DAR File No. 41148

Natural Resources, Wildlife Resources

Rule R657-38

Dedicated Hunter Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 41148
Filed: 01/11/2017 06:30:34 PM

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 division's Dedicated Hunter Program.

Summary of the rule or change:

The proposed revisions to this rule: 1) consolidate related sections for simplification; 2) eliminate redundancy and add clarity to rule intent throughout; 3) clarify the use of appropriate equipment respective to each season; 4) clarify timeframes in which the Wildlife Conservation and Ethics course must be completed; 5) allow residents the option of purchasing service hours; 6) simplify program extension options for military mobilization/deployment; 7) manage special circumstances for educational and religious relocations through implementing a more universal withdraw/surrender option for all participants; 8) allow participants who draw limited-entry deer permits in the big game drawing the option of extending the Dedicated Hunter Certificate of Registration one year; 9) allow participants who accept a Poaching Reported Rewards permit the option of extending enrollment one year; and 10) restructure the qualifying minimum requirements for withdrawing from the program.

Statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This rule amendment makes technical and clarifying changes, and thus 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 the amendments are only clarifying or simplifying processes already in place only, 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 simply makes technical and clarifying changes. Therefore, DWR determines that the amendments do 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 simply makes technical and clarifying changes. Therefore, DWR determines that the amendments do not have the potential to generate a cost or savings impact to other persons.

Compliance costs for affected persons:

DWR determines that this amendment will not create additional savings or costs for those who wish to participate in the program.

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 Office 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:

03/03/2017

This rule may become effective on:

03/10/2017

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-38. Dedicated Hunter Program.

R657-38-1. Purpose and Authority.

(1) Under the authority of Section 23-14-18, this rule provides the standards and requirements for qualified deer hunters to participate in the Dedicated Hunter Program by obtaining a certificate of registration.

(2) The Dedicated Hunter Program is a program that provides:

(a) expanded hunting opportunities;

(b) opportunities to participate in wildlife conservation projects[that are beneficial to wildlife]; and

(c) education in hunter ethics and wildlife management principles.

 

R657-38-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2.

(2) In addition:

(a) "Dedicated Hunter Permit" means a general buck deer permit issued to a participant in the Dedicated Hunter Program, which authorizes the participant to hunt deer during the general archery, general muzzleloader and general any weapon open seasons in the hunt area specified on the permit.

(b) "Hunt area" means an area prescribed by the Wildlife Board where general archery, general muzzleloader and general any weapon buck deer hunting is open to permit holders for taking deer.

(c) "Participant" means a person who has remitted the appropriate fee and has been issued a Dedicated Hunter certificate of registration.

(d) "Program" means the Dedicated Hunter Program

(e) "Program harvest" means using a Dedicated Hunter permit to tag a harvested deer or failing to return a Dedicated Hunter permit with [attached]the kill tag attached, while enrolled in the program.

(f) "Wildlife conservation project" means any project that provides wildlife habitat protection or enhancement, improves hunting or fishing access, or directly benefits wildlife or the Division's current needs and is pre-authorized by the Division.

 

R657-38-3. Dedicated Hunter Certificates of Registration.

(1)(a) To [become a participant]participate in the program , a person must apply for, obtain, and sign a Dedicated Hunter certificate of registration as prescribed by the Division. A participant is not required to have the Dedicated Hunter certificate of registration on their person while hunting.

(b) Certificates of registration are issued by the Division through a drawing as prescribed in the guidebook of the Wildlife Board for taking big game and R657-62.

(c) Certificates of registration are valid for 3 consecutive years, except as provided by R657-38-[(]10[),]and R657-38-13, beginning on the date the big game drawing results are released and ending on the last day of the general season hunt for the 3 ^rd year of enrollment.

(d) The number of Dedicated Hunter certificates of registration is limited to 15% of the total annual general season buck deer quota for each [perspective]respective hunt area.

(i) Certificates of registration remaining unissued from the Dedicated Hunter portion of the big game drawing shall be redistributed as general single-season permits for their respective hunt areas in the general buck deer drawing.

(2) The Division may deny[, suspend, or revoke] a Dedicated Hunter certificate of registration for any of the [following reasons:]reasons identified as a basis for suspension in Section 23-19-9(7) and R657-38-15.

