DAR File No. 28371

Natural Resources, Wildlife Resources

R657-38

Dedicated Hunter Program

NOTICE OF PROPOSED RULE

DAR File No.: 28371
Filed: 11/22/2005, 06:22
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 for taking public input and reviewing the division's Dedicated Hunter Program.

Summary of the rule or change:

The enrollment period, Section R657-38-3, for the Dedicated Hunter program was moved to coincide with the Big Game Drawing application period. In order to make the Dedicated Hunter program more soldier-friendly, members of the armed forces or personnel mobilized to respond to a national crisis can now opt-out of the program during their deployment. When they return to Utah, they will be reinstated in the Dedicated Hunter program, and pick up where they left off. This will ensure that military personnel and emergency workers will get three years of hunt opportunity from the program, even if their enrollment is interrupted by a call to duty. Law enforcement standards are now higher. Previously, a hunter could not join the Dedicated Hunter program if they had been convicted of one major wildlife offense or three or more minor wildlife offenses in the five years previous to enrollment. Now, if a hunter has any type of hunting provision revoked by the Division, they can now join the Dedicated Hunter program after waiting an additional period equal to the length of their revocation. This allows hunters to demonstrate good behavior following the reinstatement of their hunting privileges, before they can join the Dedicated Hunter program. Hunters who had any type of certificate of registration (COR) suspended by the Division may be disqualified from ever joining the Dedicated Hunter program. The section on COR suspensions, Section R657-38-5, by the Division was expanded. The Division will now suspend a COR for any of the same reasons they would deny entry into the program. Additionally, the amendments make the removal of hunters automatic if they have any kind of hunting privilege revoked by the Division. There are some new provisions that also allow the Division to suspend CORs for committing fraud within the Dedicated Hunter program such as, including filling out of fraudulent volunteer time sheets or signing Regional Advisory Council (RAC) roles for persons who have not attended. An amendment to Section R657-38-6 now allows Dedicated Hunters to exchange their permits for another Dedicated Hunter permit in an open region until the day before the opening of muzzleloader buck deer season. Archery hunting privileges are statewide, so allowing exchanges until the muzzleloader season does not present any additional hunt opportunity. Also, any Dedicated Hunter who can demonstrate that they have never had their permit in their possession may surrender their permit at any time. Housekeeping-type changes included moving two entire sections relating to CORs to make the flow of information more logical. Following the rearrangement, internal references were modified to reflect the changes. Verbiage also was added to clarify the difference between program harvests and non-program harvests.

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 the procedures and requirements applicable to participants in the Dedicated Hunter Program. 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 rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

other persons:

The amendments provide clarification of procedures and requirements applicable to participants in the Dedicated Hunter Program, 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:

These amendments are for clarification and providing requirements and procedures for participants in the Dedicated Hunter Program. 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:

None--The amendments to this rule do not have a fiscal impact on business. 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:

Robin Thomas at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at robinthomas@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:

01/17/2006

This rule may become effective on:

01/18/2006

Authorized by:

James F Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-38. Dedicated Hunter Program.

R657-38-1. Purpose and Authority.

(1) Under the authority of Section 23-14-18, this rule provides the standards and requirements for qualified deer hunters to participate in the Dedicated Hunter Program by obtaining a certificate of registration.

(2) The Dedicated Hunter Program provides the opportunity for participants to:

(a) increase the opportunity for recreational general deer hunting, while the division regulates harvest;

(b) increase participation in wildlife management decisions;

(c) increase participation in wildlife conservation projects that are beneficial to wildlife conservation and the division; and

(d) attend wildlife conservation courses about hunter ethics and the division's wildlife conservation philosophies and strategies.

R657-38-2. Definitions.

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

(2) In addition:

(a) "Dedicated Hunter Permit" means a general buck deer permit issued to a dedicated hunter participant in the Dedicated Hunter Program, which authorizes the participant to hunt general archery, general [season]any weapon and general muzzleloader in the region specified on the permit.

(b) "Hunt area" means an area prescribed by the Wildlife Board where general archery, general [season]any weapon or general muzzleloader deer hunting is open to permit holders for taking deer.

