(1) The Wildlife Board shall deny a variance appeal or request where the applicant:
- (a) fails to satisfy the variance criteria set forth in this rule;
- (b) is under a judicial or administrative order suspending his/her wildlife document privileges at the time the variance request is filed or at any time while the variance would be in effect;
- (c) was legally ineligible to apply for, obtain, or use the original wildlife document for which a variance is sought;
- (d) is legally ineligible to engage in the activity proposed for authorization in a variance;
- (e) is legally ineligible to use the weapon type or implement authorized by a wildlife document during the original season or the proposed substitute season;
- (f) provides false or misleading information on a material fact in the variance request application or the appeal; or
- (g) provides false or misleading information on a material fact in a previous variance request application or appeal.
- (2) The Wildlife Board may deny a variance appeal or request when it is contrary to sound public policy, wildlife management objectives, Division policies and interests, or the interests sought to be served by this rule.
KEY: wildlife, permits
Date of Last Change: October 22, 2025
Notice of Continuation: July 5, 2023
Authorizing, and Implemented or Interpreted Law: 23A-2-304; 23A-2-305