DAR File No. 38170

Natural Resources, Wildlife Resources

Rule R657-38

Dedicated Hunter Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 38170
Filed: 12/10/2013 01:06:20 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 division's Dedicated Hunter Program.

Summary of the rule or change:

The proposed revisions to the above listed rule: 1) remove outdated language; 2) simplify sentence structure and reduces redundancy; 3) reorganize rule sections; 4) clarify portions of the rule that were in conflict with other sections; 5) allow Dedicated Hunters who have completed the third year of the program to pay or provide service for incomplete service hours; 5) change a COR expiration date from December 31 to the final day of the general deer season; 6) incorporate a new definition of "youth": 7) set the criteria for when a surrendered COR merits a reinstatement of a preference point; 8) clarify the options for a participant to receive a poaching reported reward permit; and 9) adjust the annual service hour requirement distribution.

State statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

These amendments can be implemented with relatively few programming changes and thus the Division of Wildlife Resources (DWR) determines that these amendments do 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 these amendments will impact individual participants in the dedicated hunter program and not the local governments, this should have no effect on them. 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 clarifies the requirements needed to successfully participate in the program but does not require an increase in requirements therefore, the division determines that the amendments do 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 clarifies the requirements needed to successfully participate in the program but does not require an increase in requirements therefore, the division determines that the amendments do not have the potential to generate a cost or savings impact to other persons.

Compliance costs for affected persons:

DWR determines that these amendments are program clarifications that will not create additional savings or costs for those who wish to participate in the program. Participation is voluntary and the rule amendments do not create a cost or savings impact to individuals who choose to participate in the dedicated hunter program.

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.

R657-38. Dedicated Hunter Program.

R657-38-1. Purpose and Authority.

(1) Under the authority of Section 23-14-18, this rule provides the standards and requirements for qualified deer hunters to participate in the Dedicated Hunter Program by obtaining a certificate of registration.

(2) The Dedicated Hunter Program is a program that provides[ the opportunity for participants to]:

(a) [increase the opportunity for recreational general deer hunting, while the division regulates harvest;]expanded hunting opportunities;

(b) [increase participation in wildlife conservation]opportunities to participate in projects that are beneficial to wildlife[ conservation and the division]; and

(c) [complete the wildlife conservation and ethics course to learn about]education in hunter ethics[, public input processes] and wildlife [conservation philosophies and strategies]management principles.

 

R657-38-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2.

(2) In addition:

(a[) "Dedicated Hunter Program orientation course" means a course of instruction provided by the division outlining the organization, structure and requirements of the Dedicated Hunter Program.

(b]) "Dedicated Hunter Permit" means a general buck deer permit issued to a participant in the Dedicated Hunter Program, which authorizes the participant to hunt deer during the general archery, general muzzleloader and general any weapon open seasons in the [unit]hunt area specified on the permit.

([c]b) "Hunt area" means an area prescribed by the Wildlife Board where general archery, general muzzleloader and general any weapon deer hunting is open to permit holders for taking deer.

([d]c) "Participant" means a person who has remitted the appropriate fee and has been issued a Dedicated Hunter certificate of registration[ for].

(d) "Program" means the Dedicated Hunter Program[.]

(e) "Program[" means the Dedicated Hunter Program, a program administered by the division as provided in this rule.

(f) "Program] harvest" means [tagging a deer with]using a Dedicated Hunter permit to tag a harvested deer or failing to return [the]a Dedicated Hunter permit with[ the] attached[, unused]kill tag, while enrolled in the program.

([g]f) ["Program requirements" mean the Dedicated Hunter Program orientation course as provided in Section R657-38-9, the wildlife conservation and ethics course as provided in Section R657-38-10, wildlife conservation projects as provided in Section R657-38-11, and returning an unused Dedicated Hunter permit and attached tag as provided in Subsection R657-38-13(1).

(h) "Wildlife Conservation and Ethics course" means a course of instruction provided by the division on hunter ethics, public input processes and wildlife conservation philosophies and strategies.

(i) "Wildlife conservation project" means a project designed by the division, or any other individual or entity and pre-approved by the division,]"Wildlife conservation project" means any project that provides wildlife habitat protection or enhancement, improves hunting or fishing access, [or other conservation projects or activities that benefit wildlife] or directly benefits [the division.]wildlife or the Division's current needs and is pre-authorized by the Division.

