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[Utah Administrative Code Table of Contents]
[Title R657. Table of Contents]
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.
(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 within a Cooperative Wildlife Management Unit;
(d) create satisfying hunting opportunities; and
(e) provide adequate protection to landowners who open their lands for hunting.
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 or landowner association operator to protect private property within the CWMU.
(c) "General public" means all persons except landowner association members, landowner association operators and their spouse or dependant children.
(d) "Landowner association member" means a landowner or an organization of owners of private land who sign the CWMU application form.
(e) "Landowner association operator" means a person designated by a landowner association member to operate the CWMU.
(f) "Voucher" means a document issued by the division to a landowner association member or landowner association operator, allowing a landowner association member or landowner association operator, to designate who may purchase a CWMU big game hunting permit from a division office.
R657-37-3 Requirements for the Establishment of a Cooperative Wildlife Management Unit.
(1)(a) The minimum allowable acreage for a CWMU is 10,000 contiguous acres, except as provided in Subsection (2).
(b) The land comprising Domesticated Elk Facilities and Domesticated Elk Hunting Parks, as defined in Section 4-39-102 (2) and Rules R58-18 and R58-20, shall not be included as part of any big game CWMU.
(2)(a) The Wildlife Board may renew a CWMU that is less than 10,000 acres provided the CWMU legally possessed a 1999 CWMU Certificate of Registration, allowing for acreage less than 10,000 contiguous acres or allowing noncontiguous land parcels; or
(b) the Wildlife Board may approve a new CWMU for deer or pronghorn that is at least 5,000 contiguous acres provided:
(i) the property is capable of independently maintaining the presence of the respective big game species and harboring them during the period of big game hunting;
(ii) the property is capable of accommodating the anticipated number of hunters and providing a reasonable hunting opportunity;
(iii) the property exhibits enforceable boundaries clearly identifiable to both the public and private hunters; and
(iv) the CWMU contributes to meeting division wildlife management objectives.
(3)(a) Cooperative Wildlife Management Units organized for hunting big game, shall consist of private land to the extent practicable.
(b) The Wildlife Board may approve a CWMU containing public land only if:
(i) the public land is completely surrounded by private land or is otherwise inaccessible to the general public;
(ii) the public land is necessary to establish an enforceable boundary clearly identifiable to both the general public and public and private permit holders; or
(iii) the public land is necessary to achieve statewide and unit management objectives.
(c) If any public land is included within a CWMU, the landowner association member shall meet applicable federal and state land use requirements on the public land.
(d) The Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportional habitat on public land to private land within the CWMU.
R657-37-4 Cooperative Wildlife Management Unit Management Plan.
(1) The landowner association member shall manage the CWMU in compliance with a CWMU Management Plan consistent with statewide and unit management objectives for the respective big game unit and approved by the Wildlife Board.
(2)(a) The CWMU Management Plan may be approved by the Wildlife Board for a period of five years, expiring on January 31 at the end of the five-year period.
(b) The CWMU Management Plan must be amended when the management plan or land ownership changes.
(c) The CWMU Management Plan may be amended as requested by the Wildlife Board, the division or the CWMU landowner association member or operator.
(3)(a) The CWMU Management Plan must include:
(i) big game management objectives for the CWMU that are consistent with statewide and unit management objectives for the respective big game unit, including population management and antlerless harvest;
(ii) procedures for obtaining age and harvest data;
(iii) an 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 and Rule R657-37-7(3)(a);
(iv) private and public permit ratio;
(v) rationale and purpose for including public land within the CWMU boundaries, if public land is included;
(vi) rules and guidelines used to regulate a permit holder's conduct as a guest on the CWMU;
(vii) rules and guidelines defining the CWMU landowner association member, landowner association operator or CWMU agent responsibilities;
(viii) County Recorder Plat Maps, dated by receipt of purchase within 30 days of the initial or renewal application deadline for a certificate of registration, depicting boundaries and ownership for all property within the CWMU;
(ix) two original 1:100,000 USGS maps, which shall be filed in the appropriate regional office and the Salt Lake office, depicting all interior and exterior boundaries of the proposed CWMU; and
(x) strategies and methods that avoid adverse impacts to adjacent landowners resulting from the operation of the CWMU.
(b) The division shall, upon the applicant's request, provide assistance in preparing the CWMU Management Plan.
R657-37-5 Application for Certificate of Registration.
