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January 21, 1999
Mr. Speaker:
The Natural Resources, Agriculture, and Environment Committee reports a favorable recommendation on H.B. 196, REGULATION ON HUNTING COUGAR OR BEAR, by Representative M. Styler, with the following amendments:
1. Page 1, Line 7: After "BEAR;" insert "AND MAKING TECHNICAL AMENDMENTS;"
2. Page 1, Line 10: After line 10 insert:
" 23-13-2, as last amended by Chapter 265, Laws of Utah 1996"
3. Page 1, Line 14: After line 14 insert:
"ENACTS:
23-19-22.5, Utah Code Annotated 1953"
4. Page 1, Line 15: After line 15 insert:
"Section 1. Section 23-13-2 is amended to read:
23-13-2 . Definitions.
As used in this title:
(1) "Activity regulated under this title" means any act, attempted act, or activity prohibited or regulated under any provision of Title 23 or the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
(a) fishing;
(b) hunting;
(c) trapping;
(d) taking;
(e) permitting any dog, falcon, or other domesticated animal to take;
(f) transporting;
(g) possessing;
(h) selling;
(i) wasting;
(j) importing;
(k) exporting;
(l) rearing;
(m) keeping;
(n) utilizing as a commercial venture; and
(o) releasing to the wild.
(2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
(3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or amphibians.
(4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
(5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that one person may legally take during one day.
(6) "Big game" means species of hoofed protected wildlife.
(7) "Carcass" means the dead body of an animal or its parts.
(8) "Certificate of registration" means a document issued under this title, or any rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag.
(9) "Closed season" means the period of time during which the taking of protected wildlife is prohibited.
(10) "Conservation officer" means a full-time, permanent employee of the Division of Wildlife Resources who is POST certified as a peace or a special function officer.
(11) "Division" means the Division of Wildlife
Resources.
(12)
(a)
"Domicile" means the place:
(i)
where an individual has a fixed permanent
home and principal establishment;
(ii)
to which the individual if absent, intends to
return; and
(iii)
in which the individual and the individual's
family voluntarily reside, not for a special or
temporary purpose, but with the intention of
making a permanent home.
(b)
To create a new domicile an individual
must:
(i)
abandon the old domicile; and
(ii)
be able to prove that a new domicile has
been established.
(13)
"Endangered" means wildlife designated as
such pursuant to Section 3 of the federal
Endangered Species Act of 1973.
(14)
"Fee fishing facility" has the meaning
provided in Section
4-37-103
.
(15)
"Feral" means an animal which is normally
domesticated but has reverted to the wild.
(16)
"Fishing" means to take fish or crayfish by
any means.
(17)
"Furbearer" means species of the
Bassariscidae, Canidae, Felidae, Mustelidae,
and Castoridae families, except coyote and
cougar.
(18)
"Game" means wildlife normally pursued,
caught, or taken by sporting means for human
use.
(19)
(a)
"Guide" means a person who receives
compensation or advertises services for assisting
another person to take protected wildlife.
(b)
Assistance under Subsection (a) includes the
provision of food, shelter, or transportation, or
any combination of these.
(20)
"Guide's agent" means a person who is
employed by a guide to assist another person to
take protected wildlife.
(21)
"Hunting" means to take or pursue a
reptile, amphibian, bird, or mammal by any
means.
(22)
"Intimidate or harass" means to physically
interfere with or impede, hinder, or diminish the
efforts of an officer in the performance of the
officer's duty.
[
(23)
"License" means the primary document granting authority to engage in activities under:
]
[
(a)
this title; or
]
[
(b)
a rule or proclamation of the Wildlife Board.
]
[
(24)
]
(23)
"Nonresident" means a person who does not qualify as a resident.
[
(25)
]
(24)
"Open season" means the period of time during which protected wildlife may be
legally taken.
[
(26)
]
(25)
"Pecuniary gain" means the acquisition of money or something of monetary
value.
[
(27)
]
(26)
"Permit" means a
[
secondary
]
document, including a stamp, which
[
: (a)
requires a license as a prerequisite to its
issuance; and (b)
]
grants authority to engage in specified activities under this title or a rule or
proclamation of the Wildlife Board.
[
(28)
]
(27)
"Person" means an individual, association, partnership, government agency,
corporation, or an agent of the foregoing.
[
(29)
]
(28)
"Possession" means actual or constructive possession.
[
(30)
]
(29)
"Possession limit" means the number of bag limits one individual may legally
possess.
[
(31)
]
(30)
(a)
"Private fish installation" means
a body of water where privately owned,
protected aquatic wildlife are propagated or
kept.
(b)
"Private fish installation" does not include
any aquaculture facility or fee fishing facility.
[
(32)
]
(31)
"Private wildlife farm" means an enclosed place where privately owned birds or
furbearers are propagated or kept and which
restricts the birds or furbearers from:
(a)
commingling with wild birds or furbearers;
and
(b)
escaping into the wild.
