Utah Administrative Code
Topic - Natural Resources
Title R657 - Wildlife Resources
Rule R657-43 - Landowner Permits
Section R657-43-9 - Limited Entry Landowner Association Program Permit Vouchers - Availability and Eligibility
Universal Citation: UT Admin Code R 657-43-9
Current through Bulletin 2024-18, September 15, 2024
(1)
(a) Landowners in a limited entry unit may
join together to form a Landowner Association for participation in the Limited
Entry Landowner Association Permit program.
(b) To qualify as a Landowner Association,
participating Landowners must:
(i) own more
than 50% of the Private Lands that are Eligible Property within the limited
entry herd unit;
(ii) form a
Landowner Association;
(iii) limit
participation to Private Lands within a limited entry hunt unit serving as
habitat for that species; and
(iv)
the president of the Landowner Association must participate in a division
training annually.
(2) The division will establish the number of Limited Entry Landowner Association Program Permits available on an annual basis by:
(a) identifying the number of total
permits in a unit for the previous hunt year;
(b) identifying the total acreage of Private
Land in a unit enrolled in the Landowner Association;
(c) calculating the percentage of habitat in
the unit represented by the Landowner Association by dividing the habitat
acreage represented by the Landowner Association by the habitat acreage in the
whole unit;
(d) applying that
percentage to the total number of available public draw permits from the
previous year to determine the number of Limited Entry Landowner Association
Program Permit Vouchers to be allocated to the Landowner Association;
(e) applying standard rounding will be
practiced when determining permit numbers - .49 rounds down and .5 rounds up;
and
(f) an approved Landowner
Association that qualifies for less than one permit voucher every year will
receive one permit voucher the first year after approval.
(3) To form a Landowner Association, Landowners must:
(a) elect a
president;
(b) enter into Governing
Documents signed by all participating Landowners that:
(i) agree to the formation of a Landowner
Association for the purposes of participating in the program;
(ii) establish membership
qualifications;
(iii) identify any
yearly dues, if any, necessary to participate and how those funds will be
utilized;
(iv) establish a
distribution plan for allocating Vouchers or revenue from Vouchers to
members;
(v) describe the process
for adding and removing members in a fair and impartial process;
(vi) describe how the Landowner Association
will provide notice of upcoming meetings and how members can
participate;
(vii) establish how
voting and decisions on behalf of the Landowner Association will be
made;
(viii) establish rules and
guidelines outlining permit holder conduct on Landowner Association
property;
(ix) describe how the
Landowner Association will complete compliance requirements for the
program;
(x) describe how the
members will elect a president to represent the landowner association and the
president's length of term;
(xi)
include a written waiver from each participating Landowner of all depredation
claims due to big game damage during the term of such Landowner's membership in
the Landowner Association;
(xii) if
option 1, Subsection R657-43-9(5)(a) is chosen include a written agreement from
each participating member to allow free public access onto all participating
Landowner's Private Lands as required by Subsections R657-43-5(5) and
R657-43-5(6); and
(xiii) other
items deemed necessary and appropriate to administer the Landowner
Association.
(4) Limitations on the eligibility of Private Lands in Landowner Associations:
(a) Private
Lands enrolled in a Cooperative Wildlife Management Unit for the same species
are not eligible to participate in a Landowner Association under this
rule;
(b) Public and state lands
are not eligible to be included in a Landowner Association;
(c) Only Private Lands that qualify as
Eligible Property will be considered for Limited Entry Landowner
Permits;
(d) Only one Landowner
Association, per species, may be formed for each limited entry unit;
and
(e) A Landowner or Landowner
Association may not restrict legally established passage through Private Land
to access public lands for hunting.
(5) A Landowner Association may choose one of two Voucher options during the term of its certificate of registration:
(a) Option 1:
(i) The Landowner Association will be issued
Vouchers valid for the entire limited entry hunting unit;
(ii) an equivalent number of public hunters
to the number of Vouchers received by the Landowner Association shall be
provided complete access to hunt all Landowner Association's Private Lands at
no charge for the species during the season dates identified on the Limited
Entry Landowner Association Permit; and
(iii) the division will notify the lowest
draw numbers of public hunters in that unit who will be given access to the
Landowner Association's Private Lands pursuant to this section.
(b) Option 2:
(i) The Landowner Association will be issued
Vouchers valid only for Private Lands enrolled in the Landowner Association;
(ii) the number of Vouchers
allocated to a Landowner Association will be calculated using the formula in
Subsection (2), rounded up to the nearest whole number.
(c) Limited Entry Landowner Association
Program Permit Vouchers are not valid for:
(i) multi-season hunting
opportunities;
(ii) private land
not enrolled in the Landowner Association; or
(iii) late season limited entry buck deer
permits on a general season unit.
(6)
(a)
Public draw permit holders specified in Subsection (5)(a) will have access to
all enrolled Landowner Association lands for the entirety of the
hunt.
(b)
(i) The Landowner Association will be
responsible for ensuring those public draw permit holders identified in
Subsection (5)(a) are given access to all private lands; and
(ii) Landowner Associations may determine how
to disperse public hunters by seasons. If all public hunters are in one season
it will be the any-weapon season.
(c) The Landowner Association must provide a
written copy of its guidelines used to regulate a permit holder's conduct as a
guest on the Landowner Association land. These guidelines will go through the
RAC and Wildlife Board process to ensure they are fair and
reasonable.
(7) Performance metrics will be established by the division, with recommendations from the Landowner Association Advisory Committee, to determine if the purposes of the program are being met.
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