R657.  Natural Resources, Wildlife Resources.
R657-37.  Cooperative Wildlife Management Units for Big Game or Turkey.
R657-37-1.  Purpose and Authority.
	(1)  Under authority of Section 23-23-3, this rule provides the standards and procedures applicable to Cooperative Wildlife Management Units organized for the hunting of big game or turkey.
	(2)  Cooperative Wildlife Management Units are established to:
	(a)  increase wildlife resources;
	(b)  provide income to landowners;
	(c)  provide the general public access to private and public lands for hunting big game or turkey within a Cooperative Wildlife Management Unit;
	(d)  create satisfying hunting opportunities;
	(e)  provide adequate protection to landowners who open their lands for hunting; and
	(f)  provide landowners an incentive to manage lands to protect and sustain wildlife habitat and benefit wildlife.

R657-37-2.  Definitions.
	(1)  Terms used in this rule are defined in Sections 23-13-2 and 23-23-2.
	(2)  In addition:
	(a)  "CWMU" means Cooperative Wildlife Management Unit.
	(b)  "CWMU agent" means a person appointed by a landowner association member to protect private property within the CWMU.
	(c)  "General public" means all persons except landowner association members and their spouse or dependent children.
	(d)  "Landowner association" means a landowner or group of landowners of private land organized as a single entity for the purpose of applying for, becoming and operating a CWMU.
	(e)  "Landowner association member" means:
	(i)  an individual landowner or the managing members of a legal entity holding a fee interest in private property enrolled in a CWMU;
	(ii)  a landowner association president;
	(iii)  a landowner association operator; and
	(iv)  employees, agents, and volunteers operating under the authority of or at the direction of a landowner association president or operator.
	(f)  "Landowner association operator" means a person designated by the landowner association to operate the CWMU and handle day-to-day interactions of the landowner association with the public.
	(g)  "Landowner association president" means a representative of the landowner association who is responsible for all internal operations of the landowner association and is ultimately responsible for the CWMU.
	(h)  "Voucher" means a document issued by the division to a landowner association member, allowing a landowner association member to designate who may purchase a CWMU big game or turkey hunting permit from a division office.

R657-37-3.  Requirements for the Establishment of a Cooperative Wildlife Management Unit.
	(1)  A CWMU may be established for the purposes of hunting one or more of the following:
	(a)  mule deer;
	(b)  elk;
	(c)  moose;
	(d)  pronghorn; and
	(e)  turkey.
	(2)  The Wildlife Board may approve the issuance of a certificate of registration for a CWMU, provided:
	(a)  the property is capable of independently maintaining the presence of the respective species and harboring them during the established hunting season;
	(b)  the property is capable of accommodating the anticipated number of hunters and providing a reasonable hunting opportunity;
	(c)  the property exhibits enforceable boundaries clearly identifiable to both the public and private hunters;
	(d)  the CWMU contributes to meeting division wildlife management objectives;
	(e)  as needed, the CWMU provides reasonable assistance to the division in minimizing and addressing damage to agricultural interests within and adjacent to the CWMU caused by wildlife; and
	(f)  the CWMU meets the technical specifications provided in this rule.
	(3)  A CWMU shall satisfy the following criteria:
	(a)  a CWMU for elk or moose must contain at least 10,000 contiguous acres;
	(b)  a CWMU for deer, pronghorn, or turkey must contain at least 5,000 contiguous acres;
	(b)  the CWMU shall consist of private land to the extent practicable;
	(c)  only private lands may be included in calculating minimum acreage requirements;
	(d)  land parcels adjoining corner-to-corner may not be included for the purposes of meeting minimum contiguous acreage requirements;
	(e)  all lands counting towards the minimum acreage requirements shall provide quality hunting opportunity and form a quality hunting unit; or
	(f)  the CWMU must receive approval for a variance as described in R657-37-5(4).
	(4)  A CWMU may include public land only if:
	(a)  the public land is surrounded by private land or is otherwise publicly inaccessible;
	(b)  the public land is necessary to establish an enforceable and identifiable hunt boundary; or
	(c)  inclusion of the public land is necessary to achieve statewide and unit management objectives.
	(5)  A CWMU may not include:
	(a)  any lands comprising Domesticated Elk Facilities and Domesticated Elk Hunting Parks, as defined in Section 4-39-102(2) and Rules R58-18 and R58-20;
	(b)  any lands already included in another active CWMU; or
	(c)  differing hunt boundaries for multiple species approved on a single CWMU.
	(6)  The Wildlife Board may deny a CWMU that meets technical requirements of this rule but does not otherwise fulfill the purposes of the CWMU program.

