DAR File No. 42383
This rule was published in the January 1, 2018, issue (Vol. 2018, No. 1) of the Utah State Bulletin.
Natural Resources, Wildlife Resources
Rule R657-70
Taking Utah Prairie Dogs
Notice of 120-Day (Emergency) Rule
DAR File No.: 42383
Filed: 12/14/2017 11:45:01 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
As some provisions of Rule R657-70 may violate terms of the Endangered Species Act, repealing this rule is necessary.
Summary of the rule or change:
The rule is being repealed in its entirety.
Emergency rule reason and justification:
Regular rulemaking procedures would place the agency in violation of federal or state law.
Justification: The Utah prairie dog is listed as "threatened" under the Endangered Species Act, and its management has been the subject of ongoing litigation in the case of People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service, et al. and Friends of Animals (Case No. 2:13-cv-00278). In November 2014, Judge Dee Benson issued a decision declaring that the species could not be listed under the Endangered Species Act on non-federal lands, and as such the state of Utah held management authority in those circumstances. This prompted the development of a specific rule for management of the Utah prairie dog (Rule R657-70) and modification of the Division of Wildlife Resource�s (DWR) nongame rule (Rule R657-19). The 10th Circuit Court of Appeals recently overturned the District Court's decision, returning full management authority to the federal government. As some provisions of Rule R657-70 may violate terms of the Endangered Species Act, repealing this rule is necessary. Rule R657-19 will largely be restored to the format it was in prior to the issuance of the District Court's decision, with two substantive changes: one in Subsection R657-19-7(5) and one in Subsection R657-19-7(6). These changes are necessary to be consistent with the federal rules regulating the take of Utah prairie dogs. The first specifies the dates of allowable take for Utah prairie dogs, and the second specifies the totals for range-wide take of Utah prairie dogs. (EDITOR'S NOTE: A corresponding proposed repeal of Rule R657-70 is under Filing No. 42378; and the 120-day (emergency) rule filing for Rule R657-19 that is effective as of 12/14/2017 is under Filing No. 42382 in this issue, January 1, 2018, of the Bulletin.)
Statutory or constitutional authorization for this rule:
- Section 23-14-19
- Section 23-13-3
- Section 23-14-18
- 16 U.S.C. 1531 et seq.
- 50 CFR 17.40(g)
Anticipated cost or savings to:
the state budget:
This repeal is necessary to align state rules to a recent court decision and applicable federal laws. DWR has determined that this repeal will not create any cost or savings to the state budget or DWR's budget, and all changes in the workload can be carried out within their existing budget.
local governments:
This repeal is necessary to align state rules to a recent court decision and applicable federal laws. While this rule repeal alone does not create any direct costs to local governments, it is anticipated that the transition to federal management authority mandated by the District Court's decision may increase costs and burdens on local governments.
small businesses:
This repeal is necessary to align state rules to a recent court decision and applicable federal laws. While this repeal alone does not create any direct costs to small businesses, it is anticipated that the transition to federal management authority necessitating this repeal may increase costs and burdens on small businesses and citizens affected by Utah prairie dogs.
persons other than small businesses, businesses, or local governmental entities:
This repeal is necessary to align state rules to a recent court decision and applicable federal laws. While this repeal alone does not create any direct costs to other persons, it is anticipated that the transition to federal management authority necessitating this repeal may increase costs and burdens on other persons and citizens affected by Utah prairie dogs.
Compliance costs for affected persons:
DWR has determined that this rule repeal will not create costs or savings to individuals in Utah participating in the Prairie Dog program.
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 rule repeal 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 ResourcesWildlife 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 [email protected]
This rule is effective on:
12/14/2017
Authorized by:
Mike Fowlks, Deputy Director
RULE TEXT
R657. Natural Resources, Wildlife Resources.
[R657-70. Taking Utah Prairie Dogs.
R657-70-1. Purpose and Authority.
(1) Under authority of Sections 23-14-1, 23-14-3,
23-14-18 and 23-14-19, this rule provides the standards and
requirements for taking Utah prairie dogs.
(2) A person capturing any live Utah prairie dog for a
personal, scientific, educational, or commercial use must comply
with rule R657-3, Collection, Importation, Transportation and
Possession of Animals.
R657-70-2. Definitions.
(1) Terms used in this rule are defined in Section
23-13-2.