(1) An application for a CWMU Certificate of Registration must be completed and returned to the division regional office where the proposed CWMU is located no later than August 1.
(2) The application must be accompanied by:
(a) the CWMU Management Plan as described in R657-37-4(3), including all maps;
(b) 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;
(c) the name of the designated landowner association operator; and
(d) a $5 nonrefundable handling fee.
(3) The division may reject any application that is incomplete or completed incorrectly.
(4) The division shall forward the complete and correct application and required documentation to the Wildlife Board for consideration.
(5) Upon receiving the application, required documentation, appropriate fee and recommendation from the division, the Wildlife Board may:
(a) authorize the issuance of a certificate of registration, for one year, allowing the landowner association member to operate a CWMU; or
(b) deny the application and provide the landowner association member with reasons for the decision.
(6)(a) A landowner association member or landowner association operator issued a certificate of registration must request an amendment to the original certificate of registration as provided in Subsection (b) or through the renewal process described in R657-37-6 for any variation in:
(i) the CWMU Management Plan; or
(ii) any other matter related to the management and operation of the CWMU not originally included in the certificate of registration.
(b) A request for an amendment to a certificate of registration to allow a CWMU permit holder to hunt within a reciprocal CWMU must be made in writing and submitted to the appropriate division regional supervisor and wildlife manager.
(i) Upon approval by the regional supervisor, an amendment to the original certificate of registration shall be issued in writing.
(7) The Wildlife Board shall consider any violation of the provisions of Title 23, Wildlife Resources Code and any information provided by the division, landowners, and the public in determining whether to authorize the issuance of a certificate of registration for a CWMU.
(8) A CWMU Certificate of Registration is issued on an annual basis and shall expire on January 31, providing the certificate of registration is not suspended or revoked prior to the expiration date.
(9) The CWMU application/agreement is binding upon the landowner association members, landowner association operators 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.
R657-37-6 Renewal of a Certificate of Registration.
(1) A CWMU Certificate of Registration must be renewed by the Wildlife Board annually or when any changes occur in the activities or information authorized by the Wildlife Board in the original certificate of registration or CWMU Management Plan.
(2) An application for renewal of a certificate of registration must be completed and returned to the division regional office where the CWMU is established no later than September 1.
(3) The renewal application must identify all changes from the previous years CWMU Certificate of Registration or CWMU Management Plan.
(4) The renewal application must be accompanied by:
(a) the CWMU Management Plan, including all maps as described in R657-37-4(3), if the plan has expired or is being amended;
(b) 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;
(c) the name of the designated landowner association operator; and
(d) a $5 nonrefundable handling fee.
(5) The division may reject any application that is incomplete or completed incorrectly.
(6) The division shall forward the complete and correct renewal application to the Wildlife Board for consideration.
(7) The Wildlife Board shall consider:
(a) the previous performance of the CWMU, including the actions of the landowner association member or landowner association operator when reviewing renewal of the certificate of registration; and
(b) any violation 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 fitness to operate a CWMU.
(8) Upon receiving the application, required documentation, appropriate fee and recommendation from the division, the Wildlife Board may:
(a) authorize the issuance of a certificate of registration allowing the landowner association member or landowner association operator to operate a CWMU; or
(b) deny the application and provide the landowner association member with reasons for the decision.
(9) A CWMU Certificate of Registration for renewal is authorized annually and shall expire on January 31, providing the certificate of registration is not revoked or suspended prior to the expiration date.
R657-37-7 Operation by Landowner Association.
(1)(a) A CWMU must be operated by a landowner association member who owns land within the CWMU or a landowner association operator who leases or otherwise controls hunting on land within the CWMU.
(b) A landowner association member or landowner association operator may appoint CWMU agents to protect private property within the CWMU; however, the landowner association member or landowner association operator must assume ultimate responsibility for the operation of the CWMU.
(2)(a) A landowner association member or landowner association operator may enter into reciprocal agreements with any other landowner association member or landowner association operator to allow hunters who have obtained a CWMU permit to hunt within each other's CWMUs as provided in Subsections R657-37-5(6)(b) and R657-37-7(3)(b).
(b) 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 must be in the person's possession while hunting.
(3)(a) A landowner association member or landowner association operator shall provide any person who has obtained a permit, including general public permittees, a comparable hunting opportunity in terms of hunting area and number of days to hunt big game.
