DAR File No. 38600

Natural Resources, Wildlife Resources

Rule R657-6

Taking Upland Game

Notice of Proposed Rule

(Amendment)

DAR File No.: 38600
Filed: 06/12/2014 02:30:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the upland game program as approved by the Wildlife Board.

Summary of the rule or change:

The proposed revisions to the above listed rule: 1) add American Crow as a migratory game bird; 2) correct species identifications; 3) add draw locks and cross bows as legal weapons for the taking of upland game; 4) set the criteria for use of dogs on wildlife management areas; 5) make updates to the list of waterfowl management areas; and 6) make technical corrections.

State statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

None--This amendment addresses basic housekeeping issues, it does not make any changes that would impact workload or process therefore, the Division of Wildlife Resources (DWR) determines that the proposed changes to the rule do not create a cost or savings impact to the state budget or DWR's budget and can be carried out with current personnel and budget.

local governments:

None--Since this amendment has no negative impact on individual hunters or the local governments, the division finds that this amendment does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

This amendment cleans up some language issues, as well as clarifies the use of dogs on waterfowl management areas and therefore 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 cleans up some language issues, as well as clarifies the use of dogs on waterfowl management areas and therefore does not have the potential to generate a cost or savings impact to sportsmen or other persons.

Compliance costs for affected persons:

This amendment cleans up some language issues, as well as clarifies the use of dogs on waterfowl management areas and therefore, DWR determines that this amendment will not create additional costs for those who participate in wildlife-related activities in Utah.

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 [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:

07/31/2014

This rule may become effective on:

08/07/2014

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-6. Taking Upland Game.

R657-6-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19 and in accordance with 50 CFR 20, 2004 edition, which is incorporated by reference, the Wildlife Board has established this rule for taking upland game.

(2) Specific season dates, bag and possession limits, areas open, number of permits and other administrative details that may change annually are published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

 

R657-6-2. Definitions.

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

(2) In addition:

(a) "Bait" means shelled, shucked or unshucked corn, wheat or other grain, salt or other feed that lures, attracts or entices birds.

(b) "CFR" means the Code of Federal Regulations.

(c) "Falconry" means the sport of taking quarry by means of a trained raptor.

(d) "Landowner" means any individual, family or corporation who owns property in Utah and whose name appears on the deed as the owner of eligible property or whose name appears as the purchaser on a contract for sale of eligible property.

(e) "Migratory game bird" means, for the purposes of this rule, [Mourning Dove, White]American crow, mourning dove, white-winged [Dove] dove, [Band]band-tailed [Pigeon]pigeon, and Sandhill [Crane]crane.

(f) "Transport" means to ship, carry, export, import, receive or deliver for shipment, conveyance, carriage, exportation or importation.

(g) "Upland game" means pheasant, quail, [Chukar Partridge, Hungarian Partridge, Sage-grouse, Ruffed Grouse, Blue Grouse, Sharp-tailed Grouse]chukar partridge, gray partridge, greater sage-grouse, ruffed grouse, dusky grouse, sharp-tailed grouse, cottontail rabbit, snowshoe hare, [White]white-tailed [Ptarmigan]ptarmigan, and the following migratory game birds: [Mourning Dove, White]American crow, mourning dove, white-winged [Dove]dove, [Band]band-tailed [Pigeon]pigeon, and Sandhill [Crane]crane.

 

R657-6-4. Permits for Band-tailed Pigeon, Greater Sage-grouse, Sharp-tailed Grouse and White-tailed Ptarmigan.

(1)(a) A person may not take or possess:

(i) Band-tailed [Pigeon]pigeon without first obtaining a Band-tailed [Pigeon]pigeon permit;

(ii) [Sage]Greater sage-grouse without first obtaining a [Sage]Greater sage-grouse permit;

(iii) Sharp-tailed [Grouse]grouse without first obtaining a Sharp-tailed [Grouse]grouse permit; or

(iv) White-tailed [Ptarmigan]ptarmigan without first obtaining a White-tailed [Ptarmigan]ptarmigan permit.

(b) A person may obtain only one permit for each species listed in Subsection (1)(a), except a falconer with a valid Falconry Certificate of Registration may obtain one additional two-bird [Sage]Greater sage-grouse permit beginning on the date published in the guidebook of the Wildlife Board for taking upland game and wild turkey, if any permits are remaining.

