H.B. 54

1

WILDLIFE - HUNTING AND FISHING FEES
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael R. Styler
5 This act modifies the Wildlife Resources Code of Utah to eliminate license fees set in statute
6 and to allow the Wildlife Board to set license fees which must be approved by the
7 Legislature. Provisions specifying fees are repealed January 1, 2003.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 23-14-18, as last amended by Chapter 211, Laws of Utah 1995
11 23-15-14, as enacted by Chapter 242, Laws of Utah 1998
12 23-19-17, as last amended by Chapter 195, Laws of Utah 2000
13 23-19-18, as last amended by Chapter 259, Laws of Utah 1995
14 23-19-21, as last amended by Chapter 259, Laws of Utah 1995
15 23-19-24, as last amended by Chapter 195, Laws of Utah 2000
16 23-19-25, as last amended by Chapter 195, Laws of Utah 2000
17 23-19-26, as last amended by Chapter 195, Laws of Utah 2000
18 23-19-27, as last amended by Chapter 126, Laws of Utah 1983
19 23-19-34.7, as last amended by Chapter 76, Laws of Utah 1986
20 23-19-40, as last amended by Chapter 195, Laws of Utah 2000
21 23-19-42, as last amended by Chapter 195, Laws of Utah 2000
22 23-26-4, as last amended by Chapter 195, Laws of Utah 2000
23 ENACTS:
24 63-55b-123, Utah Code Annotated 1953
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 23-14-18 is amended to read:
27 23-14-18. Establishment of seasons, locations, limits, and regulations by Wildlife

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

59 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates of
60 registration in accordance with Section 63-38-3.2 .
61 Section 2. Section 23-15-14 is amended to read:
62 23-15-14. State Fish Hatchery Maintenance Account -- Contents -- Use of account
63 monies.
64 (1) There is created a restricted account within the General Fund known as the State Fish
65 Hatchery Maintenance Account.
66 (2) The following monies shall be deposited into the account:
67 (a) $2.00 of each fishing license fee or combination license fee [as listed in Section
68 23-19-40 ]; and
69 (b) interest and earnings on account monies.
70 (3) Money in the account shall be used by the division, after appropriation by the
71 Legislature, for major repairs or replacement of facilities and equipment at fish hatcheries owned
72 and operated by the division for the production and distribution of fish to enhance sport fishing
73 opportunities in the state.
74 Section 3. Section 23-19-17 is amended to read:
75 23-19-17. Fishing and hunting license -- Resident 12 or older -- Use of fee.
76 (1) A resident 12 years of age or older, upon payment of the fee prescribed [in Section
77 23-19-40 ] by the Wildlife Board, may receive a combination license to fish and to hunt for small
78 game as provided in the rules of the Wildlife Board.
79 (2) One dollar of the combination license fee shall be used for the hunter education
80 program in any of the following:
81 (a) instructor and student training;
82 (b) assisting local organizations with development;
83 (c) maintenance of existing facilities; or
84 (d) operation and maintenance of the hunter education program.
85 (3) (a) Fifty cents of the combination license fee shall be used for the upland game
86 program as follows:
87 (i) to acquire pen-raised birds; or
88 (ii) to capture and transplant upland game species.
89 (b) The combination license fee revenue designated for the upland game program by

