DAR File No. 27639

Natural Resources, Wildlife Resources

R657-47

Trust Fund Permits

NOTICE OF PROPOSED RULE

DAR File No.: 27639
Filed: 01/05/2005, 03:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provided the standards and procedures for issuing one series of trust fund permits for the 2000-2001 hunting season to a qualified conservation organization.

Summary of the rule or change:

This rule is repealed in its entirety. This rule provided the standards and procedures for issuing one series of trust fund permits for the 2000-2001 hunting season to a qualified conservation organization. The rule has served this purpose and is no longer needed, resulting in the repeal of this rule.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The rule has served its original purpose and is no longer needed, resulting in the repeal of this rule. Therefore, the Division of Wildlife Resources (DWR) determines that there are no cost or savings impacts associated with repealing this rule.

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:

The rule has served its original purpose and is no longer needed, resulting in the repeal of this rule. The repealing of this rule does not impose any requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

The rule has served its original purpose and is no longer needed, resulting in the repeal of this rule. DWR determines that there are no compliance costs associated with repealing this rule.

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

The repealing of this rule does not impact 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:

03/03/2005

This rule may become effective on:

03/04/2005

Authorized by:

Miles Moretti, Acting Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

[R657-47. Trust Fund Permits.

R657-47-1. Purpose and Authority.

(1) Under the authority of Sections 23-14-18 and 23-14-19 of the Utah Code, this rule provides the standards and requirements for issuing trust fund permits.

(2) Trust fund permits are authorized by the wildlife board and issued by the division to a qualified conservation organization for purposes of generating revenue to fund a wildlife conservation trust account managed exclusively for the benefit of protected wildlife in Utah.

(3) The conservation organization awarded the trust fund permits shall use all revenue and proceeds derived from the permits for the direct benefit of protected wildlife in Utah.

(4) This rule is intended as authorization to issue one series of trust fund permits for the 2000-2001 hunting season to one qualified conservation organization.

R657-47-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2.

(2) In addition:

(a) "Conservation organization" means a nonprofit chartered institution, foundation, or association founded for the purpose of promoting wildlife conservation and has established tax exempt status under Internal Revenue Code, Section 501(c)(3), as amended.

(b) "Hunter's choice" means either sex may be taken.

(c) "Permit revenue" means all money or assets received by the conservation organization from prospective permittees in exchange for the opportunity to obtain trust fund permits.

(d) "Trust Fund Permit" means a permit which allows a permittee to hunt:

(i) a specified big game species on any open unit in the state from September 1 through December 31, except pronghorn and moose may be hunted only from September 1 through October 31, and mountain goats may not be hunted on the Beaver unit;

(ii) a cougar, bear or turkey on any open unit during the respective season for each species as authorized by the Wildlife Board.

(e) "Trust Fund Permit series" means a single package of permits comprised of one permit for each of the following species:

(i) ram Rocky Mountain bighorn sheep;

(ii) ram desert bighorn sheep;

(iii) buck mule deer;

(iv) bull elk;

(v) hunter's choice mountain goat;

(vi) hunter's choice bison;

(vii) bull moose;

(viii) buck pronghorn antelope;

(ix) hunter's choice bear;

(x) hunter's choice cougar; and

(xi) bearded tom turkey.

R657-47-3. Trust Fund Permit Allocation.

(1) A trust fund permit may be authorized for one animal of each of the following species:

(a) ram rocky mountain bighorn sheep;

(b) ram desert bighorn sheep;

(c) buck mule deer;

(d) bull elk;

(e) hunter's choice mountain goat;

(f) hunter's choice bison;

(g) bull moose;

(h) buck pronghorn antelope;

(i) hunter's choice bear;

(j) hunter's choice cougar; and

(k) bearded tom turkey.

(2) Trust fund permits for each species identified in Subsection (1) shall be issued as a single series to one conservation organization.

(3) A trust fund permit shall not be issued for any particular species or on any particular unit where so doing will harm the long-term health and viability of the species population on that unit or in the state as a whole.

R657-47-4. Obtaining Trust Fund Permits.

(1) Trust fund permit series are available to eligible conservation organizations for sale at an auction, or for use as an aid to wildlife related fund raising activities.

(2) Conservation organizations may apply for the trust fund permit series by sending an application to the division.

(3) The application must be submitted to the division to be considered for the following year's permits. Each application must include:

(a) the name, address and telephone number of the conservation organization;

(b) a description of the conservation organization's mission statement;

(c) verification of the conservation organization's tax exempt status under Internal Revenue Code, Section 501(c)(3), as amended; and

(d) the name of the president or other individual responsible for the administrative operations of the conservation organization.

(4) Conservation organizations must include the following information in the application:

(a) the estimated revenue expected to be generated from the permits and deposited into the wildlife conservation trust fund;

(i) the estimated revenue must be based on 100% of the auction or fund raising activity amount being deposited in the trust fund, or the recommended minimum amount listed in Subsection (5), whichever is greater; and

(ii) the basis for the estimated revenue must include the conservation organization's experience in similar activities, and details of the marketing plan; and

(b) A specific wildlife conservation trust fund proposal that describes:

(i) how the trust will be managed;

(ii) for what purposes the principle and proceeds of the trust will be used;

(iii) how the trust will benefit protected wildlife in Utah; and

(iv) how the conservation organization through the trust fund can produce greater benefit to protected wildlife in Utah by funding the trust with permit revenue rather than remitting the revenue to the division.

