Administrative rule R657-41

Conservation and sportsman permits

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R657-41-1. Purpose and Authority.

(1) Under the authority of Sections 23A-2-304 and 23A-2-305, this rule provides the standards and procedures for issuing:

(a) conservation permits to conservation organizations for auction to the highest bidder at fundraising events;

(b) sportsman permits;

(c) Special Antelope Island State Park Conservation Permits to a conservation organization for auction to the highest bidder at the annual wildlife exposition held pursuant to Rule R657-55; and

(d) Special Antelope Island State Park Limited Entry Permits to successful applicants through a general drawing conducted by the division.

(2) The division and conservation organizations shall use all revenue derived from conservation permits under Subsections R657-41-9(4) and R657-41-9(5)(b) for the benefit of species for which conservation permits are 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 23A-1-101.

(2) In addition:

(a) "Area Conservation Permit" means a permit issued for a specific unit, subunit or hunt area for a conservation permit species, and may include an extended season, or legal weapon choice, or both, beyond the season.

(b) "Conservation Organization" means a nonprofit chartered institution, foundation, or association founded and operated for promoting the protection, preservation, and recreational hunting of one or more conservation permit species and has established tax exempt status under 26 U.S.C. Section 501(c)(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.

(d) "Conservation Permit Species" means the species for which conservation permits may be issued and includes deer, elk, pronghorn, moose, bison, mountain goat, Rocky Mountain bighorn sheep, desert bighorn sheep, wild turkey and black bear.

(e) "Retained Revenue" means 60% of the revenue raised by a conservation organization from auctioning conservation permits that the organization retains for eligible projects, including interest earned thereon less standard banking fees assessed on the account.

(f) "Special Antelope Island State Park Conservation Permit" means a permit authorized by the Wildlife Board to hunt bighorn sheep or mule deer on Antelope Island State Park which is issued pursuant to Section R657-41-12.

(g) "Special Antelope Island State Park Limited Entry Permit" means a permit authorized by the Wildlife Board to hunt bighorn sheep or mule deer on Antelope Island State Park which is 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.

(h) "Sportsman Permit" means a permit which allows a permittee to hunt during the applicable season dates specified in Subsection (i), and which is 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.

(i) "Statewide Conservation Permit" means a permit issued for a conservation permit species that allows a permittee to hunt:

(i) big game species on any open unit with archery equipment during the general archery season published in the big game guidebooks for the unit beginning before September 1;

(ii) big game species on any open unit during the following dates:

(A) bison from August 1 through January 31;

(B) pronghorn and moose from September 1 through November 15;

(C) bighorn sheep and mountain goats from September 1 through December 31; and

(D) deer and elk from September 1 through January 15;

(iii) two turkeys on any open unit from April 1 through May 31;

(iv) bear on any open unit during the season authorized by the Wildlife Board for that unit.

(v) "Permit voucher" or "voucher" means an authorization issued by the division that entitles the designated holder to purchase the hunting permit specified in the authorization.

R657-41-3. 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, distribution, and long-term health;

(b) the hunting and viewing opportunity for the general public, both short and long term;

(c) the potential revenue that will support protection and enhancement of the species; and

(d) the total number of public draw permits available by species on a unit, subunit, or hunt area.

(2) One statewide conservation permit may be authorized for each conservation permit species.

(3) A limited number of area conservation permits may be authorized as follows:

(a) the potential number of conservation permits available for Rocky Mountain bighorn sheep and desert bighorn sheep, assigned to a hunt area or combination of hunt areas, will be calculated based on the number of public draw permits issued the year before the permits being awarded using the following rule: 5–14 public permits = 1 conservation permit, 15–24 public permits = 2 conservation permits, 25–34 public permits = 3 conservation permits, 35–44 public permits = 4 conservation permits, 45–54 public permits = 5 conservation permits, 55–64 public permits = 6 conservation permits, 65–74 public permits = 7 conservation permits and >75 public permits = 8 conservation permits.

