DAR File No. 43816

Natural Resources, Wildlife Resources

Rule R657-12

Hunting and Fishing Accommodations for People with Disablities

Notice of Proposed Rule

(Amendment)

DAR File No.: 43816
Filed: 06/17/2019 09:59:52 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) administrative rules.

Summary of the rule or change:

H.B. 246, Hunting and Fishing License Amendments, passed during the 2019 General Session, authorizing the addition of a veteran hunting license and veteran combination license with a 25% discount fee. These rule amendments allow for the new license and cost in rule.

Statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-19-36
• Section 23-20-12
• Section 23-19-1

Anticipated cost or savings to:

the state budget:

These amendments are a direct result of legislative action. DWR has determined that these amendments will create a cost or savings impact to DWR's budget or the state budget. A conservative estimate is $22,896 loss in revenue per year.

local governments:

This filing does not create any direct cost or savings impact to local governments because they are not directly affected by these amendments. Nor are local governments indirectly impacted because these amendments do not create a situation requiring services from local governments.

small businesses:

This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by these amendments. Nor are small businesses indirectly impacted because these amendments do not create a situation requiring services from small businesses.

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

These amendments will create a savings impact to those who qualify as veterans and wish to purchase a hunting or combination license at a reduced fee. Each veteran would save $8.50 and $9.50 respectively. These amendments do not impose any additional requirements on other persons and will not generate a cost or savings impact to other persons.

Compliance costs for affected persons:

These amendments are a direct result of H.B. 246 (2019). There are additional compliance costs associated with these amendments.

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

The amendments to this rule do not create an impact on businesses.

Brain Steed, 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:

08/14/2019

This rule may become effective on:

08/21/2019

Authorized by:

Mike Fowlks, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$22,896	$22,896	$22,896
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$22,896	$22,896	$22,896
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	$22,896	$22,896	$22,896
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$22,896	$22,896	$22,896

 

*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 in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

There are a total of 636 active veteran fishing license holders as of 2018. The customer number used to reflect the revenue loss for the increased license opportunities provided by offering both a discounted Hunting and Combination license was doubled for hunters (1,272).

 

Hunting	636x2=1,272	$34x25%=$8.50	1,272x$8.50=$10,812
Combination	636x2=1,272	$38x25%=$9.50	1,272x$9.50=$12,084
			$22,896

 

This is our best estimate of fiscal impact. It is difficult to estimate how many veterans may be interested in these reduced cost licenses. Wildlife Resources believes many veterans do hunt in Utah.

 

The head of department of Natural Resources, Brian Steed, has reviewed and approved this fiscal analysis.

 

 

R657. Natural Resources, Wildlife Resources.

R657-12. Hunting and Fishing Accommodations for People With Disabilities.

R657-12-1. Purpose and Authority.

Under authority of Sections 23-14-18, 23-19-1, 23-19-36, 23-20-12 and 63G-3-201, this rule provides the standards and procedures for a person with disabilities to:

(1) obtain a certificate of registration for taking wildlife from a vehicle;

(2) obtain a fishing license as authorized under Section 23-19-36(1);

(3) obtain a certificate of registration to participate in companion hunting;

(4) obtain a certificate of registration to receive a limited entry season extension;

(5) obtain a certificate of registration to receive a general deer or elk season extension;

(6) obtain a certificate of registration to hunt with a crossbow or draw-lock; or

(7) obtain a certificate of registration to use telescopic sights on a weapon when otherwise prohibited.

 

R657-12-10. [Fishing]Discounted Licenses for Veterans with Disabilities.

(1) (a) A resident who has a service-connected disability of 20% or more [and is not eligible to fish without a license under Section 23-19-14 or to receive a free fishing license under Section 23-19-36 ]may purchase a discounted 365-day or multi-year hunting, fishing , or combination license upon furnishing verification of a service-connected disability and paying the fee established in the approved fee schedule.

(b) Fees for multi-year service-connected disability licenses will be calculated according to the process identified n R657-45-3(2)(c).

(2)(a) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof and the Army and Air National Guard of the United States.

(b) "Service-connected disability" means injury or illness incurred or aggravated:

(i) while in Armed Forces service; and

(ii) that is recognized by the United States Department of Veterans Affairs or by a branch of the Armed Forces.

(c) "Verification of Service-Connected Disability" means an official written letter, statement, or card issued by the Department of Veterans Affairs or by a branch of the Armed Forces certifying that the person has a service-connected disability with a disability rating of 20% or higher.

[(2) The discount provided in this section on the purchase of a fishing license does not apply to combination licenses.]

(3)(a) A service-connected disability fishing license is not available to an individual who is eligible to fish without a license under Section 23-19-14 or to receive a free fishing license under Section 23-19-36.

([3) Veteran fishing]b) Applications for service-connected disability licenses [shall]may be [issued]submitted at division offices and may be issued by mail, online or at license agents.

(4) The purchaser may be required to complete an affidavit of the service-connected disability at the time of [purchase]application.

 

KEY: wildlife, wildlife law, disabled persons, fishing

Date of Enactment or last Substantive Amendment: [February 10, 2014]2019

Notice of Continuation: August 15, 2017

Authorizing, and Implemented or Interpreted Law: 23-20-12; 63G-3-201