H.B. 54 Enrolled

WILDLIFE - HUNTING AND FISHING FEES
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael R. Styler
This act modifies the Wildlife Resources Code of Utah to eliminate license fees set in statute
and to allow the Wildlife Board to set license fees which must be approved by the
Legislature. Provisions specifying fees are repealed January 1, 2003.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
23-14-18, as last amended by Chapter 211, Laws of Utah 1995
23-15-14, as enacted by Chapter 242, Laws of Utah 1998
23-19-17, as last amended by Chapter 195, Laws of Utah 2000
23-19-18, as last amended by Chapter 259, Laws of Utah 1995
23-19-21, as last amended by Chapter 259, Laws of Utah 1995
23-19-24, as last amended by Chapter 195, Laws of Utah 2000
23-19-25, as last amended by Chapter 195, Laws of Utah 2000
23-19-26, as last amended by Chapter 195, Laws of Utah 2000
23-19-27, as last amended by Chapter 126, Laws of Utah 1983
23-19-34.7, as last amended by Chapter 76, Laws of Utah 1986
23-19-40, as last amended by Chapter 195, Laws of Utah 2000
23-19-42, as last amended by Chapter 195, Laws of Utah 2000
23-26-4, as last amended by Chapter 195, Laws of Utah 2000
ENACTS:
63-55b-123, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 23-14-18 is amended to read:
23-14-18. Establishment of seasons, locations, limits, and regulations by Wildlife
Board.
(1) To provide an adequate and flexible system of protection, propagation, introduction,

increase, control, harvest, management, and conservation of protected wildlife in this state and to
provide for the use and development of protected wildlife for public recreation and food supply
while maintaining a sustainable population of protected wildlife, the Wildlife Board shall determine
the circumstances, time, location, means, and the amounts, and numbers of protected wildlife which
may be taken.
(2) The Wildlife Board shall, except as otherwise specified in this code:
(a) fix seasons and shorten, extend, or close seasons on any species of protected wildlife in
any locality, or in the entire state, if the board finds that the action is necessary to effectuate proper
wildlife management and control;
(b) close or open areas to fishing, trapping, or hunting;
(c) establish refuges and preserves;
(d) regulate and prescribe the means by which protected wildlife may be taken;
(e) regulate the transportation and storage of protected wildlife, or their parts, within the
boundaries of the state and the shipment or transportation out of the state;
(f) establish or change bag limits and possession limits;
(g) prescribe safety measures and establish other regulations as may be [deemed] considered
necessary in the interest of wildlife conservation and the safety and welfare of hunters, trappers,
fishermen, landowners, and the public;
(h) (i) prescribe when licenses, permits, tags, and certificates of registration shall be required
and procedures for their issuance and use; and
[(h)] (ii) establish [the use,] forms[,] and fees [of] for licenses, permits, tags, and certificates
of registration; and
(i) prescribe rules and regulations as it may [deem] consider necessary to control the use and
harvest of protected wildlife by private associations, clubs, partnerships, or corporations, provided
the rules and regulations do not preclude the landowner from personally controlling trespass upon
the owner's properties nor from charging a fee to trespass for purposes of hunting or fishing.
(3) The Wildlife Board may allow a season on protected wildlife to commence on any day
of the week except Sunday.

- 2 -

(4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates of
registration in accordance with Section 63-38-3.2 .
Section 2. Section 23-15-14 is amended to read:
23-15-14. State Fish Hatchery Maintenance Account -- Contents -- Use of account
monies.
(1) There is created a restricted account within the General Fund known as the State Fish
Hatchery Maintenance Account.
(2) The following monies shall be deposited into the account:
(a) $2.00 of each fishing license fee or combination license fee [as listed in Section
23-19-40 ]; and
(b) interest and earnings on account monies.
(3) Money in the account shall be used by the division, after appropriation by the Legislature,
for major repairs or replacement of facilities and equipment at fish hatcheries owned and operated
by the division for the production and distribution of fish to enhance sport fishing opportunities in
the state.
Section 3. Section 23-19-17 is amended to read:
23-19-17. Fishing and hunting license -- Resident 12 or older -- Use of fee.
(1) A resident 12 years of age or older, upon payment of the fee prescribed [in Section
23-19-40 ] by the Wildlife Board, may receive a combination license to fish and to hunt for small
game as provided in the rules of the Wildlife Board.
(2) One dollar of the combination license fee shall be used for the hunter education program
in any of the following:
(a) instructor and student training;
(b) assisting local organizations with development;
(c) maintenance of existing facilities; or
(d) operation and maintenance of the hunter education program.
(3) (a) Fifty cents of the combination license fee shall be used for the upland game program
as follows:

