H.B. 333

1

WILDLIFE CODE AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael R. Styler
5 AN ACT RELATING TO FISH AND GAME; h MODIFYING MEASURES TO MITIGATE DAMAGE BY
5a BIG GAME; h PROVIDING FOR REFUNDS OF SALES OF
6 LICENSES, CERTIFICATES, OR PERMITS; S DELETING STATUTORY PROVISIONS RELATING TO
6a SEARCHES OF CERTAIN PLACES AND PROPERTY BY CONSERVATION OFFICERS WHICH ARE
6b SUPERSEDED BY STATE AND FEDERAL CONSTITUTIONAL CASE LAW DECISIONS; [ REMOVING
6c THE RESTRICTION ON
7 CONSERVATION OFFICERS ON SEARCHING A DWELLING WITHOUT A SEARCH
8 WARRANT; ] s REPEALING PROVISIONS REGARDING ASSAULT OF A
9 CONSERVATION OFFICER; PROVIDING FOR REVIEW AND APPROVAL OF
10 COOPERATIVE AGREEMENTS; SPECIFYING REQUIREMENTS FOR COOPERATIVE
11 WILDLIFE MANAGEMENT UNIT AGENTS; AND REAUTHORIZING THE WILDLIFE
12 HERITAGE ACT.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
14a h 23-16-3.5, as last amended by Chapter 258, Laws of Utah 1997 h
15 23-19-38, as last amended by Chapter 211, Laws of Utah 1995
16 23-20-1, as last amended by Chapter 212, Laws of Utah 1992
17 23-22-1, as last amended by Chapter 260, Laws of Utah 1992
18 23-23-2, as last amended by Chapter 258, Laws of Utah 1997
19 63-55-223, as last amended by Chapters 15 and 134, Laws of Utah 1997
20 REPEALS:
21 23-20-26, as last amended by Chapter 60, Laws of Utah 1975
22 Be it enacted by the Legislature of the state of Utah:
22a h Section 1. Section 23-26-3.5 is amended to read:
22b 23-16-3.5. Damage to livestock forage, fences, or irrigation equipment on private lands. h
Text Box

Amend on 3_goldenrod March 3, 1998

lilac-February 12, 1998

22c h (1) If big game animals are damaging livestock forage, fences, or irrigation equipment on
22d private land or are consuming livestock forage on private land, the landowner or lessee may
22e request the division to take action to prevent depredation.
22f (2) (a) Within a reasonable time, not to exceed 72 hours after receiving the request, the division
22g shall investigate the situation. If it appears that depredation by big game may continue, the division
22h may, after consulting with the landowner or lessee, take action appropriate for the extent of damage
22i experienced or expected. Action taken may include:
22j (i) sending a representative onto the premises to control or remove the animals;
22k (ii) scheduling a depredation hunt; or
22l (iii) issuing tags to the landowner or lessee for the harvest of big game animals causing
22m depredation.
22n (b) (i) The division shall specify the number and sex of the big game animals that may be taken
22o pursuant to Subsection (2)(a)(iii). Control efforts shall be directed toward antlerless animals, sparing if
22p possible, but not excluding, trophy animals.
22q (ii) Any tag issued for an antlered animal must be approved by the division director or the
22r director's designee.
22s (c) The division and the landowner or lessee shall jointly determine the number of animals
22t taken pursuant to Subsection (2)(a)(iii) of which the landowner or lessee may retain possession.
22u (3) (a) The division may implement the measures specified in Subsections (4) through (6) to
22v mitigate damage to livestock forage, if:
22w (i) actions taken to control or remove depredating big game are not successful or are not likely
22x to be successful; or
22y (ii) both the division and landowner or lessee determine the measure is preferable to
22z immediately controlling or removing big game animals.
22aa (b) (i) The measures specified in Subsections (4) through (6) may also be used to mitigate
22ab damage to fences or irrigation equipment on private land or cultivated crops from or upon cleared and
22ac planted land, if:
22ad (A) the landowner or lessee elects to not file a claim under Section 23-16-4; or
22ae (B) the landowner or lessee and the division agree upon a combination of mitigation measures
22af to be used pursuant to Subsections (4) through (6) and a payment of damage under Section 23-16-4. h