(2) Additional terms used in this rule are defined as
follows:
(a) "Agriculture land" means any mapped,
non-federal property that is used or has been used in the
previous five (5) years for production of a cultivated crop or
irrigated pasture that is harvested or grazed.
(b) "Certificate of registration" means a
document issued by the division authorizing a person or entity to
take a Utah prairie dog.
(c) "Developed land" means any mapped,
non-federal property that is:
(i) developed or improved for public use and where Utah
prairie dogs threaten human health, safety or welfare, including
parks, playgrounds, public facilities, sports fields, golf
courses, school yards, churches, areas of cultural or religious
significance, improved roads, transportation systems, etc.;
or
(ii) within 50 feet of an occupied, residential or
commercial structure, or greater distance where prairie dogs
threaten human health, safety or welfare on developed curtilage,
including lawns, landscaping, gardens, driveways, etc.
(d) "Developable land" means any mapped,
non-federal property that does not have structures or
improvements on the surface of the property, excluding utilities,
on which construction of permanent structures or improvements is
proposed.
(e) "Division" means the Utah Division of
Wildlife Resources.
(f) "Federal land" means all lands in the State
of Utah owned by the United States government, including Forest
Service, Bureau of Land Management, Bureau of Reclamation,
Department of Defense, National Park Service, Bureau of Indian
Affairs, National Monument, and National Recreation Area
lands.
(g) "Immediate family" means a landowner's
or lessee's spouse, child, son-in-law, daughter-in-law,
father, mother, father-in-law, mother-in-law, brother, sister,
brother-in-law, sister-in-law, stepchild, and
grandchild.
(h) "Landowner" means the person(s) or entity
holding fee title to real property impacted by Utah prairie
dogs.
(i) "Lessee" means the person(s) or entity
leasing or renting under written contract real property impacted
by Utah prairie dogs.
(j) "Mapped" means areas within the state
identified and documented since 1972 by the division as currently
or historically occupied by Utah prairie dogs, excluding mapped
areas with a spring count of zero (0) animals in the current year
and the preceding four (4) years.
(k) "Non-federal lands" means all lands in the
State of Utah that are not owned by the United States
government.
(l) "Productivity" means the segment of a
population represented by young of the year; and is calculated by
multiplying the spring count (animals observed) by 2 (animals
underground), and multiplying that figure by 67% (percent females
in the population), and multiplying that figure by 97% (percent
females that breed), and multiplying that figure by 4 (average
litter size).
(m) "Protected land" means federal and
non-federal property that is set aside for the preservation of
Utah prairie dogs and protected specifically or primarily for
that purpose. Protective mechanisms can include conservation
easements, fee title purchases, regulatory designations,
etc.
(n) "Rangeland" means any mapped, non-federal
property that is used or has been used in the previous five (5)
years for grazing livestock, and is neither cultivated nor
irrigated.
(o) "Recovery unit" means one of the three
geographic areas established by the Utah Prairie Dog Recovery
Team for the protection and management of Utah prairie dogs -
West Desert Recovery Unit, Paunsaugunt Recovery Unit, and Awapa
Plateau Recovery Unit. Maps and boundaries of these units may be
obtained from the division.
(p) "Unmapped" means any area of the state on
non-federal land that is not classified as mapped by the
division.
(q) "Utah prairie dog" or "prairie
dog" means the genus and species
Cynomys parvidens.
R657-70-3. Legal Status of Utah Prairie Dog.
(1) On federal land, the Utah prairie dog is listed as
threatened under the Endangered Species Act of 1973 and subject
to the federal laws, authorities and jurisdictions applicable to
listed species.
(a) A person may not take a prairie dog on federal land,
except as authorized by the:
(i) United States Fish and Wildlife Service and the
federal regulations applicable to the species; and
(ii) division pursuant to this rule.
(2) On non-federal land, the Utah prairie dog is not
subject to the Endangered Species Act of 1973 and is managed by
State of Utah through the division.
(a) A person may not take a prairie dog on non-federal
land, except as authorized by the Wildlife Code and this
rule.
R657-70-4. Take of Utah Prairie Dogs on Federal Land.
(1) A person may not take a Utah prairie dog on federal
land:
(a) except as authorized by the U.S. Fish and Wildlife
Service and federal regulation; and
(b) without obtaining a certificate of registration from
the division.
(2) Notwithstanding Subsection (1)(b), a certificate of
registration is not required when a person receives an incidental
take permit from the U.S. Fish and Wildlife Service under Section
7 of the Endangered Species Act.