[ (j) "Wildlife conservation project manager" means an employee of the division, or person approved by the division, responsible for supervising a wildlife conservation project and participating volunteers, and maintaining and reporting records of service hours to the division.

]

R657-38-3. [Certificate]Dedicated Hunter Certificates of Registration[ Required.]

(1)(a) To [participate]become a participant in the program a person must apply for, obtain, and sign a Dedicated Hunter certificate of registration[ issued by the division through the Big Game Application as prescribed in the guidebook of the Wildlife Board for taking big game]. A participant is not required to have the Dedicated Hunter certificate of registration on their person while hunting.

(b) [Each unit may not exceed the specified percentage of]Certificates of registration are issued by the Division through a drawing as prescribed in the guidebook of the Wildlife Board for taking big game and R657-62.

(c) Certificates of registration are valid for 3 consecutive years, except as provided by R657-38-(10), beginning on the date the big game drawing results are released and ending on the last day of the general season hunt for the 3rd year of enrollment.

(d) The number of Dedicated Hunter certificates of registration [for the program at any given time. The percentages shall be prescribed by the Wildlife Board in the guidebook for taking big game.]is limited to 15% of the total annual general season quota for each perspective hunt area.

([c]i) Certificates of registration [are issued through a division]remaining unissued from the Dedicated Hunter portion of the big game drawing shall be redistributed as general single-season permits for their respective hunt areas in the general buck deer drawing.

[(d) Each prospective participant must submit an online application provided by the division after completing the Dedicated Hunter Program orientation course before the division may issue the certificate of registration for the program.

(e) A certificate of registration to participate in the program shall only be issued during the application period as prescribed in the guidebook of the Wildlife Board for taking big game.

](2) The [division]Division may deny[issuing], suspend, or revoke a Dedicated Hunter certificate of registration[ to a person] for any of the following reasons:

(a) The drawing application[ is incomplete or] contains false information[.];

(b) The person, at the time of application, or during the program enrollment, is under a judicial or administrative order suspending any wildlife hunting or fishing privilege within Utah or elsewhere;

(c) The person has violated the terms of any certificate of registration issued by the [division]Division or an associated agreement.

([d]3) [The person has ever had a Dedicated Hunter certificate of registration suspended by the division.

(3) Prospective participants who have been]A person under any wildlife suspension may not apply for [the program]a certificate of registration until their suspension period has ended.

(4) [Each certificate of registration is valid for three consecutive general deer hunting seasons, except as provided in subsections (13) and (14).

(5)(a) Any person who is 12 years of age or older may obtain a certificate of registration. A person 11 years of age may obtain a certificate of registration if the date of that person's 12th birthday falls in the calendar year the certificate of registration is issued. A person may not use a permit to hunt big game before their 12th birthday.

(b) Any person who is 17 years of age or younger before the beginning date of the annual general archery deer hunt shall pay the youth participant fees.

(c) Any person who is 18 years of age or older on or before the beginning date of the annual general archery deer hunt shall pay the adult participant fees.

(6)] A certificate of registration authorizes the participant [an opportunity to receive annually]to use a Dedicated Hunter permit to hunt deer within the area listed on the permit, during the general archery, general muzzleloader and general any legal weapon buck deer hunts[. The Dedicated Hunter permit may be used during]according to the dates and[ within the hunt area] boundaries established by the Wildlife Board. When available, the certificate of registration may also authorize hunting within the general archery extended area during the extended season dates.

[ (7)(a) Except as provided in Subsections (b), R657-38-12(3)(a), and R657-38-12(6), a participant using a Dedicated Hunter permit may take two deer within three years of enrollment, and only one deer in any one year as provided in Rule R657-5.

(b) Participants entering or re-entering the Dedicated Hunter Program shall be subject to any changes subsequently made in this rule during the three-year term of enrollment, unless a variance is authorized by the division.

(c) The harvest of an antlerless deer using a Dedicated Hunter permit, as authorized under specific hunt choice areas during the general archery deer hunt, shall be considered a program harvest.

(8) The certificate of registration must be signed by the participant. The certificate of registration is not valid without the required signature.

(9) The participant and holder of the certificate of registration must have a valid Dedicated Hunter permit in possession while hunting. A participant is not required to have the Dedicated Hunter certificate of registration in possession while hunting.

