DAR File No. 42492

Natural Resources, Wildlife Resources

Rule R657-33

Taking Bear

Notice of Proposed Rule

(Amendment)

DAR File No.: 42492
Filed: 01/23/2018 07:08:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources� (DWR) rule pursuant to taking bear.

Summary of the rule or change:

The proposed revisions to this rule: 1) lower the minimum bow pull from 40 pounds at the draw to 30 pounds; 2) remove the 300 grains weight requirement for arrows; 3) remove "prima facie evidence" and replaces it with "probable cause"; and 4) makes technical corrections as needed.

Statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This amendment lowers requirements on archery tackle and makes technical corrections to language and rule citations. DWR has determined that these amendments do not create a cost or savings impact to the state budget, since the changes will not increase workload and can be carried out with the existing budget.

local governments:

Since this amendment lowers a requirement on archery tackle and makes language clarifications, this filing does not create any direct cost or savings impact to any local governments. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

Since this amendment lowers requirements for hunters wishing to use archery tackle to hunt bears and clarifies language and rule citations, DWR feels this amendment will not generate a cost or savings impact on small businesses.

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

Since this amendment lowers requirements for hunters wishing to use archery tackle to hunt bears and clarifies language and rule citations, DWR feels this amendment will not generate a cost or savings impact on other persons.

Compliance costs for affected persons:

DWR has determined that these amendments do not create additional costs for sportsmen wishing to harvest bear using archery tackle 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 these rule amendments 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 [email protected]

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:

03/19/2018

This rule may become effective on:

03/26/2018

Authorized by:

Mike Fowlks, Deputy Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

"This proposed rule change to R657-33 Taking Bear is not expected to have any fiscal impacts on large businesses revenues or expenditures, because there are no services required from them in order to implement the rule changes.

 

The head of department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.

 

 

R657. Natural Resources, Wildlife Resources.

R657-33. Taking Bear.

R657-33-1. Purpose and Authority.

(1) Under authority of Sections 23-14-18 and 23-14-19, of the Utah Code, the Wildlife Board has established this rule for taking and pursuing bear.

(2) Specific dates, areas, number of permits, limits and other administrative details which may change annually are published in the guidebook of the Wildlife Board for taking and pursuing bear.

 

R657-33-6. Firearms and Archery Equipment.

(1) For limited entry and harvest objective hunts identified as an "any legal weapon hunt" in the Wildlife Board's guidebook for taking bear, a person may use the following to take bear:

(a) any firearm not capable of being fired fully automatic, except a firearm using a rimfire cartridge;

(b) archery equipment meeting the following requirements:

(i) the minimum bow pull is [40]30 pounds at the draw or the peak, whichever comes first; [and]

(ii) arrowheads used have two or more sharp cutting edges that cannot pass through a 7/8 inch ring;

(iii) expanding arrowheads cannot pass through a 7/8 inch ring when expanded; and

(iv) arrows must be a minimum of 20 inches in length from the tip of the arrowhead to the tip of the nock[, and must weigh at least 300 grains]; and

(c) a crossbow meeting the following requirements:

(i) a minimum draw weight of 125 pounds;

(ii[) a minimum draw length of 14 inches from the front of the bow to the nocking point;

(iii) a stock that is at least 18 inches long;

(iv]) a positive mechanical safety mechanism; and

([v]iii) an arrow or bolt that is at least 16 inches long with:

(A) a fixed broadhead that is at least 7/8 inch wide at the widest point; or

(B) an expandable, mechanical broadhead that is at least 7/8 inch wide at the widest point when the broadhead is in the open position.

(3) Arrows and bolts carried in or on a vehicle where a person is riding must be in an arrow quiver or a closed case.

(4)(a) A person who has obtained a limited entry bear archery permit may not use, possess, or be in control of a firearm, crossbow, or draw-lock while in the field during an archery bear hunt.

([i]b) "Field" for purposes of this subsection, means a location where the permitted species of wildlife is likely to be found[. "Field"], but does not include a hunter's established campsite or the interior of a fully enclosed automobile or truck.

([b]c) The provisions of Subsection (a) do not apply to:

(i) a person [licensed to hunt upland game or waterfowl provided the person complies with Rules R657-6 and R657-9 and the Upland Game Guidebook and Waterfowl guidebook, respectively, and possesses only legal weapons authorized to take]lawfully hunting upland game or waterfowl;

(ii) a person licensed to hunt big game species during hunts that coincide with the archery bear hunt;

(iii) livestock owners protecting their livestock; or

(iv) a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed firearm to hunt or take protected wildlife.

 

R657-33-10. Spotlighting.

(1) Except as provided in Section 23-13-17:

(a) a person may not use or cast the rays of any spotlight, headlight or other artificial light to locate protected wildlife while having in possession a firearm or other weapon or device that could be used to take or injure protected wildlife; and

(b) the use of a spotlight or other artificial light in a field, woodland or forest where protected wildlife are generally found is [prima facie evidence]probable cause of attempting to locate protected wildlife.

(2) The provisions of this section do not apply to:

(a) the use of the headlights of a motor vehicle or other artificial light in a usual manner where there is no attempt or intent to locate protected wildlife; or

(b) a person licensed to carry a concealed weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code, provided the person is not utilizing the concealed weapon to hunt or take wildlife.

 

R657-33-32. Harvest Objective Unit Reporting.

(1) Any person taking a bear with a harvest objective permit must report to the division, within 48 hours, where the bear was taken and have a permanent tag affixed pursuant to Section R657-33-17.

(2) Failure to accurately report the correct harvest objective unit where the bear was killed is unlawful.

(3) Any conviction for failure to accurately report, or aiding or assisting in the failure to accurately report as required in Subsection (1) shall be considered [prima facie]probable cause evidence of a knowing, intentional or reckless violation for purposes of permit suspension.

 

R657-33-35. Bonus Points.

Bonus points are accrued and used pursuant to R657-62-8 and R657-62-19.

 

KEY: wildlife, bear, game laws

Date of Enactment or Last Substantive Amendment: [March 9, 2016]2018

Notice of Continuation: November 28, 2017

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-13-2