(c) "Limited Entry Dedicated Hunter Permit" means a limited entry deer permit or limited entry elk permit, for use in an area selected by the Division, which shall be offered through the Dedicated Hunter Program Drawing.

(d) "Participant" means a person who has remitted the appropriate fee and has been issued a certificate of registration for the Dedicated Hunter Program.

(e) "Program" means the Dedicated Hunter Program, a program administered by the division as provided in this rule.

(f) "Program harvest" means tagging a deer with a Dedicated Hunter Permit or Limited Entry Dedicated Hunter Deer Permit, or failing to return the Dedicated Hunter Permit or Limited Entry Dedicated Hunter Deer Permit with an attached, unused tag, while enrolled in the program.

(g) "Program requirements" mean the Wildlife Conservation Course as provided in Section R657-38-[5]7, the Wildlife Conservation Project as provided in Section R657-38-[6]8, the Regional Advisory Council meeting as provided in Section R657-38-[7]9, and returning an unused Dedicated Hunter Permit and attached tag as provided in Subsection R657-38-[9(1)]11(1).

(h) "Wildlife conservation course" means a course of instruction provided by the division on hunter ethics and wildlife conservation philosophies and strategies.

(i) "Wildlife conservation project" means a project designed by the division, or any other individual or entity and pre-approved by the division, that provides wildlife habitat protection or enhancement on public or private lands, improves hunting or fishing access, or other conservation projects or activities that benefit wildlife or directly benefits the division.

(j) "Wildlife conservation project manager" means an employee of the division, or person approved by the division, responsible for supervising a wildlife conservation project and maintaining and reporting records of service hours to the division.

R657-38-3. Certificate of Registration Required.

(1)(a) [A person may not participate in the program if that person has been convicted of or entered a plea in abeyance to any of the following classes of violations of Title 23, Wildlife Resources Code, or any rule or proclamation of the Wildlife Board, or is currently on wildlife license suspension:

(a) felony;

(b) Class A misdemeanor in the last five years; or

(c) three or more Class B or Class C misdemeanors in the past five years.

(2)(a) ]To participate in the program a person must apply for, obtain and sign a certificate of registration [from]issued by the division.

(b) No more than ten thousand certificates of registration for the program may be in effect at any given time.

(c) Certificates of registration are issued on a first-come, first-served basis at division offices.

(d) Each prospective participant must submit an application provided by the division and provide evidence of having completed a wildlife conservation course before the division may issue the certificate of registration for the program.

(e) A certificate of registration to participate in the program shall only be issued [January 1 through January 31 annually, unless January 1 or January 31 is a Saturday, Sunday, or holiday, in which case the date shall be extended to the following business day.]during the bucks, bulls and once-in-a-lifetime application period as prescribed in the proclamation of the Wildlife board for taking big game.

[(3)](2) The division may deny issuing a dedicated hunter certificate of registration to a person for any of the following reasons:

(a) The application is incomplete or contains false information;

(b) The person, at the time of application, is under a judicial or administrative order suspending any wildlife hunting or fishing privilege within Utah or elsewhere;

(c) The person, in the previous five years prior to applying for the program, has been convicted of, entered a plea in abeyance to, or entered into a diversion agreement for violating any provision of:

(i) 23-20-3 Unlawful Possession or Taking Involving Big Game;

(ii) 23-20-3.5 Unlawful Taking While Trespassing;

(iii) 23-20-4 Wanton Destruction;

(iv) 23-20-8 Wasting;

(v) 23-20-14 Trespass;

(vi) 23-20-30 Failure to Tag Violations;

(vii) 23-19-1 or 23-23-10 License Violations involving Big Game;

(viii) 23-19-5 Counterfeiting Licenses;

(ix) 23-20-23 Aiding and Assisting in any of the above violations;

(x) 76-10-505 or 76-10-508 Firearms Safety Violations;

(xi) 77-7-22 Failure to Comply With a Wildlife Citation;

(xii) R657-5-11 or R657-5-12 Unlawful Possession of a Firearm by an Archer or Muzzleloader;

(xiii) R657-5-14 Spotlighting With a Weapon;

(xiv) R657-5-15 Use of Aircraft to Locate Big Game;

(xv) R657-5-18 Hunting on a Detached Tag; or

(xvi) R657-5-30 through R657-5-36 Waiting Period Violations involving Big Game;

(d) The person has violated the terms of any certificate of registration issued by the division or an associated agreement.

