DAR File No. 43817

Natural Resources, Wildlife Resources

Rule R657-45

Wildlife License, Permit, and Certificate of Registration Forms and Terms

Notice of Proposed Rule

(Amendment)

DAR File No.: 43817
Filed: 06/17/2019 10:03:38 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 wildlife license, permit, and certificate of registration forms.

Summary of the rule or change:

Provisions of this rule are being amended to comply with H.B. 246, Hunting and Fishing License Amendments, passed during the 2019 General Session. These amendments are technical in nature.

Statutory or constitutional authorization for this rule:

• Section 23-19-2
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

This rule is being amended to comply with H.B. 246 (2019) and is technical in nature. DWR has determined that there is not a cost or savings impact to the state budget or DWR's budget associated with these amendments.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

None--This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses.

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

This rule is being amended to comply with H.B. 246 (2019). DWR feels these amendments would not generate a savings impact to persons wishing to participate.

Compliance costs for affected persons:

This rule is being amended to comply with H.B. 246 (2019). The changes to this rule would not create a cost savings or impact for those wishing to participate.

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.

Brian 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 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:

08/14/2019

This rule may become effective on:

08/22/2019

Authorized by:

Mike Fowlks, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because they do not have the ability to create a fiscal impact. The changes simply correct rule language in order to comply with H.B. 246,Hunting and Fishing License Amendments.

 

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

 

 

R657. Natural Resources, Wildlife Resources.

R657-45. Wildlife License, Permit, and Certificate of Registration Forms and Terms.

R657-45-1. Purpose and Authority.

Under authority of Sections 23-14-18, 23-14-19, 23-19-2 and 23-19-7 the Wildlife Board has established this rule for prescribing the forms and terms of a wildlife license, permit, and certificate of registration.

 

R657-45-3. License Terms and Renewal.

(1)(a) Upon paying the prescribed fee and satisfying the criteria for issuance, a person may obtain a resident or nonresident fishing, hunting, or combination license valid for:

(i) 365 days (one year);

(ii) 730 days (two years);

(iii) 1095 days (three years); (iv) 1460 days (four years); or (v) 1825 days (five years).

(b) In addition to the license term prescribed in Subsection (1)(a), a person may obtain a:

(i) three or seven day resident or nonresident fishing license; or

(ii) three day nonresident hunting license.

(2)(a) Except as provided in Subsections (b) through (d), a multi-year fishing, hunting, and combination license under Subsection (1)(a) is available to residents and nonresidents at a discounted, adult license fee rate based on residency, license type and license term.

(i) A multi-year license is available to youth only at the adult license fee rate.

(b) A resident senior, age 65 and older, may obtain a multi-year fishing, hunting, or combination license at the 365 day, senior license fee rate multiplied by the number of years in the license term.

(c) A resident disabled veteran that is eligible for a [discounted fishing]service-connected disability license under Section 23-19-38.3 and R657-12-10, may obtain a multi-year[fishing] license at the reduced 365 day license fee rate multiplied by the number of years in the license term.

(3) A person with a current, one to five year hunting, fishing, or combination license may renew the license by purchasing:

(a) a new license on or after its expiration date; or

(b) the same license for a term prescribed in Subsection (1)(a) within six months

of the expiration date on the unexpired license.

(i) A license renewed under Subsection (3)(b) is effective on the date of purchase and remains valid for a period equal to the sum of the remaining days on the unexpired license and the applicable term on the renewal license.

(4) Except as provided in Subsections (4)(a), a fishing, hunting, or combination license issued under this Section remains valid if the licensee subsequently changes residency during the term of license.

(a) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping is purchased in any other state or country.

(5)(a) A resident that establishes a new domicile outside Utah during the unexpired term of a Utah resident fishing, hunting, or combination license, shall notify the Division of the change prior to purchasing a resident hunting, fishing, or trapping license in any other state or country.

(b) Upon receiving notice of a domicile change under Subsection (5)(a), the Division will issue a free nonresident replacement license for the remaining term of the resident license.

(c) The Division may charge a handling fee for a residency based license exchange under this Subsection.

(d) The pro rata difference between the nonresident and resident license fee will not be refunded to a person that establishes Utah residency during the term of a nonresident license.

(6) A person that purchases a hunting permit and subsequently changes residency may lawfully use that permit for the applicable hunting season without notifying the Division of residency change.

 

KEY: license, permit, certificate of registration

Date of Enactment or Last substantive Amendment: [November 10, 2015]2019

Notice of Continuation: April 12, 2018

Authorizing, and Implemented or Interpreted Law: 23-19-2