DAR File No. 31609

Natural Resources, Wildlife Resources

R657-6

Taking Upland Game

NOTICE OF PROPOSED RULE

DAR File No.: 31609
Filed: 06/24/2008, 08:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council meetings and the Wildlife Board meeting conducted for taking public input and reviewing the upland game program as approved by the Wildlife Board.

Summary of the rule or change:

The proposed revisions to the above listed rules: 1) change the sandhill crane application to online only; and 2) remove the 8:00 a.m. restriction to take pheasant and quail on the opening day of the seasons.

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 sandhill crane application to online only, bringing it in line with all of the other division applications, and removes the 8:00 a.m. start time for pheasant and quail on opening day. The proposed changes to the rule do not create a cost or savings impact to the state budget or the Division of Wildlife Resources' (DWR) budget and can be carried out with current personnel and budget.

local governments:

None--This amendment changes the sandhill crane application to online only and removes a 8:00 a.m. shooting restriction. The proposed change does not create any direct cost or savings impact to local governments because they are not directly affected by the rule.

small businesses and persons other than businesses:

None--This amendment changes the application process for the sandhill crane drawing and removes a 8:00 a.m. shooting restriction. This change 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 process for the sandhill crane drawing and removes a 8:00 a.m. shooting restriction on opening day for pheasant and quail. The proposed change to the rule does not create additional compliance costs.

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:

08/14/2008

This rule may become effective on:

08/21/2008

Authorized by:

James F Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-6. Taking Upland Game.

R657-6-5. Application Procedure for Sandhill Crane.

(1)(a) Applications will be available [from]through the Division[ offices and license agents]'s internet address. Applications must be [mailed]submitted online by the date prescribed in the proclamation of the Wildlife Board for taking upland game.

(b) Residents and nonresidents may apply.

(c) The application period for Sandhill Crane is published in the proclamation of the Wildlife Board for taking upland game.

(2)[(a) Applications completed incorrectly or received after the date prescribed in the upland game proclamation may be rejected.

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

(3[)(a) Late applications, received by the date published in the proclamation of the Wildlife Board for taking upland game, 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 will be refunded.

(c) Late applications, received after the date published in the proclamation of the Wildlife Board for taking upland game, shall not be processed and shall be returned to the applicant.

(4]) Group applications for Sandhill Crane will not be accepted.

([5]4)(a) A person may obtain only one Sandhill Crane permit each year.

(b) A person may not apply more than once annually.

([6]5) Each application must include:

(a) a nonrefundable handling fee; and

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

([7]6) A hunting or combination license may be purchased before applying, or the hunting or combination license will be issued upon successful drawing results. Fees must be submitted with the application.

([8]7) The posting date of the drawing results is published in the proclamation of the Wildlife Board for taking upland game.

([9]8) Any permits remaining after the drawing are available[ by mail-in application] on a first-come, first-served basis beginning on the date published in the proclamation of the Wildlife Board for taking upland game.

([10]9) To apply for a resident permit or license, a person must establish residency at the time of purchase.

([11]10) The posting date of the drawing shall be considered the purchase date of a permit.

([12]11)(a) An applicant may withdraw their application for the Sandhill Crane Drawing by requesting such in writing by the date published in the proclamation of the Wildlife Board for taking upland game.

(b) The applicant must send their notarized signature with a statement requesting that their application be withdrawn to the Salt Lake Division office.

(c) An applicant may reapply in the Sandhill Crane Drawing provided:

(i) the original application is withdrawn;

(ii) the new application is submitted with the request to withdraw the original application;

(iii) both the new application and request to withdraw the original application are received by the initial application deadline; and

(iv) both the new application and request to withdraw the original application are submitted to the Salt Lake Division office.

(d) Handling fee will not be refunded.

([13]12)(a) An applicant may amend their application for the Sandhill Crane Drawing by requesting such in writing by the initial application deadline.

(b) The applicant must send their notarized signature with a statement requesting that their application be amended to the Salt Lake Division office.

(c) The applicant must identify in their statement the requested amendment to their application.

 

R657-6-10. Shooting Hours.

(1)(a) Except as provided in Subsection (b), shooting hours for upland game are as follows:

(i) Band-tailed Pigeon, Mourning Dove, White-winged Dove, and Sandhill Crane may be taken only between one-half hour before official sunrise through official sunset.

(ii) Sage-grouse, Ruffed Grouse, Blue Grouse, Sharp-tailed Grouse, White-tailed Ptarmigan, Chukar Partridge, Hungarian Partridge, pheasant, quail, cottontail rabbit, and snowshoe hare may be taken only between one-half hour before official sunrise through one-half hour after official sunset.

(b) A person must add to or subtract from the official sunrise and sunset depending on the geographic location of the state. Specific times are provided in a time zone map in the proclamation of the Wildlife Board for taking upland game.

(2) [Pheasant and quail may not be taken prior to 8 a.m. on the opening day of the pheasant and quail seasons.

(3) ]A person may not discharge a firearm on state owned lands adjacent to the Great Salt Lake, state waterfowl management areas or on federal refuges between official sunset through one-half hour before official sunrise.

 

KEY: wildlife, birds, rabbits, game laws

Date of Enactment or Last Substantive Change: [August 7, 2007]2008

Notice of Continuation: July 8, 2005

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