Administrative rule R657-56

Lease of private lands for free public walk-in access

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R657-56-1. Purpose and Authority.

Under the authority of Sections 23A-2-304, 23A-2-305 and Subsection 23A-2-102 (2), this rule provides the procedures, standards, and requirements to administer a Walk-in Access program designed to compensate private landowners for leasing private property for the purpose of allowing free public access for wildlife-dependent recreation.

R657-56-2. Definitions.

(1) Terms used in this rule are defined in Section 23A-1-101.

(2) In addition:

(a) "Contiguous" means parcels of real property that share a common property line and are otherwise connected as a single mass, excluding parcels that adjoin only at corners.

(b) "Division" means Utah Division of Wildlife Resources.

(c) "Private landowner" means any individual, partnership, corporation, lessee, or association that possesses the legal right on private property to grant rights for hunting, trapping, or fishing within a lease agreement.

(d) "Recreational lease activities" means specific wildlife-dependent recreation activities that are made available to the public on a Walk-in Access property, through a Walk-in Access lease agreement.

(e) "WIA" means Walk-in Access, a program of the Utah Division of Wildlife Resources.

(f) "Wildlife-dependent recreation" means hunting, trapping, or fishing.

R657-56-3. Walk-in Access Private Landowner Enrollment Procedures.

(1) A private landowner with eligible property as outlined in Section (4) may be considered for a WIA recreational lease agreement upon providing:

(a) evidence of property ownership;

(b) evidence of a lease agreement or other form of certification verifying a lessee's right to enter a WIA recreational lease agreement with the division, if applicable; and

(c) county recorder plat or equivalent map depicting property boundaries and ownership.

(2) Verification of property ownership shall be obtained prior to finalization of a WIA agreement.

(3) The division may require additional supporting documentation to verify property ownership, boundaries, statements or claims.

R657-56-4. Walk-in Access Program Minimum Requirements.

(1) Private property enrolled in the WIA program must provide suitable habitat to support the recreational lease activities described in the WIA recreational lease agreement, and contain:

(a) no less than a 40 acre contiguous block of land, wetland, or riparian area for hunting or trapping;

(b) a minimum of 0.25 continuous miles of stream or river; or

(c) a minimum of one contiguous acre of lake, reservoir, or pond.

(2)(a) A private property which does not meet the minimum acreage or mileage requirements may be considered for approval based on the division's determination that the property holds a unique value which is highly beneficial to the public and not otherwise attainable.

(b) The statewide WIA coordinator must give specific approval for any property which does not meet the minimum acreage or mileage requirements.

(c) The property shall not be exempt from any other minimum requirement.

(3)(a) A WIA lease agreement may be developed for a property which provides a corridor to public lands or waters suitable for hunting, trapping, or fishing that are otherwise inaccessible, or reasonably inaccessible without such corridor or easement.

(b) Agreement terms for a WIA property containing an access corridor to public lands may be compensated with a rate consistent to the amount of land or water being made available to the public.

(4) No land parcel may be included in more than one WIA agreement, nor may a WIA property be in another lease or other agreement regarding the same hunting, trapping, or fishing access privileges.

(5)(a) The division shall evaluate a prospective WIA property to determine suitable wildlife and habitat for the designated recreational lease activities.

(b) The property must be capable of independently maintaining and harboring the respective species for the recreational lease activities identified for the period designated in the recreational lease agreement.

(c) The division may review the property periodically throughout the term of the lease agreement to determine if quality is maintaining, improving, or declining.

(d) The access, area, and boundaries of the property must be practicable to and suitable for the wildlife recreational lease activities.

(6)(a) Enrollment and participation in the WIA program is a privilege, not guaranteed, and at the sole discretion of the division, even if an applicant satisfies the minimum program requirements.

(b) The division may prioritize program enrollments and allocate lease compensation amounts based upon identified public recreational access needs, wildlife resource management objectives, and administrative limitations.

R657-56-5. Walk-in Access Lease Agreement.