(e) The person has ever had a dedicated hunter certificate of registration suspended by the division.

(3) Prospective participants who have been under any wildlife suspension may not apply for the program until:

(a) their suspension period has ended; and

(b) an additional length of time equivalent to the original suspension has passed.

(4) Each certificate of registration is valid for three consecutive general deer hunting seasons.

[(4)(a)](5)(a) Any person who is 14 years of age or older may obtain a certificate of registration. A person 13 years of age may obtain a certificate of registration if the date of that person's 14th birthday is before the end of the calendar year in which the certificate of registration is issued.

(b) Any person who is 17 years of age or younger before the beginning date of the annual general archery deer hunt shall pay the youth participant fees.

(c) Any person who is 18 years of age or older on or before the beginning date of the annual general archery deer hunt shall pay the adult participant fees.

[(5)](6) A certificate of registration authorizes the participant an opportunity to receive annually a Dedicated Hunter Permit to hunt during the general archery, general [season]any weapon and general muzzleloader deer hunts. The Dedicated Hunter Permit may be used during the dates and within the hunt area boundaries established by the Wildlife Board.

[(6)(a)](7)(a) Except as provided in Subsections (b), R657-38-10(3)(a), and R657-38-[8(7)]10(6), a participant using a Dedicated Hunter Permit may take two deer within three years of enrollment, and only one deer in any one year as provided in Rule R657-5.

(b) Participants entering or re-entering the Dedicated Hunter Program shall be subject to any changes subsequently made in this rule during the three-year term of enrollment.

(c) The harvest of an antlerless deer using a Dedicated Hunter Permit, as authorized under specific hunt choice areas during the general archery deer hunt, shall be considered a program harvest.

[(7)](8) The certificate of registration must be signed by the participant. The certificate of registration is not valid without the required signature.

[(8)](9) The participant and holder of the certificate of registration must have a valid Dedicated Hunter Permit in possession while hunting. A participant is not required to have the Dedicated Hunter Certificate of Registration in possession while hunting.

[(9)](10) The division may issue a duplicate Dedicated Hunter Certificate of Registration pursuant to Section 23-19-10.

[(10)](11) Certificates of registration are not transferable and shall expire at the end of a participant's third general deer hunting season.

[(11)(a)](12)(a) The program requirements set forth in Sections R657-38-[5]7, R657-38-[6]8, and R657-38-[7]9 may be waived annually if the participant provides evidence of leaving the state for a minimum period of one year during the enrollment period for the Dedicated Hunter Certificate of Registration for religious or educational purposes.

(b) If the participant requests that the program requirements be waived in accordance with Subsection (a), and the request is granted, the participant shall not receive a Dedicated Hunter Permit for the year in which the program requirements were waived.

(13)(a) A participant who is a member of the United States Armed Forces or public health or public safety organization and who is mobilized or deployed on order in the interest of national defense or emergency may request that their enrollment in the program be suspended for the period of their mobilization or deployment.

(14)(a)[(12)(a)]A participant who is a member of the United States Armed Forces or public health or public safety organization and who is mobilized or deployed on order in the interest of national defense or emergency may request that the requirements set forth in Sections R657-38-[5, R657-38-7, and R657-38-9 be extended, and the requirement in Section R657-38-6 be ]7, R657-38-8, R657-38-9, and R657-38-11 be extended or satisfied as provided in Subsections (b) through (e).

(b) The program requirement set forth in Section R657-38-[5]7 may be extended to the second or third year of [the]their program enrollment.

(c) The program requirement set forth in Section R657-38-[6]8 may be considered satisfied by a participant that is prevented from completing the requirement due to the mobilization or deployment.

