Natural Resources

Wildlife Resources

Rule 4: Possession and Release of Pen-reared Gamebirds

Effective Date: 08/22/2026

Admin. Code Reference: R657-4

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58075

Rule or section number:

R657-4

1. Agency Information

Title catchline:

Natural Resources, Wildlife Resources

Building:

DNR Complex

Street address:

1594 W North Temple

City, state:

Salt Lake City, UT 84416

Mailing address:

PO Box 146301

City, state and zip:

Salt Lake City, UT 84414-6301

2. Contact Persons

Name:

Phone:

Email:

Staci Coons

801-450-3093

stacicoons@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R657-4. Possession and Release of Pen-Reared Birds

B. Purpose of the new rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources' (DWR) rules pursuant to regulating the possession and release of pen-reared birds.

C. Summary of the new rule or change:

The amendments to this rule:

1) remove the 0.25-mile buffer requirement between commercial hunting areas and wildlife/waterfowl management area, and

2) clarify existing language.

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The amendments to Rule R657-4 are administrative in nature, the DWR has determined that these changes can be initiated within the current workload and resources of the DWR, therefore, the DWR does not believe that these amendments would create a cost or savings impact to the state budget or the DWR's budget since the changes will not increase workload and can be carried out with existing budget.

B. Local governments:

Local governments are not directly or indirectly impacted by these proposed amendments because this rule does not create a situation requiring services from local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

The proposed rule amendments will not directly impact small businesses because a service is not required of them.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The proposed rule amendments will not directly impact non-small businesses because a service is not required of them.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

The proposed rule amendments do not have the potential to impact other persons that possess or release pen-reared birds in Utah, nor is a service required of them.

F. Compliance costs for affected persons:

The DWR has determined that this amendment may not create additional costs for those individuals wishing to stock pen-reared birds in Utah because it simply removes a 0.25-mile buffer requirement between commercial hunting areas and wildlife/waterfowl management areas.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a measurable fiscal impact to businesses.

The Commissioner of the Department of Natural Resources, Joel Ferry, has reviewed and approved this fiscal analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 23A-5-302

Section 23A-2-305

Section 23A-2-304

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

08/14/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

08/21/2026

13. Agency Authorization Information

Agency head or

designee and title:

Riley Peck, Director

Date:

06/18/2026

R657. Natural Resources, Wildlife Resources.

R657-4. Possession and Release of Pen-reared Gamebirds.

R657-4-1. Purpose and Authority.

(1) Under authority of Sections 23A-5-302, 23A-2-305, and 23A-2-304, the Wildlife Board has established this rule for the possession, importation, purchase, propagation, sale, barter, trade, release or disposal of live pen-reared gamebirds and their eggs.

(2) Rule R657-3b does not apply to activities conducted by holders of a valid Wildlife Document to the extent those activities are covered by this rule.

R657-4-2. Definitions.

(1) Terms used in this rule are defined in Section 23A-1-101.

(2) In addition:

(a) "Authorized Species" means those species specifically authorized on a certificate of registration.

(b) "Commercial hunting area" or "CHA" means a parcel of land permitted to release pen-reared or propagated gamebirds more than five days per year.

(d) "Director" means the director of the Division.

(e) "Disease free status" means a bird, or representative sample of a flock has tested negative for pathogens listed in Rule R58-6 and Sections R657-4-10, R657-4-11, R657-4-12, and R657-4-13.

(f) "Division" means the Utah Division of Wildlife Resources.

(g) "Durable marking" means metal leg band, patagial tag, or other marking attached to an animal identifying it as a pen-reared bird that can reasonably be expected to remain attached for more than one year and is easily visible on inspection of a bird in hand.

(h) "Field trial" means an organized event where the abilities of dog handlers and their dogs and are evaluated, including the ability of the dogs to hunt or retrieve gamebirds, or an event where any monetary value is paid or received outside of the CHA program.

(i) "NPIP" means National Poultry Improvement Plan.

(j) "Operator" means a person, group, or business entity, including their agents, employees and contractors, that manages, owns, administers, or oversees the activities and operations of a facility or CHA. Operator further includes any person, group or business entity that employs or contracts another to serve or act as an operator.

