Section R657-4-21 - 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 interfer 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;(c) large scale maps depicting the location of the CHA relative to the nearest city or town;(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) 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) If an application is denied, the Division shall state the reasons in writing.Utah Admin. Code R657-4-21
Adopted by Utah State Bulletin Number 2023-20, effective 10/5/2023