H.B. 115

1

COOPERATIVE WILDLIFE MANAGEMENT UNITS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Blake D. Chard
5 AN ACT RELATING TO COOPERATIVE WILDLIFE MANAGEMENT UNITS; RENAMING
6 POSTED HUNTING UNITS COOPERATIVE WILDLIFE MANAGEMENT UNITS;
7 PROVIDING THAT COOPERATIVE WILDLIFE MANAGEMENT UNITS MAY INCLUDE
8 PUBLIC LAND UNDER CERTAIN CONDITIONS; SETTING LIMITS ON SEASON
9 DATES; PROVIDING FOR COMPARABLE HUNTING OPPORTUNITIES FOR EACH
10 HUNTER; ALLOWING THE WILDLIFE BOARD TO SPECIFY BY RULE THE PERSONS
11 ELIGIBLE TO DRAW PERMITS IN A PUBLIC DRAWING; AND MAKING TECHNICAL
12 CHANGES.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 23-16-3.5, as last amended by Chapters 66 and 211, Laws of Utah 1995
16 23-23-1, as last amended by Chapter 288, Laws of Utah 1993
17 23-23-2, as last amended by Chapter 211, Laws of Utah 1995
18 23-23-3, as last amended by Chapter 211, Laws of Utah 1995
19 23-23-4, as last amended by Chapter 211, Laws of Utah 1995
20 23-23-5, as last amended by Chapter 211, Laws of Utah 1995
21 23-23-7, as last amended by Chapter 288, Laws of Utah 1993
22 23-23-8, as enacted by Chapter 158, Laws of Utah 1988
23 23-23-9, as last amended by Chapter 211, Laws of Utah 1995
24 23-23-10, as last amended by Chapter 211, Laws of Utah 1995
25 23-23-11, as enacted by Chapter 158, Laws of Utah 1988
26 23-23-14, as enacted by Chapter 158, Laws of Utah 1988
27 57-14-6, as last amended by Chapter 158, Laws of Utah 1988

1 ENACTS:
2 23-23-7.5, Utah Code Annotated 1953
3 REPEALS AND REENACTS:
4 23-23-6, as last amended by Chapter 211, Laws of Utah 1995
5 Be it enacted by the Legislature of the state of Utah:
6 Section 1. Section 23-16-3.5 is amended to read:
7 23-16-3.5. Damage to livestock forage, fences, or irrigation equipment on private
8 lands.
9 (1) If big game animals are damaging livestock forage, fences, or irrigation equipment on
10 private land or are consuming livestock forage on private land, the landowner or lessee may
11 request the division to take action to prevent depredation.
12 (2) (a) Within a reasonable time, not to exceed 72 hours after receiving the request, the
13 division shall investigate the situation. If it appears that depredation by big game may continue,
14 the division may, after consulting with the landowner or lessee, take action appropriate for the
15 extent of damage experienced or expected. Action taken may include:
16 (i) sending a representative onto the premises to control or remove the animals;
17 (ii) scheduling a depredation hunt; or
18 (iii) issuing tags to the landowner or lessee for the harvest of big game animals causing
19 depredation.
20 (b) (i) The division shall specify the number and sex of the big game animals that may be
21 taken pursuant to Subsection (2)(a)(iii). Control efforts shall be directed toward antlerless animals,
22 sparing if possible, but not excluding, trophy animals.
23 (ii) Any tag issued for an antlered animal must be approved by the division director or the
24 director's designee.
25 (c) The division and the landowner or lessee shall jointly determine the number of animals
26 taken pursuant to Subsection (2)(a)(iii) of which the landowner or lessee may retain possession.
27 (3) (a) The division may implement the measures specified in Subsections (4) through (6)
28 to mitigate damage to livestock forage, if:
29 (i) actions taken to control or remove depredating big game are not successful or are not
30 likely to be successful; or
31 (ii) both the division and landowner or lessee determine the measure is preferable to

