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Rule #1- (read subsection vi)
R657-41-2. Definitions.
(1) Terms used in this rule are defined in Section 23-13-2. (2) In addition:
(a) "Area Conservation Permit" means a permit issued for a specific unit or hunt area for a conservation permit species, and may include an extended season, or legal weapon choice, or both, beyond the season except area turkey permits are valid during any season option and are valid in any open area during general season hunt.
(i) Area Conservation permits issued for limited entry units are not valid on cooperative wildlife management units.
(b) "Conservation Organization" means a nonprofit chartered institution, foundation, or association founded for the purpose of promoting the protection and preservation of one or more conservation permit species and has established tax exempt status under Internal Revenue Code, Section 501C-3 as amended.
(c) "Conservation Permit" means any harvest permit authorized by the Wildlife Board and issued by the division for purposes identified in Section R657-41-1.
(d) "Conservation Permit Species" means the species for which conservation permits may be issued and includes deer, elk, pronghorn, moose, bison, Rocky Mountain goat, Rocky Mountain bighorn sheep, desert bighorn sheep, wild turkey, cougar, and black bear.
(e) "Multi-Year Conservation Permit" means a conservation permit awarded to an eligible conservation organization pursuant to R657-41-7 for three consecutive years to sell, market or otherwise use as an aid in wildlife related fund raising activities.
(f) "Retained Revenue" means 60% of the revenue raised by a conservation organizations from the sale of conservation permits that the organization retains for eligible projects, excluding interest earned thereon.
(g) "Special Antelope Island State Park Conservation Permit" means a permit authorized by the Wildlife Board to hunt bighorn sheep or mule deer on Antelope Island State Park which is issued pursuant to R657-41-12(3).
(h) "Special Antelope Island State Park Limited Entry Permit" means a permit authorized by the Wildlife Board to hunt bighorn sheep or mule deer on Antelope Island State Park which is issued by the division in a general drawing, requiring all applicants to pay an application fee and the successful applicant the cost of the permit
(i) "Sportsman Permit" means a permit which allows a permittee to hunt during the applicable season dates specified in Subsection (k), and which is authorized by the Wildlife Board and issued by the division in a general drawing, requiring all applicants to pay an application fee and the successful applicant the cost of the permit.
(j) "Single Year Conservation Permit" means a conservation permit awarded to an eligible conservation organization pursuant to R657-41-6 for one year to sell, market or otherwise use as an aid in wildlife related fund raising activities.
(k) "Statewide Conservation Permit" means a permit issued for a conservation permit species that allows a permittee to hunt:
(i) big game species on any open unit with archery equipment during the general archery season published in the big game proclamation for the unit beginning before September 1, and with any weapon from September 1 through December 31, except pronghorn and moose from September 1 through November 15 and deer and elk from September 1 through January 15;
(ii) two turkeys on any open unit from April 1 through May 31;
(iii) bear on any open unit during the season authorized by the Wildlife Board for that unit;
(iv) cougar on any open unit during the season authorized by the Wildlife Board for that unit and during the season dates authorized by the Wildlife Board on any harvest objective unit that has been closed by meeting its objective;
(v) Antelope Island is not an open unit for hunting any species of wildlife authorized by a conservation or sportsman permit, except for the Special Antelope Island State Park Conservation Permits and the Special Antelope Island State Park Limited Entry Permits; and
(vi) Central Mountain/Nebo/Wasatch West sheep unit is open to the Sportsmen permit holder on even number years and open to the Statewide Conservation permit holder on odd number years.
Rule #2- (read subsection i)
Utah Code
Title 23 Wildlife Resources Code of Utah
Chapter 20 Enforcement - Violations and Penalties
Section 3 Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized -- Penalty.
23-20-3. Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized -- Penalty.
(1) Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a person may not:
(a) take protected wildlife or its parts;
(b) collect, import, possess, transport, propagate, store, donate, transfer, or export protected wildlife or its parts;
(c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or its parts without having previously procured the necessary licenses, permits, tags, stamps, certificates of registration, authorizations, and receipts required in this title or a rule, proclamation, or order of the Wildlife Board;
(d) take protected wildlife with any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(e) possess while in pursuit of protected wildlife any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(f) take protected wildlife using any method, means, process, or practice not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(g) take protected wildlife outside the season dates, location boundaries, and daily time frames established in rule, proclamation, or order of the Wildlife Board;
(h) take protected wildlife in excess of the bag and possession limits established in rule, proclamation, or order of the Wildlife Board;
(i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule, proclamation, or order of the Wildlife Board, or by executive order of the division director pursuant to Subsection 23-14-8(4);
TERM: Constructive notice= is the legal fiction that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it.
Copied from PAGE 1 of the 2016 Big Game Field guide:
This guidebook summarizes Utah?s big game hunting laws and rules. Although it is a convenient quick-reference document for Utah big game regulations, it is not an all-encompassing resource. For an in-depth look at the state?s big game hunting laws and rules, visit wildlife.utah.gov/rules. You can use the references in the guidebook?such as Utah Admin. Rule R657-5-24 and Utah Code ? 23-20-25?to search the Division?s website for the detailed statute or rule that underpins the guidebook summary. If you have questions about a particular rule, call or visit the nearest Division office.
These are the full sections of each document. It is pretty clear that She broke rules one and two. It is also pretty clear that the proclamation guide book is very clear up front that it is not conclusive to each and every rule. It is also very clear that this was a clear violation that should have been prosecuted but was just minimized and swept under the rug as it directly relates to the Conservation tag big money program that the DWR is relying on for much needed funds.
This entire story is the epitome of what is wrong with Hunting in Utah.
