(1) Terms used in
this rule are defined in Section
23A-1-101.
(2) In addition:
(a) "Applicant" means a Landowner applying to
participate in the General Season Buck Deer Landowner Permit program, the
Limited Entry Landowner Association Permit program, or the program for
Landowners on limited entry units with eligible land that is not enrolled in a
Limited Entry Landowner Association.
(b) "Cropland" means agricultural Private
Land that is cultivated and mechanically harvested and upon which the division
has determined that migratory deer rely to meet herd management
objectives.
(c) "Draw Application"
means an application for Permits submitted to the division after the Applicant
has been approved to participate in the program.
(d) "Eligible Property" means Private Land
that:
(i)
(A) provides habitat for deer, elk or
pronghorn as determined by the division;
(B) is not used in the operation of a
Cooperative Wildlife Management Unit for the same species;
(C) is not used in the operation of an elk
farm or elk hunting park; and
(D)
is in agricultural use as provided in Section
59-2-502 and eligible for
agricultural use valuation as provided in Sections
59-2-503 and
59-2-504.
(ii) In addition to Subsection (d)(i),
Eligible Property must have one or more of the following attributes:
(A) for General Season Unit Wide Landowner
Buck Deer Permits, a minimum of 100 acres of Cropland, or a minimum of 640
acres of other Private Land meeting the criteria in Subsections (d)(i) through
(ii) that is owned or leased by one Landowner or leased by one landowner within
the general season unit hunt boundary; or
(B) for General Season Private Land Landowner
Buck Deer Vouchers a minimum of 640 acres of Private Land owned or leased
within a general season unit hunt boundary; or
(C) for a Limited Entry Landowner Permit
Voucher, Private Land owned or leased within a limited entry elk, deer or
pronghorn unit for land that is enrolled in a Limited Entry Landowners
Association.
(D) for a Limited
Entry Landowner Permit Voucher for Private Land owned or leased within a
limited entry elk, deer or pronghorn unit for land that is not enrolled in a
Limited Entry Landowners Association, a minimum of 640 acres of Private Land
meeting the criteria in Subsections (d)(i)(A) through (D) that is owned or
leased by one Landowner or leased by one landowner within the limited entry
unit hunt boundary.
(e) "Governing Documents" mean the legal
documents executed by a Legal Entity Owners that govern the formation,
operation, management, rules, duties, responsibilities, decision-making and
dissolution of said Legal Entity.
(f) "Immediate Family" means a Landowner's, a
Lessee's, or a Legal Entity Owner's spouse, children, sons-in-law,
daughters-in-law, father, mother, father-in-law, mother-in-law, brothers,
sisters, brothers-in-law, sisters-in-law, stepchildren, and
grandchildren.
(g) "Landowner"
means, for the purposes of this rule, any person or Legal Entity which:
(i) owns Private Land in Utah as evidenced by
such deeds vesting title in such Landowner;
(ii)
is the purchaser of Private Land pursuant to a recorded contract
of sale; or
(iii) is an
agricultural Lessee of Private Land, being any person or legal entity with a
written lease whose terms permit the lessee to be in physical control of such
Private Land.
(h)
"Landowner Association" means a Legal Entity created by Landowners who own
Eligible Property within a limited entry unit, which Legal Entity is organized
for working with the division as outlined in this rule.
(i) "Legal Entity" means an entity such as a
corporation, partnership, limited liability company, or trust that is organized
under the laws of the state and otherwise qualified to do business within
Utah.
(j) "Legal Entity Owner"
means a person or other Legal Entity which has ownership in a Legal Entity,
such as a shareholder of a corporation, a member of a limited liability
company, a partner in a partnership, or trustee or beneficiary of a
trust.
(k) "Permit" means a hunting
authorization obtained through a draw or purchased from the division by a
person who is the holder of a Voucher, pursuant to the terms and authorizations
contained in such Voucher.
(l)
"Private Land" means, for the purposes of this rule, any real property owned or
leased by a Landowner, excluding:
(i) land
owned by the state or federal government;
(ii) land owned by a county or
municipality;
(iii) land owned by
an Indian tribe;
(iv) land enrolled
in a Cooperative Wildlife Management Unit for the same species under Rule
R657-37; and
(v) land where public
access for big game hunting has been secured.
(m) "Qualifier Application" means the initial
application submitted to the division to determine if a Landowner meets the
necessary requirements to participate in the landowner permit
program.
(n) "Voucher" means an
authorization issued by the division to a Landowner that entitles such
Landowner or its permitted transferees, if allowed pursuant to this rule, to
purchase a Permit from the division.
TABLE
Landowner Permit Programs
Table
|
Permit/ Voucher Type
|
Hunt Boundary
|
Species
|
Requirements
|
Stipulations
|
Public Access
|
Permit Quantity
|
General Season
|
Private Lands Only
|
Deer
|
640 acres of Agricultural Land or Range Land
|
Can be sold
|
Not required
|
Up to 10% above total unit permits
|
General Season
|
Unit Wide
|
Deer
|
100 acres Agricultural Land, or 640 acres of Range
Land
|
Owner or immediate family only - cannot be
sold
|
Not required
|
Up to 3% above total
|
Limited Entry -Non-LOA
|
Owners Private Lands Only
|
Deer, Elk, Pronghorn
|
640 acres of Agricultural Land or Range Land
|
For anyone -cannot be sold
|
Not required
|
Up to 5% above total unit permits
|
Limited Entry -LOA 1
|
Unit Wide
|
Deer, Elk, Pronghorn
|
>50% of eligible land enrolled
|
Can be sold
|
Require d
|
Percentage of habitat = percentage of LOA
permits
|
Limited Entry -LOA 2
|
Private Lands Only
|
Deer, Elk, Pronghorn
|
>50% of eligible land enrolled
|
Can be sold
|
Not required
|
Percentage of habitat = percentage of LOA
permits
|