DAR File No. 39715

Natural Resources, Wildlife Resources

Rule R657-45

Wildlife License, Permit, and Certificate of Registration Forms and Terms

Notice of Proposed Rule

(Amendment)

DAR File No.: 39715
Filed: 09/08/2015 01:38:03 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 of Wildlife Resources' (DWR) rule pursuant to wildlife license, permit, and Certificate of Registration forms.

Summary of the rule or change:

Provisions of this rule are being amended to comply with Section 23-19-4.5 allowing for youth organizations to fish without a license. The rule amendments set the criteria for participating in the program. The program has been in effect since 2007 when the state code was established.

State statutory or constitutional authorization for this rule:

• Section 23-19-2
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This rule is being amended to comply with Section 23-19-4.5 to allow youth groups to fish without a license. The Division has been implementing the program since 2007 when the code was passed, this simply puts the process into rule. DWR determines that there is not a cost or savings impact to the state budget or DWR's budget associated with this amendment.

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:

This rule is being amended to comply with Section 23-19-4.5 to allow for qualifying youth groups to fish without a license. The Division feels this amendment would not generate a savings impact to small businesses.

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

This rule is being amended to comply with Section 23-19-4.5 to allow for qualifying youth groups to fish without a license. The Division feels this amendment would not generate a savings impact to persons wishing to participate.

Compliance costs for affected persons:

This rule is being amended to comply with Section 23-19-4.5 to allow for qualifying youth groups to fish without a license, since this program has been operational since 2007 this would not create a cost savings or impact for those wishing to participate.

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:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-45. Wildlife License, Permit, and Certificateof Registration Forms and Terms.

R657-45-1. Purpose and Authority.

Under authority of Sections 23-14-18, 23-14-19, 23-19-2 and 23-19-7 the Wildlife Board has established this rule for prescribing the forms and terms of a wildlife license, permit, and certificate of registration.

 

R657-45-4. Persons Participating in Youth Organization or School Activity Authorized to Fish Without a License.

(1)(a) A school or youth organization, as defined in Subsection (5), that sponsors a recreational or instructional fishing activity for youth may obtain a certificate of registration from the Division authorizing participating youth to fish without a license.

(b) A school or youth organization may obtain a certificate of registration by submitting an online application with the Division specifying the:

(i) name and address of the school or youth organization applicant, including verification it qualifies as a school or youth organization, as defined in Subsection (5);

(ii) date and location of the fishing activity;

(iii) fishing activity is part of a recreational or instructional program of the school or youth organization;

(iv) fishing activity is officially sanctioned or authorized by the school or youth organization;

(v) approximate number of youth that will participate in the fishing activity, including verification that each youth is:

(A) under 16 years of age; and

(B) an enrolled student in the school or a registered member of the youth organization;

(vi) name, address, and age of the adult leader that will supervise the fishing activity;

(vii) adult leader will:

(A) possess a valid Utah fishing or combination license; and

(B) provide instruction and training to the youth participants on Utah fishing laws and regulations; and

(viii) adult leader has obtained from the school or youth organization a valid tour permit or written documentation that specifies:

(A) the date and place of the fishing activity;

(B) the name of the adult leader that will supervise the fishing activity; and

(C) that the activity is officially sanctioned or authorized by the school or youth organization.

(2)(a) Upon receipt of a complete application from a school or youth organization and upon determination that the requirements of this Section are satisfied, the Division may issue a certificate of registration authorizing the identified youth participating in the sponsored fishing activity to fish without a license.

(b) The certificate of registration will include the following information:

(i) name and address of the school or youth organization.

(ii) name, address, and age of the adult leader supervising the fishing activity;

(iii) date of the fishing activity;

(iv) location of the fishing activity; and

(v) approximate number youth participating in the fishing activity.

(3) A youth participating in a fishing activity on a school or youth organization certificate of registration issued under this Section may fish without a license, provided:

(a) the youth is:

(i) a member of the youth organization or a student enrolled in the school; and

(ii) younger than 16 years old; and

(b) the fishing is conducted:

(i) in compliance with all Utah fishing laws and regulations;

(ii) on the date and at the location identified on the certificate of registration; and

(iii) under the supervision of the adult leader identified on the certificate of registration.

(4) The adult leader supervising a youth fishing activity under this section shall:

(a) be 18 years of age or older;

(b) possess a valid Utah fishing or combination license;

(c) provide direct supervision to the activity participants; and

(d) instruct the activity participants on Utah fishing laws and regulations.

(5) As used in this section:

(a) "School" means an elementary school or a secondary school that:

(i) is a public or private school located in the state; and

(ii) provides student instruction for one or more years of kindergarten through grade 9.

(b) "Youth organization" means a local Utah chapter of:

(i) the Boy Scouts of America;

(ii) the Girls Scouts of the USA; or

(iii) an organization that:

(A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and

(B) promotes character building through outdoor activities.

 

KEY: license, permit, certificate of registration

Date of Enactment or Last substantive Amendment: [July 8, 2014]2015

Notice of Continuation: May 6, 2013

Authorizing and implemented or Interpreted Law: 23-19-2