H.B. 48

This document includes House Floor Amendments incorporated into the bill on Thu, Jan 18, 2007 at 2:41 PM by ddonat. --> This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 8, 2007 at 1:49 PM by rday. --> This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 8, 2007 at 1:51 PM by rday. --> 1

DEPARTMENT OF NATURAL RESOURCES
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Richard W. Wheeler
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill makes changes to provisions governing the Department of Natural Resources.
11 Highlighted Provisions:
12 This bill:
13 . clarifies the definition of a trophy animal in the Wildlife Resources Code;
14 . allows a nonresident peace officer employed by the state to obtain a resident license
15 to fish and hunt;
16 . invalidates any wildlife permit or tag obtained by fraud;
17 . amends the penalties S. and requirements .S for license or permit suspensions;
18 . allows the Wildlife Board to authorize locations where a person may donate
19 protected wildlife;
20 . changes the definition of an all-terrain type I vehicle;
21 H. [ . authorizes the Division of Forestry, Fire, and State Lands to purchase property; ] .H
22 . extends the statute of limitations for wildland fire cost recovery;
23 . updates the terminology regarding fires caused by locomotive engines;
24 . directs state agencies and political subdivisions to pursue opportunities to open
25 public land for responsible off-highway vehicle use;
26 . changes the requirement for the application to extend the amount of time a person
27 has to put water to a beneficial use;

28 . allows the state engineer to send notice by regular mail;
29 . allows the state engineer to employ a deputy;
30 . clarifies the requirement for water users to install measuring devices; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 23-13-2, as last amended by Chapter 66, Laws of Utah 2004
39 23-19-4, as last amended by Chapter 126, Laws of Utah 1983
40 23-19-5, as last amended by Chapter 76, Laws of Utah 1986
41 23-19-9, as repealed and reenacted by Chapter 224, Laws of Utah 2001
42 23-20-9, as repealed and reenacted by Chapter 178, Laws of Utah 1993
43 41-22-2, as last amended by Chapter 2, Laws of Utah 2005
44 41-22-12, as last amended by Chapter 37, Laws of Utah 1999
45 56-1-15, Utah Code Annotated 1953
46 65A-1-4, as last amended by Chapter 159, Laws of Utah 1996
47 65A-6-8, as last amended by Chapter 138, Laws of Utah 1992
48 73-1-4, as last amended by Chapter 99, Laws of Utah 2003
49 73-2-4, Utah Code Annotated 1953
49a H. 73-2-25, as enacted by Chapter 33, Laws of Utah 2005 .H
50 73-3-8, as last amended by Chapter 139, Laws of Utah 1985
51 73-3-12, as last amended by Chapter 58, Laws of Utah 2006
51a H. 73-3b-206, as enacted by Chapter 146, Laws of Utah 1991 .H
52 73-4-3, as last amended by Chapter 252, Laws of Utah 1979
53 73-4-4, Utah Code Annotated 1953
54 73-4-11, Utah Code Annotated 1953
55 73-5-4, Utah Code Annotated 1953
56 73-18b-1, as last amended by Chapter 276, Laws of Utah 1997
57 78-12-23, as last amended by Chapters 79 and 210, Laws of Utah 1996
58 RENUMBERS AND AMENDS:

59 65A-8-101, (Renumbered from 65A-8-1, as last amended by Chapter 319, Laws of
60 Utah 1997)
61 65A-8-102, (Renumbered from 65A-8-2, as last amended by Chapter 294, Laws of
62 Utah 1994)
63 65A-8-103, (Renumbered from 65A-8-3, as repealed and reenacted by Chapter 294,
64 Laws of Utah 1994)
65 65A-8-104, (Renumbered from 65A-8-1.1, as last amended by Chapter 294, Laws of
66 Utah 1994)
67 65A-8-105, (Renumbered from 65A-8-1.2, as last amended by Chapter 352, Laws of
68 Utah 2004)
69 65A-8-201, (Renumbered from 65A-8-4, as repealed and reenacted by Chapter 294,
70 Laws of Utah 1994)
71 65A-8-202, (Renumbered from 65A-8-5, as repealed and reenacted by Chapter 294,
72 Laws of Utah 1994)
73 65A-8-203, (Renumbered from 65A-8-6, as last amended by Chapter 47, Laws of Utah
74 2004)
75 65A-8-204, (Renumbered from 65A-8-6.1, as last amended by Chapter 256, Laws of
76 Utah 2002)
77 65A-8-205, (Renumbered from 65A-8-6.2, as last amended by Chapter 152, Laws of
78 Utah 2006)
79 65A-8-206, (Renumbered from 65A-8-6.3, as last amended by Chapter 319, Laws of
80 Utah 1997)
81 65A-8-207, (Renumbered from 65A-8-6.4, as last amended by Chapter 152, Laws of
82 Utah 2006)
83 65A-8-208, (Renumbered from 65A-8-6.5, as enacted by Chapter 319, Laws of Utah
84 1997)
85 65A-8-209, (Renumbered from 65A-8-7, as repealed and reenacted by Chapter 294,
86 Laws of Utah 1994)
87 65A-8-210, (Renumbered from 65A-8-8, as repealed and reenacted by Chapter 294,
88 Laws of Utah 1994)
89 65A-8-211, (Renumbered from 65A-8-9, as last amended by Chapter 71, Laws of Utah

90 1998)
91 65A-8-212, (Renumbered from 65A-8-10, as repealed and reenacted by Chapter 294,
92 Laws of Utah 1994)
93 65A-8-301, (Renumbered from 63-11-57, as enacted by Chapter 188, Laws of Utah
94 1975)
95 65A-8-302, (Renumbered from 63-11-58, as last amended by Chapter 159, Laws of
96 Utah 1996)
97 65A-8-303, (Renumbered from 63-11-59, as last amended by Chapter 305, Laws of
98 Utah 1983)
99 65A-8-304, (Renumbered from 63-11-60, as last amended by Chapter 305, Laws of
100 Utah 1983)
101 65A-8-305, (Renumbered from 63-11-60.3, as enacted by Chapter 305, Laws of Utah
102 1983)
103 65A-8-306, (Renumbered from 63-11-60.4, as last amended by Chapter 10, Laws of
104 Utah 1997)
105 65A-8-307, (Renumbered from 63-11-61, as last amended by Chapter 305, Laws of
106 Utah 1983)
107 65A-8-308, (Renumbered from 63-11-64, as last amended by Chapter 38, Laws of Utah
108 1993)
109 65A-8-309, (Renumbered from 63-11-65, as enacted by Chapter 305, Laws of Utah
110 1983)
111
112 Be it enacted by the Legislature of the state of Utah:
113 Section 1. Section 23-13-2 is amended to read:
114 23-13-2. Definitions.
115 As used in this title:
116 (1) "Activity regulated under this title" means any act, attempted act, or activity
117 prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or
118 the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
119 (a) fishing;
120 (b) hunting;

121 (c) trapping;
122 (d) taking;
123 (e) permitting any dog, falcon, or other domesticated animal to take;
124 (f) transporting;
125 (g) possessing;
126 (h) selling;
127 (i) wasting;
128 (j) importing;
129 (k) exporting;
130 (l) rearing;
131 (m) keeping;
132 (n) utilizing as a commercial venture; and
133 (o) releasing to the wild.
134 (2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
135 (3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
136 amphibians.
137 (4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
138 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
139 that one person may legally take during one day.
140 (6) "Big game" means species of hoofed protected wildlife.
141 (7) "Carcass" means the dead body of an animal or its parts.
142 (8) "Certificate of registration" means a document issued under this title, or any rule or
143 proclamation of the Wildlife Board granting authority to engage in activities not covered by a
144 license, permit, or tag.
145 (9) "Closed season" means the period of time during which the taking of protected
146 wildlife is prohibited.
147 (10) "Conservation officer" means a full-time, permanent employee of the Division of
148 Wildlife Resources who is POST certified as a peace or a special function officer.
149 (11) "Dedicated hunter program" means a program that provides:
150 (a) expanded hunting opportunities;
151 (b) opportunities to participate in projects that are beneficial to wildlife; and