[
(33)
]
(32)
"Proclamation" means the publication used to convey a statute, rule,
policy, or pertinent information as it relates to
wildlife.
[
(34)
]
(33)
(a)
"Protected aquatic wildlife" means aquatic wildlife as defined in Subsection
(3), except as provided in Subsection (b).
(b)
"Protected aquatic wildlife" does not
include aquatic insects.
[
(35)
]
(34)
(a)
"Protected wildlife" means wildlife as defined in Subsection (49), except as
provided in Subsection (b).
(b)
"Protected wildlife" does not include
coyote, field mouse, gopher, ground squirrel,
jack rabbit, muskrat, and raccoon.
[
(36)
]
(35)
"Released to the wild" means to turn loose from confinement.
[
(37)
]
(36)
(a)
"Resident" means a person who:
(i)
has been domiciled in the state of Utah for
six consecutive months immediately preceding
the purchase of a license; and
(ii)
does not claim residency for hunting,
fishing, or trapping in any other state or country.
(b)
A Utah resident retains Utah residency if
that person leaves this state:
(i)
to serve in the armed forces of the United
States or for religious or educational purposes;
and
(ii)
complies with Subsection (a)(ii).
(c)
(i)
A member of the armed forces of the
United States and dependents are residents for
the purposes of this chapter as of the date the
member reports for duty under assigned orders
in the state if the member:
(A)
is not on temporary duty in this state; and
(B)
complies with Subsection (a)(ii).
(ii)
A copy of the assignment orders must be
presented to a wildlife division office to verify
the member's qualification as a resident.
(d)
A nonresident attending an institution of
higher learning in this state as a full-time
student may qualify as a resident for purposes of
this chapter if the student:
(i)
has been present in this state for 60
consecutive days immediately preceding the
purchase of the license; and
(ii)
complies with Subsection (a)(ii).
(e)
A Utah resident license is invalid if a
resident license for hunting, fishing, or trapping
is purchased in any other state or country.
(f)
An absentee landowner paying property tax
on land in Utah does not qualify as a resident.
[
(38)
]
(37)
"Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
selling, bartering, exchanging, or trading.
[
(39)
]
(38)
"Small game" means species of protected wildlife:
(a)
commonly pursued for sporting purposes;
and
(b)
not classified as big game, aquatic wildlife,
or furbearers
and excluding cougar and bear
.
[
(40)
]
(39)
"Spoiled" means impairment of the flesh of wildlife which renders it unfit for
human consumption.
[
(41)
]
(40)
"Spotlighting" means throwing or casting the rays of any spotlight, headlight, or
other artificial light on any highway or in any
field, woodland, or forest while having in
possession a weapon by which protected
wildlife may be killed.
[
(42)
]
(41)
"Tag" means a card, label, or other identification device issued for attachment to the
carcass of protected wildlife.
[
(43)
]
(42)
"Take" means to:
(a)
hunt, pursue, harass, catch, capture, possess,
angle, seine, trap, or kill any protected wildlife;
or
(b)
attempt any action referred to in Subsection
(a).
[
(44)
]
(43)
"Threatened" means wildlife designated as such pursuant to Section 3 of the
federal Endangered Species Act of 1973.
[
(45)
]
(44)
"Trapping" means taking protected wildlife with a trapping device.
[
(46)
]
(45)
"Trophy animal" means an animal described as follows:
(a)
deer - any buck with an outside antler
measurement of 24 inches or greater;
(b)
elk - any bull with six points on at least one
side;
(c)
bighorn, desert, or rocky mountain sheep -
any ram with a curl exceeding half curl;
(d)
moose - any bull;
(e)
mountain goat - any male or female;
(f)
pronghorn antelope - any buck with horns
exceeding 14 inches; or
(g)
bison - any bull.
[
(47)
]
(46)
"Waste" means to abandon protected wildlife or to allow protected wildlife to spoil or
to be used in a manner not normally associated
with its beneficial use.
[
(48)
]
(47)
"Water pollution" means the introduction of matter or thermal energy to
waters within this state which:
(a)
exceeds state water quality standards; or
(b)
could be harmful to protected wildlife.
[
(49)
]
(48)
"Wildlife" means:
(a)
crustaceans, including brine shrimp and
crayfish;
(b)
mollusks; and
(c)
vertebrate animals living in nature, except
feral animals."
5. Page 2, Line 30: After line 30 insert:
"Section 2. Section 23-19-22.5 is enacted to read:
23-19-22.5. Cougar or bear hunting permit.
(1) A person 12 years of age or older, upon
paying the fee prescribed by the Wildlife Board,
may receive a permit to hunt cougar or bear as
provided by rules of the Wildlife Board.
(2) One dollar of each cougar or bear permit fee
collected from a resident shall be used for the
hunter education program."
Renumber remaining sections accordingly.
Respectfully,
Bradley T. Johnson
Committee Chair
Voting: 13-0 -1
3 HB0196.HC1 Lrussell/CSS JBL/CCS 10:13 AM
Bill Number
*HB0196*
HB0196