(b) the potential number of conservation permits available for the remaining conservation permit species, for any unit, subunit or hunt area, will be calculated based on the number of public draw permits issued the year prior to the permits being awarded using the following rule: 11–30 public permits = 1 conservation permit, 31–50 public permits = 2 conservation permits, 51–70 public permits = 3 conservation permits, 71–90 public permits = 4 conservation permits, 91–110 public permits = 5 conservation permits, 111–130 = 6 conservation permits, 131–150 public permits = 7 conservation permits and >150 public permits = 8 conservation permits.

(4) The number of conservation permits may be reduced if the number of public permits declines during the time period for which conservation permits were awarded.

(5) The actual number of conservation and sportsman permits available for use will be determined by the Wildlife Board.

(6) Area conservation permits shall be approved by the Wildlife Board in a separate process from approving the number of public drawing permits.

(7) One sportsman permit shall be authorized for each statewide conservation permit authorized.

R657-41-4. Eligibility for Conservation Permits.

(1) Statewide and area conservation permits may be awarded to eligible conservation organizations for auction to the highest bidder at fundraising events and through other authorized means of sale.

(2) To be eligible for conservation permits, a conservation organization must:

(a) satisfy the definition of a qualifying conservation organization;

(b) complete the application requirements in Section R657-41-5; and

(c) remain in good standing during the previous three-year term of participation and not subject to any suspension or revocation proceeding under Section R657-41-13.

(3) Conservation organizations applying for conservation permits may not apply for or obtain conservation permits if any officer or board of directors member of the conservation organization is an officer or board of directors member of any other conservation organization that is also applying to participate in the program.

R657-41-5. Applying for Conservation Permits.

(1)(a) Applications to participate in the conservation permit program will be accepted on a three-year application cycle uniformly applicable to all conservation organizations.

(b) A conservation organization wishing to apply for conservation permits must submit a complete application to the division by August 15 of the third year of the application cycle.

(c) Only one application per conservation organization may be submitted.

(d) Multiple chapters of the same conservation organization may not apply individually.

(2) 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 26 U.S.C. Section 501(c)(3), as amended;

(d) the name of the president or other individual responsible for the administrative operations of the conservation organization;

(e) evidence that the application and bid has been approved by the board of directors or other necessary authority from the bidding conservation organization; and

(f) a certification from the applicant that they have not consulted with any other participating conservation organization regarding the conservation permits they intend to acquire.

(3) An application that is incomplete or completed incorrectly may be rejected.

(4) The application of a conservation organization for conservation permits may be denied by the division for:

(a) failing to fully and accurately report on the preceding year's conservation permits;

(b) violating this rule, Title 23A, the Wildlife Resources Act, Title R657, a division guidebook or an order of the Wildlife Board; or

(c) violating any other law that bears a reasonable relationship to the applicant's ability to responsibly and lawfully handle conservation permits pursuant to this rule.

(5) Application denials may be appealed as described in Section R657-41-15.

R657-41-6. Approving New Conservation Organizations for the Program.

(1)(a) New applicants to the conservation permit program shall follow the same three-year application cycle established in Subsection R657-41-5(1).

(b) If multiple new conservation organizations submit valid applications during a single three-year application cycle:

(i) a maximum of two new organizations will be selected; and

(ii) conservation organizations will be selected based upon an evaluation of their historical contributions to conservation permit species in Utah.

(2)(a) Conservation organizations accepted into the conservation permit program for the first time will be awarded 0.5% in market share, as determined in Section R657-41-7.

(b) Market share awarded to new applicants will be drawn from each participating conservation organizations' market share in proportion to that organization's total market share.

(c) Newly accepted conservation organizations shall participate in the first three-year term on a probationary status.

(d) During their probationary term, a conservation organization must:

(i) sell all conservation permits each year at a hunt-related banquet or through an online auction with prior division approval;

(ii) diligently advertise and market each permit opportunity;

(iii) maintain a minimum of 75% or the originally awarded market share at the end of the three-year term; and

(iv) complete all mandatory reporting for auditing purposes.

(e) The division may deny an application from a conservation organization based upon their failure to meet the probationary requirements.

(f) Application denials may be appealed as described in Section R657-41-15.

(3)(a) A conservation organization that was once a program participant, but left the program while in good standing, may be reinstated during the three-year permitting cycle immediately following their departure from the program with the full market share the conservation permit organization had when they left the program.

