DAR File No. 29530

Natural Resources, Wildlife Resources

R657-51

Youth Permits

NOTICE OF PROPOSED RULE

DAR File No.: 29530
Filed: 02/21/2007, 07:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was established to allow The Utah Division of Wildlife Resources (DWR) to issue one series of youth permits for the 2002 and 2003 hunting seasons through conservation organizations. The time frame for this rule is passed and the division wishes to repeal it.

Summary of the rule or change:

DWR wishes to repeal Rule R657-51. This rule was created to allow DWR to issue one series of youth permits for the 2002 and 2003 hunting seasons through conservation organizations. Because the season has been completed, the administrative rule is not necessary at this time. This rule is repealed in its entirety.

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 this purpose and is no longer needed. DWR determines that there are no cost or savings impacts to the state budget or DWR's budget associated with repealing this rule.

local governments:

The repealing of this rule 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 was established to allow DWR to issue one series of youth permits for the 2002 and 2003 hunting seasons through conservation organizations. The rule has served this 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:

This rule was established to allow DWR to issue one series of youth permits for the 2002 and 2003 hunting seasons through conservation organizations. The rule has served this 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:

This filing does not create a fiscal 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:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@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:

04/16/2007

This rule may become effective on:

04/23/2007

Authorized by:

James F Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

[R657-51. Youth Permits.

R657-51-1. 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 youth permits.

(2) Youth permits are authorized by the Wildlife Board and issued by the division through conservation organizations for purposes of introducing and promoting hunting recreation among youth.

(3) This rule is intended as authorization to issue one series of youth permits for the 2002 and 2003 hunting season through conservation organizations.

 

R657-51-2. 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) "Conservation organization group" means a collective of conservation organizations cooperatively working together under agreement to promote youth participation in hunting recreation and responsible for distributing opportunities to obtain youth permits.

(c) "Youth" means a person that is eligible to hunt and that person is between the ages of 14 and 19, inclusive as of August 1, 2002.

(d) "Youth Permit" means a permit, which allows a youth to hunt:

(i) a specified big game species on a specified unit during the established season for each species as authorized by the Wildlife Board;

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

(e) "Youth Permit series" means a package of permits comprised of big game, cougar, bear or turkey as authorized by the Wildlife Board.

 

R657-51-3. Youth Permit Authorization.

(1) Youth permits may be authorized by the Wildlife Board only for:

(a) buck deer;

(b) bull elk;

(c) buck pronghorn;

(d) bear;

(e) cougar; and

(f) wild turkey.

(2) Youth permits for each species authorized by the Wildlife Board shall be issued to the successful youth applicants selected by the conservation organization group.

(3) A youth 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.

 

R657-51-4. Application Process.

(1) Youth permit series are available for distribution through conservation organization groups collectively operating for the purpose of promoting youth participation in hunting recreation.

(2) Conservation organization groups may apply to distribute the opportunity for youth to obtain youth permits by sending an application to the division by February 15.

(3) The application must be submitted to the division to be considered for the year 2002 permits. Each application must include:

(a) the name, address and telephone number of the conservation organization group's representative;

(b) the name of each conservation organization participating in the conservation organization group;

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

(d) a copy of the agreement between the participating conservation organizations designating the conservation organization group's representative, and defining its mission statement and applicant selection process;

(e) the number of youth permits requested, broken down by species and hunting unit; and

(f) the number and type of youth permits that will be reserved exclusively for Utah residents.

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

(5) The Wildlife Board shall determine the number of youth permits, including the species, season length and hunting unit for each authorized youth permit.

 

R657-51-5. Allocation of Youth Permits.

(1) The conservation organization group selected to distribute the opportunity to receive youth permits:

(a) shall accept and process applications from youth desiring to obtain a youth permit;

(b) may collect from each person applying for a youth permit a reasonable application fee that does not exceed the direct per capita cost of administering the application process, and in no event shall the fee exceed five dollars;

(c) shall not assess or require any form of financial remuneration, other than the application fee described in Subsection (1)(b), as a prerequisite to submitting an application for a youth permit;

(d) shall accept no more than one youth permit application per youth;

(e) shall establish and administer an equitable and fair process for selecting applicants to receive youth permits;

(f) shall ensure that Utah resident applicants are eligible to receive any of the youth permits, and reserve at least 25% of the youth permits exclusively for Utah resident applicants.(g) shall submit a written certification to the Division no later than July 15th:

(i) identifying a successful applicant for each youth permit authorized by the Wildlife Board, including each applicant's social security number or hunter identification number, name, address, phone number, date of birth, height, weight, hair color, eye color, gender, proof of hunter education, and drivers license number (if applicable);

(ii) signed by the conservation organization group's representative and each constituent conservation organization in the group verifying that each is satisfied with the selection process used to designate the youth permit recipients, and with the youth identified in the certification to receive youth permits; and

(h) accept applications and conduct the application selection process in accordance with all applicable state, federal and local laws.

(2) Upon receipt of the certification and collection of the appropriate permit fees for each successful applicant, the Division will issue the youth permits to each youth designated in the certification, provided each youth is eligible under Utah law to hunt the species of animal identified on the permit.

(3)(a) Youth permit fees shall be required consistent with the regular fee schedules established by the Wildlife Board and the Division for an equivalent permit had it been obtained outside the youth permit process.

(b) Nonresident permit fees shall be required of each successful applicant that is not a resident of Utah as defined in Section 23-13-2.

 

R657-51-6. Surrender or Transfer of Youth Permit Designation.

(1) If a successful applicant designated by the conservation organization group to receive a youth permit already possesses a Utah permit for the same species of animal that year, or is otherwise unable to participate in the hunt and utilize the youth permit, the conservation organization group may designate another youth from the pool of applicants to receive the youth permit, provided the youth permit has not been issued by the division to the first selected person, except as provided in Rule R657-42.

(2) If the youth already possess a Utah permit for the same species, the youth must surrender one of the permits in accordance with Rule R657-42.

(3) Except as otherwise provided in Subsection (1), a person designated by a conservation organization group as the recipient of a youth permit, may not sell or transfer the rights to that designation to any other person.

 

R657-51-7. Using a Youth Permit.

(1) A youth permit allows the recipient to:

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

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

(2) The recipient of a youth 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) Bonus points shall not be awarded or utilized when applying for or obtaining youth permits.

(4) Any youth who obtains a youth permit is not subject to the waiting periods set forth in Rules R657-5, R657-6, R657-10 and R657-33.

 

KEY: wildlife, wildlife permits

Date of Enactment or Last Substantive Amendment: October 2, 2002

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19]