Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Search]
[Utah Administrative Code Table of Contents]
[Title R657. Table of Contents]
R657-33-1 Purpose and Authority.
(1) Under authority of Sections 23-14-18 and 23-14-19 , of the Utah Code, the Wildlife Board has established this rule for taking and pursuing bear.
(2) Specific dates, areas, number of permits, limits and other administrative details which may change annually are published in the proclamation of the Wildlife Board for taking and pursuing bear.
R657-33-2 Definitions.
(1) Terms used in this rule are defined in Section 23-13-2.
(2) In addition:
(a) "Bait" means any lure containing animal, mineral or plant materials.
(b) "Baiting" means the placing, exposing, depositing, distributing or scattering of bait to lure, attract or entice bear on or over any area.
(c) "Bear" means Ursus americanus, commonly known as black bear.
(d) "Canned hunt" means that a bear is treed, cornered, held at bay or its ability to escape is otherwise restricted for the purpose of allowing a person who was not a member of the initial hunting party to arrive and take the bear.
(e) "Cub" means a bear less than one year of age.
(f) "Evidence of sex" means the sex organs of a bear, including a penis, scrotum or vulva.
(g) "Green pelt" means the untanned hide or skin of a bear.
(h) "Pursue" means to chase, tree, corner or hold a bear at bay.
(i) "Waiting period" means a specified period of time that a person who has obtained a bear permit must wait before applying for any other bear permit.
R657-33-3 Permits for Taking Bear.
(1)(a) To take a bear, a person must first obtain an annual Wildlife Habitat Authorization, and a limited entry bear permit for a specified management unit as provided in the proclamation of the Wildlife Board for taking bear.
(b) To pursue bear, a person must first obtain an annual Wildlife Habitat Authorization, and a bear pursuit permit from a division office.
(2) Any limited entry bear permit purchased after the season opens is not valid until seven days after the date of purchase.
(3) Residents and nonresidents may apply for limited entry bear permits and purchase bear pursuit permits.
R657-33-4 Purchase of License or Permit by Mail.
(1) A person may purchase a Wildlife Habitat Authorization or bear pursuit permit by mail by sending the following information to the Salt Lake division office: full name, complete mailing address, phone number, date of birth, weight, height, sex, color of hair and eyes, driver's license number (if available), proof of hunter education certification and fee.
(2)(a) Personal checks, cashier's check or money orders will be accepted.
(b) Personal checks drawn on an out-of-state will not be accepted.
(c) Checks must be made payable to the Utah Division of Wildlife Resources.
R657-33-5 Hunting Hours.
Bear may be taken or pursued only between one-half hour before official sunrise through one-half hour after official sunset.
R657-33-6 Firearms and Archery Equipment.
(1) A person may use the following to take bear:
(a) any firearm not capable of being fired fully automatic, except a firearm using a rimfire cartridge; and
(b) a bow and arrows, except a crossbow may not be used.
R657-33-7 Traps and Trapping Devices.
(1) Bear may not be taken with a trap, snare or any other trapping device, except as authorized by the division.
(2) Bear accidentally caught in any trapping device must be released unharmed.
(3)(a) Written permission must be obtained from a division representative to remove the carcass of a bear from any trapping device.
(b) The carcass shall remain the property of the state of Utah and must be surrendered to the division.
R657-33-8 State Parks.
(1) Hunting of any wildlife is prohibited within the boundaries of all state park areas except those designated by the Division of Parks and Recreation in Section R651-603-5.
(2) Hunting with a rifle, handgun or muzzleloader in park areas designated open is prohibited within one mile of all area park facilities, including buildings, camp or picnic sites, overlooks, golf courses, boat ramps and developed beaches.
(3) Hunting with shotguns and archery tackle is prohibited within one quarter mile of the above stated areas.
R657-33-9 Prohibited Methods.
(1) Bear may be taken or pursued only during open seasons and using methods prescribed in this rule and the proclamation of the Wildlife Board for taking and pursuing bear. Otherwise, under the Wildlife Resources Code, it is unlawful for any person to possess, capture, kill, injure, drug, rope, trap, snare, or in any way harm or transport bear.
