H.B. 34

1

PENALTIES FOR DESTRUCTION OF BALD
2 EAGLE
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Roger E. Barrus
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 Committee Note:
10 The Natural Resources, Agriculture, and Environment Interim Committee
11 recommended this bill.
12 General Description:
13 This bill modifies protected wildlife and minimum restitution values for certain
14 wildlife.
15 Highlighted Provisions:
16 This bill:
17 . establishes the value of a bald eagle for the purpose of determining the penalty for
18 the wanton destruction of a bald eagle; and
19 . establishes the suggested minimum restitution value for a bald eagle.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 23-20-4, as last amended by Laws of Utah 2004, Chapter 276
27 23-20-4.5, as last amended by Laws of Utah 2004, Chapter 119

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 23-20-4 is amended to read:
31 23-20-4. Wanton destruction of protected wildlife -- Penalties.
32 (1) A person is guilty of wanton destruction of protected wildlife if that person:
33 (a) commits an act in violation of Section 23-13-4 , 23-13-5 , 23-13-13 , 23-15-6 through
34 23-15-9 , 23-16-5 , or Subsection 23-20-3 (1);
35 (b) captures, injures, or destroys protected wildlife; and
36 (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
37 76-2-103 ;
38 (ii) intentionally abandons protected wildlife or a carcass;
39 (iii) commits the offense at night with the use of a weapon;
40 (iv) is under a court or division revocation of a license, tag, permit, or certificate of
41 registration; or
42 (v) acts for pecuniary gain.
43 (2) Subsection (1) does not apply to actions taken [which are] in accordance with [the
44 following]:
45 (a) Title 4, Chapter 14, Utah Pesticide Control Act;
46 (b) Title 4, Chapter 23, [Agriculture] Agricultural and Wildlife Damage Prevention
47 Act; or
48 (c) Section 23-16-3.1 .
49 (3) Wanton destruction of wildlife is punishable:
50 (a) as a third degree felony if:
51 (i) the aggregate value of the protected wildlife determined by the values in Subsection
52 (4) is more than $500; or
53 (ii) a trophy animal was captured, injured, or destroyed;
54 (b) as a class A misdemeanor if the aggregate value of the protected wildlife, [other
55 than any trophy animal,] determined by the values established in Subsection (4) is more than
56 $250, but does not exceed $500; and
57 (c) as a class B misdemeanor if the aggregate value of the protected wildlife
58 determined by the values established in Subsection (4) is $250 or less.

59 (4) Regardless of the restitution amounts imposed under Subsection 23-20-4.5 (2), the
60 following values are assigned to protected wildlife for the purpose of determining the offense
61 for wanton destruction of wildlife:
62 (a) $1,000 per animal for:
63 (i) bison;
64 (ii) bighorn sheep;
65 (iii) rocky mountain goat;
66 (iv) moose;
67 (v) bear;
68 (vi) peregrine falcon; [or]
69 (vii) bald eagle; or
70 [(vii)] (viii) endangered species;
71 (b) $750 per animal for:
72 (i) elk; or
73 (ii) threatened species;
74 (c) $500 per animal for:
75 (i) cougar;
76 (ii) golden eagle;
77 (iii) river otter; or
78 (iv) gila monster;
79 (d) $400 per animal for:
80 (i) pronghorn antelope; or
81 (ii) deer;
82 (e) $350 per animal for bobcat;
83 (f) $100 per animal for:
84 (i) swan;
85 (ii) sandhill crane;
86 (iii) turkey;
87 (iv) pelican;
88 (v) loon;
89 (vi) egrets;

90 (vii) herons;
91 (viii) raptors, except those that are threatened or endangered;
92 (ix) Utah milk snake; or
93 (x) Utah mountain king snake;
94 (g) $35 per animal for furbearers, except:
95 (i) bobcat;
96 (ii) river otter; and
97 (iii) threatened or endangered species;
98 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
99 largemouth bass, smallmouth bass, and wiper;
100 (i) $15 per animal for game birds, except:
101 (i) turkey;
102 (ii) swan; and
103 (iii) sandhill crane;
104 (j) $10 per animal for game fish not listed in Subsection (4)(h);
105 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
106 (l) $5 per animal for protected wildlife not listed.
107 (5) For purposes of sentencing for a wildlife violation, a person who has been
108 convicted of a third degree felony under Subsection (3)(a) is not subject to the mandatory
109 sentencing requirements prescribed in Subsection 76-3-203.8 (4).
110 (6) As part of [any] a sentence imposed, the court shall impose a sentence of
111 incarceration of not less than 20 consecutive days for [any] a person convicted of a third degree
112 felony under Subsection (3)(a)(ii) who captured, injured, or destroyed a trophy animal for
113 pecuniary gain.
114 (7) If a person has already been convicted of a third degree felony under Subsection
115 (3)(a)(ii) once, each separate [further] additional offense under Subsection (3)(a)(ii) is
116 punishable by, as part of [any] a sentence imposed, a sentence of incarceration of not less than
117 20 consecutive days.
118 (8) The court may not sentence a person subject to Subsection (6) or (7) to less than 20
119 consecutive days of incarceration or suspend the imposition of the sentence unless the court
120 finds mitigating circumstances justifying lesser punishment and makes that finding a part of the