R657-37-4.  Cooperative Wildlife Management Unit Management Plan.
	(1)(a)  The landowner association shall manage the CWMU in compliance with a CWMU Management Plan approved by the division.
	(b)  The CWMU management plan shall be consistent with statewide and unit management objectives for the respective species hunted on the CWMU.
	(2)(a)  The CWMU Management Plan shall be completed as part of the certificate of registration application and renewal processes.
	(b)  If approved by the Wildlife Board, the CWMU management plan is incorporated into the CWMU's certificate of registration.
	(c)  Amendments to the CWMU Management Plan may be requested by the Wildlife Board, the division, or the CWMU landowner association operator or president, and may result in an amendment to the certificate of registration, consistent with R657-37-5.5.
	(3)(a)  The CWMU Management Plan must include:
	(i)  species management objectives for the CWMU that are consistent with statewide and unit management objectives for the respective big game or turkey management unit;
	(ii)  antlerless harvest objectives;
	(iii)  dates that the general public with buck or bull CWMU permits will be allowed to hunt;
	(iv)  a detailed explanation of how comparable hunting opportunities will be provided to both the private and public permit holders on the CWMU as required in Section 23-23-7.5;
	(v)  an explanation of the purpose for including public land within the CWMU boundaries, if public land is included;
	(vi)  an explanation of how the public is compensated by the CWMU when public land is included;
	(vii)  rules and guidelines used to regulate a permit holder's conduct as a guest on the CWMU;
	(viii)  County Recorder Plat Maps or equivalent maps depicting boundaries and ownership for all property within the CWMU;
	(ix)  two original 1:100,000 USGS maps depicting all interior and exterior boundaries of the proposed CWMU;
	(x)  strategies and methods that avoid, mitigate, and if necessary compensate for adverse impacts to adjacent landowners and lessees resulting from the operation of the CWMU;
	(xi)  strategies and methods that avoid, mitigate, and if necessary compensate for adverse impacts to agricultural lessees within and adjacent to the CWMU;
	(xii)  identification of areas within the CWMU that are closed to hunting by both public and private hunters;
	(xiii)  any request for reciprocal agreements.
	(b)  The division shall review all CWMU Management Plans and make recommendations to the Wildlife Board.
	(4)(a)  CWMU operators are required to complete a CWMU training session provided by the division on an annual basis.
	(b)  Failure to complete the CWMU training session may result in the CWMU operator being referred to the CWMU Advisory Committee described in R657-37-15 or may result in administrative action taken against a certificate of registration as described in R657-37-14.