R657-70-5. Take of Utah Prairie Dogs in Inhabited Structures
on Non-federal Land.
(1)(a) Notwithstanding R657-70-13, any person, with the
consent of the owner or lessee, may take a Utah prairie dog on
non-federal land that is within the interior of a structure
inhabited or occupied by people.
(b) For purposes of this section, an inhabited or
occupied structure means a building where people live, work, or
visit, such as a home, apartment, hotel, commercial or public
office, public building, church, store, warehouse, business, work
shop, restaurant, etc.
(2) A certificate of registration or prior notice to the
division is not required to take a prairie dog under this
section.
(3) A person that takes a prairie dog under this section
is required to submit a monthly report to the division under
R657-70-15.
R657-70-6. Take of Utah Prairie Dogs on Unmapped Land.
(1) A person may not take a Utah prairie dog on unmapped
land, except as provided in this section and R657-70-8.
(2) A landowner or lessee of unmapped land may take a
prairie dog on that land without a certificate of registration,
provided:
(a) the division is notified prior to take and the
property where take will occur is confirmed by the division to be
unmapped land;
(b) take is performed exclusively by the individuals and
under the conditions set forth in R657-70-13;
(c) take is restricted to the unmapped land owned by the
landowner, or leased by the lessee; and
(d) the methods utilized to take prairie dogs are
consistent with the limitations in R657-70-14;
(3) Prairie dogs may be taken pursuant to this section
year-round and without numerical limitation.
(4) A person that takes a prairie dog under this section
shall submit a monthly report to the division, as provided in
R657-70-15.
R657-70-7. Take of Utah Prairie Dogs on Developed Land.
(1) A person may not take a Utah prairie dog on developed
land, excepted as provided in this section and
R657-70-8.
(2) A landowner or lessee of developed land may take a
prairie dog on that land without a certificate of registration,
provided:
(a) The division is notified prior to take and the
property where take will occur is confirmed by the division to be
developed land;
(b) Take is performed exclusively by the individuals and
under the conditions set forth in R657-70-13;
(c) Take is restricted to the developed land owned by the
landowner, or leased by the lessee; and
(d) The methods utilized to take prairie dogs are
consistent with the limitations in R657-70-14;
(3) Prairie dogs may be taken pursuant to this section
year around and without numerical limitation.
(4) A person that takes a prairie dog under this section
shall submit a monthly report to the division, as provided in
R657-70-15.
R657-70-8. Local Law Enforcement Take of Utah Prairie Dogs
on Non-federal Land.
(1)(a) Upon request of a county, the division may issue a
certificate of registration to the sheriff and deputies of that
county authorizing them to take Utah prairie dogs threatening
public health, safety or welfare on non-federal land within the
municipal boundaries of any city or town in the county.
(b) Upon request of a city or town, the division may
issue a certificate of registration to the law enforcement
authority of that city or town authorizing it to take Utah
prairie dogs threatening public health, safety or welfare on
non-federal land within the municipal boundaries of the city or
town.
(2) A certificate of registration issued to a law
enforcement authority under this section may permit lethal take
or live trapping and relocation to a division approved release
site.
(3) A county sheriff or the municipal law enforcement
authority issued a certificate of registration under this section
will report annually or upon request by the division, the number
of prairie dogs lethally removed and the number captured and
relocated, including the release site locations.
R657-70-9. Range-wide Take Limit for Developable Land,
Agriculture Land, and Rangeland.
(1) Except as provided in Subsection (2), no more than
6,000 Utah prairie dogs will be authorized for range-wide take
annually on developable land, agriculture land, and
rangeland.
(2)(a) When the range-wide spring count of adult prairie
dogs on non-federal/non-protected lands exceeds 6,000
individuals, the annual 6,000 range-wide take limit will be
increased by 1/2 the number counted in excess of 6,000.
(b) When, and as long as, the three year average spring
count of adult prairie dogs on protected land in a single
recovery unit reaches 2,000 individuals, all certificate of
registration requirements and numerical take limitations on
non-federal/non-protected land in that recovery unit will be
removed.
(i) All other restrictions on prairie dog take in the
recovery unit will remain in place and enforceable.
(3) Prairie dog take on unmapped land, developed land,
and inhabited structures does not count against the 6,000 animal
annual limit.
R657-70-10. Take of Utah Prairie Dogs on Developable
Land.
(1) A person may not take a Utah prairie dog on
developable land without first obtaining a certificate of
registration from the division.