(10) The division may issue a duplicate Dedicated Hunter certificate of registration pursuant to Section 23-19-10.

(11) Certificates of registration are not transferable and shall expire at the end of a participant's third consecutive general deer hunting season.

(12)(a) The program requirements set forth in Sections R657-38-10, and R657-38-11 may be waived annually if the participant provides evidence of leaving the state for a minimum period of one year during the enrollment period for religious or educational purposes.

(b) If the participant requests that the program requirements be waived in accordance with Subsection (a), and the request is granted, the participant shall not receive a Dedicated Hunter permit for the year in which the program requirements were waived.

(13)(a) A participant who is a member of the United States Armed Forces or public health or public safety organization and who is mobilized or deployed on order in the interest of national defense or emergency may request that their enrollment in the program be suspended for the period of their mobilization or deployment.

(14)(a) A participant who is a member of the United States Armed Forces or public health or public safety organization and who is mobilized or deployed on order in the interest of national defense or emergency may request that the requirements set forth in Sections R657-38-10, R657-38-11, be extended or satisfied as provided in Subsections (b) through (d).

(b) The program requirement set forth in Section R657-38-10 may be extended to the second or third year of their program enrollment.

(i) extended to the third year in the program if the participant is currently in the second year of the program; and

(ii) waived in the third year of the program if the participant remains mobilized or deployed and is unable to reasonably meet the requirement.

(c) The program requirement set forth in Section R657-38-11 may be considered satisfied by a participant that is prevented from completing the requirement due to the mobilization or deployment.

(d) A participant must provide evidence of the mobilization or deployment.

(15) A refund for the Dedicated Hunter certificate of registration may not be issued, except as provided in Section 23-19-38.2. Any refund will be issued pro rata based on the number of hunting seasons actually participated in during the three-year enrollment period.

] (5) The participant's hunt area, issued through the drawing, shall remain the same for the duration of that program enrollment period.

(6) Participants of the program shall be subject to any changes subsequently made in this rule during the term of enrollment, unless a variance is authorized by the Division.

 

R657-38-4. [Dedicated Hunter Drawing]Applications for Certificates of Registration.

(1) [Applications are available through the division's Internet site.

(2) A person may not submit more than one application in the Dedicated Hunter drawing in any one year.

(3)(a) Applications must be submitted online by the date prescribed in the guidebook of the Wildlife Board for taking big game.

(b) If an error is found on an application, the applicant may be contacted for correction.

(4) Only a resident may apply for or obtain a resident certificate of registration and only a nonresident may apply for or obtain a nonresident certificate of registration.

(5) To apply for a resident certificate of registration, a person must establish residency at the time of purchase.

(6) The posting date of the drawing shall be considered the purchase date of a certificate of registration.

(7) Applicants shall be notified by email of drawing results by the date published in the guidebook of the Wildlife Board for taking big game.

(8) Group applications are accepted. Up to four applicants may apply as a group.

(9)(a) An applicant may withdraw their application for the Dedicated Hunter Program drawing by the date published in the guidebook of the Wildlife Board for taking big game.

(b) Handling fees will not be refunded.

(10) An applicant may withdraw and resubmit their application for the Dedicated Hunter Program certificate of registration drawing by the date published in the guidebook of the Wildlife Board for taking big game.

(11)(a) Effective January 1, 2012 all current Dedicated Hunter Program participants must select a general season hunting unit prior to the Big Game application period as established by the Wildlife Board in the guidebook for taking big game.

(b) Any current Dedicated Hunter Program participant who fails to select a general season hunting unit prior to the Big Game application period as established by the Wildlife Board in the guidebook for taking big game will be assigned a unit in the participants region of choice from the previous year.

(i) The division shall make every reasonable attempt to contact each current Dedicated Hunter Program participant for the purpose of selecting a general season hunting unit.

 

R657-38-5. Dedicated Hunter Application Fees.

The handling fees and certificate of registration fees must be paid pursuant to Rule R657-42-8(5).

 

R657-38-6. Dedicated Hunter Application Refunds.

(1) The handling fees are nonrefundable.