- 3 -

(i) to acquire pen-raised birds; or
(ii) to capture and transplant upland game species.
(b) The combination license fee revenue designated for the upland game program by
Subsection (3)(a) is in addition to any combination license fee revenue that may be used for the
upland game program as provided by Sections 23-19-43 and 23-19-47 .
Section 4. Section 23-19-18 is amended to read:
23-19-18. Fishing license -- Season.
(1) A person 14 years of age or older, upon payment of the fee prescribed [in Section
23-19-40 ] by the Wildlife Board, may receive a season fishing license.
(2) A person under 14 years of age may:
(a) fish without a license and take a 1/2 [a] bag and possession limit; or
(b) purchase a license and take a full bag and possession limit.
(3) A resident 65 years of age or older, upon payment of the fee prescribed [in Section
23-19-40 ] by the Wildlife Board, may receive a season fishing license.
Section 5. Section 23-19-21 is amended to read:
23-19-21. Fishing license -- Limited number of days.
(1) A person, upon paying the fee prescribed [in Section 23-19-40 ] by the Wildlife Board,
may receive a license to fish:
(a) for one day; or
(b) for seven consecutive days.
(2) The effective date shall be indicated on the license.
Section 6. Section 23-19-24 is amended to read:
23-19-24. Small game hunting license -- Resident 14 or older -- Use of fee.
(1) A resident 14 years of age or older, upon payment of the fee prescribed [in Section
23-19-40 ] by the Wildlife Board, may receive a license to hunt small game.
(2) One dollar of the small game hunting license fee shall be used for the hunter education
program.
(3) (a) Fifty cents of the small game hunting license fee shall be used for the upland game

- 4 -

program as follows:
(i) to acquire pen-raised birds; or
(ii) to capture and transplant upland game species.
(b) The small game license fee revenue designated for the upland game program by
Subsection (3)(a) is in addition to any small game license fee revenue that may be used for the
upland game program as provided by Sections 23-19-43 and 23-19-47 .
Section 7. Section 23-19-25 is amended to read:
23-19-25. Small game hunting license -- Resident 12 or 13 -- Use of fee.
(1) A resident under the age of 14 years and 12 years of age or older, upon payment of the
fee prescribed [in Section 23-19-40 ] by the Wildlife Board, may receive a license to hunt small
game.
(2) One dollar of the small game hunting license fee shall be used for the hunter education
program.
(3) (a) Fifty cents of the small game hunting license fee shall be used for the upland game
program as follows:
(i) to acquire pen-raised birds; or
(ii) to capture and transplant upland game species.
(b) The small game license fee revenue designated for the upland game program by
Subsection (3)(a) is in addition to any small game license fee revenue that may be used for the
upland game program as provided by Sections 23-19-43 and 23-19-47 .
Section 8. Section 23-19-26 is amended to read:
23-19-26. Small game hunting license -- Nonresident 12 or older -- Use of fee.
(1) A nonresident 12 years of age or older, upon payment of the fee prescribed [in Section
23-19-40 ] by the Wildlife Board, may receive a license to hunt small game.
(2) (a) Fifty cents of the small game hunting license fee shall be used for the upland game
program as follows:
(i) to acquire pen-raised birds; or
(ii) to capture and transplant upland game species.

