DAR File No. 37097

Natural Resources, Wildlife Resources

Rule R657-37

Cooperative Wildlife Management Units for Big Game or Turkey

Notice of Proposed Rule

(Amendment)

DAR File No.: 37097
Filed: 12/10/2012 02:02:25 PM

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 establish the guideline for when September 1 falls on a Sunday to have the hunt start date default to the Saturday before. As established in Subsection 23-14-18(3) "The Wildlife Board may allow a season on protected wildlife to commence on any day of the week except Sunday".

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 which day a season will begin on when September 1 falls on a Sunday. 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 as to when a hunt season will start when September 1 falls on a Sunday. DWR determines that these amendments do not create a cost or savings impact to small businesses.

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 the DWR as to when a hunt season will start when September 1 falls on a Sunday. The 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 determining when a hunt season will start when September 1 falls on a Sunday. 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:

01/31/2013

This rule may become effective on:

02/07/2013

Authorized by:

Cindee Jensen, Deputy Director

R657. Natural Resources, Wildlife Resources.

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

R657-37-1. Purpose and Authority.

(1) Under authority of Section 23-23-3, this rule provides the standards and procedures applicable to Cooperative Wildlife Management units organized for the hunting of big game or turkey.

(2) Cooperative Wildlife Management units are established to:

(a) increase wildlife resources;

(b) provide income to landowners;

(c) provide the general public access to private and public lands for hunting big game or turkey within a Cooperative Wildlife Management Unit;

(d) create satisfying hunting opportunities; and

(e) provide adequate protection to landowners who open their lands for hunting;

(f) provide landowners an incentive to manage lands to protect and sustain wildlife habitat and benefit wildlife.

 

R657-37-12. Season Lengths.

(1) A landowner association member or landowner association operator may arrange for permittees to hunt on the CWMU during the following dates:

(a) an archery buck deer season may be established beginning with the opening of the general archery deer season through August 31 and during the sixty-one consecutive day buck deer season;

(b) an archery bull elk season may be established beginning with the opening of the general archery elk season through October 31 and during a bull elk season variance;

(c) general season bull elk, pronghorn, and moose seasons may be established September 1 through October 31, or the closing date of the general season for the respective species, whichever is later;

(d)(i) general buck deer seasons may be established for no longer than sixty-one consecutive days from September 1 through November 10;

(ii) a landowner association member or landowner association operator electing to establish buck deer hunting in November must:

(A) meet the CWMU management plan objectives;

(B) not exceed average hunter density exhibited on the surrounding deer wildlife management units;

(C) provide positive hunter satisfaction; and

(D) maintain a harvest success rate at least equal to the surrounding deer wildlife management units;

(E) designate the CWMU's sixty-one consecutive day season in the application, or if the sixty-one day consecutive season is not designated the season shall begin September 1;

(F) allow all public hunters the option to hunt in November;

(e) muzzleloader bull elk seasons may be established September 1 through the end of the general muzzleloader elk season and during a bull elk season variance;

(f) antlerless elk seasons may be established August 15 through January 31;

(g) antlerless deer seasons may be established August 15 through December 31; and

(h) turkey seasons may be established the second Saturday in April through May 31.

(2) The Wildlife Board may authorize bull elk hunting season variances only if the CWMU landowner association member or landowner association operator clearly demonstrates that November hunting is necessary on the CWMU.

(3) Notwithstanding the season length provisions in this section, any season described in Subsection (1) that begins on a Sunday will default to and commence the Saturday before.

 

KEY: wildlife, cooperative wildlife management unit

Date of Enactment or Last Substantive Amendment: [February 8, 2010]2013

Notice of Continuation: May 8, 2008

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