DAR File No. 39216

Natural Resources, Wildlife Resources

Rule R657-70

Taking Utah Prairie Dogs

Notice of Proposed Rule

(New Rule)

DAR File No.: 39216
Filed: 03/16/2015 08:13:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Under authority of Sections 23-14-1, 23-14-3, 23-14-18, and 23-14-19, this rule provides the standards and requirements for taking Utah prairie dogs. A person capturing any live Utah prairie dog for a personal, scientific, educational, or commercial use must comply with Rule R657-3, Collection, Importation, Transportation and Possession of Animals. (DAR NOTE: The proposed change to Rule R657-3 is under DAR No. 39217 in this issue, April 1, 2015, of the Bulletin.)

Summary of the rule or change:

This rule sets the criteria for which the controlled taking of prairie dogs will be established and operated.

State statutory or constitutional authorization for this rule:

• Section 23-14-1
• Section 23-14-18
• Section 23-14-3
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This new rule outlines the criteria for the prairie dog program and establishes the criteria by which it will be administered. The Division of Wildlife Resources (DWR) determines that theses 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:

This new rule outlines the criteria for the prairie dog program and establishes the criteria by which it will be administered. 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 new rule outlines the criteria for the prairie dog program and established the criteria by which it will be administered 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 new rule outlines the criteria for the prairie dog program and established the criteria by which it will be administered 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 this new rule will not create a cost or savings impact to individuals in Utah participating in the prairie dog 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 [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:

05/01/2015

This rule may become effective on:

05/08/2015

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-70. Taking Utah Prairie Dogs.

R657-70-1. Purpose and Authority.

(1) Under authority of Sections 23-14-1, 23-14-3, 23-14-18 and 23-14-19, this rule provides the standards and requirements for taking Utah prairie dogs.

(2) A person capturing any live Utah prairie dog for a personal, scientific, educational, or commercial use must comply with rule R657-3, Collection, Importation, Transportation and Possession of Animals.

 

R657-70-2. Definitions.

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

(2) Additional terms used in this rule are defined as follows:

(a) "Agriculture land" means any mapped, non-federal property zoned by local authority for agricultural use that is used or has been used in the previous five (5) years for production of a cultivated crop or irrigated pasture that is harvested or grazed.

(b) "Certificate of registration" means a document issued by the division authorizing a person or entity to take a Utah prairie dog.

(c) "Developed land" means any mapped, non-federal property that is:

(i) developed or improved for public use and where Utah prairie dogs threaten human health, safety or welfare, including parks, playgrounds, public facilities, sports fields, golf courses, school yards, churches, areas of cultural or religious significance, improved roads, transportation systems, etc.; or

(ii) within 50 feet of an occupied, residential or commercial structure, or greater distance where prairie dogs threaten human health, safety or welfare on developed curtilage, including lawns, landscaping, gardens, driveways, etc.

(d) "Developable land" means any mapped, non-federal property zoned by local authority as commercial, industrial, or residential that does not have structures or improvements on the surface of the property, excluding utilities.

(e) "Division" means the Utah Division of Wildlife Resources.

(f) "Federal land" means all lands in the State of Utah owned by the United States government, including Forest Service, Bureau of Land Management, Bureau of Reclamation, Department of Defense, National Park Service, Bureau of Indian Affairs, National Monument, and National Recreation Area lands.

(g) "Immediate family" means a landowner's or lessee's spouse, child, son-in-law, daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, stepchild, and grandchild.

(h) "Landowner" means the person(s) or entity holding fee title to real property impacted by Utah prairie dogs.

(i) "Lessee" means the person(s) or entity leasing or renting under written contract real property impacted by Utah prairie dogs.

(j) "Mapped" means areas within the state identified and documented since 1972 by the division as currently or historically occupied by Utah prairie dogs, excluding mapped areas with a spring count of zero (0) animals in the current year and the preceding four (4) years.

(k) "Non-federal lands" means all lands in the State of Utah that are not owned by the United States government.

