R657-34: Procedures for confirmation of ordinances on hunting closures
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Administrative rule R657-34

Procedures for confirmation of ordinances on hunting closures

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KEY: wildlife, hunting closures, game laws

Date of Last Change: October 1, 2023

Notice of Continuation: March 15, 2023

Authorizing, and Implemented or Interpreted Law: 23A-2-201; 23A-2-305

R657-34-1. Purpose and Authority.

(1) Under the authority of Sections 23A-2-201, 23A-2-304 and 23A-2-305, this rule provides the standards and procedures for a political subdivision within a community to obtain confirmation from the Wildlife Board to close an area to hunting for reasons of safety.

(2) If a political subdivision of the state adopts an ordinance or policy concerning hunting, fishing, or trapping that conflicts with Title 23A, Wildlife Resources Code of Utah, or rules promulgated pursuant thereto, state law shall prevail.

R657-34-2. Definitions.

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

(2) In addition, "Political subdivision" means any municipality, city, county, or other governmental entity which is legally separate and distinct from the state.

R657-34-3. Information Gathering.

(1) Prior to making a request to the Wildlife Board to close an area to hunting, the political subdivision shall hold a public hearing within its boundaries for the purpose of disclosing the proposed ordinance or policy and gathering public comment.

(2) The political subdivision shall compile a written summary of the hearing, including the date of the hearing, number of persons in attendance, and public comment.

(3) At least 45 days prior to the Wildlife Board meeting in which the request for a hunting closure shall be made, the political subdivision shall submit the following information to the director of the division:

(a) a draft copy of the proposed ordinance or policy;

(b) a plat map showing the boundaries of the area in which the political subdivision is requesting the closure and the boundaries of the political subdivision;

(c) the safety reasons for the proposed closure; and

(d) the written summary of the public hearing as required in Subsection (2).

(4) The purpose of this section is to provide sufficient information to allow the division to conduct a technical evaluation of the impacts the closure may have on division objectives, administrative rules, game depredation, wildlife management, and public interests.

(5) As the division conducts a technical evaluation of the impacts the closure may have regarding public interests, the division shall gather information and broad input from the appropriate regional advisory councils and the officials of the pertinent political subdivision.

R657-34-4. Wildlife Board Confirmation.

(1) At least 20 days prior to the Wildlife Board meeting in which the request for closure is to be made, the director of the division shall submit the following information to the chairman of the Wildlife Board:

(a) a copy of any information received from the political subdivision, including the information provided in Subsection R657-34-3(3);

(b) the technical evaluation prepared by the division; and

(c) the division's recommendations regarding the closure.

(2) The Wildlife Board shall consider the request for closure in an open public meeting.

(3)(a) At or within a reasonable time after the hearing, the chairman of the Wildlife Board shall notify the political subdivision in writing that the requested closure is confirmed or denied.

(b) If the Wildlife Board denies the requested closure, the notification shall include the reasons for the decision.

(4) If the requested closure is denied, the political subdivision may submit a request for reconsideration of the decision by following the procedures provided in Sections R657-2-16 or R657-2-22. The request for reconsideration is not a prerequisite for judicial review.

(5) The closure shall become effective concurrently with the proposed ordinance or policy.

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  • R657-1 — Repealed
  • R657-2
    — Adjudicative proceedings
  • R657-3 — Repealed
  • R657-3a
    — Collection, importation, transportation and possession of animals
  • R657-3b
    — Certification of registration — birds and mammals
  • R657-3c
    — Certification of registration — fish, mollusks and crustaceans
  • R657-4
    — Possession and release of pen-reared gamebirds
  • R657-5
    — Taking big game
  • R657-6
    — Taking upland game
  • R657-7
    — Repealed
  • R657-8
    — Repealed
  • R657-9
    — Taking waterfowl, snipe and coot
  • R657-10
    — Taking cougar
  • R657-11
    — Taking furbearers
  • R657-12
    — Hunting and fishing accommodations for people with disabilities
  • R657-13
    — Taking fish and crayfish
  • R657-14
    — Commercial harvesting of protected aquatic wildlife
  • R657-15
    — Closure of Gunnison, Cub and Hat Islands
  • R657-16
    — Repealed
  • R657-17
    — Lifetime hunting and fishing license
  • R657-18
    — Repealed
  • R657-19
    — Taking nongame mammals
  • R657-20
    — Falconry
  • R657-21
    — Cooperative Wildlife Management Units for small game and waterfowl
  • R657-22
    — Repealed
  • R657-23
    — Utah Hunter Education Program
  • R657-24
    — Compensation for mountain lion, bear, wolf or eagle damage
  • R657-25
    — Repealed
  • R657-26
    — Adjudicative proceedings for a license, permit, tag or certificate of registration
  • R657-27
    — License agent procedures
  • R657-28
    — Use of Division lands — rights of way, leases and special-use permits
  • R657-29
    — GRAMA
  • R657-30
    — Fishing license for the terminally ill
  • R657-31
    — Repealed
  • R657-32
    — Repealed
  • R657-33
    — Taking bear
  • R657-34
    — Procedures for confirmation of ordinances on hunting closures
  • R657-35
    — Repealed
  • R657-36
    — Repealed
  • R657-37
    — Cooperative Wildlife Management Units for big game or turkey
  • R657-38
    — Dedicated Hunter Program
  • R657-39
    — Wildlife Board and Regional Advisory Councils
  • R657-40
    — Wildlife rehabilitation
  • R657-41
    — Conservation and sportsman permits
  • R657-42
    — Fees, exchanges, surrenders, refunds and reallocation of wildlife documents
  • R657-43
    — Landowner permits
  • R657-44
    — Big game depredation
  • R657-45
    — Wildlife license, permit, and certificate of registration forms and terms
  • R657-46
    — Repealed
  • R657-47
    — Repealed
  • R657-48
    — Repealed
  • R657-49
    — Repealed
  • R657-50
    — Error remedy
  • R657-51
    — Poaching-reported reward permits
  • R657-52
    — Commercial harvesting of brine shrimp and brine shrimp eggs
  • R657-53
    — Amphibian and reptile collection, importation, transportation and possession
  • R657-54
    — Taking wild turkey
  • R657-55
    — Wildlife Expo Permits
  • R657-56
    — Lease of private lands for free public walk-in access
  • R657-57
    — Division variance rule
  • R657-58
    — Fishing contests and clinics
  • R657-59
    Repealed
  • R657-59a
    — Private fish ponds
  • R657-59b
    — Short-term fishing events
  • R657-59c
    — Aquaponics
  • R657-59d
    — Institutional aquaculture
  • R657-59e
    — Stocking into natural lakes, natural flowing streams or reservoirs on natural stream channels
  • R657-60
    — Aquatic invasive species interdiction
  • R657-61
    — Valuation of real property interests for purposes of acquisition or disposal
  • R657-62
    — Drawing application procedures
  • R657-63
    — Self defense against wild animals
  • R657-64
    — Predator control incentives
  • R657-65
    — Urban deer control
  • R657-66
    — Military Installation Permit Program
  • R657-67
    — Utah Hunter Mentoring Program
  • R657-68
    — Trial Hunting Authorization
  • R657-69
    — Turkey depredation
  • R657-70
    — Repealed
  • R657-71
    — Removal of wild deer from domesticated elk facilities