(b) A conservation organization reentering the program under (3)(a):

(i) will receive market share drawn from each participating conservation organization in proportion to that organization's market share; and

(ii) may reenter the program regardless of the number of applications accepted from new conservation organizations under Subsection R657-41-6(1)(b).

R657-41-7. Awarding Conservation Permits.

(1)(a) Distribution of conservation permits will be based on a sequential selection process where each eligible conservation organization is assigned a position or positions in the selection order among the other participating organizations and awarded credits with which to purchase permits at an assigned value.

(b) Conservation organizations may not consult or coordinate with other conservation organizations regarding which conservation permits they intend to acquire before the permit selection process.

(2) Permits will be awarded to eligible conservation organizations for no more than three years.

(3) The division will determine the number of permits available.

(a) Season types for area conservation permits for elk on any given hunt unit will be designated and assigned in the following order:

(i) first permit — multi-season;

(ii) second permit — hunter's choice of season;

(iii) third permit — any-weapon, late season;

(iv) fourth permit — archery;

(v) fifth permit — any-weapon, mid season;

(vi) sixth permit — muzzleloader;

(vii) seventh permit — multi-season; and

(viii) eighth permit — hunter's choice of season.

(b) Season types for area conservation permits for deer on any given hunt unit will be designated and assigned in the following order:

(i) first permit — multi-season;

(ii) second permit — hunter's choice of season;

(iii) third permit — muzzleloader;

(iv) fourth permit — archery;

(v) fifth permit — multi-season;

(vi) sixth permit — hunter's choice of season;

(vii) seventh permit — muzzleloader; and

(viii) eighth permit — archery.

(c) If a unit is missing any of the season types listed in Subsection (3)(a) or (3)(b), that season type will be skipped and the next available season type will be assigned to the permit.

(d) Notwithstanding the availability of multiple seasons, an any-weapon permit opportunity offered in Subsections (3)(a) and (3)(b) is restricted to a single season, which the recipient of the permit must designate before receiving the permit.

(4) The division will assign a credit amount for each permit based on the average return for the permit during the previous three-year period. If a history is not available, the value will be estimated.

(5) The division will calculate the market total for the permit draft by summing all credit amounts from available conservation permits.

(6)(a) The division will calculate a market share for each eligible conservation organization applying for permits.

(b) Market share will be calculated and determined based on:

(i) the conservation organization's previous three years performance;

(ii) all conservation permits issued to a conservation organization; and

(iii) the percent of conservation permit revenue raised by a conservation organization during the three-year period relative to all conservation permit revenue raised during the same period by all conservation organizations applying for conservation permits.

(7) The division will determine the credits available to spend by each group in the selection process based on their market share multiplied by the market total.

(8)(a) If substantial changes to a hunt boundary or season date of a conservation permit occur during its three-year term, the division may cancel the permit for the remainder of the three-year term and assign an average sales price using prices from prior years within its three-year term.

(b) If minor changes to a hunt boundary or season date of a conservation permit occur during its three-year term, the division may:

(i) cancel the permit for the remainder of the three-year term and assign a sales price under Subsection (8)(a); or

(ii) allow the conservation organization to sell the permit for the remainder of the three-year term.

(9) The division will establish a selection order for the participating conservation organizations based on the relative value of each groups market share as follows:

(a) groups will be ordered based on their percent of market share;

(b) each selection position will cost a group 10% of the total market share except the last selection by a group will cost whatever percent a group has remaining;

(c) no group can have more than three positions in the selection order; and

(d) the selection order will be established as follows:

(i) the group with the highest market share will be assigned the first position and 10% will be subtracted from their total market share;

(ii) the group with the highest remaining market share will be assigned the second position and 10% will be subtracted from their market share; and

(iii) this procedure will continue until all groups have three positions or their market share is exhausted.

(10) At least one week before the permit selection meeting, the division will provide each conservation organization applying for permits the following items:

(a) a list of permits available with assigned value;

(b) documentation of the calculation of market share;

(c) credits available to each conservation group to use in the selection process;

(d) the selection order; and

(e) date, time and location of the selection meeting.

