DAR File No. 30470

Natural Resources, Wildlife Resources

R657-9

Taking Waterfowl, Common Snipe and Coot

NOTICE OF PROPOSED RULE

DAR File No.: 30470
Filed: 09/20/2007, 06:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the division's waterfowl program.

Summary of the rule or change:

The proposed revisions are: 1) change the application procedure for swan permits to a web-based application; and 2) allow for the payment of a late fee for late swan questionnaires in compliance with the legislatively-approved fee schedule.

State statutory or constitutional authorization for this rule:

Sections 23-14-18 and 23-14-19

Anticipated cost or savings to:

the state budget:

None--This amendment changes the application process to coincide with other applications currently accepted by the Division of Wildlife Resources. DWR processes are already in place to accept a late fee therefore, the proposed changes to the rule do not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--The proposed amendments change internal processes. Therefore, the proposed changes do not create any direct cost or savings impact to local governments.

small businesses and persons other than businesses:

None--This amendment changes the application procedure but does not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This amendment changes the application procedure for swan permits, that process change would not create an additional cost, however, the payment of the late fee could have an impact. The payment of the late fee is an option and is not mandatory. The applicant can choose not to participate in the swan drawing for the period of one year, in lieu of paying the fee.

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:

11/14/2007

This rule may become effective on:

11/21/2007

Authorized by:

James F Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-9. Taking Waterfowl, Common Snipe and Coot.

R657-9-4. Permit Applications for Swan.

(1) Applications for swan permits are available [from license agents, division offices, and ]through the division's Internet address. Residents and nonresidents may apply.

(2)(a) Applications must be [mailed]submitted online by the date prescribed in the proclamation of the Wildlife Board for taking waterfowl, Common snipe and coot.

(b) If an error is found on the application, the applicant may be contacted for correction.

(c) The division reserves the right to correct applications.

(3)[(a) Late applications received by the date published in the proclamation of the Wildlife Board for taking waterfowl, Common snipe and coot will not be considered in the drawing, but will be processed for the purpose of entering data into the division's draw database to provide:

(i) future pre-printed applications;

(ii) notification by mail of late application and other draw opportunities; and

(iii) re-evaluation of division or third-party errors.

(b) The handling fee will be used to process the late application. Any Utah hunting or combination license fees submitted with the application shall be refunded.

(c) Late applications received after the date published in the proclamation of the Wildlife Board for taking waterfowl, Common snipe and coot will not be processed and will be returned.

(4)] A person may obtain only one swan permit each year

([5]4) A person may not apply more than once annually.

([6]5) Group applications are not accepted.

([7]6) A Utah hunting or combination license may be purchased before applying, or the hunting or combination license will be issued to the applicant upon successfully drawing a permit.

(8) [Each application must include:]The permit fees and handling fees must be paid pursuant to Rule R657-42-8(5).[

(a) a nonrefundable handling fee; and

(b) the Utah hunting or combination license fee, if the license has not yet been purchased.]

 

R657-9-7. Return of Swan Harvest and Hunt Information.

(1) Swan permit holders who do not hunt or are unsuccessful in taking a swan must respond to the swan questionnaire through the division's Internet address, or by telephone, within 30 calendar days of the conclusion of the prescribed swan hunting season.

(2) Within three days of harvest, swan permit holders successful in taking a swan must personally present the swan or its head for measurement to the division or the Bear River Migratory Bird Refuge and further provide all harvest information requested by the division or Refuge.

(3) Hunters who fail to comply with the requirements of Subsections (1) or (2) shall be ineligible to:

(a) obtain a swan permit the following season; and

(b) obtain a swan permit after the first season of ineligibility until the swan orientation course is retaken.

(4) late swan questionnaires may be accepted pursuant to Rule R657-42-9(3).

 

KEY: wildlife, birds, migratory birds, waterfowl

Date of Enactment or Last Substantive Amendment: [August 7], 2007

Notice of Continuation August 21, 2006

Authorizing, and Implemented or Interpreted Law: 23-14-19; 23-14-18; 50 CFR part 20