DAR File No. 28382

Natural Resources, Wildlife Resources

R657-17

Lifetime Hunting and Fishing License

NOTICE OF PROPOSED RULE

DAR File No.: 28382
Filed: 11/29/2005, 02:51
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 Lifetime Hunting and Fishing License program.

Summary of the rule or change:

The changes made to Rule R657-17 were done to simplify the rule so it is easier for customers to read and understand. The use of "general" before the different types of deer hunting (archery, any weapon, and muzzleloader) was also removed to more accurately reflect the different general deer hunts and lessen possible confusion. Changes were also made to reflect the user-friendly option of submitting Lifetime License Questionnaires using the Division of Wildlife Resource's (DWR) Web site.

State statutory or constitutional authorization for this rule:

Section 23-19-17.5

Anticipated cost or savings to:

the state budget:

None--DWR determines that this amendment does not create a cost or savings impact to the state budget or DWR's budget. The amendments did not deal with any costs associated with the Lifetime Hunting and Fishing License Program, so no new/additional or alterations to the current cost or savings will be incurred to the state 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:

DWR determines that this amendment does not create a cost or savings impact to other persons. The amendments did not deal with any costs associated with the Lifetime Hunting and Fishing License Program, so no new/additional or alterations to the current cost or savings will be incurred to other persons.

Compliance costs for affected persons:

DWR determines that there are no additional compliance costs associated with this amendment. The amendments did not deal with any costs associated with the Lifetime Hunting and Fishing License Program, so no new/additional or alterations to the current cost will be incurred to affected persons.

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:

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.

R657-17. Lifetime Hunting and Fishing License.

R657-17-1. Purpose and Authority.

(1) Under authority of Section 23-19-17.5, this rule provides the requirements and procedures applicable to lifetime hunting and fishing licenses.

(2) In addition to the provisions of this rule, a lifetime licensee is subject to:

(a) the provisions set forth in Title 23, Wildlife Resources Code of Utah; and

(b) the rules and proclamations of the Wildlife Board, including all requirements for special hunting and fishing permits and tags.

(3) Unless specifically stated otherwise, lifetime licensees shall be subject to any amendment to this rule or any amendment to Section 23-19-17.5.

R657-17-2. Definitions.

Terms used in this rule are defined in Section 23-13-2 and Rule R657-5.

R657-17-3. Lifetime License Entitlement.

(1) (a) A permanent lifetime license card shall be issued to lifetime licensees in lieu of an annual small game, and fishing license.

(b) The issuance of a permanent lifetime license card does not authorize a lifetime licensee to all hunting privileges. The lifetime licensee is subject to the requirements as provided in Subsection R657-17-1(2).

(2) [In addition to]Each year, a lifetime [license card, each lifetime licensee shall]licensee who is eligible to hunt big game may receive without charge, a permit and tag for the region of [his]their choice for one of the following general deer hunts:

(i) [general ]archery buck deer;

(ii) [general season]any weapon buck deer; or

(iii) [general ]muzzleloader buck deer.

(3) Sales of lifetime hunting and fishing licenses may not be refunded, except as provided in Section 23-19-38.

(4) Lifetime hunting and fishing licenses are not transferable.

(5) Lifetime hunting and fishing licenses are no longer for sale as of March 1, 1994.

(6)(a) Lifetime license holders may participate in the Dedicated Hunter Program.

(b) Upon entering the Dedicated Hunter Program, the lifetime license holder agrees to forego any rights to receive a buck deer permit for the general archery, general season or general muzzleloader deer hunts as provided in Section 23-19-17.5 during enrollment in the Dedicated Hunter Program.

R657-17-4. General Deer Permits and Tags.

(1)(a) The division shall[, prior to] send a reminder postcard to each lifetime licensee, who is eligible to hunt big game, prior to the beginning of the annual bucks, bulls and once-in-a-lifetime application period[, send a Lifetime General Deer questionnaire to each lifetime licensee who is eligible to hunt] as prescribed in the proclamation of the Wildlife Board for taking big game.

(b) The lifetime licensee shall[ correctly fill out the questionnaire indicating the lifetime licensee's choice of general deer permits as provided in Subsection R657-17-3(2) and the region in which the lifetime licensee chooses to hunt.], prior to the end of the annual bucks, bulls and once-in-a-lifetime application period:

[(c) The questionnaire must be returned by mail to the Salt Lake division office and must be received by April 1 annually.](i) complete and submit an online Lifetime Questionnaire through the division's web site; or

(ii) complete and submit a paper Lifetime Questionnaire to the address indicated on the questionnaire.

(iii) Blank questionnaires are available online at the division's web site or from any division office.

(2)(a) Except as provided in Subsection [(c)](e) and Subsection [(d)](f), the division may not issue a permit to any lifetime licensee who was given reasonable notice of the deadline as provided in Subsection [(1)(c)](1)(b) and fails to [return]submit a complete and accurate Lifetime [General Deer questionnaire]Questionnaire to the division.

(b) [The division shall make a good faith effort to notify any lifetime licensee who has made a material error in completing the questionnaire. However, if]If an error is found on the Lifetime Questionnaire, submitted online or through the mail, the lifetime licensee may receive a correction letter. Corrections by the lifetime licensee can only be made using the personalized and numbered correction letter. Corrections must be mailed to the address on the correction letter and received no later than the date indicated on the letter. The opportunity to correct an error is not guaranteed.

