DAR File No. 38949

Natural Resources, Wildlife Resources

Rule R657-69

Turkey Depredation

Notice of Proposed Rule

(Amendment)

DAR File No.: 38949
Filed: 11/13/2014 10:45:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Pursuant to Sections 23-17-5.1 and 23-17-5.2, this rule provides the procedures for responding to and verifying reports of material damage caused by turkey; the procedures, standards, requirements, and limits for addressing instances of material damage caused by turkeys; and a description of the various hunts that may be held to minimize future instances of material damage caused by turkeys. Section R657-69-7 is being amended to allow for the legal transfer of a turkey control permit voucher between the landowner or lessee and an individual redeeming that voucher for a turkey control permit.

Summary of the rule or change:

This rule sets the criteria for which the Turkey Depredation Program will be established and operated.

State statutory or constitutional authorization for this rule:

• Section 23-17-5.1
• Section 23-17-5.2

Anticipated cost or savings to:

the state budget:

The Division of Wildlife Resources (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:

Local governments will not be directly or indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

Since this rule outlines the criteria for the turkey depredation program and establishes the criteria for which it will be administered under and does not incur an additional cost to participate, this filing does not have the potential to create a direct cost or savings impact to small businesses.

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

Since this rule outlines the criteria for the turkey depredation program and establishes the criteria for which it will be administered under and does not incur an additional cost to participate, this filing does not have the potential to create a direct cost or savings impact to other persons.

Compliance costs for affected persons:

DWR determines that the amendments to this rule will not create a cost or savings impact to individuals in Utah wishing to participate in the Turkey Depredation 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:

12/31/2014

This rule may become effective on:

01/07/2015

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-69. Turkey Depredation.

R657-69-1. Purpose and Authority.

(1) Under authority of Section 23-17-5.1, 23-17-5.2, this rule provides:

(a) the procedures for responding to and verifying reports of material damage caused by turkey;

(b) the procedures, standards, requirements, and limits for addressing instances of material damage caused by turkeys; and

(c) a description of the various hunts that may be held to minimize future instances of material damage caused by turkeys.

 

R657-69-7. Control Permit Vouchers for Turkey.

(1)(a) As part of the damage mitigation and prevention plan, the division may issue turkey control permit vouchers to the landowner or lessee.

(b) The number of control permit vouchers shall not exceed 10% of the documented turkeys on the private property or fifteen vouchers per calendar year, whichever is less.

(2)(a) Control permit vouchers do not allow turkey hunting and must be redeemed for a control permit prior to going afield.

(b) Control permit vouchers may be redeemed for a turkey control permit at a division office prior to the closing date of the control permit turkey hunt for which the voucher was issued.

(c) Individuals shall pay the required fee in order to redeem a control permit voucher for a turkey control permit.

(3)(a) A landowner or lessee may retain and redeem control permit vouchers as turkey control permits if they have not met their control permit quota identified in R657-69-6(1)(b).

(b) A landowner or lessee transferring control permit vouchers to another individual may not receive any form of compensation or remuneration for the transfer or for allowing access to the private land for turkey hunting under a control permit on the landowner or lessee's private property.

(c) Turkey control permit vouchers are only transferable between the landowner or lessee and an individual redeeming that voucher for a turkey control permit.

(d) An individual receiving a transferred control permit voucher may only receive one control permit voucher per calendar year.

(4) Individuals redeeming a control permit voucher for a control permit will not lose accrued bonus points for limited entry turkey hunting as a result of redeeming the voucher.

 

KEY: wildlife, turkey, depredation

Date of Enactment or Last Substantive Amendment: [November 7, 2014]2015

Authorizing, and Implemented or Interpreted Law: 23-17-5.1, 23-17-5.2