Administrative rule R657-42

Fees, exchanges, surrenders, refunds and reallocation of wildlife documents

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R657-42-1. Purpose and Authority.

(1) Under the authority of Sections 23A-4-201 and 23A-4-207, the Division may issue wildlife documents in accordance with the rules of the Wildlife Board.

(2) This rule provides the standards and procedures for the:

(a) exchange of permits;

(b) surrender of wildlife documents;

(c) refund of wildlife documents;

(d) reallocation of permits; and

(e) assessment of late fees.

R657-42-2. Definitions.

(1) Terms used in this rule are defined in Section 23A-1-101 and the applicable rules and guidebooks of the Wildlife Board.

(2) In addition:

(a) "Alternate drawing lists" means a list of persons who have not already drawn a permit and would have been the next person in line to draw a permit.

(b) "CWMU" means cooperative wildlife management unit.

(c) "Deployed or mobilized" means that a person provides military or emergency services in the interest of national defense or national emergency pursuant to the demand, request or order of their employer.

(d) "General season permit" means any:

(i) bull elk, buck deer, or turkey permit identified in the guidebooks of the Wildlife Board as a general season permit;

(ii) antlerless permit for elk, deer, or pronghorn antelope; or

(e) "Landowner association operator" for purposes of this rule, means:

(i) a landowner association or any of its members eligible to receive limited entry landowner permits as provided in Rule R657-43; or

(ii) CWMU - landowner association or its designated operator as provided in Rule R657-37.

(f) "Limited entry permit" means any permit, including a CWMU, conservation, expo, sportsman, or limited entry landowner permit, identified in the guidebooks of the Wildlife Board as limited entry or premium limited entry for the following;

(i) bull elk, buck deer, buck pronghorn, bear or turkey; and

(ii) antlerless moose.

(g) "Once-in-a-lifetime permit" means any permit, including a CWMU, conservation, expo, sportsman, or limited entry landowner permit, identified in the guidebooks of the Wildlife Board as once-in-a-lifetime for the following:

(i) bison, bull moose, Rocky Mountain goat; and

(ii) desert bighorn sheep, and Rocky Mountain bighorn sheep.

(h) "Wildlife document" means any license, permit, tag, or certificate of registration issued by the Division.

R657-42-3. Exchanges.

(1)(a) Any person who has obtained a general buck deer or a general bull elk permit may exchange that permit for any other available general permit if both permits are for the same species and sex.

(b) A person must make general buck deer and general bull elk permit exchanges at any Division office before the season opening date of the permit to be exchanged.

(2) Any person who has obtained a limited entry bear any weapon or limited entry bear archery permit may exchange that permit for a limited entry bear archery or limited entry bear any weapon permit, respectively.

(3) The Division may charge a handling fee for the exchange of a permit.

R657-42-4. Surrenders.

(1) Any person who has obtained a wildlife document and decides not to use it, may surrender the wildlife document to any Division office.

(2) Any person who surrenders a wildlife document prior to the season opening date is eligible for the following:

(a) waiving the waiting period normally assessed;

(b) if bonus points apply to the permit opportunity being surrendered, reinstating the number of previously acquired bonus points, provided:

(i) the wildlife document is surrendered more than 30 days before the start of the season for which the permit is valid; or

(ii) if the results of the drawing are not posted until less than 30 days before the start of the season, and the hunter surrenders the permit prior to the opening day of the season for which the permit is valid;

(c) if preference points apply to the permit opportunity being surrendered, reinstating the number of previously acquired preference points, provided:

(i) the wildlife document is surrendered more than 30 days before the start of the season for which the permit is valid; or

(ii) if the results of the drawing are not posted until less than 30 days before the start of the season, and the hunter surrenders the permit prior to the opening day of the season for which the permit is valid;

(d) purchasing a reallocated permit or any other permit available for which the person is eligible, and receiving a preference point in lieu of that surrendered permit, if applicable; or

(e) receiving a refund as provided in Section R657-42-5.

(3) A CWMU permit must be surrendered prior to the applicable season opening date provided by the CWMU operator, except as provided in Section R657-42-11.

(4) Dedicated hunter participants must surrender their permits prior to the general archery deer season, except as provided in Section R657-38-6.

