1     
WILDLIFE RESOURCES CODE RECODIFICATION

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Casey Snider

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill recodifies Title 23, Wildlife Resources Code of Utah.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses definitions;
13          ▸     reorders provisions;
14          ▸     removes outdated language;
15          ▸     clarifies rulemaking authority;
16          ▸     addresses compensation of employees;
17          ▸     clarifies delegation to employees of use of fireworks;
18          ▸     makes consistent references to nominations by nominating committee;
19          ▸     clarifies delegation to employees related to issuing duplicates;
20          ▸     addresses references to criminal penalty provisions;
21          ▸     addresses cross references;
22          ▸     clarifies review by regional advisory councils of cooperative wildlife management
23     units; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          This bill provides a special effective date.
29          This bill provides revisor instructions.

30     Utah Code Sections Affected:
31     ENACTS:
32          23A-1-103, Utah Code Annotated 1953
33          23A-2-101, Utah Code Annotated 1953
34          23A-3-101, Utah Code Annotated 1953
35          23A-4-101, Utah Code Annotated 1953
36          23A-4-502, Utah Code Annotated 1953
37          23A-4-1104, Utah Code Annotated 1953
38          23A-4-1105, Utah Code Annotated 1953
39          23A-4-1107, Utah Code Annotated 1953
40          23A-5-101, Utah Code Annotated 1953
41          23A-5-306, Utah Code Annotated 1953
42          23A-8-101, Utah Code Annotated 1953
43          23A-9-101, Utah Code Annotated 1953
44          23A-12-101, Utah Code Annotated 1953
45          23A-14-101, Utah Code Annotated 1953
46     RENUMBERS AND AMENDS:
47          23A-1-101, (Renumbered from 23-13-2, as last amended by Laws of Utah 2019,
48     Chapter 125)
49          23A-1-102, (Renumbered from 23-13-3, as last amended by Laws of Utah 1992,
50     Chapter 27)
51          23A-1-201, (Renumbered from 23-13-8, as last amended by Laws of Utah 1986,
52     Chapter 76)
53          23A-1-202, (Renumbered from 23-13-12.5, as last amended by Laws of Utah 2002,
54     Chapter 70)
55          23A-1-203, (Renumbered from 23-13-15, as enacted by Laws of Utah 1973, Chapter
56     33)
57          23A-1-204, (Renumbered from 23-13-17, as last amended by Laws of Utah 2011,

58     Chapter 297)
59          23A-1-205, (Renumbered from 23-20-9, as last amended by Laws of Utah 2011,
60     Chapter 297)
61          23A-2-102, (Renumbered from 23-14-3, as last amended by Laws of Utah 2020,
62     Chapter 154)
63          23A-2-201, (Renumbered from 23-14-1, as last amended by Laws of Utah 1995,
64     Chapter 211)
65          23A-2-202, (Renumbered from 23-14-7, as last amended by Laws of Utah 1995,
66     Chapter 56)
67          23A-2-203, (Renumbered from 23-14-8, as last amended by Laws of Utah 1995,
68     Chapter 211)
69          23A-2-204, (Renumbered from 23-14-10, as last amended by Laws of Utah 1989,
70     Chapter 22)
71          23A-2-205, (Renumbered from 23-14-12, as enacted by Laws of Utah 1971, Chapter
72     46)
73          23A-2-206, (Renumbered from 23-15-2, as last amended by Laws of Utah 2011,
74     Chapter 297)
75          23A-2-207, (Renumbered from 23-13-6, as last amended by Laws of Utah 2021,
76     Chapter 109)
77          23A-2-208, (Renumbered from 23-13-7, as last amended by Laws of Utah 1986,
78     Chapter 76)
79          23A-2-209, (Renumbered from 23-14-21, as last amended by Laws of Utah 2021,
80     Chapter 382)
81          23A-2-301, (Renumbered from 23-14-2, as last amended by Laws of Utah 2020,
82     Chapters 352 and 373)
83          23A-2-302, (Renumbered from 23-14-2.5, as last amended by Laws of Utah 2003,
84     Chapter 36)
85          23A-2-303, (Renumbered from 23-14-2.6, as last amended by Laws of Utah 2010,

86     Chapters 286 and 324)
87          23A-2-304, (Renumbered from 23-14-19, as last amended by Laws of Utah 1995,
88     Chapter 211)
89          23A-2-305, (Renumbered from 23-14-18, as last amended by Laws of Utah 2021,
90     Chapter 57)
91          23A-2-401, (Renumbered from 23-22-1, as last amended by Laws of Utah 2011,
92     Chapter 297)
93          23A-2-402, (Renumbered from 23-22-2, as last amended by Laws of Utah 2010,
94     Chapter 324)
95          23A-2-403, (Renumbered from 23-22-3, as last amended by Laws of Utah 2011,
96     Chapter 297)
97          23A-2-501, (Renumbered from 23-25-2, as last amended by Laws of Utah 2015,
98     Chapter 258)
99          23A-2-502, (Renumbered from 23-25-3, as enacted by Laws of Utah 1992, Chapter
100     260)
101          23A-2-503, (Renumbered from 23-25-4, as enacted by Laws of Utah 1992, Chapter
102     260)
103          23A-2-504, (Renumbered from 23-25-5, as enacted by Laws of Utah 1992, Chapter
104     260)
105          23A-2-505, (Renumbered from 23-25-6, as enacted by Laws of Utah 1992, Chapter
106     260)
107          23A-2-506, (Renumbered from 23-25-7, as enacted by Laws of Utah 1992, Chapter
108     260)
109          23A-2-507, (Renumbered from 23-25-8, as enacted by Laws of Utah 1992, Chapter
110     260)
111          23A-2-508, (Renumbered from 23-25-9, as enacted by Laws of Utah 1992, Chapter
112     260)
113          23A-2-509, (Renumbered from 23-25-10, as last amended by Laws of Utah 1993,

114     Chapter 4)
115          23A-2-510, (Renumbered from 23-25-11, as enacted by Laws of Utah 1992, Chapter
116     260)
117          23A-2-511, (Renumbered from 23-25-13, as enacted by Laws of Utah 1992, Chapter
118     260)
119          23A-3-201, (Renumbered from 23-14-13, as last amended by Laws of Utah 2015,
120     Chapter 30)
121          23A-3-202, (Renumbered from 23-14-14, as enacted by Laws of Utah 1971, Chapter
122     46)
123          23A-3-203, (Renumbered from 23-14-13.5, as enacted by Laws of Utah 2017, Chapter
124     383)
125          23A-3-204, (Renumbered from 23-14-14.2, as last amended by Laws of Utah 2022,
126     Chapter 68)
127          23A-3-205, (Renumbered from 23-13-20, as enacted by Laws of Utah 2022, Chapter
128     37)
129          23A-3-206, (Renumbered from 23-14-14.3, as enacted by Laws of Utah 2022, Chapter
130     53)
131          23A-3-207, (Renumbered from 23-19-43, as last amended by Laws of Utah 2000,
132     Chapter 195)
133          23A-3-208, (Renumbered from 23-19-47, as last amended by Laws of Utah 2007,
134     Chapter 187)
135          23A-3-209, (Renumbered from 23-19-48, as enacted by Laws of Utah 2012, Chapter
136     142)
137          23A-3-210, (Renumbered from 23-15-14, as last amended by Laws of Utah 2001,
138     Chapter 22)
139          23A-3-211, (Renumbered from 23-27-305, as enacted by Laws of Utah 2020, Chapter
140     195)
141          23A-3-212, (Renumbered from 23-30-103, as enacted by Laws of Utah 2012, Chapter

142     143)
143          23A-3-213, (Renumbered from 23-19-17.7, as enacted by Laws of Utah 1984, Chapter
144     30)
145          23A-3-301, (Renumbered from 23-31-102, as enacted by Laws of Utah 2020, Chapter
146     190)
147          23A-3-302, (Renumbered from 23-31-103, as enacted by Laws of Utah 2020, Chapter
148     190)
149          23A-3-303, (Renumbered from 23-31-104, as enacted by Laws of Utah 2020, Chapter
150     190)
151          23A-3-304, (Renumbered from 23-31-201, as enacted by Laws of Utah 2020, Chapter
152     190)
153          23A-3-305, (Renumbered from 23-31-202, as enacted by Laws of Utah 2020, Chapter
154     190)
155          23A-3-306, (Renumbered from 23-31-203, as enacted by Laws of Utah 2020, Chapter
156     190)
157          23A-4-201, (Renumbered from 23-19-1, as last amended by Laws of Utah 2017,
158     Chapter 104)
159          23A-4-202, (Renumbered from 23-19-2, as last amended by Laws of Utah 2019,
160     Chapter 125)
161          23A-4-203, (Renumbered from 23-19-3, as last amended by Laws of Utah 1995,
162     Chapter 211)
163          23A-4-204, (Renumbered from 23-19-4, as last amended by Laws of Utah 2007,
164     Chapter 136)
165          23A-4-205, (Renumbered from 23-19-7, as last amended by Laws of Utah 2014,
166     Chapter 21)
167          23A-4-206, (Renumbered from 23-19-8, as last amended by Laws of Utah 2019,
168     Chapter 125)
169          23A-4-207, (Renumbered from 23-19-38, as last amended by Laws of Utah 2019,

170     Chapter 349)
171          23A-4-208, (Renumbered from 23-19-10, as last amended by Laws of Utah 2005,
172     Chapter 117)
173          23A-4-209, (Renumbered from 23-19-42, as last amended by Laws of Utah 2013,
174     Chapter 295)
175          23A-4-210, (Renumbered from 23-19-45, as enacted by Laws of Utah 1997, Chapter
176     179)
177          23A-4-301, (Renumbered from 23-19-38.2, as last amended by Laws of Utah 2011,
178     Chapter 297)
179          23A-4-302, (Renumbered from 23-19-38.3, as last amended by Laws of Utah 2019,
180     Chapter 135)
181          23A-4-303, (Renumbered from 23-19-14, as last amended by Laws of Utah 2018,
182     Chapter 39)
183          23A-4-304, (Renumbered from 23-19-14.5, as last amended by Laws of Utah 2015,
184     Chapter 25)
185          23A-4-305, (Renumbered from 23-19-36, as last amended by Laws of Utah 2019,
186     Chapter 349)
187          23A-4-306, (Renumbered from 23-19-39, as last amended by Laws of Utah 1999,
188     Chapter 128)
189          23A-4-401, (Renumbered from 23-19-17, as last amended by Laws of Utah 2007,
190     Chapter 187)
191          23A-4-402, (Renumbered from 23-19-17.5, as last amended by Laws of Utah 2017,
192     Chapter 46)
193          23A-4-501, (Renumbered from 23-19-15, as last amended by Laws of Utah 2017,
194     Chapter 46)
195          23A-4-503, (Renumbered from 23-19-16, as last amended by Laws of Utah 2000,
196     Chapter 195)
197          23A-4-601, (Renumbered from 23-19-21, as last amended by Laws of Utah 2014,

198     Chapter 21)
199          23A-4-602, (Renumbered from 23-19-35, as last amended by Laws of Utah 1980,
200     Chapter 28)
201          23A-4-701, (Renumbered from 23-19-14.6, as last amended by Laws of Utah 2016,
202     Chapter 258)
203          23A-4-702, (Renumbered from 23-19-49, as enacted by Laws of Utah 2022, Chapter
204     102)
205          23A-4-703, (Renumbered from 23-19-22, as last amended by Laws of Utah 2016,
206     Chapter 258)
207          23A-4-704, (Renumbered from 23-19-22.5, as last amended by Laws of Utah 2007,
208     Chapter 187)
209          23A-4-705, (Renumbered from 23-19-22.6, as last amended by Laws of Utah 2007,
210     Chapter 187)
211          23A-4-706, (Renumbered from 23-19-24, as last amended by Laws of Utah 2007,
212     Chapter 187)
213          23A-4-707, (Renumbered from 23-19-26, as last amended by Laws of Utah 2007,
214     Chapter 187)
215          23A-4-708, (Renumbered from 23-20-20, as last amended by Laws of Utah 2011,
216     Chapter 297)
217          23A-4-709, (Renumbered from 23-20-30, as last amended by Laws of Utah 2020,
218     Chapter 135)
219          23A-4-801, (Renumbered from 23-19-34.5, as last amended by Laws of Utah 2010,
220     Chapter 256)
221          23A-4-802, (Renumbered from 23-19-34.7, as last amended by Laws of Utah 2010,
222     Chapter 256)
223          23A-4-901, (Renumbered from 23-19-27, as last amended by Laws of Utah 2001,
224     Chapter 22)
225          23A-4-902, (Renumbered from 23-19-31, as last amended by Laws of Utah 1980,

226     Chapter 28)
227          23A-4-903, (Renumbered from 23-19-32, as last amended by Laws of Utah 1980,
228     Chapter 28)
229          23A-4-904, (Renumbered from 23-19-33, as last amended by Laws of Utah 1980,
230     Chapter 28)
231          23A-4-905, (Renumbered from 23-18-5, as last amended by Laws of Utah 2011,
232     Chapter 297)
233          23A-4-1001, (Renumbered from 23-19-11, as last amended by Laws of Utah 2022,
234     Chapter 57)
235          23A-4-1002, (Renumbered from 23-19-11.1, as last amended by Laws of Utah 2017,
236     Chapter 46)
237          23A-4-1003, (Renumbered from 23-19-12, as last amended by Laws of Utah 2022,
238     Chapter 57)
239          23A-4-1004, (Renumbered from 23-19-12.7, as enacted by Laws of Utah 1998, Chapter
240     166)
241          23A-4-1005, (Renumbered from 23-19-11.5, as last amended by Laws of Utah 2017,
242     Chapter 46)
243          23A-4-1006, (Renumbered from 23-19-12.5, as enacted by Laws of Utah 1995, Chapter
244     120)
245          23A-4-1007, (Renumbered from 23-19-13, as last amended by Laws of Utah 1995,
246     Chapter 120)
247          23A-4-1101, (Renumbered from 23-19-5, as last amended by Laws of Utah 2007,
248     Chapter 136)
249          23A-4-1102, (Renumbered from 23-19-5.5, as last amended by Laws of Utah 2022,
250     Chapter 58)
251          23A-4-1103, (Renumbered from 23-19-6, as last amended by Laws of Utah 1979,
252     Chapter 90)
253          23A-4-1106, (Renumbered from 23-19-9, as last amended by Laws of Utah 2021,

254     Chapter 57)
255          23A-4-1108, (Renumbered from 23-19-9.1, as enacted by Laws of Utah 1997, Chapter
256     232)
257          23A-4-1109, (Renumbered from 23-19-9.5, as last amended by Laws of Utah 1995,
258     Chapter 211)
259          23A-5-201, (Renumbered from 23-20-1, as last amended by Laws of Utah 2013,
260     Chapter 394)
261          23A-5-202, (Renumbered from 23-20-1.5, as last amended by Laws of Utah 1998,
262     Chapter 282)
263          23A-5-203, (Renumbered from 23-20-2, as enacted by Laws of Utah 1971, Chapter 46)
264          23A-5-204, (Renumbered from 23-20-10, as last amended by Laws of Utah 2019,
265     Chapter 125)
266          23A-5-205, (Renumbered from 23-20-16, as last amended by Laws of Utah 1998,
267     Chapter 282)
268          23A-5-206, (Renumbered from 23-20-28, as last amended by Laws of Utah 2011,
269     Chapter 297)
270          23A-5-207, (Renumbered from 23-20-25, as last amended by Laws of Utah 1994,
271     Chapter 208)
272          23A-5-301, (Renumbered from 23-13-11, as last amended by Laws of Utah 2009,
273     Chapter 347)
274          23A-5-302, (Renumbered from 23-13-4, as enacted by Laws of Utah 1971, Chapter 46)
275          23A-5-303, (Renumbered from 23-13-5, as last amended by Laws of Utah 1973,
276     Chapter 33)
277          23A-5-304, (Renumbered from 23-13-13, as last amended by Laws of Utah 1975,
278     Chapter 60)
279          23A-5-305, (Renumbered from 23-13-14, as last amended by Laws of Utah 2017,
280     Chapter 129)
281          23A-5-307, (Renumbered from 23-13-18, as last amended by Laws of Utah 2021,

282     Chapter 177)
283          23A-5-308, (Renumbered from 23-13-19, as last amended by Laws of Utah 2017,
284     Chapter 345)
285          23A-5-309, (Renumbered from 23-20-3, as last amended by Laws of Utah 2009,
286     Chapter 347)
287          23A-5-310, (Renumbered from 23-20-3.5, as enacted by Laws of Utah 2000, Chapter 5)
288          23A-5-311, (Renumbered from 23-20-4, as last amended by Laws of Utah 2009,
289     Chapter 250)
290          23A-5-312, (Renumbered from 23-20-4.5, as last amended by Laws of Utah 2009,
291     Chapter 250)
292          23A-5-313, (Renumbered from 23-20-4.7, as enacted by Laws of Utah 2010, Chapter
293     52)
294          23A-5-314, (Renumbered from 23-20-8, as last amended by Laws of Utah 2013,
295     Chapter 282)
296          23A-5-315, (Renumbered from 23-20-12, as last amended by Laws of Utah 2011,
297     Chapter 366)
298          23A-5-316, (Renumbered from 23-20-13, as last amended by Laws of Utah 1995,
299     Chapters 23 and 211)
300          23A-5-317, (Renumbered from 23-20-14, as last amended by Laws of Utah 2022,
301     Chapter 87)
302          23A-5-318, (Renumbered from 23-20-15, as enacted by Laws of Utah 1971, Chapter
303     46)
304          23A-5-319, (Renumbered from 23-20-18, as last amended by Laws of Utah 1975,
305     Chapter 60)
306          23A-5-320, (Renumbered from 23-20-19, as last amended by Laws of Utah 1975,
307     Chapter 60)
308          23A-5-321, (Renumbered from 23-20-29, as last amended by Laws of Utah 2011,
309     Chapter 297)

310          23A-5-322, (Renumbered from 23-20-29.5, as enacted by Laws of Utah 1994, Chapter
311     87)
312          23A-6-101, (Renumbered from 23-21-.5, as last amended by Laws of Utah 2019,
313     Chapter 141)
314          23A-6-201, (Renumbered from 23-21-1, as enacted by Laws of Utah 1971, Chapter 46)
315          23A-6-202, (Renumbered from 23-21-1.5, as last amended by Laws of Utah 2009,
316     Chapter 388)
317          23A-6-203, (Renumbered from 23-21-2, as last amended by Laws of Utah 2011,
318     Chapter 297)
319          23A-6-204, (Renumbered from 23-21-6, as last amended by Laws of Utah 1993,
320     Chapter 227)
321          23A-6-301, (Renumbered from 23-21-2.1, as enacted by Laws of Utah 1998, Chapter
322     218)
323          23A-6-302, (Renumbered from 23-21-2.2, as enacted by Laws of Utah 1998, Chapter
324     218)
325          23A-6-303, (Renumbered from 23-21-2.3, as last amended by Laws of Utah 2021,
326     Chapter 382)
327          23A-6-304, (Renumbered from 23-21-2.4, as enacted by Laws of Utah 1998, Chapter
328     218)
329          23A-6-305, (Renumbered from 23-21-2.5, as enacted by Laws of Utah 1998, Chapter
330     218)
331          23A-6-401, (Renumbered from 23-21-2.6, as enacted by Laws of Utah 2022, Chapter
332     52)
333          23A-6-402, (Renumbered from 23-21-4, as last amended by Laws of Utah 2000,
334     Chapter 156)
335          23A-6-403, (Renumbered from 23-21-5, as last amended by Laws of Utah 2019,
336     Chapter 141)
337          23A-6-404, (Renumbered from 23-21-7, as enacted by Laws of Utah 2009, Chapter

338     347)
339          23A-7-101, (Renumbered from 23-23-2, as last amended by Laws of Utah 2005,
340     Chapter 112)
341          23A-7-102, (Renumbered from 23-23-3, as last amended by Laws of Utah 2005,
342     Chapter 112)
343          23A-7-103, (Renumbered from 23-23-1, as last amended by Laws of Utah 1997,
344     Chapter 258)
345          23A-7-201, (Renumbered from 23-23-4, as last amended by Laws of Utah 1997,
346     Chapter 258)
347          23A-7-202, (Renumbered from 23-23-5, as last amended by Laws of Utah 1997,
348     Chapter 258)
349          23A-7-203, (Renumbered from 23-23-6, as repealed and reenacted by Laws of Utah
350     1997, Chapter 258)
351          23A-7-204, (Renumbered from 23-23-7, as last amended by Laws of Utah 2005,
352     Chapter 112)
353          23A-7-205, (Renumbered from 23-23-7.5, as enacted by Laws of Utah 1997, Chapter
354     258)
355          23A-7-206, (Renumbered from 23-23-8, as last amended by Laws of Utah 1997,
356     Chapter 258)
357          23A-7-207, (Renumbered from 23-23-9, as last amended by Laws of Utah 1997,
358     Chapter 258)
359          23A-7-208, (Renumbered from 23-23-10, as last amended by Laws of Utah 2000,
360     Chapter 44)
361          23A-7-209, (Renumbered from 23-23-11, as last amended by Laws of Utah 2011,
362     Chapter 297)
363          23A-7-210, (Renumbered from 23-23-12, as enacted by Laws of Utah 1988, Chapter
364     158)
365          23A-7-211, (Renumbered from 23-23-13, as enacted by Laws of Utah 1988, Chapter

366     158)
367          23A-7-212, (Renumbered from 23-23-14, as last amended by Laws of Utah 2013,
368     Chapter 212)
369          23A-8-201, (Renumbered from 23-24-1, as last amended by Laws of Utah 2017,
370     Chapter 345)
371          23A-8-202, (Renumbered from 23-24-2, as enacted by Laws of Utah 2020, Chapter
372     100)
373          23A-8-203, (Renumbered from 23-18-4, as enacted by Laws of Utah 1971, Chapter 46)
374          23A-8-301, (Renumbered from 23-17-4, as last amended by Laws of Utah 2011,
375     Chapter 297)
376          23A-8-302, (Renumbered from 23-17-5.1, as enacted by Laws of Utah 2013, Chapter
377     375)
378          23A-8-401, (Renumbered from 23-16-2, as enacted by Laws of Utah 1971, Chapter 46)
379          23A-8-402, (Renumbered from 23-16-3, as last amended by Laws of Utah 2022,
380     Chapter 45)
381          23A-8-403, (Renumbered from 23-16-3.1, as last amended by Laws of Utah 2022,
382     Chapter 45)
383          23A-8-404, (Renumbered from 23-16-3.2, as last amended by Laws of Utah 2022,
384     Chapter 45)
385          23A-8-405, (Renumbered from 23-16-4, as last amended by Laws of Utah 2022,
386     Chapter 45)
387          23A-9-201, (Renumbered from 23-15-4, as last amended by Laws of Utah 2018,
388     Chapter 148)
389          23A-9-202, (Renumbered from 23-15-5, as enacted by Laws of Utah 1971, Chapter 46)
390          23A-9-203, (Renumbered from 23-15-10, as last amended by Laws of Utah 2017,
391     Chapter 412)
392          23A-9-204, (Renumbered from 23-15-13, as last amended by Laws of Utah 1997,
393     Chapter 82)

394          23A-9-301, (Renumbered from 23-15-3, as last amended by Laws of Utah 1983,
395     Chapter 347)
396          23A-9-302, (Renumbered from 23-15-6, as enacted by Laws of Utah 1971, Chapter 46)
397          23A-9-303, (Renumbered from 23-15-7, as enacted by Laws of Utah 1971, Chapter 46)
398          23A-9-304, (Renumbered from 23-15-8, as last amended by Laws of Utah 1994,
399     Chapter 153)
400          23A-9-305, (Renumbered from 23-15-9, as last amended by Laws of Utah 2011,
401     Chapter 297)
402          23A-10-101, (Renumbered from 23-27-102, as last amended by Laws of Utah 2020,
403     Chapter 195)
404          23A-10-201, (Renumbered from 23-27-201, as last amended by Laws of Utah 2014,
405     Chapter 274)
406          23A-10-202, (Renumbered from 23-27-202, as enacted by Laws of Utah 2008, Chapter
407     284)
408          23A-10-301, (Renumbered from 23-27-301, as last amended by Laws of Utah 2020,
409     Chapter 195)
410          23A-10-302, (Renumbered from 23-27-302, as enacted by Laws of Utah 2008, Chapter
411     284)
412          23A-10-303, (Renumbered from 23-27-303, as enacted by Laws of Utah 2008, Chapter
413     284)
414          23A-10-304, (Renumbered from 23-27-304, as enacted by Laws of Utah 2020, Chapter
415     195)
416          23A-10-305, (Renumbered from 23-27-306, as enacted by Laws of Utah 2020, Chapter
417     195)
418          23A-10-401, (Renumbered from 23-27-401, as enacted by Laws of Utah 2008, Chapter
419     284)
420          23A-10-501, (Renumbered from 23-27-501, as enacted by Laws of Utah 2021, Chapter
421     248)

422          23A-11-101, (Renumbered from 23-16-1.1, as last amended by Laws of Utah 2022,
423     Chapter 45)
424          23A-11-201, (Renumbered from 23-16-5, as last amended by Laws of Utah 2022,
425     Chapter 294)
426          23A-11-202, (Renumbered from 23-16-6, as last amended by Laws of Utah 2008,
427     Chapter 239)
428          23A-11-203, (Renumbered from 23-16-11, as enacted by Laws of Utah 2021, Chapter
429     177)
430          23A-11-204, (Renumbered from 23-20-33, as enacted by Laws of Utah 2022, Chapter
431     45)
432          23A-11-205, (Renumbered from 23-20-31, as last amended by Laws of Utah 2011,
433     Chapter 297)
434          23A-11-301, (Renumbered from 23-16-7, as last amended by Laws of Utah 1995,
435     Chapter 211)
436          23A-11-302, (Renumbered from 23-16-10, as enacted by Laws of Utah 2020, Chapter
437     15)
438          23A-11-401, (Renumbered from 23-30-102, as enacted by Laws of Utah 2012, Chapter
439     143)
440          23A-11-402, (Renumbered from 23-30-104, as enacted by Laws of Utah 2012, Chapter
441     143)
442          23A-12-201, (Renumbered from 23-17-5.2, as enacted by Laws of Utah 2013, Chapter
443     375)
444          23A-12-202, (Renumbered from 23-17-6, as last amended by Laws of Utah 2015,
445     Chapter 200)
446          23A-12-203, (Renumbered from 23-17-7, as enacted by Laws of Utah 1971, Chapter
447     46)
448          23A-12-204, (Renumbered from 23-17-8, as last amended by Laws of Utah 2011,
449     Chapter 297)

450          23A-12-205, (Renumbered from 23-17-9, as enacted by Laws of Utah 1971, Chapter
451     46)
452          23A-12-301, (Renumbered from 23-32-102, as enacted by Laws of Utah 2021, Chapter
453     177)
454          23A-12-302, (Renumbered from 23-32-103, as enacted by Laws of Utah 2021, Chapter
455     177)
456          23A-12-303, (Renumbered from 23-32-104, as enacted by Laws of Utah 2021, Chapter
457     177)
458          23A-13-101, (Renumbered from 23-28-102, as enacted by Laws of Utah 2009, Chapter
459     273)
460          23A-13-201, (Renumbered from 23-28-201, as last amended by Laws of Utah 2021,
461     Chapter 41)
462          23A-13-202, (Renumbered from 23-28-202, as last amended by Laws of Utah 2021,
463     Chapter 41)
464          23A-13-301, (Renumbered from 23-28-301, as enacted by Laws of Utah 2009, Chapter
465     273)
466          23A-13-302, (Renumbered from 23-28-302, as last amended by Laws of Utah 2021,
467     Chapter 41)
468          23A-13-303, (Renumbered from 23-28-303, as last amended by Laws of Utah 2019,
469     Chapter 81)
470          23A-13-304, (Renumbered from 23-28-304, as enacted by Laws of Utah 2009, Chapter
471     273)
472          23A-13-305, (Renumbered from 23-28-305, as enacted by Laws of Utah 2009, Chapter
473     273)
474          23A-14-201, (Renumbered from 23-18-2, as last amended by Laws of Utah 1986,
475     Chapter 76)
476          23A-14-202, (Renumbered from 23-18-3, as enacted by Laws of Utah 1971, Chapter
477     46)