(2)(a)(i) A person may obtain a certificate of
registration to take prairie dogs on developable land
when:
(A) a construction project is proposed for a parcel of
developable land; and
(B) construction on the project is imminent.
(ii) The project proponent must notify the division prior
to disturbing the surface of the ground or building a structure
on developable land.
(b) Upon receiving notice of the proposed construction
project, the division will survey the subject property for the
presence of prairie dogs.
(i) If the property is not occupied by prairie dogs, the
division will issue a written notification to the project
proponent authorizing the project to proceed.
(ii) If prairie dogs are discovered on the property, the
division will first attempt to trap and relocate the animals to
the extent feasible and in coordination with the project
proponent.
(A) Prairie dogs trapped and relocated from July 1
through October 1 are not counted against the range-wide prairie
dog limit in R657-70-9.
(iii) If the project proponent declines to delay the
project for trapping, or when trapping is determined complete,
the division will issue a certificate of registration to the
project proponent authorizing take of all prairie dogs present or
remaining on the property.
(A) All take is counted against the range-wide prairie
dog limit in R657-70-9.
(3) Notwithstanding the limitations in R657-70-13, take
may be performed by any person authorized by the project
proponent.
(4) Take is allowed only on the property proposed for the
project and identified in the certificate of
registration.
(5) Prairie dogs may be taken pursuant to this section
year around.
R657-70-11. Take of Utah Prairie Dogs on Agriculture
Land.
(1) A person may not take a Utah prairie dog on
agriculture land without first obtaining a certificate of
registration from the division, except as provided in
R657-70-7.
(2) A landowner or lessee of agriculture land may apply
to the division for a certificate of registration to take prairie
dogs damaging their agriculture land.
(a) The application shall include the:
(i) applicant's full name, mailing address, and phone
number;
(ii) applicant's status as an owner or lessee of the
property;
(iii) landowner's signature, and consent when the
applicant is a lessee;
(iv) name and identifying information for each individual
designated by the applicant and eligible under R657-70-13 to take
prairie dogs on the property; and
(v) township, range, section, 1/4 section, and parcel
number of the agricultural land where the prairie dogs will be
taken.
(b) An application for a certificate of registration must
be submitted to the division's southern region office at 1470
North Airport Road, Suite 1, Cedar City, Utah 84721, or online
when available.
(c) Upon receipt of an application, the division will
determine the maximum number of Utah prairie dogs that may be
taken on the property under a certificate of
registration.
(i) The division will calculate the yearly maximum take
using the following criteria:
(A) 50% of prairie dog productivity on the property may
be authorized for take when the three year average spring count
on protected land in the recovery unit is 999 or less;
(B) 100% of prairie dog productivity on the property may
be authorized for take when the three year average spring count
on protected land in the recovery unit is between 1,000 and
1,249;
(C) 100% of prairie dog productivity and 33% of spring
count on the property may be authorized for take when three year
average spring count on protected land in the recovery unit is
between 1,250 and 1,499;
(D) 100% of prairie dog productivity and 66% of spring
count on the property may be authorized for take when three year
average spring count on protected land in the recovery unit is
between 1,500 and 1,999; and
(E) Unlimited take is authorized without a certificate of
registration when the three year average spring count on
protected land in the recovery unit is 2,000 or greater.
(3)(a) After review of the application and determining
the maximum take limit for the property, a certificate of
registration may be issued.
(b) The certificate of registration will
identify:
(i) the name of the property owner, lessee, or other
person authorized to take prairie dogs on the property;
(ii) the maximum number of prairie dogs that may be taken
on the property; and
(iii) a general description of the location and
boundaries of the subject property.
(c) A certificate of registration shall be issued on an
individual basis and shall be valid only for the person to whom
it is issued.
(d) A certificate of registration is not transferrable
and must be signed by the holder prior to use.
(e) If the application and permitting process is
accomplished by U.S. Mail, the certificate of registration shall
only become valid after a copy of the signed certificate of
registration is received by the division's southern regional
office.
(4) Prairie dogs allowed by the landowner or lessee to be
trapped on the property and relocated by the division between
July 1 and October 1 - before lethal take -- will not count
against the range-wide prairie dog limit in R657-70-9 or the
property's maximum take limit identified on the certificate
of registration unless the landowner or leesee is enrolled in the
damage compensation program.