(11) At the selection meeting, conservation organizations will select permits from the available pool according to their respective positions in the selection order. For each permit selected, the value of that permit will be deducted from the conservation organization's available credits. The selection order will repeat itself until all available credits are used or all available permits are selected.

(12) Conservation organizations may continue to select a single permit each time their turn comes up in the selection order until all available credits are used or all available permits are selected.

(13) A conservation organization may not exceed its available credits, except a group may select their last permit for up to 10% of the permit credit amount above their remaining credits.

(14) Conservation organizations may not trade or transfer permits.

(15) The division will notify the Wildlife Board as to the results of the conservation permit distribution.

(16) Conservation organizations failing to comply with the reporting requirements in any given year during the period may lose the conservation permits for the balance of the award period.

(17) If a conservation organization cannot complete the terms of auctioning or otherwise selling assigned permits, the permits will be returned to the regular public drawing process for the duration of the allocation period.

R657-41-8. Distributing Conservation Permits.

(1) Conservation organizations shall obtain a certificate of registration and contract with the division to receive conservation permits and authorize the sale of those conservation permits.

(2)(a) Conservation organizations receiving the opportunity to distribute permits must ensure the permit opportunities are marketed, auctioned, and distributed by lawful means.

(b) Conservation permit vouchers may not be purchased or redeemed by officers, agents, directors or employees of a conservation permit organization unless:

(i) the voucher was sold at an in-person banquet or fundraiser hosted by the conservation organization;

(ii) the sale was administered by an auctioneer; and

(iii) the sales process was administered in a manner so as to secure fair market value for the voucher.

(3)(a) The conservation organization must:

(i) obtain the following information at the time of sale:

(A) full name of the successful bidder;

(B) date the permit opportunity is auctioned; and

(C) winning bid amount for that permit opportunity;

(ii) submit the information required in Subsection (3)(a)(i) to the division within 10 days of the event where the permit opportunity is auctioned to the highest bidder; and

(iii) identify the individual who is authorized to redeem the conservation permit voucher and submit it to the division before the individual attempting to redeem the voucher.

(b) The division will not issue a conservation permit unless required information about the winning bidder and authorized recipient of the voucher is first received by the division.

(c)(i) An absentee bidder may only use an agent or representative to bid on a conservation permit opportunity on their behalf if authorized by the conservation organization.

(ii) A winning bid offered by an agent or representative on behalf of an absentee bidder legally obligates the absentee bidder to satisfy the bid obligation submitted by the representative.

(iii) For the purposes of this rule, an absentee bidder is considered the successful bidder when the winning bid is offered by their agent or representative.

(4)(a) If the successful bidder or a person designated by the successful bidder to receive a conservation permit voucher fails to pay the conservation organization the winning bid amount that secured the permit opportunity, the conservation organization may remarket the permit opportunity using any legal means and designate another person to receive the permit opportunity.

(b) Conservation Organization may award the conservation permit voucher to the runner-up bidder if:

(i) the runner-up bidder information is available:

(ii) the original value is collected by the conservation organization:

(A) receiving the difference between the runner-up bid from the original winning bidder; or

(B) the runner-up bidder is willing to match the original high bid.

(5)(a) If, for any reason, the successful bidder elects not to personally use a conservation permit opportunity, they may assign that opportunity to another person, provided:

(i) the conservation organization is notified of the assignment;

(ii) the original winning bid amount for the permit opportunity is received in full by the conservation organization and not decreased;

(iii) the conservation organization handles and otherwise uses the entire winning bid amount consistent with the requirements in Section R657-41-9;

(iv) the successful bidder executes an affidavit verifying they are not profiting from the assignment; and

(v) the successful bidder separates all fees for guiding services from any transaction associated with assigning the permit opportunity.

(b) If a person assigned a permit opportunity by the successful bidder or a person possessing a permit voucher cannot use the permit opportunity for any reason, including obtaining another Utah permit for the same species, the conservation organization may remarket the permit opportunity using any legal means and designate another person to receive the opportunity, provided:

(i) the conservation organization selects the new recipient of the permit opportunity;

(ii) the amount of money received by the division for the permit opportunity is not decreased;

(iii) the conservation organization relinquishes to the division and otherwise uses all proceeds generated from the re-designated permit opportunity consistent with the requirements in Section R657-41-9;

(iv) the conservation organization and the holder of the permit opportunity execute an affidavit verifying neither is profiting from transferring the right to the permit; and

(v) the permit has not been issued by the division to the first designated person.