(2) After a bear has been pursued, chased, treed, cornered, legally baited or held at bay, a person may not, in any manner, restrict or hinder the animal's ability to escape.
(3) A person may not engage in a canned hunt.
(4) A person may not take any wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles.
R657-33-10 Spotlighting.
(1) Except as provided in Section 23-13-17 :
(a) a person may not use or cast the rays of any spotlight, headlight or other artificial light to locate protected wildlife while having in possession a firearm or other weapon or device that could be used to take or injure protected wildlife; and
(b) the use of a spotlight or other artificial light in a field, woodland or forest where protected wildlife are generally found is prima facie evidence of attempting to locate protected wildlife.
(2) The provisions of this section do not apply to the use of the headlights of a motor vehicle or other artificial light in a usual manner where there is no attempt or intent to locate protected wildlife.
R657-33-11 Party Hunting.
A person may not take a bear for another person.
R657-33-12 Use of Dogs.
(1) Dogs may be used to take or pursue bear only during open seasons as provided in the proclamation of the Wildlife Board for taking bear.
(2) The owner and handler of dogs used to take or pursue bear must have a valid bear permit or bear pursuit permit in possession while engaged in taking or pursuing bear.
(3) When dogs are used in the pursuit of a bear, the licensed hunter intending to take the bear must be present when the dogs are released and must continuously participate in the hunt thereafter until the hunt is completed.
(4) When dogs are used to take a bear and there is not an open pursuit season, the owner and handler of the dogs must have a valid pursuit permit and be accompanied by a licensed hunter as provided in Subsection (3).
R657-33-13 Certificate of Registration Required for Bear Baiting.
(1) A certificate of registration for baiting must be obtained before establishing a bait station.
(2) Certificates of registration are issued only to holders of valid limited entry bear archery permits.
(3) A certificate of registration may be obtained from the division office within the region where the bait station will be established.
(4) The following information must be provided to obtain a certificate of registration for baiting: township, range, section to the nearest 1/4 section, county, drainage, type of bait used, and written permission from the appropriate landowner for private lands or appropriate land management agency for public lands.
(5)(a) The division recommends that any person interested in baiting on any lands administered by the Forest Service or Bureau of Land Management verify that the lands are open to baiting before applying for a limited entry bear archery permit.
(b) Areas which are open to baiting on National Forests are designated on a map which may be obtained from district offices. Baiting locations and applicable travel restrictions must be verified by the district supervisor prior to applying for a certificate of registration.
(c) Areas generally closed to baiting stations by these federal agencies include:
(i) designated Wilderness Areas;
(ii) heavily used drainages or recreation areas; and
(iii) critical watersheds.
(6) A $5 handling fee must accompany the application.
(7) Only hunters listed on the certificate of registration may hunt over the bait station and the certificate of registration must be in possession while hunting over the bait station.
(8) Any person tending a bait station must be listed on the certificate of registration.
R657-33-14 Use of Bait.
(1)(a) A person who has obtained a limited entry bear archery permit may use archery tackle only, even when hunting bear away from the bait station.
(b) A person may establish or use only one bait station. The bait station may be used during both open seasons.
(c) Bear lured to a bait station may not be taken with any firearm or the use of dogs.
(d) Bait may not be contained in or include any metal, glass, porcelain, plastic, cardboard, or paper.
(e) The bait station must be marked with a sign provided by the division and posted within 10 feet of the bait.
(2)(a) Bait may be placed only in areas open to hunting and only during the open seasons.
(b) All materials used as bait must be removed within 72 hours after the close of the season or within 72 hours after the person or persons, who are registered for that bait station harvest a bear.
(3) A person may use nongame fish as bait, except those listed as prohibited in Rule R657-13 and the proclamation of the Wildlife Board for Taking Fish and Crayfish. No other species of protected wildlife may be used as bait.
(4)(a) Domestic livestock or its parts, including processed meat scraps, may be used as bait.
(b) A person using domestic livestock or their parts for bait must have in possession:
(i) a certificate from a licensed veterinarian certifying that the domestic livestock or their parts does not have a contagious disease, and stating the cause and date of death; and
(ii) a certificate of brand inspection or other proof of ownership or legal possession.
