DAR File No. 30078

Natural Resources, Wildlife Resources

R657-56

Recreational Lease of Private Lands for Free Public Walk-in Access

NOTICE OF PROPOSED RULE

DAR File No.: 30078
Filed: 06/12/2007, 10:03
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being proposed pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input. The purpose of this rule is to provide the standards, procedures and requirements necessary to administer a walk-in access program to compensate private landowners for a recreational lease of their property to allow free public walk-in access for fishing, hunting, and trapping.

Summary of the rule or change:

The proposed revisions: 1) expand the program to statewide; 2) define contiguous block of land; 3) pro-rate lease agreement compensation fees for a landowner who withdraws from the program early; 4) create an advisory committee; 5) establish term lengths for committee members; and 6) make technical corrections.

State statutory or constitutional authorization for this rule:

Sections 23-14-18, 23-14-19, and 57-14-1

Anticipated cost or savings to:

the state budget:

None--This is a pilot program and the associated costs have been funded with monies from existing funding sources. Therefore, the Division of Wildlife Resource's (DWR) determines that this rule does 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 this rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

other persons:

Private landowners will be compensated by DWR through a recreational lease but it is not anticipated that it will produce a cost or savings for them. This rule does not impose any additional requirements on other persons, and because this rule provides for free public access, DWR has determined that this rule does not create a cost or savings impact to other persons.

Compliance costs for affected persons:

This rule is proposed to compensate private landowners for allowing free walk-in access to the public and does not impose any cost requirements for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule does 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:

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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

James F Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-56. Recreational Lease of Private Lands for Free Public Walk-in Access.

R657-56-1. Purpose and Authority.

Under the authority of Sections 23-14-3(2), -18, and 23-14-19, this rule provides the procedures, standards, and requirements to administer a [three-year ]walk-in access [pilot ]program in the [Northern Region]State of Utah to compensate private landowners for a recreational lease of their property for allowing free public walk-in access to fish, hunt, or trap.

 

R657-56-2. Definitions.

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

(2) In addition:

[(a) "Northern Region" for the purposes of this rule, means private property located within all of, or portions of, the following counties: Box Elder, Cache, Davis, Rich, Morgan, Tooele, Summit, Salt Lake, Duchesne, Daggett and Wasatch counties. The boundary begins at the Utah-Nevada state line and I-80 at Wendover, east along I-80 to US-40; south along US-40 to SR-32; east along SR-32 to SR- 35 at Francis; east along SR-35 to Soapstone Basin Road (USFS Road 037); north along Soapstone Basin Road (USFS 037) to SR-150; northeast along SR-150 to the Summit- Duchesne county line (summit of the Uinta Mountains) to the Wasatch-Ashley National Forest boundary; north along the Wasatch-Ashley National Forest boundary to USFS Road 058; east along USFS 058 to USFS Road 221 (Birch Creek); north along USFS Road 221 to the Utah-Wyoming state line; west and north along the Utah-Wyoming state line to the Utah-Idaho state line; west along the Utah-Idaho state line to the Utah-Nevada state line; south along the Utah-Nevada state line to I-80 at Wendover.

]([b]a) "Private landowner" means any individual, partnership, corporation, or association that possesses the legal right on private property to grant a recreational lease.

([c]b) "Recreational lease activities" means recreation limited to fishing, hunting or trapping as provided in the recreational lease agreement.

([d]c) "WIA" means walk-in access.

([e]d) "WIFA" means walk-in fishing access, which provides free public access to fish waters located on private property as provided in the recreational lease agreement, and includes trapping when the landowner designates this activity in the WIFA recreational lease agreement.

([f]e) "WIHA" means walk-in hunting access, which provides free public access to hunt private property as provided in the recreational lease agreement, and includes trapping when the landowner designates this activity in the WIHA recreational lease agreement.

(f) "Contiguous block" means a polygon of land that is connected as a single mass.

 

R657-56-3. Walk-In Access Enrollment Procedures.

(1) A private landowner with eligible property[ located within the Northern Region] may participate in the WIA program.

(2) A private landowner interested in participating in the WIA program must submit an enrollment form to the [Northern Region]appropriate division office by March 1, and provide:

(a) evidence of property ownership, or if leasing the private property a copy of the lease agreement; and

(b) the private landowner's signature.

