Posted Monday, 15 October 2012 16:36
KEY: wildlife, wildlife permits
Date of Enactment or Last Substantive Change: February 7, 2011
Notice of Continuation: March 26, 2010
Authorizing, and Implemented or Interpreted law: 23-14-18; 23-14-19
(1) Under the authority of Sections 23-14-18 and 23-14-19 of the Utah Code, this rule provides the standards and requirements for issuing wildlife convention permits.
(2) Wildlife convention permits are authorized by the Wildlife Board and issued by the division to a qualified conservation organization for purposes of generating revenue to fund wildlife conservation activities and attracting a regional or national wildlife convention to Utah.
(3) The selected conservation organization will conduct a random drawing at a convention held in Utah to distribute the opportunity to receive wildlife convention permits.
(4) This rule is intended as authorization to issue one series of wildlife convention permits per year beginning in 2012 through 2016 to one qualified conservation organization.
(1) Terms used in this rule are defined in Section 23-13-2.
(2) In addition:
(a) "Conservation organization" means a nonprofit chartered institution, corporation, foundation, or association founded for the purpose of promoting wildlife conservation.
(b) "Special nonresident convention permit" means one wildlife convention permit for each once-in-a-lifetime species that is only available to a nonresident hunter legally eligible to hunt in Utah.
(c) "Wildlife Convention" means a multi-day event held within the state of Utah that is sponsored by multiple wildlife conservation organizations as their national or regional convention or event that is open to the general public and designed to draw nationwide attendance of more than 10,000 individuals. The wildlife convention may include wildlife conservation fund raising activities, outdoor exhibits, retail marketing of outdoor products and services, public awareness programs, and other similar activities.
(d) "Wildlife Convention Audit" means an annual review by the division of the conservation organization's processes used to handle applications for convention permits and conduct the drawing, and the protocols associated with collecting and using client data.
(e) "Wildlife Convention Permit" means a permit which:
(i) is authorized by the Wildlife Board to be issued to successful applicants through a drawing or random selection process conducted at a Utah wildlife convention; and
(ii) allows the permittee to hunt for the designated species on the designated unit during the respective season for each species as authorized by the Wildlife Board.
(f) "Wildlife Convention Permit series" means a single package of permits to be determined by the Wildlife Board for:
(vi) rocky mountain goat;
(vii) desert bighorn sheep;
(viii) rocky mountain bighorn sheep;
(ix) wild turkey;
(x) cougar; or
(xi) black bear.
(g) "Secured Opportunity" means the opportunity to participate in a specified hunt that is secured by an eligible applicant through the drawing process.
(h) "Successful Applicant" means an individual selected to receive a wildlife convention permit through the drawing process.
(1) The Wildlife Board may allocate wildlife convention permits by May 1 of the year preceding the wildlife convention.
(2) Wildlife convention permits shall be issued as a single series to one conservation organization.
(3) The number of wildlife convention 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) a percentage of the permits available to nonresidents in the annual big game drawings matched by a proportionate number of resident permits.
(4) Wildlife convention permits, including special nonresident convention permits, shall not exceed 200 total permits.
(5) Wildlife convention permits designated for the convention each year shall be deducted from the number of public drawing permits.
(1) The wildlife convention permit series is issued for a period of five years as provided in Section R657-55-1(4).
(2) The wildlife convention permit series is available to eligible conservation organizations for distribution through a drawing or other random selection process held at a wildlife convention in Utah open to the public.
(3) Conservation organizations may apply for the wildlife convention permit series by sending an application to the division between August 1 and September 1, 2010.
(4) Each application must include:
(a) the name, address and telephone number of the conservation organization;
(b) a description of the conservation organization's mission statement;
(c) the name of the president or other individual responsible for the administrative operations of the conservation organization; and
(d) a detailed business plan describing how the wildlife convention will take place and how the wildlife convention permit drawing procedures will be carried out.
(5) An incomplete or incorrect application may be rejected.
