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[Utah Administrative Code Table of Contents]
[Title R657. Table of Contents]
R657-41-1 Purpose and Authority.
(1) Under the authority of Section 23-14-18 and 23-14-19 , this rule provides the standards and procedures for issuing:
(a) conservation permits to conservation organizations for sale at an auction, or for use as an aid to wildlife related fund raising activities; and
(b) sportsman permits.
(2) The division shall use all revenue derived from conservation permits for the benefit of the species for which the permit is issued, unless the division and conservation organization mutually agree in writing that there is a higher priority use for other species of protected wildlife.
R657-41-2 Definitions.
(1) Terms used in this rule are defined in Section 23-13-2.
(2) In addition:
(a) "Area Conservation Permit" means a permit issued for a specific unit or hunt area for a specific species, and may include an extended season, or legal weapon choice, or both, beyond the general season.
(b) "Conservation Organization" means a nonprofit chartered institution, foundation, or association founded for the purpose of promoting wildlife conservation and has established tax exempt status under Internal Revenue Code, Section 501C-3 as amended.
(c) "Conservation Permit" means any harvest permit authorized by the Wildlife Board and issued by the division for purposes identified in Section R657-41-1(2).
(d) "Sportsman Permit" means a harvest permit authorized by the Wildlife Board and issued by the division in a general drawing, requiring all applicants to pay an application fee and the successful applicant the cost of the permit.
(e) "Statewide Conservation Permit" means a permit which allows a permittee to hunt:
(i) big game species on any open unit from September 1 through December 31, except pronghorn and moose from September 1 through October 31;
(ii) turkey on any open unit from April 1 through May 31;
(iii) any other small game species on any open unit during the season authorized by the Wildlife Board;
(iv) bear on any open unit during the season authorized by the Wildlife Board for that unit; and
(v) cougar on any open unit during the season authorized by the Wildlife Board for that unit and during the season dates authorized by the Wildlife Board on any harvest objective unit that has been closed by meeting its objective.
R657-41-3 Method for Determining the Number of Conservation and Sportsman Permits.
(1) The number of conservation permits authorized by the Wildlife Board shall be based on:
(a) the species population trend, size, and distribution to protect the long-term health of the population;
(b) the hunting and viewing opportunity for the general public, both short and long term; and
(c) the potential revenue that will support protection and enhancement of the species.
(2) The recommended number of conservation permits available will be based on the following table.
Public Permits Conservation Permits 2-14 1 15-24 2 25-34 3 35-44 4 45-54 5 55-70 6 71-85 7 86-100 8 101+ 9
(3) One statewide conservation permit may be authorized for each big game and small game species for which limited permits are available.
(4) A limited number of area conservation permits may be authorized, with a maximum of 5% of the permits or eight permits, whichever is less, for any unit or hunt area, unless a higher number is specifically authorized by the Wildlife Board.
(5) The number of conservation and sportsman permits available for use during the following year will be determined by the Wildlife Board annually.
(6) Conservation permits shall be deducted from the number of public drawing permits.
(7) One sportsman permit may be authorized for each statewide conservation permit authorized.
R657-41-4 Obtaining Conservation Permits.
(1) Statewide and area conservation permits are available to eligible conservation organizations for sale at an auction, or for use as an aid to wildlife related fund raising activities.
(2) Conservation organizations may apply for conservation permits by sending an application to the division for each permit requested.
(3) The application must be submitted to the division by September 1 to be considered for the following year's conservation permits. Each application must include:
(a) the name, address and telephone number of the conservation organization;
(b) a copy of the conservation organization's mission statement;
(c) verification of the conservation organization's tax exempt status under Internal Revenue Code, Section 501C-3 as amended;
(d) the name of the president or other individual responsible for the administrative operations of the conservation organization;
(e) the type of permit and species for which the permit is requested; and
(f) any requested variances for an extended season or legal weapon choice for area conservation permits.
(4)(a) Conservation organizations must include the information as provided in Subsection (b) or (c).
(b) The estimated revenue expected to be returned to the division.
(i) The estimated revenue must be based on 90% of the auction or fund raising activity amount being submitted to the division, or the recommended minimum amount listed in the following table, whichever is greater.
(ii) The basis for the estimated revenue to the division must include the conservation organization's experience in similar activities, and details of the marketing plan.
(iii) The remaining 10% of the auction or fund raising activity amount may be retained by the conservation organization for administrative expenses. If the conservation organization is paying the permit and Wildlife Habitat Authorization fees for the permit recipient, the fees must be paid from the 10% retained by the conservation organization.
Species Statewide Area Rocky Mountain Bighorn (Ram) $40,000 $20,000 Desert Bighorn (Ram) 30,000 20,000 Buck Deer 10,000 2,000 Bull Elk 10,000 4,000 Bull Moose 10,000 3,000 Bison (Hunter's Choice) 5,000 5,000 Rocky Mountain Goat (Hunter's Choice) 5,000 3,000 Buck Pronghorn 2,000 1,000 Black Bear 2,000 1,000 Cougar 2,000 500 Turkey 350 250
(c) A specific project proposal that includes:
(i) a schedule for project completion;
(ii) the benefits to the identified species;
(iii) justification for the conservation organization retaining more than ten percent of the revenue, showing increased benefit to the species, over remitting the funds to the division. Under this option, the division must receive the cost of the permit.
