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DAR File No. 32718

This filing was published in the 07/01/2009, issue, Vol. 2009, No. 13, of the Utah State Bulletin.

Natural Resources, Wildlife Resources

R657-6

Taking Upland Game

NOTICE OF PROPOSED RULE

DAR File No.: 32718
Filed: 06/09/2009, 07:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the upland game program as approved by the Wildlife Board.

Summary of the rule or change:

The proposed revisions to the above listed rule remove all references to the process and procedure for obtaining sandhill crane, swan, sharp-tail and sage grouse permits. All application procedures are now outlined in Rule R657-62 Drawing Application Procedures.

State statutory or constitutional authorization for this rule:

Sections 23-14-18 and 23-14-19

Anticipated cost or savings to:

the state budget:

None--This amendment only moves the drawing application procedure to a different rule, it does not make any changes to the process; therefore, the Division of Wildlife Resources (DWR) determines that the proposed changes to the rule do not create a cost or savings impact to the state budget or DWR's budget and can be carried out with current personnel and budget.

local governments:

None--Since this amendment has no impact on individual hunters or the local governments, the division finds that this ruling 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 and persons other than businesses:

This amendment places the application process and procedure for swan, sandhill crane, sharp-tail and sage grouse permits issued by the Division into the same rule (Rule R657-62) to reduce repetition in many rules and therefore does not have the potential to generate a cost or savings impact to sportsmen or 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 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:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-6. Taking Upland Game.

R657-6-4. Permits for Band-tailed Pigeon, Sage-grouse, Sharp-tailed Grouse and White-tailed Ptarmigan.

(1)(a) A person may not take or possess:

(i) Band-tailed Pigeon without first obtaining a Band-tailed Pigeon permit;

(ii) Sage-grouse without first obtaining a Sage-grouse permit;

(iii) Sharp-tailed Grouse without first obtaining a Sharp-tailed Grouse permit; or

(iv) White-tailed Ptarmigan without first obtaining a White-tailed Ptarmigan permit.

(b) A person may obtain only one permit for each species listed in Subsection (1)(a), except a falconer with a valid Falconry Certificate of Registration may obtain one additional two-bird Sage-grouse permit beginning on the date published in the proclamation of the Wildlife Board for taking upland game, if any permits are remaining.

(2)(a) A limited number of two-bird Sage-grouse permits are available in the areas published in the proclamation of the Wildlife Board for taking upland game.

(b) A Sage-grouse permit may only be used in one of the open areas as published in the proclamation of the Wildlife Board for taking upland game.

(c) Sage-grouse permits will be issued [on a first-come, first-served basis beginning on the date published in the proclamation of the Wildlife Board for taking upland game free of charge.]pursuant to R657-62-21.

[(d) Sage-grouse permit request forms must be submitted with a handling fee.

](3)(a) A limited number of two-bird, Sharp-tailed Grouse permits are available.

(b) A Sharp-tailed Grouse permit may only be used in one of open areas as published in the proclamation of the Wildlife Board for taking upland game.

(c) Sharp-tailed Grouse permits will be issued [on a first-come, first-served basis beginning on the date published in the proclamation of the Wildlife Board for taking upland game free of charge.]pursuant to R657-62-21.

([d) Sharp-tailed Grouse permit request forms must be submitted with a handling fee.

(]4)[(a)] Band-tailed Pigeon and White-tailed Ptarmigan permits are available from Division offices, through the mail, and through the Division's Internet address by the first week in August, free of charge.[

(5) Sage-grouse, Sharp-tailed Grouse, Band-tailed Pigeon and White-tailed Ptarmigan permit forms are available from Division offices and through the Division's Internet address.]

 

R657-6-5. Application Procedure for Sandhill Crane.

[(1)(a) Applications will be available through the Division's internet address. Applications must be submitted online by the date prescribed in the proclamation of the Wildlife Board for taking upland game.](1)(a) Sandhill Crane permits will be issued pursuant to R657-62-20.

(b) Residents and nonresidents may apply.

(c) The application period for Sandhill Crane is published in the proclamation of the Wildlife Board for taking upland game.

(2) [If an error is found on the application, the applicant may be contacted for correction.

(3) Group applications for Sandhill Crane will not be accepted.

(4)(a) ]A person may obtain only one Sandhill Crane permit each year.[

(b) A person may not apply more than once annually.

(5) Each application must include:

(a) a nonrefundable handling fee; and

(b) the hunting or combination license fee, if it has not yet been purchased.

(6) A hunting or combination license may be purchased before applying, or the hunting or combination license will be issued upon successful drawing results. Fees must be submitted with the application.

(7) The posting date of the drawing results is published in the proclamation of the Wildlife Board for taking upland game.

(8) Any permits remaining after the drawing are available on a first-come, first-served basis beginning on the date published in the proclamation of the Wildlife Board for taking upland game.

(9) To apply for a resident permit or license, a person must establish residency at the time of purchase.

(10) The posting date of the drawing shall be considered the purchase date of a permit.

(11)(a) An applicant may withdraw their application for the Sandhill Crane Drawing by requesting such in writing by the date published in the proclamation of the Wildlife Board for taking upland game.

(b) The applicant must send their notarized signature with a statement requesting that their application be withdrawn to the Salt Lake Division office.

(c) An applicant may reapply in the Sandhill Crane Drawing provided:

(i) the original application is withdrawn;

(ii) the new application is submitted with the request to withdraw the original application;

(iii) both the new application and request to withdraw the original application are received by the initial application deadline; and

(iv) both the new application and request to withdraw the original application are submitted to the Salt Lake Division office.

(d) Handling fee will not be refunded.

(12)(a) An applicant may amend their application for the Sandhill Crane Drawing by requesting such in writing by the initial application deadline.

(b) The applicant must send their notarized signature with a statement requesting that their application be amended to the Salt Lake Division office.

(c) The applicant must identify in their statement the requested amendment to their application.]

 

KEY: wildlife, birds, rabbits, game laws

Date of Enactment or Last Substantive Change: [August 21, 2008]2009

Notice of Continuation: July 8, 2005

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19

 

 

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact 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

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

Last modified:  07/14/2009 6:56 PM