(6) The division shall recommend to the Wildlife Board which conservation organization may receive the wildlife convention permit series based on:
(a) the business plan for the convention and drawing procedures contained in the application; and
(b) the conservation organization's, including its constituent entities, ability, including past performance in marketing conservation permits under Rule R657-41, to effectively plan and complete the wildlife convention.
(7) The Wildlife Board shall make the final assignment of the wildlife convention permit series based on the:
(a) division's recommendation;
(b) applicant conservation organization's commitment to use convention permit handling fee revenue to benefit protected wildlife in Utah;
(c) historical contribution of the applicant conservation organization, including its constituent entities, to the conservation of wildlife in Utah; and
(d) previous performance of the applicant conservation organization, including its constituent entities.
(8) The conservation organization receiving the wildlife convention permit series must:
(a) require each wildlife convention permit applicant to verify they possess a current Utah hunting or combination license before allowing them to apply for a convention permit.;
(b) select successful applicants for the wildlife convention permits by drawing or other random selection process in accordance with law, provisions of this rule, proclamation, and order of the Wildlife Board;
(c) allow applicants to apply for the wildlife convention permits without purchasing admission to the wildlife convention;
(d) notify the division of the successful applicant of each wildlife convention permit within 10 days of the applicant's selection;
(e) maintain records demonstrating that the drawing was conducted fairly; and
(f) submit to an annual wildlife convention audit by a division-appointed auditor.
(9) The division shall issue the appropriate wildlife convention permit to the designated successful applicant after:
(a) completion of the random selection process;
(b) verification of the recipient being found eligible for the permit; and
(c) payment of the appropriate permit fee is received by the division.
(10) The division and the conservation organization receiving the wildlife convention permit series shall enter into a contract, including the provisions outlined in this rule.
(11) If the conservation organization awarded the wildlife convention permit series withdraws before the end of the 5 year period, any remaining co-participants with the conservation organization may be given an opportunity to assume the contract and to distribute the convention permit series consistent with the contract and this rule for the remaining years left in the 5 year period, provided:
(a) The original contracted conservation organization submits a certified letter to the division identifying that it will no longer be participating in the convention.
(b) The partner or successor conservation organization files an application with the division as provided in subsection 4 for the remaining period.
(c) The successor conservation organization submits its application request at least 60 days prior to the next scheduled convention so that the wildlife board can evaluate the request under the criteria in this section.
(d) The Wildlife Board authorizes the successor conservation organization to assume the contract and complete the balance of the 5 year convention permit period.
(12) The division may suspend or terminate the conservation organization's authority to distribute wildlife convention permits at any time during the five year award term for:
(a) violating any of the requirements set forth in this rule or the contract; or
(b) failing to bring or organize a wildlife convention in Utah, as described in the business plan under R657-55-4(4)(d), in any given year.
(1) Any hunter legally eligible to hunt in Utah may apply for a wildlife convention permit except that only a nonresident of Utah may apply for a special nonresident convention permit.
(2) Any handling fee assessed by the conservation organization to process applications shall not exceed $5 per application submitted at the convention.
(3)(a) Except as provided in Subsection (3)(b), applicants must validate their application in person at the wildlife convention to be eligible to participate in the random drawing process, for wildlife convention permits, and no person may submit an application in behalf of another.
(b) An applicant that is a member of the United States Armed Forces and unable to attend the wildlife convention as a result of being deployed or mobilized in the interest of national defense or a national emergency is not required to validate their application in person; provided convention administrators are furnished a copy of the written deployment or mobilization orders and the orders identify:
(i) the branch of the United States Armed forces from which the applicant is deployed or mobilized;
(ii) the location where the applicant is deployed or mobilized;
(iii) the date the applicant is required to report to duty; and
(iv) the nature and length of the applicant's deployment or mobilization.
(c) The conservation organization shall maintain a record, including copies of military orders, of all applicants that are not required to validate their applications in person pursuant to Subsection (3)(b), and submit to a Division audit of these records as part of its annual audit under R657-55-4(8)(f).
(4) Applicants may apply for each individual hunt for which they are eligible.
(5) Applicants may apply only once for each hunt, regardless of the number of permits for that hunt.
(6) Applicants must submit an application for each desired hunt.