[(a) The drawing application contains false information;

(b) The person, at the time of application, or during the program enrollment, is under a judicial or administrative order suspending any wildlife hunting or fishing privilege within Utah or elsewhere;

(c) The person has violated the terms of any certificate of registration issued by the Division or an associated agreement.

(3) A person under any wildlife suspension may not apply for a certificate of registration until their suspension period has ended.]

([4]3) A certificate of registration conditionally authorizes the participant to obtain and use a Dedicated Hunter permit to hunt deer within the area listed on the permit, during the general archery, general muzzleloader and general any legal weapon buck deer [hunts]seasons according to the dates and boundaries established by the Wildlife Board. When available, the certificate of registration may also authorize hunting within the general deer archery extended area during the extended season dates.

(a) The person must use the appropriate weapons and equipment otherwise applicable to each season and boundary.

([5]4) The participant's selected hunt area, as issued through the drawing, shall remain the same for the entire duration of that program enrollment period.

([6]5) Participants [of]in the program shall be subject to any changes subsequently made [in]to this [rule during]or other rulesduring the term of enrollment, unless a variance is authorized by the Division.

 

R657-38-4. Applications for Certificates of Registration.

(1) [Application]Applicationsto obtain a Dedicated Hunter certificate of registration [is]are made pursuant to R657-62-16.

([a) Applicants must meet all age requirements and proof of ]2) To apply for a Dedicated Hunter certificate of registration, applicants must:

(a) have a valid Utah hunting or combination license;

(b) meet all age, hunter education , and license requirements [pursuant to]in Sections 23-19-11, 23-19-22, 23-19-24, and 23-19-[26.]26 and in applicable rules;

(i) [Any person who is 12 years of age or older may apply for a Dedicated Hunter certificate of registration.

(ii) ]A person 11 years of age may apply for [or]and obtain a Dedicated Hunter certificate of registration if that person's 12 ^th birthday falls in the calendar year the certificate is issued. A person may not hunt big game prior to their 12th birthday ; and

(c) be compliant with the restrictions in Subsection (2).

(3) A person under any wildlife suspension may not apply for a certificate of registration until their suspension period has ended.

 

R657-38-5. Dedicated Hunter Preference Point System.

(1) Dedicated Hunter Preference points are issued pursuant to R657-62-10.

 

R657-38-6. Fees.

(1) Any person who is 17 years of age or younger on July 31 ^st of the application year shall pay the youth participant fees.

(2) Any person who is 18 years of age or older on July 31 ^st of the application year shall pay the adult participant fees.

(3) Lifetime License holders shall pay a reduced fee as authorized by the annual fee schedule.

(4) A participant who enters the program as a Utah resident and thereafter becomes a nonresident, shall be changed to a nonresident status and may be issued [a ]nonresident [permit]permits at no additional charge for the remainder of the three-year enrollment period.

(5) A participant who enters the program as a nonresident and thereafter becomes a Utah resident, shall be changed to a resident status and may be issued [a ]resident [permit]permits with no reimbursement of the higher nonresident fee for the remainder of the three-year enrollment period.

 

R657-38-7. Refunds.

(1) A refund for the Dedicated Hunter certificate of registration may not be issued, except as provided in Section 23-19-38.2 and R657-42.

(2) Any eligible refund [will]of a certificate of registration fee, may be issued pro rata, based on the number of years in which any portion of a hunt [was participated in ]may have occurred during the enrollment period.

(3) Drawing application fees are nonrefundable.

(4) A refund shall not be issued under any circumstance if a participant's harvest record indicates two harvests.

 

R657-38-8. Wildlife Conservation and Ethics Course Requirement.

(1) [Prior]After successfully obtaining a Dedicated Hunter certificate of registration and prior to obtaining the first Dedicated Hunter permit of the program, a participant must complete [the]awildlife conservation and ethics course prescribed by the Division.

(2) The wildlife conservation and ethics course is available through the Division's Internet site.

(3) The Division shall keep a record of all participants who complete the wildlife conservation and ethics course.

R657-38-9. Service Hour Requirement.

(1)(a) Except as provided in R657-38-14, each participant in the program shall provide a minimum of 32 hours [of ]service as a volunteer on Division approved wildlife conservation projects.

