DAR File No. 27862

Natural Resources, Wildlife Resources

R657-15

Closure of Gunnison, Cub and Hat Islands

NOTICE OF PROPOSED RULE

DAR File No.: 27862
Filed: 05/05/2005, 09:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing this rule.

Summary of the rule or change:

This rule is being amended to clarify the closure encompassing Gunnison, Cub, and Hat islands to include the surrounding beaches of the Great Salt Lake 1 mile in every direction from the 4200-foot mean sea level elevation due to the low water levels in the Great Salt Lake.

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 rule is being amended to clarify the closure encompassing Gunnison, Cub, and Hat islands. 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 rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

other persons:

This rule is being amended to clarify the closure encompassing Gunnison, Cub, and Hat islands. 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 rule is being amended to clarify the closure encompassing Gunnison, Cub, and Hat islands. DWR determines that there are no additional compliance costs associated with these amendments.

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. Michael R. Styler, Executive Director

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:

07/01/2005

This rule may become effective on:

07/02/2005

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-15. Closure of Gunnison, Cub and Hat Islands.

R657-15-1. Purpose and Authority.

Under authority of Section 23-21a-3, this rule provides for the management of Gunnison, Cub, and Hat islands for the protection and perpetuation of the American white pelican, [Pelecanus erythrorhychos]Pelacanus erythrorhynchos, and other avian species.

R657-15-2. Closed Areas.

(1) The following areas are closed to air, water, and land trespass as a conservation measure to protect colonial bird nesting areas:

(a) Gunnison and Cub islands, located in Sections 9, 10, 15 and 16, Township 7 North, Range 9 West, Salt Lake Base and Meridian; and

(b) Hat Island, located in Section 24, Township 4 North, Range 7 West, Salt Lake Base and Meridian.

(2) This closure encompasses all of Gunnison, Cub, and Hat islands and the surrounding waters and beaches of the Great Salt Lake one mile in every direction from the 4200-foot mean sea level elevation shoreline of Gunnison, Cub, and Hat islands.

(3) The provisions of this rule do not apply to division personnel while performing their official duties, or to certified peace officers and emergency personnel acting under their direction when engaged in exigent law enforcement activities or emergency rescue operations.

KEY: wildlife, birds, conservation, wildlife management

[1990]2005

Notice of Continuation May 22, 2000

23-21a-3

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.