(5) A person surrendering a wildlife document received through a group application is eligible for the following:

(a) if all group members surrender their permits more than 30 days before the start of the season for which the permit is valid, all group members may:

(i) have previously acquired bonus points or preference points reinstated;

(ii) any waiting period normally assessed may be waived; and

(iii) applicants may be eligible for a refund consistent with Section R657-42-5;

(b) except as identified in Subsection (c), if a group member fails to surrender their permit more than 30 days before the start of the season for which the permit is valid, all group members lose bonus points or preference points applicable to that hunt, but applicants who have surrendered may have the normally-assessed waiting period waived; and

(c) if an individual in a group surrenders a general season permit to obtain a reallocated permit, then all group members are eligible to:

(i) have previously acquired preference points reinstated;

(ii) receive a preference point for that year's application; and

(iii) receive a refund on the general season permit consistent with Section R657-42-5.

(6) Notwithstanding the limitations in this section, a person who obtains a permit through a group application may surrender that permit after the opening date of the applicable hunting season and have previously acquired bonus points or preference points for the permit species restored, provided the person:

(a) is a member of United States Armed Forces or public health or public safety organization and is deployed or mobilized in the interest of national defense or national emergency;

(b) surrenders the permit to the Division, with the tag attached and intact, or signs an affidavit verifying the permit is no longer in their possession within one year of the end of hunting season authorized by the permit; and

(c) satisfies the requirements for receiving a refund in Subsections R657-42-5(3)(c) and (d).

(7) The Division may not issue a refund, except as provided in Sections 23A-4-207, 23A-4-301 and R657-42-5.

(8) For the purposes of this section, each reference to restoring previously acquired bonus points or preference points is limited to those points utilized in acquiring the wildlife document to be surrendered.

R657-42-5. Refunds.

(1) The refund of a license, certificate of registration or permit shall be made in accordance with:

(a) Section 23A-4-207 and Rule R657-50;

(b) Section 23A-4-301 and Subsection (3); or

(c) Section 23A-4-207 and this section.

(2)(a) An application for a refund may be obtained from any Division office.

(b) All refunds must be processed through the Salt Lake Division office.

(c) Except for an individual applying for a refund under Subsection (3), an individual may apply for a refund up to 90 days after the expiration of the wildlife document.

(d) The Division may reject an application for a refund that is incomplete.

(3) A person may receive a refund for a wildlife document if that person was deployed or mobilized on or after September 11, 2001, in the interest of national defense or national emergency and is thereby completely precluded from participating in the hunting or fishing activity authorized by the wildlife document, provided:

(a) the refund request is made to the Division within one year of the end of the hunting or fishing season authorized by the wildlife document;

(b) the person surrenders the wildlife document to the Division, or signs an affidavit stating the wildlife document is no longer in the person's possession; and

(c) the person verifies that the deployment or mobilization completely precluded them from participating in the activity authorized by the wildlife document; and

(d) the person provides military orders, or a letter from an employment supervisor on official public health or public safety organization letterhead stating:

(i) the branch of the United States Armed Forces, or name of the public health organization or public safety organization from which they were deployed or mobilized; and

(ii) the nature and length of their duty while deployed or mobilized.

(4) The Division may issue a refund for a wildlife document if the person to whom it was issued dies before participating in the hunting or fishing activity authorized by the wildlife document, provided the person legally entitled to administer the decedent's estate provides the Division with:

(a) picture identification;

(b) letters testamentary, letters of administration, or such other evidence establishing the person is legally entitled to administer the affairs of the decedent's estate;

(c) a photocopy of the decedent's certified death certificate; and

(d) the wildlife document for which a refund is requested.

(5)(a)(i) A person may receive a refund for a once-in-a-lifetime or limited-entry permit provided the permit is surrendered to the Division no less than 30 days before the season opening date identified on the permit.

(ii) A person may receive a refund for a general season permit that must be surrendered to accept a reallocated limited entry permit for the same species.

(b) The established wildlife document refund fee will not be assessed on general season permits surrendered under Subsection (5)(a)(ii).

(6) The Division may issue a refund for a wildlife document if the person to whom it was issued was precluded from participating in the activity authorized by the wildlife document due to COVID-19 related personal health concerns or general public health restrictions imposed by the federal government, a state, or a local government.