(1) A WIA property is established through a written WIA lease agreement between the private landowner and the division.

(2) Terms of the agreement shall include private landowner and division responsibilities and compensation amount for the term of the agreement.

(3)(a) The private landowner transfers all access rights for the wildlife activities included in the WIA lease agreement for the agreement's term.

(b) WIA leases containing corridors to public land or water, or that are immediately adjacent to public land or water, transfer all access rights to cross through the WIA property to the division for the wildlife activities included in the WIA recreational lease agreement.

(c) Public access on a WIA property shall be by foot only, unless otherwise authorized by the private landowner.

(d) Public access on a WIA property does not authorize trespass on adjacent private lands or waters.

(4) The terms and provisions of the WIA recreational lease agreement may be formally amended in writing at any time upon the mutual agreement of the division and the private landowner.

R657-56-6. Walk-in Access Compensation.

(1) The amount of compensation paid to the private landowner may be determined by the:

(a) type of recreational activities allowed;

(b) duration of the recreational lease agreement;

(c) actual acreage of land or flat water, or length of stream or river which is legally allowed to be hunted, trapped, or fished; and

(d) quality of the habitat, location, species abundance or opportunities, and potential for public use.

(2)(a) Total compensation may be reduced or increased by the division based upon: (a) the type of recreational lease activities allowed:

(b) quality of public accessibility;

(c) number of consecutive years within an agreement;

(d) number of persons using the property;

(e) number of visits to the property per year by the public; and

(f) quality of the wildlife experience provided by the property.

(3) Final payment for an agreement which is terminated prior to the established expiration date, for which was given a higher rate of compensation due to the term length of the agreement, may be reduced according to the rate equivalent to the actual term length of the agreement.

(4)(a) Upon mutual agreement, the division may provide habitat improvement, materials, or labor on the WIA property in lieu of all or part of the monetary compensation otherwise due for free public walk-in access.

(b) If a habitat improvement project performed or funded by the division is used as compensation for a walk-in access agreement, the division will provide an evaluation of the property, a summary of the proposed project, and an estimated in-kind value estimate to the landowner.

(c) A habitat project proposal must be completed, reviewed, and approved through the Habitat Council, Blue Ribbon Fisheries Council, or the Watershed Restoration Initiative to qualify for use in the walk-in access program.

(d) The division and the private landowner must mutually agree to the use of a habitat project, its estimated cost, and in-kind value to be used as compensation for a WIA lease agreement.

(e) A private landowner that received habitat improvement, materials, or labor in lieu of compensation, who ends a WIA lease agreement prior to the compensatory conditions of the habitat project agreement being fulfilled, may be assessed the balance of the predetermined cost.

R657-56-7. Walk-in Access Program Private Landowner Responsibilities.

(1) Each WIA property with an active lease agreement must provide for the duration of the agreement:

(a) free public walk-in access for recreational lease activities described within the agreement;

(b) at least one designated and reasonable public access point to enter the property; and

(c) at least one designated and reasonable public parking area in close proximity to the access point.

(2) The private landowner is responsible to verify accuracy of their WIA property map, description, conditions and other details as displayed on the division's webpage and must report any inaccuracy immediately to the division.

R657-56-8. Walk-in Access Program Division Responsibilities.

(1) The division shall provide:

(a) an evaluation of the property prior to entering into a WIA agreement;

(b) an annual WIA authorization document which public users must obtain prior to entering WIA properties;

(c) a webpage displaying active properties, maps, authorized wildlife recreation activities, access points, designated parking areas, and special terms or conditions;

(d) WIA signage and adequate posting of signs as determined by the division; and

(e) discretionary law enforcement during seasons relative to the lease activities.

R657-56-9. Termination of Walk-in Access Recreational Lease Agreement.

(1) The WIA recreational lease agreement may be terminated with 30 days notice for any reason by either party.

(2) The WIA recreational lease agreement shall be terminated immediately upon:

(a) sale of any portion of the WIA property that is under lease;

(b) any change in ownership of a WIA property;

(c) misrepresentation, deceit, or fraud pertaining to the agreement or any of its provisions; or

(d) any uncured breach or default of the WIA recreation lease agreement.

