H.B. 342

1

WILD TURKEY MANAGEMENT
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the management of turkeys.
10 Highlighted Provisions:
11 This bill:
12 . allows a person to take a turkey if the turkey is on the person's private property;
13 . requires the Division of Wildlife Resources to investigate and mitigate damage by a
14 turkey;
15 . requires the Division of Wildlife Resources to establish two general season turkey
16 hunts per year; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 23-19-1, as last amended by Laws of Utah 2011, Chapter 366
25 ENACTS:
26 23-17-5.1, Utah Code Annotated 1953
27 23-17-5.2, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 23-17-5.1 is enacted to read:
31 23-17-5.1. Damage by turkeys.
32 (1) (a) If a turkey damages a person's private property the person may:
33 (i) notify the division of the damage; and
34 (ii) request that the division take action to alleviate the damage.
35 (b) The person shall allow division staff reasonable access to the damaged property to
36 verify and alleviate the damage.
37 (2) Within 72 hours after receiving the request for action under Subsection (1)(a)(ii),
38 the division shall investigate the damaged property, and if it appears that damage by a turkey
39 may continue, the division shall:
40 (a) remove the turkeys causing damage; and
41 (b) implement a damage mitigation and prevention plan with the written approval of
42 the property owner.
43 Section 2. Section 23-17-5.2 is enacted to read:
44 23-17-5.2. General season turkey hunts.
45 The Wildlife Board shall establish two general season turkey hunts per year.
46 Section 3. Section 23-19-1 is amended to read:
47 23-19-1. Possession of licenses, certificates of registration, permits, and tags
48 required -- Nonassignability -- Exceptions -- Free fishing day.
49 (1) [A] Except as provided in Subsection (5), a person may not [engage in hunting,
50 trapping, fishing, or seining] take, hunt, fish, or seine protected wildlife or [in the sale] sell,
51 trade, or barter [of] protected wildlife or [their parts without first having procured] wildlife
52 parts unless the person:
53 (a) procures the necessary licenses, certificates of registration, permits, [and] or tags [as
54 provided] required under this [chapter] title, by rule made by the Wildlife Board under this
55 title, or by an order or proclamation issued in accordance with a rule made by the Wildlife
56 Board under this title; and [having at the same time the licenses, certificates of registration,
57 permits, and tags on his or her person, except as provided under Subsection (3).]
58 (b) carries in the person's possession while engaging in the activities described in

59 Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
60 rule made by the Wildlife Board under this title, or by an order or proclamation issued in
61 accordance with a rule made by the Wildlife Board under this title.
62 (2) [(a)] Except as provided in Subsection [(2)(b)] (3) a person may not:
63 [(i)] (a) lend, transfer, sell, give, or assign [licenses, certificates of registration, permits,
64 or tags]:
65 (i) a license, certificate of registration, permit, or tag belonging to the person; or [the
66 rights granted by licenses, certificates of registration, permits, or tags; or]
67 (ii) a right granted by a license, certificate of registration, permit, or tag; or
68 [(ii)] (b) use or attempt to use a license, certificate of registration, permit, or tag of
69 another person.
70 [(b) The] (3) In accordance with Title 63G, Chapter 3, Utah Administrative
71 Rulemaking Act, the Wildlife Board may, by rule, make exceptions to the prohibitions
72 [specified in Subsection (2)(a) for purposes of] described in Subsection (2) to:
73 [(i) transporting wildlife;]
74 (a) transport wildlife;
75 [(ii) taking] (b) allow a person to take protected wildlife [for a] for another person if:
76 (i) the person [who] possessing the license, certificate of registration, permit, or tag has
77 a permanent physical impairment due to a congenital or acquired injury or disease[, congenital
78 or acquired, that]; and
79 (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
80 disability that renders the person physically unable to use a legal hunting weapon or fishing
81 device; or
82 [(iii) transferring] (c) subject to the requirements of Subsection (4), transfer to another
83 person a certificate of registration to harvest brine shrimp and brine shrimp eggs [to another
84 person], if the certificate is transferred in connection with the sale or transfer of the brine
85 shrimp harvest operation or [the] harvesting equipment[, subject to the restrictions referred to
86 under Subsection (2)(c)].
87 [(c) (i) A certificate of registration to harvest brine shrimp and brine shrimp eggs may
88 not be transferred without the approval of the division.]
89 [(ii) Application to allow the transfer of a certificate of registration to harvest brine

90 shrimp and brine shrimp eggs shall be made to the division on a form prescribed and furnished
91 by it.]
92 [(iii) The division may grant a transfer of a certificate of registration to harvest brine
93 shrimp and brine shrimp eggs if the proposed transferee meets all the requirements necessary to
94 obtain an original certificate of registration.]
95 (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
96 shrimp eggs if:
97 (a) the person submits to the division an application to transfer the certificate on a form
98 provided by the division;
99 (b) the proposed transferee meets all requirements necessary to obtain an original
100 certificate of registration; and
101 (c) the division approves the transfer of the certificate.
102 [(3) No] (5) A person is not required to obtain a license, certificate of registration,
103 permit, or tag [is required] to:
104 (a) fish on a free fishing day [which] that the Wildlife Board may establish each year
105 [under rules prescribed by the board] by rule made by the Wildlife Board under this title or by
106 an order or proclamation issued in accordance with a rule made by the Wildlife Board under
107 this title;
108 (b) fish at a private fish pond operated in accordance with Section 23-15-10 ; [or]
109 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
110 propagate, keep, and release for shooting [pursuant to] in accordance with a certificate of
111 registration issued under Section 23-17-6 [.]; or
112 (d) take a turkey on private property owned by the person.




Legislative Review Note
as of 2-18-13 5:39 PM

Office of Legislative Research and General Counsel

[Bill Documents]