(k) "Pen-reared Gamebird" means species of the following that were breed from legally acquired captive stock and hatched and raised in captivity:

(i) chukar partridge;

(ii) red-legged partridge;

(iii) gray (Hungarian) partridge;

(iv) pheasant (genus Syrmaticus, Chrysolophus, and Phasianus);

(v) Bobwhite quail;

(vi) California quail;

(vii) Gambel's quail; and

(viii) waterfowl (family Anatidae).

(l) "Propagation" means to breed and hatch gamebirds from a parent stock.

[(m](m) "Short-term Hunting Event" means an event in which the group of persons or number of pen-reared gamebirds is more than

ten for two or fewer days in the same area within a 365 day period. Any person involved in this event may not charge a fee or transfer or receive

payment of any kind.

(n) "Train" or "training" means informal handling, exercising, teaching, instructing, and disciplining of dogs or falconry birds in the skills

and techniques of hunting and retrieving gamebirds characterized by absence of fees, judging, or awards.

([n]o) "Wildlife Document" means a certificate of registration, permit, license or other document issued by the Division granting

permission for a possession of animals or a specific activity.

R657-4-10. Disease General Provisions.

(1) The Division may:

(a) Conduct random testing for mycoplasma gallisepticum, mycoplasma synoviae, or other diseases with or without the Department of Agriculture and Food's assistance;

(b) Coordinate with the Department of Agriculture and Food and public health agencies as appropriate to investigate any reported disease and take any necessary action to control a contagious or infectious disease affecting domestic animals, wildlife, or public health; and

([b]c) Coordinate with the Department of Agriculture and Food to order a veterinarian or certified pathologist's report of a suspected

disease, and order quarantine, immunization, testing, or other sanitary measures.

(2)(a) The Division may order the destruction and disposal of any pen-reared gamebird found to have an untreatable disease which poses a potential threat or health risk to domestic poultry, humans, or wildlife, as determined by the Division, the Department of Agriculture and Food, or the Department of Health and Human Services.

(b) Actions taken pursuant to Subsection (a) may be at the operator's expense.

(c) Actions taken pursuant to Subsection (a) shall be accomplished by following procedures acceptable to the Division that ensure the disease is not transmitted to wildlife, domestic animals, or humans.

(3) Operators must take reasonable precautions to prevent and control the spread of infectious diseases among pen-reared gamebirds under their control.

(4) Commercial Gamebird Facilities holding 1,000 or more birds or eggs for 60 days or longer must be licensed through the Department of Agriculture and Food under Rule R58-6, and meet requirements outlined therein.

R657-4-12. Short Term Pen-reared Gamebird Possession.

(1) A Wildlife Document is not required if:

(a) a person has pen-reared gamebirds collectively in possession less than 60 days;

(b) fewer than 50 [birds]pen-reared gamebirds are held;

(d) the pen-reared gamebirds are not held for resale;

(e) each pen-reared gamebird has a durable marking attached;

([e]f) a bill of sale establishing proof of purchase from a legal source is in possession;

([f]g) pen-reared gamebirds meet disease requirements specified in Sections R657-4-110 and R657-4-11; and

([g]h) the pen-reared gamebirds are used for dog training or falconry bird training.

(2) No registration is needed for holding pen-reared gamebirds in temporary storage while the pen-reared gamebirds are in transit through Utah provided the birds are identified as to their source and destination and are not removed from the shipping containers.

(3) Any person in possession of pen-reared gamebirds must comply with all state, federal, city, and other municipality laws, rules, and regulations pertaining to the possession of live pen-reared gamebirds.

R657-4-15. Personal Use Pen-reared Gamebird Release.