(5)(a) A landowner or lessee that obtains a certificate
of registration to take prairie dogs on agriculture land and
thereafter agrees with the division to allow trapping and
relocation efforts on the property before lethally taking prairie
dogs, may receive compensation for the damage caused by prairie
dogs during the trapping period.
(i) Participation in the damage compensation program is
voluntary on the part of the landowner or lessee and
discretionary on the part of the division.
(ii) Only properties with a spring count of 50 or more
prairie dogs are eligible for participation in the
program.
(iii) Compensation will be based on the number of prairie
dogs on the property and the associated damage estimate between
May 1 and September 30.
(b)(i) A landowner or lessee must apply to participate in
the damage compensation program by submitting a written
application to the division that includes:
(A) the applicant's full name, mailing address; and
phone number;
(B) the township, range, section, 1/4 section and parcel
number of the agricultural land where the prairie dogs will
trapped;
(C) proof that the applicant is the fee title owner or
lessee of the agricultural land where the prairie dogs will be
trapped; and
(D) the landowner's signature, or the lessee's
and landowner's signature when the applicant is the
lessee.
(ii) An application to participate in the damage
compensation program must be submitted:
(A) to the division's southern region office at 1470
North Airport Road, Suite 1, Cedar City, Utah 8472, or online
when available; and
(B) by May 15 of the year for which compensation is
requested.
(iii) Applications for damage compensation will be
evaluated by the division and granted based on the:
(A) availability of compensation funding;
(B) number and density of prairie dogs that the division
determines are present on the property;
(C) ease and efficiency by which prairie dogs can be
trapped and relocated;
(D) availability of release sites;
(E) availability of division personnel and funding to
trap and relocate; and
(F) degree of expected damage during the trapping
period.
(iv) Nothing herein shall be construed as guaranteeing
that an application to participate in the damage compensation
program will be granted or that all persons desiring to
participate in the program will have the opportunity to do
so.
(c) Compensation for prairie dog damage will be based on
the following criteria, regardless of the crop involved:
(i) the estimated number of prairie dogs on the property
where trapping will occur;
(A) the division will estimate prairie dog numbers by
counting visible prairie dogs on the property in the spring,
doubling that number to account for adults below ground, and
multiplying the result by 2.6 to account for juvenile
production.
(ii) each adult prairie dog consuming 0.75 pounds of
alfalfa a day and each juvenile 0.375 pounds a day;
(iii) adult prairie dogs causing damage five months per
year and juveniles four months per year;
(iv) the market price of the alfalfa at the time the
contract referenced in Subsection (d) is executed; and
(v) an additional 10% for damage to farming equipment and
fences.
(d) The division will enter into a written contract with
successful applicants possessing eligible property and a
certificate of registration to take prairie dogs on their
agriculture land that:
(i) suspends lethal removal efforts by the landowner or
lessee until the division completes prairie dog trapping on the
property; and
(ii) identifies the monetary compensation the landowner
or lessee will receive from the division for seasonal prairie dog
damage anticipated to occur.
(e) All prairie dogs trapped and relocated under a
compensation agreement will count against the range-wide prairie
dog limit in R657-70-9 and the property's maximum take limit
identified on the certificate of registration.
(f) Once trapping is completed, the division will deduct
the number of trapped prairie dogs from the certificate of
registration's original take limit and notify the landowner
or lessee:
(i) of the adjusted take limit; and
(ii) that removing prairie dogs from the property
pursuant to the terms of the adjusted certificate of registration
is permitted.
(6) The division may issue a certificate of registration
authorizing a landowner or lessee to take prairie dogs dispersing
from the property targeted for trapping under Subsections (4) or
(5) to other areas of the property or adjacent properties that do
not have a preexisting colony.
(7)(a) Only those people specifically identified in
R657-70-13 and on a certificate of registration to take prairie
dogs on agriculture land may do so.
(b) Take is restricted to the agriculture land owned by
the landowner, or leased by the lessee.
(c) Prairie dogs may be taken on agriculture land only
with firearms, archery equipment, and kill traps.
(d) Prairie dogs may be taken under this section from
June 1 to December 31, and in number not to exceed that
identified on the certificate of registration.
(8) A person that takes a prairie dog under this section
shall submit a monthly report to the division, as provided in
R657-70-15.
R657-70-12. Take of Utah Prairie Dogs on Rangeland.
(1) A person may not take a Utah prairie dog on rangeland
without first obtaining a certificate of registration from the
division.