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1 immediately controlling or removing big game animals.
2 (b) (i) The measures specified in Subsections (4) through (6) may also be used to mitigate
3 damage to fences or irrigation equipment on private land or cultivated crops from or upon cleared
4 and planted land, if:
5 (A) the landowner or lessee elects to not file a claim under Section 23-16-4; or
6 (B) the landowner or lessee and the division agree upon a combination of mitigation
7 measures to be used pursuant to Subsections (4) through (6) and a payment of damage under
8 Section 23-16-4.
9 (ii) The agreement must be made before a claim for damage is filed and the mitigation
10 measures are taken.
11 (iii) A landowner or lessee who elects to pursue mitigation through the measures specified
12 in Subsections (4) through (6) may not subsequently file a claim under Section 23-16-4, except
13 as provided by an agreement made under Subsection (3)(b)(i).
14 (c) In determining appropriate mitigation, the division shall consider:
15 (i) the extent of damage experienced or expected; and
16 (ii) any revenue the landowner derives from participation in a [posted hunting] cooperative
17 wildlife management unit, use of landowner permits, and charging for hunter access.
18 (4) (a) The division may issue tags to the landowner or lessee for the harvest of big game
19 on the owner's or lessee's land during a general or special season hunt authorized by the Wildlife
20 Board.
21 (b) Any tag issued for an antlered animal must be approved by the division director or the
22 director's designee.
23 (5) (a) In accordance with rules adopted by the Wildlife Board, the division may allow a
24 landowner or lessee to designate who shall receive big game permits to be used for hunting on the
25 owner's or lessee's land during a general or special season hunt authorized by the Wildlife Board.
26 (b) Any fee for accessing the owner's or lessee's land shall be determined by the owner or
27 lessee.
28 (6) (a) The division may enter into a conservation lease with the owner or lessee of private
29 lands for a fee or other remuneration as compensation for depredation.
30 (b) Any conservation lease entered into under this section shall provide that the claimant
31 may not unreasonably restrict hunting on the land or passage through the land to access public

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1 lands for the purpose of hunting, if those actions are necessary to control or mitigate damage by
2 big game.
3 Section 2. Section 23-23-1 is amended to read:
4 23-23-1. Purposes.
5 [Posted hunting] Cooperative wildlife management units are established to:
6 (1) provide income to landowners;
7 (2) create satisfying hunting opportunities;
8 (3) increase wildlife resources;
9 (4) provide adequate protection to landowners who open their lands for hunting; and
10 (5) provide access to public and private lands for hunting [big game].
11 Section 3. Section 23-23-2 is amended to read:
12 23-23-2. Definitions.
13 As used in this chapter:
14 [(4)] (1) "[Posted hunting] Cooperative wildlife management unit" or "unit" means a
15 generally contiguous area of [private] land open for hunting small game, waterfowl, or big game
16 [by permit] which is registered in accordance with this chapter and rules of the Wildlife Board.
17 [(5)] (2) (a) "[Posted hunting] Cooperative wildlife management unit agent" means a
18 person appointed by a landowner [or], landowner association, or landowner association operator
19 to perform the functions described in Section 23-23-9.
20 (b) For purposes of this chapter, a [posted hunting] cooperative wildlife management unit
21 agent may not:
22 [(a)] (i) be appointed by the division or the state;
23 [(b)] (ii) be an employee or agent of the division or the state;
24 [(c)] (iii) receive compensation from the division or the state; or
25 [(d)] (iv) act as a peace officer or perform any duties of a peace officer without qualifying
26 as a peace officer under Title 77, Chapter 1a, Peace Officer Designation.
27 [(6)] (3) "[Posted hunting] Cooperative wildlife management unit [permit] authorization"
28 means a card, label, ticket, or other identifying document authorizing the possessor to hunt small
29 game or waterfowl in a [posted hunting] cooperative wildlife management unit.
30 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
31 possessor to hunt big game in a cooperative wildlife management unit.

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1 [(1)] (5) "Division" means the Division of Wildlife Resources.
2 [(2) "General public" includes all persons except:]
3 [(a) a landowner association member and a spouse or dependent child of a landowner
4 association member; and]
5 [(b) any person who pays a fee, in addition to a permit fee, to hunt on a posted hunting
6 unit.]
7 [(3)] (6) "Landowner association" means a landowner or an organization of owners of
8 private lands [or its designated agent that] who operates a [posted hunting] cooperative wildlife
9 management unit.
10 (7) (a) "Landowner association operator" means a person designated by a landowner
11 association to operate the cooperative wildlife management unit.
12 (b) For purposes of this chapter, a landowner association operator may not:
13 (i) be appointed by the division; h OR h
14 (ii) be an employee or agent of the division h [; or ] . h
15 h [(iii) receive compensation from the division. ] h
16 Section 4. Section 23-23-3 is amended to read:
17 23-23-3. Rulemaking authority of Wildlife Board.
18 The Wildlife Board is authorized to make and enforce rules applicable to [posted hunting]
19 cooperative wildlife management units organized for the hunting of small game, waterfowl, or big
20 game that in its judgment are necessary to administer and enforce the provisions of this chapter.
21 Section 5. Section 23-23-4 is amended to read:
22 23-23-4. Operation by landowner association.
23 A landowner association shall operate a [posted hunting] cooperative wildlife management
24 unit as prescribed by this chapter and the rules of the Wildlife Board.
25 Section 6. Section 23-23-5 is amended to read:
26 23-23-5. Certificate of registration -- Renewal.
27 (1) A landowner association may not establish or operate a [posted hunting] cooperative
28 wildlife management unit without first obtaining a [posted hunting unit] certificate of registration
29 from the Wildlife Board.
30 (2) The Wildlife Board may renew annually certificates of registration if the landowner
31 association has previously complied with this chapter and the rules of the Wildlife Board.