(1) A person may release legally acquired pen-reared gamebirds without wildlife documents or the approval of a [d]Division regional

supervisor provided:

(a) the person or group of persons is not releasing more than ten pen-reared gamebirds per day or three pen-reared gamebirds per dog or registered falcon per day, whichever is greater;

(i) If a short-term hunting event is held and the group of persons or number of pen-reared gamebirds is more than ten for two or fewer days

in the same area within a 365 day period, [d]Division regional supervisor approval is required;

(b) the group releasing pen-reared gamebirds is less than or equal to ten persons;

(d) the person or group has an invoice or bill of sale in their possession showing lawful personal possession or ownership of the pen-reared gamebirds;

(e) each pen-reared gamebird must be marked with a durable marking;

(f) any pen-reared gamebird released in areas with wild populations of the same species must be marked with a visible streamer or tape at least 12 inches in length before being released, and must have the streamer or tape attached when killed; and

(g) the use of dogs complies with Rules R657-6, R657-9, and R657-54a and use of falconry birds complies with Rule R657-20.

(2) A person may only take the pen-reared gamebirds they or members of their group have released.

(3) Pen-reared gamebirds that are not recovered on the day of the training, released without permanent marking, or pen-reared gamebirds that escape shall become property of the state and may not be recaptured or taken except:

(a) as specified in Section R657-4-6; or

(b) during legal hunting seasons as specified in the Upland Game and Waterfowl proclamations of the Wildlife Board.

(4) Pen-reared gamebirds released must:

(a) meet requirements specified in Sections R657-4-10 and R657-4-11; and

(b) be healthy, capable of flight, free of disease and suitable for human consumption.

R657-4-16. High Volume Pen-reared Gamebird Release (Field Trial).

(1) A High Volume Pen-reared Gamebird Release Wildlife Document is required for an event that charges a fee, or:

(a) groups larger than ten people releasing pen-reared gamebirds in the same area on five or fewer days within a 365 day period;

(b) release of greater than ten pen-reared gamebirds per day in the same area on five or fewer days within a 365 day period; or

([d]c) a field trial involving the pursuit of wild rabbits.

(2)(a) A person or group may conduct an event using pen-reared gamebirds provided that person or group applies for and obtains a Wildlife Document from the Division, except as provided in Subsection (b).

(b) A person or group may conduct a field trial using approved pen-reared gamebirds on a commercial hunting area without obtaining a Wildlife Document.

(3)(a) Up to 1,000 pen-reared gamebirds may be in possession for up to ten days under a High Volume Pen-reared Gamebird Release Wildlife Document.

(b) Possession of pen-reared gamebirds must comply with Sections R657-4-10 and R657-4-11 and other applicable rule.

(4) Any person or group using pen-reared gamebirds must have an invoice or bill of sale available for inspection showing lawful personal possession or ownership of such birds as specified in Section R657-4-8.

(5)(a) Each pen-reared gamebird must be marked with a durable marking, except as provided in Subsection (c).

(b) The marking must remain attached to the pen-reared gamebird.

(c) The marking is not required for approved pen-reared gamebirds released in a field trial that is conducted on a commercial hunting area.

(6) Pen-reared gamebirds may be released only:

(a) on the property specified in the Wildlife Document;

(b) on the dates specified in the Wildlife Document;

(d) on public property with additional permission from the land management agency for the event.

(7) After release, pen-reared gamebirds may be taken:

(a) on the property specified in the Wildlife Document;

(b) on the dates specified in the Wildlife Document; and

(8) Pen-reared gamebirds that leave the property where the event is held, and birds remaining at the end of the field trial except within commercial hunting area boundaries, shall become the property of the state and may not be taken, except during legal hunting seasons as specified in the Upland Game or Waterfowl proclamations of the Wildlife Board.

(9) Pen-reared gamebirds released must:

(a) meet requirements specified in Sections R657-4-10 and R657-4-11; and

(b) be healthy, capable of flight, free of disease and suitable for human consumption.

(10) Wild rabbits may be used for field trials provided:

(a) the dog is tracking scent trails of wild rabbits;

(b) following initial contact with a wild rabbit the dog must stop pursuit;

(d) the dog, or the person training the dog, may not harass, catch, capture, kill, injure, or at any time, possess any wild rabbits, except during legal hunting seasons.

(11) Wild rabbits may be taken only during legal hunting seasons as specified in the Upland Game or Waterfowl proclamations of the Wildlife Board.