478          23A-14-203, (Renumbered from 23-18-6, as enacted by Laws of Utah 1993, Chapter
479     264)
480          23A-15-101, (Renumbered from 23-29-102, as enacted by Laws of Utah 2010, Chapter
481     20)
482          23A-15-102, (Renumbered from 23-29-103, as enacted by Laws of Utah 2010, Chapter
483     20)
484          23A-15-201, (Renumbered from 23-29-201, as enacted by Laws of Utah 2010, Chapter
485     20)
486          23A-15-202, (Renumbered from 23-29-202, as enacted by Laws of Utah 2010, Chapter
487     20)
488     REPEALS:
489          23-13-1, as last amended by Laws of Utah 2007, Chapter 306
490          23-13-16, as enacted by Laws of Utah 1992, Chapter 261
491          23-14-2.1, as last amended by Laws of Utah 2008, Chapter 382
492          23-14-11, as last amended by Laws of Utah 1984, Chapter 67
493          23-14-16, as last amended by Laws of Utah 1992, Chapter 30
494          23-17-5, as enacted by Laws of Utah 1971, Chapter 46
495          23-20-23, as enacted by Laws of Utah 1971, Chapter 46
496          23-21a-1, as enacted by Laws of Utah 1977, Chapter 103
497          23-21a-2, as enacted by Laws of Utah 1977, Chapter 103
498          23-21a-3, as enacted by Laws of Utah 1977, Chapter 103
499          23-21a-4, as enacted by Laws of Utah 1977, Chapter 103
500          23-21a-5, as enacted by Laws of Utah 1977, Chapter 103
501          23-21a-6, as enacted by Laws of Utah 1977, Chapter 103
502          23-25-1, as enacted by Laws of Utah 1992, Chapter 260
503          23-25-12, as enacted by Laws of Utah 1992, Chapter 260
504          23-27-101, as enacted by Laws of Utah 2008, Chapter 284
505          23-28-101, as enacted by Laws of Utah 2009, Chapter 273

506          23-29-101, as enacted by Laws of Utah 2010, Chapter 20
507          23-30-101, as enacted by Laws of Utah 2012, Chapter 143
508          23-31-101, as enacted by Laws of Utah 2020, Chapter 190
509          23-32-101, as enacted by Laws of Utah 2021, Chapter 177
510     

511     Be it enacted by the Legislature of the state of Utah:
512          Section 1. Section 23A-1-101, which is renumbered from Section 23-13-2 is
513     renumbered and amended to read:
514     
TITLE 23A. WILDLIFE RESOURCES ACT

515     
CHAPTER 1. GENERAL PROVISIONS

516     
Part 1. General Provisions

517          [23-13-2].      23A-1-101. Definitions.
518          As used in this title:
519          (1) "Activity regulated under this title" means an act, attempted act, or activity
520     prohibited or regulated under this title or the rules[,] and proclamations promulgated under this
521     title pertaining to protected wildlife including:
522          (a) fishing;
523          (b) hunting;
524          (c) trapping;
525          (d) taking;
526          (e) permitting [any] a dog, falcon, or other domesticated animal to take;
527          (f) transporting;
528          (g) possessing;
529          (h) selling;
530          (i) wasting;
531          (j) importing;
532          (k) exporting;
533          (l) rearing;

534          (m) keeping;
535          (n) using as a commercial venture; and
536          (o) releasing to the wild.
537          (2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
538          (3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
539          (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
540     amphibians.
541          (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
542     that one person may legally take during one day.
543          (6) "Big game" means species of hoofed protected wildlife.
544          (7) "Carcass" means the dead body of an animal or [its] the animal's parts.
545          (8) "Certificate of registration" means a paper-based or electronic document issued
546     under this title, or [any] a rule or proclamation of the Wildlife Board granting authority to
547     engage in activities not covered by a license, permit, or tag.
548          (9) "Closed season" means the period of time during which the taking of protected
549     wildlife is prohibited.
550          (10) "Conservation officer" means a full-time, permanent employee of the [Division of
551     Wildlife Resources] division who is POST certified as a peace or a special function officer.
552          (11) "Dedicated hunter program" means a program that provides:
553          (a) expanded hunting opportunities;
554          (b) opportunities to participate in projects that are beneficial to wildlife; and
555          (c) education in hunter ethics and wildlife management principles.
556          (12) "Department" means the Department of Natural Resources.
557          (13) "Director" means the director of the division appointed under Section 23A-2-202.
558          [(12)] (14) "Division" means the Division of Wildlife Resources.
559          [(13) (a) "Domicile"] (15) Subject to Section 23A-1-103, "domicile" means the place:
560          [(i)] (a) where an individual has a fixed permanent home and principal establishment;
561          [(ii)] (b) to which the individual if absent, intends to return; and

562          [(iii)] (c) in which the individual, and the individual's family voluntarily reside, not for
563     a special or temporary purpose, but with the intention of making a permanent home.
564          [(b) To create a new domicile an individual shall:]
565          [(i) abandon the old domicile; and]
566          [(ii) be able to prove that a new domicile has been established.]
567          [(14)] (16) "Endangered" means wildlife designated as endangered according to
568     Section 3 of the federal Endangered Species Act of 1973.
569          (17) "Executive director" means the executive director of the Department of Natural
570     Resources.
571          [(15)] (18) "Fee fishing facility" means the same as that term is defined in Section
572     4-37-103.
573          [(16)] (19) "Feral" means an animal that is normally domesticated but has reverted to
574     the wild.
575          [(17)] (20) "Fishing" means to take fish or crayfish by any means.
576          [(18)] (21) "Furbearer" means species of the Bassariscidae, Canidae, Felidae,
577     Mustelidae, and Castoridae families, except coyote and cougar.
578          [(19)] (22) "Game" means wildlife normally pursued, caught, or taken by sporting
579     means for human use.
580          [(20) "Guide" means a person who receives compensation or advertises services for
581     assisting another person to take protected wildlife, including the provision of food, shelter, or
582     transportation, or any combination of these.]
583          [(21) "Guide's agent" means a person who is employed by a guide to assist another
584     person to take protected wildlife.]
585          [(22)] (23) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by
586     any means.
587          (24) "Hunting guide" means the same as that term is defined in Section 58-79-102.
588          [(23)] (25) "Intimidate or harass" means to physically interfere with or impede, hinder,
589     or diminish the efforts of an officer in the performance of the officer's duty.

590          [(24)] (26) (a) "Natural flowing stream" means a topographic low where water collects
591     and perennially or intermittently flows with a perceptible current in a channel formed
592     exclusively by forces of nature.
593          (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
594          (i) realigned or modified channel that replaces the historic, natural flowing stream
595     channel; and
596          (ii) dredged natural flowing stream channel.
597          (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
598     other water delivery system that diverts and conveys water to an approved place of use
599     pursuant to a certificated water right.
600          [(25)] (27) (a) "Natural lake" means a perennial or intermittent body of water that
601     collects on the surface of the earth exclusively through the forces of nature and without human
602     assistance.
603          (b) "Natural lake" does not mean a lake where [all] the surface water sources supplying
604     the body of water originate from groundwater springs no more than 100 yards upstream.
605          (28) "Nominating committee" means the Wildlife Board Nominating Committee
606     created in Section 23A-2-302.
607          [(26)] (29) "Nonresident" means a person who does not qualify as a resident.
608          [(27)] (30) "Open season" means the period of time during which protected wildlife
609     may be legally taken.
610          (31) "Outfitter" means the same as that term is defined in Section 58-79-102.
611          [(28)] (32) "Pecuniary gain" means the acquisition of money or something of monetary
612     value.
613          [(29)] (33) "Permit" means a paper-based or electronic document[, including a stamp,]
614     that grants authority to engage in specified activities under this title or a rule or proclamation of
615     the Wildlife Board.
616          [(30)] (34) "Person" means an individual, association, partnership, government agency,
617     corporation, or an agent of the [foregoing] individual, association, partnership, government

618     agency, or corporation.
619          (35) "Pollute water" means to introduce into waters within the state matter or thermal
620     energy that:
621          (a) exceeds state water quality standards; or
622          (b) could harm protected wildlife.
623          [(31)] (36) "Possession" means actual or constructive possession.
624          [(32)] (37) "Possession limit" means the number of bag limits one individual may
625     legally possess.
626          [(33)] (38) (a) "Private fish pond" means a pond, reservoir, or other body of water,
627     including a fish culture system, located on privately owned land where privately owned fish:
628          (i) are propagated or kept for a private noncommercial purpose; and
629          (ii) may be taken without a fishing license.
630          (b) "Private fish pond" does not include:
631          (i) an aquaculture facility[,];
632          (ii) a fee fishing facility[,];
633          (iii) a short-term fishing event[,]; or
634          (iv) private stocking.
635          [(34) (a)] (39) "Private stocking" means an authorized release of privately owned, live
636     fish in the waters of the state not eligible as:
637          (a) a private fish pond under Section [23-15-10] 23A-9-203; or
638          (b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
639     Act.
640          [(b) Fish released under private stocking become the property of the state and subject
641     to the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
642     Board.]
643          [(35)] (40) "Private wildlife farm" means an enclosed place where privately owned
644     birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
645          (a) commingling with wild birds or furbearers; and

646          (b) escaping into the wild.
647          [(36)] (41) "Proclamation" means the publication that is:
648          (a) used to convey a statute, rule, policy, or pertinent information [as it relates] related
649     to wildlife[.]; and
650          (b) issued in accordance with a rule made by the Wildlife Board under this title.
651          [(37)] (42) (a) "Protected aquatic wildlife" means aquatic wildlife [as defined in
652     Subsection (3),] except as provided in Subsection [(37)] (42)(b).
653          (b) "Protected aquatic wildlife" does not include aquatic insects.
654          [(38)] (43) (a) "Protected wildlife" means wildlife [as defined in Subsection (54)],
655     except as provided in Subsection [(38)] (43)(b).
656          (b) "Protected wildlife" does not include:
657          (i) coyote[,];
658          (ii) field mouse[,];
659          (iii) gopher[,];
660          (iv) ground squirrel[,];
661          (v) jack rabbit[,];
662          (vi) muskrat[, and]; or
663          (vii) raccoon.
664          (44) "Regional advisory council" means a council created under Section 23A-2-303.
665          [(39)] (45) "Released to the wild" means to be turned loose from confinement.
666          [(40)] (46) (a) "Reservoir constructed on a natural stream channel" means a body of
667     water collected and stored on the course of a natural flowing stream by impounding the stream
668     through excavation or diking.
669          (b) "Reservoir constructed on a natural stream channel" does not mean an
670     impoundment on a natural flowing stream where all surface water sources supplying the
671     impoundment originate from groundwater springs no more than 100 yards upstream.
672          [(41) (a) "Resident"] (47) Subject to Section 23A-1-103, "resident" means a person
673     who:

674          [(i)] (a) has been domiciled in the state for six consecutive months immediately
675     preceding the purchase of a license; and
676          [(ii)] (b) does not claim residency for hunting, fishing, or trapping in [any other]
677     another state or country.
678          [(b) A Utah resident retains Utah residency if that person leaves this state:]
679          [(i) to serve in the armed forces of the United States or for religious or educational
680     purposes; and]
681          [(ii) the person complies with Subsection (41)(a)(ii).]
682          [(c) (i) A member of the armed forces of the United States and dependents are residents
683     for the purposes of this chapter as of the date the member reports for duty under assigned
684     orders in the state if the member:]
685          [(A) is not on temporary duty in this state; and]
686          [(B) complies with Subsection (41)(a)(ii).]
687          [(ii) A copy of the assignment orders shall be presented to a wildlife division office to
688     verify the member's qualification as a resident.]
689          [(d) A nonresident attending an institution of higher learning in this state as a full-time
690     student may qualify as a resident for purposes of this chapter if the student:]
691          [(i) has been present in this state for 60 consecutive days immediately preceding the
692     purchase of the license; and]
693          [(ii) complies with Subsection (41)(a)(ii).]
694          [(e) A Utah resident license is invalid if a resident license for hunting, fishing, or
695     trapping is purchased in any other state or country.]
696          [(f) An absentee landowner paying property tax on land in Utah does not qualify as a
697     resident.]
698          [(42)] (48) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the
699     act of selling, bartering, exchanging, or trading.
700          [(43) (a) ] (49) "Short-term fishing event" means an event when:
701          (a) privately acquired fish are held or confined for a period not to exceed 10 days for

702     the purpose of providing fishing or recreational opportunity; and [where]
703          (b) no fee is charged as a requirement to fish.
704          [(b) A fishing license is not required to take fish at a short-term fishing event.]
705          [(44)] (50) "Small game" means species of protected wildlife:
706          (a) commonly pursued for sporting purposes;
707          (b) not classified as big game, aquatic wildlife, or furbearers; and
708          (c) excluding turkey, cougar, and bear.
709          [(45)] (51) "Spoiled" means impairment of the flesh of wildlife that renders the flesh
710     unfit for human consumption.
711          [(46)] (52) "Spotlighting" means throwing or casting the rays of [any] a spotlight,
712     headlight, or other artificial light on [any] a highway or in [any] a field, woodland, or forest
713     while having in possession a weapon by which protected wildlife may be killed.
714          [(47)] (53) "Tag" means a card, label, or other paper-based or electronic means of
715     identification used to document harvest of protected wildlife.
716          [(48)] (54) "Take" means to:
717          (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill [any]
718     protected wildlife; or
719          (b) attempt [any] an action referred to in Subsection [(48)] (54)(a).
720          [(49)] (55) "Threatened" means wildlife designated as [such] threatened pursuant to
721     Section 3 of the federal Endangered Species Act of 1973.
722          [(50)] (56) "Trapping" means taking protected wildlife with a trapping device.
723          [(51)] (57) "Trophy animal" means an animal described as follows:
724          (a) deer - a buck with an outside antler measurement of 24 inches or greater;
725          (b) elk - a bull with six points on at least one side;
726          (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
727          (d) moose - a bull with at least one antler exceeding five inches in length;
728          (e) mountain goat - a male or female;
729          (f) pronghorn antelope - a buck with horns exceeding 14 inches; or

730          (g) bison - a bull.
731          (58) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning
732     dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
733          [(52)] (59) "Waste" means to:
734          (a) abandon protected wildlife [or to]; or
735          (b) allow protected wildlife to spoil or to be used in a manner not normally associated
736     with the protected wildlife's beneficial use.
737          [(53) "Water pollution" means the introduction of matter or thermal energy to waters
738     within this state that:]
739          [(a) exceeds state water quality standards; or]
740          [(b) could be harmful to protected wildlife.]
741          [(54)] (60) "Wildlife" means:
742          (a) crustaceans, including brine shrimp and crayfish;
743          (b) mollusks; and
744          (c) vertebrate animals living in nature, except feral animals.
745          (61) "Wildlife Board" means the board created in Section 23A-2-301.
746          Section 2. Section 23A-1-102, which is renumbered from Section 23-13-3 is
747     renumbered and amended to read:
748          [23-13-3].      23A-1-102. Wildlife declared property of the state.
749           [All wildlife] (1) Wildlife existing within this state, not held by private ownership and
750     legally acquired, is the property of the state.
751          (2) Fish released under private stocking become the property of the state and subject to
752     the fishing regulations set forth in this title or a rule or proclamation of the Wildlife Board.
753          Section 3. Section 23A-1-103 is enacted to read:
754          23A-1-103. Domicile or residency.
755          (1) To create a new domicile an individual shall:
756          (a) abandon the old domicile; and
757          (b) be able to prove that a new domicile has been established.

758          (2) A Utah resident retains Utah residency if that person leaves this state:
759          (a) to serve in the armed forces of the United States or for religious or educational
760     purposes; and
761          (b) the person complies with Subsection 23A-1-101(47)(b).
762          (3) (a) A member of the armed forces of the United States and dependents are residents
763     for the purposes of this title as of the date the member reports for duty under assigned orders in
764     the state if the member:
765          (i) is not on temporary duty in this state; and
766          (ii) complies with Subsection 23A-1-101(47)(b).
767          (b) A member shall present a copy of the assignment orders to a division office to
768     verify the member's qualification as a resident.
769          (4) A nonresident attending an institution of higher learning in this state as a full-time
770     student may qualify as a resident for purposes of this title if the student:
771          (a) has been present in this state for 60 consecutive days immediately preceding the
772     purchase of the license; and
773          (b) complies with Subsection 23A-1-101(47)(b).
774          (5) A Utah resident license is invalid if a resident license for hunting, fishing, or
775     trapping is purchased in another state or country.
776          (6) An absentee landowner paying property tax on land in Utah does not qualify as a
777     resident.
778          Section 4. Section 23A-1-201, which is renumbered from Section 23-13-8 is
779     renumbered and amended to read:
780     
Part 2. Miscellaneous

781          [23-13-8].      23A-1-201. Private wildlife farms.
782          (1) [Any] (a) Subject to the requirements of this section, a person may:
783          (i) establish and maintain a private wildlife [farms] farm for propagating, rearing, and
784     keeping furbearers or birds classified as protected wildlife [and may]; and
785          (ii) sell or dispose of wildlife reared upon [such farms] the private wildlife farm,

786     except that disposal may not include release to the wild without first securing written
787     permission from the Wildlife Board.
788          (b) Before establishing [such] a private wildlife farm, a person shall obtain written
789     authorization from the [Division of Wildlife Resources] division in accordance with rules
790     established by the Wildlife Board[. Any wildlife which] in accordance with Title 63G, Chapter
791     3, Utah Administrative Rulemaking Act.
792          (c) Wildlife that escapes from a private wildlife [farms] farm becomes the property of
793     the state.
794          (2) This section does not:
795          (a) apply to a private fur [farms] farm established and maintained for rearing
796     domesticated, privately owned mink or chinchilla [which] that were not acquired as wild
797     animals from [any] a state or country[, nor does it]; or
798          (b) provide for the propagating, rearing, and keeping of [any] a protected wildlife other
799     than [those] a wildlife specified in this section.
800          Section 5. Section 23A-1-202, which is renumbered from Section 23-13-12.5 is
801     renumbered and amended to read:
802          [23-13-12.5].      23A-1-202. Agreement with a tribe.
803          (1) As used in this section, "tribe" means a federally recognized:
804          (a) Indian tribe; or
805          (b) Indian band.
806          (2) (a) Subject to the requirements of this section, the governor may enter into an
807     agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
808     fishing, or trapping right claim that is:
809          (i) based on:
810          (A) a treaty;
811          (B) an aboriginal right; or
812          (C) other recognized federal right; and
813          (ii) on lands located within the state.

814          (b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
815     (2)(a) may not exempt [any] a person from the requirements of this title.
816          (c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
817     tribe that is a party to the agreement or a member of that tribe from:
818          (i) Section [23-16-5] 23A-11-201, placing a limit of one of any species of big game
819     during a license year;
820          (ii) Section [23-16-6] 23A-11-202, commencement date of the general deer season;
821          (iii) a hunter or furharvester education requirement under Chapter [19] 4, Licenses,
822     Permits, Certificates of Registration, and Tags;
823          (iv) an age restriction under Chapter [19] 4, Licenses, Permits, Certificates of
824     Registration, and Tags;
825          (v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
826     or permit;
827          (vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
828          (vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
829     not inconsistent with this title.
830          (d) An agreement permitted under Subsection (2)(a) shall:
831          (i) be in writing;
832          (ii) be signed by:
833          (A) the governor; and
834          (B) the governing body of the tribe that:
835          (I) is designated by the tribe; and
836          (II) may bind the tribe to the terms of the agreement;
837          (iii) be conditioned on obtaining any approval required by federal law;
838          (iv) state the effective date of the agreement;
839          (v) provide that the governor shall renegotiate the agreement if the agreement is or
840     becomes inconsistent with a state statute for which an exemption is not authorized under this
841     section; and

842          (vi) include any accommodation made by the tribe that:
843          (A) is agreed to by the tribe;
844          (B) is reasonably related to the agreement; and
845          (C) concerns the management and use of wildlife resources or habitat.
846          (e) [Prior to] Before executing an agreement under this Subsection (2), the governor
847     shall consult with:
848          (i) the division; and
849          (ii) the chair of the Wildlife Board [created in Section 23-14-2].
850          (f) At least 30 days before the agreement under this Subsection (2) is executed, the
851     governor or the governor's designee shall provide a copy of the agreement in the form that the
852     agreement will be executed to:
853          (i) the chairs of the Native American Legislative Liaison Committee; and
854          (ii) the Office of Legislative Research and General Counsel.
855          Section 6. Section 23A-1-203, which is renumbered from Section 23-13-15 is
856     renumbered and amended to read:
857          [23-13-15].      23A-1-203. Utah State Hunting and Fishing Day.
858          In recognition of the substantial and continued contribution by hunters and fishermen
859     toward the sound management of wildlife in Utah, the fourth Saturday of September of each
860     year is [hereby established] known as "Utah State Hunting and Fishing Day."
861          Section 7. Section 23A-1-204, which is renumbered from Section 23-13-17 is
862     renumbered and amended to read:
863          [23-13-17].      23A-1-204. Spotlighting of coyote, red fox, striped skunk, and
864     raccoon -- County ordinances -- Permits.
865          (1) For purposes of a county ordinance enacted pursuant to this section, "motor
866     vehicle" means the same as that term is defined in Section 41-6a-102.
867          [(1)] (2) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon
868     [where] when allowed by a county ordinance enacted pursuant to this section.
869          [(2)] (3) The ordinance shall provide that:

870          (a) [any] a hunter shall carry the artificial light used to spotlight coyote, red fox, striped
871     skunk, or raccoon [shall be carried by the hunter];
872          (b) a motor vehicle headlight or light attached to or powered by a motor vehicle may
873     not be used to spotlight the [animal] coyote, red fox, striped skunk, or raccoon; and
874          (c) while hunting with the use of an artificial light, the hunter may not occupy or
875     operate [any] a motor vehicle.
876          [(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
877     defined in Section 41-6a-102.]
878          (4) The ordinance may specify:
879          (a) the time of day and seasons when spotlighting is permitted;
880          (b) areas closed or open to spotlighting within the unincorporated area of the county;
881          (c) safety zones within which spotlighting is prohibited;
882          (d) the weapons permitted; and
883          (e) penalties for violation of the ordinance.
884          (5) (a) A county may restrict the number of hunters engaging in spotlighting by
885     requiring a permit to spotlight and issuing a limited number of permits.
886          (b) (i) A county may charge a fee [may be charged] for a spotlighting permit.
887          [(ii) Any permit fee shall be established by the county ordinance.]
888          (ii) A county ordinance shall establish the permit fee.
889          (iii) [Revenues] A county shall remit revenue generated by the permit fee [shall be
890     remitted to the Division of Wildlife Resources] to the division for deposit into the Wildlife
891     Resources Account, except the Wildlife Board may allow [any] a county that enacts an
892     ordinance pursuant to this section to retain a reasonable amount to pay for the costs of
893     administering and enforcing the ordinance[, provided this] if the use of the permit revenues
894     does not affect federal funds received by the state under Wildlife Restoration Act, 16 U.S.C.
895     Sec. 669 et seq., [Wildlife Restoration Act] and Sport Fish Restoration Act, 16 U.S.C. Sec. 777
896     et seq.[, Sport Fish Restoration Act.]
897          (6) A county may require [hunters] a hunter to notify the county sheriff of the time and

898     place [they] the hunter will be engaged in spotlighting.
899          (7) The requirement that a county enact an ordinance [shall be enacted] before a person
900     may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
901          (a) a person or the person's agent who is lawfully acting to protect the person's crops or
902     domestic animals from predation by those animals; or
903          (b) an animal damage control agent acting in the agent's official capacity under a
904     memorandum of agreement with the division.
905          Section 8. Section 23A-1-205, which is renumbered from Section 23-20-9 is
906     renumbered and amended to read:
907          [23-20-9].      23A-1-205. Donating protected wildlife.
908          (1) A person may only donate protected wildlife or [their] wildlife parts to another
909     person at:
910          (a) the residence of the donor;
911          (b) the residence of the person receiving protected wildlife or [their] the wildlife parts;
912          (c) a meat locker;
913          (d) a storage plant;
914          (e) a meat processing facility; or
915          (f) a location authorized by the Wildlife Board in rule, proclamation, or order.
916          (2) A written statement of donation shall be kept with the protected wildlife or parts
917     showing:
918          (a) the number and species of protected wildlife or parts donated;
919          (b) the date of donation;
920          (c) the license or permit number of the donor; and
921          (d) the signature of the donor.
922          (3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big
923     game animal to another person or organization at any place without a donation slip.
924          Section 9. Section 23A-2-101 is enacted to read:
925     
CHAPTER 2. ADMINISTRATION


926     
Part 1. General Provisions

927          23A-2-101. Definitions.
928          Reserved.
929          Section 10. Section 23A-2-102, which is renumbered from Section 23-14-3 is
930     renumbered and amended to read:
931          [23-14-3].      23A-2-102. Powers of division to determine facts -- Policymaking
932     powers of Wildlife Board.
933          (1) The [Division of Wildlife Resources] division may determine the facts relevant to
934     the wildlife resources of this state.
935          (2) (a) Upon a determination of [these] the facts, the Wildlife Board shall establish the
936     policies best designed to accomplish the purposes and fulfill the intent of [all] the laws
937     pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction,
938     and management of wildlife.
939          (b) In establishing policy, the Wildlife Board shall:
940          (i) recognize that wildlife and [its] the wildlife's habitat are an essential part of a
941     healthy, productive environment;
942          (ii) recognize the impact of wildlife on humans, human economic activities, private
943     property rights, and local economies;
944          (iii) seek to balance the habitat requirements of wildlife with the social and economic
945     activities of [man] humans;
946          (iv) recognize the social and economic values of wildlife, including fishing, hunting,
947     and other uses; and
948          (v) seek to maintain wildlife on a sustainable basis.
949          (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
950     councils established in Section [23-14-2.6] 23A-2-303.
951          (ii) If a regional advisory council recommends a position or action to the Wildlife
952     Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a
953     written explanation to the regional advisory council recommending the opposing position.