(2) Unsuccessful applicants will not be charged for a certificate of registration.]Application to obtain a Dedicated Hunter certificate of registration is pursuant to R657-62-16

(a) Applicants must meet all age requirements and proof of hunter education and license requirements pursuant to Sections 23-19-11, 23-19-22, 23-19-24, and 23-19-26.

(i) Any person who is 12 years of age or older may apply for a Dedicated Hunter certificate of registration.

(ii) A person 11 years of age may apply for or obtain a Dedicated Hunter certificate of registration if that person's 12th birthday falls in the calendar year the certificate is issued. A person may not hunt big game prior to their 12th birthday.

 

R657-38-[7.]5. Dedicated Hunter Preference Point System.

(1) [Preference points are used in the Dedicated Hunter certificate of registration drawing to ensure that applicants who are unsuccessful in the drawing will have first preference in the next year's drawing.]Dedicated Hunter Preference points are issued pursuant to R657-62-10.

 

R657-38-6. Fees.

(1) Any person who is 17 years of age or younger on July 31st of the application year shall pay the youth participant fees.

(2) [A preference point is awarded for:

(a) each valid unsuccessful application;

(b) each valid application when applying only for a preference point in the dedicated hunter drawing.]Any person who is 18 years of age or older on July 31st of the application year shall pay the adult participant fees.

(3)[(a) A person may not apply in the drawing for both a preference point and a certificate of registration.

(b) A person may not apply for a preference point if that person is ineligible to apply for a certificate of registration.] Lifetime License holders shall pay a reduced fee as authorized by the annual fee schedule.

(4) [Preference points are forfeited if a person obtains a certificate of registration]A participant who enters the program as a Utah resident and becomes a nonresident, shall be changed to a nonresident status and may be issued a nonresident permit at no additional charge for the remainder of the three-year enrollment period.[through the drawing.]

[(5)(a) Preference points are not transferable.

(b) Preference points shall only be applied to the Dedicated Hunter drawing.

(c) A person may accumulate preference points.

(6) Preference points are averaged and rounded down to the nearest whole point when two or more applicants apply together on a group application.

(7)(a) Preference points are tracked using social security numbers or division-issued customer identification numbers.

(b) The division shall retain copies of electronic applications from 2011 to the current applicable drawing for the purpose of researching preference point records.

(c) Any requests for researching an applicant's preference point records must be requested within the time frames provided in Subsection (b).

(d) Any preference points on the division's records shall not be researched beyond the time frames provided in Subsection (b).

(e) The division may eliminate any preference points earned that are obtained by fraud, deceit or misrepresentation.

 

R657-38-8. Dedicated Hunter Permits.

(1)(a) Participants may hunt during the general archery, general muzzleloader and general any weapon deer hunts within the hunt area and during the season dates prescribed in the guidebook of the Wildlife Board for taking big game.

(b) The division may exclude multiple season opportunities on specific deer management units due to extenuating circumstances on that specific unit.

(2)(a) Participants must designate a unit hunt choice during the Dedicated Hunter application period.

(b) The unit hunt choice shall remain in effect for the duration of the Dedicated Hunter certificate of registration.

(3)(a) Participants must notify the division of any change of mailing address in order to receive a Dedicated Hunter permit by mail.

(b) A participant who enters the program as a resident and becomes a nonresident, or claims residency outside of Utah shall be issued a nonresident permit at no additional charge for the remainder of the three-year enrollment period.

]([c]5) A participant who enters the program as a nonresident and becomes a Utah resident[, or claims residency in Utah], shall be changed to a resident status and may be issued a resident permit with no reimbursement of the higher nonresident fee for the remainder of the three-year enrollment period.

[(4)(a) Dedicated Hunter permits may be issued through the mail prior to the beginning of the general archery deer hunt, and only upon evidence that the participant has completed all program requirements and possesses a Utah hunting or combination license. For the purposes of meeting the requirement of 23-19-24(2) the application period for a Dedicated Hunter deer permit will be considered to be the application period for the big game permits. Any Dedicated Hunter who does not have a valid hunting license during this application period must obtain one before a Dedicated Hunter deer permit will be issued.

(b) Participants completing program requirements may obtain their Dedicated Hunter permit over-the-counter from any division office after the remaining general season deer permits become available to the public as listed in the guidebook of the Wildlife Board for taking big game.