(2)(a) A limited number of two-bird [Sage]Greater sage-grouse permits are available in the areas published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

(b) A [Sage]Greater sage-grouse permit may only be used in one of the open areas as published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

(c) [Sage]Greater sage-grouse permits will be issued pursuant to R657-62-[22]21.

(3)(a) A limited number of two-bird, Sharp-tailed [Grouse]grouse permits are available.

(b) A Sharp-tailed [Grouse]grouse permit may only be used in one of open areas as published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

(c) Sharp-tailed [Grouse]grouse permits will be issued pursuant to R657-62-[22]21.

(4) Band-tailed [Pigeon]pigeon and White-tailed [Ptarmigan]ptarmigan permits are available from Division offices, through the mail, and through the Division's Internet address by the first week in August, free of charge.

 

R657-6-5. Application Procedure for Sandhill Crane.

(1)(a) Sandhill [Crane]crane permits will be issued pursuant to R657-62-[22]21.

(b) Residents and nonresidents may apply.

(c) The application period for Sandhill [Crane]crane is published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

(2) A person may obtain only one Sandhill [Crane]crane permit each year.

 

R657-6-6. [Firearms and Archery Tackle ]Authorized Weapons.

(1) A person may not use any weapon or device to take upland game except as provided in this section.

(2)(a) Upland game may be taken with archery equipment, including a draw-lock, a crossbow, a shotgun no larger than 10 gauge, or a handgun. Loads for shotguns and handguns must be one-half ounce or more of shot size ranging between no. 2 and no. 8, except:

(i) migratory game birds may not be taken with a handgun, or a shotgun capable of holding more than three shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;

(ii) cottontail rabbit and snowshoe hare may be taken with any firearm not capable of being fired fully automatic; and

(iii) Sandhill [Crane]crane may be taken with any size of nontoxic shot.

[(b) Crossbows are not legal archery equipment for taking upland game, except as provided in Rule R657-12.

](3) A person may not use:

(a) a firearm capable of being fired fully automatic; or

(b) any light enhancement device or aiming device that casts a visible beam of light.

 

R657-6-7. Nontoxic Shot.

(1) Only nontoxic shot may be used to take Sandhill [Crane]crane.

(2) Except as provided in Subsection (3), nontoxic shot is not required to take any species of upland game, except Sandhill [Crane]crane.

(3) A person may not possess or use lead shot or any other shot that has not been approved by the U.S. Fish and Wildlife Service while on federal refuges or the following state waterfowl or wildlife management areas: Bicknell Bottoms, Blue Lake, Brown's Park, Clear Lake, Desert Lake, Farmington Bay, Harold S. Crane, Howard Slough, Locomotive Springs, Manti Meadows, Mills Meadows, Ogden Bay, Powell Slough, Public Shooting Grounds, Salt Creek, Scott M. Matheson Wetland Preserve, Stewart Lake, and Timpie Springs.

 

R657-6-8. Use of Firearms, Crossbows and Archery Tackle on State Wildlife Management Areas.

(1) A person may not possess a firearm, a crossbow, or archery tackle, except during the specified hunting seasons or as authorized by the Division on the following wildlife management areas: Bear River Trenton Property Parcel, Browns Park, Bud Phelps, [Castle Dale, ]Huntington, James Walter Fitzgerald, [Mallard Springs]Kevin Conway, Manti Meadows, Montes Creek, Nephi, Pahvant, Redmond Marsh, Roosevelt, Scott M. Matheson Wetland Preserve, Stewart Lake, Vernal, and Willard Bay.

(2) The firearm restrictions set forth in this section do not apply to a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed firearm to hunt or take wildlife.

 

R657-6-9. Use of Firearms, Crossbows, and Archery Tackle on State Waterfowl Management Areas.

(1) A person may not possess a firearm, crossbow or archery tackle, except during the specified waterfowl hunting seasons or as authorized by the Division on the following waterfowl management areas: Bicknell Bottoms, Blue Lake, Browns Park, Clear Lake, Desert Lake, Farmington Bay, Harold S. Crane, Howard Slough, Locomotive Springs, Mills Meadows, Ogden Bay, Powell Slough, Public Shooting Grounds, Salt Creek, [and]Stewart Lake, Timpie Springs, and Topaz.