152 (c) education in hunter ethics and wildlife management principles.
153 (12) "Division" means the Division of Wildlife Resources.
154 (13) (a) "Domicile" means the place:
155 (i) where an individual has a fixed permanent home and principal establishment;
156 (ii) to which the individual if absent, intends to return; and
157 (iii) in which the individual, and the individual's family voluntarily reside, not for a
158 special or temporary purpose, but with the intention of making a permanent home.
159 (b) To create a new domicile an individual must:
160 (i) abandon the old domicile; and
161 (ii) be able to prove that a new domicile has been established.
162 (14) "Endangered" means wildlife designated as such [pursuant] according to Section 3
163 of the federal Endangered Species Act of 1973.
164 (15) "Fee fishing facility" has the meaning provided in Section 4-37-103 .
165 (16) "Feral" means an animal which is normally domesticated but has reverted to the
166 wild.
167 (17) "Fishing" means to take fish or crayfish by any means.
168 (18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
169 Castoridae families, except coyote and cougar.
170 (19) "Game" means wildlife normally pursued, caught, or taken by sporting means for
171 human use.
172 (20) (a) "Guide" means a person who receives compensation or advertises services for
173 assisting another person to take protected wildlife.
174 (b) Assistance under Subsection (20)(a) includes the provision of food, shelter, or
175 transportation, or any combination of these.
176 (21) "Guide's agent" means a person who is employed by a guide to assist another
177 person to take protected wildlife.
178 (22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
179 means.
180 (23) "Intimidate or harass" means to physically interfere with or impede, hinder, or
181 diminish the efforts of an officer in the performance of the officer's duty.
182 (24) "Nonresident" means a person who does not qualify as a resident.

183 (25) "Open season" means the period of time during which protected wildlife may be
184 legally taken.
185 (26) "Pecuniary gain" means the acquisition of money or something of monetary value.
186 (27) "Permit" means a document, including a stamp, which grants authority to engage
187 in specified activities under this title or a rule or proclamation of the Wildlife Board.
188 (28) "Person" means an individual, association, partnership, government agency,
189 corporation, or an agent of the foregoing.
190 (29) "Possession" means actual or constructive possession.
191 (30) "Possession limit" means the number of bag limits one individual may legally
192 possess.
193 (31) (a) "Private fish installation" means a body of water where privately owned,
194 protected aquatic wildlife are propagated or kept.
195 (b) "Private fish installation" does not include any aquaculture facility or fee fishing
196 facility.
197 (32) "Private wildlife farm" means an enclosed place where privately owned birds or
198 furbearers are propagated or kept and [which] that restricts the birds or furbearers from:
199 (a) commingling with wild birds or furbearers; and
200 (b) escaping into the wild.
201 (33) "Proclamation" means the publication used to convey a statute, rule, policy, or
202 pertinent information as it relates to wildlife.
203 (34) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection
204 (3), except as provided in Subsection (34)(b).
205 (b) "Protected aquatic wildlife" does not include aquatic insects.
206 (35) (a) "Protected wildlife" means wildlife as defined in Subsection (49), except as
207 provided in Subsection (35)(b).
208 (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel,
209 jack rabbit, muskrat, and raccoon.
210 (36) "Released to the wild" means to be turned loose from confinement.
211 (37) (a) "Resident" means a person who:
212 (i) has been domiciled in the state [of Utah] for six consecutive months immediately
213 preceding the purchase of a license; and

214 (ii) does not claim residency for hunting, fishing, or trapping in any other state or
215 country.
216 (b) A Utah resident retains Utah residency if that person leaves this state:
217 (i) to serve in the armed forces of the United States or for religious or educational
218 purposes; and
219 (ii) complies with Subsection (37)(a)(ii).
220 (c) (i) A member of the armed forces of the United States and dependents are residents
221 for the purposes of this chapter as of the date the member reports for duty under assigned
222 orders in the state if the member:
223 (A) is not on temporary duty in this state; and
224 (B) complies with Subsection (37)(a)(ii).
225 (ii) A copy of the assignment orders must be presented to a wildlife division office to
226 verify the member's qualification as a resident.
227 (d) A nonresident attending an institution of higher learning in this state as a full-time
228 student may qualify as a resident for purposes of this chapter if the student:
229 (i) has been present in this state for 60 consecutive days immediately preceding the
230 purchase of the license; and
231 (ii) complies with Subsection (37)(a)(ii).
232 (e) A Utah resident license is invalid if a resident license for hunting, fishing, or
233 trapping is purchased in any other state or country.
234 (f) An absentee landowner paying property tax on land in Utah does not qualify as a
235 resident.
236 (38) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
237 selling, bartering, exchanging, or trading.
238 (39) "Small game" means species of protected wildlife:
239 (a) commonly pursued for sporting purposes; and
240 (b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey,
241 cougar, and bear.
242 (40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for
243 human consumption.
244 (41) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or