954          (3) [No] An authority conferred upon the Wildlife Board by this title [shall] may not
955     supersede the administrative authority of the executive director [of the Department of Natural
956     Resources] or the director [of the Division of Wildlife Resources].
957          Section 11. Section 23A-2-201, which is renumbered from Section 23-14-1 is
958     renumbered and amended to read:
959     
Part 2. Division and Director

960          [23-14-1].      23A-2-201. Division of Wildlife Resources -- Limits on authority of
961     political subdivisions -- Adjudicative proceedings -- Official seal.
962          (1) (a) There is created the Division of Wildlife Resources within the Department of
963     Natural Resources under the administration and general supervision of the executive director
964     [of the Department of Natural Resources].
965          (b) The [Division of Wildlife Resources] division is the wildlife authority for Utah and
966     is vested with the functions, powers, duties, rights, and responsibilities provided in this title
967     and other law.
968          (2) (a) Subject to the broad policymaking authority of the Wildlife Board, the [Division
969     of Wildlife Resources] division shall protect, propagate, manage, conserve, and distribute
970     protected wildlife throughout the state.
971          (b) The [Division of Wildlife Resources is appointed as] division is the trustee and
972     custodian of protected wildlife and may initiate civil proceedings, in addition to criminal
973     proceedings provided for in this title, to:
974          (i) recover damages;
975          (ii) compel performance;
976          (iii) compel substitution;
977          (iv) restrain or enjoin;
978          (v) initiate any other appropriate action; and
979          (vi) seek [any] appropriate remedies in [its] the division's capacity as trustee and
980     custodian.
981          (3) (a) If a political subdivision of the state adopts [ordinances or regulations] an

982     ordinance or regulation concerning hunting, fishing, or trapping that [conflict] conflicts with
983     this title or rules [promulgated] made pursuant to this title, state law [shall prevail] prevails.
984          (b) [Communities] A community may close areas to hunting for safety reasons after
985     confirmation by the Wildlife Board.
986          (4) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
987     Act, in the division's adjudicative proceedings.
988          (5) The division shall adopt an official seal and file an impression and a description of
989     the official seal with the Division of Archives.
990          Section 12. Section 23A-2-202, which is renumbered from Section 23-14-7 is
991     renumbered and amended to read:
992          [23-14-7].      23A-2-202. Director of the division -- Qualifications.
993          (1) The director shall:
994          (a) be the executive and administrative head of the [Division of Wildlife Resources]
995     division; and
996          (b) have demonstrated ability in management and administration and experience in the
997     protection, conservation, restoration, and management of wildlife resources.
998          (2) The director may not hold [any other] another public office or be involved in a
999     political party or organization.
1000          Section 13. Section 23A-2-203, which is renumbered from Section 23-14-8 is
1001     renumbered and amended to read:
1002          [23-14-8].      23A-2-203. Director powers.
1003          The director [of the Division of Wildlife Resources], under administrative supervision
1004     of the executive director [of the Department of Natural Resources, shall have], has:
1005          (1) executive authority and control of the [Division of Wildlife Resources] division so
1006     that policies of the Wildlife Board are carried out in accordance with the laws of this state;
1007          (2) authority over [all] personnel matters;
1008          (3) full control of [all] property acquired and held for the purposes specified in this
1009     title; and

1010          (4) authority to declare emergency closed or open seasons in the interest of the wildlife
1011     resources of the state.
1012          Section 14. Section 23A-2-204, which is renumbered from Section 23-14-10 is
1013     renumbered and amended to read:
1014          [23-14-10].      23A-2-204. Compensation of division employees -- Travel expenses
1015     of director and employees.
1016          [Employees of the Division of Wildlife Resources shall receive such] An employee of
1017     the division shall receive the compensation [as] the director [shall determine] determines
1018     within limits established for state employees by [the Division of Finance] Title 63A, Chapter
1019     17, Utah State Personnel Management Act. In addition to salaries provided for within this title,
1020     the director and employees of the [Division of Wildlife Resources] division are entitled to
1021     receive travel expenses as provided in the rules established by the Division of Finance.
1022          Section 15. Section 23A-2-205, which is renumbered from Section 23-14-12 is
1023     renumbered and amended to read:
1024          [23-14-12].      23A-2-205. Oaths administered by director.
1025          The director [of wildlife resources shall have the power to] may administer oaths for
1026     [all] the purposes required in the discharge of [his] the director's duties.
1027          Section 16. Section 23A-2-206, which is renumbered from Section 23-15-2 is
1028     renumbered and amended to read:
1029          [23-15-2].      23A-2-206. Jurisdiction of division over public or private land and
1030     waters.
1031          [All wildlife] Wildlife within this state, including wildlife on public or private land or
1032     in public or private waters within this state, [shall fall] is within the jurisdiction of the
1033     [Division of Wildlife Resources] division.
1034          Section 17. Section 23A-2-207, which is renumbered from Section 23-13-6 is
1035     renumbered and amended to read:
1036          [23-13-6].      23A-2-207. Taking of wildlife by division.
1037          (1) Subject to the other provisions of this section, the division may take wildlife of any

1038     kind from any place and in any manner for purposes considered by the director [of the division]
1039     to be in the interest of wildlife conservation.
1040          (2) The division shall deliver notice to an affected landowner or an agent of an affected
1041     landowner, either in writing or orally, before the taking of wildlife on privately owned land
1042     under this section. The division may take the wildlife immediately after or at a time reasonably
1043     required for the taking after delivering notice.
1044          (3) The notice requirements in Subsection (2) do not apply in a situation when there is
1045     a threat to public safety or exigent circumstances exist.
1046          Section 18. Section 23A-2-208, which is renumbered from Section 23-13-7 is
1047     renumbered and amended to read:
1048          [23-13-7].      23A-2-208. Use of fireworks and explosives by division employees
1049     and certain federal game agents.
1050          Notwithstanding any other provision of law, [employees of the Division of Wildlife
1051     Resources and federal game agents] the following may, without obtaining a permit, use
1052     fireworks and explosives to rally, drive, or otherwise disperse concentrations of wildlife as may
1053     be necessary to protect property or wildlife resources:
1054          (1) an employee of the division designated by the director; or
1055          (2) a federal game agent charged with the duty of managing wildlife resources [may,
1056     without obtaining a permit, use fireworks and explosives to rally, drive, or otherwise disperse
1057     concentrations of wildlife as may be necessary to protect property or wildlife resources].
1058          Section 19. Section 23A-2-209, which is renumbered from Section 23-14-21 is
1059     renumbered and amended to read:
1060          [23-14-21].      23A-2-209. Transplants of big game, turkeys, wolves, or sensitive
1061     species.
1062          (1) The division may transplant big game, turkeys, wolves, or sensitive species only in
1063     accordance with:
1064          (a) (i) a list of sites for the transplant of a particular species that is prepared and
1065     adopted in accordance with Subsections (2) through (5);

1066          [(b)] (ii) a species management plan, such as a deer or elk management plan adopted
1067     under Section [23-16-7] 23A-11-301 or a recovery plan for a threatened or endangered species,
1068     provided that:
1069          [(i)] (A) the plan identifies sites for the transplant of the species or the lands or waters
1070     the species are expected to occupy; and
1071          [(ii)] (B) the public has had an opportunity to comment and make recommendations on
1072     the plan; [or] and
1073          (iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.; or
1074          [(c)] (b) a legal agreement between the state and a tribal government that identifies
1075     potential transplants[; and]
1076          [(d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq].
1077          (2) The division shall:
1078          (a) consult with the landowner in determining the suitability of a site for the transplant
1079     of a species;
1080          (b) prepare a list of proposed sites for the transplant of species; and
1081          (c) provide notification of proposed sites for the transplant of species to:
1082          (i) local government officials having jurisdiction over areas that may be affected by a
1083     transplant; and
1084          (ii) the Resource Development Coordinating Committee created in Section
1085     63L-11-401.
1086          (3) After receiving comments from local government officials and the Resource
1087     Development Coordinating Committee, the division shall submit the list of proposed transplant
1088     sites, or a revised list, to regional advisory councils for the one or more regions that may be
1089     affected by the transplants of species.
1090          (4) [Each] A regional advisory council reviewing a list of proposed sites for the
1091     transplant of species may submit recommendations to the Wildlife Board.
1092          (5) The Wildlife Board shall approve, modify, or reject [each] a proposal for the
1093     transplant of a species.

1094          (6) [Each] A list of proposed transplant sites approved by the Wildlife Board shall have
1095     a termination date after which a transplant may not occur.
1096          Section 20. Section 23A-2-301, which is renumbered from Section 23-14-2 is
1097     renumbered and amended to read:
1098     
Part 3. Wildlife Board and Regional Councils

1099          [23-14-2].      23A-2-301. Wildlife Board created.
1100          (1) There is created a Wildlife Board [which shall consist] that consists of seven
1101     members appointed by the governor with the advice and consent of the Senate in accordance
1102     with Title 63G, Chapter 24, Part 2, Vacancies.
1103          (2) (a) In addition to the requirements of Section 79-2-203, the members of the [board]
1104     Wildlife Board shall have expertise or experience in at least one of the following areas:
1105          (i) wildlife management or biology;
1106          (ii) habitat management, including range or aquatic;
1107          (iii) business, including knowledge of private land issues; and
1108          (iv) economics, including knowledge of recreational wildlife uses.
1109          (b) [Each] At least one member of the Wildlife Board shall represent each of the areas
1110     of expertise under Subsection (2)(a) [shall be represented by at least one member of the
1111     Wildlife Board].
1112          (3) (a) The governor shall select [each] a board member from a list of nominees
1113     submitted by the nominating committee pursuant to Section [23-14-2.5] 23A-2-302.
1114          (b) No more than two members shall be from a single wildlife region described in
1115     Subsection [23-14-2.6] 23A-2-303(1).
1116          (c) The governor may request an additional list of at least two nominees from the
1117     nominating committee if the initial list of nominees for a given position is unacceptable.
1118          (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
1119     the initial or additional list, the nominating committee shall make an interim appointment by
1120     majority vote.
1121          (ii) The interim board member shall serve until the matter is resolved by the

1122     nominating committee and the governor or until the board member is replaced pursuant to this
1123     chapter.
1124          (4) (a) Except as required by Subsection (4)(b), as terms of current board members
1125     expire, the governor shall appoint [each] a new member or reappointed member to a six-year
1126     term.
1127          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1128     time of appointment or reappointment, adjust the length of terms to ensure that:
1129          (i) the terms of board members are staggered so that approximately one-third of the
1130     [board] Wildlife Board is appointed every two years; and
1131          (ii) members serving from the same region have staggered terms.
1132          (c) If a vacancy occurs, the nominating committee shall submit at least two names, as
1133     provided in Subsection [23-14-2.5] 23A-2-302(4), to the governor and the governor shall
1134     appoint a replacement for the unexpired term.
1135          (d) [Board members] A board member may serve only one term unless the board
1136     member:
1137          (i) [the member] is among the first board members appointed to serve four years or
1138     less; or
1139          (ii) [the member] filled a vacancy under Subsection (4)(c) for four years or less.
1140          (5) (a) The [board] Wildlife Board shall elect a chair and a vice chair from [its] the
1141     Wildlife Board's membership.
1142          (b) Four members of the [board shall constitute] Wildlife Board constitutes a quorum.
1143          (c) The director [of the Division of Wildlife Resources] shall act as secretary to the
1144     [board] Wildlife Board, but is not a voting member of the [board] Wildlife Board.
1145          (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
1146     to expeditiously conduct [its] the Wildlife Board's business.
1147          (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
1148     emergency situations.
1149          (c) Meetings may be held at the Salt Lake City office of the [Division of Wildlife

1150     Resources] division or elsewhere as determined by the Wildlife Board.
1151          (7) A member may not receive compensation or benefits for the member's service, but
1152     may receive per diem and travel expenses in accordance with:
1153          (a) Section 63A-3-106;
1154          (b) Section 63A-3-107; and
1155          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1156     63A-3-107.
1157          (8) (a) [The members] A member of the Wildlife Board shall complete an orientation
1158     course to assist [them] the member in the performance of the duties of [their] the member's
1159     office.
1160          (b) The [Department of Natural Resources] department shall provide the course
1161     required under Subsection (8)(a).
1162          (9) A member shall comply with the conflict of interest provisions described in Title
1163     63G, Chapter 24, Part 3, Conflicts of Interest.
1164          Section 21. Section 23A-2-302, which is renumbered from Section 23-14-2.5 is
1165     renumbered and amended to read:
1166          [23-14-2.5].      23A-2-302. Wildlife Board Nominating Committee created.
1167          (1) There is created a Wildlife Board Nominating Committee [which shall consist] that
1168     consists of 11 members.
1169          (2) The governor shall appoint members to the nominating committee as follows:
1170          (a) three members shall be appointed from a list of at least two nominees per position
1171     submitted by the agriculture industry;
1172          (b) three members shall be appointed from a list of at least two nominees per position
1173     submitted by sportsmen groups;
1174          (c) two members shall be appointed from a list of at least two nominees per position
1175     submitted by nonconsumptive wildlife interests;
1176          (d) one member shall be appointed from a list of at least two nominees submitted by
1177     federal land management agencies;

1178          (e) one local elected official shall be appointed from a list of at least two nominees
1179     submitted by the Utah Association of Counties; and
1180          (f) one range management specialist shall be appointed from a list of at least two
1181     nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah
1182     Chapter, The Wildlife Society.
1183          (3) [Each] A wildlife region described in Subsection [23-14-2.6] 23A-2-303(1) shall be
1184     represented by at least one member [and no]. A wildlife region may not be represented by more
1185     than three members.
1186          (4) The nominating committee shall nominate at least two, but not more than four,
1187     candidates for each position or vacancy [which] that occurs on the [board] Wildlife Board.
1188          (5) (a) Except as required by Subsection (5)(b), as terms of current [board] nominating
1189     committee members expire, the governor shall appoint [each] a new or reappointed member to
1190     a four-year term.
1191          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1192     time of appointment or reappointment, adjust the length of terms to ensure that:
1193          (i) the terms of [board] nominating committee members are staggered so that
1194     approximately half of the [board] nominating committee is appointed every two years; and
1195          (ii) members from the same wildlife region serve staggered terms.
1196          (c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the
1197     same manner that the position was originally filled to serve the remainder of the unexpired
1198     term.
1199          (6) The nominating committee shall select a chair and vice chair from [its] the
1200     nominating committee's membership.
1201          (7) Six members shall constitute a quorum.
1202          (8) A member of the nominating committee may not receive compensation or benefits
1203     for the member's service, but may receive per diem and travel expenses in accordance with:
1204          (a) Section 63A-3-106;
1205          (b) Section 63A-3-107; and

1206          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1207     63A-3-107.
1208          Section 22. Section 23A-2-303, which is renumbered from Section 23-14-2.6 is
1209     renumbered and amended to read:
1210          [23-14-2.6].      23A-2-303. Regional advisory councils created.
1211          (1) There are created five regional advisory councils [which shall] that consist of 12 to
1212     15 members each from the wildlife region whose boundaries are established for administrative
1213     purposes by the division.
1214          (2) The members shall include individuals who represent the following groups and
1215     interests:
1216          (a) agriculture;
1217          (b) sportsmen;
1218          (c) nonconsumptive wildlife;
1219          (d) locally elected public officials;
1220          (e) federal land agencies; and
1221          (f) the public at large.
1222          (3) The executive director [of the Department of Natural Resources], in consultation
1223     with the director [of the Division of Wildlife Resources], shall select the members from a list
1224     of nominees submitted by the respective interest group or agency.
1225          (4) The regional advisory councils shall:
1226          (a) hear broad input, including recommendations, biological data, and information
1227     regarding the effects of wildlife;
1228          (b) gather information from staff, the public, and government agencies; and
1229          (c) make recommendations to the Wildlife Board in an advisory capacity.
1230          (5) (a) Except as required by Subsection (5)(b), [each] a member shall serve a four-year
1231     term.
1232          (b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall,
1233     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms

1234     of council members are staggered so that approximately half of the council is appointed every
1235     two years.
1236          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1237     appointed for the unexpired term.
1238          (7) The councils shall determine:
1239          (a) the time and place of meetings; and
1240          (b) [any other] a procedural matter not specified in this chapter.
1241          (8) Members of the councils shall complete an orientation course [as provided]
1242     described in Subsection [23-14-2] 23A-2-301(8).
1243          (9) A member may not receive compensation or benefits for the member's service, but
1244     may receive per diem and travel expenses in accordance with:
1245          (a) Section 63A-3-106;
1246          (b) Section 63A-3-107; and
1247          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1248     63A-3-107.
1249          Section 23. Section 23A-2-304, which is renumbered from Section 23-14-19 is
1250     renumbered and amended to read:
1251          [23-14-19].      23A-2-304. Rules, proclamations, and orders of the Wildlife Board
1252     -- Judicial notice of proclamations.
1253          (1) The Wildlife Board shall exercise [its] the Wildlife Board's powers by making rules
1254     and issuing proclamations and orders pursuant to this [code] title.
1255          (2) A court shall take judicial notice of a proclamation published under the authority of
1256     this title.
1257          Section 24. Section 23A-2-305, which is renumbered from Section 23-14-18 is
1258     renumbered and amended to read:
1259          [23-14-18].      23A-2-305. Establishment of seasons, locations, limits, and
1260     regulations by the Wildlife Board.
1261          (1) To provide an adequate and flexible system of protection, propagation,

1262     introduction, increase, control, harvest, management, and conservation of protected wildlife in
1263     this state and to provide for the use and development of protected wildlife for public recreation
1264     and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
1265     Board shall determine the circumstances, time, location, means, and the amounts[,] and
1266     numbers of protected wildlife [which] that may be taken.
1267          (2) The Wildlife Board shall, except as otherwise specified in this [code] title:
1268          (a) fix seasons and shorten, extend, or close seasons on any species of protected
1269     wildlife in any locality, or in the entire state, if the [board] Wildlife Board finds that the action
1270     is necessary to effectuate proper wildlife management and control;
1271          (b) close or open areas to fishing, trapping, or hunting;
1272          (c) establish refuges and preserves;
1273          (d) regulate and prescribe the means by which protected wildlife may be taken;
1274          (e) regulate the transportation and storage of protected wildlife, or [their] the wildlife
1275     parts, within the boundaries of the state and the shipment or transportation out of the state;
1276          (f) establish or change bag limits and possession limits;
1277          (g) prescribe safety measures and establish other regulations as may be considered
1278     necessary in the interest of wildlife conservation and the safety and welfare of hunters,
1279     trappers, fishermen, landowners, and the public;
1280          (h) (i) prescribe when [licenses, permits, tags, and certificates of registration shall be] a
1281     license, permit, tag, or certificate of registration is required and procedures for their issuance
1282     and use; and
1283          (ii) establish forms and fees for [licenses, permits, tags, and certificates of registration]
1284     a license, permit, tag, or certificate of registration; and
1285          (i) [prescribe rules and regulations as it] make rules, in accordance with Title 63G,
1286     Chapter 3, Utah Administrative Rulemaking Act, as the Wildlife Board may consider necessary
1287     to control the use and harvest of protected wildlife by private associations, clubs, partnerships,
1288     or corporations, provided the rules [and regulations] do not preclude the landowner from
1289     personally controlling trespass upon the owner's properties nor from charging a fee to trespass

1290     for purposes of hunting or fishing.
1291          (3) The Wildlife Board may allow a season on protected wildlife to commence on any
1292     day of the week except Sunday.
1293          (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
1294     of registration in accordance with Section 63J-1-504.
1295          (5) The Wildlife Board may not issue a license, permit, tag, or certificate of registration
1296     as a reward for an individual's assistance with a prosecution for violation of Section 76-6-111.
1297          Section 25. Section 23A-2-401, which is renumbered from Section 23-22-1 is
1298     renumbered and amended to read:
1299     
Part 4. Cooperative and Reciprocal Agreements

1300          [23-22-1].      23A-2-401. Cooperative agreements and programs authorized.
1301          (1) The [Division of Wildlife Resources] division may enter into cooperative
1302     agreements and programs with other state agencies, federal agencies, states, educational
1303     institutions, municipalities, counties, corporations, organized clubs, landowners, associations,
1304     and individuals for purposes of wildlife conservation.
1305          (2) Cooperative agreements that are policy in nature shall be:
1306          (a) approved by the executive director [of the Department of Natural Resources]; and
1307          (b) reviewed by the Wildlife Board.
1308          Section 26. Section 23A-2-402, which is renumbered from Section 23-22-2 is
1309     renumbered and amended to read:
1310          [23-22-2].      23A-2-402. Acceptance of Acts of Congress.
1311          (1) The state assents to [the provisions of] the Wildlife Restoration Act, 16 U.S.C. Sec.
1312     669 et seq., [Wildlife Restoration Act] and the Sport Fish Restoration Act, 16 U.S.C. 777 et
1313     seq.[, Sport Fish Restoration Act.]
1314          (2) The division shall conduct and establish cooperative fish and wildlife restoration
1315     projects as provided by the acts specified in Subsection (1) and rules [promulgated] made
1316     under those acts.
1317          (3) The following revenues received by the state may not be used for any purpose other

1318     than the administration of the division:
1319          (a) revenue from the sale of [any] a license, permit, tag, [stamp,] or certificate of
1320     registration that conveys to a person the privilege to take wildlife for sport or recreation, less
1321     reasonable vendor fees;
1322          (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1323     property acquired with revenue specified in Subsection (3)(a);
1324          (c) interest, dividends, or other income earned on revenue specified in Subsection
1325     (3)(a) or (b); and
1326          (d) federal aid project reimbursements to the extent that revenue specified in
1327     Subsection (3)(a) or (b) originally funded the project for which the reimbursement is being
1328     made.
1329          Section 27. Section 23A-2-403, which is renumbered from Section 23-22-3 is
1330     renumbered and amended to read:
1331          [23-22-3].      23A-2-403. Reciprocal agreements with other states.
1332          (1) The Wildlife Board [is authorized to] may enter into reciprocal agreements with
1333     other states to:
1334          (a) license and regulate fishing, hunting, and related activities; and
1335          (b) promote and implement wildlife management programs.
1336          (2) Reciprocal agreements shall be approved by the executive director [of the
1337     Department of Natural Resources].
1338          Section 28. Section 23A-2-501, which is renumbered from Section 23-25-2 is
1339     renumbered and amended to read:
1340     
Part 5. Wildlife Violator Compact

1341          [23-25-2].      23A-2-501. Adoption and text of compact.
1342          (1) The participating states find that:
1343          (a) Wildlife resources are managed in trust by the respective states for the benefit of all
1344     residents and visitors.
1345          (b) The protection of the wildlife resources of a state is materially affected by the

1346     degree of compliance with state statutes, laws, regulations, ordinances, and administrative rules
1347     relating to the management of the resources.
1348          (c) The preservation, protection, management, and restoration of wildlife contributes
1349     immeasurably to the aesthetic, recreational, and economic aspects of the natural resources.
1350          (d) Wildlife resources are valuable without regard to political boundaries; therefore,
1351     every person should be required to comply with wildlife preservation, protection, management,
1352     and restoration laws, ordinances, and administrative rules and regulations of the participating
1353     states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap,
1354     or possess wildlife.
1355          (e) Violation of wildlife laws interferes with the management of wildlife resources and
1356     may endanger the safety of persons and property.
1357          (f) The mobility of many wildlife law violators necessitates the maintenance of
1358     channels of communication among the various states.
1359          (g) Usually, a person who is cited for a wildlife violation in a state other than his home
1360     state:
1361          (i) is required to post collateral or bond to secure appearance for a trial at a later date;
1362     or
1363          (ii) is taken directly into custody until collateral or bond is posted; or
1364          (iii) is taken directly to court for an immediate appearance.
1365          (h) The purpose of the enforcement practices set forth in Subsection (1)(g) is to ensure
1366     compliance with the terms of a wildlife citation by the cited person who, if permitted to
1367     continue on his way after receiving the citation, could return to his home state and disregard his
1368     duty under the terms of the citation.
1369          (i) In most instances, a person receiving a wildlife citation in his home state is
1370     permitted to accept the citation from the officer at the scene of the violation and immediately
1371     continue on his way after agreeing or being instructed to comply with the terms of the citation.
1372          (j) The practices described in Subsection (1)(g) cause unnecessary inconvenience and,
1373     at times, a hardship for the person who is unable at the time to post collateral, furnish a bond,

1374     stand trial, or pay a fine, and is compelled to remain in custody until some alternative
1375     arrangement is made.
1376          (k) The enforcement practices described in Subsection (1)(g) consume an undue
1377     amount of enforcement time.
1378          (2) It is the policy of the participating states to:
1379          (a) promote compliance with the statutes, laws, ordinances, regulations, and
1380     administrative rules relating to the management of wildlife resources in their respective states;
1381          (b) recognize the suspension of wildlife license privileges of a person whose license
1382     privileges have been suspended by a participating state and treat the suspension as if it had
1383     occurred in their state;
1384          (c) allow a violator, except as provided in Subsection [23-25-4] 23A-2-503(2), to
1385     accept a wildlife citation and, without delay, proceed on his way, whether or not the violator is
1386     a resident of the state in which the citation was issued, provided that the violator's home state is
1387     a party to this compact;
1388          (d) report to the appropriate participating state, as provided in the compact manual, a
1389     conviction recorded against a person whose home state was not the issuing state;
1390          (e) allow the home state to recognize and treat convictions recorded against its
1391     residents, which convictions occurred in a participating state, as though they had occurred in
1392     the home state;
1393          (f) extend cooperation to its fullest extent among the participating states for enforcing
1394     compliance with the terms of a wildlife citation issued in one participating state to a resident of
1395     another state;
1396          (g) maximize effective use of law enforcement personnel and information; and
1397          (h) assist court systems in the efficient disposition of wildlife violations.
1398          Section 29. Section 23A-2-502, which is renumbered from Section 23-25-3 is
1399     renumbered and amended to read:
1400          [23-25-3].      23A-2-502. Definitions.
1401          As used in this compact:

1402          (1) "Citation" means a summons, complaint, summons and complaint, ticket, penalty
1403     assessment, or other official document issued to a person by a wildlife officer or other peace
1404     officer for a wildlife violation which contains an order requiring the person to respond.
1405          (2) "Collateral" means cash or other security deposited to secure an appearance for trial
1406     in connection with the issuance by a wildlife officer or other peace officer of a citation for a
1407     wildlife violation.
1408          (3) "Compliance" with respect to a citation means the act of answering a citation
1409     through an appearance in a court or tribunal, or through the payment of fines, costs, and
1410     surcharges.
1411          (4) "Conviction" means a conviction, including any court conviction, for an offense
1412     related to the preservation, protection, management, or restoration of wildlife which is
1413     prohibited by state statute, law, regulation, ordinance, or administrative rule. This conviction
1414     shall also include the forfeiture of any bail, bond, or other security deposited to secure
1415     appearance by a person charged with having committed the offense, the payment of a penalty
1416     assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence
1417     by the court.
1418          (5) "Court" means a court of law, including magistrate's court and the justice of the
1419     peace court.
1420          (6) "Home state" means the state of primary residence of a person.
1421          (7) "Issuing state" means the participating state which issues a wildlife citation to the
1422     violator.
1423          (8) "License" means a license, permit, or other public document which conveys to the
1424     person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife
1425     regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
1426          (9) "Licensing authority" means the department or division within each participating
1427     state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or
1428     possess wildlife.
1429          (10) "Participating state" means any state which enacts legislation to become a member

1430     of this wildlife compact.
1431          (11) "Personal recognizance" means an agreement by a person made at the time of
1432     issuance of the wildlife citation that the person will comply with the terms of the citation.
1433          (12) "State" means a state, territory, or possession of the United States, the District of
1434     Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and the other
1435     countries.
1436          (13) "Suspension" means a revocation, denial, or withdrawal of any or all license
1437     privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by
1438     any license.
1439          (14) "Wildlife" means species of animals including, but not limited to, mammals,
1440     birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and
1441     are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative
1442     rule in a participating state. Species included in the definition of "wildlife" vary from state to
1443     state and determination of whether a species is "wildlife" for the purpose of this compact shall
1444     be based on local law.
1445          (15) "Wildlife law" means any statute, law, regulation, ordinance, or administrative
1446     rule developed and enacted for the management and use of wildlife resources.
1447          (16) "Wildlife officer" means an individual authorized by a participating state to issue a
1448     citation for a wildlife violation.
1449          (17) "Wildlife violation" means a cited violation of a statute, law, regulation,
1450     ordinance, or administrative rule developed and enacted for the management and use of
1451     wildlife resources.
1452          Section 30. Section 23A-2-503, which is renumbered from Section 23-25-4 is
1453     renumbered and amended to read:
1454          [23-25-4].      23A-2-503. Procedures for issuing state.
1455          (1) When issuing a citation for a wildlife violation, a wildlife officer shall issue a
1456     citation to a person whose primary residence is in a participating state in the same manner as
1457     though the person were a resident of the issuing state and shall not require the person to post

1458     collateral to secure appearance, subject to the exceptions under Subsection (2), if the officer
1459     receives the recognizance of the person that he will comply with the terms of the citation.
1460          (2) Personal recognizance is acceptable:
1461          (a) if not prohibited by local law or the compact manual; and
1462          (b) if the violator provides adequate proof of identification to the wildlife officer.
1463          (3) (a) Upon conviction or failure of a person to comply with the terms of a wildlife
1464     citation, the appropriate official shall report the conviction or failure to comply to the licensing
1465     authority of the participating state in which the wildlife citation was issued.
1466          (b) The report shall be made in accordance with procedures specified by the issuing
1467     state and shall contain information as specified in the compact manual as minimum
1468     requirements for effective processing by the home state.
1469          (4) Upon receipt of the report of a conviction or noncompliance pursuant to Subsection
1470     (3)(b), the licensing authority of the issuing state shall transmit to the licensing authority of the
1471     home state of the violator the information in the form and with the content as prescribed in the
1472     compact manual.
1473          Section 31. Section 23A-2-504, which is renumbered from Section 23-25-5 is
1474     renumbered and amended to read:
1475          [23-25-5].      23A-2-504. Procedure for home state.
1476          (1) (a) Upon receipt of a report from the licensing authority of the issuing state
1477     reporting the failure of a violator to comply with the term of a citation, the licensing authority
1478     of the home state shall:
1479          (i) notify the violator;
1480          (ii) initiate a suspension action in accordance with the home state's suspension
1481     procedures; and
1482          (iii) suspend the violator's license privileges until satisfactory evidence of compliance
1483     with the terms of the wildlife citation has been furnished by the issuing state to the home state
1484     licensing authority.
1485          (b) Due process safeguards will be accorded.

1486          (2) Upon receipt of a report of conviction from the licensing authority of the issuing
1487     state, the licensing authority of the home state shall enter the conviction as though it occurred
1488     in the home state for the purposes of the suspension of license privileges.
1489          (3) The licensing authority of the home state shall:
1490          (a) maintain a record of actions taken; and
1491          (b) make reports to issuing states as provided in the compact manual.
1492          Section 32. Section 23A-2-505, which is renumbered from Section 23-25-6 is
1493     renumbered and amended to read:
1494          [23-25-6].      23A-2-505. Reciprocal recognition of suspension.
1495          (1) All participating states shall recognize the suspension of license privileges of a
1496     person by the participating state as though the violation resulting in the suspension:
1497          (a) had occurred in their state; and
1498          (b) could have been the basis of the suspension of license privileges in their state.
1499          (2) Each participating state shall communicate suspension information to other
1500     participating states in the form and with the content as contained in the compact manual.
1501          Section 33. Section 23A-2-506, which is renumbered from Section 23-25-7 is
1502     renumbered and amended to read:
1503          [23-25-7].      23A-2-506. Applicability of other laws.
1504          Except as expressly required by provisions of this compact, nothing herein shall be
1505     construed to affect the right of any participating state to apply any of its laws relating to license
1506     privileges to a person or circumstance or to invalidate or prevent any agreement or other
1507     cooperative arrangement between a participating state and a nonparticipating state concerning
1508     wildlife law enforcement.
1509          Section 34. Section 23A-2-507, which is renumbered from Section 23-25-8 is
1510     renumbered and amended to read:
1511          [23-25-8].      23A-2-507. Compact administrator procedures.
1512          (1) (a) A Board of Compact Administrators is established to:
1513          (i) administer the provisions of this compact; and

1514          (ii) serve as a governing body for the resolution of all matters relating to the operation
1515     of this compact.
1516          (b) The board shall be composed of one representative from each of the participating
1517     states to be known as the compact administrator.
1518          (c) The compact administrator shall be appointed by the head of the licensing authority
1519     of each participating state and shall serve and be subject to removal in accordance with the
1520     laws of the state he represents.
1521          (d) A compact administrator may provide for the discharge of his duties and the
1522     performance of his function as a board member by an alternate.
1523          (e) An alternate shall not be entitled to serve unless written notification of his identity
1524     has been given to the board.
1525          (2) (a) Each member of the board of compact administrators shall be entitled to one
1526     vote.
1527          (b) An action of the board shall not be binding unless taken at a meeting at which a
1528     majority of the total number of the board's votes are cast in favor thereof.
1529          (c) Action by the board shall be only at a meeting at which a majority of the
1530     participating states are represented.
1531          (3) The board shall elect annually from its membership a chairman and vice-chairman.
1532          (4) The board shall adopt bylaws not inconsistent with the provisions of this compact
1533     or the laws of a participating state for the conduct of its business and shall have the power to
1534     amend and rescind its bylaws.
1535          (5) The board may accept for any of its purposes and functions under this compact any
1536     and all donations and grants of money, equipment, supplies, materials, and services,
1537     conditional or otherwise, from any state, the United States, or any governmental agency, and
1538     may receive, utilize, and dispose of the donations and grants.
1539          (6) The board may contract with, or accept services or personnel from, any
1540     governmental or intergovernmental agency, individual, firm, or corporation, or any private
1541     nonprofit organization or institution.