(iv) Proposals which integrate well with the division's species plans and objectives will be given emphasis in the evaluation.
(5) An application which is incomplete or completed incorrectly may be rejected.
(6) The application of a conservation organization that has not fully reported on the preceding years conservation permits may be rejected.
(7) The division shall recommend the conservation organization to receive each of the conservation permits based on:
(a) first, the bid amount pledged to the species, adjusted by:
(i) the performance of the organization over the previous two years in meeting proposed bids;
(ii) if returning the bid amount to the division, the percent of the proposed bid, at least 90%, returned to the division; and
(iii) if retaining the bid amount for projects, the increased monetary benefit of the projects, which cannot include any other conservation permit revenue or division funding sources, at least 100% of the bid amount, multiplied by the percent the project integrates with species plans and objectives;
(b) second, if two or more conservation organizations are tied using the criteria in Subsection (a), the closeness of the organization's purpose to the species of the permit; and
(c) third, if two or more conservation organizations are tied using the criteria in Subsection (a) and (b), the geographic closeness of the organization to the location of the permit.
(8) Between the time the division recommends that a conservation permit be awarded to a conservation organization and the time the Wildlife Board approves that recommendation, a conservation organization may withdraw their application for any given permit or exchange their application with another conservation organization without penalty, provided the bid amount upon which the permit application was evaluated is not changed.
(9) The Wildlife Board will make the final assignment of conservation permits at a meeting prior to December 1 annually, based on the:
(a) division recommendation;
(b) benefit to the species;
(c) historical contribution of the organization to the conservation of wildlife; and
(d) previous performance of the conservation organization.
(10) The division and conservation organization receiving the permits shall enter into a contract.
(11)(a) The conservation organization receiving permits shall certify that the permits are distributed by lawful means.
(b) The conservation organization must notify the division of the proposed permit recipient within 10 days of the recipient selection or the permit may be forfeited.
(c) If a person is selected by a qualified organization to receive a conservation permit and is also successful in obtaining a permit for the same species in the same year through the Bucks, Bulls and Once-In-A-Lifetime Drawing, that person may designate another person to receive the conservation permit, provided the conservation permit has not been issued by the division to the first selected person.
(d) If a person is selected by a qualified organization to receive a conservation permit, but is unable to use the permit, the conservation organization may designate another person to receive the permit provided:
(i) the conservation organization selects the new recipient of the permit;
(ii) the amount of money received by the division for the permit is not decreased;
(iii) the conservation organization relinquishes to the division 90% of all proceeds generated from the alternate permit transfer or uses the funds for projects authorized by the division pursuant to this rule;
(iv) the conservation organization and the initial designated recipient of the permit, must sign an affidavit indicating the initial designated recipient is not profiting from transferring the right to the permit; and
(v) the permit has not been issued by the division to the first designated person.
(e) Except as otherwise provided under Subsection (c) and (d), a person designated by a conservation organization as a recipient of a conservation permit, may not sell or transfer the rights to that designation to any other person. This does not preclude a person from bidding or otherwise lawfully acquiring a permit from a conservation organization on behalf of another person who will be identified as the original designated recipient.
(12) By September 1 annually, the conservation organization receiving the permit shall report to the division the distribution of each permit and the status of each project contained in the application.
R657-41-5 Obtaining Sportsman Permits.
(1) One sportsman permit is offered to residents through a drawing for each of the following species:
(a) desert bighorn (ram);
(b) bison (hunter's choice);
(c) buck deer;
(d) bull elk;
(e) Rocky Mountain goat (hunter's choice)
(f) bull moose; and
(g) buck pronghorn.
(2) The following information is provided in the proclamation of the Wildlife Board for taking big game:
(a) hunt dates;
(b) open units or hunt areas;
(c) application procedures;
(d) fees; and
(e) deadlines.
R657-41-6 Using a Conservation or Sportsman Permit.
(1)(a) A conservation or sportsman permit allows the recipient to take only the species for which the permit is issued.
(b) The species that may be taken shall be printed on the permit.
(c) The species may be taken in the area and during the season specified on the permit.
(2) The recipient of a conservation or sportsman permit is subject to all of the provisions of Title 23, Wildlife Resources Code, and the rules and proclamations of the Wildlife Board for taking and pursuing wildlife.
(3) Bonus points shall not be awarded or utilized:
(a) when applying for conservation or sportsman permits; or
(b) in obtaining conservation or sportsman permits.
(4) Any person who has obtained a conservation or sportsman permit is subject to all waiting periods as provided in Rules R657-5, R657-6, R657-10 and R657-33.
[Indexing] KEY: wildlife, wildlife permits August 1, 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
Notice of Continuation November 30, 2000
