Utah Admin. Code R657-41-8 - Distributing Conservation Permits
(1) The
division and conservation organization receiving permits shall enter into a
contract.
(2)
(a) Conservation organizations receiving the
opportunity to distribute permits must ensure the permit opportunities are
marketed, auctioned, and distributed by lawful means.
(b) Conservation permit vouchers may not be
purchased or redeemed by officers, agents, directors or employees of a
conservation permit organization unless:
(i)
the voucher was sold at an in-person banquet or fundraiser hosted by the
conservation organization;
(ii) the
sale was administered by an auctioneer; and
(iii) the sales process was administered in a
manner so as to secure fair market value for the voucher.
(3)
(a) The conservation organization must:
(i) obtain the following information at the
time of sale:
(A) full name of the successful
bidder;
(B) date the permit
opportunity is auctioned; and
(C)
winning bid amount for that permit opportunity;
(ii) submit the information required in
Subsection (3)(a)(i) to the division within 10 days of the event where the
permit opportunity is auctioned to the highest bidder; and
(iii) identify the individual who is
authorized to redeem the conservation permit voucher and submit it to the
division prior to the individual attempting to redeeming the voucher.
(b) The division will not issue a
conservation permit unless required information about the winning bidder and
authorized recipient of the voucher is first received by the
division.
(c)
(i) an absentee bidder may only use an agent
or representative to bid on a conservation permit opportunity on their behalf
if authorized by the conservation organization.
(ii) A winning bid offered by an agent or
representative on behalf of an absentee bidder legally obligates the absentee
bidder to satisfy the bid obligation submitted by the representative.
(iii) For the purposes of this rule, an
absentee bidder is considered the successful bidder when the winning bid is
offered by their agent or representative.
(4) If the successful bidder or a person
designated by the successful bidder to receive a conservation permit voucher
fails to pay the conservation organization the winning bid amount that secured
the permit opportunity, the conservation organization may remarket the permit
opportunity using any legal means and designate another person to receive the
permit opportunity.
(5)
(a) If, for any reason, the successful bidder
elects not to personally use a conservation permit opportunity, they may assign
that opportunity to another person, provided:
(i) the conservation organization is notified
of the assignment;
(ii) the
original winning bid amount for the permit opportunity is received in full by
the conservation organization and not decreased;
(iii) the conservation organization handles
and otherwise uses the entire winning bid amount consistent with the
requirements in Section
R657-41-9;
(iv) the successful bidder
executes an affidavit verifying they are not profiting from the assignment;
and
(v) the successful bidder
separates all fees for guiding services from any transaction associated with
assigning the permit opportunity.
(b) If a person assigned a permit opportunity
by the successful bidder or a person possessing a permit voucher is unable to
use the permit opportunity for any reason, including obtaining another Utah
permit for the same species, the conservation organization may remarket the
permit opportunity using any legal means and designate another person to
receive the opportunity, provided:
(i) the
conservation organization selects the new recipient of the permit
opportunity;
(ii) the amount of
money received by the division for the permit opportunity is not
decreased;
(iii) the conservation
organization relinquishes to the division and otherwise uses all proceeds
generated from the re-designated permit opportunity consistent with the
requirements in Section
R657-41-9;
(iv) the conservation organization and the
holder of the permit opportunity execute an affidavit verifying neither is
profiting from transferring the right to the permit; and
(v) the permit has not been issued by the
division to the first designated person.
(6)
(a)
Except as otherwise provided under Subsections (4) and (5), neither the
conservation organization, successful bidder, successful bidder's assignee, nor
the holder of a conservation permit voucher may offer for sale, sell, or
transfer the rights to that designation to any other person.
(7) A person cannot obtain more
than one conservation permit for a single conservation permit species per year,
except:
(a) two elk permits may be obtained,
provided one or both are antlerless permits; and
(b) turkey.
(c) A person may obtain both a desert bighorn
ram permit and rocky mountain bighorn ram conservation permit in a single
year.
(8) The person
designated on a conservation permit voucher must possess or obtain a current
Utah hunting or combination license to redeem the voucher for the corresponding
conservation permit.
Notes
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