DAR File No. 38605

Natural Resources, Wildlife Resources

Rule R657-9

Taking Waterfowl, Common Snipe and Coot

Notice of Proposed Rule

(Amendment)

DAR File No.: 38605
Filed: 06/12/2014 02:49:58 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's waterfowl program.

Summary of the rule or change:

The proposed revisions to the above listed rule: 1) allow the use of draw locks and cross bows as legal weapons for the taking of waterfowl; 2) simplify the list of State Waterfowl Management Areas that allow hunting as set in the guidebook for taking waterfowl; 3) set the criteria for the use of dogs on State Wildlife Management Areas; and 4) make technical corrections.

State statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This amendment clarifies waterfowl management areas that fall under certain restrictions and sets the criteria for the use of dogs it does not make any changes to the process or employee workload therefore, 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 this amendment has minimal impact on individual hunters and no impact on the local governments, the division finds that this filing 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 adds waterfowl management areas to a list of areas with special restrictions and allows for the use of dogs on certain wildlife 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 adds waterfowl management areas to a list of areas with special restrictions and allows for the use of dogs on certain wildlife management areas and therefore does not have the potential to generate a cost or savings impact to sportsmen or the other persons.

Compliance costs for affected persons:

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 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:

07/31/2014

This rule may become effective on:

08/07/2014

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-9. Taking Waterfowl, Common Snipe and Coot.

R657-9-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, and in accordance with 50 CFR 20, 50 CFR 32.64 and 50 CFR 27.21, 2004 edition, which is incorporated by reference, the Wildlife Board has established this rule for taking waterfowl, Common snipe, and coot.

(2) Specific dates, areas, limits, requirements and other administrative details which may change annually are published in the guidebook of the Wildlife Board for taking waterfowl, Common snipe and coot.

 

R657-9-4. Permit Applications for Swan.

(1) Swan permits will be issued pursuant to R657-62-[23]22.

 

R657-9-7. [Firearms]Authorized Weapons.

(1) Migratory game birds may be taken with a shotgun, crossbow or archery tackle, including a draw lock.

(2) Migratory game birds may not be taken with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, [crossbow, except as provided in Rule R657-12, ]poison, drug, explosive or stupefying substance.

(3) Migratory game birds may not be taken with a shotgun of any description 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, except as authorized by the Wildlife Board and specified in the guidebook of the Wildlife Board for taking Waterfowl, Common snipe and Coot.

 

R657-9-9. Use of [Firearms]Weapons on State Waterfowl Management Areas.

(1) A person may not possess a firearm, crossbow, or archery tackle on the following waterfowl management areas any time of the year except during the specified waterfowl hunting seasons or as authorized by the division:[

(a) Box Elder County -]Bicknell Bottoms, Blue Lake, Brown's Park, Clear Lake, Desert Lake, Farmington Bay, Harold S. Crane, Howard Slough, Locomotive Springs, Mills Meadows, Ogden Bay, Powell Slough, Public Shooting Grounds, [and ]Salt Creek[;

(b) Daggett County - Brown's Park;

(c) Davis County - Farmington Bay, Howard Slough, and Ogden Bay;

(d) Emery County - Desert Lake;

(e) Juab County - Mills Meadow;

(f) Millard County - Clear Lake, Topaz Slough;

(g) Sanpete County - Manti Meadows;

(h) Tooele County - Blue Lake and], Stewart Lake, Timpie Springs[;

(i) Uintah County - Stewart Lake;

(j) Utah County - Powell Slough;

(k) Wayne County - Bicknell Bottoms;] and Topaz.

[(l) Weber County - Ogden Bay and Harold S. Crane.

](2) During the waterfowl hunting seasons, a shotgun is the only firearm that may be in possession, except as provided in Rule R657-12.

(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.

 

R657-9-23. Custody of Birds of Another.

No person may receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by Section R657-9-[23.]21.

 

R657-9-28. 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 [migratory game birds]turkey during open turkey hunting seasons.

([2]3) Dogs are [not]generally allowed on state wildlife management [or]and waterfowl management areas, [except during open hunting seasons or as posted by the division]subject to the following conditions.

(a) dogs are not allowed on the following state wildlife management areas and waterfowl management areas between March 10 and August 31 annually or as posted by the Division:

(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.

 

R657-9-30. Closed Areas.

(1) A person may not trespass on state waterfowl management areas except during prescribed seasons, or for other activities as posted without prior permission from the division.

(2) A person may not participate in activities that are posted as prohibited.

(3) A person may not trespass, take, hunt, shoot at, or rally any waterfowl, snipe, or coot in the following specified areas:

(a) Antelope Island causeway - within 600 feet of either the north or south side.

(b) Brown's Park - That part adjacent to headquarters.

(c) Clear Lake - Spring Lake.

(d) Desert Lake - That part known as "Desert Lake."

(e) Farmington Bay - Headquarters and Learning center area, within 600 feet of dikes and roads accessible by motorized vehicles and the waterfowl rest area in the northwest quarter of unit one as posted.

(f) Ogden Bay - Headquarters area.

(g) Public Shooting Grounds - That part as posted lying above and adjacent to the Hull Lake Diversion Dike known as "Duck Lake."

(h) Salt Creek - That part as posted known as "Rest Lake."

(i) Bear River Migratory Bird Refuge - For information contact the refuge manager, U.S. Fish and Wildlife Service, at (435) 723-5887. The entire refuge is closed to the hunting of snipe.

(j) Fish Springs and Ouray National Wildlife Refuges -Waterfowl hunters must register at Fish Springs refuge headquarters prior to hunting. Both refuges are closed to the hunting of swans[, and Fish Springs is closed to the hunting of geese].

(k) State Parks

Hunting of any wildlife is prohibited within the boundaries of all state park areas except those designated open by appropriate signing as provided in Rule R651-614-4.

(l) Great Salt Lake Marina and adjacent areas as posted.

(m) Millard County

Gunnison Bend Reservoir and the inflow upstream to the Southerland Bridge.

(n) Salt Lake International Airport - Hunting and shooting prohibited as posted.

 

KEY: wildlife, birds, migratory birds, waterfowl

Date of Enactment or Last Substantive Amendment: [November 7, 2013]2014

Notice of Continuation: August 16, 2011

Authorizing, and Implemented or Interpreted Law: 23-14-19; 23-14-18; 50 CFR part 20