(i) A participant may obtain a permit in the 1st year of the program without having provided service hours.

(ii) A participant must have completed a minimum of 16 service hours prior to receiving a Dedicated Hunter permit in the 2 ^ndyear of the program.

(iii) A participant must have completed a minimum of [16 additional]32 total service hours prior to receiving a Dedicated Hunter permit in the 3rd year of the program.

(b) If the participant fails to [have]complete the minimum [of ]32 hours [completed at]of service by the expiration of the certificate of registration in the 3rd year, the participant will be ineligible to apply for or obtain any Utah hunting licenses or permits until the remaining service hours have been[paid for or] completed.

(i) After a certificate of registration has expired, incomplete service hours may be completed through Division approved [wildlife conservation ]projects or by payment at the [hour buyout]established purchase rate.

(ii) A participant who has not been issued any Dedicated Hunter permits during the enrollment shall not be required to complete the service hour requirement.

(c) Residents [may not purchase more than 24 of the 32 total required service hours. Nonresidents may purchase all]and nonresidents may complete service hour requirements through service, purchase, or a combination of the [32 total required service hours.]two options.

(d) If a participant fails to fulfill the wildlife conservation [project]and ethics course or the minimum servicerequirements in any year of participation, the participant shall not be issued a Dedicated Hunter permit for that year.

(2) Wildlife conservation projects may be designed by the Division, or any other individual or entity, but must be pre-approved by the Division.

(a) Goods or services provided to the Division for wildlife conservation projects by a participant may be, at the discretion of the Division, substituted for service hours based upon current market values or comparative state contract rates for the goods or services, and [using ]the approved [hourly ]service [buyout]hour purchase rate[when applying the credit].

[(i) Goods or material donations that are specifically requested and accepted by the Division may be considered as service project hours.]

(b) The Division shall publicize the dates, times, locations and description of approved wildlife conservation projects and activities on the Division's Internet site.

(3) Service hours must be completed within the enrollment period.

(a) Service hours exceeding the 32 hour minimum shall not be applicable beyond the enrollment period and shall not be [applied]creditedto subsequent certificate of registrations.

(4) [Participants]Except as provided in R657-38-14 for participants surrendering due to injury or illness, all participants are required to perform their own service hours.

(a) Service hours are not transferrable to other participants or certificates of registration.

R657-38-10. Service Hour Exceptions and Program Extension.

[(1) The program service hour requirements may be waived on an annual basis if;

(a) The participant provides evidence of leaving the state for a minimum period of one year during the enrollment period for religious or educational purposes.]

([i) If the participant requests that the program service hour requirements be waived, and the request is granted, the participant shall not receive a Dedicated Hunter permit for the year in which the program requirements were waived

(b) The participant]1) A participant who is a member of the United States Armed Forces or public [health or public ]safety organization [and]that is mobilized or deployed on [order]orders in the interest of national defense or declared state of emergency may request a one-year program extension if;

[(2) A person who is a member of the United States Armed Forces or public safety organization that is mobilized or deployed may request;

(a) That the remainder of their program enrollment period be postponed until return from their period of mobilization or deployment;]

(a) the person is mobilized or deployed for a minimum period of 3 consecutive months, or;

(b) the participant is mobilized or deployed during the general buck deer season.

(i) The extension may not be granted for a year where the participant was issued a Dedicated Hunter permit and the division determines the participant hunted with the permit.

(2) If an extension is granted:

([b]a) [That ]the minimum annual program requirements shall be postponed into [a]the subsequent year of the enrollment ; and

([c) That the program service hour requirements be waived if the participant is prevented from completing the requirements due to the]b) a permit will not be issued in the year the qualifying mobilization or deployment occurs.

([A]3) The participant must provide evidence of the mobilization or deployment period.

[(B) The Division shall determine a pro rata schedule in which the service hour requirements waived correlate with the term length of the deployment or mobilization.]

 

R657-38-11. Allowable Harvest and Permit Return Requirements.

(1)(a) [Except as provided in section R657-38-12, a]A program participant may take [up to 2]a maximum of two general season deer within the enrollment period[and only 1]. Only one deer may be harvested in a single year.