(5) A Dedicated Hunter permit may not be issued to any participant who:

(a) does not complete the program requirements;

(b) violates the terms of this rule or the Dedicated Hunter certificate of registration;

(c) does not possess a current and or valid Utah hunting or combination license.

(6)(a) The division may issue a duplicate Dedicated Hunter permit pursuant to Section 23-19-10.

(b) If a participant's unused Dedicated Hunter permit and tag is destroyed, lost, or stolen a participant may complete an affidavit verifying the permit was destroyed, lost, or stolen in order to obtain a duplicate. A fee to duplicate the permit and tag may apply.

(c) A duplicate Dedicated Hunter permit shall not be issued after the closing date of the general any weapon buck deer hunt. However, a participant may complete an affidavit and submit the affidavit for program reporting purposes as required in Section R657-38-13(1).

(7)(a) A participant may surrender a Dedicated Hunter permit in accordance with Rule R657-42.

(b) A participant may not surrender a Dedicated Hunter permit once the general archery deer hunt has begun, unless the Division can verify that the permit was never in the participant's possession.

(8)(a) Lifetime license holders may participate in the program.

(b) The lifetime license holder agrees to forego any rights to receive a lifetime license buck deer permit for the general archery, general muzzleloader or general any weapon deer hunts as provided in Section 23-19-17.5.

(c) A refund or credit is not issued for the lifetime license general archery, general muzzleloader or general any weapon permit.

]

R657-38- [9. Dedicated Hunter Program Orientation Course.

(1)(a) The division shall provide an annual Dedicated Hunter Program orientation course.

(b) Prior to applying for the program, and obtaining a certificate of registration, a prospective participant must complete the Dedicated Hunter Program orientation course.

(2) The Dedicated Hunter Program orientation course shall explain the program to give a prospective participant a reasonable understanding of the program.

(3) The Dedicated Hunter Program orientation course is available through the division's Internet site.

(4)(a) Evidence of completion of the Dedicated Hunter Program orientation course shall be provided to the prospective participant upon completion of the Dedicated Hunter Program orientation course.

(b) Certificates of registration shall not be issued without the prospective participant having completed the Dedicated Hunter Program orientation course.

(c) The division shall keep a record of all participants who complete the Dedicated Hunter Program orientation course.] 7. Refunds.

(1) A refund for the Dedicated Hunter certificate of registration may not be issued, except as provided in Section 23-19-38.2 and R657-42.

(2) Any eligible refund will be issued pro rata, based on the number of years in which any portion of a hunt was participated in during the enrollment period.

(3) Drawing application fees are nonrefundable.

 

[R657-38-10.]R657-38-8. Wildlife Conservation and Ethics Course[.] Requirement.

(1) Prior to obtaining the first Dedicated Hunter permit [while in]ofthe program, a participant must complete the wildlife conservation and ethics course.

(2[) The wildlife conservation and ethics course shall explain hunter ethics, public input processes, and wildlife conservation philosophies and strategies.

(3]) The wildlife conservation and ethics course is available through the [division]Division's Internet site.

([4]3) The [division]Division shall keep a record of all participants who complete the wildlife conservation and ethics course.

 

R657-38-[ 11. Wildlife Conservation Projects.]9. Service Hour Requirement.

(1[) Each]a) Except as provided in R657-38-14, each participant in the program shall provide a [total]minimumof 32 hours of service as a volunteer on [a wildlife conservation project as provided in Subsections (a) and (b), or pay the approved fee for each hour not completed as provided in Subsection (c)]Division approved wildlife conservation projects.

([a) A participant must provide no fewer than eight hours of service before obtaining the first Dedicated Hunter Permit.

(b) A participant must provide an additional sixteen hours of service prior to receiving the second Dedicated Hunter Permit.

(c) A participant must provide the remaining balance of hours of service prior to November 1 of the third-year in the program.

(d) If a participant fails to complete all third year required service hours by November 1 after having been issued permits in years one and two, the value of the final hours must be paid in full prior to applying in any division drawings.]i) A participant may obtain a permit in the 1st year of the program without having provided service hours.

(ii) A participant must have completed a minimum of 16 service hours prior to receiving a Dedicated Hunter permit in the 2nd year of the program.

(iii) A participant must have completed a minimum of 16 additional service hours prior to receiving a Dedicated Hunter permit in the 3rd year of the program.