R657-37-5.  Application for Certificate of Registration; Variance Process.
	(1)  An application for a CWMU certificate of registration satisfying the acreage and parcel configuration requirements in R657-37-3 must be completed and returned to the regional division office where the proposed CWMU is located no later than August 1.
	(2)  The application must be accompanied by:
	(a)  the CWMU Management Plan, including all maps and a GIS shapefile in NAD 83 depicting the CWMU boundary;
	(b)(i)  a petition containing the signature and acreage of each participating landowner agreeing to establish and operate the CWMU as provided in this rule and Title 23, Chapter 23 of the Wildlife Resources Code; or
	(ii)  a copy of a legal contract or agreement identifying:
	(A)  the private land;
	(B)  the duration of the contract or agreement;
	(C)  the names and signatures of landowners conveying the hunting rights to the CWMU landowner association;
	(c)  a signed waiver from each landowner or lessee holding agricultural interests within the boundaries of the proposed CWMU releasing all claims for any assistance pertaining to those lands that may otherwise be available from the division under R657-44 during the term of the certificate of registration;
	(d)  the name of the landowner association operator;
	(e)  the name of the landowner association president; and
	(f)  the nonrefundable handling fee.
	(3)(a)  The division may reject any application that is incomplete or completed incorrectly.
	(b)  Applicants must update the division regarding any changes to the substance of their application while it is under consideration or it may be considered incomplete or incorrect.
	(4)(a)  An application for a new CWMU that fails to meet the acreage or parcel configuration requirements in R657-37-3 must submit a written variance request to the division by February 1st prior to the annual August 1st application deadline.
	(b)  Upon receipt of a completed variance request, the division will forward the variance request to the CWMU Advisory Committee for review and recommendations.
	(c)  The division will review the variance request and make recommendations to the CWMU Advisory Committee.
	(d)  The CWMU Advisory Committee will consider the variance request and the division's recommendations and make recommendations to the Wildlife Board on the advisability of granting the CWMU application.
	(5)  In analyzing an application for a CWMU, the Wildlife Board shall consider:
	(a)  the application materials;
	(b)  the division's recommendation;
	(c)  any recommendation from the CWMU Advisory Committee regarding a variance request; and
	(d)  any violation of the provisions of Title 23, Wildlife Resources Code by the CWMU operator, president, or landowner association member that bears a reasonable relationship on whether the applicant should be approved to participate in the program.
	(6)  Upon receiving the application and recommendation from the division, the Wildlife Board may:
	(a)  authorize the issuance of a certificate of registration allowing the landowner association to operate a CWMU; or
	(b)  deny the application and provide the landowner association with reasons for the decision.
	(7)  A certificate of registration is issued on a three-year basis and shall expire on January 31.
	(8)  The CWMU application and the management plan agreement are binding upon the landowner association members and all successors in interest to the CWMU property or the hunting rights thereon as it pertains to allowing public permit holders reasonable access to all CWMU property during the applicable hunting seasons for purposes of filling the permit.

R657-37-5.5.  Amendment to a Certificate of Registration; Termination of Certificate of Registration.
	(1)(a)  A CWMU must notify the division in writing regarding any requested change in:
	(i)  permit numbers or allocation;
	(ii)  season dates;
	(iii)  landowner association membership;
	(iv)  acreage of the CWMU;
	(v)  operator;
	(vi)  the CWMU Management Plan; or
	(vii)  any other matter related to the management and operation of the CWMU not originally included in the certificate of registration.
	(b)  Written notification of a requested change must be submitted to the appropriate regional division office where the CWMU is located.
	(c)  The division must be notified of all changes in landowner association membership, acreage, and operator within 30 days of such changes occurring.
	(d)  The CWMU must provide the division the written release identified in R657-37-5(2)(c) from new agricultural lessees within the boundaries of the proposed CWMU that are not participating members of the landowner association within 30 days of any changes occurring.
	(e)  Changes in the CWMU described in R657-37-5.5(1)(a) require an amendment to the certificate of registration.
	(2)  Requests to amend buck and bull permit numbers, permit allocation, or season dates:
	(a)  may be initiated by the CWMU or the division;
	(b)  are due on August 1 of the year prior to when hunting is to occur, unless requested changes are in response to an ecological event or condition occurring after the August 1 deadline and beyond the control of the CWMU;
	(c)  shall be forwarded to the Regional Advisory Councils and Wildlife Board for consideration; and
	(d)  upon approval by the Wildlife Board, an amendment to the original certificate of registration shall be issued in writing.
	(3)  Requests to amend antlerless permit numbers or season dates:
	(a)  may be initiated by the CWMU or the division;
	(b)  must be submitted to the division by the last day of February;
	(c)  shall be forwarded to the Regional Advisory Councils and Wildlife Board for consideration; and
	(d)  upon approval by the Wildlife Board, an amendment to the original certificate of registration may be issued in writing.
	(4)(a)  If acreage totals in the CWMU decrease by more than 33% over the term of the certificate of registration, the certificate of registration shall:
	(i)  remain effective for the hunting season beginning in that calendar year; and
	(ii)  following completion of that hunting season, the certificate of registration shall terminate.
	(b)  A CWMU whose certificate of registration is terminated under this section may reapply consistent with R657-37-5.
	(c)  If a reduction in acreage occurs on a CWMU that does not trigger the 33% threshold identified in subsection 4(a) and the resulting acreage total is below the standard totals generally required by R657-37-3:
	(i)  the certificate of registration will remain effective for the current hunt year;
	(ii)  the CWMU will be reported to the CWMU Advisory Committee for a variance request using the process described in R657-37-5(4); and
	(iii)  the Wildlife Board shall make a determination regarding variance approval and amendment of the certificate of registration.
	(5)(a)  All other requests for amendments shall be reviewed by the division.
	(b)  If the division recommends approval of the amendment, the division will submit that recommendation to the director.
	(c)  Upon approval by the director, an amendment to the original certificate of registration shall be issued in writing.

