This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 7, 2019 at 10:25 AM by lpoole.



Chief Sponsor: David P. Hinkins

House Sponsor: Carl R. Albrecht


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

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→ [
(a)] ←Ŝ A Ŝ→ [state agency or] ←Ŝ private person may not use any aircraft for the
29a     prevention of
30     damage without first obtaining a use permit from the department.
31          Ŝ→ [
(b) A state agency that contemplates the use of aircraft for the protection of agricultural
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.
] ←Ŝ

35          [(c) A person who desires to use privately owned aircraft for the protection of land,
36     water, crops, wildlife, or livestock may not engage in any such protective activity without first
37     obtaining an aircraft permit from the department.]
38          [(d) Agencies and private persons that obtain aircraft use permits shall file such reports
39     with the department as it deems necessary in the administration of its licensing authority.]
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