lilac-February 26, 1997

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1 Section 7. Section 23-23-6 is repealed and reenacted to read:
2 23-23-6. Season dates -- Boundaries.
3 (1) The Wildlife Board shall establish season dates and boundaries for each cooperative
4 wildlife management unit.
5 (2) Season dates may differ from general statewide season dates.
5a h (3) AT LEAST EVERY FIVE YEARS, COOPERATIVE WILDLIFE MANAGEMENT UNITS
5b CONTAINING PUBLIC LAND WILL BE REVIEWED BY THE REGIONAL ADVISORY COUNCILS AND THE
5c WILDLIFE BOARD. h
6 h [(3) No hunting season may exceed 30 days. ] h
7 Section 8. Section 23-23-7 is amended to read:
8 23-23-7. Permits -- Acreage and lands that may be included -- Posting of boundaries.
9 (1) The division shall provide [posted hunting] cooperative wildlife management unit
10 [permits] authorizations for hunting small game or waterfowl to the [posted hunting] cooperative
11 wildlife management unit, free of charge.
12 (2) At least 50% of the [permits] cooperative wildlife management unit authorizations for
13 hunting small game or waterfowl provided to a [posted hunting] cooperative wildlife management
14 unit shall be offered for sale to the general public at the times and places designated on the
15 application for a certificate of registration.
16 (3) (a) Cooperative wildlife management units organized for hunting small game or
17 waterfowl shall consist of private land.
18 (b) At least 75% of the acreage within the boundaries of each [posted hunting] cooperative
19 wildlife management unit organized for the hunting of small game or waterfowl shall be open to
20 hunting by holders of valid [permits] authorizations.
21 (4) (a) The division may issue [posted hunting] cooperative wildlife management unit
22 permits for hunting big game to permittees:
23 [(a)] (i) qualifying through a public drawing; or
24 [(b)] (ii) named by the [posted hunting] cooperative wildlife management unit operator.
25 (b) The Wildlife Board may specify by rule those persons who are eligible to draw a
26 cooperative wildlife management unit permit in a public drawing.
27 (5) (a) Cooperative wildlife management units organized for hunting big game shall
28 consist of private land to the extent practicable. Public land may be included within a cooperative
29 wildlife management unit if:
30 (i) the public land is completely surrounded by private land or is otherwise inaccessible
31 to the general public;

lilac-February 26, 1997

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1 (ii) including public land is necessary to establish a readily identifiable boundary; or
2 (iii) including public land is necessary to achieve big game management objectives.
3 (b) If any public land is included within a cooperative wildlife management unit:
4 (i) the landowner association shall meet applicable federal or state land use requirements h ON
4a THE PUBLIC LAND h ;
5 and
6 (ii) the Wildlife Board shall increase the number of permits or hunting opportunities made
7 available to the general public to reflect the proportion of public lands to private lands within the
8 cooperative wildlife management unit.
9 [(5)] (6) Each landowner association shall:
10 (a) clearly post all boundaries of the unit and all corners, roads, trails, gates, and
11 rights-of-way entering the unit with signs provided by the division; and
12 (b) provide a written copy of its guidelines to each [permittee] holder of an authorization
13 or permit.
14 Section 9. Section 23-23-7.5 is enacted to read:
15 23-23-7.5. Landowner association to provide comparable hunting opportunities.
16 A landowner association shall provide each holder of an authorization or permit a
17 comparable hunting opportunity in terms of hunting area and number of days.
18 Section 10. Section 23-23-8 is amended to read:
19 23-23-8. Compensation for damage -- Claims.
20 A landowner participating in a [posted hunting] cooperative wildlife management unit who
21 incurs damages caused by a hunter on his or her land may submit a claim and receive
22 compensation for the claim from money received for cooperative wildlife management unit
23 authorization or permit fees collected by the landowner association.
24 (1) These claims shall:
25 [(1)] (a) be paid first and have priority over all other obligations of the landowner
26 association;
27 [(2)] (b) be reviewed, investigated, and paid by [a board of claims selected and authorized
28 by] the landowner association; and
29 [(3)] (c) not exceed annual revenues of a unit.
30 (2) A landowner participating in a cooperative wildlife management unit who incurs
31 damages caused by a hunter on his or her land may not hold the state liable for compensation.