R657-37-6.  Renewal of a Certificate of Registration.
	(1)(a)  At the end of a certificate of registration term, the certificate of registration may be renewed, consistent with this section.
	(b)  A certificate of registration terminated pursuant to R657-37-5.5 or R657-37-14 is not eligible for renewal, but may reapply consistent with R657-37-5.
	(2)  An application for renewal of a certificate of registration must be completed and returned to the regional division office where the CWMU is established no later than August 1 of the year preceding the expiration of the certificate of registration term.
	(3)(a)  The renewal application must identify all changes from the previous certificate of registration and CWMU Management Plan.
	(b)  A CWMU renewal application that, due to its acreage totals or parcel configuration would otherwise require variance approval, may proceed without completing the variance process, provided:
	(i)  the CWMU legally possessed a CWMU certificate of registration during the previous year that allowed for corner-to-corner land parcels or noncontiguous land parcels;
	(ii)  the CWMU's renewal application does not add additional corner-to-corner or noncontiguous parcels from the previously approved CWMU certificate of registration; and
	(iii)  the CWMU renewal application at a minimum maintains the equivalent acreage totals and configuration from its previously approved certificate of registration.
	(c)  A CWMU renewal application that includes a request for modified season dates is not required to obtain an additional variance upon renewal if those dates are identical to what was previously approved in their current certificate of registration.
	(4)  The renewal application must be accompanied by:
	(a)  the CWMU Management Plan as described in Section R657-37-4(3); and
	(b)  all maps as described in Section R657-37-4(3) if the CWMU boundaries have changed; and
	(c)(i)  a petition containing the signature and acreage of each participating landowner agreeing to establish and operate the CWMU as provided in this rule and Title 23, Chapter 23 of the Wildlife Resources Code; or
	(ii)  a copy of a legal contract or agreement identifying:
	(A)  the private land;
	(B)  the duration of the contract or agreement; and
	(C)  the names and signatures of landowners conveying the hunting rights to the CWMU agent or landowner association operator;
	(d)  a signed waiver from each landowner or lessee holding agricultural interests within the boundaries of the proposed CWMU releasing all claims for any assistance pertaining to those lands that may otherwise be available from the division under R657-44 during the term of the certificate of registration;
	(e)  the name of the designated landowner association operator; and
	(f)  the nonrefundable handling fee.
	(6)  The division may reject any application that is incomplete or completed incorrectly.
	(7)  The division shall consider:
	(a)  the contents of the renewal application;
	(b)  the past performance by a CWMU in fulfilling management responsibilities identified in the CWMU Management Plan;
	(c)  hunter satisfaction ratings; and
	(d)  any violation by CWMU operator, CWMU president, or any landowner association member of Title 23, Wildlife Resources Code, this rule, stipulations contained in the certificate of registration and all other relevant information provided from any source related to participation in the CWMU program.
	(8)  After evaluating a complete renewal application, the division shall:
	(a)  recommend approving renewal of the certificate of registration and forward the permit recommendations to the Regional Advisory Councils and Wildlife Board; or
	(b)  recommend denying the renewal certificate of registration and state the reasons for denial in writing to the applicant; and
	(c)  forward the application, reason for denial and recommendation to the Regional Advisory Councils and Wildlife Board.
	(9)  Upon receiving the division's recommendation as provided in Subsections (7) and (8), the Wildlife Board may consider:
	(a)  the contents of the renewal application;
	(b)  the past performance by a CWMU in fulfilling management responsibilities identified in the CWMU Management Plan;
	(c)  hunter satisfaction ratings;
	(d)  any violation by CWMU operator, CWMU president, or any landowner association member of Title 23, Wildlife Resources Code, this rule, stipulations contained in the certificate of registration and all other relevant information provided from any source related to the applicant's participation in the CWMU program;
	(e)  any probationary status or recommendation provided by the CWMU Advisory Committee if the landowner association has been referred to the CWMU Advisory Committee during the term of the certificate of registration; and
	(f)  the recommendations of the division and Regional Advisory Councils.
	(10)  A certificate of registration approved for renewal is authorized for three years and shall expire on January 31, providing the certificate of registration is not revoked, suspended, or terminated prior to the expiration date.

