DAR File No. 40404

Natural Resources, Wildlife Resources

Rule R657-23

Utah Hunter Education Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 40404
Filed: 05/05/2016 12:39:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to: 1) eliminate the minimum number of hours required for both the traditional/instructor led classroom course and the online course practical testing day while still ensuring compliance with the International Hunter Education Association-USA (IHEA-USA) hunter education standards; and 2) maintain a live-fire component in the hunter education course without requiring a shooting/marksmanship test.

Summary of the rule or change:

This rule is being amended to better align with the IHEA�USA minimum hunter education standards for use in the United States to ensure consistency and to maintain reciprocity agreements among the states.

State statutory or constitutional authorization for this rule:

• Section 23-19-12
• Section 23-19-11

Anticipated cost or savings to:

the state budget:

This rule is being amended to better align with the IHEA�USA standards. The Division of Wildlife Resources (DWR) determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget and can be implemented with current budget and personnel.

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 aligning the state's minimum hunter education requirements with that of the IHEA�USA. Therefore, this amendment does not impose any additional requirements on other persons nor generate a cost or savings impact to small businesses.

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

This rule is aligning the state's minimum hunter education requirements with that of the IHEA�USA. Therefore, this amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This rule is better aligning the states hunter education minimum requirements with the IHEA�USA to ensure consistency and to maintain reciprocity agreements among the states. Therefore, the division determines that there are not any 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 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:

07/01/2016

This rule may become effective on:

07/08/2016

Authorized by:

Gregory Sheehan, Director

R657. Natural Resources, Wildlife Resources.

R657-23. Utah Hunter Education Program.

R657-23-1. Purpose and Authority.

Under authority of Section 23-19-11, this rule provides the process and requirements for:

(1) hunter education instructor and student training; and

(2) presenting and obtaining proof of having successfully completed an approved hunter education course.

R657-23-2. Definitions.

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

(2) In addition:

(a) "Approved hunter education course" means any hunter education course that qualifies a person to receive a resident hunting license in the state, province, or country in which the hunter education course is offered.

(b) "Authorized division representative" means a volunteer hunter education instructor who has been approved by the division to issue duplicate blue cards.

(c) "Blue Card" means the certificate of completion issued by the division for having passed a Utah hunter education course or an approved hunter education course.

(d) "Certificate of completion" means a card, certificate, or other document issued by the wildlife agency of a state, province, or country, and signed by a hunter education instructor, verifying successful completion of an approved hunter education course.

(e) "Hunter Education Registration Certificate" means a document purchased from the division that is valid for 365 days from date of purchase which is required to sign up for and graduate from the hunter education course. This document becomes a valid hunting license upon validation of course completion by a certified hunter education instructor.

(f) "[Practical exercise and testing day" means a student has successfully completed the hunter education course online and shall participate in taking a written test, a practical shooting test, and instruction on]Field day" means an instructor-lead practical exercise which may include instruction in and student demonstration in the safe use of firearms[safety and], hunter responsibility[during a minimum of five hours with a], a written exam, and a live fire exercise with a certified hunter education instructor as prescribed by the Utah Hunter Education Program administration.

(g) "Trainer" means a volunteer hunter education instructor or Division employee who has been certified by the division to train hunter education instructors.

(h) "Instructor" means a volunteer hunter education instructor or division employee who has been [certified]approved by the division to teach the hunter education program to students.

(i) "Online hunter education course" means a Division-approved hunter education course that is completed online [substituting the minimum 12 hours classroom requirement, and is taken through the division's Internet address]prior to attending a field day.

(j) "Student" means a person who is registered in a hunter education course being taught by a certified hunter education instructor.

(k) "[Traditional]Instructor-lead hunter education course" means a hunter education course that [is a minimum of 12 classroom hours, a written test]meets the International Hunter Education Association -- USA minimum standards for hunter education and that is lead by an instructor and includes, a written exam and a [practical shooting test]live fire exercise.

R657-23-3. Hunter Education Required.

(1)(a) To obtain a hunting license, any person born after December 31, 1965, must present proof of having passed a division approved hunter education course.

(b) A person may take a hunter education course offered by the division as provided in Subsection (2), [(3), ]or ([4]3).

(2) Completion of a [traditional]instructor-lead hunter education course requires students to:

(a) purchase a hunter education registration certificate from a Division authorized licensed vendor[.];

(b) attend the [minimum 12-hour classroom]instructor-lead course;

(c) behave in a safe and responsible manner in class;

(d) obtain a passing score of at least 75% on a written [test]exam; and

(e) [obtain a passing score of at least 50% on a shooting practical test.]participate in a live fire exercise demonstrating safe firearms handling.

