Current through Bulletin 2024-18, September 15, 2024
(1)
(a) At
the end of a certificate of registration term, the certificate of registration
may be renewed, consistent with this section.
(b) A certificate of registration terminated
pursuant to Section R657-37-5.5 or Section R657-37-15 is not eligible for
renewal, but may reapply consistent with Section R657-37-5.
(2) An application for renewal of
a certificate of registration must be completed no later than August 10 of the
year preceding the expiration of the certificate of registration
term.
(3)
(a) The renewal application must identify all
changes from the previous certificate of registration and CWMU Management
Plan.
(b) A CWMU renewal application
that includes a request for modified season dates is not required to obtain an
additional variance upon renewal if those dates are identical to what was
previously approved in their current certificate of registration.
(4) The renewal application must
be accompanied by:
(a) the CWMU Management
Plan as described in Subsection R657-37-4(3);
(b) all maps as described in Subsection
R657-37-4(3) if the CWMU boundaries have changed;
(c)
(i) a
petition containing the signature and acreage of each participating landowner
agreeing to establish and operate the CWMU as provided in this rule and Title
23A, Chapter 7, Cooperative Wildlife Management Units; or
(ii) a copy of a legal contract or agreement
identifying:
(A) the private land;
(B) the duration of the contract or
agreement; and
(C) the names and
signatures of landowners conveying the hunting rights to the CWMU agent or
landowner association operator;
(d) a signed waiver from each landowner or
lessee holding agricultural interests within the boundaries of the proposed
CWMU releasing all claims for any assistance pertaining to any lands that may
otherwise be available from the division under Rule R657-44 during the term of
the certificate of registration;
(e) the name of the designated landowner
association operator; and
(f) the
nonrefundable handling fee.
(6) The division may reject any application
that is incomplete or completed incorrectly.
(7) The division shall consider:
(a) the contents of the renewal
application;
(b) the past
performance by a CWMU in fulfilling management responsibilities identified in
the CWMU Management Plan;
(c)
hunter satisfaction ratings; and
(d) any conviction of, a plea of no contest
to, or a plea held in abeyance to a crime under Title 23A, the Wildlife
Resources Act or a crime of moral turpitude by the CWMU operator, president, or
landowner association member that when considered with the functions and
responsibilities of a CWMU operator bears a reasonable relationship to the
applicant's ability to responsibly operate a CWMU.
(8) After evaluating a complete renewal
application, the division shall:
(a) recommend
approving renewal of the certificate of registration and forward the permit
recommendations to the Regional Advisory Councils and Wildlife Board;
or
(b) recommend denying the
renewal certificate of registration and state the reasons for denial in writing
to the applicant; and
(c) forward
the application, reason for denial and recommendation to the Regional Advisory
Councils and Wildlife Board.
(9) Upon receiving the division's
recommendation as provided in Subsections (7) and (8), the Wildlife Board may
consider:
(a) the contents of the renewal
application;
(b) the past
performance by a CWMU in fulfilling management responsibilities identified in
the CWMU Management Plan;
(c)
hunter satisfaction ratings;
(d)
any conviction of, a plea of no contest to, or a plea held in abeyance to a
crime under Title 23A, the Wildlife Resources Act or a crime of moral turpitude
by the CWMU operator, president, or landowner association member that when
considered with the functions and responsibilities of a CWMU operator bears a
reasonable relationship to the applicant's ability to responsibly operate a
CWMU;
(e) any probationary status
or recommendation provided by the CWMU Advisory Committee if the landowner
association has been referred to the CWMU Advisory Committee during the term of
the certificate of registration; and
(f) the recommendations of the division and
Regional Advisory Councils.
(10) A certificate of registration approved
for renewal is authorized for three years and shall expire on January 31,
providing the certificate of registration is not revoked, suspended, or
terminated before the expiration date.