(b) If the participant fails to have the minimum of 32 hours completed at the expiration of the 3rd year, the participant will be ineligible to apply for or obtain any permits until the remaining hours have been paid for or completed.

(i) After a certificate of registration has expired, incomplete service hours may be completed through Division approved wildlife conservation projects or by payment at the hour buyout rate.

([e]c) Residents may not purchase more than 24 of the 32total required service hours. Nonresidents may purchase all of the 32 total required service hours.

[(f) Goods or services may be provided to the division in lieu of hours of service.

](d) If a participant fails to fulfill the wildlife conservation project requirements in any year of participation, the participant shall not be issued a Dedicated Hunter permit for that year.

(2) Wildlife conservation projects may be designed by the Division, or any other individual or entity, but must be pre-approved by the Division.

([g]a) Goods or services provided to the [division]Divisionfor wildlife conservation projects by a participant may be, at the discretion of the [division]Division, substituted for service hours based upon current market values for the goods or services, and using the approved hourly service buyout rate when applying the credit.

[(2) Wildlife conservation projects shall be designed by the division, or any other individual or entity and shall be pre-approved by the division.

(3)(a) Wildlife conservation projects may occur anytime during the year as determined by the division.]

(i) Goods or material donations that are specifically requested and accepted by the Division may be considered as service project hours.

(b) The [division]Divisionshall publicize the dates, times, locations and description of approved wildlife conservation projects and activities on the [division]Division's Internet site.

[(4)(a) Service hours completed in any given year may be carried over to the following years, however excess service hours shall not be carried over to any year outside of the three-year enrollment period.

(b) Dedicated Hunter permits issued to participants within three weeks prior to the opening date of the general archery deer hunt annually, shall be issued over-the-counter at division offices.

(5) A participant may request a receipt from the wildlife conservation project manager showing service hours worked on the wildlife conservation project.

(6)(a) If a participant fails to fulfill the wildlife conservation project requirement in any year of participation, as required under Subsection (4), the participant shall not be issued a Dedicated Hunter permit for that year.

](3) Service hours must be completed within the enrollment period.

(a) Service hours exceeding the 32 hour minimum shall not be applicable beyond the enrollment period and shall not be applied to subsequent certificate of registrations.

(4) Participants are required to perform their own service hours.

(a) Service hours are not transferrable to other participants or certificates of registration.

 

R657-38-10. Service Hour Exceptions and Program Extension.

(1) The program service hour requirements may be waived on an annual basis if;

(a) The participant provides evidence of leaving the state for a minimum period of one year during the enrollment period for religious or educational purposes.

(i) If the participant requests that the program service hour requirements be waived, and the request is granted, the participant shall not receive a Dedicated Hunter permit for the year in which the program requirements were waived

(b) The participant is a member of the United States Armed Forces or public health or public safety organization and is mobilized or deployed on order in the interest of national defense or emergency

(2) A person who is a member of the United States Armed Forces or public safety organization that is mobilized or deployed may request;

(a) That the remainder of their program enrollment period be postponed until return from their period of mobilization or deployment;

(b) [The participant may obtain a Dedicated Hunter Permit for subsequent years upon completion of the wildlife conservation project program requirements due or payment of the fee in lieu thereof.]That the program requirements be postponed into a subsequent year of the enrollment

([7) The Volunteer Service Program Coordinator shall keep a record of all participants who attend wildlife conservation projects and the number of service hours worked.]c) That the program service hour requirements be waived if the participant is prevented from completing the requirements due to the mobilization or deployment.

(A) The participant must provide evidence of the mobilization or deployment period.

(B) The Division shall determine a pro rata schedule in which the service hour requirements waived correlate with the term length of the deployment or mobilization.

 

R657-38-11. Allowable Harvest and Permit Return Requirements.

(1)(a) Except as provided in section R657-38-12, a program participant may take up to 2 deer within the enrollment period and only 1 deer may be harvested in a single year.

(b) The harvest of an antlerless deer using a Dedicated Hunter permit, when permissible in the extended archery areas and seasons established in the big game guidebook, shall be considered a program harvest.

(2) Upon issue of a Dedicated Hunter permit, the participant is credited with a program harvest.

(a) 2 program harvests are allowed within the enrollment

(b) If program harvests are accrued during the 1st year and 2nd year of the enrollment, a permit shall not be issued for the 3 ^rd year.

