(c) increase private Landowner tolerance of big game on their Private Lands;(d) increase big game hunting opportunities;
(e) increase and secure public hunting access on participating Landowners' Private Lands;
(f) reduce the division's obligations in responding to and compensating for depredation events occurring on participating Private Lands;
(g) use objective criteria to determine how hunting opportunities are allocated under the programs; and
(h) allocate hunting opportunities in a manner that fluctuates in proportion to variations in public draw permit numbers.
R657-43-2. Definitions.
(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]n organization consisting of private land owners within a limited entry unit, [which Legal Entity is organized for ]working with the division [as outlined in ]to implement this section and whose land:[rule.] (i) provides habitat for deer, elk, or pronghorn as determined by the division; and (ii) is not enrolled in another private lands permit program (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
