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[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 196
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6 AN ACT RELATING TO WILDLIFE RESOURCES; ELIMINATING THE REQUIREMENT
7 TO OBTAIN A SMALL GAME LICENSE TO S [
7a TECHNICAL AMENDMENTS; h AND
8 PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
10a h 23-13-2, as last amended by Chapter 265, Laws of Utah 1996 h
11 23-19-17, as last amended by Chapter 242, Laws of Utah 1998
12 23-19-24, as last amended by Chapter 242, Laws of Utah 1998
13 23-19-25, as last amended by Chapter 242, Laws of Utah 1998
14 23-19-26, as last amended by Chapter 242, Laws of Utah 1998
14a h ENACTS:
14b 23-19-22.5, Utah Code Annotated 1953 h
15 Be it enacted by the Legislature of the state of Utah:
15a h Section 1. Section 23-13-2 is amended to read:
15b 23-13-2. Definitions.
15c As used in this title:
15d (1) "Activity regulated under this title" means any act, attempted act, or activity prohibited or
15e regulated under any provision of Title 23 or the rules, and proclamations promulgated thereunder
15f pertaining to protected wildlife including:
15g (a) fishing;
15h (b) hunting;
15i (c) trapping;
15j (d) taking;
15k (e) permitting any dog, falcon, or other domesticated animal to take; h
15l h (f) transporting;
15m (g) possessing;
15n (h) selling;
15o (i) wasting;
15p (j) importing;
15q (k) exporting;
15r (l) rearing;
15s (m) keeping;
15t (n) utilizing as a commercial venture; and
15u (o) releasing to the wild.
15v (2) "Aquatic animal" has the meaning provided in Section 4-37-103.
15w (3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
15x amphibians.
15y (4) "Aquaculture facility" has the meaning provided in Section 4-37-103.
15z (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that one
15aa person may legally take during one day.
15ab (6) "Big game" means species of hoofed protected wildlife.
15ac (7) "Carcass" means the dead body of an animal or its parts.
15ad (8) "Certificate of registration" means a document issued under this title, or any rule or
15ae proclamation of the Wildlife Board granting authority to engage in activities not covered by a license,
15af permit, or tag.
15ag (9) "Closed season" means the period of time during which the taking of protected wildlife is
15ah prohibited.
15ai (10) "Conservation officer" means a full-time, permanent employee of the Division of Wildlife
15aj Resources who is POST certified as a peace or a special function officer.
15ak (11) "Division" means the Division of Wildlife Resources.
15al (12) (a) "Domicile" means the place:
15am (i) where an individual has a fixed permanent home and principal establishment;
15an (ii) to which the individual if absent, intends to return; and
15ao (iii) in which the individual and the individual's family voluntarily reside, not for a special or
15ap temporary purpose, but with the intention of making a permanent home.
15aq (b) To create a new domicile an individual must:
15ar (i) abandon the old domicile; and
15as (ii) be able to prove that a new domicile has been established.
15at (13) "Endangered" means wildlife designated as such pursuant to Section 3 of the federal
15au Endangered Species Act of 1973.
15av (14) "Fee fishing facility" has the meaning provided in Section 4-37-103.
15aw (15) "Feral" means an animal which is normally domesticated but has reverted to the wild.
15ax (16) "Fishing" means to take fish or crayfish by any means.
15ay (17) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and h
15az h Castoridae families, except coyote and cougar.
15ba (18) "Game" means wildlife normally pursued, caught, or taken by sporting means for human
15bb use.
15bc (19) (a) "Guide" means a person who receives compensation or advertises services for
15bd assisting another person to take protected wildlife.
15be (b) Assistance under Subsection (a) includes the provision of food, shelter, or transportation,
15bf or any combination of these.
15bg (20) "Guide's agent" means a person who is employed by a guide to assist another person to
15bh take protected wildlife.
15bi (21) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any means.
15bj (22) "Intimidate or harass" means to physically interfere with or impede, hinder, or diminish
15bk the efforts of an officer in the performance of the officer's duty.
15bl [
15bm [
15bn [
15bo [
15bp [
15bq legally taken.
15br [
15bs [
15bt
15bu under this title or a rule or proclamation of the Wildlife Board.
15bv [
15bw corporation, or an agent of the foregoing.
15bx [
15by [
15bz possess.
15ca [
15cb protected aquatic wildlife are propagated or kept.
15cc (b) "Private fish installation" does not include any aquaculture facility or fee fishing facility.
15cd [
15ce furbearers are propagated or kept and which restricts the birds or furbearers from:
15cf (a) commingling with wild birds or furbearers; and
15cg (b) escaping into the wild.
15ch [
15ci pertinent information as it relates to wildlife.
15cj [
15ck except as provided in Subsection (b).
15cl (b) "Protected aquatic wildlife" does not include aquatic insects.
15cm [
15cn h provided in Subsection (b).
15co (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel, jack
15cp rabbit, muskrat, and raccoon.
15cq [
15cr [
15cs (i) has been domiciled in the state of Utah for six consecutive months immediately preceding
15ct the purchase of a license; and
15cu (ii) does not claim residency for hunting, fishing, or trapping in any other state or country.