(b) The harvest of an antlerless deer using a Dedicated Hunter permit, when permissible in the extended archery areas and seasons established in the big game guidebook, shall be considered a program harvest.

(2) Upon issue of a Dedicated Hunter permit, the participant is credited with a program harvest.

(a) [2]Twoprogram harvests are allowed within [the]anenrollment period.

(b) If program harvests are accrued during the 1st year and 2nd year of the enrollment, a permit shall not be issued for the 3 ^rdyear.

(c) In order to remove a program harvest credit, the participant[;]must:

(i) [must ]not have harvested a deer with the Dedicated Hunter permit[,];and

(ii) [must ]return the permit and attached tag, or a qualifying affidavit[for duplication] as proof of non-harvest to a Division office. A handling fee may be assessed for processing an affidavit.

 

R657-38-12. Dedicated Hunter Permits.

(1) Pursuant to Sections 23-19-24 and 23-19-26 person must have a valid Utah hunting or combination license to [be issued]apply for or obtain a big game permit.

(a) Except as provided in subsection (b), a permit may not be issued if the participant does not possess a valid hunting or combination license at the time of permit issuance.

(b) A valid hunting or combination license is not required to obtain a permit in the first year of the enrollment period, provided the participant possessed a valid license when applying for the Dedicated Hunter certificate of registration.

(2) The participant must have a valid Dedicated Hunter permit in possession while hunting.

(3) Upon completion of the minimum annual requirements, a Dedicated Hunter permit may be issued. The method and dates in which the Division issues and distributes Dedicated Hunter permits shall be published on the Division's website or in the guidebook of the Wildlife Board for taking big game.

(4) The Division may exclude multiple season opportunities on specific management units due to extenuating circumstances on a portion or all of a hunt area.

(5)(a) The Division may issue a duplicate Dedicated Hunter permit pursuant to Section 23-19-10.

(b) If a participant's unused Dedicated Hunter permit and tag is destroyed, lost, or stolen prior to, or during the hunting season in which the permit is valid, a participant may obtain a duplicate. A handling fee may be assessed for the duplication.

(c) A duplicate Dedicated Hunter permit shall not be issued after the closing date of the general buck deer season.

(6)(a) A participant may surrender a Dedicated Hunter permit in accordance with Rule R657-42.

(b) A participant may not surrender a Dedicated Hunter permit once the general archery deer hunt has begun, unless the Division can verify that the permit was never in the participant's possession.

(7)(a) Lifetime license holders may participate in the program.

(b) The Lifetime license holder shall apply for a certificate of registration in the same manner as all other prospective participants.

(c) Upon joining and for the duration of enrollment in the program, the lifetime license holder agrees to temporarily forego any rights to receive a lifetime license buck deer permit as provided in Section 23-19-17.5.

(d) A refund or credit is not issued for a forgone lifetime license permit.

 

R657-38-13. Obtaining Other Permits.

(1) Participants may not apply for or obtain any Utah general season buck deer permit, including general landowner buck deer permits, or respective preference points issued by the Division through the big game drawing, license agents, over-the-counter sales, or the internet during an enrollment period in the program.

(a) Any other Utah general season deer permit obtained is invalid and must be surrendered prior to the beginning season date [of]forthat permit. [A refund may not be issued pursuant to]Refunds are governed bySection 23-19-[3.]38.

(2)(a) Participants may apply for or obtain a limited entry [season ]buck deer permit, including CWMU, limited entry landowner, conservation, expo, and poaching reported rewards permits.

(i) [The]Alimited entry buck deer permit may be obtained without [the ]completion of the annual program requirements, but does not exempt the participant from fulfilling the minimum requirements of the entire enrollment.

(ii) [Obtaining]A person who is enrolled in the program and obtainsa limited entry buck deer permit [during the enrollment]through the Utah Big Game drawing or accepts a poaching reported reward limited entry deer permit, may request the Dedicated Hunter program enrollment period be extended one additional year. Any other method of obtaining a limited entry buck deer permitshall not extend the enrollment period, but shall take the place of one of the 3 [possible permit]enrollmentyears.

(iii) Harvest with a limited entry buck deer permit shall not be counted as a program harvest.