(6) Except as otherwise provided under Subsections (4) and (5), neither the conservation organization, successful bidder, successful bidder's assignee, nor the holder of a conservation permit voucher may offer for sale, sell, or transfer the rights to that designation to any other person.

(7) A person cannot obtain more than one conservation permit for a single conservation permit species per year, except:

(a) two elk permits may be obtained, provided one or both are antlerless permits; and

(b) turkey.

(c) A person may obtain both a desert bighorn ram permit and Rocky Mountain bighorn ram conservation permit in a single year.

(8) The person designated on a conservation permit voucher must possess or obtain a current Utah hunting or combination license to redeem the voucher for the corresponding conservation permit.

R657-41-9. Conservation Permit Funds and Reporting.

(1) All permits must be auctioned or distributed by August 15, annually.

(2) Within 30 days of the last event, but no later than August 15 annually, the conservation organization must submit to the division:

(a) a final report on the distribution of permits;

(b) the total funds raised on each permit; and

(c) the funds due to the division.

(3)(a) Conservation permits may not be issued to a person possessing a conservation permit voucher unless the person redeeming the voucher:

(i) possesses a valid Utah hunting or combination license;

(ii) remits to the division the applicable permit fee; and

(iii) is otherwise legally eligible to possess the particular hunting permit.

(b) If the conservation organization is paying the permit fees for the permit recipient, the fees must be paid from the 10% retained by the conservation organization as provided in Subsection (5)(a).

(4)(a) Conservation organizations shall remit to the division by August 15 of each year 30% of the total revenue generated by conservation permit sales in that year.

(b) The permit revenue payable to the division under Subsection (4)(a), is the property of the division and may not be used by conservation organizations for projects or any other purpose.

(c) The permit revenue must be placed in a federally insured account promptly upon receipt and remain in the account until remitted to the division on or before August 15 of each year.

(d) The permit revenue payable to the division under this subsection may not be used by the conservation organization as collateral or commingled in the same account with the organization's operation and administration funds, so that the separate identity of the permit revenue is not lost.

(e) Failure to remit 30% of the total permit revenue to the division by the August 15 deadline may result in criminal prosecution under Title 76, Chapter 6, Part 4, and may further disqualify the conservation organization from obtaining any future conservation permits.

(5) A conservation organization may retain 70% of the permit revenue generated from auctioning conservation permits, as follows:

(a) 10% of the permit revenue may be withheld and used by the conservation organization for administrative expenses.

(b) 60% of the permit revenue and accrued interest, excluding standard banking fees assessed on the account where the permit revenue is deposited, may be retained and used by the conservation organization only for eligible projects, as provided in Subsections (i) through (xii).

(i) Eligible projects include habitat improvement, habitat acquisition, transplants, targeted education efforts and other projects providing a substantial benefit to species of wildlife for which conservation permits are issued, unless the division and conservation organization mutually agree in writing that there is a higher priority use for other species of protected wildlife.

(ii) Retained revenue may not be committed to or expended on any eligible project without first obtaining the division director's written concurrence.

(iii) Retained revenue may not be used on any project that does not provide a substantial and direct benefit to conservation permit species or other protected wildlife located in Utah.

(iv) For direct purchases, the division may require conservation organizations to engage in a competitive bid process or otherwise document benefits to a conservation permit species as a prerequisite to division approval.

(v) Cash donations to the Wildlife Habitat Account created under Section 23A-3-207, Division Species Enhancement Funds, or the Conservation Permit Fund shall be considered an eligible project and do not require the division director's approval, provided the donation is made with instructions that it be used for species of wildlife for which conservation permits are issued.

(vi) Funds committed to approved division projects will be transferred to the division within 60 days of being invoiced by the division.

(vii) If the division-approved project to which funds are committed is completed under projected budget or is canceled, funds committed to the project that are not used will be kept by the division and credited back to the conservation organization but will be made available for the group to use on other approved projects during the current or subsequent year.

