This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 7, 2019 at 10:25 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to regulating hunting.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the Department of Agriculture and Food's regulation of aerial hunting,
13 including granting rulemaking authority; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 4-23-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 4-23-106 is amended to read:
25 4-23-106. Department to issue licenses and permits -- Department to issue
26 aircraft use permits -- Aerial hunting.
27 (1) The department is responsible for the issuance of permits and licenses for the
28 purposes of the federal Fish and Wildlife Act of 1956.
29 (2) Ŝ→ [
29a prevention of
30 damage without first obtaining a use permit from the department.
31 Ŝ→ [
32 crops, livestock, poultry, or wildlife shall file an application with the department for an aircraft
33 use permit to enable the agency to issue licenses to personnel within the agency charged with
34 the responsibility to protect such resources.
35 [
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38 [
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40 (3) The department may issue an annual permit for aerial hunting to a Ŝ→ private ←Ŝ
40a person for the
41 protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, if the
42 person shows that the person or the person's designated pilot, along with the aircraft to be used
43 in the aerial hunting, are licensed and qualified in accordance with the requirements of the
44 department set by rule.
45 (4) The department may predicate the issuance or retention of a permit for aerial
46 hunting upon the permittee's full and prompt disclosure of information as the department may
47 request for submission pursuant to rules made by the department.
48 (5) The department shall collect an annual fee, set in accordance with Section
49 63J-1-504, from a person who has an aircraft for which a permit is issued or renewed under this
50 section.
51 (6) Aerial hunting activity Ŝ→ under a permit issued by the department ←Ŝ is restricted
51a to:
52 (a) (i) private lands that are owned or managed by the permittee;
53 (ii) state grazing allotments where the permittee is permitted by the state or the State
54 Institutional Trust Lands Administration to graze livestock; or
55 (iii) federal grazing allotments where the permittee is permitted by the United States
56 Bureau of Land Management or United States Forest Service to graze livestock; and
57 (b) only during the time period:
58 (i) for purposes of Subsection (6)(a)(ii) or (iii), that under an active permit the
59 permittee may graze or run livestock on the land; and
60 (ii) for which the land owner has provided written permission for the aerial hunting.
61 (7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
62 Administrative Rulemaking Act, that are necessary to carry out the purpose of this section.
62a Ŝ→ (8) The issuance of an aerial hunting permit or license under this section does not
62b authorize the holder to use aircraft to hunt, pursue, shoot, wound, kill, trap, capture, or collect
62c protected wildlife, as defined in Section 23-13-2, unless also authorized by the Division of
62d Wildlife Resources under Section 23-20-12. ←Ŝ