Current through Bulletin 2024-24, December 15, 2024
Section R657-43-10 - Limited Entry Landowner Association Program Permits - Application(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.Utah Admin. Code R657-43-10
Amended by Utah State Bulletin Number 2015-5, effective 2/9/2015Repealed by Utah State Bulletin Number 2022-24, effective 12/8/2022Amended by Utah State Bulletin Number 2024-04, effective 2/7/2024Amended by Utah State Bulletin Number 2024-17, effective 8/21/2024