(viii) Retained revenue shall be spent in a manner that is consistent with the division's strategic plan and or consistent with a management plan for a conservation permit species.

(ix) Retained revenue under this subsection must be placed in a federally insured account. All interest revenue earned thereon must be accounted for and used consistent with the requirements of this subsection.

(x) Retained revenue may not be used by the conservation organization as collateral or commingled in the same account with the organization's operation and administration funds, so that the separate identity of the retained revenue is not lost.

(xi) Retained revenue must be completely expended on approved eligible projects or transferred to the division by August 15, two years following the year in which the relevant conservation permits are awarded to the conservation organization by the Wildlife Board. Failure to expend or transfer to the division retained revenue by the August 15 deadline will disqualify the conservation organization from obtaining any future conservation permits until the unspent retained revenue is expended on an approved eligible project or transferred to the division.

(xii) All records and receipts for projects under this subsection must be retained by the conservation organization for a period not less than five years, and shall be produced to the division for inspection upon request.

(6)(a) Conservation organizations accepting permits shall be subject to annual audits on project expenditures and conservation permit accounts.

(b) The division shall perform annual audits on project expenditures and conservation permit accounts.

R657-41-10. 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 bighorn (ram);

(f) mountain goat (hunter's choice);

(g) bull moose;

(h) buck pronghorn;

(i) black bear; and

(j) wild turkey.

(2) The following information on sportsman permits is provided in the guidebooks of the Wildlife Board for taking protected wildlife:

(a) hunt dates;

(b) open units or hunt areas;

(c) application procedures;

(d) fees; and

(e) deadlines.

(3) A person must possess or obtain a current Utah hunting or combination license to apply for or obtain a sportsman permit.

R657-41-11. Using a Conservation or Sportsman Permit.

(1)(a) A conservation or sportsman permit allows the recipient to take only one individual of the species for which the permit is issued, except a statewide turkey conservation or sportsman permit allows the holder to take two turkeys.

(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.

(d) The species may be taken only with the weapon specified on the permit.

(2) The recipient of a conservation or sportsman permit is subject to Title 23A, the Wildlife Resources Act, and the rules and guidebooks of the Wildlife Board for taking and pursuing wildlife.

(3) Bonus points may 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 obtains a conservation or sportsman permit is subject to applicable waiting periods for purposes of obtaining a permit for the same species through a division drawing, as provided in Rule R657-62.

R657-41-12. Miscellaneous Area Conservation Permit Provisions.

(1) Area conservation permits issued for limited entry units are not valid on cooperative wildlife management units authorized for the same species of wildlife as the area conservation permit.

(2) Notwithstanding Subsection R657-41-2(2)(a), area conservation permits issued for turkey are not valid during the youth general season hunt unless the holder qualifies as a youth.

(3) Area conservation permits for bighorn sheep will end on December 31st.

(4) The Box Elder, Pilot Mountain Rocky Mountain bighorn sheep unit, is closed to both the Sportsman permit holder and the Statewide conservation permit holder.

R657-41-13. Special Antelope Island State Park Hunting Permits.

(1)(a) The Wildlife Board may authorize a hunt for bighorn sheep and buck mule deer on Antelope Island State Park, with one or more permits made available for each species and designated as Special Antelope Island State Park Conservation Permits and an equal number of permits for each species made available as Special Antelope Island State Park Limited Entry Permits.

(b) The division and the Division of State Parks, through their respective policy boards, will enter into a cooperative agreement for purposes of establishing:

(i) the number of permits issued annually for bighorn sheep and buck mule deer hunts on Antelope Island;

(ii) season dates for each hunt;

(iii) procedures and regulations applicable to hunting on Antelope Island;

(iv) protocols for issuing permits and conducting hunts for antlerless deer on Antelope Island when populations require management; and

(v) procedures and conditions for transferring Special Antelope Island State Park Conservation Permit revenue to the Division of State Parks.

(c) The cooperative agreement governing bighorn sheep and mule deer hunting on Antelope Island, and any subsequent amendment thereto, shall be presented to the Wildlife Board and the Utah State Parks Board for approval before holding a drawing or issuing hunting permits.

