DAR File No. 32300

Natural Resources, Wildlife Resources

R657-17-4

General Deer Permits and Tags

NOTICE OF PROPOSED RULE

DAR File No.: 32300
Filed: 01/13/2009, 09:58
Received by: NL

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 big game program, which directly affects the Lifetime Hunting and Fishing License program.

Summary of the rule or change:

The proposed revisions to the above listed rule: 1) change the application process to an online/paperless process, and 2) make technical corrections for consistency and accuracy.

State statutory or constitutional authorization for this rule:

Section 23-19-17.5

Anticipated cost or savings to:

the state budget:

The reason for this rule amendment is to maintain consistency with all Division of Wildlife Resources (DWR) application processes, so the amendment does not create a cost or savings impact to the state budget or DWR's budget. Although there may be some additional programming costs the amendments will not create any cost or savings impact to the state budget or DWR's budget. Any additional work will be carried out with existing budget.

local governments:

Since this amendment simply addresses a change in the process by which a lifetime license holder selects their region, 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 and persons other than businesses:

Since Lifetime Licenses are no longer available for purchase, DWR determines that this amendment does not create a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment requires a lifetime license holder to complete an online survey in order to obtain their deer tag. A phone number has been established to help those lifetime license holders who simply cannot access a computer so DWR determines that there are no additional compliance costs for affected persons associated with this amendment.

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 stacicoons@utah.gov

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:

03/03/2009

This rule may become effective on:

03/10/2009

Authorized by:

James F Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-17. Lifetime Hunting and Fishing License.

R657-17-4. General Deer Permits and Tags.

(1)(a) The division shall send a reminder postcard to each lifetime licensee, who is eligible to hunt big game, prior to the beginning of the annual bucks, bulls and once-in-a-lifetime application period as prescribed in the proclamation of the Wildlife Board for taking big game.

(b) The lifetime licensee shall, prior to the end of the annual bucks, bulls and once-in-a-lifetime application period[:

(i) ] complete and submit an online Lifetime Questionnaire through the division's web site[; or

(ii) complete and submit a paper Lifetime Questionnaire to the address indicated on the questionnaire.

(iii) Blank questionnaires are available online at the division's web site or from any division office].

(2)(a) Except as provided in Subsection (e) and Subsection (f), the division may not issue a permit to any lifetime licensee who was given reasonable notice of the deadline as provided in Subsection (1)(b) and fails to submit a complete and accurate Lifetime Questionnaire to the division.

(b) If an error is found [on the Lifetime Questionnaire, submitted online or through the mail, the lifetime licensee may receive a correction letter. Corrections by the lifetime licensee can only be made using the personalized and numbered correction letter. Corrections must be mailed to the address on the correction letter and received no later than the date indicated on the letter. The opportunity to correct an error is not guaranteed.

(c) ]The division reserves the right to:

(i) contact the lifetime licensee to correct the error; or

(ii) correct the lifetime licensee's choice of general deer permits without sending a correction letter.

(d) If the division is unable to contact the lifetime licensee and correct the error, the lifetime licensee may not receive a permit, except as provided in Subsection (f).

(e) The director or his designee may issue a permit to a lifetime licensee who did not receive reasonable notice of the deadline as provided in Subsection (1)(a).

(f) If a lifetime licensee fails to submit a Lifetime Questionnaire by the deadline as provided in Subsection (1)(b), the lifetime licensee may obtain an available general deer permit on the date these permits are made available over-the-counter to the general public.

(3) As used in this section "reasonable notice" means that a reminder[ postcard] was sent within a reasonable time before the deadline as provided in Subsection (1)(b) to the most recent address given to the division by the lifetime licensee.

(4) Lifetime licensees shall receive a letter from the division confirming the information received on the Lifetime Questionnaire.

(5) Lifetime licensees must notify the division of any change of mailing address, residency, address, telephone number, physical description, or driver's license number.

(6)(a) Lifetime licensees may apply for or obtain general deer preference points or permits through the big game general buck deer drawing as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game, provided the lifetime licensee waives their choice of general deer permits as provided in Subsection R657-17-3(2) and the region in which the lifetime licensee chooses to hunt.

(b) If a lifetime licensee applies for and does not obtain a general deer permit through the big game general buck deer drawing, the lifetime licensee may only obtain an available general deer permit on the date these permits are made available over-the-counter to the general public.

 

KEY: wildlife, game laws, hunting and fishing licenses

Date of Enactment or Last Substantive Change: [August 7, 2007]2009

Notice of Continuation: November 21, 2005

Authorizing, and Implemented or Interpreted Law: 23-19-17.5; 23-19-40; 23-19-11