1542          (7) The board shall formulate all necessary procedures and develop uniform forms and
1543     documents for administering the provisions of this compact. All procedures and forms adopted
1544     to board action shall be contained in a compact manual.
1545          Section 35. Section 23A-2-508, which is renumbered from Section 23-25-9 is
1546     renumbered and amended to read:
1547          [23-25-9].      23A-2-508. Entry into compact and withdrawal.
1548          (1) This compact shall become effective at the time it is adopted in substantially
1549     similar form by two or more states.
1550          (2) (a) Entry into the compact shall be made by resolution of ratification by the
1551     authorized officials of the applying state and submitted to the chairman of the board.
1552          (b) The resolution shall substantially be in the form and content as provided in the
1553     compact manual and shall include the following:
1554          (i) a citation of the authority from which the state is empowered to become a party to
1555     this compact;
1556          (ii) an agreement of compliance with the terms and provisions of this compact; and
1557          (iii) an agreement that compact entry is with all states participating in the compact and
1558     with all additional states legally becoming a party to the compact.
1559          (c) The effective date of entry shall be specified by the applying state but shall not be
1560     less than 60 days after notice has been given:
1561          (i) by the chairman of the board of the compact administrators; or
1562          (ii) by the secretary of the board to each participating state that the resolution from the
1563     applying state has been received.
1564          (3) A participating state may withdraw from participation in this compact by official
1565     written notice to each participating state, but withdrawal shall not become effective until 90
1566     days after the notice of withdrawal is given. No withdrawal of any state shall affect the validity
1567     of this compact as to the remaining participating states.
1568          Section 36. Section 23A-2-509, which is renumbered from Section 23-25-10 is
1569     renumbered and amended to read:

1570          [23-25-10].      23A-2-509. Amendments to the compact.
1571          (1) This compact may be amended from time to time. Amendments shall be presented
1572     in resolution form to the chairman of the Board of Compact Administrators and shall be
1573     initiated by one or more participating states.
1574          (2) Adoption of an amendment shall require endorsement by all participating states and
1575     shall become effective 30 days after the date of the last endorsement.
1576          (3) Failure of a participating state to respond to the compact chairman within 120 days
1577     after receipt of a proposed amendment shall constitute endorsement thereof.
1578          Section 37. Section 23A-2-510, which is renumbered from Section 23-25-11 is
1579     renumbered and amended to read:
1580          [23-25-11].      23A-2-510. Construction and severability.
1581          (1) This compact shall be liberally construed so as to effectuate the purposes stated
1582     herein.
1583          (2) The provisions of this compact shall be severable and if a phrase, clause, sentence,
1584     or provision of this compact is declared to be contrary to the constitution of a participating state
1585     or of the United States, or the applicability thereof to a government, agency, individual, or
1586     circumstance is held invalid, the validity of the remainder of this compact shall not be affected
1587     thereby.
1588          (3) If this compact is held contrary to the constitution of a participating state, the
1589     compact shall remain in full force and effect as to the remaining states and in full force and
1590     effect as to the participating state affected regarding all severable matters.
1591          Section 38. Section 23A-2-511, which is renumbered from Section 23-25-13 is
1592     renumbered and amended to read:
1593          [23-25-13].      23A-2-511. Licensing authority -- Administrator -- Expenses.
1594          (1) The Division of Wildlife Resources is designated as the licensing authority in this
1595     state for the purpose of the compact.
1596          (2) The director of the Division of Wildlife Resources shall furnish to the appropriate
1597     authorities of the participating states any information or documents reasonably necessary to

1598     facilitate the administration of the compact.
1599          (3) The compact administrator provided for in Section [23-25-8] 23A-2-507, "Wildlife
1600     Violator Compact," shall not be entitled to any additional compensation for his service as the
1601     administrator but shall be entitled to expenses incurred in connection with his duties and
1602     responsibilities as administrator in the same manner as for expenses incurred in connection
1603     with any other duties or responsibilities of his office or employment.
1604          Section 39. Section 23A-3-101 is enacted to read:
1605     
CHAPTER 3. FUNDS AND ACCOUNTS

1606     
Part 1. General Provisions

1607          23A-3-101. Definitions.
1608          Reserved.
1609          Section 40. Section 23A-3-201, which is renumbered from Section 23-14-13 is
1610     renumbered and amended to read:
1611     
Part 2. Funds and Accounts in General

1612          [23-14-13].      23A-3-201. Wildlife Resources Account -- Unexpected fund
1613     balances converted to General Fund account.
1614          (1) There is created a restricted account within the General Fund known as the
1615     "Wildlife Resources Account."
1616          (2) The following money shall be deposited into the Wildlife Resources Account:
1617          (a) revenue from the sale of licenses, permits, tags, and certificates of registration
1618     issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
1619     provided by this title;
1620          (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1621     property acquired with revenue specified in Subsection (2)(a);
1622          (c) revenue from fines and forfeitures for violations of this title or [any] a rule,
1623     proclamation, or order of the Wildlife Board, minus court costs not to exceed the schedule
1624     adopted by the Judicial Council;
1625          (d) [funds] money appropriated from the General Fund by the Legislature pursuant to

1626     Section [23-19-39] 23A-4-306;
1627          (e) other money received by the division under [any provision of] this title, except as
1628     otherwise provided by this title; and
1629          (f) interest, dividends, or other income earned on account money.
1630          (3) Money in the Wildlife Resources Account shall be used for the administration of
1631     this title.
1632          (4) The state auditor and director of the Division of Finance shall, at the close of the
1633     fiscal year, convert into the Wildlife Resources Account the unexpended balances of the
1634     Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife
1635     Board for capital outlay projects or other programs that may extend beyond the close of the
1636     fiscal year.
1637          Section 41. Section 23A-3-202, which is renumbered from Section 23-14-14 is
1638     renumbered and amended to read:
1639          [23-14-14].      23A-3-202. Grants or gifts accepted by division -- Special account.
1640          The [Division of Wildlife Resources is authorized to] division may accept grants or
1641     gifts of money, property, water rights or other endowments that [will] benefit the wildlife
1642     resources of the state. [Money] The division shall place money as received [shall be placed] in
1643     a special account to be used for specific use as indicated by the grantor.
1644          Section 42. Section 23A-3-203, which is renumbered from Section 23-14-13.5 is
1645     renumbered and amended to read:
1646          [23-14-13.5].      23A-3-203. Support for State-Owned Shooting Ranges
1647     Restricted Account.
1648          (1) There is created in the General Fund a restricted account known as the "Support for
1649     State-Owned Shooting Ranges Restricted Account."
1650          (2) The account shall be funded by:
1651          (a) contributions deposited into the [account] Support for State-Owned Shooting
1652     Ranges Restricted Account in accordance with Section 41-1a-422;
1653          (b) private contributions; and

1654          (c) donations or grants from public or private entities.
1655          (3) Upon appropriation by the Legislature, the division shall distribute [funds] money
1656     in the [account] Support for State-Owned Shooting Ranges Restricted Account to facilitate
1657     construction of new firearm shooting ranges, and operation and maintenance of existing ranges,
1658     that are:
1659          (a) built on land owned or leased by the state;
1660          (b) owned by the division; and
1661          (c) operated by the division or the division's contractors.
1662          (4) The division shall only expend the [funds] Support for State-Owned Shooting
1663     Ranges Restricted Account to:
1664          (a) construct, operate, and maintain firearm shooting ranges described in Subsection
1665     (3); and
1666          (b) pay the costs of issuing or reordering Support the 2nd Amendment and
1667     State-Owned Shooting Ranges support special group license plate decals.
1668          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
1669     nonlapsing.
1670          Section 43. Section 23A-3-204, which is renumbered from Section 23-14-14.2 is
1671     renumbered and amended to read:
1672          [23-14-14.2].      23A-3-204. Wildlife Resources Conservation Easement
1673     Restricted Account.
1674          (1) There is created within the General Fund a restricted account known as the
1675     "Wildlife Resources Conservation Easement Account."
1676          (2) The Wildlife Resources Conservation Easement Account consists of:
1677          (a) grants from private foundations;
1678          (b) grants from local governments, the state, or the federal government;
1679          (c) grants from the Land Conservation Board created under Section 4-46-201;
1680          (d) donations from landowners for monitoring and managing conservation easements;
1681          (e) donations from any other person; and

1682          (f) interest on account money.
1683          (3) Upon appropriation by the Legislature, the [Division of Wildlife Resources]
1684     division shall use money from the [account] Wildlife Resources Conservation Easement
1685     Account to monitor and manage conservation easements held by the division.
1686          (4) The division may not receive or expend donations from the [account] Wildlife
1687     Resources Conservation Easement Account to acquire conservation easements.
1688          Section 44. Section 23A-3-205, which is renumbered from Section 23-13-20 is
1689     renumbered and amended to read:
1690          [23-13-20].      23A-3-205. Wildlife Conservation Fund.
1691          (1) As used in this section:
1692          (a) "Fund" means the Wildlife Conservation Fund created by this section.
1693          (b) "Wildlife conservation permit program" means a program under which the division
1694     issues permit opportunities to be sold by a conservation organization for auction to the highest
1695     bidder at a fund-raising event.
1696          (c) "Wildlife exposition program" means a program under which the division allocates
1697     permits to a drawing administered by a selected conservation organization as part of a regional
1698     or national exposition for the purpose of generating revenue to fund wildlife conservation
1699     activities in Utah.
1700          (2) There is created an expendable special revenue fund known as the "Wildlife
1701     Conservation Fund."
1702          (3) The fund consists of:
1703          (a) wildlife conservation permit program revenue transferred to the division pursuant to
1704     rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
1705     Administrative Rulemaking Act;
1706          (b) wildlife exposition program revenue transferred to the division pursuant to rules,
1707     made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative
1708     Rulemaking Act;
1709          (c) money appropriated to the fund by the Legislature;

1710          (d) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted
1711     by the division and specifically directed to the fund; and
1712          (e) interest and earnings on the fund.
1713          (4) (a) The fund shall earn interest and other earnings.
1714          (b) The interest and earnings described in Subsection (4)(a) shall be deposited into the
1715     fund.
1716          (5) (a) The division shall use proceeds in the fund to carry out the purposes of the
1717     wildlife conservation permit program or wildlife exposition program.
1718          (b) Deposits into and expenditures from the fund shall specifically identify the wildlife
1719     conservation permit program or wildlife exposition program to which the deposits and
1720     expenditures apply.
1721          (c) The division shall make expenditures from the fund consistent with the rules
1722     governing the applicable program.
1723          (6) The division shall annually report to the Natural Resources, Agriculture, and
1724     Environmental Quality Appropriations Subcommittee regarding:
1725          (a) the amount of money in the fund [from];
1726          (b) the sources of money [for] in the fund; and
1727          (c) how the money is expended.
1728          Section 45. Section 23A-3-206, which is renumbered from Section 23-14-14.3 is
1729     renumbered and amended to read:
1730          [23-14-14.3].      23A-3-206. Donations related to donation of wild game meat
1731     -- Wild Game Meat Donation Fund.
1732          (1) As used in this section:
1733          [(a) "Division" means the Division of Wildlife Resources.]
1734          [(b)] (a) "Fund" means the expendable special revenue fund created in this section.
1735          [(c)] (b) "Nonprofit charitable organization" means the same as that term is defined in
1736     Section 4-34-102.
1737          [(d)] (c) "Wild game" means the same as that term is defined in Section 4-32-105.

1738          (2) There is created an expendable special revenue fund known as the "Wild Game
1739     Meat Donation Fund."
1740          (3) The fund consists of:
1741          (a) donations made to the division for the purpose of addressing the processing of wild
1742     game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1743     organization to feed individuals in need;
1744          (b) appropriations from the Legislature; and
1745          (c) interest and earnings on the fund.
1746          (4) The state treasurer shall invest the money in the fund according to Title 51, Chapter
1747     7, State Money Management Act, except that the state treasurer shall deposit in the fund
1748     interest or other earnings derived from those investments [shall be deposited into the fund].
1749          (5) The division may use money in the fund only to address the processing of wild
1750     game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1751     organization to feed individuals in need.
1752          (6) The division shall coordinate with the Department of Agriculture and Food to
1753     implement this section.
1754          Section 46. Section 23A-3-207, which is renumbered from Section 23-19-43 is
1755     renumbered and amended to read:
1756          [23-19-43].      23A-3-207. Wildlife Habitat Account.
1757          (1) There is created a restricted account within the General Fund known as the
1758     "Wildlife Habitat Account."
1759          (2) The contents of the [account] Wildlife Habitat Account shall consist of:
1760          (a) revenue from the sale of licenses, permits, [stamps,] and certificates of registration[,
1761     and Wildlife Heritage certificates] as provided in Section [23-19-47] 23A-3-208;
1762          (b) money donated to the division for a purpose specified in Subsection (6); and
1763          (c) interest and earnings on account money.
1764          (3) [Revenue] The division shall use the revenue from the sale of licenses, permits,
1765     [stamps,] and certificates of registration[, and Wildlife Heritage certificates] that is deposited to

1766     the account pursuant to Section [23-19-47 shall be used by the division] 23A-3-208, after
1767     appropriation by the Legislature, as provided in Subsections (4) through (6).
1768          (4) (a) [Each] The division shall allocate in a fiscal year up to $70,000 or 4% of the
1769     annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1770     be allocated] for the development, restoration, and preservation of wetlands that are beneficial
1771     to waterfowl.
1772          (b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the
1773     Legislature for use by a nonprofit conservation organization for wetland development projects
1774     within the state that benefit waterfowl.
1775          (5) (a) [Each] The division shall allocate in a fiscal year up to $230,000 or 12% of the
1776     annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1777     be allocated] to upland game projects as follows:
1778          (i) the control of predators;
1779          (ii) the development, improvement, restoration, or maintenance of critical habitat
1780     through the establishment of landowner incentives, cooperative programs, or other means;
1781          (iii) the acquisition or preservation of critical habitat;
1782          (iv) landowner habitat education and assistance programs;
1783          (v) public access to private lands; and
1784          (vi) upland game transplant and reintroduction programs.
1785          [(b) As used in this section "upland game" means pheasant, quail, chukar, partridge,
1786     sage grouse, sharp-tailed grouse, Hungarian partridge, ruffed grouse, blue grouse, ptarmigan,
1787     mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.]
1788          [(c)] (b) Money allocated to upland game may not be used for the acquisition,
1789     development, improvement, restoration, or maintenance of habitat within commercial hunting
1790     areas.
1791          [(d)] (c) No more than 5% of the money allocated to upland game may be used for
1792     landowner habitat education programs.
1793          [(e)] (d) The division shall use money allocated to upland game [shall be used] for

1794     programs and activities relating to upland game species based generally upon the proportion of
1795     average annual hunter participation for each species.
1796          [(f)] (e) Projects for which free public access is assured shall receive first priority for
1797     funding from money allocated to upland game.
1798          [(g)] (f) Projects for which public access is assured shall receive second priority for
1799     funding from money allocated to upland game.
1800          (6) The division shall use remaining money in the [account shall be used] Wildlife
1801     Habitat Account for the following purposes:
1802          (a) the enhancement, acquisition, preservation, protection, and management of aquatic
1803     and terrestrial wildlife habitat; and
1804          (b) to improve access for fishing and hunting.
1805          (7) The division shall seek the advice and recommendations of the Habitat Council,
1806     created by the division, regarding the expenditure of account money.
1807          (8) Donations of money deposited into the [account] Wildlife Habitat Account and
1808     interest earned on that money shall be expended:
1809          (a) as directed by the donor; and
1810          (b) without being appropriated by the Legislature.
1811          Section 47. Section 23A-3-208, which is renumbered from Section 23-19-47 is
1812     renumbered and amended to read:
1813          [23-19-47].      23A-3-208. Portion of revenue from license, permit, and certificate
1814     of registration fees deposited into Wildlife Habitat Account.
1815          (1) Fifty cents of the fee charged for [any of the following licenses or stamps] a
1816     one-day fishing license shall be deposited in the Wildlife Habitat Account created in Section
1817     [23-19-43:] 23A-3-207.
1818          [(a) a one-day fishing license; or]
1819          [(b) a one-day fishing stamp.]
1820          (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
1821     permits shall be deposited in the Wildlife Habitat Account created in Section [23-19-43]

1822     23A-3-207:
1823          (a) a fishing license, except any one-day fishing license;
1824          (b) a hunting license;
1825          (c) a combination license;
1826          (d) a furbearer license; or
1827          (e) a fishing permit[, except any fish stamp].
1828          (3) Four dollars and seventy-five cents of the fee charged for any of the following
1829     certificates of registration[, permits, or Wildlife Heritage certificates] or permits shall be
1830     deposited in the Wildlife Habitat Account created in Section [23-19-43] 23A-3-207:
1831          (a) a certificate of registration for the dedicated hunter program, except a certificate of
1832     registration issued to a lifetime licensee;
1833          (b) a big game permit;
1834          (c) a bear permit;
1835          (d) a cougar permit;
1836          (e) a turkey permit; or
1837          (f) a muskrat permit[; or]
1838          [(g) a Wildlife Heritage certificate].
1839          Section 48. Section 23A-3-209, which is renumbered from Section 23-19-48 is
1840     renumbered and amended to read:
1841          [23-19-48].      23A-3-209. Predator Control Restricted Account.
1842          (1) There is created a restricted account within the General Fund known as the
1843     "Predator Control Restricted Account."
1844          (2) The [restricted account] Predator Control Restricted Account includes:
1845          (a) deposits made to the [restricted account] Predator Control Restricted Account from
1846     fees established on hunting permits in accordance with Section [23-19-22] 23A-4-703; and
1847          (b) [any other amount] other amounts deposited in the [restricted account] Predator
1848     Control Restricted Account from donations or appropriations.
1849          (3) [Money from the restricted account shall be used by the] The division shall use

1850     money from the Predator Control Restricted Account to fund a predator control program to
1851     control populations of predatory animals that endanger the health of nonpredatory wildlife
1852     populations in the state, consistent with the policies of the Wildlife Board.
1853          Section 49. Section 23A-3-210, which is renumbered from Section 23-15-14 is
1854     renumbered and amended to read:
1855          [23-15-14].      23A-3-210. State Fish Hatchery Maintenance Account.
1856          (1) There is created a restricted account within the General Fund known as the "State
1857     Fish Hatchery Maintenance Account."
1858          (2) The following money shall be deposited into the [account] State Fish Hatchery
1859     Maintenance Account:
1860          (a) $2.00 of [each] a fishing license fee or combination license fee; and
1861          (b) interest and earnings on account money.
1862          (3) [Money in the account shall be used by the] The division, after appropriation by the
1863     Legislature, shall use money in the State Fish Hatchery Maintenance Account for major repairs
1864     or replacement of facilities and equipment at fish hatcheries owned and operated by the
1865     division for the production and distribution of fish to enhance sport fishing opportunities in the
1866     state.
1867          Section 50. Section 23A-3-211, which is renumbered from Section 23-27-305 is
1868     renumbered and amended to read:
1869          [23-27-305].      23A-3-211. Aquatic Invasive Species Interdiction Account.
1870          (1) There is created within the General Fund a restricted account known as the
1871     "Aquatic Invasive Species Interdiction Account."
1872          (2) The [restricted account] Aquatic Invasive Species Interdiction Account shall consist
1873     of:
1874          (a) nonresident aquatic invasive species fees collected under Section [23-27-304]
1875     23A-10-304;
1876          (b) resident aquatic invasive species fees collected under Section 73-18-26; and
1877          (c) [any other amount] other amounts deposited in the [restricted account] Aquatic

1878     Invasive Species Interdiction Account from donations, appropriations, contractual agreements,
1879     and accrued interest.
1880          (3) Upon appropriation, the division shall use the fees collected under [Sections
1881     23-27-305] this section and Section 73-18-26 and deposited in the Aquatic Invasive Species
1882     Account to fund aquatic invasive species prevention and containment efforts.
1883          Section 51. Section 23A-3-212, which is renumbered from Section 23-30-103 is
1884     renumbered and amended to read:
1885          [23-30-103].      23A-3-212. Mule Deer Protection Account.
1886          (1) There is created a restricted account within the General Fund known as the "Mule
1887     Deer Protection Restricted Account."
1888          (a) The [restricted account] Mule Deer Protection Restricted Account shall consist of:
1889          (i) appropriations made by the Legislature; and
1890          (ii) grants or donations from:
1891          (A) the federal government;
1892          (B) a state agency;
1893          (C) a local government; or
1894          (D) a person.
1895          (b) The division shall administer the [restricted account] Mule Deer Protection
1896     Restricted Account.
1897          (2) Subject to appropriation, the division may expend money in the [restricted account]
1898     Mule Deer Protection Restricted Account on:
1899          (a) a program established by rule under Subsection [23-30-104] 23A-11-402(1);
1900          (b) a contract for targeted predator control described in Subsection [23-30-104]
1901     23A-11-402(3)(a);
1902          (c) predator control education and training related to mule deer protection described in
1903     Subsection [23-30-104] 23A-11-402(3)(b); and
1904          (d) administration costs incurred to carry out [the requirements of this chapter] Chapter
1905     11, Part 4, Mule Deer Protection.

1906          Section 52. Section 23A-3-213, which is renumbered from Section 23-19-17.7 is
1907     renumbered and amended to read:
1908          [23-19-17.7].      23A-3-213. Wildlife Resources Trust Account.
1909          (1) There is created within the General Fund a restricted account to be known as the
1910     "Wildlife Resources Trust Account[. All fees]." Fees received from the sale of lifetime licenses
1911     shall be deposited in that account.
1912          (2) [All interest] Interest earned by investments of the funds in the Wildlife Resources
1913     Trust Account shall, on July 1 of each year, be deposited in the Wildlife Resources Account
1914     created in Section [23-14-13] 23A-3-201.
1915          (3) Money in the Wildlife Resources Trust Account is subject to the restriction in
1916     Section [23-22-2] 23A-2-402 that no money paid to the state for hunting and fishing license
1917     fees shall be diverted for any other purpose than the enhancement of wildlife by the [Division
1918     of Wildlife Resources] division.
1919          Section 53. Section 23A-3-301, which is renumbered from Section 23-31-102 is
1920     renumbered and amended to read:
1921     
Part 3. Utah Natural Resources Legacy Fund

1922          [23-31-102].      23A-3-301. Definitions.
1923          As used in this [chapter] part:
1924          (1) "Board" means the Utah Natural Resources Legacy Fund Board created in Section
1925     [23-31-202] 23A-3-305.
1926          [(2) "Department" means the Department of Natural Resources.]
1927          [(3)] (2) "Legacy fund" means the Utah Natural Resources Legacy Fund created in
1928     Section [23-31-201] 23A-3-304.
1929          Section 54. Section 23A-3-302, which is renumbered from Section 23-31-103 is
1930     renumbered and amended to read:
1931          [23-31-103].      23A-3-302. Application to mineral estates.
1932          This [chapter] part does not change law regarding:
1933          (1) the primacy of a mineral estate;

1934          (2) limiting access to a mineral estate; or
1935          (3) limiting development of a mineral estate.
1936          Section 55. Section 23A-3-303, which is renumbered from Section 23-31-104 is
1937     renumbered and amended to read:
1938          [23-31-104].      23A-3-303. Reporting.
1939          The division shall annually report to the governor and the Natural Resources,
1940     Agriculture, and Environment Interim Committee on or before September 1 with respect to:
1941          (1) federal grants, state appropriations, and other contributions, grants, gifts, transfers,
1942     bequests, and donations received and credited to the legacy fund during the preceding fiscal
1943     year; and
1944          (2) expenditures from the legacy fund under Section [23-31-203] 23A-3-306.
1945          Section 56. Section 23A-3-304, which is renumbered from Section 23-31-201 is
1946     renumbered and amended to read:
1947          [23-31-201].      23A-3-304. Utah Natural Resources Legacy Fund.
1948          (1) There is created an expendable special revenue fund known as the "Utah Natural
1949     Resources Legacy Fund."
1950          (2) The legacy fund consists of:
1951          (a) appropriations to the legacy fund by the Legislature;
1952          (b) federal grants accepted by the department or a division of the department and
1953     specifically directed to the legacy fund; and
1954          (c) contributions, grants, gifts, transfers, bequests, and donations to the legacy fund
1955     accepted by the department and specifically directed to the legacy fund.
1956          (3) (a) The [account] legacy fund shall earn interest.
1957          (b) The interest described in Subsection (3)(a) shall be deposited into the [account]
1958     legacy fund.
1959          Section 57. Section 23A-3-305, which is renumbered from Section 23-31-202 is
1960     renumbered and amended to read:
1961          [23-31-202].      23A-3-305. Utah Natural Resources Legacy Fund Board.

1962          (1) Subject to Subsection (12), there is created within the department the Utah Natural
1963     Resources Legacy Fund Board that consists of eight members as follows:
1964          (a) the following voting members:
1965          (i) two members representing the agriculture industry, appointed by the commissioner
1966     of the Department of Agriculture and Food;
1967          (ii) one member representing a non-government entity that has as a primary purpose
1968     conserving non-game wildlife and habitat, appointed by the director [of the Division of
1969     Wildlife Resources];
1970          (iii) one member representing hunting, fishing, and trapping interests in Utah,
1971     appointed by the director [of the Division of Wildlife Resources];
1972          (iv) one member representing mineral extraction and development interests, appointed
1973     by the director of the Division of Oil, Gas, and Mining;
1974          (v) one member representing water development and distribution interests, appointed
1975     by the executive director [of the department]; and
1976          (vi) one at-large member, appointed by the executive director [of the department]; and
1977          (b) the director [of the division] as a nonvoting member.
1978          (2) A voting member of the board shall be appointed for a three-year term.
1979          (3) Notwithstanding Subsection (2), terms of board members are staggered as follows
1980     so that approximately one-third of the board is appointed every year:
1981          (a) the initial individuals appointed under Subsections (1)(a)(i) and (ii) shall be
1982     appointed for three-year terms;
1983          (b) the initial individuals appointed under Subsections (1)(a)(iii) and (iv) shall be
1984     appointed for two-year terms; and
1985          (c) the initial individuals appointed under Subsections (1)(a)(v) and (vi) shall be
1986     appointed for one-year terms.
1987          (4) An individual may be appointed to more than one term.
1988          (5) When a vacancy occurs in the membership for any reason, an individual shall be
1989     appointed in accordance with Subsection (1) to replace the member for the unexpired term.