(c) In order to remove a program harvest credit, the participant;

(i) must not have harvested a deer with the Dedicated Hunter permit, and

(ii) must return the permit and attached tag, or a qualifying affidavit for duplication as proof of non-harvest to a Division office. A handling fee may be assessed for processing an affidavit.

 

R657-38-12. Dedicated Hunter Permits.

(1) Pursuant to Sections 23-19-24 and 23-19-26 person must have a valid Utah hunting or combination license to be issued a big game permit.

(2) The participant must have a valid Dedicated Hunter permit in possession while hunting.

(3) Upon completion of the minimum annual requirements, a Dedicated Hunter permit may be issued. The method and dates in which the Division issues and distributes Dedicated Hunter permits shall be published on the Division's website or in the guidebook of the Wildlife Board for taking big game.

(4) The Division may exclude multiple season opportunities on specific management units due to extenuating circumstances on a portion or all of a hunt area.

(5)(a) The Division may issue a duplicate Dedicated Hunter permit pursuant to Section 23-19-10.

(b) If a participant's unused Dedicated Hunter permit and tag is destroyed, lost, or stolen prior to, or during the hunting season in which the permit is valid, a participant may obtain a duplicate. A handling fee may be assessed for the duplication.

(c) A duplicate Dedicated Hunter permit shall not be issued after the closing date of the general buck deer season.

(6)(a) A participant may surrender a Dedicated Hunter permit in accordance with Rule R657-42.

(b) A participant may not surrender a Dedicated Hunter permit once the general archery deer hunt has begun, unless the Division can verify that the permit was never in the participant's possession.

(7)(a) Lifetime license holders may participate in the program.

(b) The Lifetime license holder shall apply for a certificate of registration in the same manner as all other prospective participants.

(c) Upon joining and for the duration of enrollment in the program, the lifetime license holder agrees to temporarily forego any rights to receive a lifetime license buck deer permit as provided in Section 23-19-17.5.

(d) A refund or credit is not issued for a forgone lifetime license permit.

 

R657-38-13. Obtaining Other Permits.

(1) Participants may not apply for or obtain any general season buck deer permit, including general landowner buck deer permits, or respective preference points issued by the [division]Division through the big game drawing, license agents, over-the-counter sales, or the [Internet]internet during [the three-year period of]an enrollment period in the program.

(a) Any general season deer permit obtained [in addition to the Dedicated Hunter permit becomes]is invalid and must be surrendered prior to the beginning date of [the general archery deer hunt]that permit. A refund may not be issued pursuant to Section 23-19-[38]3.

(2) (a) Participants may [not] apply for or obtain [general landowner buck deer permits as provided under Rule R657-43.]a limited entry season buck deer permit, including CWMU, limited entry landowner, conservation, convention, and poaching rewards permits.

[(3)(a) Participants may apply for or obtain any other non general season buck deer permit as provided in Rule R657-5 and the guidebook of the Wildlife Board for taking big game.

](i) [harvest of a]The limited entry buck deer [with a permit obtained pursuant to Subsection (a) shall not be considered a program harvest.]permit may be obtained without the completion of the annual program requirements, but does not exempt the participant from fulfilling the minimum requirements of the entire enrollment.

(ii) Obtaining a limited entry buck deer permit during the enrollment shall not extend the enrollment period, but shall take the place of one of the 3 possible permit years.

([ii) participants are not required to complete program requirements prior to obtaining a permit pursuant to Subsection (a).]iii) Harvest with a limited entry buck deer permit shall not be counted as a program harvest.

(b) If the participant obtains [any other]a limited entry buck deer permit[,]and has been issued a Dedicated Hunter permit, that permit orthe Dedicated Hunter permit [becomes invalid and the participant must surrender the Dedicated Hunter permit prior to the opening day of the general archery deer hunt.]must be surrendered as permissible by R657-38-11and R657-42. A refund may not be issued pursuant to Section 23-19-38.

([c]i) [If the]A participant who obtains [any other]a limited entrybuck deer permit [the participant] may only use [the]that permit[ only] in the prescribed area [during the]andseason[ dates] listed on the permit.  Dedicated Hunter privileges are not transferred to that permit.

