S.B. 59

1

WILDLIFE AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Allen M. Christensen
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill allows the Wildlife Board to set the starting date for the general deer season.
10 Highlighted Provisions:
11 This bill:
12 . repeals the provision that establishes the commencement date for the general deer
13 season; and
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 23-13-12.5, as last amended by Laws of Utah 2002, Chapter 70
22 REPEALS:
23 23-16-6, as enacted by Laws of Utah 1971, Chapter 46
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 23-13-12.5 is amended to read:
27 23-13-12.5. Agreement with a tribe.

28 (1) As used in this section, "tribe" means a federally recognized:
29 (a) Indian tribe; or
30 (b) Indian band.
31 (2) (a) Subject to the requirements of this section, the governor may enter into an
32 agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
33 fishing, or trapping right claim that is:
34 (i) based on:
35 (A) a treaty;
36 (B) an aboriginal right; or
37 (C) other recognized federal right; and
38 (ii) on lands located within the state.
39 (b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
40 (2)(a) may not exempt any person from the requirements of this title.
41 (c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
42 tribe that is a party to the agreement or a member of that tribe from:
43 (i) Section 23-16-5 , placing a limit of one of any species of big game during a license
44 year;
45 (ii) [Section 23-16-6 ,] the commencement date of the general deer season;
46 (iii) a hunter or furharvester education requirement under Chapter 19, Licenses,
47 Permits, and Tags;
48 (iv) an age restriction under Chapter 19, Licenses, Permits, and Tags;
49 (v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
50 or permit;
51 (vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
52 (vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
53 not inconsistent with this title.
54 (d) An agreement permitted under Subsection (2)(a) shall:
55 (i) be in writing;
56 (ii) be signed by:
57 (A) the governor; and
58 (B) the governing body of the tribe that:

59 (I) is designated by the tribe; and
60 (II) may bind the tribe to the terms of the agreement;
61 (iii) be conditioned on obtaining any approval required by federal law;
62 (iv) state the effective date of the agreement;
63 (v) provide that the governor shall renegotiate the agreement if the agreement is or
64 becomes inconsistent with a state statute for which an exemption is not authorized under this
65 section; and
66 (vi) include any accommodation made by the tribe that:
67 (A) is agreed to by the tribe;
68 (B) is reasonably related to the agreement; and
69 (C) concerns the management and use of wildlife resources or habitat.
70 (e) Prior to executing an agreement under this Subsection (2), the governor shall
71 consult with:
72 (i) the division; and
73 (ii) the chair of the Wildlife Board created in Section 23-14-2 .
74 (f) At least 30 days before the agreement under this Subsection (2) is executed, the
75 governor or the governor's designee shall provide a copy of the agreement in the form that the
76 agreement will be executed to:
77 (i) the chairs of the Native American Legislative Liaison Committee; and
78 (ii) the Office of Legislative Research and General Counsel.
79 Section 2. Repealer.
80 This bill repeals:
81 Section 23-16-6, Commencement date of general deer season.




Legislative Review Note
as of 1-8-08 12:49 PM

Office of Legislative Research and General Counsel