Agriculture and Food, Animal Industry

Section R58-20-5

Facilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 33217
Filed: 11/24/2009 04:00:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the minimum size requirement of an elk hunting park. This change has been requested by the Utah Domestic Elk Advisory Council. A change in the minimum size requirement for an elk hunting park from 300 acres to 600 contiguous fenced acres.

Summary of the rule or change:

A change in the minimum size requirement for an elk hunting park from 300 acres to 600 contiguous fenced acres.

State statutory or constitutional authorization for this rule:

• Section 4-39-106

Anticipated cost or savings to:

the state budget:

This rule change will not increase or decrease the requirement in state budget to fund the licensing and monitoring of these hunting parks.

local governments:

Local government is not involved in the enforcement of this rule.

small businesses:

A small business wanting to open a hunting park will need to have 600 acres instead of 300 acres.

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

The costs to affected individual will almost double, due to size requirement increase. It is hard to estimate how many individuals want to come into this business.

Compliance costs for affected persons:

Additional land purchase cost and fencing costs will increase.

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

It is realized that the cost for individuals wanting to open an elk hunting park will increase due to land and fencing increases, but this change was requested by the industry to reflect the need to make a better hunt experience for their clients.

Leonard M. Blackham, Commmisioner

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

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Terry Menlove at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at tmenlove@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:

01/14/2010

This rule may become effective on:

01/21/2010

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-20. Domesticated Elk Hunting Parks.

R58-20-5. Facilities.

(1) Fencing requirements established by Section 4-39-201 of the Utah Code are applicable to both domestic elk farms and hunting parks.

(2) A hunting park for domesticated elk may be no smaller than 600 fenced contiguous[300] acres, with sufficient trees, rocks, hills and natural habitat, etc. to provide cover for the animals. Hunting park owners intending to operate facilities larger than 5,000 acres must obtain prior written approval of the Elk Advisory Council, following studies, reviews or assessments, etc., which the Council may deem necessary to undertake, in order to make an informed decision.

(3) There shall be notices posted on the outside fence and spaced a minimum of every 100 yards, to notify the public that the land area is a private hunting park.

(4) Each location of a licensed facility with separate perimeter fences must have its own separate loading facility.

(5) To be licensed, the park must include a handling and isolation facility which can be accessed and operated with reasonable ease for identification and disease control purposes. An exception to this rule may be granted in cases where there is a licensed farm owned by the same individual within 50 miles of the hunting park which can be accessed in a reasonably short period of time.

 

KEY: inspections

Date of Enactment or Last Substantive Amendment: [May 4, 2004]2010

Notice of Continuation: February 23, 2009

Authorizing, and Implemented or Interpreted Law: 4-39-106