H.B. 217

1

WILDLIFE AMENDMENTS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael R. Styler
5 AN ACT RELATING TO WILDLIFE RESOURCES; MAKING TECHNICAL AMENDMENTS.
6 This act affects sections of Utah Code Annotated 1953 as follows:
7 AMENDS:
8 23-13-2, as last amended by Chapter 209, Laws of Utah 1999
9 23-23-10, as last amended by Chapter 258, Laws of Utah 1997
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 23-13-2 is amended to read:
12 23-13-2. Definitions.
13 As used in this title:
14 (1) "Activity regulated under this title" means any act, attempted act, or activity prohibited
15 or regulated under any provision of Title 23 or the rules, and proclamations promulgated
16 thereunder pertaining to protected wildlife including:
17 (a) fishing;
18 (b) hunting;
19 (c) trapping;
20 (d) taking;
21 (e) permitting any dog, falcon, or other domesticated animal to take;
22 (f) transporting;
23 (g) possessing;
24 (h) selling;
25 (i) wasting;
26 (j) importing;
27 (k) exporting;

28 (l) rearing;
29 (m) keeping;
30 (n) utilizing as a commercial venture; and
31 (o) releasing to the wild.
32 (2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
33 (3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
34 amphibians.
35 (4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
36 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that
37 one person may legally take during one day.
38 (6) "Big game" means species of hoofed protected wildlife.
39 (7) "Carcass" means the dead body of an animal or its parts.
40 (8) "Certificate of registration" means a document issued under this title, or any rule or
41 proclamation of the Wildlife Board granting authority to engage in activities not covered by a
42 license, permit, or tag.
43 (9) "Closed season" means the period of time during which the taking of protected wildlife
44 is prohibited.
45 (10) "Conservation officer" means a full-time, permanent employee of the Division of
46 Wildlife Resources who is POST certified as a peace or a special function officer.
47 (11) "Division" means the Division of Wildlife Resources.
48 (12) (a) "Domicile" means the place:
49 (i) where an individual has a fixed permanent home and principal establishment;
50 (ii) to which the individual if absent, intends to return; and
51 (iii) in which the individual and the individual's family voluntarily reside, not for a special
52 or temporary purpose, but with the intention of making a permanent home.
53 (b) To create a new domicile an individual must:
54 (i) abandon the old domicile; and
55 (ii) be able to prove that a new domicile has been established.
56 (13) "Endangered" means wildlife designated as such pursuant to Section 3 of the federal
57 Endangered Species Act of 1973.
58 (14) "Fee fishing facility" has the meaning provided in Section 4-37-103 .

59 (15) "Feral" means an animal which is normally domesticated but has reverted to the wild.
60 (16) "Fishing" means to take fish or crayfish by any means.
61 (17) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
62 Castoridae families, except coyote and cougar.
63 (18) "Game" means wildlife normally pursued, caught, or taken by sporting means for
64 human use.
65 (19) (a) "Guide" means a person who receives compensation or advertises services for
66 assisting another person to take protected wildlife.
67 (b) Assistance under Subsection (19)(a) includes the provision of food, shelter, or
68 transportation, or any combination of these.
69 (20) "Guide's agent" means a person who is employed by a guide to assist another person
70 to take protected wildlife.
71 (21) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
72 means.
73 (22) "Intimidate or harass" means to physically interfere with or impede, hinder, or
74 diminish the efforts of an officer in the performance of the officer's duty.
75 (23) "Nonresident" means a person who does not qualify as a resident.
76 (24) "Open season" means the period of time during which protected wildlife may be
77 legally taken.
78 (25) "Pecuniary gain" means the acquisition of money or something of monetary value.
79 (26) "Permit" means a document, including a stamp, which grants authority to engage in
80 specified activities under this title or a rule or proclamation of the Wildlife Board.
81 (27) "Person" means an individual, association, partnership, government agency,
82 corporation, or an agent of the foregoing.
83 (28) "Possession" means actual or constructive possession.
84 (29) "Possession limit" means the number of bag limits one individual may legally possess.
85 (30) (a) "Private fish installation" means a body of water where privately owned, protected
86 aquatic wildlife are propagated or kept.
87 (b) "Private fish installation" does not include any aquaculture facility or fee fishing
88 facility.
89 (31) "Private wildlife farm" means an enclosed place where privately owned birds or