(3) The WIA recreational lease agreement may be terminated immediately upon:

(a) unauthorized restriction of public use by the private landowner; or

(b) any habitat or property evaluation occurring within the term of the agreement indicating the property is no longer capable of supporting the recreational lease activities listed within the agreement.

(4) Agreements having been terminated prior to the term completion may be subject to reduced compensation, prorated according to the number of days recreational lease activities were prematurely ended.

R657-56-10. Liability Protection for Walk-in Access Private Landowner.

Private landowner liability may be limited when free public access is allowed on private property enrolled in the WIA program for the purpose of any recreational lease activities as provided in Title 57, Chapter 14, Limitations on Landowner Liability.

R657-56-11. Licenses, Permits, Seasons and Boundaries

(1) Any person hunting, trapping, or fishing must obtain and possess the valid and necessary licenses or permits while participating in those activities on a WIA property.

(2) Seasons and field regulations on WIA properties are consistent with the respective hunting and fishing guidebooks published by the division.

(3) Public access to a WIA property may be restricted during times of the year when there is not a hunting, trapping or fishing season for the wildlife recreational activities in the WIA lease agreement.

(4) Additional weapon type restrictions may be established for WIA properties and listed in the WIA recreational lease agreement and on the division's webpage.

(5) Special closures, restrictions or conditions regarding WIA properties shall be published on the division's website respective to each WIA property.

(6) Boundaries for WIA properties shall be provided on the division's website.

R657-56-12. Walk-in Access Authorization.

(1) Any person accessing a WIA property must obtain an annual WIA Authorization and be able to show proof of authorization while on any WIA property.

(2) WIA authorizations are available on the division's website and are valid for a one year period from the date issued.

(3) A WIA authorization grants access to WIA properties to participate in the wildlife recreational lease activities listed in the WIA lease agreements.

(4) A WIA authorization may grant access through an active WIA property to access other public land or water, or private land the person has legal right to enter.

(5) The WIA authorization document may be used to authorize individual public access, monitor usage and satisfaction rates and other purposes respective to wildlife-dependent recreation on WIA properties.

(6) An annual report or survey may be required for a person to obtain a WIA authorization.

R657-56-13. Right to Deny Access.

(1) The division reserves the right to deny public access to any WIA property or a portion thereof for any reason and without notice.

(2) The private landowner reserves the right to deny a member of the public access to the WIA property for the following causes:

(a) the member of the public being intoxicated;

(b) causing property damage or vandalism;

(c) violation of property use terms or conditions in the WIA lease agreement or this rule;

(d) failure to possess a WIA authorization;

(e) committing any wildlife violation or crime on the WIA property; or

(f) any situation reasonably deemed an emergency.

(3)(a) A private landowner may give verbal notice to a member of the public who is being restricted or denied public access under Subsection (2) and must immediately notify the division.

(b) The private landowner may not otherwise restrict, limit, or prohibit public access.

(4) The division may revoke a WIA authorization and prohibit access to WIA properties for a person who has committed a wildlife violation or other civil or criminal offense while on a WIA property.

R657-56-14. Prohibited Activities.

(1) It is unlawful for any person to access or use a WIA property in violation of the terms and conditions of the WIA recreational lease agreement, Title 23A Wildlife Resources Code of Utah, all rules and proclamations of the Wildlife Board.

(2) It is unlawful to refuse to leave a WIA property when requested by the private landowner, a division representative, or other peace officer.

(3) Any person accessing WIA property in violation of Subsections (1) or (2) may further be subject to criminal trespass prosecution as provided in Sections 23A-5-317 and 76-6-206.

R657-56-15. Effective Date and Prior WIA Lease Agreements.

(1) Amendments to this rule do not invalidate the terms of a valid WIA lease agreement, unless those terms are otherwise unlawful or unenforceable.