(3) Enrollment forms are available at the [Northern Region]appropriate division office or through the division's web site.

 

R657-56-5. Walk-In Hunting Access Program Requirements.

(1) Private property enrolled in the WIHA Program must provide suitable wildlife habitat to support the recreational lease activity described in the WIHA recreational lease agreement, and:

(a) contain [a minimum of]no less than an 80 acre contiguous [acres]block of land;

(b) contain no less than a[ minimum of] 40 acre contiguous [acres]block of wetland or riparian land; or

(c) provide an access corridor to comparable tracts of isolated public land open to free public hunting or trapping.

(2)(a) Division personnel shall evaluate proposed WIHA property to determine if the property provides suitable wildlife habitat and wildlife for the designated recreational lease activity.

(b) If the property is approved [as suitable wildlife habitat ]for the designated recreational lease activity, the division and private landowner may enter into the WIHA recreational lease agreement as provided in Section R657-56-4.

 

R657-56-6. Walk-In Fishing Access Requirements.

(1) Private property enrolled in the WIFA Program must provide suitable fishing waters and fish to support the recreational lease activity described in the [WIFA]WAFA recreational lease agreement, and:

(a) contain a minimum 0.25 miles of stream or river;

(b) contain a minimum 5 acres of pond; or

(c) the property provides an access corridor to comparable fishing waters on isolated public land open to[ free] public fishing.

(2)(a) Division personnel shall evaluate proposed WIFA property to determine if the property provides suitable fishing waters and fish.

(b) If the property is approved for the designated recreational lease activity, the division and private landowner may enter into the WIFA recreational lease agreement as provided in Section R657-56-4.

 

R657-56-10. Termination of Walk-In Access Recreational Lease Agreement.

(1) The WIA recreational lease agreement may be:

(a) terminated for any reason by either party upon 30 days written notice; or

(b) amended at any time upon written agreement by the landowner and the division.

(2) If a WIA recreational lease agreement is terminated as provided in Subsection (1)(a), prior to the ending date specified in the recreational lease agreement, the compensation payment fee shall be prorated based upon the recreational lease activity provided and the number of days that access was provided.

(3) Restriction of public use by the landowner of the private property enrolled in the WIA program in violation of the recreational lease agreement may void all or a portion of the WIA recreational lease agreement.

(4) Any change in private landownership of enrolled WIA property may terminate the WIA recreational lease agreement.

(5) Misrepresentation of enrolled private property in the WIA program shall terminate the WIA recreational lease agreement.

 

R657-56-11. Liability Protection for Walk-In Access Private Landowner.

Landowner liability may be limited when free public access is allowed on private property enrolled in the WIA program for the purpose of any recreational lease activities as provided in [Section 57-14.]Title 57, Chapter 14 of the Utah Code.

 

R657-56-15. Walk-In Access Advisory Committee.

(1) A WIA Advisory Committee shall be created consisting of five members nominated by the [Northern Region Supervisor]five division Supervisors, and approved by the Director.

(2) The committee shall include:

(a) two sportsmen representatives;

(b) two agricultural representatives;

(c) one elected official; and

(d) the division's Wildlife Section Chief, or designee.

(3) The committee shall be chaired by the Wildlife Section Chief, or designee, who shall be a non-voting member.

(4) The committee will:

(a) hear complaints dealing with fair and equitable treatment of anglers, hunters, or trappers on enrolled WIA property;

(b) hear complaints dealing with fair and equitable treatment of WIA private landowners; and

(c) make advisory recommendations to the Director.

(5) The Wildlife Section Chief shall determine the agenda, time, and location of the WIA Advisory Committee meetings.

(6) The director may mitigate or resolve issues dealing with complaints.

[(7) Appointment terms for committee members will expire at the end of the three-year pilot WIA Program.](7) Members of the advisory Committee shall serve a term of four years, except members may be appointed for a term of two years to ensure that the term of office are staggered.

(a) The Wildlife Section Chief is not subject to a term limitation.

 

KEY: wildlife, private landowners, public access

Date of Enactment or Last Substantive Change: [November 16, 2005]August 7, 2007

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 57-14-1