DAR File No. 28189

Natural Resources, Wildlife Resources

R657-11

Taking Furbearers

NOTICE OF PROPOSED RULE

DAR File No.: 28189
Filed: 08/31/2005, 04:16
Received by: NL

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

Summary of the rule or change:

Section R657-11-4 is being amended to clarify the process by which temporary bobcat tags my be obtained. Section R657-11-9 is being amended to reduce the number of registration numbers that are allowed on any trapping device. Section R657-11-10 is being amended to identify additional areas with trapping restrictions. In addition, Section R657-11-10 is being amended to include additional methods allowed for the checking of trapping devices and to identify additional accepted trapping devices that may be used.

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 has determined 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. 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:

Angela VanScoyk at the above address, by phone at 801-538-4707, by FAX at 801-538-4709, or by Internet E-mail at angelavanscoyk@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:

10/17/2005

This rule may become effective on:

10/18/2005

Authorized by:

James F Karpowitz, 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]Temporary bobcat possession tags are only valid with a valid furbearer license.

(2) A person may [apply for]obtain up to six temporary bobcat possession tags.

[(2) Applications](3) Temporary bobcat possession tags will be available [on]during the [date]dates published in the proclamation of the Wildlife Board for taking furbearers and may be obtained by submitting an application[from any division office or will be mailed upon request.

(3) Applications must be received by the 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 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 may be delivered ]to any division office or [sent to: Bobcat Application, P.O. Box 168888, Salt Lake City, Utah 84116-8888.] through the division's Internet address.

[(5)(a)](4) Temporary bobcat possession tags are valid for the entire bobcat season.

R657-11-9. Identification Numbers.

(1) For the purposes of this section, "owner" means the person who has been issued a trap registration number, which is permanently marked or affixed to the trapping device.

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

[(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](3) No more than one trap registration number may be on a trapping device.

(4) [Identification]Registration 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 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.

R657-11-10. Traps.

(1) All long spring, jump, or coil spring traps, except rubber-padded jaw traps, that are not completely submerged under water when set must have spacers on the jaws which leave an opening of at least 3/16 of an inch when the jaws are closed.

(2) [Trapping within 100 yards of either side of the Green River, or any of its tributaries up to one-half mile from their confluence with]On the Green River, between Flaming Gorge Dam and the Utah [-]Colorado state line; and the Colorado River, between the Utah Colorado state line and Lake Powell; and the Escalante River, between Escalante and Lake Powell, trapping within 100 yards of either side of [the Colorado River, or any of its tributaries upstream to one-half mile from their confluence with the Colorado River, between Highway US-191 and the Utah-Colorado state line]these rivers or their tributaries, up to 1/2 mile from their confluences, is restricted to the following [traps and trapping ]devices:

(a) [nonlethal]Nonlethal-set leg hold traps with a jaw spread less than 5 [-]1/8 inches, and nonlethal-set padded leg hold traps. Drowning sets with these traps are prohibited[;].

(b) [body]Body-gripping, killing-type traps with body-gripping area less than 30 square inches (i.e., 110 Conibear)[; and].

(c) [nonlethal]Nonlethal dry land snares equipped with a stop-lock device that prevents it from closing to less than a six-inch diameter.

(d) Size 330, body-gripping, killing-type traps (i.e. Conibear) modified by replacing the standard V-trigger assembly with one top side parallel trigger assembly, with the trigger placed within one inch of the side, or butted against the vertical turn in the Canadian bend.

(3) A person may not disturb or remove any trapping device, except:

(a) a person who possesses a valid current year furbearer license, the appropriate permits or tags, and who has been issued a trapper registration number, which is permanently marked or affixed to the trapping device; or

(b) peace officers in the performance of their duties; or

(c) as provided in Subsection (6).

(4) A person may not kill or remove wildlife caught in any trapping device, except:

(a) a person who possesses a valid current year furbearer license, the appropriate permits or tags, and who has been issued a trapper registration number, which is permanently marked or affixed to the trapping device; or

(b) as provided in Subsection (6).

(5) For the purposes of this section, "owner" means the person who has been issued a trap registration number, which is permanently marked or affixed to the trapping device.

(6) A person, other than the owner, may possess, disturb or remove a trapping device; or possess, kill or remove wildlife caught in a trapping device provided:

(a) the person possesses a valid current year furbearer license, the appropriate permits or tags; and

(b) has obtained written authorization from the owner of the trapping device stating the following:

(i) date written authorization was obtained;

(ii) name and address of the owner;

(iii) owner's trap registration number;

(iv) the name of the individual being given authorization;

(v) signature of owner.

(7) The owner of any trapping device, providing written authorization to another person under Subsection (6), shall be strictly liable for any violations of this proclamation resulting from the use of the trapping device by the authorized person.

(8) The owner of any trapping device, providing written authorization to another person under Subsection (6), must keep a record of all persons obtaining written authorization and furnish a copy of the record upon request from a conservation officer.

(9)(a)[(5)(a)] A person may not set any trap or trapping device on posted private property without the landowner's permission.

(b) Any trap or trapping device set on posted property without the owner's permission may be sprung by the landowner.

(c) Wildlife officers should be informed as soon as possible of any illegally set traps or trapping devices.

[(6)](10) Peace officers in the performance of their duties may seize all traps, trapping devices, and wildlife used or held in violation of this rule.

[(7)](11) A person may not possess any trapping device that is not permanently marked or tagged with that person's registered trap number while engaged in taking wildlife.

[(8)](12) All traps and trapping devices must be visited and checked at least once every 48 hours, except killing traps striking dorso-ventrally[ and drowning sets ]; drowning sets; and lethal snares that are set to capture on the neck, that have a non relaxing lock, without a stop, and are anchored to an immoveable object; which must be visited every 96 hours.

[(9)](13) A person may not transport or possess live protected wildlife. Any animal found in a trap or trapping device must be killed or released immediately by the trapper.

KEY: wildlife, furbearers, game laws, wildlife law

[October 19, 2004]2005

Notice of Continuation August 24, 2005

23-14-18

23-14-19

23-13-17

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Angela VanScoyk at the above address, by phone at 801-538-4707, by FAX at 801-538-4709, or by Internet E-mail at angelavanscoyk@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.