DAR File No. 41042

This rule was published in the December 15, 2016, issue (Vol. 2016, No. 24) of the Utah State Bulletin.


Natural Resources, Parks and Recreation

Section R651-614-5

Hunting with Firearms

Notice of Proposed Rule

(Amendment)

DAR File No.: 41042
Filed: 12/01/2016 03:38:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R651-614-5 currently conflicts with Section 76-10-508, Discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle. Minimum distances required when discharging a firearm or other dangerous weapons outlined in Section 76-10-508 are far less restrictive than those required under Section R651-614-5. This has led to confusion with our division staff and the general public. The removal of this section will help to clarify the current law.

Summary of the rule or change:

Section R651-614-5 currently conflicts with Section 76-10-508. Minimum distances required when discharging a firearm or other dangerous weapon outlined in Section 76-10-508 are far less restrictive than those required under Section R651-614-5. This has led to confusion with our division staff and the general public. The current rule only applies to hunting. Recreational discharge of a firearm or dangerous weapon within park boundaries outside of state park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps and developed beaches and at least 600 feet from any buildings is currently legal. If a person is hunting with the same weapon the current rule requires a much greater minimum distance. There is no logical reason for the difference in required minimum distances between Section R651-614-5 and Section 76-10-508.

Statutory or constitutional authorization for this rule:

  • Section 79-4-501

Anticipated cost or savings to:

the state budget:

No cost or savings will be incurred to the state budget since this section removal was only done to the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact.

local governments:

No cost or savings will be incurred to local government since this section removal was only done to the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact.

small businesses:

No cost or savings will be incurred to small business since this section removal was only done to bring the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact.

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

No cost or savings will be incurred to persons other than small businesses, businesses, or local government entities since this section removal was only done to bring the Division of Utah Parks and Recreation into compliance with Section 76-10-508, and this change has no financial impact.

Compliance costs for affected persons:

There are no compliance costs for affected persons since this section removal was done to bring the Division of Utah Parks and Recreation into compliance with Section 76-10-508.

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

This rule change should have no fiscal impact to business.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

01/17/2017

This rule may become effective on:

01/24/2017

Authorized by:

Fred Hayes, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-614. Fishing, Hunting and Trapping.

[R651-614-5. Hunting with Firearms.

Hunting with rifles and handguns on park areas designated open is prohibited within one mile of all park area facilities, including, but not limited to buildings, camp/picnic sites, overlooks, golf courses, boat ramps and developed beaches. Shotguns and archery equipment are prohibited within one-quarter mile of above stated areas.]

 

KEY: parks

Date of Enactment or Last Substantive Amendment: January 24, 2017 [July 8, 2013 ]

Notice of Continuation: June 27, 2013

Authorizing, and Implemented or Interpreted Law: 79-4-501


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161215.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact 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.  For questions about the rulemaking process, please contact the Office of Administrative Rules.