R58. Agriculture and Food, Animal Industry.
R58-25. Aerial Hunting Permits and Licenses.
R58-25-1. Authority and Purpose.
1) Pursuant to Utah Code 4-23-106(7), this rule establishes a system for the issuance of aerial hunting permits to protect livestock from predatory animals, establishes the duties of a permittee, and the licensing qualification and requirements for the pilot and the aircraft to be used in aerial hunting.
R58-25-2. Definitions.
1) "Aerial hunting" means the use of any aircraft by a private person to harass, injure, or destroy a predatory animal for the protection of land, water, livestock, domestic animals, human life, or crops.
2) "Aerial shooter" means a permittee or an agent of the permittee engaged in the hunting or shooting of a predatory animal from an aircraft.
3) "Aircraft" means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air.
4) "Department" means the Utah Department of Agriculture and Food.
5) "Predatory animal" means any coyote.
R58-25-3. Permit Application.
1) A private person who engages in the aerial hunting of any bird, fish, or other animal, including a predatory animal shall first obtain a permit from the department.
2) An applicant seeking an aerial hunting permit shall submit the following to the department:
a) a completed application form provided by the department;
b) the name of the individual(s) to be engaged as the aerial shooter; and
c) name and department's licensing number of the pilot to be used.
3) An applicant shall further submit to the department:
a) written consent from each private landowner on whose property the applicant plans to conduct aerial hunting operations;
b) a signed statement affirming the permittee, or any aerial shooter engaged by the permittee is not a restricted person as defined in Utah Code 76-10-503.
4) An application is not considered complete until the application fee, as approved by the legislature in the fee schedule, has been paid to the department.
5) The department shall deny any applicant who does not submit all required information.
6) The department shall deny any applicant who does not meet the qualification of Utah Code 4-23-106(6).
7) The department may refuse to issue a permit, or revoke an existing permit, if the permit application contains false information.
8) The department shall respond to an application within 15 days.
R58-25-4. Licensing for Pilots.
1) A pilot shall be licensed by the department before engaging in aerial hunting activities.
2) An applicant seeking a license as an aerial hunting pilot shall submit the following to the department:
a) a completed application form provided by the department;
b) proof of a current pilot's license;
c) proof of having 200 total flying hours;
d) a copy of the current registration with the Federal Aviation Administration or the Utah Division of Aeronautics for any aircraft, intended to be used in aerial hunting;
e) proof of aviation insurance with a minimum liability coverage amount no less than $250,000; and
f) date and class of the most recent flight medical exam.
3) A pilot shall have a private pilot's license as a minimum rating to qualify for licensure with the department.
4) An application is not considered complete until the application fee, as approved by the legislature in the fee schedule, has been paid to the department.
5) The department shall deny any applicant who does not submit all required information.
6) The department may refuse to issue a permit, or revoke an existing permit, if the permit application contains false information.
7) The department shall respond to an application within 15 days.
8) A license shall be valid form July 1st through June 30th.
9) A license shall be renewed yearly.
10) The department may deny renewal, if the licensee is not fully qualified or has failed to maintain qualification in anyway during the previous license period.
R58-25-5. Terms of the Permit or License.
1) A permittee or licensee shall only engage in aerial hunting in the geographic area specified on the permit.
2) The permit and licenses shall be in the possession of the permittee or licensee when engaged in the activities covered by the permit.
3) Permits are not transferable.
4) The permittee shall file semi-annual reports with the department.
5) The department shall be notified by the permittee of any changes to aircraft, pilots, geographic locations, or shooters not previously listed on the application within 5 days.
6) The Department shall issue an amended permit within 15 days of receiving notification of changes as specified in R58-25-5(5).
7) Information concerning aerial hunting activities conducted by the permittee shall be provided to those federal land management agencies on whose land the activities are to be conducted by the permittee. This provision shall not be interpreted to require a permit applicant to obtain permission from the federal land management agency to conduct aerial hunting activities as a condition of receiving the permit from the department.
8) The permittee shall coordinate aerial hunting activities with U.S.D.A., A.P.H.I.S., Wildlife Services and the Utah Division of Wildlife Resources.
9) The permittee shall comply with all applicable federal and state laws and regulations.