(d) The program requirement set forth in Section R657-38-[7]9 may be:

(i) extended to the third year in the program if the participant is currently in the second year of the program; and

(ii) waived in the third year of the program if the participant remains mobilized or deployed and is unable to reasonably meet the requirement.

(e) A participant must provide evidence of the mobilization or deployment.

[(13)](15) A refund for the Dedicated Hunter Certificate of Registration may not be issued [pursuant to Section 23-19-38], except as provided in Section 23-19-38.2. Any refund will be issued pro rata based on the number of hunting seasons actually participated in during the three-year enrollment period.

R657-38-4. Certificate of Registration Surrender.

(1)(a) A participant who has obtained a Dedicated Hunter Certificate of Registration may surrender the certificate of registration to a division office provided the participant does not have two program harvests.

(b) A participant who surrenders the Dedicated Hunter Certificate of Registration may not re-enter the program until the participant's initial certificate of registration has expired.

(2) The division may not issue a refund, except as provided in Section 23-19-38 and Section R657-38-3(15).

R657-38-5. Certificate of Registration Suspension.

(1) The division may suspend a Dedicated Hunter Certificate of Registration pursuant to Section 23-19-9 and R657-26.

(2) A certificate of registration may be suspended if the participant fraudulently:

(a) submits a time sheet for service hours; or

(b) signs the roll at the regional advisory council meetings.

(3) A certificate of registration may be suspended if the participant is convicted of, enters a plea in abeyance to, or enters into a diversion agreement for committing any offense listed in Section R657-38-3(2)(c).

(4) A certificate of registration is invalid if the participant's big game hunting privileges are suspended in any jurisdiction during the participant's enrollment in the program.

(5) A Dedicated Hunter Permit is invalid if a participant's certificate of registration is suspended.

R657-38-6[R657-38-4]. Dedicated Hunter Permits.

(1)(a) Participants may hunt during the general archery, general [season]any weapon and general muzzleloader deer hunts within the hunt area and during the season dates prescribed in the proclamation of the Wildlife Board for taking big game.

(b) The division may exclude multiple season opportunities on specific units due to extenuating circumstances on that specific unit.

(2)(a) Participants must designate a regional hunt choice upon joining the program.

(b) The regional hunt choice shall remain in effect unless otherwise changed in writing by the participant by January 31 annually, unless January 31 is a Saturday, Sunday, or holiday, in which case the date shall be extended to the following business day, or as modified or rescinded by the Wildlife Board.

(3)(a) Participants must notify the division of any change of mailing address in order to receive a Dedicated Hunter Permit by mail.

(b) A participant who enters the program as a resident and becomes a nonresident, or claims residency outside of Utah shall be issued a nonresident [permit ]at no additional charge for the remainder of the three-year enrollment period.

(c) A participant who enters the program as a nonresident and becomes a resident, or claims residency in Utah, shall be issued a resident [permit ]with no reimbursement of the higher nonresident fee for the remainder of the three-year enrollment period.

(4)(a) Dedicated [hunter]Hunter permits may be issued through the mail by June 1 of each year and again [two]three weeks prior to the beginning of the general archery deer hunt, and only upon evidence that all program requirements have been completed by the participant.

(b) Participants completing program requirements after June 1 may obtain their Dedicated Hunter Permit over-the-counter from any division office.

(5)[(a)] A Dedicated Hunter Permit may not be issued to any participant who:

(a) does not perform the program requirements; or

(b) violates the terms of this rule or the Dedicated Hunter Certificate of Registration.

(6)(a) The division may issue a duplicate Dedicated Hunter Permit pursuant to Section 23-19-10.

(b) If a participant's unused [permit]Dedicated Hunter Permit and tag is destroyed, lost, or stolen a participant may complete an affidavit verifying the permit was destroyed, lost, or stolen in order to obtain a duplicate.

(c) A duplicate [permit]Dedicated Hunter Permit shall not be issued after the closing date of the general [season]any weapon buck deer hunt, however, a participant may complete an affidavit and submit a copy of the affidavit for program reporting purposes as required in Section R657-38-9(1).

