This filing was published in the 09/15/2008, issue, Vol. 2008, No. 18, of the Utah State Bulletin.
Natural Resources, Wildlife Resources
NOTICE OF PROPOSED RULE
DAR File No.: 31842
Filed: 08/19/2008, 11:10
Received by: NL
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 cougar program.
Summary of the rule or change:
The proposed revisions to the rule is: 1) clarify an online application procedure for obtaining cougar permits; and 2) 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:
This amendment only clarifies requirements currently in place. Therefore, the Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget, since the changes will not increase workload and can be carried out with existing budget
Since this amendment only clarified restrictions already in place this should have little to no effect on the local government. 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:
None--Since the amendments only clarified restrictions already in place this would not impose any additional requirements on other persons, nor generate a cost or savings impact to other persons.
Compliance costs for affected persons:
Since the amendment only clarified restrictions already in place, DWR determines that these amendments will not create additional costs for sportsmen wishing to hunt cougar in Utah. Therefore, the rule amendments do not create a cost or savings impact to individuals who participate in hunting cougar.
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
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 email@example.com
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:
This rule may become effective on:
James F Karpowitz, Director
R657. Natural Resources, Wildlife Resources.
R657-10. Taking Cougar.
R657-10-28. Application Procedure.
Applications are available [
from license agents, division offices,
and ]through the division's Internet address.
(2)(a) Group applications are not accepted. A person may not apply more than once annually.
(b) Applicants may select up to three management unit choices when applying for limited entry cougar permits. Management unit choices must be listed in order of preference.
(3)(a) Applications must be mailed by the date published in the proclamation of the Wildlife Board for taking and pursuing cougar.
(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.
(a) Late applications received by the date
published in the proclamation of the Wildlife Board for taking and pursuing
cougar 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 fee submitted with the application will not be refunded and
the license will be issued. Any permit
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 and pursuing cougar will not be
processed and will be returned. (5)] Any person who applies for a hunt that
occurs on private land is responsible for obtaining written permission from the
landowner to access the property. To
avoid disappointment and wasting the permit and fee if access is not obtained,
hunters should get written permission before applying. The division does not guarantee access and
does not have the names of landowners where hunts occur.
6]) Only a resident may apply for or obtain a
resident permit and only a nonresident may apply for or obtain a nonresident
permit, except as provided in Section R657-10-30.
7]) To apply for a resident permit, a person
must establish residency at the time of purchase.
8]) The posting date of the drawing shall be
considered the purchase date of a permit.
(1) Each application must include: (a) t]he permit [ fee; (b) the nonrefundable handling fee; and (c) the Utah hunting or
combination license fee, if the applicant does not possess one of the licenses. (2) Permits are mailed to successful applicants. (3)(a) Unsuccessful applicants, who applied in the drawing and who
applied with a check or money order, will receive a refund in December. (b) Unsuccessful applicants, who applied with a credit or debit card,
will not be charged for a permit. (c) The handling fees and Utah hunting or combination license fee are
R657-10-30. Drawing and Remaining Permits.
(1) If permits remain after all choices have been evaluated separately for residents and nonresidents, a second evaluation shall be done allowing cross-over usage of remaining resident and nonresident permit quotas.
(2) Applicants will be notified by mail or e-mail of drawing results
on the date published in the proclamation of the Wildlife Board for taking
results will be posted on the division's Internet address.]
(3) Beginning on the date published in the proclamation of the Wildlife Board for taking cougar, residents or nonresidents may purchase any of the remaining permits.
(4) Any limited entry cougar permit purchased after the season opens is not valid until seven days after the date of purchase.
(5) Limited entry permits remaining after the drawing may be obtained on a first-come, first-served basis as provided in the proclamation of the Wildlife Board for taking cougar.
(6) Waiting periods do not apply to the purchase of remaining limited entry permits after the drawing. However, waiting periods are incurred as a result of purchasing remaining permits after the drawing. Therefore, if a remaining permit is purchased in the current year, waiting periods will be in effect when applying for limited entry permits in the drawing in following years.
(7)(a) An applicant may withdraw their application for the limited entry
cougar permit drawing by [
requesting such in writing by ]the date published in the proclamation of the Wildlife
Board for taking cougar.
) The applicant must send their notarized
signature with a statement requesting that their application be withdrawn to
Utah Wildlife Administrative Services, P.O. Box 30389, Salt Lake City, Utah
84130-0389. (c]) Handling fees and Utah hunting or
combination license fees will not be refunded.
(a)] An applicant may
amend their application for the limited entry cougar permit drawing by [ requesting
such in writing by ]the date published in the
proclamation of the Wildlife Board for taking cougar[ . (b) The applicant must send their notarized signature with a
statement requesting that their application be amended to Utah Wildlife
Administrative Services, P.O. Box 30389, Salt Lake City, Utah 84130-0389. (c) The applicant must identify in their statement the requested
amendment to their application. (d) If the application is amended and that amendment results in an
error, the division reserves the right to reject the entire application].
KEY: wildlife, cougar, game laws
Date of Enactment or Last Substantive Amendment: [
August 7, 2007]
Notice of Continuation: August 21, 2006
Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19
Text to be deleted is struck through and surrounded by brackets (e.g., [
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For questions regarding the content or application of this rule, please contact Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at firstname.lastname@example.org
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 09/11/2008 2:12 PM