(2) Renewal of a WIA lease is contingent upon the private landowner agreeing and complying with the rule's terms in effect at the time the WIA lease renewal is executed.

Administrative rule R657-54a

Taking wild turkey

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R657-54a-1. Purpose and Authority.

(1) Under authority of Sections 23A-2-304 and 23A-2-305 and in accordance with 50 CFR 20, 2003 edition, which is incorporated by reference, the Wildlife Board has established this rule for taking wild turkey.

(2) Specific season dates, bag and possession limits, areas open, number of permits and other administrative details that may change annually are published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

R657-54a-2. Definitions.

(1) Terms used in this rule are defined in Section 23A-1-101.

(2) In addition:

(a) "Bait" means shelled, shucked or unshucked corn, wheat or other grain, salt or other feed that lures, attracts or entices wild turkey.

(b) "Baiting" means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could serve as a lure or attraction for wild turkey to, on, or over any areas where hunters are attempting to take them.

(c) "CFR" means the Code of Federal Regulations.

(d) "Falconry" means the sport of taking quarry by a trained raptor.

(e) "Fall season permit" means any wild turkey hunting permit having season dates on or between August 1 to March 14, excluding turkey permits issued pursuant to Rule R657-41 and turkey control permits issued pursuant to Section R657-69-6.

(f) "Night vision device" means any device that enhances visible or non-visible light, including: night vision, thermal imaging, infrared imaging, or electronics that enhance the visible or non-visible light spectrum.

(g) "Pre-charged pneumatic air rifle" means a rifle that fires a single projectile with compressed air released from a chamber:

(i) built into the rifle; and

(ii) pressurized at a minimum of 2,000 pounds per square inch from an external high compression device or source, such as a hand pump, compressor, or scuba tank firing a single:

(A) broadhead tipped bolt or arrow; or

(B) pellet or slug during fall turkey season that:

(I) is .25 caliber or larger;

(II) weighs 18 grains or more; and

(III) is fired at a velocity to produce at least 30 foot-pounds of energy at the muzzle.

(h) "Spring season permit" means any wild turkey hunting permit having season dates on or between March 15 to July 31, excluding turkey permits issued pursuant to Rule R657-41 and turkey control permits issued pursuant to Section R657-69-6.

(i) "Wild Turkey" as used in this rule means a wild, free-ranging turkey and does not include a privately-owned wild turkey, domestic turkey, or wild-domestic hybrids.

R657-54a-3. Obtaining Permits for Wild Turkey.

(1) A person must possess or obtain a valid hunting or combination license to apply for or obtain a wild turkey permit.

(2) General season wild turkey permits are issued over-the-counter consistent with this rule and the guidebook of the Wildlife Board for taking upland game and wild turkey.

(3) Limited entry permits for wild turkey are issued pursuant to Section R657-62-25.

(4) Wild turkey control permits and wild turkey control permit vouchers are issued pursuant to Rule R657-69.

(5) Wild turkey conservation and sportsman's permits are issued pursuant to Rule R657-41.

(6) Wild turkey permits available through the Expo are issued pursuant to Rule R657-55.

(7) Wild turkey poaching-reported reward permits are issued pursuant to Rule R657-51.

R657-54a-4. Authorized Weapons.

Wild turkey may be taken only with:

(1) Archery equipment, including a draw-lock, or a crossbow using broadhead tipped arrows or bolts;

(2) a shotgun, firing shot sizes BB and smaller diameter;

(3) a rimfire firearm during any fall season permit; or

(4) a pre-charged pneumatic air rifle during any fall season permit.

R657-54a-5. Shooting Hours.

(1) Wild turkey may be taken only between one-half hour before official sunrise through one-half hour after official sunset.

(2) A person must add to or subtract from the official sunrise and sunset depending on the geographic location of the state.

(3) Specific shooting hours shall be provided in a time zone map in the guidebook of the Wildlife Board for taking upland game and wild turkey.

R657-54a-6. State Parks.