(5) Bait may not be placed within:
(a) 100 yards of water or a public road or designated trail; or
(b) 1/2 mile of any permanent dwelling or campground.
(6) Violations of this rule and the proclamation of the Wildlife Board for taking and pursuing bear concerning baiting on federal lands may be a violation of federal regulations and prosecuted under federal law.
R657-33-15 Tagging Requirements.
(1) The carcass of a bear must be tagged in accordance with Section 23-20-30.
(2) The carcass of a bear must be tagged with a temporary possession tag before the carcass is moved from or the hunter leaves the site of kill.
(3) A person may not hunt or pursue bear after the notches have been removed from the tag or the tag has been detached from the permit.
(4) The temporary possession tag:
(a) must remain attached to the pelt or unskinned carcass until the permanent possession tag is attached; and
(b) is only valid for 48 hours after the date of kill.
(5) A person may not possess a bear pelt or unskinned carcass without a valid permanent possession tag affixed to the pelt or unskinned carcass. This provision does not apply to a person in possession of a properly tagged carcass or pelt within 48 hours after the kill, provided the person was issued and is in possession of a valid permit.
R657-33-16 Evidence of Sex and Age.
(1) Evidence of sex must remain attached to the carcass or pelt of each bear until a permanent tag has been attached by the division.
(2) The pelt and skull must be presented to the division in an unfrozen condition to allow the division to gather management data.
(3) The division may seize any pelt not accompanied by its skull.
R657-33-17 Permanent Tag.
(1) Each bear must be taken by the permit holder to a conservation officer or division office within 48 hours after the date of kill to have a permanent possession tag affixed to the pelt or unskinned carcass.
(2) A person may not possess a green pelt after the 48-hour check-in period, ship a green pelt out of Utah, or present a green pelt to a taxidermist if the green pelt does not have a permanent possession tag attached.
R657-33-18 Transporting Bear.
Bear that have been legally taken may be transported by the permit holder provided the bear is properly tagged and the permittee possesses a valid permit.
R657-33-19 Exporting Bear from Utah.
(1) A person may export a legally taken bear or its parts if that person has a valid license and permit and the bear is properly tagged with a permanent possession tag.
(2) A person may not ship or cause to be shipped from Utah, a bear pelt without first obtaining a shipping permit issued by an authorized division representative.
R657-33-20 Donating.
(1) A person may donate protected wildlife or their parts to another person in accordance with Section 23-20-9.
(2) A written statement of donation must be kept with the protected wildlife or parts showing:
(a) the number and species of protected wildlife or parts donated;
(b) the date of donation;
(c) the license or permit number of the donor and the permanent possession tag number; and
(d) the signature of the donor.
(3) A green pelt of any bear donated to another person must have a permanent possession tag affixed.
(4) The written statement of donation must be retained with the pelt.
R657-33-21 Purchasing or Selling.
(1) Legally obtained tanned bear hides may be purchased or sold.
(2) A person may not purchase, sell, offer for sale or barter a gall bladder, tooth, claw, paw or skull of any bear.
R657-33-22 Waste of Wildlife.
(1) A person may not waste or permit to be wasted or spoiled any protected wildlife or their parts in accordance with Section 23-20-8.
(2) The skinned carcass of a bear may be left in the field and does not constitute waste of wildlife, however, the division recommends that hunters remove the carcass from the field.
R657-33-23 Livestock Depredation.
(1) If a bear is harassing, chasing, disturbing, harming, attacking or killing livestock, or has committed such an act within the past 72 hours:
(a) in depredation cases, the livestock owner, an immediate family member or an employee of the owner on a regular payroll, and not hired specifically to take bear, may kill the bear;
(b) a landowner or livestock owner may notify the division of the depredation or human health and safety concerns, which shall authorize a local hunter to take the offending bear or notify a Wildlife Services specialist, supervised by the USDA Wildlife Program; or
(c) the livestock owner may notify a Wildlife Services specialist of the depredation who may take the depredating bear.
(2) Depredating bear may be taken at any time by a Wildlife Services specialist while acting in the performance of the person's assigned duties and in accordance with procedures approved by the division.
(3) A depredating bear may be taken with any weapon authorized for taking bear.