(b) If the participant obtains a limited entry buck deer permit and has been issued a Dedicated Hunter permit, that permit or the Dedicated Hunter permit must be surrendered as permissible by R657-38-11and R657-42.[A refund may not be issued pursuant to Section 23-19-38.]

(i) A participant who obtains a limited entry buck deer permit may only use that permit in the prescribed area and season listed on the permit. Dedicated Hunter privileges are not [transferred]extendedto that permit.

(ii) [The]Alimited entry buck deer permit may not be obtained if the Dedicated Hunter permit has been in possession of the participant during any open portion of the general buck deer season.

(3)(a) Participants may apply for or obtain antlerless deer permits as provided in Rule R657-5 and the guidebook of the Wildlife Board for taking big game.

(b) Except as provided in R657-38-[10,]11(1),harvest of an antlerless deer with an antlerless deer permit shall not be considered a program harvest.

 

R657-38-14. Certificate of Registration Surrender.

(1) A participant may [surrender a ]formally request withdrawal from the Dedicated Hunter program by surrendering the Dedicated Hunter certificate of registration pursuant to R657-[42-4]42, provided the participant [has not been issued 2 Dedicated Hunter permits in which hunting may have occurred.

(a) if a participant has been issued the 1st permit, the participant must have completed a minimum of 10 service hours prior to an allowable surrender. ]meets the surrender requirements and does not have a program record indicating two harvests within the enrollment period.

(a) A participant who has not possessed any permits in the program during any portion of the hunting seasons applicable to those permits , may surrender and have all requirements waived.

[(i) if the participant surrendering is physically unable to complete the minimum of 10 service hours due to injury or illness, the Division may authorize another person to fulfill the requirement in the participant's behalf.]

(b) [a participant may not surrender a certificate of registration if the participant has met the program harvest limit.]A participant who has possessed only one permit in the program during any portion of the hunting seasons applicable to that permit and not credited with a program harvest on that permit, may surrender upon completing a minimum of 11 service hours;

(c) A participant who has possessed two permits in the program during any portion of the hunting seasons applicable to those permits and credited with no more than program harvest between the permits, may surrender upon completion of a minimum of 22 service hours.

(2)[The Division may not issue a refund, except as provided in Section 23-19-38 and R657-42 and R657-38-7.

(3) If a Dedicated Hunter permit has been issued in which hunting may have occurred, the participant shall not be eligible for preference points to be reinstated upon surrender of the certificate of registration. ] The Division may reinstate preference point(s) for a participant surrendering in the first year of the enrollment period, provided the person did not possess a dedicated hunter permit during any portion of the hunting seasons applicable to the permit.

(3) "Possessed" means, for purposes of this section, that division records show a Dedicated Hunter permit was printed, mailed to or picked up by the participant, and not surrendered prior to the beginning of the general archery buck deer season.

(4)(a) Pursuant to 23-19-38, a participant who becomes ill or suffers an injury that precludes that person from using the permits or completing program requirements, may request withdrawal from the Dedicated Hunter program pursuant to R657-42 and upon furnishing verification of illness or injury from a physician.

(b) If the participant requesting withdrawal due to illness or injury has a program record indicating two harvests, the Division may waive the remaining service hours or authorize another person to fulfill the requirement in the participant's behalf.

 

R657-38-15. Certificate of Registration Suspension.

(1) The Division may suspend a Dedicated Hunter certificate of registration pursuant to Section 23-19-9 and R657-26.

(2) A certificate of registration may also be suspended if the participant:

(a) fraudulently submits a time sheet for service hours; or

(b) fraudulently completes any of the program requirements[.]; or

(c) is under [suspension of any hunting or fishing privileges in any jurisdiction during the participant's enrollment in the program.]a judicial or administrative order suspending any wildlife hunting or fishing privilege within Utah or elsewhere; or

(d) provides false information on the drawing application; or

(e) has violated the terms of any certificate of registration issued by the Division or an associated agreement.

(3) A Dedicated Hunter permit is invalid if a participant's certificate of registration is suspended.

(4) The program enrollment period shall not be extended in correlation with any suspension.

 

KEY: wildlife, hunting, recreation, wildlife conservation

Date of Enactment or Last Substantive Amendment: [March 16, 2015]2017

Notice of Continuation: October 5, 2015

Authorizing, and Implemented or Interpreted Law: 23-14-18