1990          (6) The board shall elect one member to serve as chair of the board.
1991          (7) The board shall meet regularly as called by the chair.
1992          (8) Four voting members constitute a quorum.
1993          (9) An action by the majority of voting members present when a quorum is present is
1994     an action of the board.
1995          (10) A member may not receive compensation or benefits for the member's service, but
1996     may receive per diem and travel expenses in accordance with:
1997          (a) Section 63A-3-106;
1998          (b) Section 63A-3-107; and
1999          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2000     63A-3-107.
2001          (11) The division shall staff the board.
2002          (12) The board is not created and may not begin operation until the legacy fund
2003     described in Section [23-31-201] 23A-3-304 holds at least $200,000.
2004          Section 58. Section 23A-3-306, which is renumbered from Section 23-31-203 is
2005     renumbered and amended to read:
2006          [23-31-203].      23A-3-306. Uses of legacy fund.
2007          (1) Each year, when the board creates a budget, the board shall allocate:
2008          (a) 40% of the budget:
2009          (i) for staff and expenses to administer the legacy fund under this [chapter] part;
2010          (ii) to conduct research, monitoring, and management actions that benefit non-game
2011     species; or
2012          (iii) to otherwise reduce the likelihood of future species listings under the Endangered
2013     Species Act, 16 U.S.C. Sec. 1531 et seq.; and
2014          (b) 60% of the budget to fund the following projects that provide the following
2015     landscape level conservation benefits:
2016          (i) preserving open spaces, wildlife habitat, and critical agricultural lands;
2017          (ii) providing perpetual access for hunting, fishing, or trapping;

2018          (iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment,
2019     and the multiple use of renewable natural resources attributable to residential, mineral, and
2020     industrial development; or
2021          (iv) preserving a viable agricultural industry.
2022          (2) (a) The board shall make recommendations to the division regarding expenditures
2023     from the legacy fund for the purposes described in Subsection (1)(b).
2024          (b) The division shall consider the board's recommendations in approving an
2025     expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's
2026     recommendation, the director [of the division] shall provide the board with a written
2027     explanation of the reason for the rejection.
2028          (3) In performing the actions described in Subsection (1)(b), the division shall comply
2029     with [the requirements described in Section 23-21-1.5] Section 23A-6-202.
2030          (4) This section does not give the division the power of eminent domain.
2031          (5) The division may not use assets from the legacy fund for litigation.
2032          (6) Money in the legacy fund may not be used to develop or implement a habitat
2033     conservation plan required under federal law unless the federal government pays for at least
2034     one-third of the habitat conservation plan costs.
2035          Section 59. Section 23A-4-101 is enacted to read:
2036     
CHAPTER 4. LICENSES, PERMITS, CERTIFICATES OF REGISTRATION, AND

2037     
TAGS

2038     
Part 1. General Provisions

2039          23A-4-101. Definitions.
2040          Reserved.
2041          Section 60. Section 23A-4-201, which is renumbered from Section 23-19-1 is
2042     renumbered and amended to read:
2043     
Part 2. Basic Requirements

2044          [23-19-1].      23A-4-201. Possession of licenses, certificates of registration,
2045     permits, and tags required -- Nonassignability -- Exceptions -- Nature of licenses, permits,

2046     or tags issued by the division.
2047          (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
2048     protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
2049          (a) procures the necessary licenses, certificates of registration, permits, or tags required
2050     under this title, by rule made by the Wildlife Board under this title, or by an order or
2051     proclamation [issued in accordance with a rule made by the Wildlife Board under this title];
2052     and
2053          (b) carries in the person's possession while engaging in the activities described in
2054     Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
2055     rule made by the Wildlife Board under this title, or by an order or proclamation [issued in
2056     accordance with a rule made by the Wildlife Board under this title].
2057          (2) Except as provided in Subsection (3) a person may not:
2058          (a) lend, transfer, sell, give, or assign:
2059          (i) a license, certificate of registration, permit, or tag belonging to the person; or
2060          (ii) a right granted by a license, certificate of registration, permit, or tag; or
2061          (b) use or attempt to use a license, certificate of registration, permit, or tag of another
2062     person.
2063          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2064     Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
2065     to:
2066          (a) transport wildlife;
2067          (b) allow a person to take protected wildlife for another person if:
2068          (i) the person possessing the license, certificate of registration, permit, or tag has a
2069     permanent physical impairment due to a congenital or acquired injury or disease; and
2070          (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
2071     disability that renders the person physically unable to use a legal hunting weapon or fishing
2072     device;
2073          (c) allow a resident minor under 18 years [of age] old to use the resident or nonresident

2074     hunting permit of another person if:
2075          (i) the resident minor is otherwise legally eligible to hunt; and
2076          (ii) the permit holder:
2077          (A) receives no form of compensation or remuneration for allowing the minor to use
2078     the permit;
2079          (B) obtains the division's prior written approval to allow the minor to use the permit;
2080     and
2081          (C) accompanies the minor, for the purposes of advising and assisting during the hunt,
2082     at a distance where the permit holder can communicate with the minor, in person, by voice or
2083     visual signals; or
2084          (d) subject to the requirements of Subsection (4), transfer to another person a certificate
2085     of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
2086     connection with the sale or transfer of the brine shrimp harvest operation or harvesting
2087     equipment.
2088          (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
2089     shrimp eggs if:
2090          (a) the person submits to the division an application to transfer the certificate on a form
2091     provided by the division;
2092          (b) the proposed transferee meets [all] the requirements necessary to obtain an original
2093     certificate of registration; and
2094          (c) the division approves the transfer of the certificate.
2095          (5) A person is not required to obtain a license, certificate of registration, permit, or tag
2096     to:
2097          (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
2098     made by the Wildlife Board under this title or by an order or proclamation [issued in
2099     accordance with a rule made by the Wildlife Board under this title];
2100          (b) fish at a private fish pond operated in accordance with Section [23-15-10; or]
2101     23A-9-203;

2102          (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
2103     propagate, keep, and release for shooting in accordance with a certificate of registration issued
2104     under Section [23-17-6.] 23A-12-202; or
2105          (d) take fish at a short-term fishing event.
2106          (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
2107     rules of the Wildlife Board issued pursuant to [authority granted by] this title, to take protected
2108     wildlife is:
2109          (i) a privilege; and
2110          (ii) not a right or property for any purpose.
2111          (b) A point or other form of credit issued to, or accumulated by, a person under
2112     procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
2113     hunting permit in a division-administered drawing:
2114          (i) may not be transferred, sold, or assigned to another person; and
2115          (ii) is not a right or property for any purpose.
2116          Section 61. Section 23A-4-202, which is renumbered from Section 23-19-2 is
2117     renumbered and amended to read:
2118          [23-19-2].      23A-4-202. License, permit, and certificate forms prescribed by
2119     Wildlife Board.
2120          (1) The Wildlife Board shall prescribe the form of a license, permit, or certificate of
2121     registration to be used for hunting, fishing, trapping, seining, and dealing in furs.
2122          (2) A license, permit, or certificate of registration may be paper-based or in electronic
2123     format pursuant to the rules [established] made by the Wildlife Board in accordance with Title
2124     63G, Chapter 3, Utah Administrative Rulemaking Act.
2125          (3) A license issued pursuant to Section [23-19-36] 23A-4-305 shall be designated as
2126     such by a code number and may not contain a reference to the licensee's disability.
2127          Section 62. Section 23A-4-203, which is renumbered from Section 23-19-3 is
2128     renumbered and amended to read:
2129          [23-19-3].      23A-4-203. Tag as supplement to licenses and permits.

2130          The division may issue, [as supplements to appropriate licenses and permits, special
2131     tags] as a supplement to the appropriate license or permit, a tag for protected wildlife, as
2132     determined by the Wildlife Board.
2133          Section 63. Section 23A-4-204, which is renumbered from Section 23-19-4 is
2134     renumbered and amended to read:
2135          [23-19-4].      23A-4-204. Alien's and nonresident peace officer's ability to obtain
2136     licenses and certificates.
2137          (1) An alien resident of [the State of] Utah may purchase a hunting, fishing, trapping,
2138     seining, and fur dealer [licenses and certificates of registration] license or certificate of
2139     registration upon the same terms as a resident citizen.
2140          (2) [All nonresident aliens] A nonresident alien may purchase a hunting, fishing,
2141     trapping, seining, [and] or fur dealer [licenses and certificates] license or certificate of
2142     registration upon the same terms as nonresident citizens.
2143          (3) Notwithstanding Subsection [23-19-5] 23A-4-1101(1)(b), a nonresident may
2144     purchase a hunting, fishing, trapping, seining, and fur dealer license [and] or certificate of
2145     registration upon the same terms as a resident citizen if the person is:
2146          (a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace
2147     Officer Classifications; and
2148          (b) required to live outside the state as a condition of the person's employment.
2149          Section 64. Section 23A-4-205, which is renumbered from Section 23-19-7 is
2150     renumbered and amended to read:
2151          [23-19-7].      23A-4-205. Expiration date of licenses, permits, and certificates of
2152     registration.
2153          (1) The Wildlife Board shall establish the term and expiration date for a license,
2154     permit, [and] or certificate of registration issued under this title.
2155          (2) The division shall indicate the term and expiration date established under
2156     Subsection (1) on [each] a license, permit, [and] or certificate of registration.
2157          Section 65. Section 23A-4-206, which is renumbered from Section 23-19-8 is

2158     renumbered and amended to read:
2159          [23-19-8].      23A-4-206. Signature on documents -- Considered under oath --
2160     Prohibition on use of unsigned documents.
2161          (1) A person's signature on a license, permit, tag, or certificate of registration is
2162     certification of that person's eligibility to use the license, permit, tag, or certificate of
2163     registration for the purpose intended by this title.
2164          (2) [The] A signature described in Subsection (1) need not be notarized but shall be
2165     considered to be made under oath.
2166          (3) A signature may be an electronic signature if allowed by rule made by the Wildlife
2167     Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2168          [(3)] (4) A person may not use an unsigned license, permit, tag, or certificate of
2169     registration.
2170          Section 66. Section 23A-4-207, which is renumbered from Section 23-19-38 is
2171     renumbered and amended to read:
2172          [23-19-38].      23A-4-207. Sales of licenses, certificates, or permits final --
2173     Exceptions -- Reallocation of surrendered permits.
2174          (1) [Sales of all licenses, certificates, or permits are final, and no refunds may be made
2175     by the division] A sale of a license, permit, or certificate is final, and the division may not
2176     refund money except as provided in Subsections (2) and (3) or Section 23A-4-301.
2177          (2) The division may refund the amount of [the] a license, certificate, or permit if:
2178          (a) the division or the Wildlife Board discontinues the activity for which the license,
2179     certificate, or permit was obtained;
2180          (b) the division determines that [it] the division has erroneously collected a fee;
2181          (c) (i) the person to whom the license, certificate, or permit is issued becomes ill or
2182     suffers an injury that precludes the person from using the license, certificate, or permit;
2183          (ii) the person furnishes verification of illness or injury from a physician or physician
2184     assistant;
2185          (iii) the person does not actually use the license, certificate, or permit; and

2186          (iv) the license, certificate, or permit is surrendered before the end of the season for
2187     which the permit was issued; or
2188          (d) the person to whom the license, certificate, or permit is issued dies [prior to] before
2189     the person being able to use the license, certificate, or permit.
2190          (3) The Wildlife Board may establish additional exceptions [in rule] to the refund
2191     prohibitions in Subsection (1) by rule made in accordance with Title 63G, Chapter 3, Utah
2192     Administrative Rulemaking Act.
2193          (4) The [division] director may reallocate surrendered permits in accordance with rules
2194     [adopted] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
2195     Administrative Rulemaking Act.
2196          Section 67. Section 23A-4-208, which is renumbered from Section 23-19-10 is
2197     renumbered and amended to read:
2198          [23-19-10].      23A-4-208. Duplicate license, permit, tag, or certificate of
2199     registration.
2200          If an unexpired license, permit, tag, or certificate of registration issued under [the
2201     provisions of this code] this title is destroyed, lost, or stolen, the [Division of Wildlife
2202     Resources and its] division, a person designated by the director, or the division's authorized
2203     license agents may issue a duplicate license, permit, tag, or certificate of registration in
2204     accordance with the rules set and fees determined by the Wildlife Board.
2205          Section 68. Section 23A-4-209, which is renumbered from Section 23-19-42 is
2206     renumbered and amended to read:
2207          [23-19-42].      23A-4-209. Search and rescue surcharge.
2208          (1) In addition to the fees imposed under this [chapter] title, there is imposed a 25 cent
2209     surcharge on [each] a fishing, hunting, or combination license.
2210          (2) [This] The surcharge imposed under Subsection (1) shall be deposited in the
2211     General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program
2212     created under Section [53-2a-1101] 53-2a-1102.
2213          Section 69. Section 23A-4-210, which is renumbered from Section 23-19-45 is

2214     renumbered and amended to read:
2215          [23-19-45].      23A-4-210. Fees and certificates of registration to harvest brine
2216     shrimp eggs.
2217          [(1)] The Wildlife Board may not impose [fees] a fee to harvest brine shrimp eggs other
2218     than a certificate of registration [fees] fee.
2219          [(2) Each person holding certificates of registration for the harvesting of brine shrimp
2220     eggs in the 1996-97 harvesting season may obtain the same number of certificates of
2221     registration for the 1997-98 and 1998-99 harvesting seasons upon payment of the required fee.]
2222          Section 70. Section 23A-4-301, which is renumbered from Section 23-19-38.2 is
2223     renumbered and amended to read:
2224     
Part 3. Special Circumstances

2225          [23-19-38.2].      23A-4-301. Refunds for armed forces or public health or
2226     safety organization members.
2227          (1) A member of the United States Armed Forces or public health or public safety
2228     organization who is mobilized or deployed on order in the interest of national defense or
2229     emergency and is precluded from using a purchased license, certificate, tag, or permit, may, as
2230     provided in Subsection (2):
2231          (a) receive a refund from the division; and
2232          (b) if the person has drawn a permit, have [all] the opportunities to draw that permit in
2233     a future draw reinstated.
2234          (2) To qualify, the person or a legal representative shall:
2235          (a) notify the division within a reasonable amount of time that the person is applying
2236     for a refund;
2237          (b) surrender the license, certificate, tag, or permit to the division; and
2238          (c) furnish satisfactory proof to the division that the person:
2239          (i) is a member of:
2240          (A) the United States Armed Forces;
2241          (B) a public health organization; or

2242          (C) a public safety organization; and
2243          (ii) was precluded from using the license, certificate, tag, or permit as a result of being
2244     called to active duty.
2245          (3) The Wildlife Board may [adopt] make rules in accordance with Title 63G, Chapter
2246     3, Utah Administrative Rulemaking Act, necessary to administer this section including
2247     allowing retroactive refund to September 11, 2001.
2248          Section 71. Section 23A-4-302, which is renumbered from Section 23-19-38.3 is
2249     renumbered and amended to read:
2250          [23-19-38.3].      23A-4-302. Licenses for disabled veterans.
2251          (1) The [division] Wildlife Board shall make rules in accordance with Title 63G,
2252     Chapter 3, Utah Administrative Rulemaking Act, under which a veteran with a disability may
2253     receive a hunting, fishing, or combination license free or at a reduced price.
2254          (2) In making rules under this section, the [division] Wildlife Board shall:
2255          (a) use the same guidelines for disability as the United States Department of Veterans
2256     Affairs; and
2257          (b) provide at a minimum a reduction under this section of 25% of the full fee.
2258          Section 72. Section 23A-4-303, which is renumbered from Section 23-19-14 is
2259     renumbered and amended to read:
2260          [23-19-14].      23A-4-303. Persons residing in certain institutions may fish without
2261     license.
2262          (1) The [Division of Wildlife Resources] division shall permit a person to fish without
2263     a license if:
2264          (a) (i) the person resides in:
2265          (A) the Utah State Developmental Center in American Fork;
2266          (B) the state hospital;
2267          (C) a veterans hospital;
2268          (D) a veterans nursing home;
2269          (E) a mental health center;

2270          (F) an intermediate care facility for people with an intellectual disability;
2271          (G) a group home licensed by the Department of Human Services and operated under
2272     contract with the Division of Services for People with Disabilities;
2273          (H) a group home or other community-based placement licensed by the Department of
2274     Human Services and operated under contract with the Division of Juvenile Justice Services;
2275          (I) a private residential facility for at-risk youth licensed by the Department of Human
2276     Services; or
2277          (J) another similar institution approved by the division; or
2278          (ii) the person is a youth who participates in a work camp operated by the Division of
2279     Juvenile Justice Services;
2280          (b) the person is properly supervised by a representative of the institution described in
2281     Subsection (1)(a); and
2282          (c) the institution described in Subsection (1)(a) obtains from the division a certificate
2283     of registration that specifies:
2284          (i) the date and place where the person will fish; and
2285          (ii) the name of the institution's representative who will supervise the person fishing.
2286          (2) The institution described in Subsection (1) shall apply for the certificate of
2287     registration at least 10 days before the fishing outing.
2288          (3) (a) An institution that receives a certificate of registration authorizing at-risk youth
2289     to fish shall provide instruction to the youth on fishing laws and regulations.
2290          (b) The division shall provide educational materials to the institution to assist [it] the
2291     institution in complying with Subsection (3)(a).
2292          Section 73. Section 23A-4-304, which is renumbered from Section 23-19-14.5 is
2293     renumbered and amended to read:
2294          [23-19-14.5].      23A-4-304. Persons participating in youth organization or
2295     school activity may fish without license.
2296          (1) As used in this section:
2297          (a) "School" means an elementary school or a secondary school that:

2298          (i) is a public or private school located in the state; and
2299          (ii) provides student instruction for one or more years of kindergarten through grade 9.
2300          (b) "Youth organization" means a local Utah chapter of:
2301          (i) the Boy Scouts of America;
2302          (ii) the Girls Scouts of the USA; or
2303          (iii) an organization that:
2304          (A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and
2305          (B) promotes character building through outdoor activities.
2306          (2) The [Division of Wildlife Resources] division shall permit a person to fish without
2307     a license during a youth organization or school activity if:
2308          (a) the person is:
2309          (i) (A) a member of the youth organization; or
2310          (B) a student enrolled in the school; and
2311          (ii) younger than 16 years old;
2312          (b) the fishing is in compliance with [all] the fishing statutes and rules;
2313          (c) the activity is part of a recreational or instructional program of the youth
2314     organization or school; and
2315          (d) an adult leader of the activity obtains from the youth organization or school:
2316          (i) a valid tour permit; or
2317          (ii) documentation that specifies:
2318          (A) the date and place of the fishing activity;
2319          (B) the name of the adult leader that will supervise the fishing; and
2320          (C) that the activity is officially sanctioned or authorized by the youth organization or
2321     school.
2322          (3) (a) The adult leader shall:
2323          (i) possess a valid Utah fishing or combination license; and
2324          (ii) instruct the activity participants on fishing statutes and rules.
2325          (b) The division shall provide educational materials on [its] the division's website to

2326     assist the adult leader in complying with Subsection (3)(a).
2327          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2328     Wildlife Board shall adopt rules specifying the form of the documentation required under
2329     Subsection (2)(d)(ii).
2330          Section 74. Section 23A-4-305, which is renumbered from Section 23-19-36 is
2331     renumbered and amended to read:
2332          [23-19-36].      23A-4-305. Persons with a physical or intellectual disability,
2333     terminally ill persons, and children in the custody of the state may fish for free.
2334          (1) A resident who is blind, has paraplegia, or has another permanent disability so as to
2335     be permanently confined to a wheelchair or the use of crutches, or who has lost either or both
2336     lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this
2337     fact to the [Division of Wildlife Resources] division.
2338          (2) A resident who has an intellectual disability and is not eligible under Section
2339     [23-19-14] 23A-4-303 to fish without a license may receive a free license to fish upon
2340     furnishing verification from a physician or physician assistant that the person has an
2341     intellectual disability.
2342          (3) A resident who is terminally ill, and has less than five years to live, may receive a
2343     free license to fish:
2344          (a) upon furnishing verification from a physician or physician assistant; and
2345          (b) if the resident qualifies for assistance under [any] a low income public assistance
2346     program administered by a state agency.
2347          (4) A child placed in the custody of the state by a court order may receive a free fishing
2348     license upon furnishing verification of custody to the [Division of Wildlife Resources]
2349     division.
2350          Section 75. Section 23A-4-306, which is renumbered from Section 23-19-39 is
2351     renumbered and amended to read:
2352          [23-19-39].      23A-4-306. Additional appropriation.
2353          The division each year shall request the Legislature to appropriate from the General

2354     Fund in [the] an appropriations act, for deposit in the Wildlife Resources Restricted Account, a
2355     sum equal to the total of the fees, as determined by the previous year's license sales, that would
2356     have otherwise been collected for fishing licenses had full fees been paid by those 65 years [of
2357     age] old or older or those who received free fishing privileges under [the provisions of Section
2358     23-19-14 or 23-19-36] Section 23A-4-303 or 23A-4-305.
2359          Section 76. Section 23A-4-401, which is renumbered from Section 23-19-17 is
2360     renumbered and amended to read:
2361     
Part 4. Combined or Lifetime Licenses

2362          [23-19-17].      23A-4-401. Resident fishing and hunting license -- Use of fee.
2363          (1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
2364     provided by the Wildlife Board's rules, a combination license to:
2365          (a) fish;
2366          (b) hunt for small game; and
2367          (c) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2368          (2) Up to $1 of the combination license fee may be used for the hunter education
2369     program for any of the following:
2370          (a) instructor and student training;
2371          (b) assisting local organizations with development;
2372          (c) maintenance of existing facilities; or
2373          (d) operation and maintenance of the hunter education program.
2374          (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
2375     program to:
2376          (i) acquire pen-raised birds; or
2377          (ii) capture and transplant upland game species.
2378          (b) The combination license fee revenue designated for the upland game program by
2379     Subsection (3)(a) is in addition to [any] combination license fee revenue that may be used for
2380     the upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
2381     23A-3-208.

2382          Section 77. Section 23A-4-402, which is renumbered from Section 23-19-17.5 is
2383     renumbered and amended to read:
2384          [23-19-17.5].      23A-4-402. Lifetime hunting and fishing licenses.
2385          (1) [Lifetime licensees] A lifetime licensee who is born after December 31, 1965, shall
2386     complete the hunter education requirements under Section [23-19-11] 23A-4-1001 before
2387     engaging in hunting.
2388          (2) A lifetime license [shall remain] remains valid if the residency of the lifetime
2389     licensee changes to another state or country.
2390          (3) (a) A lifetime license may be used in lieu of a hunting or fishing license.
2391          (b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag
2392     of the lifetime licensee's choice for one of the following general season deer hunts:
2393          (i) archery;
2394          (ii) rifle; or
2395          (iii) muzzleloader.
2396          (c) A lifetime licensee is subject to each requirement for special hunting and fishing
2397     permits and tags, except as provided in Subsections (3)(a) and (b).
2398          (4) The Wildlife Board may [adopt] make rules, in accordance with Title 63G, Chapter
2399     3, Utah Administrative Rulemaking Act, necessary to carry out [the provisions of] this section.
2400          Section 78. Section 23A-4-501, which is renumbered from Section 23-19-15 is
2401     renumbered and amended to read:
2402     
Part 5. License Agents

2403          [23-19-15].      23A-4-501. Wildlife license agents.
2404          (1) The director [of the division] may designate wildlife license agents to sell licenses,
2405     permits, and tags.
2406          (2) [Wildlife license agents] A wildlife license agent may:
2407          (a) sell [licenses, permits, and tags to all eligible applicants, except those licenses,
2408     permits, and tags] a license, permit, or tag to an eligible applicant, except for a license, permit,
2409     or tag specified in Subsection [23-19-16] 23A-4-503(2) which may be sold only by the

2410     division; and
2411          (b) collect a fee for [each] a license, permit, or tag sold.
2412          (3) A wildlife license agent shall receive:
2413          (a) for [any] a wildlife license, permit, or tag having a fee equal to $10 or less [and] but
2414     greater than $1, 50 cents for [each] a wildlife license, permit, or tag sold; and
2415          (b) for [any] a wildlife license, permit, or tag having a fee greater than $10, 5% of the
2416     fee.
2417          (4) The division may require a wildlife license [agents] agent to obtain a bond in a
2418     reasonable amount.
2419          (5) (a) As directed by the division, [each] a wildlife license agent shall:
2420          (i) report [all] the wildlife license agent's sales to the division; and
2421          (ii) submit [all of] to the division the fees obtained from the sale of licenses, permits,
2422     and tags less the remuneration provided in Subsection (3).
2423          (b) If a wildlife license agent fails to pay the amount due, the division may assess a
2424     penalty of 20% of the amount due. [All delinquent payments] A delinquent payment shall bear
2425     interest at the rate of 1% per month. If the amount due is not paid because of bad faith or
2426     fraud, the division shall assess a penalty of 100% of the total amount due together with interest.
2427          (c) [All fees] Fees, except the remuneration provided in Subsection (3), shall:
2428          (i) be kept separate from the private [funds] money of the wildlife license agents; and
2429          (ii) belong to the state.
2430          (6) A wildlife license agent may not intentionally:
2431          (a) fail to date or misdate a license, permit, or tag;
2432          (b) issue a hunting license or permit to an individual until that individual furnishes
2433     proof of successful completion of a division-approved hunter education course as provided in
2434     Section [23-19-11] 23A-4-1001; or
2435          (c) issue a furbearer license to an individual until that individual furnishes proof of
2436     successful completion of a division-approved furharvester education course as provided in
2437     Section [23-19-11.5] 23A-4-1005.

2438          [(7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a
2439     class B misdemeanor.]
2440          [(b) A violation of this section is a class A misdemeanor if the aggregate amount
2441     required under Subsection (5)(a):]
2442          [(i) is at least $1,000, but less than $10,000;]
2443          [(ii) is not submitted for one or more months; and]
2444          [(iii) remains uncollectable.]
2445          [(c) A violation of this section is a felony of the third degree if the aggregate amount
2446     required under Subsection (5)(a):]
2447          [(i) is $10,000 or more;]
2448          [(ii) is not submitted for one or more months; and]
2449          [(iii) remains uncollectable.]
2450          [(8) Violation of any provision of this section may be cause for revocation of the
2451     wildlife license agent authorization.]
2452          Section 79. Section 23A-4-502 is enacted to read:
2453          23A-4-502. Violations by a wildlife license agent -- Criminal penalty.
2454          (1) A person is guilty of an unlawful act if the actor:
2455          (a) fails to take an action required by Section 23A-4-501; or
2456          (b) takes an action prohibited by Section 23A-4-501.
2457          (2) (a) Except as provided in Subsections (2)(b) and (c), a violation of Subsection (1) is
2458     a class B misdemeanor.
2459          (b) A violation of Subsection (1) is a class A misdemeanor if the aggregate amount
2460     required under Subsection 23A-4-501(5)(a):
2461          (i) is at least $1,000, but less than $10,000;
2462          (ii) is not submitted for one or more months; and
2463          (iii) remains uncollectable.
2464          (c) A violation of Subsection (1) is a felony of the third degree if the aggregate amount
2465     required under Subsection 23A-4-501(5)(a):

2466          (i) is $10,000 or more;
2467          (ii) is not submitted for one or more months; and
2468          (iii) remains uncollectable.
2469          (3) A violation of Subsection (1) may be cause for revocation of the wildlife license
2470     agent authorization.
2471          Section 80. Section 23A-4-503, which is renumbered from Section 23-19-16 is
2472     renumbered and amended to read:
2473          [23-19-16].      23A-4-503. Licenses obtained from agents of division.
2474          (1) [Licenses] A person may obtain a license provided for in [Sections 23-19-17
2475     through 23-19-27 may be obtained] the following sections from the division or one of [its] the
2476     division's authorized wildlife license agents:
2477          (a) Section 23A-4-401;
2478          (b) Section 23A-4-601;
2479          (c) Sections 23A-4-703 through 23A-4-707; and
2480          (d) Section 23A-4-901.
2481          (2) [Licenses] A person may obtain a license provided for in [Sections 23-19-17.5,
2482     23-19-34.7, and 23-19-36 may be obtained] Section 23A-4-305, 23A-4-402, or 23A-4-802 only
2483     from the division.
2484          Section 81. Section 23A-4-601, which is renumbered from Section 23-19-21 is
2485     renumbered and amended to read:
2486     
Part 6. Fishing

2487          [23-19-21].      23A-4-601. Fishing license.
2488          (1) A person 12 years [of age] old or older shall purchase a fishing license before
2489     engaging in a regulated fishing activity.
2490          (2) Upon paying the fee prescribed by the Wildlife Board, a person may obtain a
2491     license to fish and engage in a regulated fishing activity in accordance with the rules,
2492     proclamations, and orders of the Wildlife Board.
2493          (3) A person under 12 years [of age] old may fish without a license in accordance with

2494     the rules, proclamations, and orders of the Wildlife Board.
2495          Section 82. Section 23A-4-602, which is renumbered from Section 23-19-35 is
2496     renumbered and amended to read:
2497          [23-19-35].      23A-4-602. Seining registration.
2498          [Any] A person, upon application to the Wildlife Board, may be registered to seine.
2499          Section 83. Section 23A-4-701, which is renumbered from Section 23-19-14.6 is
2500     renumbered and amended to read:
2501     
Part 7. Hunting

2502          [23-19-14.6].      23A-4-701. Trial hunting authorization.
2503          (1) Upon application, the division may issue a trial hunting authorization to an
2504     individual who:
2505          (a) is 11 years [of age] old or older at the time of application;
2506          (b) is eligible under state and federal law to possess a firearm and archery equipment;
2507     and
2508          (c) (i) was born after 1965; and
2509          (ii) has not completed a division approved hunter education course.
2510          (2) Notwithstanding [the requirements of Section 23-19-11] Section 23A-4-1001, an
2511     individual who [has obtained] obtains a trial hunting authorization under Subsection (1) may
2512     obtain:
2513          (a) a hunting license under [Sections 23-19-17, 23-19-24, and 23-19-26] Section
2514     23A-4-401, 23A-4-706, or 23A-4-707; or
2515          (b) a hunting permit authorized by the Wildlife Board under Subsection (4).
2516          (3) An individual who [has obtained] obtains a hunting license or permit with a trial
2517     hunting authorization under Subsection (2) may use the license or permit if the individual is:
2518          (a) 12 years [of age] old or older; and
2519          (b) accompanied, as defined in Subsection [23-20-20] 23A-4-708(1), in the field while
2520     hunting by an individual who:
2521          (i) is 21 years [of age] old or older;

2522          (ii) is eligible under state and federal law to possess a firearm and archery equipment;
2523          (iii) possesses a current Utah hunting or combination license;
2524          (iv) has satisfied applicable hunter education requirements under this chapter; and
2525          (v) possesses the written consent of the holder's parent or legal guardian, if
2526     accompanying a holder of a trial hunting authorization who is under 18 years [of age] old.
2527          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2528     Wildlife Board may make rules to:
2529          (a) designate the types of hunting permits under Subsection (2) that may be obtained
2530     with a trial hunting authorization;
2531          (b) establish the term of a trial hunting authorization;
2532          (c) establish the number of years a person may obtain a trial hunting authorization;
2533          (d) prescribe the number of individuals using a trial hunting authorization that an
2534     individual may accompany in the field under Subsection (3) at a single time;
2535          (e) establish the application process for an individual to obtain a trial hunting
2536     authorization; and
2537          (f) administer and enforce [the provisions of] this section.
2538          Section 84. Section 23A-4-702, which is renumbered from Section 23-19-49 is
2539     renumbered and amended to read:
2540          [23-19-49].      23A-4-702. Air rifle hunting.
2541          (1) As used in this section[:     (a) "Division" means the Division of Wildlife
2542     Resources.(b) "Pre-charged], "pre-charged pneumatic air rifle" means a rifle that fires a single
2543     projectile with compressed air released from a chamber:
2544          [(i)] (a) built into the rifle; and
2545          [(ii)] (b) pressurized at a minimum of 2,000 pounds per square inch from an external
2546     high compression device or source, such as a hand pump, compressor, or scuba tank.
2547          (2) (a) An individual shall obtain a permit issued under this section before using a
2548     pre-charged pneumatic air rifle to hunt a species of wildlife designated by the Wildlife Board.
2549          (b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,

2550     Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
2551     the use of a pre-charged pneumatic air rifle.
2552          (3) The division shall review the funding available for the regulation of hunting with
2553     pre-charged pneumatic air rifles and report the division's findings to the Natural Resources,
2554     Agriculture, and Environment Interim Committee by no later than the November 2024 interim
2555     committee meeting.
2556          Section 85. Section 23A-4-703, which is renumbered from Section 23-19-22 is
2557     renumbered and amended to read:
2558          [23-19-22].      23A-4-703. Big game hunting permit.
2559          (1) A person who is at least 12 years old[, upon paying the big game hunting permit fee
2560     established by the Wildlife Board, paying the fee established by Subsection (4), and possessing
2561     a valid hunting or combination license,] may apply for or obtain a permit to hunt big game as
2562     provided by [rules and proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2563          (a) paying the big game hunting permit fee established by the Wildlife Board;
2564          (b) paying the fee established by Subsection (4); and
2565          (c) possessing a valid hunting or combination license.
2566          (2) (a) A person who is 11 years old may apply for or obtain a big game hunting permit
2567     consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
2568     calendar year for which the permit is issued.
2569          (b) A person may not use a permit to hunt big game before the person's 12th birthday.
2570          (3) [One] The division shall use one dollar of [each] a big game permit fee collected
2571     from a resident [shall be used] for the hunter education program as provided in Section
2572     [23-19-17] 23A-4-401.
2573          (4) There is established a fee in the amount of $5 added to [each] a permit under this
2574     section to be deposited in the Predator Control Restricted Account.
2575          Section 86. Section 23A-4-704, which is renumbered from Section 23-19-22.5 is
2576     renumbered and amended to read:
2577          [23-19-22.5].      23A-4-704. Cougar or bear hunting permit.