90 Subsection (3)(a) is in addition to any combination license fee revenue that may be used for the
91 upland game program as provided by Sections 23-19-43 and 23-19-47 .
92 Section 4. Section 23-19-18 is amended to read:
93 23-19-18. Fishing license -- Season.
94 (1) A person 14 years of age or older, upon payment of the fee prescribed [in Section
95 23-19-40 ] by the Wildlife Board, may receive a season fishing license.
96 (2) A person under 14 years of age may:
97 (a) fish without a license and take a 1/2 [a] bag and possession limit; or
98 (b) purchase a license and take a full bag and possession limit.
99 (3) A resident 65 years of age or older, upon payment of the fee prescribed [in Section
100 23-19-40 ] by the Wildlife Board, may receive a season fishing license.
101 Section 5. Section 23-19-21 is amended to read:
102 23-19-21. Fishing license -- Limited number of days.
103 (1) A person, upon paying the fee prescribed [in Section 23-19-40 ] by the Wildlife Board,
104 may receive a license to fish:
105 (a) for one day; or
106 (b) for seven consecutive days.
107 (2) The effective date shall be indicated on the license.
108 Section 6. Section 23-19-24 is amended to read:
109 23-19-24. Small game hunting license -- Resident 14 or older -- Use of fee.
110 (1) A resident 14 years of age or older, upon payment of the fee prescribed [in Section
111 23-19-40 ] by the Wildlife Board, may receive a license to hunt small game.
112 (2) One dollar of the small game hunting license fee shall be used for the hunter education
113 program.
114 (3) (a) Fifty cents of the small game hunting license fee shall be used for the upland game
115 program as follows:
116 (i) to acquire pen-raised birds; or
117 (ii) to capture and transplant upland game species.
118 (b) The small game license fee revenue designated for the upland game program by
119 Subsection (3)(a) is in addition to any small game license fee revenue that may be used for the
120 upland game program as provided by Sections 23-19-43 and 23-19-47 .

121 Section 7. Section 23-19-25 is amended to read:
122 23-19-25. Small game hunting license -- Resident 12 or 13 -- Use of fee.
123 (1) A resident under the age of 14 years and 12 years of age or older, upon payment of the
124 fee prescribed [in Section 23-19-40 ] by the Wildlife Board, may receive a license to hunt small
125 game.
126 (2) One dollar of the small game hunting license fee shall be used for the hunter education
127 program.
128 (3) (a) Fifty cents of the small game hunting license fee shall be used for the upland game
129 program as follows:
130 (i) to acquire pen-raised birds; or
131 (ii) to capture and transplant upland game species.
132 (b) The small game license fee revenue designated for the upland game program by
133 Subsection (3)(a) is in addition to any small game license fee revenue that may be used for the
134 upland game program as provided by Sections 23-19-43 and 23-19-47 .
135 Section 8. Section 23-19-26 is amended to read:
136 23-19-26. Small game hunting license -- Nonresident 12 or older -- Use of fee.
137 (1) A nonresident 12 years of age or older, upon payment of the fee prescribed [in Section
138 23-19-40 ] by the Wildlife Board, may receive a license to hunt small game.
139 (2) (a) Fifty cents of the small game hunting license fee shall be used for the upland game
140 program as follows:
141 (i) to acquire pen-raised birds; or
142 (ii) to capture and transplant upland game species.
143 (b) The small game license fee revenue designated for the upland game program by
144 Subsection (2)(a) is in addition to any small game license fee revenue that may be used for the
145 upland game program as provided by Sections 23-19-43 and 23-19-47 .
146 Section 9. Section 23-19-27 is amended to read:
147 23-19-27. Furbearer license -- Resident or nonresident.
148 A resident or nonresident, upon payment of the fee prescribed [in Section 23-19-40 ] by the
149 Wildlife Board, may receive a license to take furbearers.
150 Section 10. Section 23-19-34.7 is amended to read:
151 23-19-34.7. Nonresident falconry meet license.