R657-37-7.  Operation by Landowner Association.
	(1)(a)  A CWMU must be operated by a landowner association who is represented by a president or a landowner association operator.
	(b)  A landowner association president or landowner association operator may appoint CWMU agents to protect private property within the CWMU; however, the landowner association president, or landowner association operator must assume ultimate responsibility for the operation of the CWMU.
	(2)(a)  A landowner association president or landowner association operator may enter into reciprocal agreements with other landowner association presidents or landowner association operators to allow hunters who have obtained a CWMU permit to hunt within each other's CWMUs as provided in Subsections R657-37-4(3)(a)(xii).
	(b)  Reciprocal hunting agreements may be approved only to:
	(i)  raise funds to address joint habitat improvement projects;
	(ii)  address emergency situations limiting hunting opportunity on a CWMU;
	(iii)  raise funds to aid in essential management practices for the benefit of CWMU species, including obtaining age or species population data as recommended by regional division personnel and approved by the division's wildlife section chief; or
	(iv) be used with unused vouchers as provided in R657-37-9(12)(a).
	(c)  If a person is authorized to hunt in one or more CWMUs as provided in Subsection (a), written permission from the landowner association member or landowner association operator and written authorization from the division must be in the person's possession while hunting.
	(d)  The division may identify an individual to administer and coordinate reciprocal agreements and all expenditure of funds generated therefrom.
	(e)  The division must provide written approval prior to any expenditure of funds generated from reciprocal agreement permits.
	(f)  The administrator of the reciprocal agreement program must provide an annual accounting of proceeds generated from reciprocal agreement permits and how those funds were spent or administered.
	(3)(a)  A landowner association member or landowner association operator must provide general public CWMU permittees a minimum of:
	(i)  five days to hunt with buck, bull or turkey permits; and
	(ii)  three days to hunt with antlerless permits.
	(b)  Sunday hunt days may not be included in minimum hunt days except by mutual agreement of the permittee and the operator.
	(c)  General public CWMU permittees shall be allowed to hunt the entire CWMU during their established season dates, unless areas are deemed closed to both public and private hunters and described in the CWMU Management Plan as closed.
	(d)  A person who has obtained a CWMU permit may hunt only in the CWMU for which the permit is issued, except as provided under Subsection (2).
	(4)(a)  Each landowner association member or landowner association operator must:
	(i)  clearly post all boundaries of the CWMU at all corners, fishing streams crossing property lines, road, gates, and rights-of-way entering the land with signs that are a minimum of 8 1/2 by 11 inches on a bright yellow background with black lettering, and that contain the language provided in Subsection (b); and
	(ii)  if a CWMU uses public land for the purpose of making a definable boundary for the CWMU then that boundary shall be posted every three hundred yards.
	(b)  Only persons with a valid CWMU permit for the CWMU may hunt moose, deer, elk, pronghorn or turkey within the boundaries of the CWMU.
	(c)  The general public may use accessible public land portions of the CWMU for all legal purposes, other than hunting big game or turkey for which the CWMU is authorized.
	(5)  A landowner association member or landowner association operator must provide a written copy of its guidelines used to regulate a permit holder's conduct as a guest on the CWMU to each permit holder.
	(6)(a)  A CWMU and the division shall cooperatively address the needs of landowners who are negatively impacted by big game animals or turkeys associated with the CWMU.
	(b)  The CWMU and the division shall cooperatively seek methods to prevent or mitigate agricultural depredation caused by big game animals or turkeys associated with the CWMU.
	(7)  A landowner association member may not harass or haze wildlife in an effort to retain animals on the CWMU or herd animals onto the CWMU unless:
	(a)  the division determines that such actions are necessary to mitigate agricultural damage on neighboring lands;
	(b)  the CWMU is fulfilling their obligations described in their CWMU Management Plan regarding agricultural damage to neighboring landowners; and
	(c)  the division provides prior written authorization approving the actions of the CMWU.