(l) "Productivity" means the segment of a population represented by young of the year; and is calculated my multiplying the spring count (animals observed) by 2 (animals underground), and multiplying that figure by 67% (percent females in the population), and multiplying that figure by 97% (percent females that breed), and multiplying that figure by 4 (average litter size).

(m) "Protected land" means federal and non-federal property that is set aside for the preservation of Utah prairie dogs and protected specifically or primarily for that purpose. Protective mechanisms can include conservation easements, fee title purchases, regulatory designations, etc.

(n) "Rangeland" means any mapped, non-federal property zoned by local authority for agricultural use that is used for grazing livestock, and is neither cultivated nor irrigated.

(o) "Recovery unit" means one of the three geographic areas established by the Utah Prairie Dog Recovery Team for the protection and management of Utah prairie dogs - West Desert Recovery Unit, Paunsaugunt Recovery Unit, and Awapa Plateau Recovery Unit. Maps and boundaries of these units may be obtained from the division.

(p) "Unmapped" means any area of the state on non-federal land that is not classified as mapped by the division.

(q) "Utah prairie dog" or "prairie dog" means the genus and species Cynomys parvidens.

 

R657-70-3. Legal Status of Utah Prairie Dog.

(1) On federal land, the Utah prairie dog is listed as threatened under the Endangered Species Act of 1973 and subject to the federal laws, authorities and jurisdictions applicable to listed species.

(a) A person may not take a prairie dog on federal land, except as authorized by the:

(i) United States Fish and Wildlife Service and the federal regulations applicable to the species; and

(ii) division pursuant to this rule.

(2) On non-federal land, the Utah prairie dog is not subject to the Endangered Species Act of 1973 and is managed by State of Utah through the division.

(a) A person may not take a prairie dog on non-federal land, except as authorized by the Wildlife Code and this rule.

 

R657-70-4. Take of Utah Prairie Dogs on Federal Land.

(1) A person may not take a Utah prairie dog on federal land:

(a) except as authorized by the U.S. Fish and Wildlife Service and federal regulation; and

(b) without obtaining a certificate of registration from the division.

(2) A certificate of registration for taking prairie dogs on federal land may be issued under the following circumstances, if the taking will not jeopardize the existence of the species:

(a) as provided in the rules of the U.S. Fish and Wildlife Service, 50 C.F.R. 17.40(g);

(b) as provided in a valid Incidental Take permit issued by the U.S. Fish and Wildlife Service under an approved Habitat Conservation Plan; or

(c) as provided under a valid Incidental Take permit issued by the U.S. Fish and Wildlife Service allowing take of Utah prairie dogs as part of an approved conservation agreement enacted between the U.S. Fish and Wildlife Service and the owner of private lands.

(3) Notwithstanding Subsection (1)(b), a certificate of registration is not required when a person receives an incidental take permit from the U.S. Fish and Wildlife Service under Section 7 of the Endangered Species Act.

 

R657-70-5. Take of Utah Prairie Dogs in Inhabited Structures on Non-federal Land.

(1)(a) Notwithstanding R657-70-13, any person, with the consent of the owner or lessee, may take a Utah prairie dog on non-federal land that is within the interior of a structure inhabited or occupied by people.

(b) For purposes of this section, an inhabited or occupied structure means a building where people live, work, or visit, such as a home, apartment, hotel, commercial or public office, public building, church, store, warehouse, business, work shop, restaurant, etc.

(2) A certificate of registration or prior notice to the division is not required to take a prairie dog under this section.

(3) A person that takes a prairie dog under this section is required to submit a monthly report to the division under R657-70-15.

 

R657-70-6. Take of Utah Prairie Dogs on Unmapped Land.

(1) A person may not take a Utah prairie dog on unmapped land, except as provided in this section and R657-70-8.