[(6)(a)](7)(a) A participant may exchange or surrender a Dedicated Hunter Permit in accordance with Rule R657-42 provided annual program requirements are [met by June 1 annually]completed.

(b) A participant may not exchange [or surrender ]a Dedicated Hunter Permit for any other buck deer permit once the [Dedicated Hunter Permit is issued and the ]general archery deer hunt has begun, except:[.]

[(7)(a)](i) a participant may exchange a Dedicated Hunter Permit for a Dedicated Hunter Permit in any other available area prior to the opening of the general muzzleloader buck deer hunt.

(c) A participant may not surrender a Dedicated Hunter Permit for any other buck deer permit once the general archery deer hunt has begun, except:

(i) a participant may surrender a Dedicated Hunter Permit after the opening of the buck deer archery hunt, provided the Division can verify that the permit was never in the participant's possession.

(9)(a) Lifetime license holders may participate in the program.

(b) Upon signing the certificate of registration, the lifetime license holder agrees to forego any rights to receive a buck deer permit for the general archery, general [season]any weapon or general muzzleloader deer hunts as provided in Section 23-19-17.5.

(c) A refund or credit is not issued for the general archery, general [season]any weapon or general muzzleloader permit.

R657-38-[5]7. Wildlife Conservation Course.

(1)(a) The division shall provide an annual wildlife conservation course.

(b) Prior to entering or re-entering the program, and obtaining a certificate of registration, a prospective participant must complete the wildlife conservation course within the current year in which the prospective participant is entering or re-entering the program.

(2) The wildlife conservation course shall explain the program to give a prospective participant a reasonable understanding of the program as well as hunter ethics, the division's Regional Advisory Council and Wildlife Board processes, and wildlife conservation philosophies and strategies.

(3) The wildlife conservation course is available through the division's Internet site, and a limited number of classroom courses may be available, as scheduled by division offices.

(4)(a) Evidence of completion of the wildlife conservation course shall be provided to the prospective participant upon completion of the wildlife conservation course.

(b) Certificates of registration shall not be issued without verification of the prospective participant having completed the wildlife conservation course.

(c) The division shall keep a record of all participants who complete the wildlife conservation course.

R657-38-[6]8. Wildlife Conservation Projects.

(1) Each participant in the program shall provide a total of 24 hours of service as a volunteer on a wildlife conservation project as provided in Subsections (a) and (b), or pay the approved fee for each hour not completed as provided in Subsection (c).

(a) A participant must provide no fewer than eight hours of service before obtaining the first Dedicated Hunter Permit.

(b) A participant must provide the remaining balance of service hours prior to receiving the second Dedicated Hunter Permit.

(c) Residents may not purchase more than 16 of the 24 total required service hours. Nonresidents may purchase all of the 24 total required service hours.

(d) The division may, upon request, approve a person who is physically unable to provide service by working on a wildlife conservation project to provide other forms of service.

(e) Goods or services provided to the division for wildlife conservation projects by a participant may be, at the discretion of the wildlife conservation project manager, substituted for service hours based upon current market values for the goods or services, and using the approved hourly service buyout rate when applying the credit.

(2) Wildlife conservation projects shall be designed by the division, or any other individual or entity and shall be pre-approved by the division.

(3)(a) Wildlife conservation projects may occur anytime during the year as determined by the division.

(b) The division shall publicize the dates, times, locations and description of approved wildlife conservation projects and activities at division offices.

(4)(a) Service hours completed in any given year may be carried over to the following years, however excess service hours shall not be carried over to any year outside of the three-year enrollment period.

(b) Dedicated [hunter]Hunter permits issued to participants who fail to make the deadline, two weeks prior to the opening date of the general archery deer hunt annually, shall be issued only as an over-the-counter transaction at division offices.

(5) A participant must request a receipt from the wildlife conservation project manager for service hours worked at the completion of the project, or upon showing evidence that the service hours worked are completed.

(6)(a) If a participant fails to fulfill the wildlife conservation project service requirement in any year of participation, as required under Subsection (4), the participant shall not be issued a Dedicated Hunter Permit for that year.

