DAR File No. 27369

Natural Resources, Wildlife Resources

R657-11

Taking Furbearers

NOTICE OF PROPOSED RULE

DAR File No.: 27369
Filed: 08/26/2004, 04:13
Received by: NL

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 for taking public input and reviewing the division's furbearer program.

Summary of the rule or change:

Section R657-11-4 is amended to clarify the application process. Section R657-11-9 is being amended to provide that registration numbers may be obtained from any division office. Section R657-11-13 is being amended to provide that bobcats may be taken by shooting, trapping, or with the aid of dogs during the specified seasons as provided in Section R657-11-26.

State statutory or constitutional authorization for this rule:

Sections 23-14-18 and 23-14-19

Anticipated cost or savings to:

the state budget:

This amendment clarifies existing requirements. Therefore, the Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget.

local governments:

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

other persons:

This amendment clarifies existing requirements, therefore, the amendments do not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment clarifies existing requirements. DWR determines that there are no additional compliance costs associated with this amendment.

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.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Debbie Sundell at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at debbiesundell@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:

10/15/2004

This rule may become effective on:

10/16/2004

Authorized by:

Kevin Conway, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-11. Taking Furbearers.

R657-11-4. Temporary Possession Tags for Bobcat.

(1) Any person who has obtained a valid furbearer license may apply for up to six temporary bobcat possession tags.

(2) Applications will be available on the date published in the proclamation of the Wildlife Board for taking furbearers from any division office or will be mailed upon request.

(3) Applications must be received [through]by the [mail]division no later than 5 p.m., on the date published in the proclamation of the Wildlife Board for taking furbearers. Applications completed incorrectly or received after the date published in the proclamation of the Wildlife Board for taking furbearers [will]may be rejected.

(4)(a) Applicants must provide a valid furbearer license number on the application.

(b) The application must include $5 for each tag requested. Applications [must be]may be delivered to any division office or sent to: Bobcat Application, P.O. Box 168888, Salt Lake City, Utah 84116-8888.

(5)(a) Temporary bobcat possession tags are valid for the entire bobcat season.

R657-11-9. Identification Numbers.

(1) Each trapping device used to take furbearers must be permanently marked or tagged with the registered number of the person using them.

(2) Only the registration number of the person using the trapping device may be on the trapping device.

(3) No more than two trap registration numbers may be on a trapping device.

(4) Identification numbers must be legible and at least 1/4 inch in height.

(5) Registration numbers are permanent and may be obtained by mail or in person from [the Salt Lake]any division office.

(6) Applicants must include their full name, including middle initial, and complete home address.

(7) A registration fee of $5 must accompany the request. This fee is payable only once.

(8) Each individual is issued only one registration number.

(9) Any person who has obtained a registration number must notify the division within 30 days of any change in address or the theft of traps.

R657-11-13. Methods of Take and Shooting Hours.

(1) Furbearers, except bobcats, may be taken by any means, excluding explosives, poisons, and crossbows, or as otherwise provided in Section 23-13-17.

(2) Bobcats may be taken only by shooting, trapping, or with the aid of dogs[, except:

(a) bobcats may not be taken with traps during the specified dates published in the proclamation of the Wildlife Board for taking furbearers; and

(b) bobcats may not be taken with the aid of dogs during the specified dates published in the proclamation of the Wildlife Board for taking furbearers.] as provided in Section R657-11-26.

(3) Marten may be taken only with an elevated, covered set in which the maximum trap size shall not exceed 1 1/2 foothold or 160 Conibear.

(4) Taking furbearers by shooting or with the aid of dogs is restricted to one-half hour before sunrise to one-half hour after sunset, except as provided in Section 23-13-17.

(5) A person may not take any wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles.

KEY: wildlife, furbearers, game laws, wildlife law

[October 2, 2003]2004

Notice of Continuation August 30, 2000

23-14-18

23-14-19

23-13-17

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Debbie Sundell at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at debbiesundell@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.