Natural Resources, Wildlife Resources

Rule R657-21

Cooperative Wildlife Management Units for Small Game and Waterfowl

Notice of Proposed Rule

(Amendment)

DAR File No.: 33497
Filed: 03/23/2010 08:42:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Wildlife Board meetings conducted for taking public input and reviewing the Cooperative Wildlife Management Unit (CWMU) program.

Summary of the rule or change:

Subsections R657-21-4(2)(c) and R657-21-5(1)(a) are being amended to delete "$5 non-refundable" and replace it with "all nonrefundable handling and application fees in accordance with the fee schedule". This will allow the fee portion of this rule to be consistent with other division rules. The fee schedule is approved each year by the State Legislature.

State statutory or constitutional authorization for this rule:

• Section 23-23-3

Anticipated cost or savings to:

the state budget:

The amendment to this rule removes a set monetary fee and replaces it with the approved fee schedule. The Division of Wildlife Resources (DWR) determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

The amendment to this rule removes a set monetary fee and replaces it with the approved fee schedule. DWR determines that this amendment does not create a cost or savings impact to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendment to this rule removes a set monetary fee and replaces it with the approved fee schedule. DWR determines that this amendment does not create a cost or savings impact to other persons.

Compliance costs for affected persons:

The amendment to this rule removes a set monetary fee and replaces it with the approved fee schedule. The fee schedule is approved by the State Legislature after obtaining public comment through the Divisions public input process. DWR determines that there are no additional compliance costs associated with this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendment to this rule deletes a set monetary amount from the rule and replaces it with the approved fee schedule. DWR determines that there is not a fiscal impact on businesses associated with this amendment.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/17/2010

This rule may become effective on:

05/24/2010

Authorized by:

James Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-21. Cooperative Wildlife Management Units for Small Game and Waterfowl.

R657-21-1. Purpose and Authority.

Under authority of Section 23-23-3, this rule provides the procedures, standards, and requirements for Cooperative Wildlife Management Units for the hunting of small game and waterfowl.

 

R657-21-4. Application for Certificate of Registration.

(1) Applications for a CWMU are available from division offices.

(2) In addition to the application, the landowner or landowner association must provide:

(a) a petition containing the dated signature and acreage of each participating landowner agreeing to terms of this rule;

(b) two original 1:100,000 scale BLM Surface Management Status maps showing all interior and exterior boundaries, lands enrolled and not enrolled within the exterior boundaries, and the county identification tax numbers; and

(c) [a $5 non refundable]all nonrefundable handling and application [fee]fees in accordance with the fee schedule.

(3) The division may return any application that is incomplete or completed incorrectly.

(4) Applications must be completed and returned to the respective division regional office, in which the CWMU is located, 60 days prior to the applicable hunting season.

(5)(a) Upon receipt of the completed application, the division may issue a certificate of registration to a landowner or landowner association to operate a CWMU.

(b) Division review of the application may require up to 45 days.

(c) If an application is rejected, the division shall provide the landowner or landowner association with written notification of the reasons for rejection within 30 days from the date of rejection.

(6) Certificates of registration are issued annually and are effective from the date of issuance through June 30 of the following year.

 

R657-21-5. Renewal of a Certificate of Registration.

(1)(a) The landowner or landowner association may renew the certificate of registration for the CWMU by completing and submitting a renewal application, CWMU authorization sales report and [a non refundable $5 renewal fee]all nonrefundable handling and application fees in accordance with the fee schedule.

(b) The renewal application must be submitted at least 60 days prior to the applicable seasons.

(2) Any changes from the previous year's certificate of registration must be indicated on the renewal application.

(3)(a) If the landowner or landowner association requests additional land to be included in the CWMU, the application must contain the dated signature of each additional landowner, the county identification tax numbers of the additional land, and two 1:100,000 scale BLM Surface Management Status maps showing the new proposed interior and exterior boundaries.

(b) If the landowner or landowner association requests land to be withdrawn from the CWMU, the application must include a copy of the previously submitted petition with the appropriate landowners' signatures deleted and two 1:100,000 scale BLM Surface Management Status maps showing the land to be withdrawn and the new proposed interior and exterior boundaries.

 

KEY: wildlife, small game, wildlife law

Date of Enactment or Last Substantive Amendment: [September 6, 2005] 2010

Notice of Continuation: March 9, 2010

Authorizing, and Implemented or Interpreted Law: 23-23-3