DAR File No. 30474

Natural Resources, Wildlife Resources

R657-55

Wildlife Convention Permits

NOTICE OF PROPOSED RULE

DAR File No.: 30474
Filed: 09/20/2007, 08:05
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 of Wildlife Resources' (DWR) rule pursuant to convention permits.

Summary of the rule or change:

The proposed revisions: 1) clarify definitions of "Secured Opportunity" and "Successful Applicant"; 2) replace "voucher" with "permit" for clarification and consistency; 3) clarify the permit drawing and issuance procedure; and 4) make technical corrections for consistency and accuracy.

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 amendments to this rule are for the purpose of clarification for both the Wildlife Convention Operators and DWR. 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.

small businesses and persons other than businesses:

The amendments to this rule are for the purpose of clarification for both the Wildlife Convention Operators and DWR. DWR determines that these amendments do not create a cost or savings impact to other persons.

Compliance costs for affected persons:

The amendments to this rule are for the purpose of clarification for both Wildlife Convention Operators and DWR. DWR determines that there are no additional compliance costs associated with these amendments.

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:

11/14/2007

This rule may become effective on:

11/21/2007

Authorized by:

James F Karpowitz, Director

R657. [Department of ]Natural Resources, Wildlife Resources.

R657-55. Wildlife Convention Permits.

R657-55-1. 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 wildlife convention permits.

(2) Wildlife convention permits [and the corresponding wildlife convention permit vouchers ]are authorized by the Wildlife Board and issued by the division to a qualified conservation organization for purposes of generating revenue to fund wildlife conservation activities.

(3) The selected conservation organization [shall distribute the wildlife convention permit vouchers through]will conduct a random drawing at a convention held in Utah to distribute the opportunity to receive wildlife convention permits.

(4) This rule is intended as authorization to issue one series of wildlife convention permits per year beginning in 2007 through 2011 to one qualified conservation organization.

 

R657-55-2. 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, corporation, foundation, or association founded for the purpose of promoting wildlife conservation.

(b) "Wildlife Convention" means a multi-day event held within the state of Utah that is sponsored by multiple wildlife conservation organizations as their national or regional convention or event that is open to the general public and designed to draw nationwide attendance of more than 10,000 individuals. The wildlife convention may include wildlife conservation fund raising activities, outdoor exhibits, retail marketing of outdoor products and services, public awareness programs, and other similar activities.

(c) "Wildlife Convention Permit" means a permit which:

(i) is authorized by the Wildlife Board to be issued to successful applicants through a drawing or random selection process conducted at a Utah wildlife convention; and

(ii) allows the permittee to hunt for the designated species on the designated unit during the respective season for each species as authorized by the Wildlife Board.

(d) "Wildlife Convention Permit series" means a single package of permits to be determined by the Wildlife Board for:

(i) deer;

(ii) elk;

(iii) pronghorn;

(iv) moose;

(v) bison;

(vi) rocky mountain goat;

(vii) desert bighorn sheep;

(viii) rocky mountain bighorn sheep;

(ix) wild turkey;

(x) cougar; or

(xi) black bear.

[(e) "Wildlife convention permit voucher" means the official document awarded to a successful wildlife convention permit applicant, which authorizes that person to receive from the division the permit designated thereon upon receipt of the applicable permit fee and verifying the person's eligibility to legally hunt the specified species in Utah.](e) "Secured Opportunity" means the opportunity to participate in a specified hunt that is secured by an eligible applicant through the drawing process.

(f) "Successful Applicant" means an individual selected to receive a wildlife convention permit through the drawing process.

 

R657-55-3. Wildlife Convention Permit Allocation.

(1) The Wildlife Board may allocate wildlife convention permits by May 1 of the year preceding the wildlife convention.

(2) Wildlife convention [permit vouchers]permits shall be issued as a single series to one conservation organization.

(3) The number of wildlife convention permits authorized by the Wildlife Board shall be based on:

(a) the species population trend, size, and distribution to protect the long-term health of the population;

(b) the hunting and viewing opportunity for the general public, both short and long term; and

(c) a percentage of the permits available to nonresidents in the annual big game drawings matched by [an equal]a proportionate number of resident permits.

(4) Wildlife convention permits shall not exceed 200 total permits.