245 other artificial light on any highway or in any field, woodland, or forest while having in
246 possession a weapon by which protected wildlife may be killed.
247 (42) "Tag" means a card, label, or other identification device issued for attachment to
248 the carcass of protected wildlife.
249 (43) "Take" means to:
250 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
251 wildlife; or
252 (b) attempt any action referred to in Subsection (43)(a).
253 (44) "Threatened" means wildlife designated as such pursuant to Section 3 of the
254 federal Endangered Species Act of 1973.
255 (45) "Trapping" means taking protected wildlife with a trapping device.
256 (46) "Trophy animal" means an animal described as follows:
257 (a) deer - any buck with an outside antler measurement of 24 inches or greater;
258 (b) elk - any bull with six points on at least one side;
259 (c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
260 (d) moose - any bull with at least one antler exceeding five inches in length;
261 (e) mountain goat - any male or female;
262 (f) pronghorn antelope - any buck with horns exceeding 14 inches; or
263 (g) bison - any bull.
264 (47) "Waste" means to abandon protected wildlife or to allow protected wildlife to
265 spoil or to be used in a manner not normally associated with its beneficial use.
266 (48) "Water pollution" means the introduction of matter or thermal energy to waters
267 within this state which:
268 (a) exceeds state water quality standards; or
269 (b) could be harmful to protected wildlife.
270 (49) "Wildlife" means:
271 (a) crustaceans, including brine shrimp and crayfish;
272 (b) mollusks; and
273 (c) vertebrate animals living in nature, except feral animals.
274 Section 2. Section 23-19-4 is amended to read:
275 23-19-4. Alien's and nonresident peace officer's right to licenses and certificates.

276 (1) An alien resident of the State of Utah may purchase hunting, fishing, trapping,
277 seining, and fur dealer licenses and certificates of registration upon the same terms as a resident
278 citizen.
279 (2) All nonresident aliens may purchase hunting, fishing, trapping, seining, and fur
280 dealer licenses and certificates of registration upon the same terms as nonresident citizens.
281 (3) Notwithstanding Subsection 23-19-5 (1)(b), a nonresident may purchase a hunting,
282 fishing, trapping, seining, and fur dealer license and certificate of registration upon the same
283 terms as a resident citizen if the person is:
284 (a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace
285 Officer Classifications; and
286 (b) required to live outside the state as a condition of the person's employment.
287 Section 3. Section 23-19-5 is amended to read:
288 23-19-5. Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or
289 certificate of registration unlawful -- Violation -- Penalty.
290 (1) It is unlawful for:
291 (a) any person to obtain or attempt to obtain a license, permit, tag, or certificate of
292 registration by fraud, deceit, or misrepresentation[. It is unlawful for];
293 (b) a nonresident to purchase a resident license[. It is unlawful for]; and
294 (c) a resident to purchase a nonresident license.
295 (2) Any license, permit, tag, or certificate of registration obtained in violation of
296 Subsection (1) is invalid.
297 (3) Any person violating [provisions of this section] Subsection (1) is guilty of a class
298 B misdemeanor.
299 (4) A fraudulent claim of residency in another state or country does not exempt a
300 person from the definition of resident in Section 23-13-2 .
301 Section 4. Section 23-19-9 is amended to read:
302 23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
303 registration.
304 (1) As used in this section, "license or permit privileges" means the privilege of
305 applying for, purchasing, and exercising the benefits conferred by a license or permit issued by
306 the division.