(2) A landowner or lessee of unmapped land may take a prairie dog on that land without a certificate of registration, provided:

(a) the division is notified prior to take and the property where take will occur is confirmed unmapped land;

(b) take is performed exclusively by the individuals and under the conditions set forth in R657-70-13;

(c) take is restricted to the unmapped land owned by the landowner, or leased by the lessee; and

(d) the methods utilized to take prairie dogs are consistent with the limitations in R657-70-14;

(3) Prairie dogs may be taken pursuant to this section year-round and without numerical limitation.

(4) A person that takes a prairie dog under this section shall submit a monthly report to the division, as provided in R657-70-15.

 

R657-70-7. Take of Utah Prairie Dogs on Developed Land.

(1) A person may not take a Utah prairie dog on developed land, excepted as provided in this section and R657-70-8.

(2) A landowner or lessee of developed land may take a prairie dog on that land without a certificate of registration, provided:

(a) The division is notified prior to take and the property where take will occur is confirmed developed land;

(b) Take is performed exclusively by the individuals and under the conditions set forth in R657-70-13;

(c) Take is restricted to the developed land owned by the landowner, or leased by the lessee; and

(d) The methods utilized to take prairie dogs are consistent with the limitations in R657-70-14;

(3) Prairie dogs may be taken pursuant to this section year around and without numerical limitation.

(4) A person that takes a prairie dog under this section shall submit a monthly report to the division, as provided in R657-70-15.

 

R657-70-8. Local Law Enforcement Take of Utah Prairie Dogs on Non-federal Land.

(1)(a) Upon request of a county, the division may issue a certificate of registration to the sheriff and deputies of that county authorizing them to take Utah prairie dogs threatening public health, safety or welfare on non-federal land within the municipal boundaries of any city or town in the county.

(b) Upon request of a city or town, the division may issue a certificate of registration to the law enforcement authority of that city or town authorizing it to take Utah prairie dogs threatening public health, safety or welfare on non-federal land within the municipal boundaries of the city or town.

(2) A certificate of registration issued to a law enforcement authority under this section may permit lethal take or live trapping and relocation to a division approved release site.

(3) A county sheriff or the municipal law enforcement authority issued a certificate of registration under this section will report annually or upon request by the division, the number of prairie dogs lethally removed and the number captured and relocated, including the release site locations.

 

R657-70-9. Range-wide Take Limit for Developable Land, Agriculture Land, and Rangeland.

(1) Except as provided in Subsection (2), no more than 6,000 Utah prairie dogs will be authorized for range-wide take annually on developable land, agriculture land, and rangeland.

(2)(a) When the range-wide spring count of adult prairie dogs on non-federal/non-protected lands exceeds 6,000 individuals, the annual 6,000 range-wide take limit will be increased by ½ the number counted in excess of 6,000.

(b) When, and as long as, the three year average spring count of adult prairie dogs on protected land in a single recovery unit reaches 2,000 individuals, all certificate of registration requirements and numerical take limitations on non-federal/non-protected land in that recovery unit will be removed.

(i) All other restrictions on prairie dog take in the recovery unit will remain in place and enforceable.

(3) Prairie dog take on unmapped land, developed land, and inhabited structures does not count against the 6,000 animal annual limit.

 

R657-70-10. Take of Utah Prairie Dogs on Developable Land.

(1) A person may not take a Utah prairie dog on developable land without first obtaining a certificate of registration from the division.

(2)(a) The project proponent or local authority must notify the division prior to the project proponent disturbing the surface of the ground or building a structure on developable land.

(b) Upon receiving notice, the division will survey the subject property for the presence of prairie dogs.

(i) If the property is not occupied by prairie dogs, the division will issue a written notification to the project proponent authorizing the project to proceed.

(ii) If prairie dogs are discovered on the property, the division will first attempt to trap and relocate the animals to the extent feasible and in coordination with the project proponent.

(A) Prairie dogs trapped and relocated from July 1 through October 1 are not counted against the range-wide prairie dog limit in R657-70-9.