- 1a -

lilac-February 12, 1998

22ag h (ii) The agreement must be made before a claim for damage is filed and the mitigation
22ah measures are taken.
22ai (iii) A landowner or lessee who elects to pursue mitigation through the measures specified in
22aj Subsections (4) through (6) may not subsequently file a claim under Section 23-16-4, except as
22ak provided by an agreement made under Subsection (3)(b)(i).
22al (c) In determining appropriate mitigation, the division shall consider:
22am (i) the extent of damage experienced or expected; and
22an (ii) any revenue the landowner derives from participation in a cooperative wildlife management
22ao unit, use of landowner permits, and charging for hunter access.
22ap (4) (a) (i) The division may issue tags to the landowner or lessee for the harvest of big game on
22aq the owner's or lessee's land during a general or special season hunt authorized by the Wildlife Board.
22ar (ii) IN ACCORDANCE WITH RULES ADOPTED BY THE WILDLIFE BOARD, THE DIVISION MAY
22as ISSUE TAGS TO GROUPS OF LANDOWNERS OR LESSEES FOR THE HARVEST OF BIG GAME ON
22at S [ADJOINING PROPERTIES] THEIR LANDS s DURING A GENERAL OR SPECIAL SEASON HUNT AUTHORIZED BY THE
22au WILDLIFE BOARD.
22av (b) Any tag issued for an antlered animal must be approved by the division director or the
22aw director's designee.
22ax (5) (a)(i) In accordance with rules adopted by the Wildlife Board, the division may allow a
22ay landowner or lessee to designate who shall receive big game permits to be used for hunting on the
22az owner's or lessee's land during a general or special season hunt authorized by the Wildlife Board.
22ba (ii) IN ACCORDANCE WITH RULES ADOPTED BY THE WILDLIFE BOARD, THE DIVISION MAY
22bb ALLOW GROUPS OF LANDOWNERS OR LESSEES TO DESIGNATE WHO SHALL RECEIVE BIG GAME
22bc PERMITS TO BE USED FOR HUNTING ON S [ADJOINING PROPERTIES] THEIR LANDS s DURING A GENERAL OR SPECIAL
22bd SEASON HUNT AUTHORIZED BY THE WILDLIFE BOARD.
22be (b) Any fee for accessing the owner's or lessee's land shall be determined by the owner or
22bf lessee.
22bg (6) (a) The division may enter into a conservation lease with the owner or lessee of private
22bh lands for a fee or other remuneration as compensation for depredation.
22bi (b) Any conservation lease entered into under this section shall provide that the claimant may h
Text Box

Amend on 3_goldenrod March 3, 1998 - 1b -

lilac-February 12, 1998

22bj h not unreasonably restrict hunting on the land or passage through the land to access public lands for
22bk the purpose of hunting, if those actions are necessary to control or mitigate damage by big game. h
23 Section h [ 1 ] 2 h . Section 23-19-38 is amended to read:
24 23-19-38. Sales of licenses, certificates, or permits final -- Exceptions -- Reallocation
25 of surrendered permits.
26 (1) Sales of all licenses, certificates, or permits are final, and no refunds may be made by
27 the division except as provided in Subsection (2).

- 1c -

lilac-February 12, 1998

1 (2) The division may refund the amount of the license, certificate, or permit if:
2 (a) the division or the Wildlife Board discontinues the activity for which the license,
3 certificate, or permit was obtained;
4 (b) the division determines that it has erroneously collected a fee;
5 (c) (i) a person is not able to participate in a permitted activity due to illness or injury;
6 (ii) the person furnishes verification of illness or injury from a physician; and
7 (iii) the permit is surrendered before the season for which the permit was issued begins;
8 or
9 [(b)] (d) the person to whom the license, certificate, or permit is issued dies prior to that
10 person's being able to participate in the activity for which the license, certificate, or permit was
11 obtained.
12 (3) The division director may reallocate surrendered permits in accordance with rules
13 adopted by the Wildlife Board.
14 Section 2. Section 23-20-1 is amended to read:
15 23-20-1. Enforcement authority of conservation officers -- Seizure and disposition
16 of property.
17 (1) Conservation officers of the division shall enforce the provisions of this title with the
18 same authority and following the same procedures as other peace officers.
19 S [ (2) (a) [Except as provided in Subsection (b), conservation] Conservation officers may
20 search vehicles, camps, or other places where wildlife may be possessed or stored, if there is:
21 (i) probable cause to believe that wildlife illegally taken or held may be found; and
22 (ii) a reasonable likelihood the wildlife evidence will be lost, destroyed, or hidden before
23 a search warrant may be obtained.
24 (b) An occupied or unoccupied dwelling may not be searched without a search warrant.] s
25 [ (c)] S [(b)] (2) (a) s Conservation officers shall seize any protected wildlife illegally taken or
25a held.
26 [(d)] S [(c)] (b) s (i) Upon determination of a defendant's guilt by the court, the protected
26a wildlife
27 shall be confiscated by the court and sold or otherwise disposed of by the division.
28 (ii) Proceeds of the sales shall be deposited in the Wildlife Resources Account.
29 (iii) Migratory wildfowl may not be sold, but must be given to a charitable institution or
30 used for other charitable purposes.
Text Box

Amend on 3_goldenrod March 3, 1998 31 (3) (a) Materials and devices used for the unlawful taking or possessing of protected

