File No. 33272

This rule was published in the January 1, 2010, issue (Vol. 2010, No. 1) of the Utah State Bulletin.


Natural Resources, Wildlife Resources

Section R657-37-9

Permit Allocation

Notice of Proposed Rule

(Amendment)

DAR File No.: 33272
Filed: 12/15/2009 08:54:14 AM

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 Cooperative Wildlife Management Unit (CWMU) program for big game.

Summary of the rule or change:

The proposed amendment to this rule will allow a landowner association to donate a CWMU voucher that has not been redeemed during the previous year to donate that voucher to a 501(c)(3) tax exempt organization providing certain criteria are met. The criteria is outlined in Subsections R657-37-9(10)(a), (b), and (c).

State statutory or constitutional authorization for this rule:

  • Section 23-23-3

Anticipated cost or savings to:

the state budget:

The amendments to this rule are for the purpose of clarification for both the CWMU operators and the Division of Wildlife Resources (DWR) as to when a voucher can be donated and to what type of group. The DWR determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--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:

The amendments to this rule are for the purpose of clarification for both the CWMU operators and DWR pertaining to the donation of CWMU vouchers to tax exempt groups. DWR determines that these amendments do not create a cost or savings impact to small business.

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

The amendments to this rule are for the purpose of clarification for both the CWMU operators and DWR pertaining to the donation of CWMU vouchers to tax exempt groups. DWR determines that these amendments do not create a cost or savings impact to other persons.

Compliance costs for affected persons:

The amendments to this rule are for the purpose of clarification of donating CWMU vouchers to tax exempt groups, for both the CWMU operators and DWR. DWR determines that there are no additional compliance costs associated with these amendments.

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

The amendments to this rule are for the purpose of clarification for both the CWMU operators and DWR. DWR determines that there is no compliance costs associated with this amendment.

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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-37. Cooperative Wildlife Management Units for Big Game or Turkey.

R657-37-9. Permit Allocation.

(1) The division shall issue CWMU permits for hunting big game or turkey to permittees:

(a) qualifying through a drawing conducted for the general public as defined in Subsection R657-37-2(2)(c); or

(b) named by the landowner association member or landowner association operator.

(2) A landowner association member or landowner association operator shall be issued vouchers that may be used to purchase hunting permits from division offices.

(3) The division and the landowner association member must, in accordance with Subsection (4), determine:

(a) the total number of permits to be issued for the CWMU; and

(b) the number of permits that may be offered by the landowner association member to the general public as defined in Subsection R657-37-2(2)(c).

(4)(a) Big game permits may be allocated using an option from:

(i) table one for moose and pronghorn; or

(ii) table two for elk and deer.

(b) During a three year management plan period, permit allocations for moose permits available in the public draw will not drop below 40% for bull moose and 60% for antlerless moose.

([b]c) At least one buck or bull permit or at least 10% of the bucks or bulls permits, whichever is greater, must be made available to the general public through the big game drawing process.

([c]d) Permits shall not be issued for spike bull elk.

([d]e) Turkey permits shall be allocated in a ratio of fifty percent to the CWMU and fifty percent to the general public, with the public receiving the extra permit when there is an odd number of total permits.

 

TABLE 1


     MOOSE AND PRONGHORN
     Cooperative Wildlife Management Unit's Share
       Option           Bucks/Bulls   Does/Antlerless
         
         1                 60%              40%

     Public's Share
        Option          Bucks/Bulls   Does/Antlerless
          
          1                40%              60%

 

 

TABLE 2


     ELK AND DEER
     Cooperative Wildlife Management Unit's Share
        Option          Bucks/Bulls         Antlerless
          1                90%               0%
          2                85%              25%
          3                80%              40%
          4                75%              50%

     Public's Share
        Option         Bucks/Bulls          Antlerless
          1               10%               100%
          2               15%                75%
          3               20%                60%
          4               25%                50%

 

(5)(a) The landowner association member or landowner association operator must meet antlerless harvest objectives established in the CWMU management plan under subsection R657-37-4(3)(a)(ii).

(b) Failure to meet antlerless harvest objectives based on a three year average may result in discipline under section R657-37-14.

(6) A landowner association member or landowner association operator must provide access free of charge to any person who has received a CWMU permit through the general public big game or turkey drawings, except as provided in Section 23-23-11.

(7) If the division and the landowner association member disagree on the number of permits to be issued, the number of permits allocated, or the method of take, the Wildlife Board shall make the determination based on the biological needs of the big game or turkey populations, including available forage, depredation, and other mitigating factors.

(8) A CWMU permit entitles the holder to hunt the species and sex of big game or turkey specified on the permit and only in accordance with the certificate of registration and the rules and proclamations of the Wildlife Board.

(9) Vouchers for antlerless permits may be designated by a landowner association member to any eligible person as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game, and Rule R657-42.

(10)(a) If a landowner association has a CWMU voucher that is not redeemed during the previous year, a landowner association may donate that voucher to a 501(c)(3) tax exempt organization, provided the following conditions are satisfied:

(i) The voucher donation is approved by the Wildlife Board prior to transfer;

(ii) No more than one voucher is donated per year by a landowner association;

(iii) The voucher is donated for a charitable cause, and the landowner association does not receive compensation or consideration of any kind other than tax benefit; and

(iv) The recipient of the voucher is identified prior to obtaining the Wildlife Board's approval for the donation.

(b) A CWMU voucher approved for donation under this section may be extended no more than one year.

(c) The division must be notified in writing and the donation completed before April 1st the year the CWMU voucher is to be redeemed.

([10]11)(a) A complete list of the current CWMUs, and number of big game or turkey permits available for public drawing shall be published in the respective proclamations of the Wildlife Board for taking big game or turkey.

(b) The division reserves the exclusive right to list approved CWMUs in the proclamations of the Wildlife Board for taking big game or turkey. The division may unilaterally decline to list a CWMU in the proclamation where the unit is under investigation for wildlife violations, a portion of the property comprising the CWMU is transferred to a new owner, or any other condition or circumstance that calls into question the CWMUs ability or willingness to allow a meaningful hunting opportunity to all the public permit holders that would otherwise draw out on the public permits.

 

KEY: wildlife, cooperative wildlife management unit

Date of Enactment or Last Substantive Amendment: [November 21, 2007]2010

Notice of Continuation: May 8, 2008

Authorizing, and implemented or Interpreted Law: 23-23-3

 


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.