Utah Administrative Code
Topic - Natural Resources
Title R657 - Wildlife Resources
Rule R657-41 - Conservation and Sportsman Permits
Section R657-41-9 - Conservation Permit Funds and Reporting
Universal Citation: UT Admin Code R 657-41-9
Current through Bulletin 2024-18, September 15, 2024
(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.
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