Current through Bulletin 2024-18, September 15, 2024
(1)
(a)
Commercial Hunting Area Applications must be submitted to the appropriate
regional Division office where the proposed CHA is located.
(b) Review and processing of the application
may require up to 60 days.
(c) More
time may be required to process an application if the applicant requests
authorization from the Wildlife Board for a variance to this
rule.
(2) The Division
may not approve an application for an area where the release of pen-reared
gamebirds and related activities may interfer with wildlife, wildlife habitat
or wildlife nesting periods.
(3) An
application for a CHA Wildlife Document must include:
(a) operator's name, address, and telephone
number;
(b) detailed maps depicting
boundaries, pen-reared gamebird holding facilities and ownership of all parcels
within the CHA;
(c) large scale
maps depicting the location of the CHA relative to the nearest city or
town;
(d) planned number and
species of pen-reared gamebirds to be released;
(e) evidence of ownership of the property,
such as a copy of a title, deed, or tax notice that provides evidence the
applicant is the owner of the property described; and
(f) the annual CHA Wildlife Document fee for
the first year of operation.
(4) If an applicant is not the owner of the
property, in lieu of Subsection (2)(e), the applicant may provide a lease
agreement showing the applicant is the lessee of the hunting or shooting rights
for the property described for the period of the CHA Wildlife Document that
includes the name, address, and telephone number of the lessor.
(5)
(a) Any
application that does not clearly and legibly verify ownership or lease by the
applicant as required in Subsection (3), of all property for which the
application applies shall be returned to the applicant.
(b) Discovery of property after issuance of
the CHA Wildlife Document, which is not approved by its owner or lessee to be
included in the CHA, shall immediately void the CHA Wildlife
Document.
(6) The
Division may return any application that is incomplete, completed incorrectly,
or that is not accompanied by the information required in Subsection
(3).
(7) Applications are not
accepted for a CHA that is within 1/4 mile of any existing state wildlife or
waterfowl management area without requesting a variance from the Wildlife
Board.
(8) The Division may deny
any application or impose provisions on the CHA Wildlife Document that are more
restrictive than this rule:
(a) if CHA
operations may present unacceptable risk to wildlife populations or wildlife
habitat; or
(b) if the applicant or
operator, or any of its agents or employees:
(i) violated this rule, the Wildlife
Resources Code, a CHA Wildlife Document, or the CHA application;
(ii) obtained or attempted to obtain a CHA
Wildlife Document by fraud, deceit, falsification, or
misrepresentation;
(iii) is
employed, contracted through writing or verbal agreement, assigned, or
requested to apply and act as the operator by a person, group, or business
entity that will directly or indirectly benefit from the CHA, but would
otherwise be ineligible under this rule or by virtue of suspension under
Section 23-19-9 to operate a CHA if they
applied directly as the operator; or
(iv) engaged in conduct that results in the
conviction of, a plea of no contest to, a plea held in abeyance, or a diversion
agreement to a crime of moral turpitude, or any other crime that when
considered with the functions and responsibilities of a CHA operator bears a
reasonable relationship to the operator's or applicant's ability to safely and
responsibly operate a CHA.
(9) If an application is denied, the Division
shall state the reasons in writing.