(5) The recommended minimum permit bid amount for each species is:

(a) ram Rocky Mountain bighorn sheep, $40,000;

(b) ram desert bighorn sheep, $30,000;

(c) buck deer, $10,000;

(d) bull elk, $10,000;

(e) bull moose, $10,000;

(f) bison, $5,000;

(g) mountain goat, $5,000;

(h) buck pronghorn, $2,000;

(i) black bear, $2,000;

(j) cougar, $2,000;

(k) bearded tom turkey, $350

(6) All licensing fees required in the proclamations of the wildlife board for each trust fund permit shall be remitted to the division upon acquiring the actual permit from the division. If the conservation organization is paying the permit and Wildlife Habitat Authorization fees for the permit recipient, the fees shall not be paid from permit revenue.

(7) An application which is incomplete or completed incorrectly may be rejected.

(8) The division shall recommend to the wildlife board which conservation organization will receive the trust fund permit series based on:

(a) the bid amount pledged to the trust, adjusted by the performance of the organization over the previous two years in meeting proposed conservation permit bids; and

(b) the conservation organization's ability, as evaluated from past performance in using conservation permit revenue, to effectively plan and complete significant wildlife conservation projects beneficial to protected wildlife in the state.

(9) A conservation organization may withdraw or exchange its application for the trust fund permit series prior to board approval without penalty provided the successor applicant assumes the bid amounts made by the predecessor organization.

(10) The Wildlife Board will make the final assignment of the trust fund permit series based on the:

(a) division's recommendation;

(b) benefit to protected wildlife;

(c) historical contribution of the organization to the conservation of wildlife; and

(d) previous performance of the conservation organization.

(11) The conservation organization receiving the trust fund permits shall:

(a) distribute the permits in accordance with law, proclamation, and order of the wildlife board;

(b) notify the division of the proposed permit recipient within 10 days of the recipient selection or the permit may be forfeited;

(c) report to the division the total revenue amount generated from the auction of the permits within 10 days of the auction;

(d) establish and manage the trust, including accounts thereunder, consistent with state and federal law;

(e) create and execute a trust agreement consistent with the requirements and objectives set forth in this rule, and otherwise acceptable to the wildlife board;

(f) deposit in the approved wildlife conservation trust fund account within two weeks of receipt all permit revenue designated for deposit in the account;

(g) immediately return to the division any permit revenue designated for contribution to the trust which is not deposited in the trust account within two weeks of receipt as required in Subsection (11)(f);

(h) contribute to the trust, within the first six months of operation, cash and securities equal to or greater in value to the trust fund permit revenue contributed to the trust;

(i) retain the full value of the permit revenue in the trust in perpetuity, except trust principle may be used for short term loans to fund wildlife conservation projects where timely repayment is certain;

(j) provide an annual accounting of all trust fund permit revenue deposited in the trust account, proceeds generated from that revenue, draws on the trust principle and the corresponding projects funded by each draw, and expenditures of trust proceeds and the corresponding projects funded by each expenditure;

(k) submit to trust account and spending audits by a division appointed auditor upon division request;

(l) use trust fund permit revenue and the proceeds generated therefrom exclusively on projects directly designed to benefit protected wildlife in Utah; and

(m) return to the division the original value of the trust fund permit revenue placed in trust upon dissolution of the trust.

(12) The division and the conservation organization receiving the permits shall enter into a contract containing, among other things, the provisions outlined in Subsection (11).

(13) The division may require a conservation organization awarded the trust fund permit series to return the original value of the permits placed in the trust for violation of the requirements set forth in Subsection (11).

R657-47-5. Surrender or Transfer of Trust Fund Permit Designation.

(1) If a person is designated by a qualified organization to receive a trust fund permit and is also successful in obtaining a Utah permit for the same species in the same year through a limited entry drawing, that person may designate another person to receive the trust fund permit, provided the trust fund permit has not been issued by the division to the first selected person.

(2) If a person is selected by a qualified organization to receive a conservation permit, but is unable to use the permit, the conservation organization may designate another person to receive the permit provided:

(a) the conservation organization selects the new recipient of the permit;

(b) the amount of money received by the division for the permit is not decreased;

(c) the conservation organization relinquishes to the division 90% of all proceeds generated from the alternate permit transfer or uses the funds for projects authorized by the division pursuant to this rule;

(d) the conservation organization and the initial designated recipient of the permit, must sign an affidavit indicating the initial designated recipient is not profiting from transferring the right to the permit; and

(e) the permit has not been issued by the division to the first designated person.

(3) Except as otherwise provided in Subsection (1) and (2), a person designated by a conservation organization as a recipient of a trust fund permit, may not sell or transfer the rights to that designation to any other person. This does not preclude a person from bidding or otherwise lawfully acquiring a permit from a conservation organization on behalf of another person who will be identified as the original designated recipient.

R657-47-6. Using a Trust Fund Permit.

(1) A trust fund permit allows the recipient to:

(a) take only the species for which the permit is issued;

(b) take only the species and sex printed on the permit; and

(c) take the species only in the area and during the season specified on the permit.

(2) The recipient of a trust fund permit is subject to all of the provisions of Title 23, Wildlife Resources Code, and the rules and proclamations of the Wildlife Board for taking and pursuing wildlife.

(3) Any person who has obtained a trust fund permit is subject to once-in-a-lifetime restrictions applicable to obtaining a subsequent permit for the same species through a division application and drawing process, as provided in proclamation and Rule R657-5.

KEY: wildlife, wildlife permits

August 1, 2000

23-14-18

23-14-19]

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.