DAR File No. 40215

Natural Resources, Parks and Recreation

Rule R651-637

Antelope Island State Park Special Mule Deer and Bighorn Sheep Hunt

Notice of Proposed Rule

(Amendment)

DAR File No.: 40215
Filed: 02/17/2016 02:54:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment brings the Division of Parks and Recreation into compliance with Sections 23-14-1, 23-14-18, and 79-4-304 and cleans up existing language.

Summary of the rule or change:

The Utah Legislature instructed the Division of Parks and Recreation to offer hunting of mule deer and big horn sheep on Antelope Island State Park in 2011. These hunts have been offered annually each November in cooperation with the Division of Wildlife Resources. Each year, the Division of Park and Recreation board was asked to approve how many mule deer and big horn sheep would be harvested and the dates when the hunts would occur. It was brought to our attention that the way this was being handled was not in compliance with state law. The change brings the Division of Parks and Recreation into compliance with state law.

State statutory or constitutional authorization for this rule:

• Section 23-14-1
• Section 79-4-304
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

There is no anticipated savings or anticipated costs associated with this change. The changes only formalized a process the agency has been doing for years in cooperation with Division of Wildlife Resources.

local governments:

There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation.

small businesses:

There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation.

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

There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation.

Compliance costs for affected persons:

There is no anticipated savings or anticipated costs associated with this change. This change only affects administrative procedures within the Division of Wildlife Resources and the Division of Parks and Recreation.

Comments by the department head on the fiscal impact the rule may have on businesses:

There should be no impact on business.

Michael 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
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@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:

04/14/2016

This rule may become effective on:

04/21/2016

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-637. Antelope Island State Park Special Mule Deer and Bighorn Sheep Hunt.

R651-637-1. Authorization of a Hunt.

(1) Hunting of mule deer and bighorn sheep on Antelope Island State Park is authorized, and access on Antelope Island State Park is authorized for the purpose of hunting mule deer and bighorn sheep.

(2) All hunting shall be confined to the designated hunting unit which consists of that portion of approximately 26,000 acres on Antelope Island lying south of the chain link fence, commonly known as the "2000 acre fence" beginning in Farmington Bay and running in a south southwesterly direction and ending at White Rock Bay.

(3) [Dates]Season dates, permit numbers,[harvest objectives] and other parameters for hunts shall be [set annually by the Board utilizing recommendations of Division staff and interested parties]established by cooperative agreement.

(a) The Division of Parks and Recreation and the Division of Wildlife Resources, through their respective policy boards, will enter into a cooperative agreement for the purpose of establishing:

(i) the number of permits issued annually for bighorn sheep and buck mule deer on Antelope Island;

(ii) season dates for each hunt;

(iii) procedures and regulations applicable to hunting on Antelope Island;

(iv) protocols for issuing permits and conducting hunts for antlerless deer on Antelope Island when populations require management; and

(v) procedures and conditions for transferring marketed hunting permit revenue from the Division of Wildlife Resources to the Division of Parks and Recreation.

(b) The cooperative agreement governing bighorn sheep and mule deer hunting on Antelope Island and any subsequent amendment thereto shall be presented to the Wildlife Board and the Parks Board for approval prior to drawing or issuing hunting permits.

 

R651-637-2. Applicability of Law and Rules.

Hunting during the Antelope Island State Park Special Mule Deer and Bighorn Sheep Hunt shall be conducted in accordance with applicable state law, administrative code, hunting guidebooks of the Utah Wildlife Board, and in accordance with this rule.

 

R651-637-3. Season Dates.

The Antelope Island State Park [Special Mule Deer and Bighorn Sheep Hunt] bighorn sheep and mule deer hunts shall be conducted during legal hunting hours[as follows]:

[(1) Hunters obtaining a permit to hunt mule deer or bighorn sheep on Antelope Island through the competitive bid process may hunt during legal hours] beginning 30 minutes before official sunrise [on November 12 2012] and ending 30 minutes after official sunset; [on November 21, 2012]the season dates established by cooperative agreement pursuant to R651-637-1(3).

[(2) Hunters obtaining a permit to hunt mule deer or bighorn sheep on Antelope Island through the public draw process may hunt during legal hours beginning 30 minutes before official sunrise on November 15, 2012 and ending 30 minutes after official sunset on November 21, 2012.]

 

R651-637-4. Hunting Party Size.

Each hunter licensed to hunt during the Antelope Island State Park Special Mule Deer and Bighorn Sheep Hunt may be accompanied by up to four (4) non-hunting companions. Guides, photographers, packers and all other individuals accompanying the hunter in camp or in the field are included in this limit.

 

R651-637-5. Fees.

(1) Day use fees for licensed hunters and their companions will be waived for the duration of their hunt.

(2) Camping fees for hunters and their companions who desire to camp on Antelope Island during the hunt will be charged per the current fee schedule. All campers shall camp in designated areas as directed by park management.

(3) Commercial activities related to hunt activities shall be individually evaluated and permitted through the Division's established processes.

 

R651-637-6. Access.

(1) Motor vehicle access will be limited to roads open to public use. No off-road, motorized vehicular travel will be allowed.

(2) Off-highway vehicles as defined in Title 41-22-2 UCA are not allowed on Antelope Island.

(3) During the hunt, foot and horse travel, including cross-country foot and horse travel, will be allowed in all areas of the hunting unit.

(4) Foot and horse travel including cross-country foot and horse travel for the purposes of pre-season scouting is authorized for hunters and their guides. Hunters and guides conducting pre-season scouting shall notify Park Management of their presence on the Island, and shall adhere to instructions provided by Park Management. Standard day use and camping fees shall apply to pre-season scouting visits.

 

R651-637-7. Mandatory Orientation.

Parks' Management may require permit holders and their guides to attend a hunting[A mandatory] orientation meeting at Antelope Island State Park Visitor Center[will be held] prior to the hunt.[ at the Antelope Island State Park Visitor Center. All license holders and their guides shall be in attendance at this orientation session.]

 

R651-637-8. Mandatory Check-in and Check-out.

All hunters and their companions shall check in with Park Management at the beginning of their hunt and shall check out at the end of their hunt. Instructions on checking in and out will be provided[at the mandatory orientation].

 

R651-637-9. Handling of Harvested Wildlife.

The carcasses of all harvested wildlife shall be covered while being transported on Antelope Island or on the Antelope Island Causeway. This includes all parts of the harvested wildlife, including the head.

 

KEY: parks, hunting

Date of Enactment or Last Substantive Amendment: [November 7, 2012]April 21, 2016

Notice of Continuation: October 6, 2015

Authorizing, and Implemented or Interpreted Law: 79-4-304