R657-37-8.  Cooperative Wildlife Management Unit Agents.
	(1)  A landowner association member may appoint a CWMU agent to monitor access and protect the private property of the CWMU.
	(2)  Each CWMU agent must wear or have in possession a form of identification prescribed by the Wildlife Board which indicates the agent is a CWMU agent.
	(3)  A CWMU agent may refuse entry to or remove from a CWMU any person who:
	(a)  does not possess a valid CWMU permit;
	(b)  endangers or has endangered human safety;
	(c)  damages or has damaged property within a CWMU;
	(d)  fails or has failed to comply with reasonable rules of a landowner association; or
	(e)  does not have the legal right to be on lands within a CWMU.
	(4)  A CWMU agent may not refuse entry to the general public onto any public land within the boundaries of a CWMU that is otherwise accessible to the public for purposes other than hunting big game or turkey for which the CWMU is authorized.
	(5)  In performing the functions described in this section, a CWMU agent must comply with the relevant laws of this state.

R657-37-9.  Permit Allocation.
	(1)  The division shall issue CWMU permits for hunting big game or turkey to permittees:
	(a)  qualifying through a drawing conducted for the general public as defined in Subsection R657-37-2(2)(c); or
	(b)  named by the landowner association member or landowner association operator.
	(2)  CWMU landowner association members and their spouses and dependent children cannot apply for CWMU permits specific to their CWMU that are offered in the public drawing.
	(3)  A landowner association member or landowner association operator shall be issued vouchers that may be used to purchase hunting permits from division offices.
	(4)(a)  The division and the landowner association operator must, in accordance with Subsection (4), determine:
	(i)  the total number of permits to be issued for the CWMU; and
	(ii)  the number of permits that may be offered by the landowner association to the general public as defined in Subsection R657-37-2(2)(c).
	(b)  In determining the total number of permits allocated under Subsection (4)(a), the division will consider:
	(i)  acreage and habitat conditions on the CWMU;
	(ii)  management objectives of the CWMU and surrounding wildlife management units;
	(iii)  classification and survey data;
	(iv)  depredation and nuisance conflicts; and
	(v)  other factors that may influence hunt quality and the division's ability to meet wildlife management objectives.
	(c)  A CWMU may only offer a management buck permit for a public hunter if that CWMU lies entirely within a wildlife management unit that also offers management buck hunts.
	(5)  The Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportion of public lands to private lands within the CWMU.
	(6)(a)  Big game permits may be allocated using an option from:
	(i)  table one for moose and pronghorn; or
	(ii)  table two for elk and deer.
	(b)(i)  Over the term of the certificate of registration, and at all times during the its term, at least 40% of the total permits for bull moose and at least 60% of the antlerless moose permits will be allocated to the public and distributed via the public drawing.
	(ii)  Notwithstanding subsection (b)(i) above and Tables 1 and 2, if the proportion of permits allocated to the public over consecutive certificate of registration terms substantially deviates from that identified in subsection (b)(i), the Wildlife Board may approve a modified permit distribution scheme that fairly allocates public and private permits.
	(c)  At least one buck or bull permit or at least 10% of the bucks or bulls permits, whichever is greater, must be made available to the general public through the big game drawing process.
	(d)  Permits shall not be issued for spike bull elk.
	(e)  Turkey permits shall be allocated in a ratio of fifty percent to the CWMU and fifty percent to the general public, with the public receiving the extra permit when there is an odd number of total permits.

	TABLE 1

     MOOSE AND PRONGHORN
     Cooperative Wildlife Management Unit's Share
       Option           Bucks/Bulls   Does/Antlerless

         1                 60%              40%

     Public's Share
        Option          Bucks/Bulls   Does/Antlerless

          1                40%              60%
	
	TABLE 2

     ELK AND DEER
     Cooperative Wildlife Management Unit's Share
        Option          Bucks/Bulls         Antlerless
          1                90%               0%
          2                85%              25%
          3                80%              40%
          4                75%              50%

     Public's Share
        Option         Bucks/Bulls          Antlerless
          1               10%               100%
          2               15%                75%
          3               20%                60%
          4               25%                50%
	
