DAR File No. 38616

Natural Resources, Wildlife Resources

Rule R657-3

Collection, Importation, Transportation, and Possession of Animals

Notice of Proposed Rule

(Amendment)

DAR File No.: 38616
Filed: 06/16/2014 10:07:25 AM

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 for taking public input and reviewing the Division of Wildlife Resources' (DWR) animal program.

Summary of the rule or change:

The amendments to this rule: 1) set the criteria for lethal removal of American crows; 2) make technical corrections to species identifications; and 3) reorganize Section R657-3-7 for simplicity and ease.

State statutory or constitutional authorization for this rule:

• Section 23-20-3
• Section 23-14-18
• Section 23-14-19
• Section 63-30-1
• Section 23-13-14

Anticipated cost or savings to:

the state budget:

The amendment sets necessary criteria for the lethal take of American crows. DWR determines that these amendments will not create any 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:

None--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:

The amendment sets the criteria for lethal take of American crow, clarifies wording and makes species identifications changes as needed. Therefore, this rule does not impose any additional financial requirements on small businesses, nor generate a cost or saving impact to small businesses.

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

The amendment sets the criteria for lethal take of American crow, clarifies wording, and makes species identifications changes as needed. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to other persons.

Compliance costs for affected persons:

The amendment is for clarification and to establish the criteria for the lethal take of American crows. DWR determines that there are no 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 [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.

R657-3. Collection, Importation, Transportation, and Possession of Animals.

R657-3-1. Purpose and Authority.

(1) Under Title 23, Wildlife Resources Code of Utah and in accordance with a memorandum of understanding with the Department of Agriculture and Food, Department of Health, and the Division of Wildlife Resources, this rule governs the collection, importation, exportation, transportation, and possession of animals and their parts.

(2) Nothing in this rule shall be construed as superseding the provisions set forth in Title 23, Wildlife Resources Code of Utah. Any provision of this rule setting forth a criminal violation that overlaps a section of that title is provided in this rule only as a clarification or to provide greater specificity needed for the administration of the provisions of this rule.

(3) In addition to this rule, the Wildlife Board may allow the collection, importation, transportation, propagation and possession of species of animal species under specific circumstances as provided in Rules R657-4 through R657-6, R657-9 through R657-11, R657-13, R657-14, R657-16, R657-19, R657-20 through R657-22, R657-33, R657-37, R657-38, R657-40, R657-41, R657-43, R657-44, R657-46 and R657-52 through R657-60. Where a more specific provision has been adopted, that provision shall control.

(4) The importation, distribution, relocation, holding in captivity or possession of coyotes and raccoons in Utah is governed by the Agricultural and Wildlife Damage Prevention Board and is prohibited under Section 4-23-11 and Rule R657-14, except as permitted by the Utah Department of Agriculture and Food.

(5) This rule does not apply to division employees acting within the scope of their assigned duties.

(6) The English and scientific names used throughout this rule for animals are, at the time of publication, the most widely accepted names. The English and the scientific names of animals change, and the names used in this rule are to be considered synonymous with names in earlier use and with names that, at any time after publication of this rule, may supersede those used herein.

 

R657-3-7. Take of Nuisance Birds and Mammals.

(1)(a) A person is not required to obtain a certificate of registration or a federal permit to kill [Black-billed Magpies, Cowbirds, House Sparrows, European Starlings, or Domestic Pigeons (Rock Doves) when found damaging personal or real property,]a bird belonging to a species listed in Subsection (1)(b) that is committing or about to commit depredations on ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance, provided:

(i) an attempt to control the birds using non-lethal methods occurs prior to using lethal methods;

[(i) strict observance of all](ii) applicable local[ and other], state and federal laws[ is adhered to:

(ii)] are strictly complied with; and

(iii) none of the birds killed[ pursuant to this section], nor their plumage, are sold or offered for sale[; and

(iii) any person killing Black-billed Magpies, Cowbirds, House Sparrows, European Starlings, or Domestic Pigeons (Rock Doves) shall:

(A) allow any federal warden or conservation officer unrestricted access over the premises where Black-billed Magpies, Cowbirds, House Sparrows, European Starlings, or Domestic Pigeons (Rock Doves) are killed; and

(B) furnish any information concerning the control operations to the division or federal official upon request].

[(b) A person may kill Black-billed Magpies , Cowbirds, House Sparrows, European Starlings, or Domestic Pigeons (Rock Doves) by any means, excluding bait, explosives or poison, and only on or over the threatened area.

(c) Black-billed Magpies, Cowbirds, House Sparrows, European Starlings, or Domestic Pigeons (Rock Doves) killed pursuant to this section including their plumage and other parts may be retained for noncommercial, personal use;

](b) The following bird species are subject to the provisions of Subsection (1)(a):

(i) black-billed magpie (Pica hudsonia);

(ii) American crow (Corvus brachyrhynchos);

(iii) bronzed cowbird (Molothrus aeneus);

(iv) brown-headed cowbird (Molothrus ater); and

(v) shiny cowbird (Molothrus bonariensis).

(c) Nuisance birds removed under Subsection (1)(a):

(i) must be taken over the threatened area;

(ii) may not be taken with:

[(d) Black-billed Magpies, Cowbirds, House Sparrows, European Starlings, or Domestic Pigeons (Rock Doves) killed pursuant to this section and disposed of ](A) bait, explosives, or poisons; or

(B) ammunition with lead or toxic projectiles, except when fired from an air rifle, air pistol, or a 22 caliber rimfire firearm; and

(iii)  must be disposed of at a landfill that accepts wildlife carcasses, or[ must be] burned or incinerated.

[(e) This subsection incorporates Section 50 CFR 21.41, 21.42 and 21.43, 2007, ed., by reference.

](d)(i) Any person that takes a nuisance bird pursuant to Subsection (1)(a) must provide to the appropriate U.S. Fish and Wildlife Service, Regional Migratory Bird Permit Office an annual report for each species taken.

(ii) Reports must be submitted by January 31st of the following year, and include the following information:

(A) name, address, phone number, and e-mail address of the person taking the birds;

(B) the species and number of birds taken;

(C) the months in which the birds were taken;

(D) the county or counties in which the birds were taken; and

(E) the general purpose for which the birds were taken, such as protection of agriculture, human health and safety, property, or natural resources.

(e) This Subsection (1) incorporates Section 50 CFR 21.41, 21.42 and 21.43, 2007, ed., by reference.

(2)(a) A person is not required to obtain a certificate of registration or a federal permit to kill a house sparrow (Passer domesticus), European starling (Sturnus vulgaris), or domestic pigeon or rock pigeon (Columba livia) when found damaging personal or real property, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance, provided:

(i) an attempt to control the birds using non-lethal methods occurs prior to using lethal methods;

(ii) applicable local, state and federal laws are strictly complied with; and

(iii) none of the birds killed, nor their plumage, are sold or offered for sale.

(b) Nuisance birds removed under Subsection (2)(a):

(i) must be taken over the threatened area;

(ii) may not be taken with bait, explosives, or poisons; and

(iii) must be disposed of at a landfill that accepts wildlife carcasses, or burned or incinerated.

(3) A person that takes a nuisance bird pursuant to Subsection (1) shall:

(a) allow any federal warden or state conservation officer unrestricted access over the premises where the birds are killed; and

(b) furnish any information concerning the control operations to the division or federal official upon request.

([2]4) A person may kill nongame mammals as provided in R657-19

 

KEY: wildlife, animal protection, import restrictions, zoological animals

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

Notice of Continuation: March 5, 2013

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-20-3; 23-13-14; 63G-7-101 et seq.