2578          (1) A person 12 years [of age] old or older[, upon paying the cougar or bear hunting
2579     permit fee established by the Wildlife Board and possessing a valid hunting or combination
2580     license,] may apply for or obtain a permit to take cougar or bear as provided by [rules and
2581     proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2582          (a) paying the cougar or bear hunting permit fee established by the Wildlife Board; and
2583          (b) possessing a valid hunting or combination license.
2584          (2) A person 11 years [of age] old may apply for or obtain a cougar or bear hunting
2585     permit consistent with the requirements of Subsection (1) if that person's 12th birthday falls
2586     within the calendar year in which the permit is issued.
2587          (3) [One] The division shall use one dollar of [each] a cougar or bear permit fee
2588     collected from a resident [shall be used] for the hunter education program.
2589          Section 87. Section 23A-4-705, which is renumbered from Section 23-19-22.6 is
2590     renumbered and amended to read:
2591          [23-19-22.6].      23A-4-705. Turkey hunting permit -- Use of fee.
2592          (1) [A person, upon paying the turkey permit fee established by the Wildlife Board and
2593     possessing a valid hunting or combination license,] A person may apply for or obtain a permit
2594     to take turkey as provided by [rules and proclamations] a rule or proclamation of the Wildlife
2595     Board[.] upon:
2596          (a) paying the turkey permit fee established by the Wildlife Board; and
2597          (b) possessing a valid hunting or combination license.
2598          (2) [One] The division shall use one dollar of [each] a turkey permit fee collected from
2599     a resident [shall be used] for the hunter education program.
2600          Section 88. Section 23A-4-706, which is renumbered from Section 23-19-24 is
2601     renumbered and amended to read:
2602          [23-19-24].      23A-4-706. Resident hunting license -- Use of fee.
2603          (1) A resident[, after paying the fee established by the Wildlife Board,] may obtain a
2604     hunting license after paying the fee established by the Wildlife Board.
2605          (2) A hunting license authorizes the licensee to, according to this title and the Wildlife

2606     Board's rules and proclamations:
2607          (a) take small game; and
2608          (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2609          (3) Up to $1 of the hunting license fee may be used for the hunter education program.
2610          (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2611     program to:
2612          (i) acquire pen-raised birds; or
2613          (ii) capture and transplant upland game species.
2614          (b) The hunting license fee revenue designated for the upland game program by
2615     Subsection (4)(a) is in addition to [any] hunting license fee revenue that may be used for the
2616     upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
2617     23A-3-208.
2618          Section 89. Section 23A-4-707, which is renumbered from Section 23-19-26 is
2619     renumbered and amended to read:
2620          [23-19-26].      23A-4-707. Nonresident hunting license -- Use of fee.
2621          (1) A nonresident[, after paying the fee established by the Wildlife Board,] may obtain
2622     a hunting license after paying the fee established by the Wildlife Board.
2623          (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
2624     Board's rules and proclamations:
2625          (a) take small game; and
2626          (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2627          (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2628     program to:
2629          (i) acquire pen-raised birds; or
2630          (ii) capture and transplant upland game species.
2631          (b) The hunting license fee revenue designated for the upland game program by
2632     Subsection (3)(a) is in addition to [any] hunting license fee revenue that may be used for the
2633     upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and

2634     23A-3-208.
2635          Section 90. Section 23A-4-708, which is renumbered from Section 23-20-20 is
2636     renumbered and amended to read:
2637          [23-20-20].      23A-4-708. Children accompanied by adults while hunting with
2638     weapon.
2639          (1) As used in this section:
2640          (a) "Accompanied" means at a distance within which visual and verbal communication
2641     is maintained for the purposes of advising and assisting.
2642          (b) (i) "Electronic device" means a mechanism powered by electricity that allows
2643     communication between two or more people.
2644          (ii) "Electronic device" includes a mobile telephone or two-way radio.
2645          (c) "Verbal communication" means the conveyance of information through speech that
2646     does not involve an electronic device.
2647          (2) A person younger than 14 years old who is hunting with [any] a weapon shall be
2648     accompanied by:
2649          (a) the person's parent or legal guardian; or
2650          (b) a responsible person who is at least 21 years old and who is approved by the
2651     person's parent or guardian.
2652          (3) A person younger than 16 years old who is hunting big game with [any] a weapon
2653     shall be accompanied by:
2654          (a) the person's parent or legal guardian; or
2655          (b) a responsible person who is at least 21 years old and who is approved by the
2656     person's parent or guardian.
2657          (4) A person who is at least 14 years old but younger than 16 years old shall be
2658     accompanied by a person who is at least 21 years old while hunting wildlife, other than big
2659     game, with [any] a weapon.
2660          Section 91. Section 23A-4-709, which is renumbered from Section 23-20-30 is
2661     renumbered and amended to read:

2662          [23-20-30].      23A-4-709. Tagging requirements.
2663          (1) The Wildlife Board may make rules that require the carcass of certain species of
2664     protected wildlife to be tagged.
2665          (2) Except as provided by the Wildlife Board by rules made in accordance with Title
2666     63G, Chapter 3, Utah Administrative Rulemaking Act, a hunter shall tag the carcass of [any] a
2667     species of protected wildlife required to be tagged [shall be tagged] before the carcass is moved
2668     from or the hunter leaves the site of kill.
2669          (3) To tag a carcass, a person shall:
2670          (a) (i) completely detach the tag from the license or permit;
2671          (ii) completely remove the appropriate notches to correspond with:
2672          (A) the date the animal was taken; and
2673          (B) the sex of the animal; and
2674          (iii) attach the tag to the carcass so that the tag remains securely fastened and visible;
2675     or
2676          (b) complete an electronic tagging certification according to standards approved by the
2677     Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2678     Rulemaking Act.
2679          (4) A person may not:
2680          (a) remove more than one notch indicating date or sex; or
2681          (b) tag more than one carcass using the same tag.
2682          Section 92. Section 23A-4-801, which is renumbered from Section 23-19-34.5 is
2683     renumbered and amended to read:
2684     
Part 8. Falconry

2685          [23-19-34.5].      23A-4-801. Falconry certificate of registration -- Residents
2686     12 or older may obtain certificate of registration -- License for falconry meet for
2687     nonresidents -- Wildlife Board approval required for falconry meet -- Hunting license
2688     required to take protected game.
2689          (1) A resident 12 years [of age] old or older[, upon application to the division,] may

2690     obtain a certificate of registration to hold falcons and engage in the sport of falconry on
2691     nongame wildlife species upon application to the division.
2692          (2) A nonresident entering Utah to participate in the sport of falconry at an organized
2693     meet shall obtain a license as provided in Section [23-19-34.7] 23A-4-802.
2694          (3) Organizers of a falconry meet shall apply to and receive approval from the Wildlife
2695     Board [in order] to conduct an organized falconry meet.
2696          (4) (a) [Any] A person engaging in the sport of falconry on protected small game
2697     species shall possess, in addition to the falconry certificate of registration, a hunting license.
2698          (b) [Any] A nonresident who has been issued a license pursuant to Section
2699     [23-19-34.7] 23A-4-802 is not required to possess a hunting license [in order] to take small
2700     game during the five-day period of the license.
2701          Section 93. Section 23A-4-802, which is renumbered from Section 23-19-34.7 is
2702     renumbered and amended to read:
2703          [23-19-34.7].      23A-4-802. Nonresident falconry meet license.
2704          (1) A nonresident 12 years [of age] old or older may participate in a falconry meet in
2705     this state upon payment of a fee prescribed by the Wildlife Board.
2706          (2) (a) A nonresident falconry meet license is valid only for five consecutive days, the
2707     dates to be designated on the license.
2708          (b) The holder of the license may engage in the sport of falconry on nongame wildlife
2709     species and small game species[,] during the specified five-day period.
2710          Section 94. Section 23A-4-901, which is renumbered from Section 23-19-27 is
2711     renumbered and amended to read:
2712     
Part 9. Furbearer License or Registration

2713          [23-19-27].      23A-4-901. Furbearer license -- Resident or nonresident.
2714          A resident or nonresident[, upon payment of the fee prescribed by the Wildlife Board,]
2715     may receive a license to take furbearers upon payment of the fee prescribed by the Wildlife
2716     Board.
2717          Section 95. Section 23A-4-902, which is renumbered from Section 23-19-31 is

2718     renumbered and amended to read:
2719          [23-19-31].      23A-4-902. Resident fur dealer registration.
2720          A resident[, upon application to the Wildlife Board,] may be registered as a fur dealer
2721     upon application to the Wildlife Board.
2722          Section 96. Section 23A-4-903, which is renumbered from Section 23-19-32 is
2723     renumbered and amended to read:
2724          [23-19-32].      23A-4-903. Nonresident fur dealer registration.
2725          A nonresident[, upon application to the wildlife board,] may be registered as a fur
2726     dealer upon application to the Wildlife Board.
2727          Section 97. Section 23A-4-904, which is renumbered from Section 23-19-33 is
2728     renumbered and amended to read:
2729          [23-19-33].      23A-4-904. Registration of fur dealer's agent.
2730          [Any] A person who is employed by a fur dealer as a fur buyer in the field[, upon
2731     application to the Wildlife Board,] may be registered as a fur dealer's agent upon application to
2732     the Wildlife Board.
2733          Section 98. Section 23A-4-905, which is renumbered from Section 23-18-5 is
2734     renumbered and amended to read:
2735          [23-18-5].      23A-4-905. Fur dealer and fur dealer's agent -- Certificates of
2736     registration required -- Receipts required.
2737          (1) (a) [Any] A person engaging in, carrying on, or conducting, wholly or in part, the
2738     business of buying, selling, trading, or dealing, within the state, in the skins or pelts of
2739     furbearing mammals [shall be deemed] is considered a fur dealer within the meaning of this
2740     [code. All fur dealers] title.
2741          (b) A fur dealer shall secure a fur dealer certificate of registration from the [Division of
2742     Wildlife Resources, but no] division, except a certificate of registration [shall be] is not
2743     required for:
2744          (i) a licensed trapper or fur farmer selling skins or pelts [which] that the licensed
2745     trapper or fur farmer has lawfully taken[,] or raised[, nor for any]; or

2746          (ii) a person who is not a fur dealer and who purchases [any such] skins or pelts
2747     described in Subsection (1)(b)(i) exclusively for the person's own use and not for sale.
2748          (2) [Any] (a) A person who is employed by a resident or nonresident fur dealer as a fur
2749     buyer, in the field, is [deemed] considered a fur dealer's agent.
2750          [Application] (b) The fur dealer employing an agent shall apply for a fur dealer's agent
2751     certificate of registration [shall be made by the fur dealer employing the agent, and no], and an
2752     agent certificate of registration [shall] may not be issued until the necessary fur dealer
2753     certificate of registration has been first secured by the employer of the agent.
2754          (3) [Receipts shall be issued by the] The vendor shall issue a receipt to the vendee
2755     whenever the skins or pelts of furbearing mammals change ownership by virtue of sale,
2756     exchange, barter, or gift[; and both]. Both the vendor and vendee shall produce [this] the
2757     receipt or evidence of legal transaction upon request by the [Division of Wildlife Resources]
2758     division or other person authorized to enforce [the provisions of this code] this title.
2759          Section 99. Section 23A-4-1001, which is renumbered from Section 23-19-11 is
2760     renumbered and amended to read:
2761     
Part 10. Education

2762          [23-19-11].      23A-4-1001. Hunter education required.
2763          (1) (a) Except as provided in Section [23-19-14.6] 23A-4-701, an individual born after
2764     December 31, 1965, may not acquire or possess a hunting license or permit unless the
2765     individual has successfully completed a division-approved hunter education course.
2766          (b) A division-approved hunter education course shall include education concerning
2767     the importance of gates and fences used in agriculture and how to properly close a gate.
2768          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2769     Wildlife Board may make rules establishing:
2770          (a) criteria and standards for approving a hunter education course, including a course
2771     offered in another state or country; and
2772          (b) procedures for verifying and documenting that an individual seeking a hunting
2773     license or permit has successfully completed a division-approved hunter education course.

2774          [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a hunting
2775     license or permit in violation of the hunter education requirements in Subsection (1).]
2776          [(b) A hunting license or permit obtained or possessed in violation of this section is
2777     invalid.]
2778          Section 100. Section 23A-4-1002, which is renumbered from Section 23-19-11.1 is
2779     renumbered and amended to read:
2780          [23-19-11.1].      23A-4-1002. Hunter education practical shooting test --
2781     Exemptions.
2782          (1) Except as provided in Subsection (2), the Wildlife Board may require that the
2783     division-approved hunter education course required by Section [23-19-11] 23A-4-1001 include
2784     a practical shooting test.
2785          (2) A member of the United States Armed Forces, including the Utah National Guard,
2786     is exempt from a practical shooting test that may be required under Subsection (1) if the
2787     member has passed firearms training in the United States Armed Forces or Utah National
2788     Guard.
2789          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2790     Wildlife Board may make rules establishing firearms test verification requirements.
2791          Section 101. Section 23A-4-1003, which is renumbered from Section 23-19-12 is
2792     renumbered and amended to read:
2793          [23-19-12].      23A-4-1003. Instruction in hunter education -- Issuance of
2794     certificate of competency.
2795          (1) The [Division of Wildlife Resources] division shall provide for [individuals] an
2796     individual interested in obtaining an instructor's certificate in hunter education a course of
2797     instruction in:
2798          (a) the safe handling of firearms;
2799          (b) conservation;
2800          (c) hunting ethics;
2801          (d) information required by Subsection [23-19-11] 23A-4-1001(1)(b); and

2802          (e) related subject matter.
2803          (2) A certified instructor may, on a voluntary basis, give instruction in the course of
2804     hunter education, as established by the [Division of Wildlife Resources] division, to eligible
2805     persons [who, upon the successful completion of the course, shall be issued]. The division shall
2806     issue a certificate of competency in hunter education upon the successful completion of the
2807     course.
2808          Section 102. Section 23A-4-1004, which is renumbered from Section 23-19-12.7 is
2809     renumbered and amended to read:
2810          [23-19-12.7].      23A-4-1004. Instruction in bow hunter education -- Issuance
2811     of certificate of completion.
2812          (1) The division shall establish criteria for a bow hunter education course, which may
2813     be offered by [any] an entity that meets the division's criteria.
2814          (2) The bow hunter education course shall include instruction in:
2815          (a) the safe use of bow hunting equipment;
2816          (b) fundamentals of bow hunting;
2817          (c) shooting and hunting techniques; and
2818          (d) hunter ethics.
2819          (3) The division shall issue a certificate of completion to a participant upon successful
2820     completion of a bow hunter education course which meets the requirements of this section and
2821     criteria established by the division.
2822          Section 103. Section 23A-4-1005, which is renumbered from Section 23-19-11.5 is
2823     renumbered and amended to read:
2824          [23-19-11.5].      23A-4-1005. Proof of furharvester education required.
2825          (1) A resident born after December 31, 1984, may not acquire or possess a furbearer
2826     license unless the individual has successfully completed a division-approved furharvester
2827     education course.
2828          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2829     Wildlife Board may make rules establishing:

2830          (a) criteria and standards for approving a furharvester education course, including a
2831     course offered in another state or country; and
2832          (b) procedures for verifying and documenting that an individual seeking a furbearer
2833     license has successfully completed a division-approved furharvester education course.
2834          [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a
2835     furbearer license in violation of the furharvester education requirements in Subsection (1).]
2836          [(b) A furbearer license or permit obtained or possessed in violation of this section is
2837     invalid.]
2838          Section 104. Section 23A-4-1006, which is renumbered from Section 23-19-12.5 is
2839     renumbered and amended to read:
2840          [23-19-12.5].      23A-4-1006. Instruction in furharvester education --
2841     Issuance of certificate of completion.
2842          (1) The division shall provide a course of instruction in safe and responsible trapping,
2843     including instruction in:
2844          (a) the use of trapping devices;
2845          (b) trapping laws;
2846          (c) trapping ethics;
2847          (d) techniques in safely releasing nontarget animals;
2848          (e) firearms safety;
2849          (f) wildlife management;
2850          (g) proper catch handling;
2851          (h) trapper health and safety; and
2852          (i) ethics relating to the avoidance of conflicts with other public land users and private
2853     landowners.
2854          (2) (a) [Certified instructors will] A certified instructor may, on a voluntary basis, give
2855     instruction in the course of furharvester education, as established by the division.
2856          (b) Upon the successful completion of the course, [each] the division shall issue to the
2857     participant in the furharvester education course [shall be issued] a certificate of completion in

2858     furharvester education.
2859          Section 105. Section 23A-4-1007, which is renumbered from Section 23-19-13 is
2860     renumbered and amended to read:
2861          [23-19-13].      23A-4-1007. Hunter and furharvester education training -- Fee.
2862          The Wildlife Board shall establish the fees to be assessed for obtaining instruction in
2863     hunter education and furharvester education.
2864          Section 106. Section 23A-4-1101, which is renumbered from Section 23-19-5 is
2865     renumbered and amended to read:
2866     
Part 11. Violations and Enforcement

2867          [23-19-5].      23A-4-1101. Fraud, deceit, or misrepresentation in obtaining a
2868     license, permit, tag, or certificate of registration -- Criminal penalty.
2869          (1) [It is unlawful for] A person may not:
2870          (a) [any person to] obtain or attempt to obtain a license, permit, tag, or certificate of
2871     registration by fraud, deceit, or misrepresentation;
2872          (b) if a nonresident [to], purchase a resident license; and
2873          (c) if a resident [to], purchase a nonresident license.
2874          [(2) Any license, permit, tag, or certificate of registration obtained in violation of
2875     Subsection (1) is invalid.]
2876          [(3) Any] (2) A person violating Subsection (1) is guilty of a class B misdemeanor.
2877          (3) A license, permit, certificate of registration, or tag obtained in violation of
2878     Subsection (1) is invalid.
2879          (4) A fraudulent claim of residency in another state or country does not exempt a
2880     person from the definition of resident in Section [23-13-2] 23A-1-101.
2881          Section 107. Section 23A-4-1102, which is renumbered from Section 23-19-5.5 is
2882     renumbered and amended to read:
2883          [23-19-5.5].      23A-4-1102. Issuance of license, permit, or tag prohibited for
2884     failure to pay child support.
2885          (1) As used in this section:

2886          (a) "Child support" means the same as that term is defined in Section 62A-11-401.
2887          (b) "Delinquent on a child support obligation" means that:
2888          (i) an individual owes at least $2,500 on an arrearage obligation of child support based
2889     on an administrative or judicial order;
2890          (ii) the individual has not obtained a judicial order staying enforcement of the
2891     individual's obligation on the amount in arrears; and
2892          (iii) the office has obtained a statutory judgment lien pursuant to Section
2893     62A-11-312.5.
2894          (c) "Office" means the Office of Recovery Services created in Section 62A-11-102.
2895          (d) "Wildlife license agent" means a person authorized under Section [23-19-15]
2896     23A-4-501 to sell a license, permit, or tag in accordance with this chapter.
2897          (2) (a) An individual who is delinquent on a child support obligation may not apply for,
2898     obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
2899     the Wildlife Board under this title, or by an order or proclamation [issued in accordance with a
2900     rule made by the Wildlife Board under this title].
2901          (b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
2902     tag in violation of Subsection (2)(a) violates Section [23-19-5] 23A-4-1101.
2903          (ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
2904          (iii) An individual who takes protected wildlife with an invalid license, permit, or tag
2905     violates Section [23-20-3] 23A-5-309.
2906          (3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
2907     until the office notifies the division that the individual who is delinquent on a child support
2908     obligation has:
2909          (i) paid the delinquency in full; or
2910          (ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
2911     months with a payment schedule entered into with the office.
2912          (b) A payment schedule under Subsection (3)(a) shall provide that the individual:
2913          (i) pay the current child support obligation in full each month; and

2914          (ii) pays an additional amount as assessed by the office pursuant to Section
2915     62A-11-320 towards the child support arrears.
2916          (c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
2917     payment schedule described in Subsection (3)(b), the office may notify the division and the
2918     individual is considered to be an individual who is delinquent on a child support obligation and
2919     cannot obtain a new license, permit, or tag without complying with this Subsection (3).
2920          (d) If an individual fails to comply with the payment schedule described in Subsection
2921     (3)(b) for one month of the 12-month period because of a transition to new employment, the
2922     individual may obtain a license, permit, or tag and is considered in compliance with this
2923     Subsection (3) if the individual:
2924          (i) provides the office with information regarding the individual's new employer within
2925     30 days from the day on which the missed payment was due;
2926          (ii) pays the missed payment within 30 days from the day on which the missed payment
2927     was due; and
2928          (iii) complies with the payment schedule for all other payments owed for child support
2929     within the 12-month period.
2930          (4) (a) The division or a wildlife license agent may not knowingly issue a license,
2931     permit, or tag under this title to an individual identified by the office as delinquent on a child
2932     support obligation until notified by the office that the individual has complied with Subsection
2933     (3).
2934          (b) The division is not required to hold or reserve a license, permit, or tag opportunity
2935     withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
2936     individual upon compliance with Subsection (3).
2937          (c) The division may immediately reissue to another qualified person a license, permit,
2938     or tag opportunity withheld from an individual identified by the office as delinquent on a child
2939     support obligation pursuant to Subsection (4)(a).
2940          (5) The office and division shall automate the process for the division or a wildlife
2941     license agent to be notified whether an individual is delinquent on a child support obligation or

2942     has complied with Subsection (3).
2943          (6) The office is responsible to provide [any] administrative or judicial review required
2944     incident to the division issuing or denying a license, permit, or tag to an individual under
2945     Subsection (4).
2946          (7) The denial or withholding of a license, permit, or tag under this section is not a
2947     suspension or revocation of license and permit privileges for purposes of:
2948          (a) Section [23-19-9] 23A-4-1106;
2949          (b) Subsection [23-20-4] 23A-5-311(1); and
2950          (c) Section [23-25-6] 23A-2-505.
2951          (8) This section does not modify a court action to withhold, suspend, or revoke a
2952     recreational license under Sections 62A-11-107 and 78B-6-315.
2953          Section 108. Section 23A-4-1103, which is renumbered from Section 23-19-6 is
2954     renumbered and amended to read:
2955          [23-19-6].      23A-4-1103. Imitating or counterfeiting license unlawful --
2956     Criminal penalty.
2957          [It is unlawful to] (1) A person may not imitate or counterfeit [any] a license, permit,
2958     tag, or certificate of registration for the purpose of defrauding the state [of Utah] or for evading
2959     the purposes and provisions of this [code. Any] title.
2960          (2) A person who violates [any provision of] this section is guilty of a class A
2961     misdemeanor.
2962          Section 109. Section 23A-4-1104 is enacted to read:
2963          23A-4-1104. Violation of hunter education requirements -- Criminal penalty.
2964          (1) An individual may not obtain, attempt to obtain, or possess a hunting license or
2965     permit in violation of the hunter education requirements in Subsection 23A-4-1001(1).
2966          (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
2967          (3) A hunting license or permit obtained or possessed in violation of Section
2968     23A-4-1101 is invalid.
2969          Section 110. Section 23A-4-1105 is enacted to read:

2970          23A-4-1105. Violation of furharvester education requirements -- Criminal
2971     penalty.
2972          (1) An individual may not obtain, attempt to obtain, or possess a furbearer license in
2973     violation of the furharvester education requirements in Subsection 23A-4-1005(1).
2974          (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
2975          (3) A furbearer license or permit obtained or possessed in violation of this section is
2976     invalid.     
2977          Section 111. Section 23A-4-1106, which is renumbered from Section 23-19-9 is
2978     renumbered and amended to read:
2979          [23-19-9].      23A-4-1106. Suspension of license or permit privileges --
2980     Suspension of certificates of registration.
2981          (1) As used in this section:
2982          (a) "License or permit privileges" means the privilege of applying for, purchasing, and
2983     exercising the benefits conferred by a license or permit issued by the division.
2984          (b) "Livestock guardian dog" means the same as that term is defined in Section
2985     76-6-111.
2986          (2) A hearing officer, appointed by the division, may suspend a person's license or
2987     permit privileges if:
2988          (a) in a court of law, the person:
2989          (i) is convicted of:
2990          (A) violating this title or a rule of the Wildlife Board;
2991          (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
2992     an activity regulated under this title;
2993          (C) violating Section 76-6-111; or
2994          (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
2995          (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
2996     contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
2997          (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person

2998     enters into a diversion agreement which suspends the prosecution of the offense; and
2999          (b) the hearing officer determines the person committed the offense intentionally,
3000     knowingly, or recklessly, as defined in Section 76-2-103.
3001          (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
3002     officer shall consider in determining:
3003          (i) the type of license or permit privileges to suspend; and
3004          (ii) the duration of the suspension.
3005          (b) The Wildlife Board shall ensure that the guidelines established under Subsection
3006     (3)(a) are consistent with Subsections (4), (5), and (6).
3007          (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
3008     person's license or permit privileges according to Subsection (2) for a period of time not to
3009     exceed:
3010          (a) seven years for:
3011          (i) a felony conviction;
3012          (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
3013     held in abeyance pursuant to a plea in abeyance agreement; or
3014          (iii) being charged with an offense punishable as a felony, the prosecution of which is
3015     suspended pursuant to a diversion agreement;
3016          (b) five years for:
3017          (i) a class A misdemeanor conviction;
3018          (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
3019     which plea is held in abeyance pursuant to a plea in abeyance agreement; or
3020          (iii) being charged with an offense punishable as a class A misdemeanor, the
3021     prosecution of which is suspended pursuant to a diversion agreement;
3022          (c) three years for:
3023          (i) a class B misdemeanor conviction;
3024          (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
3025     when the plea is held in abeyance according to a plea in abeyance agreement; or