(7) Applicants must possess a current Utah hunting or combination license in order to apply for a permit.
(8) The conservation organization shall advertise, accept, and process applications for wildlife convention permits and conduct the drawing in compliance with this rule and all other applicable laws.
(1) A random drawing or selection process must be conducted for each wildlife convention permit.
(2) No preference or bonus points shall be awarded in the drawings.
(3) Waiting periods do not apply, except any person who obtains a wildlife convention permit for a once-in-a-lifetime species is subject to the once-in-a-lifetime restrictions applicable to obtaining a subsequent permit for the same species through a division application and drawing process, as provided in Rule R657-5 and the proclamation of the Wildlife Board for taking big game.
(4) No predetermined quotas or restrictions shall be imposed in the application or selection process for wildlife convention permits between resident and nonresident applicants, except that special nonresident convention permits may only be awarded to a nonresident of Utah.
(5) Drawings will be conducted within five days of the close of the convention.
(6) Applicants do not have to be present at the drawing to be awarded a wildlife convention permit.
(7) The conservation organization shall identify all eligible alternates for each wildlife convention permit and provide the division with a finalized list. This list will be maintained by the conservation organization until all permits are issued.
(8) The division shall contact successful applicants by phone or mail, and the conservation organization shall post the name of all successful applicants on a designated website.
(1) The division shall provide a wildlife convention permit to the successful applicant as designated by the conservation organization.
(2) The division must provide a wildlife convention permit to each successful applicant, except as otherwise provided in this rule.
(3) The division shall provide each successful applicant a letter indicating the permit secured in the drawing, the appropriate fee owed the division, and the date the fee is due.
(4) Successful applicants must provide the permit fee payment in full to the division and will be issued the designated wildlife convention permit upon receipt of the appropriate permit fee and providing proof they possess a current Utah hunting or combination license.
(5) Residents will pay resident permit fees and nonresidents will pay nonresident permit fees.
(6) Applicants are eligible to obtain only one permit per species, except as provided in Rule R657-5, but no restrictions apply on obtaining permits for multiple species.
(7) In an applicant is selected for more than one convention permit for the same species, the Division will contact the applicant to determine which permit the applicant selects.
(a) The applicant must select the permit of choice within five days of receiving notification.
(b) If the Division is unable to contact the applicant within 5 days, the Division will issue to the applicant the permit with the most difficult drawings odds based on drawing results from the Division's Big Game drawing for the preceding year.
(c) Permits not issued to the applicant will go to the next person on the alternate drawing list for that permit.
(8) Any successful applicant who fails to satisfy the following requirements will be ineligible to receive the wildlife convention permit and the next drawing alternate for that permit will be selected.
(a) The applicant fails to return the appropriate permit fee in full by the date provided in Subsection (3) or
(b) The applicant did not possess a valid Utah hunting or combination license at the time the convention permit application was submitted and the permit received.
(1)(a) If a person selected to receive a wildlife convention permit is also successful in obtaining a Utah limited entry permit for the same species in the same year or obtaining a general permit for a male animal of the same species in the same year, that person cannot possess both permits and must select the permit of choice.
(b) In the event the secured opportunity is willingly surrendered before the permit is issued, the next eligible applicant on the alternate drawing list will be selected to receive the secured opportunity.
(c) In the event the wildlife convention permit is surrendered, the next eligible applicant on the alternate drawing list for that permit will be selected to receive the permit, and the permit fee may be refunded, as provided in Sections 23-19-38, 23-19-38.2, and R657-42-5.
(2) A person selected by a conservation organization to receive a wildlife convention permit, may not sell or transfer the permit, or any rights thereunder to another person in accordance with Section 23-19-1.
(3) If a person is successful in obtaining a wildlife convention permit but is legally ineligible to hunt in Utah the next eligible applicant on the alternate drawing list for that permit will be selected to receive the permit.
(1) A wildlife convention permit allows the recipient to:
(a) take only the species for which the permit is issued;
(b) take only the species and sex printed on the permit; and
(c) take the species only in the area and during the season specified on the permit.
(2) The recipient of a wildlife convention 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.
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