(2) During the waterfowl hunting seasons, a shotgun is the only firearm that may be held in possession.

(3) The firearm restrictions set forth in this section do not apply to a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed firearm to hunt or take wildlife.

 

R657-6-10. Shooting Hours.

(1)(a) Except as provided in Subsection (b), shooting hours for upland game are as follows:

(i) [Band]American crow, band-tailed [Pigeon, Mourning Dove, White]pigeon, mourning dove, white-winged [Dove]dove, and Sandhill [Crane]crane may be taken only between one-half hour before official sunrise through official sunset.

(ii) [Sage]Greater sage-grouse, [Ruffed Grouse, Blue Grouse, Sharp-tailed Grouse, White-tailed Ptarmigan, Chukar Partridge, Hungarian Partridge]ruffed Grouse, dusky grouse, sharp-tailed grouse, white-tailed ptarmigan, chukar partridge, gray partridge, pheasant, quail, cottontail rabbit, and snowshoe hare may be taken only between one-half hour before official sunrise through one-half hour after official sunset.

(b) A person must add to or subtract from the official sunrise and sunset depending on the geographic location of the state. Specific times are provided in a time zone map in the guidebook of the Wildlife Board for taking upland game and wild turkey.

(2) A person may not discharge a firearm on state owned lands adjacent to the Great Salt Lake, state waterfowl management areas or on federal refuges between official sunset through one-half hour before official sunrise.

 

R657-6-11. State Parks.

(1) Hunting of any wildlife is prohibited within the boundaries of all state park areas, except those areas designated open to hunting by the Division of Parks and Recreation in Rule R651-614-4.

(2) Hunting with rifles and handguns in park areas designated open is prohibited within one mile of all park facilities including buildings, camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches.

(3) Hunting with shotguns, crossbow, or archery tackle is prohibited within one quarter mile of the above stated areas.

 

R657-6-12. Falconry.

(1)(a) Falconers must obtain an annual hunting or combination license and a valid falconry certificate of registration or license to hunt upland game and must also obtain:

(b) a Band-tailed [Pigeon]pigeon permit before taking Band-tailed [Pigeon]pigeon;

(c) a [Sage]Greater sage-grouse permit before taking [Sage]Greater sage-grouse;

(d) a Sharp-tailed [Grouse]grouse permit before taking Sharp-tailed [Grouse]grouse;

(e) a White-tailed [Ptarmigan]ptarmigan permit before taking White-tailed [Ptarmigan]ptarmigan; or

(f) a Sandhill [Crane]crane permit before taking Sandhill [Crane]crane.

(2) Areas open and bag and possession limits for falconry are provided in the guidebook of the Wildlife Board for taking upland game and wild turkey.

 

R657-6-13. Baiting.

(1) A person may not hunt upland game by the aid of baiting, or on or over any baited area where a person knows or reasonably should know that the area is or has been baited. This section does not prohibit:

(a) the taking of any migratory game bird on or over the following lands or areas that are not otherwise baited areas:

(i) standing crops or flooded standing crops (including aquatics), standing, flooded or manipulated natural vegetation, flooded harvested croplands, or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice;

(ii) from a blind or other place of concealment camouflaged with natural vegetation;

(iii) from a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing or scattering of grain or other feed; or

(iv) standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys or retrieving downed birds.

(b) The taking of any upland game, except Sandhill [Crane]crane, on or over lands or areas that are not otherwise baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown or solely as the result of a normal agricultural operation.

 

R657-6-16. Tagging Requirements.

(1) The carcass of a Sandhill [Crane,]crane, Greater sage grouse, or Sharp-tailed [Grouse]grouse must be tagged in accordance with Section 23-20-30.

(2) A person may not hunt or pursue Sandhill [Crane,]crane, Greater sage grouse, or Sharp-tailed [Grouse]grouse after any of the notches have been removed from the tag or the tag has been detached from the permit.

 

R657-6-18. Waste of Upland Game.