3026          (iii) being charged with an offense punishable as a class B misdemeanor, the
3027     prosecution of which is suspended pursuant to a diversion agreement; and
3028          (d) one year for:
3029          (i) a class C misdemeanor conviction;
3030          (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
3031     when the plea is held in abeyance according to a plea in abeyance agreement; or
3032          (iii) being charged with an offense punishable as a class C misdemeanor, the
3033     prosecution of which is suspended according to a diversion agreement.
3034          (5) The hearing officer may double a suspension period established in Subsection (4)
3035     for offenses:
3036          (a) committed in violation of an existing suspension or revocation order issued by the
3037     courts, division, or Wildlife Board; or
3038          (b) involving the unlawful taking of a trophy animal, as defined in Section [23-13-2]
3039     23A-1-101.
3040          (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
3041     or permit privileges for a particular license or permit only once for each single criminal
3042     episode, as defined in Section 76-1-401.
3043          (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
3044     suspension periods of [any] license or permit privileges of the same type suspended, according
3045     to Subsection (2), may run consecutively.
3046          (c) If a hearing officer suspends, according to Subsection (2), license or permit
3047     privileges of the type that have been previously suspended by a court, a hearing officer, or the
3048     Wildlife Board and the suspension period has not expired, the suspension periods may run
3049     consecutively.
3050          (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
3051     applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
3052          (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
3053     defined in Section 76-2-103, violated:

3054          (A) this title;
3055          (B) a rule or order of the Wildlife Board;
3056          (C) the terms of a certificate of registration; or
3057          (D) the terms of a certificate of registration application or agreement; or
3058          (ii) the person, in a court of law:
3059          (A) is convicted of an offense that the hearing officer determines bears a reasonable
3060     relationship to the person's ability to safely and responsibly perform the activities authorized by
3061     the certificate of registration;
3062          (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
3063     reasonable relationship to the person's ability to safely and responsibly perform the activities
3064     authorized by the certificate of registration, and the plea is held in abeyance in accordance with
3065     a plea in abeyance agreement; or
3066          (C) is charged with an offense that the hearing officer determines bears a reasonable
3067     relationship to the person's ability to safely and responsibly perform the activities authorized by
3068     the certificate of registration, and prosecution of the offense is suspended in accordance with a
3069     diversion agreement.
3070          (b) [All certificates] A hearing officer shall suspend a certificate of registration for the
3071     harvesting of brine shrimp eggs, as defined in Section 59-23-3, [shall be suspended by a
3072     hearing officer,] if the hearing officer determines the holder of the [certificates] certificate of
3073     registration has violated Section 59-23-5.
3074          (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
3075     adjudicative functions provided in this section.
3076          (b) The director may not appoint a division employee who investigates or enforces
3077     wildlife violations.
3078          (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
3079     for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
3080     registration.
3081          (b) The courts shall promptly notify the division of [any] suspension orders or

3082     recommendations entered.
3083          (c) The division, upon receiving notification of suspension from the courts, shall
3084     prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
3085     license, permit, or certification of registration for the duration and of the type specified in the
3086     court order.
3087          (d) The hearing officer shall consider [any] a recommendation made by a sentencing
3088     court concerning suspension before issuing a suspension order.
3089          [(10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
3090     benefits conferred by any permit, license, or certificate of registration specified in an order of
3091     suspension while that order is in effect.]
3092          [(b) Any license possessed or obtained in violation of the order shall be considered
3093     invalid.]
3094          [(c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.]
3095          [(11)] (10) Before suspension under this section, [a person shall be] the division shall
3096     give a person:
3097          (a) [given] written notice of [any] action the division intends to take; and
3098          (b) [provided with] an opportunity for a hearing.
3099          [(12)] (11) (a) A person may file an appeal of a hearing officer's decision with the
3100     Wildlife Board.
3101          (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
3102     any written documentation submitted at the hearing.
3103          (c) The Wildlife Board may:
3104          (i) take no action;
3105          (ii) vacate or remand the decision; or
3106          (iii) amend the period or type of suspension.
3107          [(13)] (12) The division shall suspend and reinstate all hunting, fishing, trapping, and
3108     falconry privileges consistent with [Title 23, Chapter 25,] Chapter 2, Part 5, Wildlife Violator
3109     Compact.

3110          [(14)] (13) The Wildlife Board may make rules to implement this section in accordance
3111     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3112          Section 112. Section 23A-4-1107 is enacted to read:
3113          23A-4-1107. Violation of suspension -- Criminal penalty.
3114          (1) A person may not apply for, purchase, possess, or attempt to exercise the benefits
3115     conferred by a permit, license, or certificate of registration specified in an order of suspension
3116     while that order is in effect.
3117          (2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
3118          (3) A license possessed or obtained in violation of the order is invalid.     
3119          Section 113. Section 23A-4-1108, which is renumbered from Section 23-19-9.1 is
3120     renumbered and amended to read:
3121          [23-19-9.1].      23A-4-1108. Court-ordered action against a license.
3122          The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
3123     issued under this chapter if so ordered by a court.
3124          Section 114. Section 23A-4-1109, which is renumbered from Section 23-19-9.5 is
3125     renumbered and amended to read:
3126          [23-19-9.5].      23A-4-1109. Warrant outstanding or failure to comply with citation
3127     -- Person not entitled to license, permit, tag, or certificate.
3128          (1) A person may not purchase a license, permit, tag, or certificate of registration if:
3129          (a) there is an outstanding Utah warrant against [him] the person for failure to appear
3130     in answer to a summons for a violation of:
3131          (i) [a provision of] this title; or
3132          (ii) a rule, proclamation, or order of the Wildlife Board; or
3133          (b) [he has failed] the person fails to comply with a wildlife citation in a state which is
3134     a party to the Wildlife Violator Compact set forth in [Title 23, Chapter 25,] Chapter 2, Part 5,
3135     Wildlife Violator Compact.
3136          (2) The division may allow a person referred to in Subsection (1) to purchase a license,
3137     permit, tag, or certificate of registration if satisfactory proof is given that:

3138          (a) the warrant is no longer outstanding; or
3139          (b) [he] the person has complied with the wildlife citation.
3140          Section 115. Section 23A-5-101 is enacted to read:
3141     
CHAPTER 5. ENFORCEMENT AND VIOLATIONS

3142     
Part 1. General Provisions

3143          23A-5-101. Definitions.
3144          Reserved.
3145          Section 116. Section 23A-5-201, which is renumbered from Section 23-20-1 is
3146     renumbered and amended to read:
3147     
Part 2. Enforcement

3148          [23-20-1].      23A-5-201. Enforcement authority of conservation officers --
3149     Seizure and disposition of property.
3150          (1) [Conservation officers] A conservation officer of the division shall enforce [the
3151     provisions of] this title with the same authority and following the same procedures as other law
3152     enforcement officers.
3153          (2) (a) [Conservation officers] A conservation officer shall seize [any] protected
3154     wildlife illegally taken or held.
3155          (b) (i) Upon determination of a defendant's guilt by the court[,]:
3156          (A) the court shall confiscate the protected wildlife [shall be confiscated by the court
3157     and sold or otherwise disposed of by the division]; and
3158          (B) the division shall sell or otherwise dispose of the protected wildlife.
3159          (ii) Proceeds of [the sales] a sale under this section shall be deposited in the Wildlife
3160     Resources Account.
3161          (iii) Migratory wildfowl may not be sold, but [shall be given] the division shall give the
3162     migratory wildfowl to a charitable institution [or used] for other charitable purposes.
3163          (3) (a) [Conservation officers] A conservation officer may seize and impound a vehicle
3164     used for the unlawful taking or possessing of protected wildlife for any of the following
3165     purposes:

3166          (i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
3167          (ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
3168     warrant; or
3169          (iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
3170     possessed.
3171          (b) The division shall store [any] a seized vehicle in a public or private garage, state
3172     impound lot, or other secured storage facility.
3173          (4) A seized vehicle shall be released to the owner no later than 30 days after the date
3174     the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of
3175     wildlife by a person who is charged with committing a felony under this title.
3176          (5) (a) The owner of a seized vehicle is liable for the payment of any impound fee if the
3177     owner used the vehicle for the unlawful taking or possessing of wildlife and is found by a court
3178     to be guilty of a violation of this title.
3179          (b) The owner of a seized vehicle is not liable for the payment of any impound fee or,
3180     if the fees have been paid, is entitled to reimbursement of the fees paid, if:
3181          (i) no charges are filed or all charges are dropped [which] that involve the use of the
3182     vehicle for the unlawful taking or possessing of wildlife;
3183          (ii) the person charged with using the vehicle for the unlawful taking or possessing of
3184     wildlife is found by a court to be not guilty; or
3185          (iii) the owner did not consent to a use of the vehicle [which] that violates this chapter.
3186          Section 117. Section 23A-5-202, which is renumbered from Section 23-20-1.5 is
3187     renumbered and amended to read:
3188          [23-20-1.5].      23A-5-202. Powers of law enforcement section.
3189          (1) The chief and assistant chief of the law enforcement section, an enforcement
3190     [agents, and] agent, or conservation [officers] officer of the law enforcement section within the
3191     [Division of Wildlife Resources] division are vested with the powers of law enforcement
3192     officers throughout [all of] the counties of the state with exception of the power to serve civil
3193     process and:

3194          (a) may serve criminal process, arrest, and prosecute [violators of any] a violator of a
3195     law of this state; and
3196          (b) [shall have] has the same right as other law enforcement officers to require aid in
3197     executing [their] the duties.
3198          (2) The powers and duties conferred by this section upon employees of the law
3199     enforcement section of the [Division of Wildlife Resources] division shall be supplementary to
3200     and in no way a limitation on the powers and duties of other law enforcement officers in the
3201     state.
3202          Section 118. Section 23A-5-203, which is renumbered from Section 23-20-2 is
3203     renumbered and amended to read:
3204          [23-20-2].      23A-5-203. Special deputies -- Appointment -- Duties.
3205          The director [of the Division of Wildlife Resources is authorized to] may appoint
3206     [persons] a person, on a temporary basis, as a special [deputies. These special deputies shall
3207     have the authority to enforce provisions of this code and all rules and regulations promulgated
3208     under this code.] deputy. A special deputy may enforce this title and rules made under this
3209     title.
3210          Section 119. Section 23A-5-204, which is renumbered from Section 23-20-10 is
3211     renumbered and amended to read:
3212          [23-20-10].      23A-5-204. Butcher, locker, or storage plant to require proper tag
3213     or donation slip.
3214          [It is unlawful for a] A butcher or owner or employee of a locker plant or storage plant
3215     [to] may not receive for processing or storage the carcass of [any] protected wildlife that by law
3216     or regulation is required to be tagged, unless the carcass is properly tagged or is accompanied
3217     with a valid donation slip.
3218          Section 120. Section 23A-5-205, which is renumbered from Section 23-20-16 is
3219     renumbered and amended to read:
3220          [23-20-16].      23A-5-205. Enforcement -- Procedure.
3221          In enforcing the misdemeanor or felony provisions of this [code] title, [the] a peace

3222     officer shall follow [the procedures and requirements of] Title 53, Chapter 13, Peace Officer
3223     Classifications.
3224          Section 121. Section 23A-5-206, which is renumbered from Section 23-20-28 is
3225     renumbered and amended to read:
3226          [23-20-28].      23A-5-206. Search warrants.
3227          (1) A search warrant may be issued by a magistrate to search for [any] property [which]
3228     that may constitute evidence of [any violation of the provisions of this code] a violation of this
3229     title, rules, [regulations,] or proclamations of the Wildlife Board upon an affidavit of [any] a
3230     person.
3231          (2) The search warrant shall be directed to a conservation officer or a peace officer,
3232     directing the officer to search for evidence and to bring [it] the evidence before the magistrate.
3233          (3) A search warrant may not be issued except upon probable cause supported by oath
3234     or affirmation, particularly describing the place, person, or thing to be searched for and the
3235     person or thing to be seized.
3236          (4) The warrant shall be served in the daytime, unless there is reason to believe that the
3237     service of the search warrant is required immediately because a person may:
3238          (a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;
3239          (b) destroy or conceal evidence of the commission of [any] a violation; or
3240          (c) injure another person or damage property.
3241          (5) [The] Notwithstanding Subsection (4), a search warrant may be served at night if:
3242          (a) there is reason to believe that a violation may occur at night; or
3243          (b) the evidence of the violation may not be available to the officers serving the
3244     warrant during the day.
3245          Section 122. Section 23A-5-207, which is renumbered from Section 23-20-25 is
3246     renumbered and amended to read:
3247          [23-20-25].      23A-5-207. Exhibition of license, permit, tag, or device required --
3248     Criminal penalty.
3249          (1) [Any] A person while engaged in [any] an activity regulated under this title, shall

3250     [be required upon demand of any] exhibit the following at the request of conservation officer or
3251     [any] other peace officer [to exhibit]:
3252          (a) the required license, permit, or tag;
3253          (b) [any] device or apparatus in that person's possession used for [any] an activity
3254     regulated under this title; or
3255          (c) [any] wildlife in that person's possession.
3256          (2) [Any] A conservation officer who has a reasonable belief that a person is engaged
3257     in [any] an activity regulated under this title may stop and temporarily detain that person [in
3258     order] to demand and inspect:
3259          (a) the required license, permit, or tag;
3260          (b) [any] a device or apparatus in that person's possession used for [any] an activity
3261     regulated under this title; or
3262          (c) [any] wildlife in that person's possession.
3263          (3) [Any] A person [who] is subject to the penalties of Section 23A-5-301 if the person
3264     fails to produce for examination to [an] a correction officer or other peace officer any of the
3265     required licenses, permits, tags, devices or apparatuses used for [any] an activity regulated
3266     under this title or [any] wildlife in that person's possession [is guilty of a class B
3267     misdemeanor].
3268          Section 123. Section 23A-5-301, which is renumbered from Section 23-13-11 is
3269     renumbered and amended to read:
3270     
Part 3. Violations

3271          [23-13-11].      23A-5-301. Violations in general -- Criminal penalty -- Aiding or
3272     assisting violation.
3273          (1) Except as otherwise provided in this title:
3274          [(1)] (a) a violation of [any provision of] this title is a class B misdemeanor; and
3275          [(2)] (b) a violation of [any] a rule of the Wildlife Board, made in accordance with
3276     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or proclamation of the Wildlife
3277     Board is an infraction.

3278          (2) (a) A person may not aid or assist another person to violate this title or a rule made
3279     by the Wildlife Board under this title and in accordance with Title 63G, Chapter 3, Utah
3280     Administrative Rulemaking Act.
3281          (b) The penalty for violating this Subsection (2) is the same as for the provision or rule
3282     for which aid or assistance is given.
3283          Section 124. Section 23A-5-302, which is renumbered from Section 23-13-4 is
3284     renumbered and amended to read:
3285          [23-13-4].      23A-5-302. Captivity of protected wildlife unlawful -- Criminal
3286     penalty.
3287          [It is unlawful for any] (1) A person [to] may not hold in captivity at any time [any]
3288     protected wildlife except as provided by this [code] title or rules [and regulations of] made by
3289     the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3290     Act.
3291          (2) A person who violates this section is subject to the penalty provided in Section
3292     23A-5-301.
3293          Section 125. Section 23A-5-303, which is renumbered from Section 23-13-5 is
3294     renumbered and amended to read:
3295          [23-13-5].      23A-5-303. Importation or exportation and release of wildlife
3296     unlawful -- Criminal penalty.
3297          [It is unlawful for any] (1) A person [to] may not:
3298          (a) import into or export from the state [of Utah any] a species of live native or exotic
3299     wildlife; or [to]
3300          (b) possess or release from captivity [any such] imported live wildlife [except as]
3301     described in Subsection (1)(a).
3302          (2) Notwithstanding Subsection (1), a person may engage in an act described in
3303     Subsection (1) if:
3304          (a) provided for in this [code] title or the rules [and regulations of] made by the
3305     Wildlife Board [without] in accordance with Title 63G, Chapter 3, Utah Administrative

3306     Rulemaking Act; and
3307          (b) the person first [securing] secures written permission from the division [of Wildlife
3308     Resources].
3309          (3) A person who violates this section is subject to the penalty provided in Section
3310     23A-5-301.
3311          Section 126. Section 23A-5-304, which is renumbered from Section 23-13-13 is
3312     renumbered and amended to read:
3313          [23-13-13].      23A-5-304. Commercialization of wildlife unlawful -- Criminal
3314     penalty.
3315          [It shall be unlawful for any person to utilize] (1) A person may not use wildlife as a
3316     commercial venture for financial gain except as provided in this [code] title or under rules [and
3317     regulations of] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
3318     Administrative Rulemaking Act.
3319          (2) A person who violates this section is subject to the penalty provided in Section
3320     23A-5-301.
3321          Section 127. Section 23A-5-305, which is renumbered from Section 23-13-14 is
3322     renumbered and amended to read:
3323          [23-13-14].      23A-5-305. Release of wildlife unlawful -- Criminal penalty.
3324          (1) (a) A person may not release or transplant a live terrestrial or aquatic wildlife into
3325     the wild:
3326          (i) without a certificate of registration issued by the division authorizing the release; or
3327          (ii) except as provided in this title and rules [and regulations established] made by the
3328     Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3329          (b) The division may only authorize the transplanting of big game, turkeys, wolves,
3330     threatened or endangered species, or sensitive species as provided in Section [23-14-21]
3331     23A-2-209.
3332          (2) Except as provided in [Subsection (3)] Section 23A-5-306, a person who violates
3333     Subsection (1) is guilty of a class A misdemeanor.

3334          [(3) A person who knowingly and without lawful authority imports, transports, or
3335     releases a live species of wildlife that the person knows is listed as threatened or endangered, or
3336     is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3337     the intent to establish the presence of that species in an area of the state not currently known to
3338     be occupied by a reproducing population of that species is guilty of a third degree felony.]
3339          Section 128. Section 23A-5-306 is enacted to read:
3340          23A-5-306. Import, transport, or release of threatened or endangered species --
3341     Criminal penalty.
3342          (1) A person may not knowingly and without lawful authority import, transport, or
3343     release a live species of wildlife that the person knows is listed as threatened or endangered, or
3344     is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3345     the intent to establish the presence of that species in an area of the state not currently known to
3346     be occupied by a reproducing population of that species.
3347          (2) A person who violates Subsection (1) is guilty of a third degree felony.
3348          Section 129. Section 23A-5-307, which is renumbered from Section 23-13-18 is
3349     renumbered and amended to read:
3350          [23-13-18].      23A-5-307. Use of a computer or other device to remotely hunt
3351     wildlife prohibited -- Trail cameras -- Criminal penalty.
3352          (1) As used in this section, "trail camera" means a device that is not held or manually
3353     operated by a person and is used to capture images, video, or location data of wildlife using
3354     heat or motion to trigger the device.
3355          [(1)] (2) A person may not use a computer or other device to remotely control the
3356     aiming and discharge of a firearm or other weapon for hunting an animal.
3357          [(2)] (3) A person who violates Subsection (1) is guilty of a class A misdemeanor.
3358          [(3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
3359     manually operated by a person and is used to capture images, video, or location data of wildlife
3360     using heat or motion to trigger the device.]
3361          [(b)] (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking

3362     Act, the Wildlife Board shall make rules regulating the use of trail cameras.
3363          [(c)] (b) The division shall provide an annual report to the Natural Resources,
3364     Agriculture, and Environment Interim Committee regarding rules made or changed in
3365     accordance with this Subsection [(3)] (4).
3366          (c) A person who violates rules made by the Wildlife Board under this Subsection (4)
3367     is subject to the penalty provided in Section 23A-5-301.
3368          Section 130. Section 23A-5-308, which is renumbered from Section 23-13-19 is
3369     renumbered and amended to read:
3370          [23-13-19].      23A-5-308. Administering substances to protected wildlife
3371     prohibited -- Exceptions -- Criminal penalty.
3372          (1) For purposes of this section:
3373          (a) "Administer" means the application of a substance by any method, including:
3374          (i) injection;
3375          (ii) inhalation;
3376          (iii) ingestion; or
3377          (iv) absorption.
3378          (b) "Agricultural producer" means a person who produces an agricultural product.
3379          (c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
3380          (d) "Substance" means a chemical or organic substance that:
3381          (i) pacifies;
3382          (ii) sedates;
3383          (iii) immobilizes;
3384          (iv) harms;
3385          (v) kills;
3386          (vi) controls fertility; or
3387          (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
3388          (2) Except as authorized by Subsection [(3)] (4) or a rule made by the Wildlife Board
3389     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may

3390     not administer or attempt to administer a substance to protected wildlife.
3391          (3) A person who violates this section is subject to the penalty provided in Section
3392     23A-5-301.
3393          [(3)] (4) (a) A division employee or a person with written permission from the division
3394     may administer a substance to protected wildlife if that employee or person administers the
3395     substance to promote wildlife management and conservation.
3396          (b) One or more of the following may administer a substance to protected wildlife that
3397     the person is authorized by this title, the Wildlife Board, or the division to possess:
3398          (i) a licensed veterinarian;
3399          (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
3400          (iii) a person who is following written instructions for veterinary care from a licensed
3401     veterinarian.
3402          [(4) A] (5) Notwithstanding the other provisions of this section, a person is not liable
3403     under this section for administering a substance, notwithstanding the substance has an effect
3404     described in Subsection (1)(d) on protected wildlife, if:
3405          (a) an agricultural producer administers the substance:
3406          (i) for the sole purpose of producing an agricultural product and not for the purpose of
3407     affecting protected wildlife in a manner described in Subsection (1)(d);
3408          (ii) consistent with generally accepted agricultural practices; and
3409          (iii) in compliance with applicable local, state, and federal law; or
3410          (b) the protected wildlife presents an immediate threat of death or serious bodily injury
3411     to a person.
3412          Section 131. Section 23A-5-309, which is renumbered from Section 23-20-3 is
3413     renumbered and amended to read:
3414          [23-20-3].      23A-5-309. Taking, transporting, selling, or purchasing protected
3415     wildlife illegal except as authorized -- Criminal penalty.
3416          (1) Except as provided in this title or a rule, proclamation, or order of the Wildlife
3417     Board, a person may not:

3418          (a) take protected wildlife or [its] wildlife parts;
3419          (b) collect, import, possess, transport, propagate, store, donate, transfer, or export
3420     protected wildlife or [its] wildlife parts;
3421          (c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or [its]
3422     wildlife parts without having previously procured the necessary licenses, permits, tags, federal
3423     stamps, certificates of registration, authorizations, and receipts required in this title or a rule,
3424     proclamation, or order of the Wildlife Board;
3425          (d) take protected wildlife with [any] a weapon, ammunition, implement, tool, device,
3426     or any part of any of these not specifically authorized in this title or a rule, proclamation, or
3427     order of the Wildlife Board;
3428          (e) possess while in pursuit of protected wildlife [any] a weapon, ammunition,
3429     implement, tool, device, or any part of any of these not specifically authorized in this title or a
3430     rule, proclamation, or order of the Wildlife Board;
3431          (f) take protected wildlife using [any] a method, means, process, or practice not
3432     specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
3433          (g) take protected wildlife outside the season dates, location boundaries, and daily time
3434     frames established in rule, proclamation, or order of the Wildlife Board;
3435          (h) take protected wildlife in excess of the bag and possession limits established in
3436     rule, proclamation, or order of the Wildlife Board;
3437          (i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
3438     proclamation, or order of the Wildlife Board, or by executive order of the [division] director
3439     pursuant to Subsection [23-14-8] 23A-2-203(4);
3440          (j) practice falconry or capture, possess, or use birds in falconry;
3441          (k) take [any] wildlife from an airplane or any other airborne vehicle or device or [any]
3442     a motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational
3443     vehicles;
3444          (l) hold in captivity at any time any live protected wildlife;
3445          (m) use or permit a dog or other domestic or trained animal to take protected wildlife;

3446          (n) remove, damage, or destroy an occupied nest of protected wildlife;
3447          (o) release captured or captive wildlife into the wild;
3448          (p) use spotlighting to take protected wildlife;
3449          (q) employ or use a means of concealment or camouflage while taking protected
3450     wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
3451          (r) possess or use bait or other attractant to take protected wildlife which is prohibited
3452     in this title or a rule, proclamation, or order of the Wildlife Board;
3453          (s) use [any] a decoy or recorded or electronically amplified call which is prohibited in
3454     this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
3455          (t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
3456     eggs;
3457          (u) [utilize] use protected wildlife for commercial purposes or financial gain as
3458     prohibited by Section 23A-5-304;
3459          (v) enter, establish, or hold a contest or tournament involving the taking of protected
3460     wildlife;
3461          (w) operate or participate in a commercial hunting area as described in Section
3462     [23-17-6] 23A-12-202; or
3463          (x) operate or participate in a cooperative wildlife management unit as defined in
3464     Section [23-23-2] 23A-7-101.
3465          (2) Possession of protected wildlife without a valid license, permit, tag, certificate of
3466     registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was
3467     illegally taken and is illegally held in possession.
3468          (3) A person is [guilty of a class B misdemeanor] subject to the penalty under Section
3469     23A-5-301 if the person:
3470          (a) violates [any provision of] Subsection (1); and
3471          (b) does so with criminal negligence as defined in Subsection 76-2-103(4).
3472          Section 132. Section 23A-5-310, which is renumbered from Section 23-20-3.5 is
3473     renumbered and amended to read:

3474          [23-20-3.5].      23A-5-310. Taking protected wildlife while trespassing -- Criminal
3475     penalty.
3476          (1) A person may not take or permit [his] the person's dog to take, while in violation of
3477     Subsection [23-20-14] 23A-5-317(2):
3478          (a) protected wildlife or [their] protected wildlife parts;
3479          (b) an occupied nest of protected wildlife; or
3480          (c) an egg of protected wildlife.
3481          (2) A person [is guilty of a class B misdemeanor if he or she violates any provision of]
3482     who violates Subsection (1) is subject to the penalty provided in Section 23A-5-301.
3483          Section 133. Section 23A-5-311, which is renumbered from Section 23-20-4 is
3484     renumbered and amended to read:
3485          [23-20-4].      23A-5-311. Wanton destruction of protected wildlife -- Criminal
3486     penalty.
3487          (1) A person is guilty of wanton destruction of protected wildlife if that person:
3488          (a) commits an act in violation of [Section 23-13-4, 23-13-5, 23-13-13, 23-15-6
3489     through 23-15-9, 23-16-5, or Subsection 23-20-3(1);]:
3490          (i) Section 23A-5-302;
3491          (ii) Section 23A-5-304;
3492          (iii) Sections 23A-9-302 through 23A-9-305;
3493          (iv) Section 23A-11-201; or
3494          (v) Subsection 23A-5-309(1);
3495          (b) captures, injures, or destroys protected wildlife; and
3496          (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
3497     76-2-103;
3498          (ii) intentionally abandons protected wildlife or a carcass;
3499          (iii) commits the offense at night with the use of a weapon;
3500          (iv) is under a court or division revocation of a license, tag, permit, or certificate of
3501     registration; or

3502          (v) acts for pecuniary gain.
3503          [(2) Subsection (1) does not apply to actions taken in accordance with:]
3504          [(a) Title 4, Chapter 14, Utah Pesticide Control Act;]
3505          [(b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or]
3506          [(c) Section 23-16-3.1.]
3507          [(3)] (2) [Wanton] A person who commits wanton destruction of wildlife is
3508     [punishable] guilty of:
3509          (a) [as] a third degree felony if:
3510          (i) the aggregate value of the protected wildlife determined by the values in Subsection
3511     [(4)] (3) is more than $500; or
3512          (ii) a trophy animal was captured, injured, or destroyed;
3513          (b) [as] a class A misdemeanor if the aggregate value of the protected wildlife,
3514     determined by the values established in Subsection [(4)] (3) is more than $250, but does not
3515     exceed $500; and
3516          (c) [as] a class B misdemeanor if the aggregate value of the protected wildlife
3517     determined by the values established in Subsection [(4)] (3) is $250 or less.
3518          [(4)] (3) Regardless of the restitution amounts imposed under Subsection [23-20-4.5]
3519     23A-5-312(2), the following values are assigned to protected wildlife for the purpose of
3520     determining the offense for wanton destruction of wildlife:
3521          (a) $1,000 per animal for:
3522          (i) bison;
3523          (ii) bighorn sheep;
3524          (iii) rocky mountain goat;
3525          (iv) moose;
3526          (v) bear;
3527          (vi) peregrine falcon;
3528          (vii) bald eagle; or
3529          (viii) endangered species;