(5) Wildlife convention permits designated for the convention each year shall be deducted from the number of public drawing permits.

 

R657-55-4. Obtaining Authority to Distribute Wildlife Convention Permit Series.

(1) The wildlife convention permit series is issued for a period of five years as provided in Section R657-55-1(4).

(2) The wildlife convention permit series is available to eligible conservation organizations for distribution through a drawing or other random selection process held at a wildlife convention in Utah open to the public.

(3) Conservation organizations may apply for the wildlife convention permit series by sending an application to the division July 1 through August 1, 2005.

(4) Each application must include:

(a) the name, address and telephone number of the conservation organization;

(b) a description of the conservation organization's mission statement;

(c) the name of the president or other individual responsible for the administrative operations of the conservation organization; and

(d) a detailed business plan describing how the wildlife convention will take place and how the wildlife convention permit [voucher ]drawing procedures will be carried out.

(5) An incomplete or incorrect application may be rejected.

(6) The division shall recommend to the Wildlife Board which conservation organization may receive the wildlife convention permit series based on:

(a) the business plan for the convention and drawing procedures contained in the application; and

(b) the conservation organization's, including its constituent entities, ability, including past performance in marketing conservation permits under Rule R657-41, to effectively plan and complete the wildlife convention.

(7) The Wildlife Board shall make the final assignment of the wildlife convention permit series based on the:

(a) division's recommendation;

(b) benefit to protected wildlife;

(c) historical contribution of the organization, including its constituent entities, to the conservation of wildlife; and

(d) previous performance of the conservation organization, including its constituent entities.

(8) The conservation organization receiving the wildlife convention permit series must:

(a) require each applicant to verify they possess a current Utah hunting or combination license before allowing them to apply for a convention permit.

(b) [distribute]select successful applicants for the wildlife convention [permit vouchers]permits by drawing or other random selection process in accordance with law, provisions of this rule, proclamation, and order of the Wildlife Board;

(c) allow applicants to apply for the wildlife convention [permit vouchers]permits without purchasing admission to the wildlife convention;

(d) notify the division of the [recipient]successful applicant of each wildlife convention permit[ voucher] within 10 days of the [recipient]applicant's selection;

(e) maintain records demonstrating that the drawing was conducted fairly; and

(f) submit to wildlife convention permit series audits by a division-appointed auditor upon division request.

(9) The division shall issue the appropriate wildlife convention permit to the designated [recipient of the wildlife convention permit voucher upon]successful applicant after:

(a) completion of the random selection process;

(b) verification of the recipient being found eligible for the permit; and[ the]

(c) payment of the appropriate permit fee is received by the division.

(10) The division and the conservation organization receiving the wildlife convention permit series shall enter into a contract, including the provisions outlined in this rule.

(11) The division may suspend or terminate the conservation organization's authority to distribute wildlife convention [permit vouchers]permits at any time during the five year award term for:

(a) violating any of the requirements set forth in this rule or the contract; or

(b) failing to bring or organize a wildlife convention in Utah, as described in the business plan under R657-55-4(4)(d), in any given year.

 

R657-55-5. Hunter Application Procedures.

(1) Any hunter legally eligible to hunt in Utah may apply for a permit.

(2) Any handling fee assessed by the conservation organization to process applications shall not exceed $5 per application submitted at the convention.

(3) Applicants must [be present]validate their application in person at the wildlife convention to [apply]be eligible to participate in the random drawing process, for wildlife convention permits, and no person may submit an application in behalf of another.

(4) Applicants may apply for each individual hunt.

(5) Applicants may apply only once for each hunt, regardless of the number of permits for that hunt.

(6) Applicants must submit an application for each desired hunt.

(7) Applicants must possess a current Utah hunting or combination license in order to apply for a permit.

 

R657-55-6. Drawing Procedures.

(1) A random drawing or selection process must be conducted for each wildlife convention permit[ voucher].

(2) No preference or bonus points shall [apply or ]be awarded in the drawings.

(3) Waiting periods do not apply, except any person who obtains a wildlife convention permit for a once-in-a-lifetime species is subject to the once-in-a-lifetime restrictions applicable to obtaining a subsequent permit for the same species through a division application and drawing process, as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game.

(4) No predetermined quotas or restrictions shall be imposed in the application or selection process for wildlife convention [permit vouchers]permits between resident and nonresident applicants.

