DAR File No. 42919
This rule was published in the June 1, 2018, issue (Vol. 2018, No. 11) of the Utah State Bulletin.
Natural Resources, Wildlife Resources
Rule R657-10
Taking Cougar
Notice of Proposed Rule
(Amendment)
DAR File No.: 42919
Filed: 05/15/2018 06:46:25 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is being amended pursuant to the Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources' (DWR) cougar program.
Summary of the rule or change:
These proposed revisions remove the language concerning Poaching-Reported Reward Permits. This language has been moved into the new proposed Rule R657-51, Poaching-Reported Reward Permits. (EDITOR'S NOTE: The proposed new Rule R657-51 is under Filing No. 42913 in this issue, June 1, 2018, of the Bulletin.)
Statutory or constitutional authorization for this rule:
- Section 23-14-18
- Section 23-14-19
Anticipated cost or savings to:
the state budget:
These proposed rule amendments remove rule language from this rule and places it in a separate rule. These changes can be initiated within the current workload and resources of DWR, therefore, DWR has determined that these amendments do not create a cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with the existing budget.
local governments:
Since these proposed amendments simply move rule language, this filing does not create any direct cost or savings impact to local governments. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.
small businesses:
None--These amendments are technical in nature and do not have the potential to create a cost impact.
persons other than small businesses, businesses, or local governmental entities:
None--These amendments are technical in nature and do not have the potential to create a cost impact.
Compliance costs for affected persons:
DWR has determined that these amendments will not create additional costs for those participating in the poaching reward permit 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 these proposed rule changes 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 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:
07/02/2018
This rule may become effective on:
07/09/2018
Authorized by:
Mike Fowlks, Deputy Director
RULE TEXT
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
These amendments remove text from Rule R657-10 and places it in the new Rule R657-51, Poaching-Reported Reward Permits. It 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 this new rule.
The head of department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.
R657. Natural Resources, Wildlife Resources.
R657-10. Taking Cougar.
R657-10-1. 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 cougar.
(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 cougar.
R657-10-32. Poaching-Reported Reward Permits.
[(1) For purposes of this section, "successful
prosecution" means the screening and filing of charges for the
poaching incident.
(2) Any person who provides information leading to
another person's arrest and successful prosecution for wanton
destruction of a cougar on a limited entry cougar unit, under
Section 23-20-4, may receive a permit from the division to hunt
cougar on the same limited-entry cougar unit where the reported
violation occurred, as provided in Subsection (3).
(3)(a) The division may issue poaching-reported reward
permits only in limited-entry cougar units that have more than 10
total permits allocated.
(b) The division may issue only one poaching-reported
reward permit per limited-entry cougar unit per year.
(4)(a) The division may issue only one poaching-reported
reward permit for any one animal illegally taken.
(b) No more than one poaching-reported reward permit
shall be issued to any one person per successful
prosecution.
(c) No more than one cougar poaching-reported reward
permit shall be issued to any one person in any one cougar
season.
(5)(a) Poaching-reported reward permits may only be
issued to the person who provides the most pertinent information
leading to a successful prosecution. Permits are not
transferrable.
(b) If information is received from more than one person,
the director of the division shall make a determination based on
the facts of the case, as to which person provided the most
pertinent information leading to the successful prosecution in
the case.
(c) The person providing the most pertinent information
shall qualify for the poaching-reported reward permit.
(6) Any person who receives a poaching-reported reward
permit must possess a Utah hunting or combination license and
otherwise be eligible to hunt and obtain cougar permits as provided
in all rules and regulations of the Wildlife Board and the Wildlife
Resources Code.](1) Cougar poaching-reported reward permits are issued pursuant
to rule R657-51 Poaching-Reported Reward Permits.
KEY: wildlife, cougar, game laws
Date of Enactment or Last Substantive Amendment: [November 10, 2015]2018
Notice of Continuation: August 1, 2016
Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19
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/2018/b20180601.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 stacicoons@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.