Current through Bulletin 2024-18, September 15, 2024
(1) Applications
for a limited entry Landowner Association certificate of registration are
available at division offices and on the division website.
(2) Applications must include:
(a) total acres providing habitat for the
species in question that are participating in the Landowner
Association;
(b) signature of each
of the Landowners within the Landowner Association including acres owned, with
said signature serving as an affidavit certifying ownership;
(c) a copy of the Landowner Association's
Governing Documents;
(d) a digital
map of the Private Lands participating in the Landowner Association and
indicating the Private Lands which serve as habitat for the species in
question; and
(e) a non-refundable
handling fee.
(3) The
division may aid the Landowner Association in preparing the application, but
the division is not responsible for errors in the application or a failure to
properly or completely submit an application.
(4) Applications must be completed and
submitted to the regional division office managing the limited entry hunting
unit where the Landowner Association is located by September 1 of the year
before the hunting is to occur.
(5)
The division shall review the application and determine its completeness and
formulate a recommendation:
(a) the division
may reject any application that is incomplete or completed incorrectly;
and
(b) Applicants must notify the
division in writing regarding any changes to the substance of their application
while it is under consideration, or it may be considered incomplete or
incorrect.
(6) After
evaluating the application, the Wildlife Board shall consider:
(a) the contents of the
application;
(b) the division's
recommendation; and
(c) any
violations of Title 23A, the Wildlife Resources Act, by the Landowner
Association, its operator, its president, or any of its members that would
reasonably influence whether the Applicant should be approved to participate in
the program.
(7) Upon
receiving the application and recommendation from the division, the Wildlife
Board may:
(a) authorize the issuance of a
three-year certificate of registration allowing the Landowner Association to
operate; or
(b) deny or partially
deny the application and provide the Landowner Association with reasons for the
decision.
(8)
(a) The certificate of registration for a
Landowner Association must be renewed every three years through the process
outlined in this rule.
(b) In
evaluating a certificate of registration renewal application, the Wildlife
Board shall consider:
(i) the Landowner
Association's fulfillment of public access requirements, if applicable, during
the term of the prior certificate of registration;
(ii) the Landowner Association's fulfillment
of antlerless harvest access and success, if a condition of its prior
certificate of registration;
(iii)
the contents of its renewal application; and
(iv) a recommendation provided by the
division.
(9)
The Wildlife Board may deny a certificate of registration application or
renewal application if:
(a) the Landowner
Association has failed to supply the necessary documentation specified in
Section R657-43-6;
(b) a member of
the Landowner Association has been convicted of a wildlife violation;
(c) the president of the Landowner
Association has 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
Landowner Association president bears a reasonable relationship to their
ability to responsibly operate a Landowner Association;
(d) the Landowner Association has failed to
abide by the terms of their Governing Documents in a manner that undermines the
purposes of the program; or
(e) the
Landowner Association's president or its designee fails to complete mandatory
annual training.
(10)
(a) An Applicant may appeal a denial of an
application, renewal application, or request for certificate of registration
amendment by submitting an appeal to the division director.
(b) An appeal must be submitted to the
division within 30 days of receiving the notice of denial.
(11)
(a) If
a Landowner Association is cited for violating this rule, Title 23A, the
Wildlife Resources Act, or any other proclamation or guidebook by the Wildlife
Board, the division may suspend or revoke the Landowner Association certificate
of registration pursuant to Rule R657-26; and
(b) if an individual landowner who is part of
a Landowner Association violates this rule, Title 23A, the Wildlife Resources
Act, or any other proclamation or guidebook by the Wildlife Board, the division
may remove the individual landowner from the Landowner Association's
certificate of registration pursuant to Rule R657-26.
(12)
(a)
The division shall annually review the permit types, numbers, and seasons
authorized by a certificate of registration issued under this section and
implement modifications for the following hunt season.
(b) Landowner Associations and the division
will work cooperatively to achieve desired management directives, including
antlerless management objectives.
(13)
(a) A
Landowner Association may petition to amend a certificate of registration upon
submitting a written request to the regional division office where the
Landowner Association's Private Land is located; and
(b) A Landowner Association shall submit an
application to amend their certificate of registration for changes in:
(i) the Landowner Association's Governing
Documents; or
(ii) acreage;
(A) If during a term of its certificate of
registration, a Landowner Association's Eligible Property decreases but remains
at least equal to 50% of the Eligible Property in the limited entry unit, such
Landowner Association shall submit an amendment outlining the new acreage to
update their current certificate of registration; or
(B) if during a term of its certificate of
registration, a Landowner Association's Eligible Property decreases and equals
less than 50% of the Eligible Property in the limited entry unit, such
Landowner Association's certificate of registration shall be deemed
non-compliant and shall terminate at the end of the certificate of
registration's term; provided, however, such Landowner Association may reapply
for a certificate of registration as a new application.
(iii) Private Land ownership; or
(iv) any other matter related to the
management and operation of the Landowner Association not originally included
in the certificate of registration.
(c) If approved, an amendment to the
certificate of registration shall be issued in writing.
(14)
(a)
Upon approval of the certificate of registration, Limited Entry Landowner
Association Program Permit Vouchers may be issued and redeemed to purchase
Limited Entry Landowner Permits from division offices.
(b) The fee for any Limited Entry Landowner
Association Program Permit is the same as the cost of similar limited entry
buck deer, bull elk, or buck pronghorn limited entry permits.
(c) A Landowner receiving a Voucher for a
Limited Entry Landowner Permit may sell or otherwise transfer such Voucher to
any legal hunter so long as that person possesses or obtains a Utah hunting or
combination license.
(d) Any
recipient of a Limited Entry Landowner Association Program Permit must follow
the season dates, weapon restrictions, and any other regulation governing the
taking of big game as specified in Rule R657-5 and the guidebook of the
Wildlife Board for taking big game.
(e) Nothing in this rule permits the take of
more than one buck deer, one bull elk, or one buck pronghorn during any one
year.