(2)(a) Special Antelope Island State Park Limited Entry Permits will be issued by the division through its annual bucks, bulls, and once-in-a-lifetime drawing.

(i) The mule deer Special Antelope Island State Park Limited Entry Permit is a premium limited entry buck deer permit and subject to the regulations governing such permits, as provided in this rule, Rule R657-5, and Rule R657-62.

(ii) The bighorn sheep Special Antelope Island State Park Limited Entry Permit is a once-in-a-lifetime Rocky Mountain bighorn sheep permit and subject to the regulations governing such permits, as provided in this rule, Rule R657-5, and Rule R657-62.

(b) To apply for a Special Antelope Island State Park Limited Entry Permit, the applicant must:

(i) pay the prescribed application handling fee;

(ii) possess a current Utah hunting license or combination license;

(iii) not be subject to a waiting period under Rule R657-62 for the species of wildlife applied for; and

(iv) otherwise be eligible to hunt the species of wildlife designated on the application;

(c) A person that obtains a Special Antelope Island State Park Limited Entry Permit:

(i) must pay the applicable permit fee;

(ii) may take only one animal of the species and sex designated on the permit;

(iii) may hunt only with the weapon and during the season prescribed on the permit;

(iv) may hunt the specified species within the areas of Antelope Island designated open by the Wildlife Board and the rules of the Division of State Parks; and

(v) is subject to the:

(A) Title 23A, the Wildlife Resources Act, and the rules and guidebooks of the Wildlife Board for taking and pursuing wildlife; and

(B) statutes and rules of the Division of State Parks for hunting on Antelope Island.

(d) Bonus points are awarded and utilized in applying for and obtaining a Special Antelope Island State Park Limited Entry Permit.

(e) A person who has obtained a Special Antelope Island State Park Limited Entry Permit is subject to all waiting periods applicable to the particular species, as provided in Rule R657-62.

(f) A person cannot obtain a Special Antelope Island State Park Limited Entry Permit for a Rocky Mountain bighorn sheep or mule deer and any other permit for a male animal of the same species in the same year.

(3) Special Antelope Island State Park Conservation Permits will be provided to the conservation group awarded the wildlife expo permit series, as provided in Rule R657-55, for auction to the highest bidder at the wildlife exposition.

(a) Conservation organizations shall obtain a certificate of registration and contract with the division to receive authorization to auction Special Antelope Island State Park Conservation Permits.

(b) The conservation organization receiving authority to auction the opportunity for Special Antelope Island State Park Conservation Permits must ensure the permits are marketed and distributed by lawful means.

(4)(a) When auctioning the Special Antelope Island State Park Conservation Permits, the conservation organization must:

(i) obtain the following information:

(A) full name of the successful bidder;

(B) date of the event where the permit opportunity is auctioned; and

(C) winning bid amount for that permit opportunity;

(ii) submit the information required in Subsection (4)(a)(i) to the division within 10 days of the event where the permit opportunity is auctioned to the highest bidder; and

(iii) identify the individual who is authorized to redeem the conservation permit voucher and submit it to the division before the individual attempting to redeem the voucher.

(b) The division will not issue a Special Antelope Island State Park Conservation Permit unless information on the winning bidder and authorized recipient of the voucher is first received by the division.

(c)(i) an absentee bidder may only use an agent or representative to bid on a conservation permit opportunity on their behalf if authorized by the conservation organization.

(ii) A winning bid offered by an agent or representative on behalf of an absentee bidder legally obligates the absentee bidder to satisfy the bid obligation submitted by the representative.

(iii) For the purposes of this rule, an absentee bidder is considered the successful bidder when the winning bid is offered by their agent or representative.

(5)(a) If the successful bidder or the person designated by a successful bidder to receive a Special Antelope Island State Park Conservation Permit fails to pay the conservation organization the winning bid amount, the conservation organization may remarket the permit opportunity using any legal means and designate another person to receive the permit opportunity.

