Section R657-57-4 - Division Variance Authority Scope(1)(a) The Division may grant a season extension variance extending the hunting season on an applicant's wildlife document to the same or substantially similar hunt in the following year, provided: (i) the variance request involves a wildlife document for a:(A) once-in-a-lifetime hunt under Rule R657-5;(B) conservation permit hunt under Rule R657-41;(C) limited entry landowner permit hunt under Rule R657-43;(D) poaching-reported reward permit hunt under Rule R657-5;(E) CWMU hunt obtained through the operator or landowner under Section R657-37-9; or(F) a wildlife exposition permit under Rule R657-55;(ii) the applicant was substantially precluded during the prescribed hunting season from using a wildlife document because of a qualifying event or condition set forth in Section R657-57-6; (A) the qualifying event or condition was not the result of the applicant's willful misconduct or gross negligent acts or omissions; and(B) the applicant was unsuccessful in harvesting an animal for which the wildlife document was issued;(iii) the season extension occurs the following year and is restricted to the same species, gender, unit, weapon type, and season as the original wildlife document;(iv) any changes in unit descriptions and season dates in the extension year are applied; and(v) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.(b) Any waiting period associated with a wildlife document for which a season extension variance is granted begins on the date the original wildlife document is obtained.(c) Notwithstanding the limitations in Subsection (1)(a) on wildlife documents eligible for season extension variance relief, the division may grant a season extension variance for a limited entry hunt, provided:(i) the applicant possessing the limited entry permit was substantially precluded from participating in the hunt for COVID-19 related personal health concerns or general public health restrictions imposed by the federal government, a state, or a local government;(ii) the season for the limited entry hunt began on or after March 1, 2020 and ended on or before July 1, 2020; and(iii) the variance relief sought and extended is otherwise in compliance with the provisions of this rule.(2)(a) The Division may grant a variance by restoring forfeited bonus points and waiving an incurred waiting period, provided:(i) the variance request involves a wildlife document for a: (A) limited entry hunt or once-in-a-lifetime hunt; or(B) any other hunt that triggers a waiting period to participate in a Division administered drawing;(ii) the applicant was substantially precluded during the prescribed hunting season from using a wildlife document because of a qualifying event or condition set forth in Section R657-57-6; and(A) the qualifying event or condition was not the result of the applicant's willful misconduct or gross negligent acts or omissions; and(B) the applicant was unsuccessful in harvesting an animal for which the wildlife document was issued;(iii) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.(b) The Division may not restore a bonus point on a wildlife document that did not cause a bonus point forfeiture.(3)(a) The Division may grant a variance by restoring forfeited preference points, provided: (i) the variance request involves a wildlife document obtained through a Division administered drawing and for which preference points are awarded to unsuccessful applicants and forfeited by successful applicants;(ii) the applicant was substantially precluded during the prescribed hunting season from using a wildlife document because of a qualifying event or condition set forth in Section R657-57-6; and(A) the qualifying event or condition was not the result of the applicant's willful misconduct or gross negligent acts or omissions; and(B) the applicant was unsuccessful in harvesting an animal for which the wildlife document was issued;(iii) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.(4)(a) The Division may grant a variance by awarding a bonus or preference point to a person who filed an untimely wildlife document application in a Division administered drawing, provided:(i) the variance request involves a wildlife document for any hunt identified in Subsections (2)(a)(i) or (3)(a)(i);(ii) the applicant was significantly impaired from filing a timely application in a Division administered drawing because of a qualifying event or condition set forth in Section R657-57-6;(iii) the untimely application was rejected and a bonus or preference point was not awarded for the selected species;(iv) the applicant would have been eligible to receive the bonus or preference point had the application been timely filed; and(v) the variance is otherwise requested and issued in compliance with the standards, requirements and procedures set forth in this rule.(5)(a) An individual applying for a variance on a permit awarded through a Division administered drawing may only apply for and receive one season extension variance for each permit received.(b) An individual applying for a variance on a Conservation permit, CWMU permit redeemed from a private voucher, or a Limited Entry Landowner Permit, may apply for and receive a maximum of two season extension variances for each permit received.(c) An individual who has already been provided the maximum number of season extensions for their relevant permit, but who is still unable to hunt, is limited to restoration of preference or bonus points, a refund, or both, so long as they otherwise qualify.(d) An individual receiving a variance for a CWMU permit or Limited Entry Landowner permit redeemed from a private voucher must receive permission from the CWMU Operator or respective landowner to hunt during the variance period.(6)(a) A Division administered drawing for purposes of Subsections (2) and (5) does not include a drawing conducted at a wildlife exposition pursuant to Rule R657-55.(b) Permits distributed through a wildlife exposition pursuant to Rule R657-55 are eligible for the same variance relief and are subject to the same variance restrictions as permits distributed via a Division administered drawing.(7) The Division may not refund wildlife document fees, except as authorized in Sections 23-19-38, 23-19-38.2 and R657-42-5.Utah Admin. Code R657-57-4
Amended by Utah State Bulletin Number 2015-7, effective 3/16/2015Amended by Utah State Bulletin Number 2020-04, effective 2/10/2020Amended by Utah State Bulletin Number 2020-13, effective 6/22/2020