Natural Resources, Wildlife Resources

Rule R657-55

Wildlife Convention Permits

Notice of Proposed Rule

(Amendment)

DAR File No.: 34303
Filed: 12/13/2010 03:09:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources' (DWR) rule pursuant to convention permits.

Summary of the rule or change:

The proposed revision to the above listed rule establishes the procedure which allows for a member of the armed forces to meet the requirements to validate their application at the convention.

State statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This amendment establishes procedures that will allow those members of the armed forces who are deployed and can not physically validate their applications during the convention to do so. DWR determines that this amendment does 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 this amendment only establishes the procedures that will allow a member of the armed forces to validate their application at the wildlife convention this should have little to no effect on the local government. 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:

This amendment establishes the procedures that will allow a member of the armed forces to validate their application at the wildlife convention, it does not have the potential to increase the cost to small businesses. Therefore, this amendment does 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 establishes the procedures that will allow a member of the armed forces to validate their application at the wildlife convention, it does not have the potential to increase the cost to individuals. Therefore, this amendment does 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 costs for members of the armed forces wishing to validate their application at the wildlife convention. Therefore, the rule amendment does not create a cost or savings impact to individuals.

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

This rule does 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 [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:

01/31/2011

This rule may become effective on:

02/07/2011

Authorized by:

James Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-55. Wildlife Convention Permits.

R657-55-1. Purpose and Authority.

(1) Under the authority of Sections 23-14-18 and 23-14-19 of the Utah Code, this rule provides the standards and requirements for issuing wildlife convention permits.

(2) Wildlife convention permits are authorized by the Wildlife Board and issued by the division to a qualified conservation organization for purposes of generating revenue to fund wildlife conservation activities and attracting a regional or national wildlife convention to Utah.

(3) The selected conservation organization will conduct a random drawing at a convention held in Utah to distribute the opportunity to receive wildlife convention permits.

(4) This rule is intended as authorization to issue one series of wildlife convention permits per year beginning in 2012 through 2016 to one qualified conservation organization.

 

R657-55-5. Hunter Application Procedures.

(1) Any hunter legally eligible to hunt in Utah may apply for a wildlife convention permit except that only a nonresident of Utah may apply for a special nonresident convention permit.

(2) Any handling fee assessed by the conservation organization to process applications shall not exceed $5 per application submitted at the convention.

(3) (a) Except as provided in Subsection (3)(b), [A]applicants must validate their application in person at the wildlife convention to be eligible to participate in the random drawing process, for wildlife convention permits, and no person may submit an application in behalf of another.

(b) An applicant that is a member of the United States Armed Forces and unable to attend the wildlife convention as a result of being deployed or mobilized in the interest of national defense or a national emergency is not required to validate their application in person; provided convention administrators are furnished a copy of the written deployment or mobilization orders and the orders identify:

(i) the branch of the United States Armed forces from which the applicant is deployed or mobilized;

(ii) the location where the applicant is deployed or mobilized;

(iii) the date the applicant is required to report to duty; and

(iv) the nature and length of the applicant's deployment or mobilization.

(c) The conservation organization shall maintain a record, including copies of military orders, of all applicants that are not required to validate their applications in person pursuant to Subsection (3)(b), and submit to a Division audit of these records as part of its annual audit under R657-55-4(8)(f).

(4) Applicants may apply for each individual hunt for which they are eligible.

(5) Applicants may apply only once for each hunt, regardless of the number of permits for that hunt.

(6) Applicants must submit an application for each desired hunt.

(7) Applicants must possess a current Utah hunting or combination license in order to apply for a permit.

(8) The conservation organization shall advertise, accept, and process applications for wildlife convention permits and conduct the drawing in compliance with this rule and all other applicable laws.

 

KEY: wildlife, wildlife permits

Date of Enactment or Last Substantive Change: [August 9, 2010]2011

Notice of Continuation: May 26, 2010

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