- 2 -

1 wildlife shall be seized, and upon a finding by the court that they were used in the unlawful taking
2 or possessing of protected wildlife, the materials and devices shall be:
3 (i) confiscated by the court;
4 (ii) conveyed to the division; and
5 (iii) upon the expiration of time for appeal, sold at a public auction or otherwise disposed
6 of by the division.
7 (b) Any proceeds from the sale of the material or device shall be deposited into the
8 Wildlife Resources Account.
9 (4) (a) (i) As used in Subsection (4), "owner" means a person, other than a person with a
10 security interest, having a property interest in or title to a vehicle and entitled to the use and
11 possession of a vehicle.
12 (ii) "Owner" includes a renter or lessee of a vehicle.
13 (b) (i) Conservation officers may seize and impound a vehicle used for the unlawful taking
14 or possessing of protected wildlife for any of the following purposes:
15 (A) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
16 (B) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
17 warrant; or
18 (C) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
19 possessed.
20 (ii) The division shall store any seized vehicle in a public or private garage, state impound
21 lot, or other secured storage facility.
22 (iii) A seized vehicle shall be released to the owner no later than 30 days after the date the
23 vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by
24 a person who is charged with committing a felony under this title.
25 (c) (i) Upon a finding by a court that the person who used the vehicle for the unlawful
26 taking or possessing of wildlife is guilty of a felony under this title, the vehicle may be:
27 (A) confiscated by the court;
28 (B) conveyed to the division; and
29 (C) upon expiration of time for appeal, sold at a public auction or otherwise disposed of
30 by the division.
31 (ii) Any proceeds from the sale shall be deposited into the Wildlife Resources Account.

- 3 -

1 (iii) If the vehicle is not confiscated by the court, it shall be released to the owner.
2 (d) (i) The owner of a seized vehicle is liable for the payment of any impound fee if the
3 person who used the vehicle for the unlawful taking or possessing of wildlife is found by a court
4 to be guilty of a violation of this title.
5 (ii) The owner of a seized vehicle is not liable for the payment of any impound fee or, if
6 the fees have been paid, is entitled to reimbursement of the fees paid, if:
7 (A) no charges are filed or all charges are dropped which involve the use of the vehicle
8 for the unlawful taking or possessing of wildlife; or
9 (B) the person charged with using the vehicle for the unlawful taking or possessing of
10 wildlife is found by a court to be not guilty.
11 Section 3. Section 23-22-1 is amended to read:
12 23-22-1. Cooperative agreements and programs authorized.
13 (1) The Division of Wildlife Resources may enter into cooperative agreements and
14 programs with other state agencies, federal agencies, states, educational institutions,
15 municipalities, counties, corporations, organized clubs, landowners, associations, and individuals
16 for purposes of wildlife conservation.
17 (2) Cooperative agreements that are policy in nature must be:
18 (a) approved by the executive director of the Department of Natural Resources; and
19 (b) reviewed by the Wildlife Board.
20 Section 4. Section 23-23-2 is amended to read:
21 23-23-2. Definitions.
22 As used in this chapter:
23 (1) "Cooperative wildlife management unit" or "unit" means a generally contiguous area
24 of land open for hunting small game, waterfowl, or big game which is registered in accordance
25 with this chapter and rules of the Wildlife Board.
26 (2) (a) "Cooperative wildlife management unit agent" means a person appointed by a
27 landowner, landowner association, or landowner association operator to perform the functions
28 described in Section 23-23-9.
29 (b) For purposes of this chapter, a cooperative wildlife management unit agent may not:
30 (i) be appointed by the division or the state;
31 (ii) be an employee or agent of the division [or the state];

- 4 -

1 (iii) receive compensation from the division or the state to act as a cooperative wildlife
2 management unit agent; or
3 (iv) act as a peace officer or perform any duties of a peace officer without qualifying as
4 a peace officer under Title 77, Chapter 1a, Peace Officer Designation.
5 (3) "Cooperative wildlife management unit authorization" means a card, label, ticket, or
6 other identifying document authorizing the possessor to hunt small game or waterfowl in a
7 cooperative wildlife management unit.
8 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
9 possessor to hunt big game in a cooperative wildlife management unit.
10 (5) "Division" means the Division of Wildlife Resources.
11 (6) "Landowner association" means a landowner or an organization of owners of private
12 lands who operates a cooperative wildlife management unit.
13 (7) (a) "Landowner association operator" means a person designated by a landowner
14 association to operate the cooperative wildlife management unit.
15 (b) For purposes of this chapter, a landowner association operator may not:
16 (i) be appointed by the division; or
17 (ii) be an employee or agent of the division.
18 Section 5. Section 63-55-223 is amended to read:
19 63-55-223. Repeal dates, Title 23.
20 Title 23, Chapter 26, Wildlife Heritage Act, is repealed December 31, [1998] 2003.
21 Section 6. Repealer.
22 This act repeals:
23 Section 23-20-26, Assault or battery upon officer a class A misdemeanor.




Legislative Review Note
as of 1-26-98 12:41 PM

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

Office of Legislative Research and General Counsel

- 5 -