(4)(a) Any bear taken pursuant to this section must be delivered to a division office or employee within 72 hours.
(b) A bear that is killed in accordance with Subsection (1)(a) shall remain the property of the state, except the division may sell a bear damage permit to a person who has killed a depredating bear if that person wishes to maintain possession of the bear.
(c) A person may acquire only one bear annually.
(5)(a) Hunters interested in taking depredating bear as provided in Subsection (1)(b) may contact the division.
(b) Hunters will be contacted by the division to take depredating bear as needed.
R657-33-24 Questionnaire.
Each permittee who receives a questionnaire should return the questionnaire to the division regardless of success. Returning the questionnaire helps the division evaluate population trends, harvest success and other valuable information.
R657-33-25 Taking Furbearers.
(1) Furbearers, including badger, beaver, black-footed ferret, bobcat, fisher, red fox, gray fox, kit fox, lynx, marten, mink, otter, ringtail, skunk, weasel, wolf and wolverine may be taken only in accordance with the Furbearer Proclamation.
(2) A person may not disturb, remove or possess a trap, trapping device or any wildlife held in a trap without first obtaining written permission from the trap owner.
R657-33-26 Taking Bear.
(1) A person may take only one bear during the season and from the limited entry area specified on the permit.
(2)(a) A person may not take or pursue a female bear with cubs.
(b) Any bear, except a cub or a sow accompanied by cubs, may be taken during the prescribed seasons.
(3) Limited entry permits may be obtained by following the application procedures provided in this rule and the proclamation of the Wildlife Board for taking and pursuing bear.
(4) Season dates, closed areas and limited entry permit areas are published in the proclamation of the Wildlife Board for taking and pursuing bear.
R657-33-27 Bear Pursuit.
(1) Bear may be pursued only by persons who have obtained a bear pursuit permit. The bear pursuit permit does not allow a person to kill a bear.
(2) Pursuit permits may be obtained at Division offices.
(3) A person may not:
(a) take or pursue a female bear with cubs;
(b) repeatedly pursue, chase, tree, corner or hold at bay the same bear during the same day; or
(c) possess a firearm or any device that could be used to kill a bear while pursuing bear.
(4) If eligible, a person who has obtained a bear pursuit permit may also obtain a limited entry bear permit.
(5) When dogs are used to take a bear and there is not an open pursuit season, the owner and handler of the dogs must have a valid pursuit permit and be accompanied by a licensed hunter as provided in Section R657-33-12(3).
(6) Season dates, closed areas and bear pursuit permit areas are published in the proclamation of the Wildlife Board for taking and pursuing bear.
R657-33-28 General Application Information.
(1) A person must apply for or obtain an annual wildlife habitat authorization before the division may issue a bear permit.
(2) A person may not apply for or obtain more than one bear permit for the same year, except as provided in Subsection R657-33-27(3).
(3) A person must be 12 years of age or older by the posting date of the drawing to apply for a bear permit.
(4) Limited entry bear permits are valid only for the management unit and for the specified season designated on the permit.
R657-33-29 Waiting Period.
(1) Any person who purchases a permit valid for the current season, may not apply for a permit for a period of two years.
(2) Any person who draws a permit for the current season, may not apply for a permit for a period of two years.
R657-33-30 Application Procedure.
(1) Applications are available from license agents and division offices.
(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 bear permits. Management unit choices must be listed in order of preference.
(c) Applicants must specify on the application whether they want a limited entry bear permit or a limited entry bear archery permit.
(i) The application may be rejected if the applicant does not specify either a limited entry bear permit or limited entry bear archery permit.
(ii) Any person obtaining a limited entry bear archery permit must also obtain a certificate of registration if intending to use bait as provided in Section R657-33-14.
(3) A wildlife habitat authorization may be purchased before applying, or the wildlife habitat authorization will be issued to the applicant upon successfully drawing a permit.
(b) The wildlife habitat authorization number or fee must be submitted with the application.
(4)(a) Applications must be mailed by the date prescribed in the proclamation of the Wildlife Board for taking and pursing bear. Applications filled out incorrectly or received later than the date prescribed in the bear proclamation may be rejected. Late applications will be returned unopened.
(b) If an error is found on an application, the applicant may be contacted for correction.