lilac-February 26, 1997

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1 Section 11. Section 23-23-9 is amended to read:
2 23-23-9. Agents -- Appointment -- Identification -- Refusal of entry by agent.
3 (1) A landowner association may appoint [posted hunting] cooperative wildlife
4 management unit agents to protect private property of the [posted hunting] cooperative wildlife
5 management unit.
6 (2) Each [posted hunting] cooperative wildlife management unit agent shall wear or have
7 in his or her possession a form of identification prescribed by the Wildlife Board which indicates
8 he or she is a [posted hunting] cooperative wildlife management unit agent.
9 (3) A [posted hunting] cooperative wildlife management unit agent may refuse entry into
10 private lands within a [posted hunting] cooperative wildlife management unit to any person, except
11 [owners] an owner of land within the unit and [their] his or her employees, who:
12 (a) does not have in his or her possession a [posted hunting] cooperative wildlife
13 management unit authorization or permit;
14 (b) endangers or has endangered human safety;
15 (c) damages or has damaged private property within a [posted hunting] cooperative
16 wildlife management unit; or
17 (d) fails or has failed to comply with reasonable rules of a landowner association.
18 (4) In performing the functions described in this section, a [posted hunting] cooperative
19 wildlife management unit agent shall comply with the relevant laws of this state.
20 Section 12. Section 23-23-10 is amended to read:
21 23-23-10. Possession of permits and licenses by hunter -- Restrictions.
22 (1) A person may not hunt in a [posted hunting] cooperative wildlife management unit
23 without having in his or her possession:
24 (a) a valid [posted hunting] cooperative wildlife management unit authorization or permit;
25 and
26 (b) the necessary hunting licenses, tags, and stamps.
27 (2) A [posted hunting] cooperative wildlife management unit authorization or permit:
28 (a) entitles the holder to hunt only in the unit specified on the authorization or permit
29 pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to hunt
30 on any other private or public land; and
31 (b) constitutes written permission for trespass as required under Section 23-20-14.

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1 Section 13. Section 23-23-11 is amended to read:
2 23-23-11. Failure to comply with rules and requirements.
3 A person must leave [a posted hunting] private property within a cooperative wildlife
4 management unit immediately, upon request of a landowner, landowner association operator, or
5 [posted hunting] cooperative wildlife management unit agent, if that person:
6 (1) does not have in his or her possession a [posted hunting] cooperative wildlife
7 management unit authorization or permit;
8 (2) endangers or has endangered human safety;
9 (3) damages or has damaged private property within a [posted hunting] cooperative
10 wildlife management unit; or
11 (4) fails or has failed to comply with reasonable rules of a landowner association.
12 Section 14. Section 23-23-14 is amended to read:
13 23-23-14. Landowner protection under Landowner Liability Act.
14 Landowners who participate in [posted hunting] cooperative wildlife management units
15 shall have the full protection afforded under Title 57, Chapter 14, [the] Limitation of Landowner
16 Liability [Act] -Public Recreation.
17 Section 15. Section 57-14-6 is amended to read:
18 57-14-6. Liability not limited where willful or malicious conduct involved or
19 admission fee charged.
20 (1) Nothing in this act shall limit any liability which otherwise exists for:
21 (a) willful or malicious failure to guard or warn against a dangerous condition, use,
22 structure, or activity;
23 (b) deliberate, willful, or malicious injury to persons or property; or
24 (c) an injury suffered where the owner of land charges a person to enter or go on the land
25 or use the land for any recreational purpose, except that where land is leased to the state or a
26 subdivision of the state, any consideration received by the owner for the lease is not a charge
27 within the meaning of this section.
28 (2) Any person who hunts upon a [posted hunting] cooperative wildlife management unit,
29 as authorized by Title 23, Chapter 23, Cooperative Wildlife Management Units is not considered
30 to have paid a fee within the meaning of this section.


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Legislative Review Note
as of 2-3-97 10:30 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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