(b) The participant may obtain a Dedicated Hunter Permit for subsequent years upon completion of the wildlife conservation project program requirements due or payment of the fee in lieu thereof.

(7) The wildlife conservation project manager shall keep a record of all participants who attend the wildlife conservation project and the number of hours worked.

R657-38-[7]9. Regional Advisory Council.

(1) Prior to obtaining a second [permit]Dedicated Hunter Permit while in the program, a participant must attend one regional advisory council meeting.

(2) A participant [must]may request a receipt from the division for attending the regional advisory council meeting.

(3) The division shall keep a record of all participants who attend and sign the roll at the regional advisory council meetings.

R657-38-[8]10. Obtaining Other Permits.

(1)(a) Participants may not apply for or obtain general buck deer permits issued by the division through the big game drawing, license agents, over-the-counter sales, or the Internet during the three-year period of enrollment in the program.

(b) In the initial sign-up year for the program, if the participant previously applied for a general buck deer permit through the big game drawing, a participant must withdraw that permit application prior to the application withdrawal date as published in the proclamation of the Wildlife Board for taking big game.

(i) [The]Upon withdrawal, the general buck deer permit fee may be refunded by the division in May, but the handling fee shall not be refunded.

(ii) If the participant fails to withdraw the general buck deer application and the permit is drawn, the general deer permit obtained through the drawing becomes invalid and must be surrendered prior to the beginning date of the general archery deer hunt. A refund may not be issued pursuant to Section 23-19-38.

(2) Participants may not apply for or obtain general landowner buck deer permits as provided under Rule R657-43.

(3)(a) Participants may apply for or obtain any other non general season buck deer permit as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game.

(i) harvest of a deer with a permit obtained pursuant to Subsection (a) shall not be considered a program harvest.

(ii) participants are not required to complete program requirements prior to obtaining a permit pursuant to Subsection (a).

(b) Participants may apply for or obtain a Dedicated Hunter Limited Entry Permit as provided under Section R657-38-[10]12.

(c) If the participant obtains any other buck deer permit, or Dedicated Hunter Limited Entry buck deer permit, the Dedicated Hunter Permit becomes invalid and the participant must surrender the Dedicated Hunter Permit prior to the opening day of the general archery deer hunt. A refund may not be issued pursuant to Section 23-19-38.

(d) If the participant obtains any other buck deer permit, or a Dedicated Hunter Limited Entry Permit, the participant may use the permit only in the prescribed area during the season dates listed on the permit.

(e) Participants who obtain a cooperative wildlife management unit permit may hunt only within those areas identified on the permit and only during the dates determined by the cooperative wildlife management unit landowner or operator.

(4) The permit must be on the person while hunting.

(5) Obtaining any other buck deer permit does not authorize a participant to take an additional deer.

(6)(a) Participants may apply for or obtain antlerless deer permits as provided in Rule R657-5 and the Antlerless Addendum to the proclamation of the Wildlife Board for taking big game.

(b) Antlerless permits do not count against the number of permits issued pursuant to this program.

(c) Antlerless harvest of a deer as provided in the Antlerless Addendum to the proclamation of the Wildlife Board for taking big game shall not be considered a program harvest.

R657-38-[9]11. Reporting Requirements.

(1)(a) A participant must return the unused Dedicated Hunter Permit and attached tag, or an affidavit as provided in Section R657-38-[4(5)(c)]6(6)(c), to a division office by January 31 annually, unless January 31 is a Saturday, Sunday, or holiday, in which case the date shall be extended to the following business day.

(b) The division shall credit any participant who fails to return the unused Dedicated Hunter Permit and attached tag, or an affidavit as provided in Section R657-38-[4(5)(c)]6(6)(c), by January 31 with a program harvest.

[(c)](i) An unused Dedicated Hunter Permit and attached tag, or an affidavit as provided in Subsection R657-38-[4(5)(c)]6(6)(c), returned after January 31, will be accepted and the credited program harvest removed.

