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[Utah Administrative Code Table of Contents]
[Title R657. Table of Contents]
R657-19-1 Purpose and Authority.
(1) Under authority of Sections 23-13-3 , 23-14-18 and 23-14-19 , this rule provides the standards and requirements for taking and possessing nongame mammals.
(2) A person taking any live nongame mammal for a personal, scientific, educational, or commercial use must comply with R657-3 Collection, Importation, Transportation and Subsequent Possession of Zoological Animals.
R657-19-2 Definitions.
(1) Terms used in this rule are defined in Section 23-13-2.
(2) In addition:
(a) "Noncontrolled species" means a species or subspecies of zoological animal that poses a minimal threat of disease or ecological, environmental, or human health or safety risk.
(b) "Nongame mammal" means:
(i) any species of bats;
(ii) any species of mice, rats, or voles of the families Heteromyidae, Cricetidae, or Zapodidae;
(iii) opossum of the family Didelphidae;
(iv) pikas of the family Ochotonidae;
(v) porcupine of the family Erethizontidae ;
(vi) shrews of the family Soricidae; and
(vii) squirrels, prairie dogs, and marmots of the family Sciuridae.
R657-19-3 General Provisions.
(1) A person may not purchase or sell any nongame mammal or it's parts.
(2) A certificate of registration must be obtained prior to taking any species designated in Subsection R657-19-4 as prohibited or any species listed in Rule R657-3-24 as prohibited or controlled.
(3) Section 23-20-8 does not apply to the taking of noncontrolled species covered under this rule.
R657-19-4 Controlled Species.
(1) A certificate of registration is required to take any of the following species of nongame mammals:
(a) bats of any species; and
(b) pika - Ochotona princeps.
(2) A certificate of registration is required to take any shrew - Soricidae, all species.
(3) A certificate of registration is required to take a Utah prairie dog, Cynomys parvidens, in Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete, Sevier, Washington, and Wayne counties.
(4) A certificate of registration is required to take any of the following species of nongame mammals in Washington County:
(a) cactus mouse - Peromyscus eremicus;
(b) kangaroo rats - Dipodomys, all species;
(c) Southern grasshopper mouse - Onychomys torridus; and
(d) Virgin River montane vole - Microtus montanus rivularis, which occurs along stream-side riparian corridors of the Virgin River.
(5) A certificate of registration is required to take any of the following species of nongame mammals in San Juan and Grand counties:
(a) Abert squirrel - Sciurus aberti;
(b) Northern rock mouse - Peromyscus nasutus; and
(c) spotted ground squirrel - Spermophilus spilosoma.
(6) A certificate of registration is not required to take any of the following species of nongame mammals:
(a) White-tailed prairie dog, Cynomys leucurus; and
(b) Gunnison prairie dog, Cynomys gunnisoni.
R657-19-5 Noncontrolled Species.
All nongame mammal species not designated as controlled species in R657-19-4, are designated as noncontrolled species and may be taken as follows:
(1) A license is not required to take any species of nongame mammals designated as noncontrolled;
(2) Species of nongame mammals designated as noncontrolled may be taken year-round, 24-hours-a-day.
(3) There are no bag or possession limits for species of nongame mammals designated as noncontrolled.
R657-19-6 Utah Prairie Dog Provisions.
(1)(a) A person may not take a Utah Prairie dog, Cynomys parvidens, without first obtaining a certificate of registration.
(b) A certificate of registration for taking Utah prairie dogs may be issued as provided in Subsection (i) or Subsection (ii), if the taking will not further endanger the existence of the species:
(i) in cases where Utah Prairie dogs are causing damage to agricultural lands as provided in the rules of the U.S. Fish and Wildlife Service; or
(ii) as provided in a valid Incidental Take permit issued by the U.S. Fish and Wildlife Service under an approved Habitat Conservation Plan.
(c) A person may apply for a certificate of registration at the division's southern regional office, 1470 North Airport Road, Suite 1, Cedar City, Utah 84720.
(d) After review of the application, a certificate of registration may be issued.
(2)(a) A person may take Utah prairie dogs with a firearm during daylight hours or by trapping as specified on the certificate of registration.
(b) A person may not use any chemical toxicant to take Utah prairie dogs.