(5)(a) Late applications 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 preprinted applications;
(ii) notification by mail of late application and other draw opportunities; and
(iii) re-evaluation of division or third-party errors.
(b) The $5 handling fee will be used to process the late application. Any permit fees submitted with the application will be refunded.
(6) 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 permission before applying. The division does not guarantee access and does not have the names of landowners where hunts occur.
(7) 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 R657-33-32(6)(b).
(8) To apply for a resident permit, a person must establish residency at the time of purchase.
(9) The posting date of the drawing shall be considered the purchase date of a permit.
R657-33-31 Fees.
(1) Each application must include:
(a) the permit fee, which includes the nonrefundable handling fee; and
(b) the wildlife habitat authorization fee, if it has not yet been purchased.
(2)(a) Personal checks, money orders, cashier's checks and credit cards will be accepted.
(b) Personal checks drawn on an out-of-state account will not be accepted.
(c) All payments must be made payable to the Utah Division of Wildlife Resources.
(3)(a) Credit cards must be valid at least 30 days after the drawing results are posted.
(b) Handling fees are charged to the credit card when the application is processed. Permit fees are charged after the drawing, if successful.
(4)(a) An application is voidable if the check is returned unpaid from the bank or the credit card is invalid or refused.
(b) The division shall charge a returned check collection fee for any check returned unpaid.
(5) A license or permit received by a person shall be deemed invalid if payment for that license or permit is not received, or a check is returned unpaid from the bank, or the credit card is invalid or refused.
R657-33-32 Drawings and Remaining Permits.
(1) Drawing results will be posted at the Lee Kay Center, Cache Valley Hunter Education Center, division offices and on the division Internet address on the date published in the proclamation of the Wildlife Board for taking and pursuing bear.
(2) A list of remaining permits will be available on the date published in the proclamation of the Wildlife Board for taking and pursuing bear.
(3) Permits remaining after the initial drawing are sold only by mail beginning and ending on the dates provided in the proclamation of the Wildlife Board for taking and pursuing bear.
(4) Applications are available from division offices and license agents.
(5) The same application form used for the initial drawing must be used when applying for remaining permits by mail. The handling fees are nonrefundable.
(6)(a) Permits remaining after both drawings will be sold over-the-counter, in person or through the mail on a first-come, first-served basis only from the Salt Lake division office on the date published in the proclamation of the Wildlife Board for taking and pursuing bear.
(b) Residents or nonresidents may purchase any of the remaining permits.
(7) Waiting periods do not apply to the purchase of remaining permits. However, waiting periods are incurred as a result of purchasing remaining permits.
(8)(a) A person may withdraw their application for the bear drawing by requesting such in writing by the date published in the proclamation of the Wildlife Board for taking and pursuing bear.
(b) The applicant must send their notarized signature with a statement requesting that their application be withdrawn to the Salt Lake Division office.
(c) A person may not amend a withdrawn application, nor reapply after the application has been withdrawn.
(d) Handling fees will not be refunded.
R657-33-33 Bonus Points.
(1) A bonus point is awarded for a valid unsuccessful application in the drawing.
(2) Bonus points are forfeited if the person obtains a permit, including any permit obtained after the drawing.
(3) Bonus points are not transferable.
(4) Bonus points are tracked by using the applicant's social security number or division-issued hunter identification number.
R657-33-34 Refunds.
(1)(a) Unsuccessful applicants, who applied in the initial drawing and who applied with a check or money order, will receive a refund in July.
(b) Unsuccessful applicants, who applied for remaining permits and who applied with a check or money order, will receive a refund in August.
(2) Unsuccessful applicants, who applied with a credit card, will not be charged for a permit.
(3) The handling fees are nonrefundable.
R657-33-35 Duplicate License, Wildlife Habitat Authorization and Permit.
Whenever any unexpired license, wildlife habitat authorization, permit, tag or certificate of registration is destroyed, lost or stolen, a person may obtain a duplicate from a division office, for five dollars or half of the price of the original license, wildlife habitat authorization or permit, whichever is less.
[Indexing] KEY: wildlife, bear*, 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.]
23-14-18
23-14-19
23-13-2
Notice of Continuation March 24, 1998
