DAR File No. 39718

Natural Resources, Wildlife Resources

Rule R657-9

Taking Waterfowl, Common Snipe and Coot

Notice of Proposed Rule

(Amendment)

DAR File No.: 39718
Filed: 09/08/2015 01:47:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the division's waterfowl program.

Summary of the rule or change:

The proposed revisions: 1) no longer restrict the possession of firearms; 2) ensure the rule is consistent with other Utah firearm laws; and 3) restrict the discharge of firearms on specified wildlife management areas (WMAs) listed in the Guidebook for Taking Waterfowl during open seasons or as authorized by Certificate of Registration or for lawful purposes of self-defense.

State statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This amendment ensures the rule is consistent with Utah firearm laws and it does not make any changes to the process or employee workload therefore, the Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

Since this amendment has minimal impact on individual hunters and no impact on the local governments, the division finds that this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

This amendment allows this rule to be consistent with other Utah firearm laws and therefore does not have the potential to generate a cost or savings impact to small businesses.

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

This amendment allows this rule to be consistent with other Utah firearm laws and therefore does not have the potential to generate a cost or savings impact to sportsmen or the other persons.

Compliance costs for affected persons:

DWR determines that this amendment will not create additional costs for those who participate in wildlife-related activities in Utah.

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

The amendments to this rule do not create an impact on businesses.

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:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-9. Taking Waterfowl, Wilson's Snipe and Coot.

R657-9-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, and in accordance with 50 CFR 20, 50 CFR 32.64 and 50 CFR 27.21, 2004 edition, which is incorporated by reference, the Wildlife Board has established this rule for taking waterfowl, Wilson's snipe, and coot.

(2) Specific dates, areas, limits, requirements and other administrative details which may change annually are published in the guidebook of the Wildlife Board for taking waterfowl, Wilson's snipe and coot.

 

R657-9-9. Use of Weapons on State Waterfowl Management Areas.

(1) A person may not [possess]discharge a firearm, crossbow, or archery tackle on the [following waterfowl management areas any time of the year except during the specified waterfowl hunting seasons or as authorized by the division: ]Bicknell Bottoms, Blue Lake, Brown's Park, Clear Lake, Desert Lake, Farmington Bay, Harold S. Crane, Howard Slough, Locomotive Springs, Mills Meadows, Ogden Bay, Powell Slough, Public Shooting Grounds, Salt Creek, Stewart's Lake, Timpie Springs and Topaz[.]Waterfowl Management areas during any time of the year, except:

[(2) During the](a) the use of authorized weapons as provided in Utah Admin. Code R657-9-7 during waterfowl hunting seasons[, a shotgun is the only firearm that may be in possession, except as provided in Rule R657-12.] for lawful hunting activities;

(b) as otherwise authorized by the Division in special use permit, certificate of registration, administrative rule, proclamation, or order of the Wildlife Board; or

([3) The firearm restrictions set forth in this section do not apply to a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed firearm to hunt or take wildlife.]c) for lawful purposes of self-defense.

 

KEY: wildlife, birds, migratory birds, waterfowl

Date of Enactment or Last Substantive Amendment: [ August 7, ]2015

Notice of Continuation: August 16, 2011

Authorizing, and Implemented or Interpreted Law: 23-14-19; 23-14-18; 50 CFR part 20