(7) The director may determine that a person did not have the opportunity to participate in an activity authorized by the wildlife document.

(8) Notwithstanding any other provision of this rule, the Division may reinstate a bonus point or preference point, whichever applies, and waive waiting periods, if applicable, when issuing a refund in accordance with this section.

R657-42-6. Reallocation of Permits.

(1)(a) The Division may reallocate surrendered limited entry and once-in-a-lifetime permits.

(b) The Division shall not reallocate general season permits for big game and turkey, but the number of permits surrendered may be added to the appropriate permit quota the following year.

(2)(a) Any limited entry, once-in-a-lifetime or public CWMU permit surrendered to the Division and reallocated through the drawing process shall be awarded by contacting the next person listed on the alternate drawing list or as provided in Subsection (b).

(b) A person who is denied a permit due to an error in issuing permits may be placed on the alternate drawing list to address the error, if applicable, in accordance with Rule R657-50.

(c) The alternate drawing lists are classified as private and therefore, protected under the Government Records Access Management Act.

(d) The Division shall make a reasonable effort to contact the next person on the alternate list using contact information provided by the applicant.

(e) If the next person, who would have drawn the limited entry, once-in-a-lifetime or public CWMU permit, does not accept the permit or the Division is unable to contact that person after reasonable efforts are made, the reallocation process will continue until the Division has reallocated the permit or the season closes for that permit.

(3) If the next person, who would have drawn the limited entry, once-in-a-lifetime or public CWMU permit has obtained a permit, that person may be required to surrender the previously obtained permit in accordance with Subsection R657-42-4(2) and any other applicable rules and guidebooks of the Wildlife Board.

(4) Any private CWMU permit surrendered to the Division will be reallocated by the landowner through a voucher, issued to the landowner by the Division in accordance with Rule R657-37.

R657-42-7. Reallocated Permit Cost.

(1) Any person who accepts the offered reallocated permit must pay the applicable permit fee.

(2) The Division may not issue a refund, except as provided in Section R657-42-5.

R657-42-8. Accepted Payment of Fees.

(1) Personal checks, business checks, money orders, cashier's checks, and credit or debit cards are accepted for payment of wildlife documents.

(2) Personal or business checks drawn on an out-of-state account are not accepted.

(3) Third-party checks are not accepted.

(4) All payments must be made payable to the Utah Division of Wildlife Resources.

(5)(a) Credit or debit cards must be valid at least 30 days after any drawing results are posted.

(b) Checks, and credit or debit cards will not be accepted as combined payment on single or group applications.

(c) If applicants are applying as a group, all fees for all applicants in that group charged to a credit or debit card may be charged to multiple cards.

(d) Handling fees and donations are charged to the credit or debit card when the application is processed.

(e) Application amendment fees must be paid by credit or debit card.

(f) Permit fees may be charged to the credit or debit card prior to the posting date of the drawings, if successful.

(g) The Division shall not be held responsible for bank charges incurred for the use of credit or debit cards.

(6)(a) An application is voidable if the check is returned unpaid from the bank or the credit or debit card is invalid or refused.

(b) The Division charges a returned check collection fee for any check returned unpaid.

(7)(a) A license or permit is voidable if the check is returned unpaid from the bank or the credit or debit card is invalid or refused.

(b) The Division may attempt to contact the successful applicant to collect payment prior to voiding the license or permit.

(8)(a) A license or permit received by a person shall be deemed invalid if payment for that license or permit is not received, or a check is returned unpaid from the bank, or the credit or debit card is invalid or refused.

(b) A person must notify the Division of any change of credit or debit card numbers if the credit or debit card is invalid or refused.

(9) Hunting with a permit where payment has not been received for that permit constitutes a violation of hunting without a valid permit.

(10) The Division may require a money order or cashier's check to correct payment for a license, permit, or certificate of registration.

(11) Any person who fails to pay the required fee for any wildlife document, shall be ineligible to obtain any other wildlife document until the delinquent fees and associated collection costs are paid.

(12) The Division may take any of the following actions when a wildlife document is voided for nonpayment or remains unissued and unpaid:

(a) reissue the wildlife document using the alternate drawing list for that document;

(b) reissue the wildlife document over-the-counter; or

(c) elect to withhold the wildlife document from reissuance.