90 furbearers are propagated or kept and which restricts the birds or furbearers from:
91 (a) commingling with wild birds or furbearers; and
92 (b) escaping into the wild.
93 (32) "Proclamation" means the publication used to convey a statute, rule, policy, or
94 pertinent information as it relates to wildlife.
95 (33) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection (3),
96 except as provided in Subsection (33)(b).
97 (b) "Protected aquatic wildlife" does not include aquatic insects.
98 (34) (a) "Protected wildlife" means wildlife as defined in Subsection [(49)] (48), except
99 as provided in Subsection (34)(b).
100 (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel, jack
101 rabbit, muskrat, and raccoon.
102 (35) "Released to the wild" means to turn loose from confinement.
103 (36) (a) "Resident" means a person who:
104 (i) has been domiciled in the state of Utah for six consecutive months immediately
105 preceding the purchase of a license; and
106 (ii) does not claim residency for hunting, fishing, or trapping in any other state or country.
107 (b) A Utah resident retains Utah residency if that person leaves this state:
108 (i) to serve in the armed forces of the United States or for religious or educational
109 purposes; and
110 (ii) complies with Subsection (36)(a)(ii).
111 (c) (i) A member of the armed forces of the United States and dependents are residents for
112 the purposes of this chapter as of the date the member reports for duty under assigned orders in the
113 state if the member:
114 (A) is not on temporary duty in this state; and
115 (B) complies with Subsection (36)(a)(ii).
116 (ii) A copy of the assignment orders must be presented to a wildlife division office to
117 verify the member's qualification as a resident.
118 (d) A nonresident attending an institution of higher learning in this state as a full-time
119 student may qualify as a resident for purposes of this chapter if the student:
120 (i) has been present in this state for 60 consecutive days immediately preceding the

121 purchase of the license; and
122 (ii) complies with Subsection (36)(a)(ii).
123 (e) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping
124 is purchased in any other state or country.
125 (f) An absentee landowner paying property tax on land in Utah does not qualify as a
126 resident.
127 (37) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
128 selling, bartering, exchanging, or trading.
129 (38) "Small game" means species of protected wildlife:
130 (a) commonly pursued for sporting purposes; and
131 (b) not classified as big game, aquatic wildlife, or furbearers and excluding cougar and
132 bear.
133 (39) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for human
134 consumption.
135 (40) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or other
136 artificial light on any highway or in any field, woodland, or forest while having in possession a
137 weapon by which protected wildlife may be killed.
138 (41) "Tag" means a card, label, or other identification device issued for attachment to the
139 carcass of protected wildlife.
140 (42) "Take" means to:
141 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
142 wildlife; or
143 (b) attempt any action referred to in Subsection (42)(a).
144 (43) "Threatened" means wildlife designated as such pursuant to Section 3 of the federal
145 Endangered Species Act of 1973.
146 (44) "Trapping" means taking protected wildlife with a trapping device.
147 (45) "Trophy animal" means an animal described as follows:
148 (a) deer - any buck with an outside antler measurement of 24 inches or greater;
149 (b) elk - any bull with six points on at least one side;
150 (c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
151 (d) moose - any bull;

152 (e) mountain goat - any male or female;
153 (f) pronghorn antelope - any buck with horns exceeding 14 inches; or
154 (g) bison - any bull.
155 (46) "Waste" means to abandon protected wildlife or to allow protected wildlife to spoil
156 or to be used in a manner not normally associated with its beneficial use.
157 (47) "Water pollution" means the introduction of matter or thermal energy to waters within
158 this state which:
159 (a) exceeds state water quality standards; or
160 (b) could be harmful to protected wildlife.
161 (48) "Wildlife" means:
162 (a) crustaceans, including brine shrimp and crayfish;
163 (b) mollusks; and
164 (c) vertebrate animals living in nature, except feral animals.
165 Section 2. Section 23-23-10 is amended to read:
166 23-23-10. Possession of permits and licenses by hunter -- Restrictions.
167 (1) A person may not hunt in a cooperative wildlife management unit without having in
168 his or her possession:
169 (a) a valid cooperative wildlife management unit authorization or permit or other permit
170 as authorized by the wildlife board; and
171 (b) the necessary hunting licenses, tags, and stamps.
172 (2) A cooperative wildlife management unit authorization or permit:
173 (a) entitles the holder to hunt only in the unit specified on the authorization or permit
174 pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to hunt
175 on any other private or public land; and
176 (b) constitutes written permission for trespass as required under Section 23-20-14 .




Legislative Review Note
as of 1-4-00 4:10 PM

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

Office of Legislative Research and General Counsel