(3) Completion of the online hunter education course requires students to:

(a) purchase a hunter education registration certificate from a Division authorized licensed vendor.

(b) pre-register for the field day by contacting the instructor by mail, e-mail or telephone;

(c) [comprehensively read each chapter of the online workbook, and complete and obtain a passing score of at least 80% of each quiz that is provided after each chapter of the workbook;]successfully complete a division-approved online course and provide documentation of completion to the hunter education instructor prior to participating in a field day;

(d) behave in a safe and responsible manner while attending the field day;

(e) obtain a passing score of at least 75% on a written [test]exam; and

(f) [obtain a passing score of at least 50% on a shooting practical test.]participate in a live fire exercise demonstrating safe firearms handling.

(4)(a) The division will issue a Blue Card to each individual who successfully completes the hunter education course.

[(b) A Blue Card shall not be issued to a person who has not successfully completed the hunter education requirements.]

(5) A member of the United States Armed Forces [or]on active duty, reserve duty, or having veteran status, or a member of the Utah National Guard is exempt from the [shooting practical test]live fire exercise required in Subsections 2 and 3 above if they can provide [a copy of their federal form 201 from the military outlining their firearms training]their active or reserve status Military identification card or valid documentation of veteran status to the hunter education instructor prior to the [firearms practical test]live fire exercise.

(6) The division shall accept other states, provinces, and countries criteria and qualifications for their respective courses, which meet or exceed the International Hunter Education Association -USA hunter education standards.

R657-23-4. Documents Accepted as Proof of Completion of a Hunter Education Course.

(1) The division and division approved license agents shall accept proof of completion of an approved hunter education course from other states, provinces, and countries whole criteria and qualifications for their respective courses, meet or exceed the International Hunter Education Association-USA hunter education standards in accordance with Section 23-19-11.

(2)(a) Any person who has completed an approved hunter education course in another state, province, or country and becomes a Utah resident must obtain a transfer Blue Card prior to purchasing a resident hunting license.

(b) The person must present proof of completion of an approved hunter education course to a division office as required under Subsection (1).

(3)(a) If an applicant for a nonresident hunting license is not able to present a hunting license with the hunter education number noted on it or a certificate of completion as provided in Subsection (1), the division may contact another state, province, or country to verify the completion of a hunter education course so that a nonresident hunting license may be issued.

(4)(a) If an applicant for a resident or nonresident hunting license has completed a hunter education course in Utah but is not able to present a hunting license [or a certificate of completion as provided in Subsection (1)]with the hunter education number noted on it, the division may research the division[']'s hunter education records to verify that the applicant has completed the hunter education course.

(b) Upon issuance of the hunting license, the division shall indicate the applicant's hunter education number on the face of the hunting license.

(5)(a) If a Blue Card is lost or destroyed, a person may apply by mail or in person at a division office[, or may contact an authorized division representative] to obtain a duplicate Blue Card. The person must complete an affidavit and request a record's search.

(b) Upon verification of completion of the hunter education course, the division[or authorized division representative] may issue the person a duplicate Blue Card.

(6) The division requires any person whose records cannot be found or who cannot be verified as having completed a hunter education course to take the complete course as required under Section R657-23-3.

(7) For the purpose of issuing a hunting license, the division may, upon request, provide verification to another state's wildlife agency that a resident or former resident of Utah has met the Utah hunter education requirements.

(8) The division may charge a fee for the services provided in Subsections (2), (3), (4), and (5).

R657-23-5. Hunter Education Instructor Training.

(1) A person must be 21 years of age or older to become a certified hunter education instructor.

(2) Completion of a hunter education instructor course requires a person to: [EITHER]

[(a) attend the 18 hour classroom course conducted by a trainer;

(b) pass a criminal background check assessing suitability to work with children under the age of 18 years and to serve as an instructor;

(c) obtain a passing score of at least 80% on a written test; and

(d) obtain a passing score of at least 50% on a shooting practical test.

OR]

(a) Complete the Division's [online ]instructor training course.

(b) Pass a criminal background check assessing suitability to work with children under the age of 18 years and to serve as an instructor;

(c) Attend a [6 hour workshop]training course conducted by a trainer[.];

(d) Obtain a passing score of at least 75% on a written [test]exam; and

(e) [Obtain a passing score of at least 50% on a shooting practical test. ]Participate in a live fire exercise or a range safety training course.

(3) The division shall issue a hunter education instructor card to each individual who successfully completes the hunter education instructor course.

KEY: wildlife, game laws, hunter education

Date of Enactment or Last Substantive Amendment: [August 21, 2008]2016

Notice of Continuation: December 5, 2012

Authorizing, and Implemented or Interpreted Law: 23-19-11