(iii) If the project proponent declines to delay the project for trapping, or when trapping is determined complete, the division will issue a certificate of registration to the project proponent authorizing take of all prairie dogs on the property.

(A) Intentional and incidental lethal take are counted against the range-wide prairie dog limit in R657-70-9.

(3) Notwithstanding the limitations in R657-70-13, take may be performed by any person authorized by the project proponent.

(4) Take is allowed only on the property proposed for the project.

(5) Authorized methods of intentional take are identified in R657-70-14;

(6) Prairie dogs may be taken pursuant to this section year around.

 

R657-70-11. Take of Utah Prairie Dogs on Agriculture Land.

(1) A person may not take a Utah prairie dog on agriculture land without first obtaining a certificate of registration from the division, except as provided in R657-70-7.

(2) A landowner or lessee of agriculture land may apply to the division for a certificate of registration to take prairie dogs damaging their agriculture land.

(a) The application shall include the:

(i) applicant's full name, mailing address, and phone number;

(ii) applicant's status as an owner or lessee of the property;

(iii) landowner's signature, and consent when the applicant is a lessee;

(iv) name and identifying information for each individual designated by the applicant and eligible under R657-70-13 to take prairie dogs on the property; and

(v) township, range, section, 1/4 section, and parcel number of the agricultural land where the prairie dogs will be taken.

(b) An application for a certificate of registration must be submitted to the division's southern region office online or at 1470 North Airport Road, Suite 1, Cedar City, Utah 84721.

(c) Upon receipt of an application, the division will survey the property to determine the number of resident prairie dogs and the maximum number that may be taken on the property under a certificate of registration.

(i) The division will calculate the yearly maximum take using the following criteria:

(A) 50% of prairie dog productivity on the property may be authorized for take when the three year average spring count on protected land in the recovery unit is 999 or less;

(B) 100% of prairie dog productivity on the property may be authorized for take when the three year average spring count on protected land in the recovery unit is between 1,000 and 1,249;

(C) 100% of prairie dog productivity and 33% of spring count on the property may be authorized for take when three year average spring count on protected land in the recovery unit is between 1,250 and 1,499;

(D) 100% of prairie dog productivity and 66% of spring count on the property may be authorized for take when three year average spring count on protected land in the recovery unit is between 1,500 and 1,999; and

(E) Unlimited take is authorized without a certificate of registration when the three year average spring count on protected land in the recovery unit is 2,000 or greater.

(3)(a) After review of the application and determining the maximum take limit for the property, a certificate of registration may be issued.

(b) The certificate of registration will identify:

(i) the name of the property owner, lessee, or other person authorized to take prairie dogs on the property;

(ii) the maximum number of prairie dogs that may be taken on the property; and

(iii) a general description of the location and boundaries of the subject property.

(c) A certificate of registration shall be issued on an individual basis and shall be valid only for the person to whom it is issued.

(d) A certificate of registration is not transferrable and must be signed by the holder prior to use.

(e) If the application and permitting process is accomplished by U.S. Mail, the certificate of registration shall only become valid after a copy of the signed certificate of registration is received by the division's southern regional office.

(4) Prairie dogs allowed by the landowner or lessee to be trapped on the property and relocated by the division between July 1 and October 1 - before lethal take - will not count against the range-wide prairie dog limit in R657-70-9 or the property's maximum take limit identified on the certificate of registration.

(5)(a) A landowner or lessee that obtains a certificate of registration to take prairie dogs on agriculture land and thereafter agrees with the division to allow trapping and relocation efforts on the property before lethally taking prairie dogs, may receive compensation for the damage caused by prairie dogs during the trapping period.

(i) Participation in the damage compensation program is voluntary on the part of the landowner or lessee and discretionary on the part of the division.

(ii) Only properties with a spring count of 50 or more prairie dogs are eligible for participation in the program.

(iii) Compensation will be based on the number of prairie dogs on the property and the associated damage estimate between juvenile emergence and September 30.

