or entity it authorizes to remove deer from its incorporated boundaries, unless the fee or compensation is:

  (i) $50 or less;

  (ii) used exclusively to recoup the actual costs incurred by the city in:

  (A) selecting and qualifying the person; or

  (B) butchering and processing lethally removed deer for donation; and

  (iii) approved by the Division in writing;

  (d) undertake or authorize deer removal activities outside:

  (i) incorporated city boundaries or any unincorporated areas approved by the Division and the county; or

  (ii) the the season time frame prescribed in the COR;

  (e) remove more deer, collectively or by gender, than authorized in the COR; or

  (f) authorize the discharge of firearms or archery equipment for deer removal:

  (i) between one half hour after official sunset and one half hour before official sunrise; or

  (ii) in violation of federal, state, or local laws.