- 5 -

(b) The small game license fee revenue designated for the upland game program by
Subsection (2)(a) is in addition to any small game license fee revenue that may be used for the
upland game program as provided by Sections 23-19-43 and 23-19-47 .
Section 9. Section 23-19-27 is amended to read:
23-19-27. Furbearer license -- Resident or nonresident.
A resident or nonresident, upon payment of the fee prescribed [in Section 23-19-40 ] by the
Wildlife Board, may receive a license to take furbearers.
Section 10. Section 23-19-34.7 is amended to read:
23-19-34.7. Nonresident falconry meet license.
[Any] (1) A nonresident [participating] 14 years of age or older may participate in a falconry
meet in this state [must be at least 14 years old and possess a valid falconry meet license. Such
license shall be issued only to nonresidents,] upon payment of a fee prescribed [in Section 23-19-40 ,
and] by the Wildlife Board.
(2) A nonresident falconry meet license shall be valid only for five consecutive days, the
dates to be designated on the license. The holder of the license may engage in the sport of falconry
on nongame wildlife species and [also] small game species, during the specified five-day period.
Section 11. Section 23-19-40 is amended to read:
23-19-40. Fees for licenses.
(1) Residents and nonresidents may engage in hunting, fishing, trapping, bird hunting in
commercial areas, and falconry upon obtaining a license through the payment of one or more of the
following applicable fees:
WILDLIFE LICENSE FEE SCHEDULE
Type of License Age and Time Fee
RESIDENT
Combination 12 years or older $31.75
Fishing Under 65 (Season) 23.75
65 years or older 13.75
(Season)

- 6 -

Any age (1-day) 6.75
Any age (7-day) 14.75
Small Game 12-13 years 10.75
14 years or older 16.75
Furbearer Any age 29.00
NONRESIDENT
Fishing Any age (Season) 45.75
Any age (1-day) 7.75
Any age (7-day) 20.75
Small Game 12 years or older 44.75
Furbearer Any age 154.00
Falconry 14 years or older 15.00
(5-day)
(2) Statewide fish stamps or fees may not be imposed without legislative approval.
(3) Notwithstanding the provisions of Sections 23-19-17 , 23-19-18 , 23-19-21 , 23-19-24 ,
23-19-25 , 23-19-26 , 23-19-27 , and 23-19-34.7 authorizing the Wildlife Board to prescribe license
fees, the fees listed in Subsection (1) shall be in effect through December 31, 2002.
(4) Notwithstanding the provisions of Section 23-26-4 authorizing the Wildlife Board to
prescribe fees for Wildlife Heritage certificates, through December 31, 2002:
(a) a resident or nonresident, 12 years of age or older, upon payment of $20, may receive a
Wildlife Heritage certificate; and
(b) a resident or nonresident, under 12 years of age, upon payment of $10, may receive a
Wildlife Heritage certificate.
Section 12. Section 23-19-42 is amended to read:
23-19-42. Search and rescue surcharge.
(1) In addition to the fees imposed under this chapter, there is imposed a 25 cent surcharge
on each fishing, small game, or combination license [listed in Section 23-19-40 ].
(2) This surcharge shall be deposited in the General Fund as a dedicated credit for the Search

- 7 -

and Rescue Financial Assistance Program created under Section 53-2-107 .
Section 13. Section 23-26-4 is amended to read:
23-26-4. Wildlife Heritage certificate -- Benefits -- Use of revenue.
(1) (a) A resident or nonresident, 12 years of age or older, upon payment of [$20] the fee
prescribed by the Wildlife Board, may receive a Wildlife Heritage certificate.
(b) A resident or nonresident, under 12 years of age, upon payment of [$10] the fee
prescribed by the Wildlife Board, may receive a Wildlife Heritage certificate.
(2) The Wildlife Heritage certificate allows the holder to receive the benefits and participate
in the activities of the Wildlife Heritage program as determined by the Wildlife Board and the
division.
(3) Revenue from the sale of Wildlife Heritage certificates shall be used for activities and
projects that fulfill the program's purposes as specified in Section 23-26-2 , including:
(a) information and education;
(b) the establishment and enhancement of nonconsumptive wildlife management areas that
are managed consistent with Section 23-14-18 ;
(c) wildlife and ecosystem research; and
(d) administration, development, and promotion of the program.
(4) Revenue from the sale of Wildlife Heritage certificates may be used for emergency
feeding of wildlife.
Section 14. Section 63-55b-123 is enacted to read:
63-55b-123. Repeal dates -- Title 23.
Section 23-19-40 is repealed January 1, 2003.

- 8 -