(b) Conservation Organization may award the conservation permit voucher to the runner-up bidder if:

(i) the runner-up bidder information is available:

(ii) the original value is collected by the conservation organization:

(A) receiving the difference between the runner-up bid from the original winning bidder; or

(B) the runner-up bidder is willing to match the original high bid

(6)(a) If, for any reason, the successful bidder elects not to personally use a Special Antelope Island State Park Permit opportunity, they may assign that opportunity to another person, provided:

(i) the conservation organization is notified of the assignment;

(ii) the original winning bid amount for the permit opportunity is received in full by the conservation organization and not decreased;

(iii) the conservation organization handles and otherwise uses the entire winning bid amount consistent with the requirements in Subsection (9); and

(iv) the successful bidder executes an affidavit verifying they are not profiting from the assignment.

(A) For purposes of Subsection (iv), profiting does not include a reasonable fee for guiding services provided in conjunction with the assigned permit opportunity.

(b) If a person assigned a Special Antelope Island State Park Conservation Permit opportunity by the successful bidder or a person possessing the permit voucher cannot use the permit opportunity for any reason, including obtaining another Utah permit for the same species, the conservation organization may remarket the permit opportunity using any legal means and designate another person to receive the opportunity, provided:

(i) the conservation organization selects the new recipient of the permit opportunity;

(ii) the amount of money received by the division for the permit opportunity is not decreased;

(iii) the conservation organization relinquishes to the division all proceeds generated from the re-designated permit, as provided in Subsection (9);

(iv) the conservation organization and the holder of the permit opportunity execute an affidavit verifying neither is profiting from transferring the right to the permit; and

(v) the permit has not been issued by the division to the first designated person.

(7) Within 30 days of the exposition, but no later than May 1 annually, the conservation organization must submit to the division:

(a) a final report on the distribution of the Special Antelope Island State Park Conservation Permits;

(b) the total funds raised on each permit; and

(c) the funds due to the division.

(8)(a) Permits may not be issued until the applicable permit fees are paid to the division.

(b) If the conservation organization is paying the permit fees for the permit recipient, the fees must be paid from the 10% retained by the conservation organization as provided in Subsection (9)(b).

(9)(a)(i) Conservation organizations shall remit to the division 90% of the total revenue generated by the Special Antelope Island State Park Conservation Permit sales in that year.

(ii) Failure to remit 90% of the total permit revenue to the division by the August 15 deadline may result in criminal prosecution under Title 76, Chapter 6, Part 4, Theft.

(b) A conservation organization may retain 10% of the revenue generated by the permits for administrative expenses.

(c) Special Antelope Island State Park Conservation Permits will be issued under this section and will not be limited by the requirements of Sections R657-41-3 through R657-41-8.

(d) Upon receipt of the permit revenue from the conservation organization, the division will transfer the revenue to the Division of State Parks, as provided in the cooperative agreement under Subsection (1)(b) between the two divisions.

(10)(a) Except as otherwise provided under Subsections (5) and (6), neither the conservation organization, successful bidder, successful bidder's assignee, nor the holder of a Special Antelope Island State Park Conservation Permit voucher may offer for sale, sell, or transfer the rights to that designation to any other person.

(b) A person cannot obtain a Special Antelope Island State Park Conservation Permit for a Rocky Mountain bighorn sheep or mule deer and any other permit for a male animal of the same species in the same year.

(c) The person designated to receive a Special Antelope Island State Park Conservation Permit must possess or obtain a current Utah hunting or combination license before being issued the permit.

(11) Antelope Island is not an open unit for hunting any species of wildlife authorized by a conservation or sportsman permit, except for the Special Antelope Island State Park Conservation Permits and the Special Antelope Island State Park Limited Entry Permits.

R657-41-14. Violations and Suspension.

(1) The division or the Wildlife Board may suspend a conservation organization's certificate of registration to participate in the conservation permit program under Section 23A-4-1106 and Rule R657-26 if a principal or agent of a participating conservation organization:

(a) violated this rule or Title 76, Chapter 6, Part 4, Theft; 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 participating conservation organization bears a reasonable relationship to their participation in the program.

R657-14-15. Agency Action and Administrative Appeals.

(1) Notwithstanding Section R657-41-14, the procedures governing agency 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.

(2) An aggrieved party to a final division action under this rule may file a request for agency action with the division under Rule R657-2.

(3) The director or a designee appointed by the director shall be the presiding officer for any adjudicative proceedings initiated under this section.