(13) The Division may reinstate the applicant's bonus points or preference points and waive waiting periods, where applicable, when:

(a) voiding a permit in accordance with this section and the permit is reallocated;

(b) withholding a wildlife document from a successful applicant for nonpayment and the permit is reallocated; or

(c) full payment is received by the successful applicant on a voided or withheld wildlife document that is not reallocated.

R657-42-9. Assessment of Late Fees.

(1) Any wildlife application submitted under the Utah Administrative Code Rules provided in Subsections (a) through (e), within 30 days of the applicable application deadline established in such rules, in the guidebooks of the Wildlife Board, or by the Division may be processed only upon payment of a late fee as provided by the approved fee schedule.

(a) Rule R657-52, Commercial Harvesting of Brine Shrimp and Brine Shrimp Eggs;

(b) Rule R657-21, Cooperative Wildlife Management Units for Small Game;

(c) Rule R657-22, Commercial Hunting Areas;

(d) Rule R657-37, Cooperative Wildlife Management Units for Big Game; or

(e) Rule R657-43, Landowner Permits.

(2) Any person who fails to report their Big Game hunt information pursuant to Rule R657-5 may reinstate their eligibility to apply for a Big Game or antlerless permit, bonus point, or preference point the following year provided:

(a) the survey is completed and submitted to the Division before the close of the relevant application period established in the guidebook.

(b) appropriate fees are paid to the Division; and

(c) the accepted payment method is done via credit or debit card.

(3) Any person who fails to report their Swan hunt information pursuant to Section R657-9-7, within 30 calendar days of the ending season date for their Swan hunt may apply for a Swan permit in the following year provided:

(a) the survey is completed and submitted to the Division before the close of the Swan application period established in the guidebook of the Wildlife Board for taking waterfowl; or

(b) the late fee established in the approved fee schedule is paid to the Division; and

(c) the accepted method of payment of fee is only a credit or debit card.

R657-42-10. Duplicates.

(1) If an unexpired wildlife document is destroyed, lost or stolen, a person may obtain a duplicate from a Division office or online license agent for a duplicate fee as provided in the fee schedule.

(2) The Division may waive the fee for a duplicate unexpired wildlife document, provided the person did not receive the original wildlife document.

(3) To obtain a duplicate wildlife document, the applicant may be required to complete an affidavit testifying to such loss, destruction or theft.

(4) Upon issuance of a wildlife document, the original wildlife document is invalid.

R657-42-11. Surrender of Cooperative Wildlife Management Unit, Limited Entry Landowner, and Conservation Permits After Vouchers Have Been Redeemed.

(1) A person who has redeemed a voucher and obtained a CWMU, limited entry landowner, or conservation permit may surrender the permit after the deadline provided in Subsection R657-42-4(3) for CWMU permits or after the season opening date for limited entry landowner permits or conservation permits, for the purpose of:

(a) death in accordance with Section 23A-4-207, Subsection (2) and Subsection R657-42-5(4);

(b) injury or illness in accordance with Section 23A-4-207 and Subsection (2);

(c) deployment or mobilization in the interest of national defense or national emergency in accordance with Section 23A-4-301 and Subsection (2); or

(d) an error occurring in issuing the permit in accordance with Subsection (2) and Rule R657-50.

(2)(a) The permittee and the landowner association operator or affiliated conservation organization must sign an affidavit stating that the permittee has not participated in any hunting activity.

(b) The permittee and landowner association operator or affiliated conservation organization signatures must be notarized.

(c) The affidavit and unused permit must be submitted to the Division.

(3)(a) The Division may reissue a voucher to a landowner association operator or conservation organization, or reallocate a surrendered permit in accordance with Section 23A-4-207 and as provided in Subsections (b) and (c).

(b) The Division may reallocate a surrendered permit:

(i) originally issued by the Division through the big game drawing process in accordance with Section R657-42-6; or

(ii) originally issued by the Division through a voucher redemption in the form of a new voucher issued to the landowner association operator or to the affiliated conservation organization.

(c) Reissuance of vouchers or reallocation of permits under this section may only occur in the year in which the surrendered permit was valid.