	(7)(a)  The landowner association member or landowner association operator must meet antlerless harvest objectives established in the CWMU management plan under subsection R657-37-4(3)(a)(ii).
	(b)  Failure to meet antlerless harvest objectives based on a three-year average may result in discipline under section R657-37-14.
	(8)  A landowner association member or landowner association operator must provide access free of charge to any person who has received a CWMU permit through the general public big game or turkey drawings, except as provided in Section 23-23-11.
	(9)  If the division and the landowner association member disagree on the number of permits to be issued, the number of permits allocated, or the method of take, the Wildlife Board shall make the determination based on the biological needs of the big game or turkey populations, including available forage, depredation, and other mitigating factors.
	(10)  A CWMU permit entitles the holder to hunt the species and sex of big game or turkey specified on the permit and only in accordance with the certificate of registration and the rules and proclamations of the Wildlife Board.
	(11)  Vouchers for antlerless permits may be designated by a landowner association member to any eligible person as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game, and Rule R657-42.
	(12)(a)  If a landowner association has a CWMU voucher that is not redeemed during the previous year, a landowner association may donate that voucher to a 501(c)(3) tax exempt organization, provided the following conditions are satisfied:
	(i)  The voucher donation is approved by the director prior to transfer;
	(ii)  No more than one voucher is donated per year by a landowner association;
	(iii)  The voucher is donated for a charitable cause, and the landowner association does not receive compensation or consideration of any kind other than tax benefit; and
	(iv)  The recipient of the voucher is identified prior to obtaining the director's approval for the donation.
	(b)  A CWMU voucher approved for donation under this section may be extended no more than one year.
	(c)  The division must be notified in writing and the donation completed before August 1st the year the CWMU voucher is to be redeemed.
	(d)  vouchers may be used in reciprocal hunting agreements described in accordance with R657-7-(2)(b).
	(13)(a)  A complete list of the current CWMUs, and number of big game or turkey permits available for public drawing shall be published in the respective proclamations of the Wildlife Board for taking big game or turkey.
	(b)  The division reserves the exclusive right to list approved CWMUs in the proclamations of the Wildlife Board for taking big game or turkey.  The division may unilaterally decline to list a CWMU in the proclamation where the unit is under investigation for wildlife violations, a portion of the property comprising the CWMU is transferred to a new owner, or any other condition or circumstance that calls into question the CWMUs ability or willingness to allow a meaningful hunting opportunity to all the public permit holders that would otherwise draw out on the public permits.

R657-37-10.  Permit Cost.
	The fee for permits allocated to any CWMU is the same as the applicable:
	(a)  limited entry permit fee for elk and pronghorn;
	(b)  general season, limited entry or premium limited entry permit fee for deer or turkey; and
	(c)  once-in-a-lifetime permit fee for moose.

R657-37-11.  Possession of Permits and License by Hunters - Restrictions.
	(1)  A person may not hunt in a CWMU without having in his possession:
	(a)  a valid CWMU permit; and
	(b)  the necessary hunting licenses, permits and tags.
	(2)  A CWMU permit:
	(a)  entitles the holder to hunt only on the CWMU specified on the permit pursuant to the rules of the Wildlife Board and does not entitle the holder to hunt on any other public or private land, except as provided under Subsection R657-37-7(2)(a); and
	(b)  constitutes written permission for trespass as required under Section 23-20-14.
	(3)  Prior to hunting on a CWMU each permittee must:
	(a)  contact the relevant landowner association member or landowner association operator and request the CWMU rules and requirements; and
	(b)  make arrangements with the landowner association member or landowner association operator for the hunt.