([d) Participants who obtain a cooperative wildlife management unit deer permit may hunt only within those areas identified on the permit and only during the dates determined by the cooperative wildlife management unit landowner or operator.

(4) Participants must have a valid permit in their possession while hunting.

(5) Obtaining any other buck deer permit does not authorize a participant to take an additional deer.

(6)(a) Participants may apply for or obtain antlerless deer permits as provided in Rule R657-5 and the guidebook of the Wildlife Board for taking big game.

(b) Antlerless permits do not count against the number of permits issued pursuant to this program.

(c) Harvest of an antlerless deer as provided in the guidebook of the Wildlife Board for taking big game shall not be considered a program harvest.

 

R657-38-13. Reporting Requirements.

(1)(a) A participant must return the unused Dedicated Hunter permit and attached tag, or an affidavit as provided in Section R657-38-8(6)(c), to a division office by March 15 annually.

(b) The division shall credit a program harvest to any participant who fails to return the unused Dedicated Hunter permit and attached tag, or an affidavit as provided in Section R657-38-8(6)(c).]ii) The limited entry buck deer permit may not be obtained if the Dedicated Hunter permit has been in possession of the participant during any open portion of the general buck deer season.

([i) An unused Dedicated Hunter permit and attached tag, or an affidavit as provided in Subsection R657-38-8(6)(c) will be accepted and the credited program harvest removed.]3)(a) Participants may apply for or obtain antlerless deer permits as provided in Rule R657-5 and the guidebook of the Wildlife Board for taking big game.

[(ii) A participant who returns an unused Dedicated Hunter permit after March 15, and who is credited with a second program harvest, is only eligible to obtain a Dedicated Hunter permit for an available unit if permits remain after the big game drawing and must obtain the Dedicated Hunter permit over-the-counter at a division office.

(iii) If there are no permits remaining after the big game drawing, additional Dedicated Hunter permits shall not be issued.

(2)(a) The division may contact participants to gather annual harvest information and hunting activity information.

(b) Participants are expected to provide harvest information and hunting activity information if contacted by the division.

](b) Except as provided in R657-38-10, harvest of an antlerless deer with an antlerless deer permit shall not be considered a program harvest.

 

R657-38-14. Certificate of Registration Surrender.

(1) A participant [who has obtained]may surrender a Dedicated Hunter certificate of registration [may surrender the certificate of registration to a division office]pursuant to R657-42-4 provided the participant [does not have two program harvests and the participant has not been issued a permit in years one and two.]has not been issued 2 Dedicated Hunter permits in which hunting may have occurred.

(a) if a participant has been issued the 1st permit, the participant must have completed a minimum of 10 service hours prior to an allowable surrender.

(i) if the participant surrendering is physically unable to complete the minimum of 10 service hours due to injury or illness, the Division may authorize another person to fulfill the requirement in the participant's behalf.

(b) a participant may not surrender a certificate of registration if the participant has met the program harvest limit.

(2) The [division]Division may not issue a refund, except as provided in Section 23-19-38 and [Section R657-38-3(15).]R657-42 and R657-38-7.

(3) If a Dedicated Hunter permit has been issued in which hunting may have occurred, the participant shall not be eligible for preference points to be reinstated upon surrender of the certificate of registration.

 

R657-38-15. Certificate of Registration Suspension.

(1) The [division]Division may suspend a Dedicated Hunter certificate of registration pursuant to Section 23-19-9 and R657-26.

(2) A certificate of registration may also be suspended if the participant[fraudulently]:

(a) fraudulently submits a time sheet for service hours; or

(b) fraudulently completes [a wildlife conservation and ethics course]any of the program requirements.

([3) A certificate of registration may be suspended if the participant is under a judicial or administrative]c) is under suspension [order suspending]of any[wildlife] hunting or fishing [privilege within Utah or elsewhere.

(4) A certificate of registration is invalid if the participant's big game hunting] privileges [are suspended ]in any jurisdiction during the participant's enrollment in the program.

([5]3) A Dedicated Hunter permit is invalid if a participant's certificate of registration is suspended.

(4) The program enrollment period shall not be extended in correlation with any suspension.

 

KEY: wildlife, hunting, recreation, wildlife conservation

Date of Enactment or Last Substantive Amendment: [January 10, 2012]2014

Notice of Continuation: November 1, 2010

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