DAR File No. 44028

Natural Resources, Wildlife Resources

Rule R657-10

Taking Cougar

Notice of Proposed Rule

(Amendment)

DAR File No.: 44028
Filed: 09/03/2019 06:46:03 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) cougar program.

Summary of the rule or change:

The proposed revisions to this rule: 1) authorize the use of archery equipment, a crossbow or airguns with a bolt to take cougar; and 2) require the location of harvest and a tooth sample to be provided to DWR during the check-in process.

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 allow for additional weapons to be used to take cougar and 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 these changes will not increase workload and can be carried out with existing budget.

local governments:

Since these proposed amendments simply align the taking of cougar with the restrictions currently set for big game and bear, 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 offer additional opportunity to persons wishing to participate in taking cougar in Utah and do not have the potential to create a cost impact to small businesses.

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

None--These amendments offer additional opportunity to persons wishing to participate in taking cougar in Utah 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 cougar 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 amendments 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 [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:

10/15/2019

This rule may become effective on:

10/22/2019

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 rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because they currently do not benefit from the taking of black bear hunting program or the regulations set forth in this rule amendment.

 

The head of department of Natural Resources, Brian Steed, 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.

 

R657-10-6. [Firearms and Archery Tackle]Firearms, Archery Equipment, Crossbows, and Airguns.

[A](1) For limited entry and harvest objective hunts identified in the Wildlife Board's guidebook for taking cougar, a person may use the following to take cougar:

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

[(2) a bow and arrows; and]

(b) archery equipment meeting the following requirements:

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

(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;

([3]c) a crossbow[as provided in Rule R657-12.]meeting the following requirements:

(i) a minimum draw weight of 125 pounds;

(ii) a positive mechanical safety mechanism; and

(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; and

(d) an airgun used to hunt bear must:

(i) be pneumatically powered;

(ii) be pressurized solely through a separate charging device; and

(iii) may only fire a bolt or arrow:

(A) no less than 16 inches long;

(B) with a fixed or expandable broadhead at least 7/8 inch wide at its widest position; and

(C) traveling no less than 400 feet per second at the muzzle.

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

 

R657-10-15. Permanent Tag.

(1)(a) Each cougar must be taken by the permit holder to a conservation officer or division office within 48 hours after the date of kill to have a permanent possession tag affixed to the pelt or unskinned carcass and for the removal of a tooth.

(b) After regular business hours, on weekends, or on holidays, a conservation officer may be reached by contacting the local police dispatch office.

(2) A person may not possess a green pelt after the 48-hour check-in period, or ship a green pelt out of Utah, or present a green pelt to a taxidermist if the green pelt does not have a permanent possession tag attached.

(3) The location of harvest and a tooth sample must be provided to the division during the check-in process.

 

KEY: wildlife, cougar, game laws

Date of Enactment or Last Substantive Amendment: [July 9, 2018]2019

Notice of Continuation: August 1, 2016

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