DAR File No. 38169

Natural Resources, Wildlife Resources

Rule R657-12

Hunting and Fishing Accommodations for People with Disabilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 38169
Filed: 12/10/2013 01:02:47 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 divisions' administrative rules.

Summary of the rule or change:

Provisions are being amended to this rule to make the requirements for using crossbows, draw-locks and magnifying scopes on muzzleloaders when hunting big game during the any weapon season consistent with Rule R657-5, Taking Big Game.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

This amendment brings consistency with the crossbow, draw-locks and magnifying scopes restrictions between this rule and Rule R657-5. The Division of Wildlife Resources (DWR) has determined that this amendment may not create a cost or savings impact to the division's budget or the state budget.

local governments:

This amendment brings consistency with the crossbow, draw-locks and magnifying scopes restrictions between this rule and Rule R657-5. 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 brings consistency with the crossbow, draw-locks and magnifying scopes restrictions between this rule and Rule R657-5. The amendment does not impose any additional requirements on small businesses and will not generate a cost or savings impact to small businesses.

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

This amendment brings consistency with the crossbow, draw-locks and magnifying scopes restrictions between this rule and Rule R657-5. The amendment does not impose any additional requirements on other persons and will not generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment brings consistency with the crossbow, draw-locks and magnifying scopes restrictions between this rule and Rule R657-5. 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 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:

01/31/2014

This rule may become effective on:

02/07/2014

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.

 

R657-12-8. 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, small game or carp during the respective archery, any weapon hunting, or fishing seasons as provided in the applicable 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)] comply with the requirements in R657-5-11(6), except a crossbow used to hunt turkey, waterfowl, or small game may have 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 a:

(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.

(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.

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

(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.

 

R657-12-9. Telescopic Sights.

(1) A person who has a permanent vision impairment leaving them with worse than 20/40 corrected visual acuity in the better eye may receive a Certificate of Registration to use telescopic sights when otherwise prohibited by the rules and proclamations of the Wildlife Board; if in the professional opinion of the eye care provider telescopic sights will sufficiently mitigate the effects of the disability to enable the person to:

(a) adequately discern between lawful and unlawful wildlife species and species genders; and

(b) safely discharge a firearm or bow in the field.

(2) A person with a qualified vision impairment may obtain a Certificate of Registration from the Division to use telescopic sights, when otherwise prohibited, by submitting a signed statement [by]from a licensed ophthalmologist, optometrist or physician verifying that:

(a) the applicant has a permanent vision impairment resulting in worse than 20/40 corrected visual acuity in the better eye; and

(b) telescopic sights will sufficiently mitigate the effects of the vision impairment to enable the applicant to:

(i) adequately discern between lawful and unlawful wildlife species and species genders; and

(ii) safely discharge a firearm or bow in the field.

 

KEY: wildlife, wildlife law, disabled persons

Date of Enactment or last Substantive Amendment: [April 23, 2013]2014

Notice of Continuation: September 10, 2012

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