DAR File No. 27553

Natural Resources, Wildlife Resources

R657-42-4

Surrenders

NOTICE OF PROPOSED RULE

DAR File No.: 27553
Filed: 11/18/2004, 02:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Wildlife Board meetings conducted annually for taking public input and reviewing Rule R657-42.

Summary of the rule or change:

Section R657-42-4 is being amended to allow that any person who has obtained a wildlife document may surrender the wildlife document prior to the season opening date for the purpose of reinstating the number of preference points, including a preference point for the current year; and deleting the provision that does not allow preference points to be reinstated when surrendering the applicable permits.

State statutory or constitutional authorization for this rule:

Sections 23-19-1 and 23-19-38

Anticipated cost or savings to:

the state budget:

This amendment is to allow preference points to be reinstated when surrendering the applicable permit. The Division of Wildlife Resources (DWR) determines that this amendment does 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 rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

other persons:

This amendment is to allow preference points to be reinstated when surrendering the applicable permit. This amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons. This amendment is to allow preference points to be reinstated when surrendering the applicable permit. DWR determines that there are no compliance costs associated with this amendment.

Compliance costs for affected persons:

This amendment is to allow preference points to be reinstated when surrendering the applicable permit. DWR determines that there are no 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 Merrill at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at debbiemerrill@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:

01/14/2005

This rule may become effective on:

01/15/2005

Authorized by:

Miles Moretti, Acting Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-42. Fees, Exchanges, Surrenders, Refunds and Reallocation of Wildlife Documents.

R657-42-4. Surrenders.

(1) Any person who has obtained a wildlife document and decides not to use it, may surrender the wildlife document to any division office.

(2)[(a)] Any person who has obtained a wildlife document may surrender the wildlife document prior to the season opening date of the wildlife document for the purpose of:

[(i)](a) waiving the waiting period normally assessed and reinstating the number of bonus points, including a bonus point for the current year as if a permit had not been drawn, if applicable;[ or]

(b) reinstating the number of preference points, including a preference point for the current year as if a permit had not been drawn, if applicable; or

[(ii)](c) purchasing a reallocated permit or any other permit available for which the person is eligible.

[(b) Preference points shall not be reinstated when surrendering the applicable permits.

](3) A CWMU permit must be surrendered before the following dates, except as provided in Section R657-42-11:

(a) the opening date for the respective general archery season for buck deer, bull elk or spike bull elk;

(b) September 1 for pronghorn and moose;

(c) August 15 for antlerless deer and elk;

(d) prior to the applicable season date for small game and waterfowl; and

(e) prior to the applicable season date of any variance approved by the Wildlife Board in accordance with Rules R657-21 and R657-37.

(4) Dedicated hunter participants must surrender their permits prior to the general archery deer season.

(5) The division may not issue a refund, except as provided in Section R657-42-5.

KEY: wildlife, permits

[August 3, 2004]2005

Notice of Continuation May 14, 2003

23-19-1

23-19-38

23-19-38.2

ADDITIONAL INFORMATION

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