1     
HUNTING MENTOR PROGRAM

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Allen M. Christensen

5     
House Sponsor: Mike Schultz

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the requirements for a resident minor to use the hunting permit of
10     another person.
11     Highlighted Provisions:
12          This bill:
13          ▸     states that a resident minor may use the resident or nonresident hunting permit of
14     another person if:
15               •     the resident minor is otherwise legally eligible to hunt; and
16               •     the permit holder receives no form of compensation, obtains the division's
17     written approval, and accompanies the minor in person; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          23-19-1, as last amended by Laws of Utah 2016, Chapter 258
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 23-19-1 is amended to read:
29          23-19-1. Possession of licenses, certificates of registration, permits, and tags

30     required -- Nonassignability -- Exceptions -- Free fishing day -- Nature of licenses,
31     permits, or tags issued by the division.
32          (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
33     protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
34          (a) procures the necessary licenses, certificates of registration, permits, or tags required
35     under this title, by rule made by the Wildlife Board under this title, or by an order or
36     proclamation issued in accordance with a rule made by the Wildlife Board under this title; and
37          (b) carries in the person's possession while engaging in the activities described in
38     Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
39     rule made by the Wildlife Board under this title, or by an order or proclamation issued in
40     accordance with a rule made by the Wildlife Board under this title.
41          (2) Except as provided in Subsection (3) a person may not:
42          (a) lend, transfer, sell, give, or assign:
43          (i) a license, certificate of registration, permit, or tag belonging to the person; or
44          (ii) a right granted by a license, certificate of registration, permit, or tag; or
45          (b) use or attempt to use a license, certificate of registration, permit, or tag of another
46     person.
47          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
48     Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
49     to:
50          (a) transport wildlife;
51          (b) allow a person to take protected wildlife for another person if:
52          (i) the person possessing the license, certificate of registration, permit, or tag has a
53     permanent physical impairment due to a congenital or acquired injury or disease; and
54          (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
55     disability that renders the person physically unable to use a legal hunting weapon or fishing
56     device;
57          (c) allow a resident minor under 18 years of age to use the resident or nonresident

58     hunting permit of another person if:
59          (i) the resident minor is[:] otherwise legally eligible to hunt; and
60          [(A) the permit holder's child, stepchild, grandchild, or legal ward, if the permit
61     holder's guardianship of the legal ward is based solely on the minor's age; or]
62          [(B) suffering from a life threatening medical condition; and]
63          (ii) the permit holder:
64          (A) receives no form of compensation or remuneration for allowing the minor to use
65     the permit;
66          (B) obtains the division's prior written approval to allow the minor to use the permit;
67     and
68          (C) accompanies the minor, for the purposes of advising and assisting during the hunt,
69     at a distance where the permit holder can communicate with the minor, in person, by voice or
70     visual signals; or
71          (d) subject to the requirements of Subsection (4), transfer to another person a certificate
72     of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
73     connection with the sale or transfer of the brine shrimp harvest operation or harvesting
74     equipment.
75          (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
76     shrimp eggs if:
77          (a) the person submits to the division an application to transfer the certificate on a form
78     provided by the division;
79          (b) the proposed transferee meets all requirements necessary to obtain an original
80     certificate of registration; and
81          (c) the division approves the transfer of the certificate.
82          (5) A person is not required to obtain a license, certificate of registration, permit, or tag
83     to:
84          (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
85     made by the Wildlife Board under this title or by an order or proclamation issued in accordance

86     with a rule made by the Wildlife Board under this title;
87          (b) fish at a private fish pond operated in accordance with Section 23-15-10; or
88          (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
89     propagate, keep, and release for shooting in accordance with a certificate of registration issued
90     under Section 23-17-6.
91          (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
92     rules of the Wildlife Board issued pursuant to authority granted by this title, to take protected
93     wildlife is:
94          (i) a privilege; and
95          (ii) not a right or property for any purpose.
96          (b) A point or other form of credit issued to, or accumulated by, a person under
97     procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
98     hunting permit in a division-administered drawing:
99          (i) may not be transferred, sold, or assigned to another person; and
100          (ii) is not a right or property for any purpose.