(b)(i) A landowner or lessee must apply to participate in the damage compensation program by submitting a written application to the division that includes:

(A) the applicant's full name, mailing address; and phone number;

(B) the township, range, section, 1/4 section and parcel number of the agricultural land where the prairie dogs will trapped;

(C) proof that the applicant is the fee title owner or lessee of the agricultural land where the prairie dogs will be trapped; and

(D) the landowner's signature, or the lessee's and landowner's signature when the applicant is the lessee.

(ii) An application to participate in the damage compensation program must be submitted:

(A) to the division's southern region office online or at 1470 North Airport Road, Suite 1, Cedar City, Utah 84721; and

(B) between March 1 and March 31, of the year for which compensation is requested.

(iii) Applications for damage compensation will be evaluated by the division and granted based on the:

(A) availability of compensation funding;

(B) number and density of prairie dogs that the division determines are present on the property;

(C) ease and efficiency by which prairie dogs can be trapped and relocated;

(D) availability of release sites;

(E) availability of division personnel and funding to trap and relocate; and

(F) degree of expected damage during the trapping period.

(iv) Nothing herein shall be construed as guaranteeing that an application to participate in the damage compensation program will be granted or that all persons desiring to participate in the program will have the opportunity to do so.

(c) Compensation for prairie dog damage will be based on the following criteria, regardless of the crop involved:

(i) the estimated number of prairie dogs on the property where trapping will occur;

(A) the division will estimate prairie dog numbers by counting visible prairie dogs on the property in the spring, doubling that number to account for adults below ground, and multiplying the result by 2.6 to account for juvenile production.

(ii) each adult prairie dog consuming 0.75 pounds of alfalfa a day and each juvenile 0.375 pounds a day;

(iii) adult prairie dogs causing damage five months per year and juveniles four months per year;

(iv) the market price of alfalfa at the time the contract referenced in Subsection (d) is executed; and

(v) an additional 10% for damage to farming equipment and fences.

(d) The division will enter into a written contract with successful applicants possessing eligible property and a certificate of registration to take prairie dogs on their agriculture land that:

(i) suspends lethal removal efforts by the landowner or lessee while the division attempts to trap prairie dogs on the property and relocate them; and

(ii) identifies the monetary compensation the landowner or lessee will receive from the division for prairie dog damage incurred during the period of suspension.

(e) All prairie dogs trapped and relocated under a compensation agreement will count against the range-wide prairie dog limit in R657-70-9 and the property's maximum take limit identified on the certificate of registration.

(f) Once trapping is completed, the division will deduct the number of trapped prairie dogs from the certificate of registration's original take limit and notify the landowner or lessee:

(i) of the adjusted take limit; and

(ii) that removing prairie dogs from the property pursuant to the terms of the adjusted certificate of registration is permitted.

(6) The division may issue a certificate of registration authorizing a landowner or lessee to take prairie dogs dispersing from the property targeted for trapping under Subsections (4) or (5) to other areas of the property or adjacent properties that do not have a preexisting colony.

(7)(a) Only those people specifically identified in R657-70-13 and on a certificate of registration to take prairie dogs on agriculture land may do so.

(b) Take is restricted to the agriculture land owned by the landowner, or leased by the lessee.

(c) Prairie dogs may be taken on agriculture land only with firearms, archery equipment, and kill traps.

(d) Prairie dogs may be taken under this section from June 1 to December 31, and in number not to exceed that identified on the certificate of registration.

(8) A person that takes a prairie dog under this section shall submit a monthly report to the division, as provided in R657-70-15.

 

R657-70-12. Take of Utah Prairie Dogs on Rangeland.

(1) A person may not take a Utah prairie dog on rangeland without first obtaining a certificate of registration from the division.

(2) A landowner or lessee of rangeland may apply for and obtain a certificate of registration from the division to take prairie dogs damaging rangeland under the same procedures and conditions provided in R657-70-11 for taking prairie dogs on agriculture land, except monetary compensation is not available for rangeland damage.