(1) Hunting of any wildlife is prohibited within the boundaries of all state park areas, except those areas designated open to hunting by the Division of State Parks in Section R651-614-4.

(2) Hunting with rifles and handguns in state park areas designated open is prohibited within one mile of all park facilities including buildings, camp or picnic sites, overlooks, golf courses, boat ramps, and developed beaches.

(3) Hunting with shotguns, crossbows or archery tackle is prohibited within one-quarter mile of the stated areas.

R657-54a-7. Falconry.

Falconers may not release a raptor on wild turkeys during the spring seasons. Falconers may release a raptor on wild turkeys during the fall season, as published in the guidebook of the Wildlife Board for taking upland game and wild turkey.

R657-54a-8. Live Decoys and Electronic Calls.

A person may not take a wild turkey by the use or aid of live decoys, robotic decoys, night vision devices, drones, recorded turkey calls or sounds, or electronically amplified imitations of turkey calls.

R657-54a-9. Baiting.

A person may not hunt turkey using bait, or on or over any baited area where a person knows or reasonably should know that the area is or has been baited. An area is considered baited for 10 days after bait is removed, or 10 days after bait in an area is eaten.

R657-54a-10. Sitting or Roosting Turkeys.

A person may not take or attempt to take a wild turkey sitting or roosting in a tree, power pole, or other elevated structure.

R657-54a-11. Tagging Requirements.

(1) A person that takes a wild turkey must tag the carcass, as provided in Section 23A-5-309, immediately upon taking possession of the carcass.

(2) To tag a carcass, a person shall:

(a) completely detach the tag from the license or permit;

(b) completely remove the appropriate notches to correspond with:

(i) the date the wild turkey was taken;

(ii) the sex of the wild turkey; and

(c) attach the tag to the carcass so that the tag remains securely fastened and visible.

(3) A person may not:

(a) remove more than one notch indicating date or sex; or

(b) tag more than one carcass using the same tag.

(4) A person may not hunt or pursue a wild turkey after:

(a) shooting and retrieving the bird;

(b) the tag is detached from the permit;

(c) any of the notches have been removed from the tag.

R657-54a-12. Identification of Species and Sex.

The head and beard must remain attached to the carcass of a wild turkey while being transported.

R657-54a-13. Use of Dogs.

(1) An individual may not use or permit a dog to harass, pursue, or take wild turkey unless otherwise allowed for in Title 23A, the Wildlife Resources Code of Utah, or the administrative rules or guidebooks of the Wildlife Board.

(2) Dogs may be used to locate and retrieve wild turkey during open wild turkey hunting seasons.

(3) Dogs are generally allowed on state wildlife management and waterfowl management areas, subject to the following conditions:

(a) dogs are not allowed on the following state wildlife management areas and waterfowl management areas between March 10 and August 31 annually or as posted by the Division:

(i) Annabella;

(ii) Bear River Trenton Property Parcel;

(iii) Bicknell Bottoms;

(iv) Blue Lake;

(v) Browns Park;

(vi) Bud Phelps;

(vii) Clear Lake;

(viii) Desert Lake;

(ix) Farmington Bay;

(x) Harold S. Crane;

(xi) Hatt's Ranch;

(xii) Howard Slough;

(xiii) Huntington;

(xiv) James Walter Fitzgerald;

(xv) Kevin Conway;

(xvi) Locomotive Springs;

(xvii) Manti Meadows;

(xviii) Mills Meadows;

(xix) Montes Creek;

(xx) Nephi;

(xxi) Ogden Bay;

(xxii) Pahvant;

(xxiv) Public Shooting Grounds;

(xxv) Redmond Marsh;

(xxvi) Richfield;

(xxvii) Roosevelt;

(xxviii) Salt Creek;

(xxix) Scott M. Matheson Wetland Preserve;

(xxx) Steward Lake;

(xxxi) Timpie Springs;

(xxxii) Topaz Slough;

(xxxiii) Vernal; and

(xxxiv) Willard Bay.