(c) In addition to the requirements of this rule, any person taking Utah prairie dogs must comply with local ordinances and laws.
R657-19-7 Areas Open to Taking Utah Prairie Dogs -- Dates Open --Limits on Number of Utah Prairie Dogs Taken.
(1) A person who obtains a valid certificate of registration may take Utah prairie dogs only on private lands within the following counties:
(a) Beaver;
(b) Garfield;
(c) Iron;
(d) Kane;
(e) Millard;
(f) Piute;
(g) Sanpete;
(h) Sevier;
(i) Washington; and
(j) Wayne.
(2) Taking of a Utah prairie dog on any land or by any method, other than as provided in the valid certificate of registration, including any public land, is a violation of state and federal law.
(3) A landowner, lessee, or employee on a regular payroll and not hired specifically to take Utah prairie dogs, and who is specifically named on a valid certificate of registration, may remove Utah prairie dogs, as provided in the certificate of registration.
(4) The taking of any Utah prairie dog outside the areas provided in this section is prohibited, except by division employees while acting in the performance of their assigned duties.
(5) The taking of Utah prairie dogs is limited to the dates designated on the certificate of registration. All dates are confined to June 1 through December 31.
(6)(a) A person may take only the total number of Utah prairie dogs designated in the certificate of registration.
(b) The total range-wide take of Utah prairie dogs causing agricultural damage is limited to no more than 6,000 Utah prairie dogs annually.
(c) If the division determines that taking Utah prairie dogs has an adverse effect on conservation of the species, taking shall be further restricted or prohibited.
R657-19-8 Monthly Reports of Take of Utah Prairie Dogs.
The following information must be reported to the division's southern regional office, 1470 North Airport Road, Suite 1, Cedar City, Utah 84720, every 30 days:
(1) the name and address of the certificate of registration holder;
(2) the person's certificate of registration number; and
(3) the location, method of take, and method of disposal of each Utah prairie dog taken during the 30-day period.
R657-19-9 Unlawful Possession of Utah Prairie Dogs.
A person may not possess a Utah prairie dog or its parts, without first obtaining a valid certificate of registration and a federal permit.
R657-19-10 White-tailed and Gunnison Prairie Dogs.
(1)(a) A license or certificate of registration is not required to take either white-tailed or Gunnison prairie dogs.
(b) There are no bag limits for white-tailed or Gunnison prairie dogs for which there is an open season.
(2) White-tailed prairie dogs, Cynomys leucurus, may be taken:
(a) in the following counties at any time:
(i) Carbon County;
(ii) Daggett County;
(iii) Duchesne County;
(iv) Emery County;
(v) Summit County;
(vi) Uintah County, except in the closed area as provided in Subsection (2)(b)(i); and
(vii) all areas west and north of the Colorado River in Grand and San Juan counties.
(b) White-tailed prairie dogs, Cynomys leucurus, may not be taken in the following closed area in order to protect the reintroduced population of black-footed ferrets, Mustela nigripes:
(i) Boundary begins at the Utah/Colorado state line and Uintah County Road 403, also known as Stanton Road, northeast of Bonanza; southwest along this road to SR 45 at Bonanza; north along this highway to Uintah County Road 328, also known as Old Bonanza Highway; north along this road to Raven Ridge, just south of US 40; southeast along Raven Ridge to the Utah/Colorado state line; south along this state line to point of beginning.
(3)(a) The taking of Gunnison prairie dogs, Cynomys gunnisoni, is prohibited in all areas south and east of the Colorado River, and north of the Navajo Nation in Grand and San Juan counties from April 1 through June 15.
(b) Gunnison prairie dogs may be taken in the area provided in Subsection (3)(a) from June 16 through March 31.
(c) Gunnison prairie dogs causing agricultural damage or creating a nuisance on private land may be taken at any time, including during the closed season from April 1 through June 15.
R657-19-11 Violation.
(1) Any violation of this rule is a Class C misdemeanor as provided in Section 23-13-11 (2).
(2) In addition to this rule any animal designated as a threatened or endangered species is governed by the Endangered Species Act and the unlawful taking of these species may also be a violation of federal law and rules promulgated thereunder.
[Indexing] KEY: wildlife, game laws May 17, 2000
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
23-13-3
23-14-18
23-14-19
Notice of Continuation March 30, 2000
