DAR File No. 30083

Natural Resources, Wildlife Resources

R657-18

Wood Products on Division of Wildlife Resources Lands

NOTICE OF PROPOSED RULE

DAR File No.: 30083
Filed: 06/14/2007, 07:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the Use of Division Lands rule.

Summary of the rule or change:

This rulemaking action repeals Rule R657-18 and combines the text with Rule R657-28 to aid in simplifying the rules. This rule is repealed in its entirety. (DAR NOTE: The proposed amendment of Rule R657-28 is under DAR No. 30084 in this issue, July 1, 2007, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Section 23-14-8

Anticipated cost or savings to:

the state budget:

This repeal combines the text from Rule R657-18 with Rule R657-28 to aid in simplifying the rules that govern public lands. 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:

These amendments provide procedures and restrictions for the use of DWR's lands. Therefore, these 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 provide procedures and restrictions for the use of DWR's lands. Therefore, these amendments do not impose any additional costs on other 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:

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.

[R657-18. Wood Products on Division of Wildlife Resources Lands.

R657-18-1. Purpose and Authority.

Under authority of Section 23-14-8, this rule provides for the use of wood products on division lands.

 

R657-18-2. Definitions.

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

(2) In addition:

(a) "Christmas tree" means any pinyon or juniper tree or part thereof cut and removed from the place where it was grown, without the foliage being removed.

(b) "Cord" means a unit of wood cut for firewood equal to a stack 4x4x8 feet or 128 cubic feet.

(c) "Firewood" means any portion of a tree not included in any other definition of this section.

(d) "Ornamental" means any coniferous or deciduous tree that is less than 20 feet in height and has a trunk of no more than 6 inches in diameter at breast height, which is removed from a natural setting, generally with roots attached, for transplant to a different location.

(e) "Permit" for the purpose of this rule only means a document granting authority to take, transport, and possess wood products.

(f) "Post" means a portion of a tree or tree stem, generally a Utah juniper, which is less than 10 feet in length and 6 inches in tip diameter.

(g) "Wood product" means any tree, or portion of a tree, including Christmas trees, posts, ornamentals, and firewood.

 

R657-18-3. General Restrictions.

(1) A person may not cut or remove any wood product from division lands without first having obtained the proper permit, tag, or contract and having the permit, tag, or contract in possession.

(2) A contract or permit may be issued in a designated area for:

(a) removing trees;

(b) harvesting Christmas trees; or

(c) collecting firewood, posts, or ornamentals.

(3) A person may not cut or remove wood products during any period of time, or on any area not specified on the permit.

(4) Permits are nontransferable and nonrefundable.

(5) Permittees must accompany wood products from the cutting site.

(6) Permits are available at the Salt Lake and regional offices.

 

R657-18-4. Firewood Permits.

(1) A person may purchase one permit per year to take firewood on division lands.

(2) A firewood permit allows a person to take up to 2 cords of wood under the following conditions:

(a) Firewood collection is limited to felled trees on chained areas, except in designated live tree removal areas.

(b) A living or dead tree containing a nesting cavity may not be felled or taken.

(3) Firewood may be collected from May 1 through December 31.

 

R657-18-5. Christmas Tree Permits.

(1) A person may purchase one permit per year to take a Christmas tree on division lands.

(2) A tag will be issued with each Christmas tree permit.

(3) Only pinyon pine or Utah juniper may be cut and removed.

(4) The tag must be visibly attached to the tree before it is transported from the cutting site.

(5) The Christmas tree permit fee may be waived for any person who possesses a current Utah hunting or fishing license.

 

R657-18-6. Ornamentals and Posts.

(1) A person may purchase one permit per year to cut and remove ornamentals or posts on division lands.

(2) A person may harvest ornamentals up to an aggregate value of $60 per permit.

(3) The following values are assigned to ornamentals and posts:

(a) Conifers, $5 per tree;

(b) Deciduous, $3 per tree; and

(4)(a) A person may harvest posts up to an aggregate value of $50 per permit.

(b) Posts of any size are valued at $0.40 per post.

 

R657-18-7. Contract Agreements.

(1) Contracts may be issued by the division for removing quantities of wood products in excess of those specified in this rule.

(2) Contracts shall be awarded through a bid process.

 

KEY: wildlife, wood

Date of Enactment or Last Substantive Change: 1993

Notice of Continuation: June 20, 2002

Authorizing, and Implemented or Interpreted Law: 23-14-8]