First Substitute H.B. 48

Senator Margaret Dayton proposes the following substitute bill:

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 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 . extends the statute of limitations for wildland fire cost recovery;
22 . updates the terminology regarding fires caused by locomotive engines;
23 . directs state agencies and political subdivisions to pursue opportunities to open
24 public land for responsible off-highway vehicle use;
25 . changes the requirement for the application to extend the amount of time a person

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40 23-19-9, as repealed and reenacted by Chapter 224, Laws of Utah 2001
41 23-20-9, as repealed and reenacted by Chapter 178, Laws of Utah 1993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

57 73-18b-1, as last amended by Chapter 276, Laws of Utah 1997
58 78-12-23, as last amended by Chapters 79 and 210, Laws of Utah 1996
59 RENUMBERS AND AMENDS:
60 65A-8-101, (Renumbered from 65A-8-1, as last amended by Chapter 319, Laws of
61 Utah 1997)
62 65A-8-102, (Renumbered from 65A-8-2, as last amended by Chapter 294, Laws of
63 Utah 1994)
64 65A-8-103, (Renumbered from 65A-8-3, as repealed and reenacted by Chapter 294,
65 Laws of Utah 1994)
66 65A-8-104, (Renumbered from 65A-8-1.1, as last amended by Chapter 294, Laws of
67 Utah 1994)
68 65A-8-105, (Renumbered from 65A-8-1.2, as last amended by Chapter 352, Laws of
69 Utah 2004)
70 65A-8-201, (Renumbered from 65A-8-4, as repealed and reenacted by Chapter 294,
71 Laws of Utah 1994)
72 65A-8-202, (Renumbered from 65A-8-5, as repealed and reenacted by Chapter 294,
73 Laws of Utah 1994)
74 65A-8-203, (Renumbered from 65A-8-6, as last amended by Chapter 47, Laws of Utah
75 2004)
76 65A-8-204, (Renumbered from 65A-8-6.1, as last amended by Chapter 256, Laws of
77 Utah 2002)
78 65A-8-205, (Renumbered from 65A-8-6.2, as last amended by Chapter 152, Laws of
79 Utah 2006)
80 65A-8-206, (Renumbered from 65A-8-6.3, as last amended by Chapter 319, Laws of
81 Utah 1997)
82 65A-8-207, (Renumbered from 65A-8-6.4, as last amended by Chapter 152, Laws of
83 Utah 2006)
84 65A-8-208, (Renumbered from 65A-8-6.5, as enacted by Chapter 319, Laws of Utah
85 1997)
86 65A-8-209, (Renumbered from 65A-8-7, as repealed and reenacted by Chapter 294,
87 Laws of Utah 1994)

88 65A-8-210, (Renumbered from 65A-8-8, as repealed and reenacted by Chapter 294,
89 Laws of Utah 1994)
90 65A-8-211, (Renumbered from 65A-8-9, as last amended by Chapter 71, Laws of Utah
91 1998)
92 65A-8-212, (Renumbered from 65A-8-10, as repealed and reenacted by Chapter 294,
93 Laws of Utah 1994)
94 65A-8-301, (Renumbered from 63-11-57, as enacted by Chapter 188, Laws of Utah
95 1975)
96 65A-8-302, (Renumbered from 63-11-58, as last amended by Chapter 159, Laws of
97 Utah 1996)
98 65A-8-303, (Renumbered from 63-11-59, as last amended by Chapter 305, Laws of
99 Utah 1983)
100 65A-8-304, (Renumbered from 63-11-60, as last amended by Chapter 305, Laws of
101 Utah 1983)
102 65A-8-305, (Renumbered from 63-11-60.3, as enacted by Chapter 305, Laws of Utah
103 1983)
104 65A-8-306, (Renumbered from 63-11-60.4, as last amended by Chapter 10, Laws of
105 Utah 1997)
106 65A-8-307, (Renumbered from 63-11-61, as last amended by Chapter 305, Laws of
107 Utah 1983)
108 65A-8-308, (Renumbered from 63-11-64, as last amended by Chapter 38, Laws of Utah
109 1993)
110 65A-8-309, (Renumbered from 63-11-65, as enacted by Chapter 305, Laws of Utah
111 1983)
112
113 Be it enacted by the Legislature of the state of Utah:
114 Section 1. Section 23-13-2 is amended to read:
115 23-13-2. Definitions.
116 As used in this title:
117 (1) "Activity regulated under this title" means any act, attempted act, or activity
118 prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or

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

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

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

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

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

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

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

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

367 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
368 suspension periods of any license or permit privileges of the same type suspended, [pursuant]
369 according to Subsection (2), [shall] may run consecutively.
370 (c) If a hearing officer suspends, [pursuant] according to Subsection (2), license or
371 permit privileges of the type that have been previously suspended by a court, a hearing officer,
372 or the Wildlife Board and the suspension period has not expired, the suspension periods [shall]
373 may run consecutively.
374 [(7) (a) A hearing officer, appointed by the division, shall suspend a person's privilege
375 of applying for, purchasing, and exercising the benefits conferred by one or more licenses or
376 permits issued by the division if:]
377 [(i) within a five-year period, the person, on three or more occasions, in a court of law,
378 is convicted or enters into a plea in abeyance agreement or diversion agreement as follows:]
379 [(A) the person is convicted of an offense listed in Subsection (2)(a)(i) that is
380 punishable as a class B or C misdemeanor;]
381 [(B) the person enters into a plea in abeyance agreement in which the person pleads
382 guilty or no contest to an offense listed in Subsection (2)(a)(i) that is punishable as a class B or
383 C misdemeanor, and the plea is held in abeyance; or]
384 [(C) the person is charged with an offense listed in Subsection (2)(a)(i) that is
385 punishable as a class B or C misdemeanor, and the person enters into a diversion agreement,
386 which suspends the prosecution of the offense;]
387 [(ii) each conviction, plea in abeyance agreement, or diversion agreement listed in
388 Subsection (7)(a)(i) originated from a separate single criminal episode; and]
389 [(iii) a suspension or revocation order has not been previously issued as a result of any
390 conviction, plea in abeyance