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7 LONG TITLE
8 General Description:
9 This bill clarifies the nature of a license, permit, tag, certificate of registration, point, or
10 credit issued to a person by the Division of Wildlife Resources and modifies procedures
11 for receiving a big game hunting permit.
12 Highlighted Provisions:
13 This bill:
14 ▸ states that a license, permit, tag, or certificate of registration issued to a person by
15 the Division of Wildlife Resources is a privilege, not a right;
16 ▸ states that a point or credit issued to a person to improve the person's chances of
17 receiving a hunting permit in a division-administered drawing:
18 • may not be transferred, sold, or assigned to another person; and
19 • is not a right;
20 ▸ modifies the procedure for receiving a big game hunting permit; and
21 ▸ makes technical changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 23-19-1, as last amended by Laws of Utah 2013, Chapter 418
29 23-19-14.6, as enacted by Laws of Utah 2014, Chapter 33
30 23-19-22, as last amended by Laws of Utah 2012, Chapter 142
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 23-19-1 is amended to read:
34 23-19-1. Possession of licenses, certificates of registration, permits, and tags
35 required -- Nonassignability -- Exceptions -- Free fishing day -- Nature of licenses,
36 permits, or tags issued by the division.
37 (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
38 protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
39 (a) procures the necessary licenses, certificates of registration, permits, or tags required
40 under this title, by rule made by the Wildlife Board under this title, or by an order or
41 proclamation issued in accordance with a rule made by the Wildlife Board under this title; and
42 (b) carries in the person's possession while engaging in the activities described in
43 Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
44 rule made by the Wildlife Board under this title, or by an order or proclamation issued in
45 accordance with a rule made by the Wildlife Board under this title.
46 (2) Except as provided in Subsection (3) a person may not:
47 (a) lend, transfer, sell, give, or assign:
48 (i) a license, certificate of registration, permit, or tag belonging to the person; or
49 (ii) a right granted by a license, certificate of registration, permit, or tag; or
50 (b) use or attempt to use a license, certificate of registration, permit, or tag of another
51 person.
52 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
53 Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
54 to:
55 (a) transport wildlife;
56 (b) allow a person to take protected wildlife for another person if:
57 (i) the person possessing the license, certificate of registration, permit, or tag has a
58 permanent physical impairment due to a congenital or acquired injury or disease; and
59 (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
60 disability that renders the person physically unable to use a legal hunting weapon or fishing
61 device;
62 (c) allow a resident minor under 18 years of age to use the resident or nonresident
63 hunting permit of another person if:
64 (i) the resident minor is:
65 (A) the permit holder's child, stepchild, grandchild, or legal ward, if the permit holder's
66 guardianship of the legal ward is based solely on the minor's age; or
67 (B) suffering from a life threatening medical condition; and
68 (ii) the permit holder:
69 (A) receives no form of compensation or remuneration for allowing the minor to use
70 the permit;
71 (B) obtains the division's prior written approval to allow the minor to use the permit;
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73 (C) accompanies the minor, for the purposes of advising and assisting during the hunt,
74 at a distance where the permit holder can communicate with the minor, in person, by voice or
75 visual signals; or
76 (d) subject to the requirements of Subsection (4), transfer to another person a certificate
77 of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
78 connection with the sale or transfer of the brine shrimp harvest operation or harvesting
79 equipment.
80 (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
81 shrimp eggs if:
82 (a) the person submits to the division an application to transfer the certificate on a form
83 provided by the division;
84 (b) the proposed transferee meets all requirements necessary to obtain an original
85 certificate of registration; and
86 (c) the division approves the transfer of the certificate.
87 (5) A person is not required to obtain a license, certificate of registration, permit, or tag
88 to:
89 (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
90 made by the Wildlife Board under this title or by an order or proclamation issued in accordance
91 with a rule made by the Wildlife Board under this title;
92 (b) fish at a private fish pond operated in accordance with Section 23-15-10; or
93 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
94 propagate, keep, and release for shooting in accordance with a certificate of registration issued
95 under Section 23-17-6.
96 (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
97 rules of the Wildlife Board issued pursuant to authority granted by this title, to take protected
98 wildlife is:
99 (i) a privilege; and
100 (ii) not a right or property for any purpose.
101 (b) A point or other form of credit issued to, or accumulated by, a person under
102 procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
103 hunting permit in a division-administered drawing:
104 (i) may not be transferred, sold, or assigned to another person; and
105 (ii) is not a right or property for any purpose.
106 Section 2. Section 23-19-14.6 is amended to read:
107 23-19-14.6. Trial hunting authorization.
108 (1) Upon application, the division may issue a trial hunting authorization to an
109 individual who:
110 (a) is 11 years of age or older at the time of application;
111 (b) is eligible under state and federal law to possess a firearm and archery equipment;
112 and
113 (c) (i) was born after 1965; and
114 (ii) has not completed a division approved hunter education course.
115 (2) Notwithstanding the requirements of Section 23-19-11, an individual who has
116 obtained a trial hunting authorization under Subsection (1) may obtain:
117 (a) a hunting license under Sections 23-19-17, 23-19-24, and 23-19-26; or
118 (b) a hunting permit authorized by the Wildlife Board under Subsection (4).
119 (3) An individual who has obtained a hunting license or permit with a trial hunting
120 authorization under Subsection (2) may use the license or permit if the individual is:
121 (a) 12 years of age or older[
122 (b) accompanied, as defined in Subsection 23-20-20(1), in the field while hunting by
123 an individual who:
124 (i) is 21 years of age or older;
125 (ii) is eligible under state and federal law to possess a firearm and archery equipment;
126 (iii) possesses a current Utah hunting or combination license;
127 (iv) has satisfied applicable hunter education requirements under this chapter; and
128 (v) possesses the written consent of the holder's parent or legal guardian, if
129 accompanying a holder of a trial hunting authorization who is under 18 years of age.
130 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
131 Wildlife Board may make rules to:
132 (a) designate the types of hunting permits under Subsection (2) that may be obtained
133 with a trial hunting authorization;
134 (b) establish the term of a trial hunting authorization;
135 (c) establish the number of years a person may obtain a trial hunting authorization;
136 (d) prescribe the number of individuals using a trial hunting authorization that an
137 individual may accompany in the field under Subsection (3) at a single time;
138 (e) establish the application process for an individual to obtain a trial hunting
139 authorization; and
140 (f) administer and enforce the provisions of this section.
141 Section 3. Section 23-19-22 is amended to read:
142 23-19-22. Big game hunting permit.
143 (1) A person who is at least 12 years old, upon paying the big game hunting permit fee
144 established by the Wildlife Board, paying the fee established by Subsection [
145 possessing a valid hunting or combination license, may apply for or obtain a permit to hunt big
146 game as provided by rules and proclamations of the Wildlife Board.
147 (2) (a) A person who is 11 years old may apply for or obtain a big game hunting permit
148 consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
149 calendar year for which the permit is issued.
150 (b) A person may not use a permit to hunt big game before the person's 12th birthday.
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162 for the hunter education program as provided in Section 23-19-17.
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164 section to be deposited in the Predator Control Restricted Account.