R657-37-12.  Season Lengths.
	(1)  A landowner association member or landowner association operator may arrange for permittees to hunt on the CWMU during the following dates:
	(a)  an archery buck deer season may be established beginning with the opening of the general archery deer season through August 31 and during the sixty-one consecutive day buck deer season;
	(b)  an archery bull elk season may be established beginning with the opening of the general archery elk season through October 31 and during a bull elk season variance;
	(c)  an archery buck pronghorn season may be established beginning with the opening of the statewide limited entry archery buck pronghorn season through October 31;
	(d)  general season bull elk, buck pronghorn, and moose seasons may be established September 1 through October 31, unless a season variance is approved;
	(e)(i)  general buck deer seasons may be established for no longer than sixty-one consecutive days from September 1 through November 10;
	(ii)  a landowner association member or landowner association operator electing to establish buck deer hunting in November must:
	(A)  meet the CWMU management plan objectives;
	(B)  not exceed average hunter density exhibited on the surrounding deer wildlife management units;
	(C)  provide positive hunter satisfaction; and
	(D)  maintain a harvest success rate at least equal to the surrounding deer wildlife management units;
	(E)  designate the CWMU's sixty-one consecutive day season in the application, or if the sixty-one day consecutive season is not designated the season shall begin September 1;
	(F)  allow all public hunters the option to hunt in November;
	(f)  muzzleloader bull elk seasons may be established September 1 through October 31 annually, and during a bull elk season variance;
	(g)  antlerless elk seasons may be established August 1 through January 31;
	(h)  antlerless deer seasons may be established August 1 through December 31;
	(i)  doe pronghorn seasons may be established August 1 through October 31; and
	(j)  turkey seasons may be established the second Saturday in April through May 31.
	(2)(a)  The Wildlife Board may authorize bull elk hunting season variances only if the CWMU landowner association member or landowner association operator clearly demonstrates that November hunting is necessary on the CWMU.
	(b)  If a bull elk hunting season variance is authorized, the public hunters must be provided comparable hunting opportunity as private hunters.
	(3)  Notwithstanding the season length provisions in this section, any season described in Subsection (1) that begins on a Sunday will default to and commence the Saturday before.

R657-37-13.  Rights-of-Way.
	A landowner association member may not restrict established public access to public land enclosed by the CWMU.

R657-37-14.  Violations.
	(1)  The Wildlife Board may refuse to issue, renew, or amend a certificate of registration to an applicant, or may revoke, restrict, place on probation, change permits or allocations or otherwise act upon a certificate of registration where the landowner association member has:
	(a)  violated any provision of this rule, the Wildlife Resources Code, the certificate of registration, or the CWMU Management Plan; or
	(b)  engaged in conduct that results in the conviction of, a plea of no contest to, or a plea held in abeyance to a crime of moral turpitude, or any other crime that when considered with the functions and responsibilities of a CWMU operator bears a reasonable relationship to the operator's or applicant's ability to safely and responsibly operate a CWMU.
	(2)  The procedures and rules governing any adverse action taken by the division or the Wildlife Board against a certificate of registration or an application for certificate of registration are set forth in Rule R657-2.

R657-37-15.  Cooperative Wildlife Management Unit Advisory Committee.
	(1)  A CWMU Advisory Committee shall be created consisting of eight members nominated by the director and approved by the Wildlife Board.
	(2)  The committee shall include:
	(a)  two sportsmen representatives;
	(b)  two CWMU representatives;
	(c)  one agricultural representative;
	(d)  one at-large public representative;
	(e)  one elected official; and
	(f)  one Regional Advisory Council chairperson or Regional Advisory Council member.
	(3)  The committee shall be chaired by the Wildlife Section Chief, who shall be a non-voting member.
	(4)  The committee shall:
	(a)  hear complaints dealing with fair and equitable treatment of hunters on CWMUs;
	(b)  review the operation of the CWMU program;
	(c)  review failure to meet antlerless objectives;
	(d)  hear complaints from adjacent landowners;
	(e)  review changes in acreage totals for CWMUs that are under standard minimum acreage or parcel configuration requirements and evaluate the appropriateness of their continued participation in the program; and
	(f)  make advisory recommendations to the director and Wildlife Board on the matters in Subsections (a), (b), (c), (d), and (e).
	(5)(a)  The committee may, after hearing evidence of complaints or violations, place a CWMU on probation.
	(b)  A CWMU placed upon probationary status must provide the CWMU Advisory Committee a plan of corrective action to address concerns regarding operation of the CWMU, and report annually to the Advisory Committee during the probationary period regarding their progress in addressing such concerns.
	(c)  The CWMU Advisory Committee shall report to the Wildlife Board any CWMU that remains on probation during a certificate of registration renewal process.
	(6)  The Wildlife Section Chief shall determine the agenda, and time and location of the meetings.
	(7)  The director shall set staggered terms of appointment of members such that there is rotating representation and that all committee members' terms shall expire after four years.

KEY:  wildlife, cooperative wildlife management unit
Date of Enactment or Last Substantive Amendment:  July 22, 2019
Notice of Continuation:  April 12, 2018
Authorizing, and Implemented or Interpreted Law:  23-23-3