DAR File No. 37225

Natural Resources, Wildlife Resources

Rule R657-12

Hunting and Fishing Accommodations for People with Disabilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 37225
Filed: 01/24/2013 12:56:39 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) administrative rules.

Summary of the rule or change:

Provisions are being amended to this rule to: 1) set the limited entry turkey hunt season extension for qualifying disabled sportsmen; 2) allow the use of cross-bows by disabled anglers to take carp; and 3) reduce the required level of disability for a veteran with disabilities to receive a season fishing license at a reduced price from 40% to 20%.

State statutory or constitutional authorization for this rule:

• Section 23-19-36
• Section 23-14-18
• Section 23-19-1
• Section 63G-3-201
• Section 23-20-12

Anticipated cost or savings to:

the state budget:

This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. Due to the increase of persons qualifying for a discounted license, DWR has determined that this amendment may create a cost or savings impact to the division's budget or the state budget depending on the increased number of qualifying veterans.

local governments:

This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments.

small businesses:

This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. The amendment does not impose any additional requirements on small businesses but will generate a cost or savings impact to qualifying disabled veterans.

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

This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. The amendment does not impose any additional requirements on other persons but will generate a cost or savings impact to qualifying disabled veterans.

Compliance costs for affected persons:

This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. There are not any additional compliance costs associated with this amendment.

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 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:

03/18/2013

This rule may become effective on:

03/25/2013

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-12. Hunting and Fishing Accommodations for People With Disabilities.

R657-12-1. Purpose and Authority.

Under authority of Sections 23-14-18, 23-19-1, 23-19-36, 23-20-12 and 63G-3-201, this rule provides the standards and procedures for a person with disabilities to:

(1) obtain a certificate of registration for taking wildlife from a vehicle;

(2) obtain a fishing license as authorized under Section 23-19-36(1);

(3) obtain a certificate of registration to participate in companion hunting;

(4) obtain a certificate of registration to receive a limited entry season extension;

(5) obtain a certificate of registration to receive a general deer or elk season extension;

(6) obtain a certificate of registration to hunt with a crossbow or draw-lock; or

(7) obtain a certificate of registration to use telescopic sights on a weapon when otherwise prohibited.

 

R657-12-7. Special Season Extension for Disabled Persons - General Deer, Elk and Wild Turkey Hunts.

(1) A person may obtain a Certificate of Registration from a division office to hunt an extended general deer, elk or wild turkey season as provided in Subsection (2), provided the person requesting the extension:

(a) is blind, quadriplegic, upper extremity disabled, paraplegic, or otherwise permanently disabled so as to be permanently confined to a wheelchair or the use of crutches, or who has lost either or both lower extremities;

(b) satisfies the hunter education requirements as provided in Section 23-19-11 and Rule R657-23; and

(c) obtains the appropriate license, permit and tag.

(2)(a) The extended general deer season may include:

(i) a hunt immediately preceding the general any weapon buck deer season opening date published in the [proclamation]guidebook of the Wildlife Board for taking big game;

(A) the extension may not apply to general any weapon deer hunts with season length restrictions.

(b) The extended general spike bull elk season may occur five days after the general season spike bull elk hunt published in the [proclamation]guidebook of the Wildlife Board for taking big game.

(c) The extended general any bull elk season may occur concurrently with the general youth any bull elk hunt published in the [proclamation]guidebook of the Wildlife Board for taking big game.

(d) The extended general wild turkey season may occur [during the following dates;]seven days prior to the limited entry turkey hunt season as published in the guidebook of the Wildlife Board for taking Upland Game and Wild Turkey.

[ (i) April 2 through April 4 2010;

(ii) April 1 through April 3 2011; and

(iii) March 30 through April 1 2012.