(12) Division of Wildlife designated dog training areas are exempt from High Volume Pen-reared Gamebird Release requirements for activities authorized by the area manager.

R657-4-19. Commercial Hunting Area Application.

(1)(a) Commercial Hunting Area Applications must be submitted to the appropriate regional Division office where the proposed CHA is located.

(b) Review and processing of the application may require up to 60 days.

(c) More time may be required to process an application if the applicant requests authorization from the Wildlife Board for a variance to this rule.

(2) The Division may not approve an application for an area where the release of pen-reared gamebirds and related activities may interfere with wildlife, wildlife habitat or wildlife nesting periods.

(3) An application for a CHA Wildlife Document must include:

(a) operator's name, address, and telephone number;

(b) detailed maps depicting boundaries, pen-reared gamebird holding facilities and ownership of all parcels within the CHA;

(d) planned number and species of pen-reared gamebirds to be released;

(e) evidence of ownership of the property, such as a copy of a title, deed, or tax notice that provides evidence the applicant is the owner of the property described; and

(f) the annual CHA Wildlife Document fee for the first year of operation.

(4) If an applicant is not the owner of the property, in lieu of Subsection (2)(e), the applicant may provide a lease agreement showing the applicant is the lessee of the hunting or shooting rights for the property described for the period of the CHA Wildlife Document that includes the name, address, and telephone number of the lessor.

(5)(a) Any application that does not clearly and legibly verify ownership or lease by the applicant as required in Subsection (3), of all property for which the application applies shall be returned to the applicant.

(b) Discovery of property after issuance of the CHA Wildlife Document, which is not approved by its owner or lessee to be included in the CHA, shall immediately void the CHA Wildlife Document.

(6) The Division may return any application that is incomplete, completed incorrectly, or that is not accompanied by the information required in Subsection (3).

[(7) Applications are not accepted for a CHA that is within 1/4 mile of any existing state wildlife or waterfowl management area without

requesting a variance from the Wildlife Board.

(8](7) The Division may deny any application or impose provisions on the CHA Wildlife Document that are more restrictive than

this rule:

(a) if CHA operations may present unacceptable risk to wildlife populations or wildlife habitat; or

(b) if the applicant or operator, or any of its agents or employees:

(i) violated this rule, the Wildlife Resources Code, a CHA Wildlife Document, or the CHA application;

(ii) obtained or attempted to obtain a CHA Wildlife Document by fraud, deceit, falsification, or misrepresentation;

(iii) is employed, contracted through writing or verbal agreement, assigned, or requested to apply and act as the operator by a person, group, or business entity that will directly or indirectly benefit from the CHA, but would otherwise be ineligible under this rule or by virtue of suspension under Section 23-19-9 to operate a CHA if they applied directly as the operator; or

(iv) engaged in conduct that results in the conviction of, a plea of no contest to, a plea held in abeyance, or a diversion agreement to a crime of moral turpitude, or any other crime that when considered with the functions and responsibilities of a CHA operator bears a reasonable relationship to the operator's or applicant's ability to safely and responsibly operate a CHA.

([9]8) If an application is denied, the Division shall state the reasons in writing.

R657-4-22. Commercial Hunting Area Acreage Requirements.

(1)(a) The minimum acreage accepted for a CHA is 160 acres in a single contiguous tract.

(b) Non-contiguous areas may be included under a single CHA Wildlife Document if each area is 160 acres or larger and all areas can be contained within a circular area ten miles in diameter.

[(2)(a) A CHA may not be established closer than 1/4 mile of a wildlife management area, waterfowl management area, or migratory bird

refuge unless otherwise allowed by a variance of the Wildlife Board.

(b](2) a renewal application for the same area may be reapproved at the end of a three year Wildlife Document term without

reauthorization by the Wildlife Board.

KEY: wildlife, birds, game laws, aviculture

Date of Last Change: 2026[August 7, 2025]

Notice of Continuation: April 4, 2022

Authorizing, and Implemented or Interpreted Law: 23A-5-302; 23A-2-305; 23A-2-304

!--dar--