(b) the Division may establish special restrictions for Division-managed properties, such as on-leash requirements and temporary or locational closures for dogs, and post them at specific Division properties and at Regional offices;

(c) organized events or group gatherings of 25 or more individuals that involve the use of dogs, such as dog training or trials, that occur on Division properties may require a special use permit as described in Rule R657-28;

(d) dog training may be allowed in designated areas on Lee Kay Center and Willard Bay WMA by the Division without a special use permit; and

(e) dogs are only allowed on the Nature Trail within the Hasenyager Nature preserve and must be on a leash.

(4) Wild turkeys may not be used for any dog training exercises.

(5) Dogs may be used to locate wild turkey as part of division sanctioned survey efforts.

R657-54a-14. Closed Areas.

A person may not hunt wild turkey in any area posted closed by the Division or any of the following areas:

(1) Salt Lake Airport boundaries as posted;

(2) incorporated municipalities;

(a) many incorporated municipalities prohibit the discharge of firearms and other weapons. Check with the respective city officials for specific boundaries and limitations;

(3) all State Waterfowl Management Areas except Browns Park and Stewart Lake;

(4) all National Wildlife Refuges unless declared open by the managing authority; and

(5) military installations, except as otherwise provided under Rule R657-66, are closed to hunting and trespassing.

R657-54a-15. Possession of Live Protected Wildlife.

It is unlawful for any person to hold in captivity at any time any protected wildlife, except as provided by Title 23A, the Wildlife Resources Code of Utah, or any rules of the Wildlife Board. Every wild turkey wounded by hunting and reduced to possession by the hunter shall be immediately killed and tagged pursuant to Section R657-54a-11.

R657-54a-16. Spotlighting.

(1) Except as provided in Section 23A-1-204:

(a) a person may not use or cast the rays of any spotlight, headlight or other artificial light to locate wild turkeys while having in their possession a firearm or other weapon or device that could be used to take or injure wild turkey; and

(b) the use of a spotlight or other artificial light in a field, woodland or forest where wild turkey are generally found is probable cause of attempting to locate protected wildlife.

(2) This section does not apply to:

(a) 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.

R657-54a-17. Exporting Wild Turkey from Utah.

A person may export wild turkey or their parts from Utah only if:

(1) The person who harvested the wild turkey accompanies it and possess a valid permit corresponding to the tag; or

(2) The person exporting the wild turkey or its parts, if it is not the person who harvested the wild turkey, has obtained a shipping permit from the Division.

R657-54a-18. Waste of Game.

(1) A person may not waste or permit to be wasted or spoiled a wild turkey or their parts.

(2) A person may not kill or cripple a wild turkey without making a reasonable effort to retrieve the wild turkey.

R657-54a-19. Purchasing or Selling Wild Turkey Parts.

(1) A person may only purchase, sell, offer or possess for sale, barter, exchange or trade any wild turkey or its parts as follows:

(a) Untanned or tanned hides, feather, bone, nail, or beak of legally taken wild turkey may only be sold by the hunter who harvested the wild turkey.

(b) An individual hunter may only sell one possession limit as defined by the Wildlife Board and guidebook for upland game and turkey per year.

(c) Resale may only occur as derivative products such as artificial fishing flies.

(2) A person selling or purchasing untanned or tanned hides, feather, bone, nail, or beak of legally taken wild turkey shall keep transaction records stating:

(a) the name and address of the person who harvested the wild turkey;

(b) the transaction date; and

(c) the hunting license number of the person who harvested the wild turkey.

R657-54a-20. Wild Turkey Poaching-Reported Reward Permits.

Wild turkey poaching-reported reward permits are issued pursuant to Rule R657-51.

R657-54a-21. Season Dates, Bag and Possession Limits and Areas Open.

(1) Season dates, bag and possession limits, areas open, and number of permits for taking wild turkey are provided in the guidebook of the Wildlife Board for taking upland game and wild turkey.

(2) A person may not obtain or possess more than:

(a) one wild turkey permit during the spring season annually; and

(b) three wild turkey permits during the fall season annually.