(b) 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) Each landowner association member or landowner association operator shall post all boundaries of the CWMU in accordance with Section 23-23-7 (6).
R657-37-8 Cooperative Wildlife Management Unit Agents.
(1) A landowner association member may appoint CWMU agents to monitor access and protect the private property of the CWMU.
(2) Each CWMU agent shall 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 into the private land portions of a CWMU to any person, except owners of land within the unit and their employees, who:
(a) does not have in their possession a CWMU permit;
(b) endangers or has endangered human safety;
(c) damages or has damaged private property within a CWMU; or
(d) fails or has failed to comply with reasonable rules of a landowner association.
(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 for which the CWMU is authorized.
(5) In performing the functions described in this section, a CWMU agent shall comply with the relevant laws of this state.
R657-37-9 Permit Allocation.
(1) The division shall issue CWMU permits for hunting big game to permittees:
(a) qualifying through a general public drawing; or
(b) named by the landowner association member or landowner association operator.
(2) A landowner association member or landowner association operator shall be issued vouchers that may be used to purchase hunting permits from division offices.
(3) The division and the landowner association member shall, in accordance with the tables provided in Subsection (4), jointly determine:
(a) the total number of permits to be issued for the CWMU; and
(b) the number of permits that may be offered by the landowner association member to the general public as defined in Subsection R657-37-2(c).
(4)(a) Permits may be allocated using an option from:
(i) table one for moose and pronghorn; or
(ii) table two for elk and deer.
(b) 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.
MOOSE AND PRONGHORN Cooperative Wildlife Management Unit's Share Option Bucks/Bulls Antlerless 1 60% 0% 2 60% 40% Public's Share Option Bucks/Bulls Antlerless 1 40% 0% 2 40% 60%
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% 5 50% 0% Public's Share Option Bucks/Bulls Antlerless 1 10% 100% 2 15% 75% 3 20% 60% 4 25% 50% 5 50% 0%
(5) Antlerless permits must be allocated to the CWMU proportional to the ratio of numbers of big game species using the CWMU compared to the total herd population of the respective big game species on the herd management unit.
(6) A landowner association member or landowner association operator shall provide access free of charge to any person who has received a CWMU permit through the general public big game drawings, except as provided in Section 23-23-11.
(7) If the division and the landowner association member disagree on the number of permits to be issued, the number of permits allocated for a species or sex of big game, or the method of take, the Wildlife Board shall make the determination based on the biological needs of the big game herds, including available forage, depredation, and other mitigating factors.
(8) A CWMU permit entitles the holder to hunt the species and sex of big game specified on the permit and only in accordance with the certificate of registration and the rules and proclamations of the Wildlife Board.
(9) 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.
(11)(a) A complete list of the current CWMUs, big game hunts, and the date, time, and number of permits available for public drawing shall be published in the proclamation of the Wildlife Board for taking big game.
(b) The division reserves the exclusive right to list approved CWMUs in the proclamation of the Wildlife Board for taking big game. 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; 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) archery buck deer and archery bull elk seasons may be established beginning with the opening of the general archery deer season through October 31;
(b) general season buck deer, general season bull elk, pronghorn, and moose seasons may be established September 1 through October 31, or the closing date of the general season for the respective species, whichever is later;
(c) muzzleloader deer seasons may be established September 1, 1999 through November 14, 1999;
(d) beginning January 1, 2000, muzzleloader deer seasons may be established September 1 through October 31, or the closing date of the muzzleloader deer season on the state wildlife management unit that contains the CWMU, whichever is later;
(e) muzzleloader elk seasons may be established September 1 through the end of the general muzzleloader elk season;
(e) antlerless elk seasons may be established August 15 through January 31; and
(f) antlerless deer seasons may be established August 15 through December 31.
(2) The Wildlife Board may make variances to the seasons provided in Subsection (1) for good cause if the variance was requested by the deadline for the application for the new or renewal certificate of registration as provided in Sections R657-37-5 and R657-37-6.
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 Discipline or Violation.
(1) The Wildlife Board may refuse to issue a certificate of registration to an applicant, and may refuse to renew or may revoke, restrict, place on probation, or otherwise act upon a certificate of registration where the holder has:
(a) violated any provision of this rule, the Wildlife Resources Code, the certificate of registration, or the CWMU application/agreement; 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.
[Indexing] KEY: wildlife, cooperative wildlife management unit August 15, 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.]
23-23-3
Notice of Continuation May 3, 1999
