DAR File No. 42373

Natural Resources, Wildlife Resources

Rule R657-71

Removal of Wild Deer from Domesticated Elk Facilities

Notice of Proposed Rule

(New Rule)

DAR File No.: 42373
Filed: 12/11/2017 11:40:47 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being proposed pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the Removal of Wild Deer from Domesticated Elk Facilities rule.

Summary of the rule or change:

This new rule sets the protocol for removing wild deer from domesticated elk facilities.

Statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This new rule sets the process and protocol for removing wild deer from domesticated elk facilities, since this will not increase workload for the Division of Wildlife Resources (DWR). DWR determines that this new rule does not create a cost or savings 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:

Since the new rule applies directly to domesticated elk facilities this filing does not create any direct cost or savings to local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

This new rule will have a positive impact on operators of domesticated elk facilities. This rule provides a legal process for operators to remove wild deer from their facilities. There is not a cost associated with the Certificate of Registration, nor can the operator assess a cost to those removing the deer. DWR, in conjunction with the Department of Agriculture and Food, will work directly with the operators to ensure that they can remove the wild deer legally and protect their facilities from disease or escapement.

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

This new rule will have a positive impact on operators of domesticated elk facilities. This rule provides a legal process for operators to remove wild deer from their facilities. There is not a cost associated with the Certificate of Registration, nor can the operator assess a cost to those removing the deer. DWR, in conjunction with the Department of Agriculture and Food, will work directly with the operators to ensure that they can remove the wild deer legally and protect their facilities from disease or escapement.

Compliance costs for affected persons:

DWR determines that this new rule will not create additional costs for those who own and operate domesticated elk facilities in Utah.

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

After conducting a thorough analysis, it was determined that this proposed new rule will not result in a fiscal impact to businesses.

Michael R. 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
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:

01/31/2018

This rule may become effective on:

02/07/2018

Authorized by:

Mike Fowlks, Deputy Director

R657. Natural Resources, Wildlife Resources.

R657-71. Removal of Wild Deer from Domesticated Elk Facilities.

R657-71-1. Purpose and Authority.

Under the authority of Utah Code Annotated Sections 23-14-1, 23-14-3, 23-14-18, 23-14-19, and 23-19-1, this rule authorizes the division to issue a certificate of registration for the lethal removal of wild deer that are found within the enclosures of domesticated elk facilities.

 

R657-71-2. Definitions.

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

 

R657-71-3. Application for a Certificate of Registration.

(1) An owner or operator of a lawfully permitted domesticated elk facility that locates wild deer within the boundary of their facility must immediately notify the division.

(2) Upon confirmation by the division that there are wild deer confined within the perimeter of a domesticated elk facility, the owner or operator may apply for a certificate of registration authorizing the lethal removal of deer.

(3) As a condition of receiving a certificate of registration, the division may, in cooperation with the Department of Agriculture, identify modifications or improvements to the domesticated elk facility that will ensure a secure perimeter and prevent future entry of wild cervids into the facility.

(4)(a) Only the owner or operator, their immediate family members, or facility employees may be authorized to lethally remove deer from a domesticated elk facility.

(b) Any individual authorized to act under a certificate of registration must:

(i) have passed a division authorized hunter education course;

(ii) be eligible to legally possess and handle a firearm; and

(iii) not be under an active suspension or revocation of their big game hunting privileges.

(c) Only weapons authorized by the division's big game rule, R657-5, may be used to lethally remove deer under the certificate of registration.

 

R657-71-4. Terms of Certificate of Registration.

(1) The certificate of registration shall identify:

(a) the name and contact information for the domesticated elk facility;

(b) the number of wild deer that are to be lethally removed;

(c) the names of the individuals authorized to act under the certificate of registration;

(e) the dates authorized for lethal removal;

(f) the reporting date for which the division must receive confirmation that all

wild deer have been removed from the facility; and

(g) directions to the certificate of registration holder regarding carcass delivery to the division for donation and disease sampling.

(2)(a) The certificate of registration may only authorize lethal removal of wild deer within the perimeter of the facility.

(3) A certificate of registration may not authorize lethal removal of deer outside of the facility perimeter fence.

(4) No fee may be assessed by the certificate of registration holder, any individual acting under the authority of the certificate of registration, or the individual or business entity operating the facility in order exercise the privileges authorized by the certificate of registration.

(5) Neither the certificate of registration holder nor any individual acting under its authority may commercialize any wildlife or their parts that are removed from a domestic elk facility pursuant to this rule.

(6)(a) A certificate of registration may allow lethal removal of wild deer for a specified term between August 1 to December 31.

(b) Lethal removal of wild deer may not be authorized between January 1 through July 31.

 

R657-71-5. Reporting Requirements and Disease Testing.

(1)(a) Every wild deer and all parts lethally removed from the facility must be collected and provided to division promptly following removal.

(b) Upon locating a deer carcass not initially recovered, the owner or operator shall promptly deliver the carcass to the division, including any attached antlers.

(2) The certificate of registration holder must deliver each carcass to the division in a condition allowing for meat donation and disease sampling.

(3) The certificate of registration holder shall notify the Department of Agriculture of all lethal removal efforts, including the following:

(a) deer that are lethally removed and delivered to the division;

(b) deer that are shot but not recovered; and

(c) any deer carcass that is not initially recovered but located and subsequently delivered to the division.

 

R657-71-6. Reservation of Division Authority.

(1) Nothing herein shall preclude the division from unilaterally removing wild deer from domesticated elk facilities, consistent with statutory notification provisions.

(2) If the division determines that issuance of a certificate of registration for lethal removal is appropriate, the division may determine the number of deer that may be removed under a certificate of registration based upon the individual circumstances of each request, including but not limited to:

(a) the age and sex of the animals confined;

(b) threats to the wildlife resource; and

(c) potential impacts to the owner or operator.

 

KEY: wildlife, game laws, big game

Date of Enactment or Last Substantive Amendment: 2018

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