15cv (b) A Utah resident retains Utah residency if that person leaves this state:
15cw (i) to serve in the armed forces of the United States or for religious or educational purposes;
15cx and
15cy (ii) complies with Subsection (a)(ii).
15cz (c) (i) A member of the armed forces of the United States and dependents are residents for the
15da purposes of this chapter as of the date the member reports for duty under assigned orders in the state
15db if the member:
15dc (A) is not on temporary duty in this state; and
15dd (B) complies with Subsection (a)(ii).
15de (ii) A copy of the assignment orders must be presented to a wildlife division office to verify
15df the member's qualification as a resident.
15dg (d) A nonresident attending an institution of higher learning in this state as a full-time student
15dh may qualify as a resident for purposes of this chapter if the student:
15di (i) has been present in this state for 60 consecutive days immediately preceding the purchase
15dj of the license; and
15dk (ii) complies with Subsection (a)(ii).
15dl (e) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping is
15dm purchased in any other state or country.
15dn (f) An absentee landowner paying property tax on land in Utah does not qualify as a resident.
15do [
15dp selling, bartering, exchanging, or trading.
15dq [
15dr (a) commonly pursued for sporting purposes; and
15ds (b) not classified as big game, aquatic wildlife, or furbearers AND EXCLUDING COUGAR AND
15dt BEAR.
15du [
15dv consumption.
15dw [
15dx other artificial light on any highway or in any field, woodland, or forest while having in possession a
15dy weapon by which protected wildlife may be killed.
15dz [
15ea the carcass of protected wildlife. h
15eb h [
15ec (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
15ed wildlife; or
15ee (b) attempt any action referred to in Subsection (a).
15ef [
15eg Endangered Species Act of 1973.
15eh [
15ei [
15ej (a) deer - any buck with an outside antler measurement of 24 inches or greater;
15ek (b) elk - any bull with six points on at least one side;
15el (c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
15em (d) moose - any bull;
15en (e) mountain goat - any male or female;
15eo (f) pronghorn antelope - any buck with horns exceeding 14 inches; or
15ep (g) bison - any bull.
15eq [
15er or to be used in a manner not normally associated with its beneficial use.
15es [
15et within this state which:
15eu (a) exceeds state water quality standards; or
15ev (b) could be harmful to protected wildlife.
15ew [
15ex (a) crustaceans, including brine shrimp and crayfish;
15ey (b) mollusks; and
15ez (c) vertebrate animals living in nature, except feral animals. h
16 Section h [
17 23-19-17. Fishing and hunting license -- Resident 12 or older -- Use of fee.
18 (1) A resident 12 years of age or older, upon payment of the fee prescribed in Section
19 23-19-40 , may receive a combination license to fish and to hunt for small game[
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21 (2) One dollar of the combination license fee shall be used for the hunter education
22 program in any of the following:
23 (a) instructor and student training;
24 (b) assisting local organizations with development;
25 (c) maintenance of existing facilities; or
26 (d) operation and maintenance of the hunter education program.
27 (3) Fifty cents of the combination license fee shall be used for the upland game program
28 as follows:
29 (a) to acquire pen-raised birds; or
30 (b) to capture and transplant upland game species.
30a h Section [
30b 23-19-22.5. Cougar or bear hunting permit.
30c (1) A PERSON 12 YEARS OF AGE OR OLDER, UPON PAYING THE FEE PRESCRIBED BY THE
30d WILDLIFE BOARD, MAY RECEIVE A PERMIT TO S [
30e OF THE WILDLIFE BOARD.
30f (2) ONE DOLLAR OF EACH COUGAR OR BEAR PERMIT FEE COLLECTED FROM A RESIDENT
30g SHALL BE USED FOR THE HUNTER EDUCATION PROGRAM . h
31 Section h [
32 23-19-24. Small game hunting license -- Resident 14 or older -- Use of fee.
33 (1) A resident [
34 in Section 23-19-40 , may receive a license to hunt small game[
35 (2) One dollar of the small game hunting license fee shall be used [
36
37 (3) Fifty cents of the small game hunting license fee shall be used for the upland game
38 program as follows:
39 (a) to acquire pen-raised birds; or
40 (b) to capture and transplant upland game species.
41 Section h [
42 23-19-25. Small game hunting license -- Resident 12 or 13 -- Use of fee.
43 (1) A resident under the age of 14 years and 12 years of age or older, upon payment of the
44 fee prescribed in Section 23-19-40 , may receive a license to hunt small game[
45 (2) One dollar of the small game hunting license fee shall be used [
46
47 (3) Fifty cents of the small game hunting license fee shall be used for the upland game
48 program as follows:
49 (a) to acquire pen-raised birds; or
50 (b) to capture and transplant upland game species.
51 Section h [
52 23-19-26. Small game hunting license -- Nonresident 12 or older -- Use of fee.
53 (1) A nonresident 12 years of age or older, upon payment of the fee prescribed in Section
54 23-19-40 , may receive a license to hunt small game[
55 (2) Fifty cents of the small game hunting license fee shall be used for the upland game
56 program as follows:
57 (a) to acquire pen-raised birds; or
58 (b) to capture and transplant upland game species.
59 Section h [
60 This act takes effect on S [
Legislative Review Note
as of 11-25-98 11:44 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.