121 court record.
122 Section 2. Section 23-20-4.5 is amended to read:
123 23-20-4.5. Illegal taking, possession, or wanton destruction of protected wildlife --
124 Restitution -- Reimbursable damages -- Assessment by magistrates -- Disposition of
125 monies.
126 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
127 destruction of protected wildlife, other than [any] a trophy animal, the court may order the
128 defendant to pay restitution:
129 (a) as set forth in Subsection (2)[,]; or
130 (b) in a greater or lesser amount[, for the value of each animal taken, possessed, or
131 destroyed, unless the court finds that restitution is inappropriate] than the amount established in
132 Subsection (2).
133 (2) Suggested minimum restitution values for protected wildlife are as follows:
134 (a) $1,000 per animal for:
135 (i) bison;
136 (ii) bighorn sheep;
137 (iii) rocky mountain goat;
138 (iv) moose;
139 (v) bear;
140 (vi) peregrine falcon; [or]
141 (vii) bald eagle; or
142 [(vii)] (viii) endangered species;
143 (b) $750 per animal for:
144 (i) elk; or
145 (ii) threatened species;
146 (c) $500 per animal for:
147 (i) golden eagle;
148 (ii) river otter; or
149 (iii) gila monster;
150 (d) $400 per animal for:
151 (i) pronghorn antelope; or

152 (ii) deer;
153 (e) $350 per animal for:
154 (i) cougar; or
155 (ii) bobcat;
156 (f) $100 per animal for:
157 (i) swan;
158 (ii) sandhill crane;
159 (iii) turkey;
160 (iv) pelican;
161 (v) loon;
162 (vi) egrets;
163 (vii) herons;
164 (viii) raptors, except those that are threatened or endangered;
165 (ix) Utah milk snake; or
166 (x) Utah mountain king snake;
167 (g) $35 per animal for furbearers, except:
168 (i) bobcat;
169 (ii) river otter; and
170 (iii) threatened or endangered species;
171 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
172 largemouth bass, smallmouth bass, and wiper;
173 (i) $15 per animal for game birds, except:
174 (i) turkey;
175 (ii) swan; and
176 (iii) sandhill crane;
177 (j) $10 per animal for game fish not listed in Subsection (2)(h);
178 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
179 (l) $5 per animal for protected wildlife not listed.
180 (3) If the court finds that restitution is inappropriate or if the value imposed is less than
181 the suggested minimum value as provided in Subsection (2), the court shall make the reasons
182 for the decision part of the court record.

183 (4) (a) The court shall order [any] a person convicted of a third degree felony under
184 Subsection 23-20-4 (3)(a)(ii) to pay restitution in accordance with Subsection (4)(b).
185 [Minimum]
186 (b) The minimum restitution [values] value for a trophy [animals are] animal is as
187 follows:
188 [(a)] (i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
189 [(b)] (ii) $8,000 per animal for deer;
190 [(c)] (iii) $8,000 per animal for elk;
191 [(d)] (iv) $6,000 per animal for moose or mountain goat;
192 [(e)] (v) $6,000 per animal for bison; and
193 [(f)] (vi) $2,000 per animal for pronghorn antelope.
194 (5) [Any restitution] Restitution paid under Subsection (4) shall be remitted to the
195 division and deposited in the Wildlife Resources Account.
196 (6) Restitution monies shall be used by the division for activities and programs to help
197 stop poaching, including:
198 (a) educational programs on wildlife crime prevention;
199 (b) acquisition and development of wildlife crime detection equipment;
200 (c) operation and maintenance of anti-poaching projects; and
201 (d) wildlife law enforcement training.
202 (7) If restitution is required it shall be in addition to:
203 (a) [any other] a fine or penalty imposed for a violation of any provision of this title;
204 and
205 (b) [any] a remedial action taken to revoke or suspend a person's license, permit, tag, or
206 certificate of registration.
207 (8) A judgment imposed under this section constitutes a lien when recorded in the
208 judgment docket and shall have the same effect and is subject to the same rules as a judgment
209 for money in a civil action.

Legislative Review Note
as of 9-19-08 9:07 AM

Office of Legislative Research and General Counsel