(c) The division reserves the right to:

(i) contact the lifetime licensee to correct the error; or

(ii) correct the lifetime licensee's choice of general deer permits without sending a correction letter.

(d) If the division is unable to contact the lifetime licensee and correct the error, the [questionnaire shall be void and the ]lifetime licensee may not receive a permit, except as provided in Subsection [(d)](f).

[(c)](e) The director or his designee may issue a permit to a lifetime licensee who did not receive reasonable notice of the deadline as provided in Subsection [(1)(c)](1)(a).

[(d)](f) If a lifetime licensee fails to [return]submit a Lifetime [General Deer questionnaire]Questionnaire by the deadline as provided in Subsection [(1)(c)](1)(b), the lifetime licensee may obtain an available general deer permit on the date these permits are made available over-the-counter to the general public.

[(e)](3) As used in this section "reasonable notice" means that a [Lifetime General Deer questionnaire]reminder postcard was sent within a reasonable time before the deadline as provided in Subsection [(1)(c)](1)(b) to the most recent address given to the division by the lifetime licensee.

(4) Lifetime licensees shall receive a letter from the division confirming the information received on the Lifetime Questionnaire.

(5)[(3)] Lifetime licensees must notify the division of any change of mailing address, residency, address, telephone number, physical description, or driver's license number.

[(4)(a)](6)(a) Lifetime licensees may apply for or obtain general deer preference points or permits through the big game general buck deer drawing as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game, provided the lifetime licensee waives their choice of general deer permits as provided in Subsection R657-17-3(2) and the region in which the lifetime licensee chooses to hunt.

(b) If a lifetime licensee applies for and does not obtain a general deer permit through the big game general buck deer drawing, the lifetime licensee may only obtain an available general deer permit on the date these permits are made available over-the-counter to the general public.

R657-17-5. Applying for Limited Entry Permits in the Bucks, Bulls and Once-In-A-Lifetime Drawing.

(1) A lifetime licensee may apply for a limited entry permit offered through the bucks, bulls and once-in-a-lifetime drawing using a bucks, bulls and once-in-a-lifetime application published by the division.

(2) Limited entry permit species and application procedures are provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game.

(3)(a) If the lifetime licensee applies for and is successful in obtaining a premium limited entry, limited entry, or cooperative wildlife management unit buck deer permit in the bucks, bulls and once-in-a-lifetime drawing, a general deer permit will not be issued.

(b) If the lifetime licensee does not draw a premium limited entry, limited entry, or cooperative wildlife management unit buck deer permit in the bucks, bulls and once-in-a-lifetime drawing, the general deer permit requested on the Lifetime [General Deer ]Questionnaire shall be issued.

(4) Applying for or obtaining an antlerless deer, antlerless elk, or doe pronghorn permit does not affect eligibility for obtaining a general buck deer permit.

(5) All rules established by the Wildlife Board regarding the availability of big game permits in relation to obtaining general deer permits shall apply to lifetime licensees.

R657-17-6. Hunter Education Requirements -- Minimum Age for Hunting.

(1) The division shall issue a lifetime licensee only those licenses, permits, and tags for which that person qualifies according to the hunter education requirements, age restrictions specified in this Section and Title 23, Wildlife Resources Code of Utah, and suspension orders of a division hearing officer.

(2)(a) Lifetime licensees born after December 31, 1965, must be certified under Section 23-19-11 to engage in hunting.

(b) Proof of hunter education must be provided to the division by the lifetime licensee.

(3) Age requirements to engage in hunting are as follows:

(a) A lifetime licensee must be 12 years of age or older to hunt small game.

(b) A lifetime licensee must be 14 years of age or older to hunt big game. A lifetime licensee 13 years of age may hunt big game if that person's 14th birthday falls within the calendar year.

R657-17-7. Change of Residency.

(1) A lifetime hunting and fishing license shall remain valid if the licensee changes residency to another state or country.

(2)(a) A lifetime licensee who no longer qualifies as a resident under Section 23-13-2 shall notify the division within 60 days of leaving the state.

(b) The division shall issue the lifetime licensee a new lifetime hunting and fishing license with the change of address after the lifetime licensee surrenders the lifetime hunting and fishing license with the previous address.

(3) A lifetime licensee who does not qualify as a resident shall purchase the required nonresident permits or tags required for hunting, except as provided in Subsection R657-17-3(2).

R657-17-8. Lost or Stolen Lifetime Hunting and Fishing License.

(1) If a lifetime hunting and fishing license is lost or stolen, a duplicate may be obtained from any division office.

(2) The lifetime licensee shall:

(a) present a valid driver's license, identification card, birth certificate, or other form of proper identification;

(b) sign an affidavit stating the lifetime hunting and fishing license was lost or stolen; and

(c) pay a duplicate lifetime hunting and fishing license fee.

KEY: wildlife, game laws, hunting and fishing licenses[*]

[January 21, 2004]2006

Notice of Continuation November 21, 2005

23-19-17.5

23-19-40

23-19-11

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.