(ii) A participant who returns [a permit]an unused Dedicated Hunter Permit after the January 31 deadline, and who is credited with a second program harvest, is only eligible to obtain a [permit]Dedicated Hunter Permit for an available region if permits remain after the big game drawing and must obtain the Dedicated Hunter Permit over-the-counter at a division office.

(iii) If there are no permits remaining after the big game drawing, additional Dedicated Hunter permits shall not be issued.

(2)(a) The division may contact participants to gather annual harvest information and hunting activity information.

(b) Participants are expected to provide harvest information and hunting activity information if contacted by the division.

(3)(a) A participant may specify a change to their regional hunt choice for a Dedicated Hunter Permit by submitting a request in writing to the division by January 31 annually, unless January 31 is a Saturday, Sunday, or holiday, in which case the date shall be extended to the following business day.

(b) If a change is not specified pursuant to Subsection (a), the regional hunt choice selected initially or in the prior year shall be assigned.

R657-38-[10]12. Limited Entry Dedicated Hunter Program Drawing.

(1) Any unfilled Dedicated Hunter Permit with an unused attached tag, returned to the Division by January 31 annually, unless January 31 is a Saturday, Sunday, or holiday, in which case the date shall be extended to the following business day, may qualify the participant to be entered into the Dedicated Hunter Program Drawing provided:

(a) the participant is currently enrolled in the program; and

(b) the participant has returned the Dedicated Hunter Permit and unused, attached tag, or an affidavit as provided in Section R657-38-[4(5)(c)]6(6)(c).

(2)(a) One limited entry deer permit and one limited entry elk permit shall be offered through the drawing for each 250 permits received by the Division in accordance with Subsection (1).

(b) The eligible participants and limited entry permits shall be randomly drawn.

(c) The successful participant must meet all program requirements by June 1 for the current year in which the permit is valid before the issuance of the permit.

(d) If the successful participant fails to fulfill program requirements by June 1, the permit may be issued to the next participant on the alternate drawing list as provided in Rule R657-42.

(3) The drawing results may be posted at division offices and on the division Internet address on the date published in the Bucks, Bulls and Once-In-A-Lifetime Proclamation of the Wildlife Board for taking big game.

(4)(a) The successful participant shall be notified by mail.

(b) The successful participant must submit the appropriate limited entry fee within ten business days of the date on the notification letter.

(c) If the successful participant fails to submit the required limited entry permit fee, the permit may be issued to the next participant, who would have drawn the permit, in accordance with Rule R657-42.

(5)(a) The Limited Entry Dedicated Hunter [permit]Permit allows the recipient to take only the species for which the permit is issued.

(b) The species that may be taken shall be printed on the permit.

(c) The species may be taken in the area and during the season specified on the permit.

(d) The species may be taken only with the weapon specified on the permit.

(e) The recipient of a limited entry deer or elk 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.

(f) Bonus points shall not be awarded or utilized when applying for or obtaining Limited Entry Dedicated Hunter permits.

(g) Any participant who obtains a Limited Entry Dedicated Hunter Permit is not subject to the waiting periods set forth in Rule R657-5 and the proclamation of the Wildlife Board for taking big game.

[R657-38-11. Certificate of Registration Surrender.

(1)(a) A participant who has obtained a Dedicated Hunter Certificate of Registration may surrender the certificate of registration to a division office provided the participant does not have two program harvests.

(b) A participant who surrenders the Dedicated Hunter Certificate of Registration may not re-enter the program until the participant's initial certificate of registration has expired.

(2) The division may not issue a refund except as provided in Section 23-19-38.

R657-38-12. Certificate of Registration Suspension.

(1) A Dedicated Hunter Permit and tag may not be issued to any participant who:

(a) does not perform the program requirements; or

(b) violates the terms of this rule or the Dedicated Hunter Certificate of Registration.

(2) The division may revoke or suspend a certificate of registration as provided in Section 23-19-9.

]KEY: wildlife, hunting, recreation, wildlife conservation

[January 15, 2005]2006

Notice of Continuation November 21, 2005

23-14-18

ADDITIONAL INFORMATION

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