] (3) The division shall accept the following as evidence of disability:

(a) obvious physical impediment;

(b) use of any mobility device described in Section R657-12-2(2)(b);

(c) a signed statement by a licensed ophthalmologist, optometrist, or a physician verifying the person is blind as defined under Section R657-12-2(2)(a); or

(d) a signed statement by a licensed physician verifying the person is quadriplegic, upper extremity disabled as defined under Section R657-12-2(2)(d), paraplegic, or otherwise permanently disabled so as to be permanently confined to a wheelchair or the use of crutches, or has lost either or both lower extremities.

 

R657-12-8. Crossbows and Draw-Locks.

(1)(a) A person who has a permanent physical impairment due to injury or disease, congenital or acquired, which renders the person so severely disabled as to be unable to use conventional archery equipment may receive a certificate of registration to use a crossbow or draw-lock to hunt big game, cougar, bear, turkey, waterfowl[ or], small game or carp during the respective archery[ or], any weapon hunting , or fishing seasons as provided in the applicable [proclamations]guidebooks of the Wildlife Board for taking protected wildlife.

(b) The division shall accept the following as evidence of eligibility to use a crossbow or draw-lock:

(i) obvious physical disability, as provided in Subsection (1)(a), demonstrating the applicant is eligible to use a crossbow or draw-lock; or

(ii) provides a physician's statement confirming the disability as defined in Subsection (1)(a).

(2)(a) Any crossbow used to hunt big game, cougar, bear, turkey, waterfowl or small game must have:

(i) a stock that is at least 18 inches long;

(ii) a minimum draw weight of 125 pounds for big game, bear and cougar, or 60 pounds for turkey, waterfowl and small game;

(iii) a draw length that is at least 18 inches from the front of the crossbow to the back of the string in a cocked position; and

(iv) a positive safety mechanism.

(b) Arrows or bolts used must be:

(i) at least 18 inches long; and

(ii) must have a broadhead with two or more sharp cutting edges that cannot pass through a 7/8 inch ring for big game, cougar, bear or turkey.

(3 )(a) Any crossbow or drawlock used to hunt carp must have:

(i) A reel with line capable of tethering the bolt to restrict the flight distance; and

(ii) A positive safety mechanism.

(4) The following equipment or devices may not be used:

(a) arrows with chemically treated or explosive arrowheads;

(b) a bow with an attached electronic range finding device; or

(c) a bow with an attached telescopic sight, except as provided in R657-12-9.

([4]5) Arrows or bolts carried in or on a vehicle where a person is riding must be in an arrow quiver or a closed case.

[(5)](6) A drawn and cocked crossbow or bow with a draw-lock may not be carried in or on a vehicle.

([6]7) Conventional bows equipped with a draw-lock and used to hunt big game must conform with the minimum draw weights, and arrow and broadhead restrictions contained in R657-5.

 

R657-12-10. Fishing Licenses for Veterans with Disabilities.

(1) A resident who has a service-connected disability of [40]20% or more and is not eligible to fish without a license under Section 23-19-14 or to receive a free fishing license under Section 23-19-36 may purchase a discounted 365-day fishing license upon furnishing verification of a service-connected disability and paying the fee established in the approved fee schedule.

(a) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof and the Army and Air National Guard of the United States.

(b) "Service-connected disability" means injury or illness incurred or aggravated:

(i) while in Armed Forces service; and

(ii) that is recognized by the United States Department of Veterans Affairs or by a branch of the Armed Forces.

(c) "Verification of Service-Connected Disability" means an official written letter, statement, or card issued by the Department of Veterans Affairs or by a branch of the Armed Forces certifying that the person has a service-connected disability with a disability rating of [40]20% or higher.

(2) The discount provided in this section on the purchase of a fishing license does not apply to combination licenses.

(3) Veteran fishing licenses shall be issued at division offices and may be issued by mail, online or at license agents. The purchaser may be required to complete an affidavit of the service-connected disability at the time of purchase.

 

KEY: wildlife, wildlife law, disabled persons

Date of Enactment or last Substantive Amendment: [August 23, 2011]2013

Notice of Continuation: September 10, 2012

Authorizing, and Implemented or Interpreted Law: 23-20-12; 63G-3-201