(1) A person may not waste or permit to be wasted or spoiled any protected wildlife or their parts.

(2) A person shall not kill or cripple any upland game without making a reasonable effort to retrieve the upland game animal.

 

R657-6-20. Use of Dogs.

(1) An individual may not use or permit a dog to harass, pursue, or take protected wildlife unless otherwise allowed for in the Wildlife Code, administrative rules issued under Wildlife Code, or a guidebook of the Wildlife Board.

([1]2) Dogs may be used to locate and retrieve upland game during open upland game hunting seasons.

(3) Dogs are generally allowed on state wildlife management and waterfowl management areas, subject to the following conditions.

([2) Dogs]a) dogs are not allowed on the following state wildlife management [or]areas and waterfowl management areas[, except during open hunting seasons] between March 10 and August 31 annually or as posted by the Division[.]:

([3) State wildlife management and waterfowl management areas are listed under Sections R657-6-9 and R657-6-10.]i) Annabella;

(ii) Bear River Trenton Property Parcel;

(iii) Bicknell Bottoms;

(iv) Blue Lake;

(v) Browns Park;

(vi) Bud Phelps;

(vii) Clear Lake;

(viii) Desert Lake;

(ix) Farmington Bay;

(x) Harold S. Crane;

(xi) Hatt's Ranch

(xii) Howard Slough;

(xiii) Huntington;

(xiv) James Walter Fitzgerald;

(xv) Kevin Conway;

(xvi) Locomotive Springs;

(xvii) Manti Meadows;

(xviii) Mills Meadows;

(xix) Montes Creek;

(xx) Nephi;

(xxi) Ogden Bay;

(xxii) Pahvant;

(xxiv) Public Shooting Grounds;

(xxv) Redmond Marsh;

(xxvi) Richfield;

(xxvii) Roosevelt;

(xxviii) Salt Creek;

(xxix) Scott M. Matheson Wetland Preserve;

(xxx) Steward Lake;

(xxxi) Timpie Springs;

(xxxii) Topaz Slough;

(xxxiii) Vernal; and

(xxxiv) Willard Bay.

(b) The Division may establish special restrictions for Division-managed properties, such as on-leash requirements and temporary or locational closures for dogs, and post them at specific Division properties and at Regional offices;

(c) Organized events or group gatherings of twenty-five (25) or more individuals that involve the use of dogs, such as dog training or trials, that occur on Division properties may require a special use permit as described in R657-28; and

(d) Dog training may be allowed in designated areas on Lee Kay Center and Willard Bay WMA by the Division without a special use permit.

 

R657-6-21. Closed Areas.

A person may not hunt upland game in any area posted closed by the Division or any of the following areas:

(1) Salt Lake International Airport boundaries as posted.

(2) Incorporated municipalities: [Most of the incorporated areas of Alta, a portion of Davis County, Garland City, Layton, Logan, Pleasant View City, South Ogden City, Syracuse City, West Jordan, and West Valley City are closed to]Many incorporated municipalities prohibit the discharge of firearms and other weapons. Check with the respective city officials for specific boundaries[.  Other municipalities may have additional firearm restrictions]and limitations.

(3) Wildlife Management Areas:

(a) Waterfowl management areas[ and federal refuges] are open for hunting upland game only during designated waterfowl hunting seasons or as authorized by the Division, including: [Bear River National Wildlife Refuge, Bicknell Bottoms, ]Blue Lake[, Brown's Park], Clear Lake, [Desert Lake, ]Farmington Bay, Harold S. Crane, Howard Slough, Locomotive Springs, Manti Meadows, Mills Meadows, Ogden Bay, [Ouray National Wildlife Refuge, ]Powell Slough, Public Shooting Grounds, Salt Creek, Scott M. Matheson Wetland Preserve, Stewart Lake, and Timpie Springs.

(b) Fish Springs National Wildlife Refuge is closed to upland game hunting.

(c) Goshen Warm Springs is closed to upland game hunting.

(4) Military installations, including Camp Williams, are closed to hunting and trespassing[ unless otherwise authorized].

 

KEY: wildlife, birds, rabbits, game laws

Date of Enactment or Last Substantive Change: [September 12, 2011]2014

Notice of Continuation: June 28, 2010

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