(2) A landowner or lessee of rangeland may apply for and
obtain a certificate of registration from the division to take
prairie dogs damaging rangeland under the same procedures and
conditions provided in R657-70-11 for taking prairie dogs on
agriculture land, except monetary compensation is not available
for rangeland damage.
R657-70-13. Individuals Authorized to Take Utah Prairie Dogs
on Federal and Non-federal Lands.
(1) Except as provided in R657-70-8 and R657-70-10(3),
only the following individuals may take a Utah prairie dog when
take is authorized under the provisions of this chapter:
(a) landowner;
(b) lessee, when authorized by the landowner to take
prairie dogs on the property;
(c) immediate family member of the landowner or lessee,
when authorized by the landowner to take prairie dogs on the
property;
(d) employee of the landowner or lessee that is on a
regular payroll and not hired specifically to take prairie dogs,
when authorized by the landowner to take prairie dogs on the
property; and
(e) designee of the landowner or lessee that possesses a
certificate of registration from the division, as provided in
Subsection (2).
(2)(a) A person other than a landowner, lessee, or their
immediate family member, or an employee on a regular payroll not
hired specifically to take prairie dogs, may apply for a
certificate of registration to take prairie dogs as a designee of
the landowner or lessee, provided the application
includes:
(i) the applicant's:
(A) full name;
(B) complete mailing address;
(C) phone number;
(D) date of birth;
(E) weight and height;
(F) gender; and
(G) color of hair and eyes;
(ii) the township, range, section, 1/4 section and parcel
number of the agricultural lands where the prairie dogs will be
taken;
(iii) justification for utilization of the
designee;
(iv) the landowner's signature or the lessee's
and landowner's signature when the applicant is the
lessee's designee; and
(v) verification that the designee will not pay or
receive any form of compensation for taking prairie dogs on the
landowner's or lessee's property.
(b) An application for a certificate of registration must
be submitted to the division's southern region office at 1470
North Airport Road, Suite 1, Cedar City, Utah 84721 or online
when available.
(c) A maximum of two designee certificates of
registration may be issued per landowner and lessee each
year.
(d) Each designee application shall be considered
individually based upon the information, explanation and
justification provided.
(e) An applicant must be at least 14 years of age at the
time of application and must abide by the provisions for children
being accompanied by adults while hunting with a weapon pursuant
to Section 23-20-20.
(f)(i) After review of the application, a certificate of
registration may be issued.
(ii) A certificate of registration shall be issued on an
individual basis and shall be valid only for the person to whom
it is issued.
(iii) A certificate of registration is not transferrable
and must be signed by the holder prior to use.
(g) If the application and permitting process is
accomplished by U.S. Mail, the certificate of registration shall
only become valid after a copy of the signed certificate of
registration is received by the division's southern regional
office.
R657-70-14. Methods of Take.
(1)(a) A person authorized to take a Utah prairie dog
under this chapter may lethally remove the animal using any means
permitted by state, local, and federal law.
(b) Environmental Protection Agency regulations currently
prohibit the use of toxicants and fumigants on Utah prairie
dogs.
(2) Except as provided in R657-70-8 or as authorized by
the division in a certificate of registration, a person may
not:
(a) capture or attempt to capture a prairie dog
alive;
(b) possess a live prairie dog; or
(c) release a prairie dog to the wild.
R657-70-15. Monthly Reports on Take of Utah Prairie
Dogs.
(1) The following information must be reported every 30
days to the division's southern region office at 1470 North
Airport Road, Suite 1, Cedar City, Utah 84720, or online when
available:
(a) the name and signature of the landowner, lessee, or
certificate of registration holder;
(b) the person's certificate of registration number
(where applicable);
(c) the number of prairie dogs taken; and
(d) the location and method of disposal of each prairie
dog taken during the 30-day period.
(2) Failure to report the information required in
Subsection (1), within 30 days, may result in the denial of
future opportunity to take prairie dogs.
R657-70-16. Take on Protected Land.
(1) Notwithstanding any other provision in this chapter
authorizing take of prairie dogs, a person may not take a Utah
prairie dog on protected land set aside by contractual agreement
or law for the protection and conservation of Utah prairie
dogs.
KEY: wildlife, game laws
Date of Enactment or Last Substantive Amendment: August 7,
2015
Authorizing, and Implemented or Interpreted Law:
23-14-1; 23-14-3; 23-14-18; 23-14-19
]
Additional Information
More information about a Notice of 120-Day (Emergency) 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/2018/b20180101.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 Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.