152 [Any] (1) A nonresident [participating] 14 years of age or older may participate in a
153 falconry meet in this state [must be at least 14 years old and possess a valid falconry meet license.
154 Such license shall be issued only to nonresidents,] upon payment of a fee prescribed [in Section
155 23-19-40 , and] by the Wildlife Board.
156 (2) A nonresident falconry meet license shall be valid only for five consecutive days, the
157 dates to be designated on the license. The holder of the license may engage in the sport of falconry
158 on nongame wildlife species and [also] small game species, during the specified five-day period.
159 Section 11. Section 23-19-40 is amended to read:
160 23-19-40. Fees for licenses.
161 (1) Residents and nonresidents may engage in hunting, fishing, trapping, bird hunting in
162 commercial areas, and falconry upon obtaining a license through the payment of one or more of
163 the following applicable fees:
164 WILDLIFE LICENSE FEE SCHEDULE
165 Type of License Age and Time Fee
166 RESIDENT
167 Combination 12 years or older $31.75
168 Fishing Under 65 (Season) 23.75
169 65 years or older 13.75
170 (Season)
171 Any age (1-day) 6.75
172 Any age (7-day) 14.75
173 Small Game 12-13 years 10.75
174 14 years or older 16.75
175 Furbearer Any age 29.00
176 NONRESIDENT
177 Fishing Any age (Season) 45.75
178 Any age (1-day) 7.75
179 Any age (7-day) 20.75
180 Small Game 12 years or older 44.75
181 Furbearer Any age 154.00
182 Falconry 14 years or older 15.00

183 (5-day)
184 (2) Statewide fish stamps or fees may not be imposed without legislative approval.
185 (3) Notwithstanding the provisions of Sections 23-19-17 , 23-19-18 , 23-19-21 , 23-19-24 ,
186 23-19-25 , 23-19-26 , 23-19-27 , and 23-19-34.7 authorizing the Wildlife Board to prescribe license
187 fees, the fees listed in Subsection (1) shall be in effect through December 31, 2002.
188 (4) Notwithstanding the provisions of Section 23-26-4 authorizing the Wildlife Board to
189 prescribe fees for Wildlife Heritage certificates, through December 31, 2002:
190 (a) a resident or nonresident, 12 years of age or older, upon payment of $20, may receive
191 a Wildlife Heritage certificate; and
192 (b) a resident or nonresident, under 12 years of age, upon payment of $10, may receive a
193 Wildlife Heritage certificate.
194 Section 12. Section 23-19-42 is amended to read:
195 23-19-42. Search and rescue surcharge.
196 (1) In addition to the fees imposed under this chapter, there is imposed a 25 cent surcharge
197 on each fishing, small game, or combination license [listed in Section 23-19-40 ].
198 (2) This surcharge shall be deposited in the General Fund as a dedicated credit for the
199 Search and Rescue Financial Assistance Program created under Section 53-2-107 .
200 Section 13. Section 23-26-4 is amended to read:
201 23-26-4. Wildlife Heritage certificate -- Benefits -- Use of revenue.
202 (1) (a) A resident or nonresident, 12 years of age or older, upon payment of [$20] the fee
203 prescribed by the Wildlife Board, may receive a Wildlife Heritage certificate.
204 (b) A resident or nonresident, under 12 years of age, upon payment of [$10] the fee
205 prescribed by the Wildlife Board, may receive a Wildlife Heritage certificate.
206 (2) The Wildlife Heritage certificate allows the holder to receive the benefits and
207 participate in the activities of the Wildlife Heritage program as determined by the Wildlife Board
208 and the division.
209 (3) Revenue from the sale of Wildlife Heritage certificates shall be used for activities and
210 projects that fulfill the program's purposes as specified in Section 23-26-2 , including:
211 (a) information and education;
212 (b) the establishment and enhancement of nonconsumptive wildlife management areas that
213 are managed consistent with Section 23-14-18 ;

214 (c) wildlife and ecosystem research; and
215 (d) administration, development, and promotion of the program.
216 (4) Revenue from the sale of Wildlife Heritage certificates may be used for emergency
217 feeding of wildlife.
218 Section 14. Section 63-55b-123 is enacted to read:
219 63-55b-123. Repeal dates -- Title 23.
220 Section 23-19-40 is repealed January 1, 2003.




Legislative Review Note
as of 12-13-00 9:40 AM

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

Office of Legislative Research and General Counsel