(5) Drawings will be conducted at the close of the convention.

(6) Applicants do not have to be present at the drawing to be awarded [the]a wildlife convention permit[ voucher].

(7) The conservation organization shall draw [ten]twenty five eligible alternates for each wildlife convention permit and [maintain the list of alternates]provide the division with a finalized list. This list will be maintained by the conservation organization until all permits are issued[ and then provide the list to the division].

(8) The [conservation organization]division shall contact successful applicants by phone or mail, and the conservation organization may post results[ posted] on a designated website.

 

R657-55-7. Issuance of Permits.

(1) The division shall provide a wildlife convention permit [voucher ]to the successful applicant as designated by the conservation organization[ for each wildlife convention permit to be issued].

(2) The [conservation organization]division must provide a wildlife convention permit[ voucher] to each successful applicant, except as otherwise provided in this rule.

(3) The division shall provide each successful applicant a letter indicating the permit secured in the drawing, the appropriate fee owed the division, the date this fee is due, and a postage paid envelope to return payment to the division.

(4) Successful applicants must provide the [wildlife convention ]permit [voucher]fee payment in full to the division and[, if legally eligible to hunt in Utah,] will be issued the designated wildlife convention permit upon [payment]receipt of the appropriate permit fee and providing proof they possess a current Utah hunting or combination license.

([4]5) Residents will pay resident permit fees and nonresidents will pay nonresident permit fees.

([5]6) Applicants are eligible to obtain only one permit per species, except as provided in Rule R657-5, but no restrictions apply on obtaining permits for multiple species.

[(6)(a)](7) Any successful applicant who fails to [redeem their wildlife convention permit voucher by the dates provided in Subsection (b) annually,]satisfy the following requirements will be ineligible to receive the wildlife convention permit and the next drawing alternate for that permit will be selected.

[(b) A wildlife convention permit voucher must be redeemed by:

(i) November 15 for cougar;

(ii) February 1 for wild turkey and bear; and

(iii) August 1 for deer, elk, pronghorn, moose, bison, rocky mountain goat, desert bighorn sheep, and rocky mountain bighorn sheep.](a) The applicant fails to return the appropriate permit fee in full by the date provided in Subsection (3) or

(b) The applicant did not possess a valid Utah hunting or combination license at the time the convention permit application was submitted and the permit received.

 

R657-55-8. Surrender or Transfer of Wildlife Convention Permits[ and Vouchers].

(1)(a) If a person selected to receive a wildlife convention permit is also successful in obtaining a Utah limited entry permit for the same species in the same year or obtaining a general permit for a male animal of the same species in the same year, that person cannot possess both permits and must select the permit of choice.

(b) In the event the [wildlife convention permit voucher]secured opportunity is willingly surrendered before the permit is issued, the next eligible applicant on the alternate drawing list [for that wildlife convention permit ]will be selected to receive the [wildlife convention permit voucher]secured opportunity.

(c) In the event the wildlife convention permit [voucher is redeemed for a wildlife convention permit and the permit is thereafter]is surrendered, the next eligible applicant on the alternate drawing list for that permit will be selected to receive the permit, and the permit fee will not be refunded, except as provided in Sections 23-19-38 and 23-19-38.2.[

(d) In the event the limited entry or general permit is surrendered, the permit may be reallocated pursuant to Rule R657-42, and the permit fee will not be refunded, except as provided in Sections 23-19-38 and 23-19-38.2.]

(2) If a person is successful in obtaining more than one wildlife convention permit for the same species, the applicant must select the permit of choice and the remaining permit will go to the next eligible applicant on the alternate drawing list.

(3) A person selected by a conservation organization to receive a wildlife convention [voucher or ]permit, may not sell or transfer the[ voucher,] permit, or any rights thereunder to another person in accordance with Section 23-19-1.

(4) If a person is successful in obtaining a wildlife convention permit but is legally ineligible to hunt in Utah the next eligible applicant on the alternate drawing list for that permit will be selected to receive the permit.

 

R657-55-9. Using a Wildlife Convention Permit.

(1) A wildlife convention permit allows the recipient to:

(a) take only the species for which the permit is issued;

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

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

(2) The recipient of a wildlife convention 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.

 

KEY: wildlife, wildlife permits

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

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