 

R657-70-13. Individuals Authorized to Take Utah Prairie Dogs on Federal and Non-federal Lands.

(1) Except as provided in R657-70-8 and R657-70-10(3), only the following individuals may take a Utah prairie dog when take is authorized under the provisions of this chapter:

(a) landowner;

(b) lessee, when authorized by the landowner to take prairie dogs on the property;

(c) immediate family member of the landowner or lessee, when authorized by the landowner to take prairie dogs on the property;

(d) employee of the landowner or lessee that is on a regular payroll and not hired specifically to take prairie dogs, when authorized by the landowner to take prairie dogs on the property; and

(e) designee of the landowner or lessee that possesses a certificate of registration from the division, as provided in Subsection (2).

(2)(a) A person other than a landowner, lessee, or their immediate family member, or an employee on a regular payroll not hired specifically to take prairie dogs, may apply for a certificate of registration to take prairie dogs as a designee of the landowner or lessee, provided the application includes:

(i) the applicant's:

(A) full name;

(B) complete mailing address;

(C) phone number;

(D) date of birth;

(E) weight and height;

(F) gender; and

(G) color of hair and eyes;

(ii) the township, range, section, 1/4 section and parcel number of the agricultural lands where the prairie dogs will be taken;

(iii) justification for utilization of the designee;

(iv) the landowner's signature or the lessee's and landowner's signature when the applicant is the lessee's designee; and

(v) verification that the designee will not pay or receive any form of compensation for taking prairie dogs on the landowner's or lessee's property.

(b) An application for a certificate of registration must be submitted to the division's southern region office online or at 1470 North Airport Road, Suite 1, Cedar City, Utah 84721.

(c) A maximum of two designee certificates of registration may be issued per landowner and lessee each year.

(d) Each designee application shall be considered individually based upon the information, explanation and justification provided.

(e) An applicant must be at least 14 years of age at the time of application and must abide by the provisions for children being accompanied by adults while hunting with a weapon pursuant to Section 23-20-20.

(f)(i) After review of the application, a certificate of registration may be issued.

(ii) A certificate of registration shall be issued on an individual basis and shall be valid only for the person to whom it is issued.

(iii) A certificate of registration is not transferrable and must be signed by the holder prior to use.

(g) If the application and permitting process is accomplished by U.S. Mail, the certificate of registration shall only become valid after a copy of the signed certificate of registration is received by the division's southern regional office.

 

R657-70-14. Methods of Take.

(1)(a) A person authorized to take a Utah prairie dog under this chapter may lethally remove the animal using any means permitted by state, local, and federal law.

(b) Environmental Protection Agency regulations currently prohibit the use of toxicants and fumigants on Utah prairie dogs.

(2) Except as provided in R657-70-8 or as authorized by the division in a certificate of registration, a person may not:

(a) capture or attempt to capture a prairie dog alive;

(b) possess a live prairie dog; or

(c) release a prairie dog to the wild.

 

R657-70-15. Monthly Reports on Take of Utah Prairie Dogs.

(1) The following information must be reported to the division's southern region office online or at 1470 North Airport Road, Suite 1, Cedar City, Utah 84720, every 30 days:

(a) the name and signature of the landowner, lessee, or certificate of registration holder;

(b) the person's certificate of registration number (where applicable);

(c) the number of prairie dogs taken; and

(d) the location and method of disposal of each prairie dog taken during the 30-day period.

(2) Failure to report the information required in Subsection (1), within 30 days, may result in the denial of future opportunity to take prairie dogs.

 

R657-70-16. Take on Protected Land.

(1) Notwithstanding any other provision in this chapter authorizing take of prairie dogs, a person may not take a Utah prairie dog on protected land set aside by contractual agreement or law for the protection and conservation of Utah prairie dogs.

 

KEY: wildlife, game laws

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 23-14-1; 23-14-3; 23-14-18; 23-14-19