307 (2) A hearing officer, appointed by the division, [shall] may suspend a person's
308 [privilege of applying for, purchasing, and exercising the benefits conferred by one or more
309 licenses or permits issued by the division] license or permit privileges if:
310 (a) in a court of law, the person:
311 (i) is convicted of:
312 (A) violating this title or a rule of the Wildlife Board;
313 (B) killing or injuring domestic livestock while engaged in an activity regulated under
314 this title; or
315 (C) violating Section 76-10-508 while engaged in an activity regulated under this title;
316 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
317 contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
318 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
319 enters into a diversion agreement which suspends the prosecution of the offense; S. [ and ]
319a (b) the court:
319b (i) recommends the suspension of the license or permit privileges; and
319c (ii) establishes the duration of the suspension; and
320 [ (b) ] (c) .S the hearing officer determines the person committed the offense intentionally,
321 knowingly, or recklessly, as defined in Section 76-2-103 .
322 S. [ (3) (a) The Wildlife Board shall make rules establishing guidelines [for] that a hearing
323 officer [to] shall consider in determining:
324 (i) the type of license or permit privileges to suspend[.]; and
325 (ii) the duration of the suspension.
326 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
327 (3)(a) are consistent with Subsections (4), (5), and (6).
328 (4) Except as provided in [Subsection] Subsections (5) and (6), a hearing officer [shall]
329 may suspend a person's license or permit privileges [pursuant] according to Subsection (2) for
330 [the following time periods] a period of time not to exceed:
331 (a) seven years for:
332 (i) a felony conviction;
333 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
334 held in abeyance pursuant to a plea in abeyance agreement; or
335 (iii) being charged with an offense punishable as a felony, the prosecution of which is
336 suspended pursuant to a diversion agreement;
337 (b) five years for: ] .S

338 S. [ (i) a class A misdemeanor conviction;
339 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
340 which plea is held in abeyance pursuant to a plea in abeyance agreement; or
341 (iii) being charged with an offense punishable as a class A misdemeanor, the
342 prosecution of which is suspended pursuant to a diversion agreement; [and]
343 (c) three years for:
344 (i) a class B misdemeanor conviction [under Section 23-20-4 ];
345 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
346 [under Section 23-20-4 , which] when the plea is held in abeyance [pursuant] according to a
347 plea in abeyance agreement; or
348 (iii) being charged with an offense punishable as a class B misdemeanor [under Section
349 23-20-4 ], the prosecution of which is suspended pursuant to a diversion agreement[.]; and
350 [(5) Suspension periods as set forth in Subsection (4) shall be doubled for offenses:]
351 (d) one year for:
352 (i) a class C misdemeanor conviction;
353 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
354 when the plea is held in abeyance according to a plea in abeyance agreement; or
355 (iii) being charged with an offense punishable as a class C misdemeanor, the
356 prosecution of which is suspended according to a diversion agreement.
357 (5) The hearing officer may double a suspension period established in Subsection (4)
358 for offenses:
359 (a) committed in violation of an existing suspension or revocation order issued by the
360 courts, division, or Wildlife Board; or
361 (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2 .
362 (6) (a) A hearing officer may suspend, [pursuant] according to Subsection (2), a
363 person's [privilege to apply for, purchase, and exercise the benefits conferred by] license or
364 permit privileges for a particular license or permit only once for each single criminal episode,
365 as defined in Section 76-1-401 .
366 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
367 suspension periods of any license or permit privileges of the same type suspended, [pursuant]
368 according to Subsection (2), [shall] may run consecutively. ] .S

369 S. [ (c) If a hearing officer suspends, [pursuant] according to Subsection (2), license or
370 permit privileges of the type that have been previously suspended by a court, a hearing officer,
371 or the Wildlife Board and the suspension period has not expired, the suspension periods [shall]
372 may run consecutively. ] .S
373 [(7) (a) A hearing officer, appointed by the division, shall suspend a person's privilege
374 of applying for, purchasing, and exercising the benefits conferred by one or more licenses or
375 permits issued by the division if:]
376 [(i) within a five-year period, the person, on three or more occasions, in a court of law,
377 is convicted or enters into a plea in abeyance agreement or diversion agreement as follows:]
378 [(A) the person is convicted of an offense listed in Subsection (2)(a)(i) that is
379 punishable as a class B or C misdemeanor;]
380