3530          (b) $750 per animal for:
3531          (i) elk; or
3532          (ii) threatened species;
3533          (c) $500 per animal for:
3534          (i) cougar;
3535          (ii) golden eagle;
3536          (iii) river otter; or
3537          (iv) gila monster;
3538          (d) $400 per animal for:
3539          (i) pronghorn antelope; or
3540          (ii) deer;
3541          (e) $350 per animal for bobcat;
3542          (f) $100 per animal for:
3543          (i) swan;
3544          (ii) sandhill crane;
3545          (iii) turkey;
3546          (iv) pelican;
3547          (v) loon;
3548          (vi) egrets;
3549          (vii) herons;
3550          (viii) raptors, except those that are threatened or endangered;
3551          (ix) Utah milk snake; or
3552          (x) Utah mountain king snake;
3553          (g) $35 per animal for furbearers, except:
3554          (i) bobcat;
3555          (ii) river otter; and
3556          (iii) threatened or endangered species;
3557          (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,

3558     largemouth bass, smallmouth bass, and wiper;
3559          (i) $15 per animal for game birds, except:
3560          (i) turkey;
3561          (ii) swan; and
3562          (iii) sandhill crane;
3563          (j) $10 per animal for game fish not listed in Subsection [(4)] (3)(h);
3564          (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3565          (l) $5 per animal for protected wildlife not listed.
3566          [(5)] (4) For purposes of sentencing for a [wildlife] violation under this section, a
3567     person who has been convicted of a third degree felony under Subsection [(3)] (2)(a) is not
3568     subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8(4).
3569          [(6)] (5) As part of a sentence imposed, the court shall impose a sentence of
3570     incarceration of not less than 20 consecutive days for a person convicted of a third degree
3571     felony under Subsection [(3)] (2)(a)(ii) who captured, injured, or destroyed a trophy animal for
3572     pecuniary gain.
3573          [(7)] (6) If a person has already been convicted of a third degree felony under
3574     Subsection [(3)] (2)(a)(ii) once, each separate additional offense under Subsection [(3)]
3575     (2)(a)(ii) is punishable by, as part of a sentence imposed, a sentence of incarceration of not less
3576     than 20 consecutive days.
3577          [(8)] (7) The court may not sentence a person subject to Subsection [(6) or (7)] (5) or
3578     (6) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence
3579     unless the court finds mitigating circumstances justifying lesser punishment and makes that
3580     finding a part of the court record.
3581          (8) Subsection (1) does not apply to actions taken in accordance with:
3582          (a) Title 4, Chapter 14, Utah Pesticide Control Act;
3583          (b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
3584          (c) Section 23A-8-403.
3585          Section 134. Section 23A-5-312, which is renumbered from Section 23-20-4.5 is

3586     renumbered and amended to read:
3587          [23-20-4.5].      23A-5-312. Restitution -- Disposition of money.
3588          (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
3589     destruction of protected wildlife, other than a trophy animal, the court may order the defendant
3590     to pay restitution:
3591          (a) as set forth in Subsection (2); or
3592          (b) in a greater or lesser amount than the amount established in Subsection (2).
3593          (2) Suggested minimum restitution values for protected wildlife are as follows:
3594          (a) $1,000 per animal for:
3595          (i) bison;
3596          (ii) bighorn sheep;
3597          (iii) rocky mountain goat;
3598          (iv) moose;
3599          (v) bear;
3600          (vi) peregrine falcon;
3601          (vii) bald eagle; or
3602          (viii) endangered species;
3603          (b) $750 per animal for:
3604          (i) elk; or
3605          (ii) threatened species;
3606          (c) $500 per animal for:
3607          (i) golden eagle;
3608          (ii) river otter; or
3609          (iii) gila monster;
3610          (d) $400 per animal for:
3611          (i) pronghorn antelope; or
3612          (ii) deer;
3613          (e) $350 per animal for:

3614          (i) cougar; or
3615          (ii) bobcat;
3616          (f) $100 per animal for:
3617          (i) swan;
3618          (ii) sandhill crane;
3619          (iii) turkey;
3620          (iv) pelican;
3621          (v) loon;
3622          (vi) egrets;
3623          (vii) herons;
3624          (viii) raptors, except those that are threatened or endangered;
3625          (ix) Utah milk snake; or
3626          (x) Utah mountain king snake;
3627          (g) $35 per animal for furbearers, except:
3628          (i) bobcat;
3629          (ii) river otter; and
3630          (iii) threatened or endangered species;
3631          (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
3632     largemouth bass, smallmouth bass, and wiper;
3633          (i) $15 per animal for game birds, except:
3634          (i) turkey;
3635          (ii) swan; and
3636          (iii) sandhill crane;
3637          (j) $10 per animal for game fish not listed in Subsection (2)(h);
3638          (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3639          (l) $5 per animal for protected wildlife not listed.
3640          (3) If the court finds that restitution is inappropriate or if the value imposed is less than
3641     the suggested minimum value as provided in Subsection (2), the court shall make the reasons

3642     for the decision part of the court record.
3643          (4) (a) The court shall order a person convicted of a third degree felony under
3644     Subsection [23-20-4(3)(a)(ii)] 23A-5-311(2)(a)(ii) to pay restitution in accordance with
3645     Subsection (4)(b).
3646          (b) The minimum restitution value for a trophy animal is as follows:
3647          (i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
3648          (ii) $8,000 per animal for deer;
3649          (iii) $8,000 per animal for elk;
3650          (iv) $6,000 per animal for moose or mountain goat;
3651          (v) $6,000 per animal for bison; and
3652          (vi) $2,000 per animal for pronghorn antelope.
3653          (5) Restitution paid under Subsection (4) shall be remitted to the division and
3654     deposited in the Wildlife Resources Account.
3655          (6) [Restitution money shall be used by the division] The division shall use restitution
3656     money for activities and programs to help stop poaching, including:
3657          (a) educational programs on wildlife crime prevention;
3658          (b) acquisition and development of wildlife crime detection equipment;
3659          (c) operation and maintenance of anti-poaching projects; and
3660          (d) wildlife law enforcement training.
3661          (7) If restitution is required [it], restitution shall be in addition to:
3662          (a) a fine or penalty imposed for a violation of [any provision of] this title; and
3663          (b) a remedial action taken to revoke or suspend a person's license, permit, tag, or
3664     certificate of registration.
3665          (8) A judgment imposed under this section constitutes a lien when recorded in the
3666     judgment docket and shall have the same effect and is subject to the same rules as a judgment
3667     for money in a civil action.
3668          Section 135. Section 23A-5-313, which is renumbered from Section 23-20-4.7 is
3669     renumbered and amended to read:

3670          [23-20-4.7].      23A-5-313. Habitual wanton destruction of protected wildlife --
3671     Criminal penalty.
3672          (1) As used in this section, "convicted" includes a guilty adjudication, guilty plea, no
3673     contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title
3674     77, Chapter 2a, Pleas in Abeyance.
3675          [(1)] (2) A person [is guilty of] commits habitual wanton destruction of protected
3676     wildlife if the person:
3677          (a) takes a big game animal in violation of Section [23-20-4] 23A-5-311; and
3678          (b) within seven years of the day on which the violation described in Subsection [(1)]
3679     (2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section
3680     [23-20-4] 23A-5-311.
3681          [(2) "Convicted," for purposes of this section, includes a guilty adjudication, guilty
3682     plea, no contest plea, and guilty or no contest plea entered in a plea in abeyance agreement
3683     under Title 77, Chapter 2a, Pleas in Abeyance.]
3684          (3) [Habitual] A person who commits habitual wanton destruction of protected wildlife
3685     is guilty of a third degree felony.
3686          Section 136. Section 23A-5-314, which is renumbered from Section 23-20-8 is
3687     renumbered and amended to read:
3688          [23-20-8].      23A-5-314. Waste of wildlife unlawful -- Criminal penalty.
3689          (1) [Except] A person may not waste or permit to be wasted protected wildlife or a part
3690     of protected wildlife except as otherwise provided:
3691          (a) in this title[, or];
3692          (b) by rule made by the Wildlife Board under this title[,] and in accordance with Title
3693     63G, Chapter 3, Utah Administrative Rulemaking Act; or
3694          (c) by an order or proclamation [issued in accordance with a rule made by the Wildlife
3695     Board under this title, a person may not waste or permit to be wasted protected wildlife or a
3696     part of protected wildlife].
3697          (2) A person who violates this section is subject to the penalty provided in Section

3698     23A-5-301.
3699          Section 137. Section 23A-5-315, which is renumbered from Section 23-20-12 is
3700     renumbered and amended to read:
3701          [23-20-12].      23A-5-315. Airplanes or terrestrial or aquatic vehicles -- Use in
3702     taking wildlife unlawful -- Exceptions -- Criminal penalty.
3703          (1) [It is unlawful for any person to take any] A person may not take wildlife from an
3704     airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle,
3705     including snowmobiles and other recreational vehicles, except as provided by this [code] title
3706     or in the rules [and regulations] made by of the Wildlife Board in accordance with Title 63G,
3707     Chapter 3, Utah Administrative Rulemaking Act.
3708          (2) A person who violates this section is subject to the penalty provided in Section
3709     23A-5-301.
3710          [(2)] (3) Notwithstanding Subsection (1), the Wildlife Board may authorize an
3711     individual validly licensed to hunt [may be authorized], to hunt from a vehicle under terms and
3712     conditions specified by the Wildlife Board if the individual has:
3713          (a) paraplegia; or
3714          (b) a disability that permanently confines the individual to a wheelchair or the use of
3715     crutches.
3716          Section 138. Section 23A-5-316, which is renumbered from Section 23-20-13 is
3717     renumbered and amended to read:
3718          [23-20-13].      23A-5-316. Signs or equipment -- Damage or destruction unlawful
3719     -- Criminal penalty.
3720          (1) A person may not:
3721          [(1)] (a) shoot at, shoot, deface, damage, remove, or destroy [any division signs or
3722     placards ] a division sign or placard located in [any part of] this state; or
3723          [(2)] (b) damage, destroy, remove, or cause to be damaged, destroyed, or removed
3724     [any] equipment or devices owned, controlled, or operated by the [Division of Wildlife
3725     Resources] division.

3726          (2) A person who violates this section is subject to the penalty provided in Section
3727     23A-5-301.
3728          Section 139. Section 23A-5-317, which is renumbered from Section 23-20-14 is
3729     renumbered and amended to read:
3730          [23-20-14].      23A-5-317. Posted property -- Hunting by permission -- Entry on
3731     private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable
3732     to officers.
3733          (1) As used in this section:
3734          (a) "Cultivated land" means land that is readily identifiable as:
3735          (i) land whose soil is loosened or broken up for the raising of crops;
3736          (ii) land used for the raising of crops; or
3737          (iii) pasturage which is artificially irrigated.
3738          [(b) "Division" means the Division of Wildlife Resources.]
3739          [(c)] (b) "Permission" means written authorization from the owner or person in charge
3740     to enter upon private land that is either cultivated or properly posted, and shall include:
3741          (i) the signature of the owner or person in charge;
3742          (ii) the name of the person being given permission;
3743          (iii) the appropriate dates; and
3744          (iv) a general description of the property.
3745          [(d)] (c) "Properly posted" means that signs prohibiting trespass or bright yellow,
3746     bright orange, or fluorescent paint are clearly displayed:
3747          (i) at [all] the corners, fishing streams crossing property lines, roads, gates, and
3748     rights-of-way entering the land; or
3749          (ii) in a manner that would reasonably be expected to be seen by a person in the area.
3750          (2) (a) While taking wildlife or engaging in wildlife related activities, a person may
3751     not:
3752          (i) without permission, enter upon privately owned land that is cultivated or properly
3753     posted;

3754          (ii) enter or remain on privately owned land if the person has notice to not enter or
3755     remain on the privately owned land; or
3756          (iii) obstruct [any] an entrance or exit to private property.
3757          (b) A person has notice to not enter or remain on privately owned land if:
3758          (i) the person is directed to not enter or remain on the land by:
3759          (A) the owner of the land;
3760          (B) the owner's employee; or
3761          (C) a person with apparent authority to act for the owner; or
3762          (ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
3763     would recognize as intended to exclude intruders.
3764          (c) The division shall provide "hunting by permission cards" to a landowner upon the
3765     landowner's request.
3766          (d) A person may not post:
3767          (i) private property the person does not own or legally control; or
3768          (ii) land that is open to the public as provided by Section [23-21-4] 23A-6-402.
3769          (3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in
3770     Section 23A-5-301 and liable for the civil damages described in Subsection (7).
3771          [(3)] (4) (a) A person convicted of violating Subsection (2)(a) may have the person's
3772     license, tag, certificate of registration, or permit, relating to the activity engaged in at the time
3773     of the violation, revoked by a hearing officer.
3774          (b) A hearing officer may construe [any] a subsequent conviction [which] that occurs
3775     within a five-year period as a flagrant violation and may prohibit the person from obtaining a
3776     new license, tag, certificate of registration, or permit for a period of up to five years.
3777          [(4)] (5) Subsection (2)(a) does not apply to peace or conservation officers in the
3778     performance of their duties.
3779          [(5)] (6) (a) The division shall provide information regarding owners' rights and
3780     [sportsmen's] duties:
3781          (i) to anyone holding [licenses, certificates of registration, tags, or permits] a license,

3782     certificate of registration, tag, or permit to take wildlife; and
3783          (ii) by using the public media and other sources.
3784          (b) The Wildlife Board shall state restrictions in this section relating to trespassing
3785     [shall be stated in all] in the hunting and fishing proclamations issued by the Wildlife Board.
3786          [(6) A person who violates Subsection (2)(a) or (d) is guilty of a class B misdemeanor
3787     and liable for the civil damages described in Subsection (7).]
3788          (7) In addition to an order for restitution under Section 77-38b-205, a person who
3789     commits a violation of Subsection (2)(a) or (d) may also be liable for:
3790          (a) the greater of:
3791          [(a)] (i) statutory damages in the amount of three times the value of damages resulting
3792     from the violation of Subsection (2)(a) or (d); or
3793          (ii) $500[, whichever is greater]; and
3794          (b) reasonable attorney fees not to exceed $250, and court costs.
3795          (8) Civil damages under Subsection (7) may be collected in a separate action by the
3796     property owner or the property owner's assignee.
3797          Section 140. Section 23A-5-318, which is renumbered from Section 23-20-15 is
3798     renumbered and amended to read:
3799          [23-20-15].      23A-5-318. Destruction of signs or inclosure on private land
3800     unlawful -- Criminal penalty.
3801          [It is unlawful for any person,]
3802          (1) A person may not, without the consent of the owner or person in charge of [any]
3803     privately owned land[, to]:
3804          (a) tear down, mutilate, or destroy [any] a sign, signboard, or other notice [which] that
3805     regulates trespassing for purposes of hunting, trapping, or fishing on this land; or [to, without
3806     such consent,]
3807          (b) tear down, deface, or destroy [any]:
3808          (i) a fence or other inclosure on [this] the privately owned land[, or any]; or
3809          (ii) a gate or bars belonging to [any such] a fence or inclosure on the privately owned

3810     land.
3811          (2) A person who violates this section is subject to the penalty provided in Section
3812     23A-5-301.
3813          Section 141. Section 23A-5-319, which is renumbered from Section 23-20-18 is
3814     renumbered and amended to read:
3815          [23-20-18].      23A-5-319. Interference with, intimidation, or harassment of officer
3816     unlawful.
3817          [It is unlawful for any person to]
3818          (1) A person may not interfere with, intimidate, or harass a conservation officer or
3819     special deputy in the lawful performance of [his] the conservation officer's or special deputy's
3820     duty.
3821          (2) A person who violates this section is subject to the penalty provided in Section
3822     23A-5-301.
3823          Section 142. Section 23A-5-320, which is renumbered from Section 23-20-19 is
3824     renumbered and amended to read:
3825          [23-20-19].      23A-5-320. Failure to stop at roadblocks or checking stations
3826     unlawful.
3827          [It is unlawful for any person to fail to stop at Division of Wildlife Resources road
3828     blocks or checking stations where]
3829          (1) A person may not fail to stop at a division roadblock or checking station when a
3830     stop sign or red or blue light is displayed.
3831          (2) A person who violates this section is subject to the penalty provided in Section
3832     23A-5-301.
3833          Section 143. Section 23A-5-321, which is renumbered from Section 23-20-29 is
3834     renumbered and amended to read:
3835          [23-20-29].      23A-5-321. Interference with hunting prohibited -- Action to
3836     recover damages -- Exceptions -- Criminal penalty.
3837          (1) A person [is guilty of a class B misdemeanor who intentionally interferes] may not

3838     interfere with the right of a person licensed and legally hunting under Chapter [19] 4, Licenses,
3839     Permits, Certificates of Registration, and Tags, to take wildlife by driving, harassing, or
3840     intentionally disturbing [any] a species of wildlife for the purpose of disrupting a legal hunt,
3841     trapping, or predator control.
3842          (2) A person who violates this section is subject to the penalty provided in Section
3843     23A-5-301.
3844          [(2)] (3) [Any] A directly affected person or the state may bring an action to recover
3845     civil damages resulting from a violation of Subsection (1) or a restraining order to prevent a
3846     potential violation of Subsection (1).
3847          [(3)] (4) This section does not apply to incidental interference with a hunt caused by
3848     lawful activities including ranching, mining, and recreation.
3849          Section 144. Section 23A-5-322, which is renumbered from Section 23-20-29.5 is
3850     renumbered and amended to read:
3851          [23-20-29.5].      23A-5-322. Interference with hunters or hunting activity --
3852     Criminal penalty.
3853          A person who intentionally interferes with a person who is licensed and taking wildlife
3854     legally under [the provision of Title 23, Chapter 19] Chapter 4, Licenses, Permits, Certificates
3855     of Registration, and Tags, or disrupts an activity involving a legal hunt, trapping, falconry, or
3856     predator control may be charged with a violation under Section 76-9-102 if that interference or
3857     disruption constitutes a violation under Section 76-9-102.
3858          Section 145. Section 23A-6-101, which is renumbered from Section 23-21-.5 is
3859     renumbered and amended to read:
3860     
CHAPTER 6. LANDS AND WATERS FOR WILDLIFE PURPOSES

3861     
Part 1. General Provisions

3862          [23-21-.5].      23A-6-101. Definitions.
3863          As used in this chapter:
3864          (1) (a) "General plan" means a document that a municipality or county adopts that sets
3865     forth general guidelines for proposed future development of the land within the municipality or

3866     county [and].
3867          (b) "General plan" includes what is commonly referred to as a "master plan."
3868          (2) "Management plan" means a document prepared in accordance with this chapter
3869     that describes how one or more tracts of land owned or managed by the [Division of Wildlife
3870     Resources] division are to be used.
3871          [(3) "Regional advisory council" means a council created pursuant to Section
3872     23-14-2.6.]
3873          [(4)] (3) "Wildlife management area" means:
3874          (a) a single tract of land owned or managed by the division; or
3875          (b) two or more tracts of land owned or managed by the division that are within close
3876     proximity of each other and managed as a single unit.
3877          Section 146. Section 23A-6-201, which is renumbered from Section 23-21-1 is
3878     renumbered and amended to read:
3879     
Part 2. Acquisition

3880          [23-21-1].      23A-6-201. Acquisition of lands, waters, and rights-of-way --
3881     Authority of division.
3882          The [Division of Wildlife Resources shall have the power to] division may acquire
3883     lands, waters, and rights-of-way by purchase, lease, agreement, gift, exchange, contribution, or
3884     any other lawful means, for authorized activities of the [Division of Wildlife Resources]
3885     division as outlined by this [code] title and the rules [and regulations of] made by the Wildlife
3886     Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3887          Section 147. Section 23A-6-202, which is renumbered from Section 23-21-1.5 is
3888     renumbered and amended to read:
3889          [23-21-1.5].      23A-6-202. Acquisition of real property held in private ownership --
3890     Published notice and governor's approval required.
3891          (1) The [Division of Wildlife Resources] division may not acquire title to real property
3892     held in private ownership without first:
3893          (a) publishing a notice of the proposed acquisition:

3894          (i) in a newspaper of general circulation in the county in which the property is located;
3895     and
3896          (ii) as required in Section 45-1-101; and
3897          (b) obtaining the approval of the governor.
3898          (2) [The requirements of] Subsection (1) [apply] applies whether title to real property
3899     held in private ownership is acquired through a purchase, donation, or other means.
3900          (3) In the case of a proposed purchase of private property, the [notice may be
3901     published] division may publish notice after earnest money is paid.
3902          (4) The published notice shall inform the public regarding:
3903          (a) the proposed use of the [land] real property;
3904          (b) any conditions on the acquisition of the [land] real property placed by donors, the
3905     federal government, sellers, or others specifying how the [land must] real property is to be
3906     used;
3907          (c) any changes to existing land uses that are anticipated; and
3908          (d) the public comment submission process for comments on the proposed acquisition.
3909          (5) The governor shall:
3910          (a) submit a notification of the proposed acquisition to:
3911          (i) the county executive of the county in which the real property is located;
3912          (ii) the legislators of the legislative districts in which the [lands are] real property is
3913     located; and
3914          (iii) the School and Institutional Trust Lands Administration; and
3915          (b) invite those notified to submit [any] comments on the proposed acquisition.
3916          (6) After considering comments on the proposed acquisition, the governor may:
3917          (a) approve the acquisition in whole or in part; or
3918          (b) disapprove the acquisition.
3919          Section 148. Section 23A-6-203, which is renumbered from Section 23-21-2 is
3920     renumbered and amended to read:
3921          [23-21-2].      23A-6-203. Payments in lieu of property taxes on property

3922     purchased by division.
3923          [Prior to] (1) Before the purchase of [any] real property held in private ownership, the
3924     [Division of Wildlife Resources] division shall:
3925          (a) first submit the proposition to the county legislative body in a regular open public
3926     meeting in the county where the real property is located; and [shall]
3927          (b) by contractual agreement with the county legislative body, approved by the
3928     executive director [of the Department of Natural Resources], agree to pay an amount of money
3929     in lieu of property taxes to the county.
3930          (2) The division shall, by contractual agreement with the county legislative body in
3931     which [any] real property previously acquired from private ownership and now owned by the
3932     division is located, agree to pay annually an amount of money in lieu of wildlife resource fine
3933     money, previously paid to the county. [Payments]
3934          (3) A payment provided for in this section [will] may not:
3935          (a) exceed what the regularly assessed real property taxes would be if the [land] real
3936     property had remained in private ownership; and [these payments may not]
3937          (b) include [any] an amount for buildings, installations, fixtures, improvements or
3938     personal property located upon the [land] real property or for those acquired, constructed, or
3939     placed by the division after [it] the division acquires the [land] real property.
3940          Section 149. Section 23A-6-204, which is renumbered from Section 23-21-6 is
3941     renumbered and amended to read:
3942          [23-21-6].      23A-6-204. Acquisition of lands by United States for migratory bird
3943     refuges.
3944          (1) (a) The [consent of the state of Utah is given] state consents to acquisition by the
3945     United States of [such] the areas of land or water in the state, as the United States may [deem]
3946     consider necessary, by and with the consent of the county legislative body of the county where
3947     the land or water are located and after approval of application, subject to the laws of the state
3948     [of Utah] for water rights, for the establishment and maintenance of migratory waterfowl
3949     refuges in accordance with and for the purpose of the [Act of Congress approved February 18,

3950     1929, entitled "]Migratory Bird Conservation Act["], 16 U.S.C. Sec. 715 to 715s, as amended,
3951     and [the Act of Congress approved March 16, 1935, entitled "]Migratory Bird Hunting Stamp
3952     Act,["] 16 U.S.C. Sec. 718a to 718k, as amended[; and the same may be used by the United
3953     States].
3954          (b) The United States may use the land or water described in this Subsection (1) as
3955     refuge for migratory birds, reserving[, however,] to the state [of Utah] jurisdiction, both civil
3956     and criminal, of persons upon the areas [so] acquired except so far as the punishment of
3957     offenses against the United States are concerned.
3958          (2) (a) [Nothing in this section shall be] This section may not be construed to impose
3959     [under] upon the state or [any] an agency of [it any] the state an obligation to convey to the
3960     United States any interest in land or water owned or controlled by the state, except upon
3961     appropriate terms and for adequate consideration.
3962          (b) The reservation to the state of coal and other minerals in lands sold by [it] the state
3963     within areas so established and easements retained by the state to prospect for, mine, and
3964     remove the same are declared to be subject to rules and regulations prescribed from time to
3965     time by the Secretary of the Interior for the occupation, use, operation, protection, and
3966     administration of these areas as refuges for migratory birds.
3967          Section 150. Section 23A-6-301, which is renumbered from Section 23-21-2.1 is
3968     renumbered and amended to read:
3969     
Part 3. Management Plans

3970          [23-21-2.1].      23A-6-301. Management plans.
3971          (1) The division shall prepare a management plan for each wildlife management area.
3972     Upon adoption of a management plan by the [division] director, the division shall manage the
3973     lands [shall be managed] within the wildlife management area in accordance with the
3974     management plan.
3975          (2) [Each] A management plan shall include:
3976          (a) a statement of the proposed or anticipated uses;
3977          (b) a description of [any] management limitations or conditions covering the wildlife

3978     management area;
3979          (c) an inventory of the existing conditions;
3980          (d) a statement of the desired future condition of the wildlife management area;
3981          (e) a list of strategies that may be implemented to achieve the desired future condition;
3982     and
3983          (f) a description of any reallocation of forage, water, or other resource appurtenant to
3984     the land within the wildlife management area.
3985          Section 151. Section 23A-6-302, which is renumbered from Section 23-21-2.2 is
3986     renumbered and amended to read:
3987          [23-21-2.2].      23A-6-302. Preparation of management plans -- Participation by
3988     interested persons and local and tribal governments -- Compatibility with local
3989     government plans and existing rights.
3990          (1) The division shall invite persons who may have an interest in how the land in a
3991     wildlife management area is managed to participate in the management planning process.
3992          (2) Those persons may include:
3993          (a) persons who use, or may use, the land in a wildlife management area for:
3994          (i) agriculture, mining, or other commercial pursuits;
3995          (ii) hunting or fishing;
3996          (iii) recreation; or
3997          (iv) other uses;
3998          (b) adjacent or nearby landowners or residents; or
3999          (c) other interested parties.
4000          (3) The division shall invite local government officials to participate in the
4001     management planning process.
4002          (4) In preparing a management plan, the division shall seek to make land uses
4003     compatible with:
4004          (a) local government general plans and zoning and land use ordinances; and
4005          (b) existing rights of others within the wildlife management area.

4006          (5) (a) If the land in a wildlife management area is located within or adjacent to tribal
4007     lands, the division shall invite tribal government officials to participate in the management
4008     planning process.
4009          (b) Participation by tribal officials in the development of management plans for lands
4010     owned by the division does not waive the tribe's sovereignty.
4011          Section 152. Section 23A-6-303, which is renumbered from Section 23-21-2.3 is
4012     renumbered and amended to read:
4013          [23-21-2.3].      23A-6-303. Review and adoption of management plans.
4014          (1) The division shall submit [the] a draft management plan to the Resource
4015     Development Coordinating Committee created in Section 63L-11-401 and the Habitat Council
4016     created by the division for their review and recommendations.
4017          (2) The division shall submit [the] a draft management plan and any recommendations
4018     received from the Resource Development Coordinating Committee and the Habitat Council to:
4019          (a) the regional advisory council for the wildlife region in which the lands covered by
4020     the management plan are located; and
4021          (b) the regional advisory council for [any] a wildlife region that may be affected by the
4022     management plan.
4023          (3) [Each] A regional advisory council reviewing [the] a draft management plan may
4024     make recommendations to the [division] director.
4025          (4) The [division director has authority to] director may adopt the management plan,
4026     adopt the management plan with amendments, or reject the management plan.
4027          (5) (a) At the request of the [division] director or [any] a member of the Wildlife
4028     Board, the Wildlife Board may review a management plan to determine whether the plan is
4029     consistent with [board] Wildlife Board policies.
4030          [(6)] (b) The [division] director may amend a management plan in accordance with
4031     recommendations made by the Wildlife Board.
4032          Section 153. Section 23A-6-304, which is renumbered from Section 23-21-2.4 is
4033     renumbered and amended to read:

4034          [23-21-2.4].      23A-6-304. Procedure to revise a management plan.
4035          (1) [Any] A person seeking a revision of a management plan may request the regional
4036     advisory council in the region where the land in a wildlife management area is located to
4037     consider the proposal to revise the management plan. The regional advisory council shall
4038     consider the proposal and advise the division.
4039          (2) The process specified in Sections [23-21-2.2 and 23-21-2.3] 23A-6-302 and
4040     23A-6-303 shall be used to revise a management plan.
4041          Section 154. Section 23A-6-305, which is renumbered from Section 23-21-2.5 is
4042     renumbered and amended to read:
4043          [23-21-2.5].      23A-6-305. Change in land use where a management plan is not in
4044     effect -- Notification to affected persons -- Compatibility with local government plans.
4045          (1) If a management plan has not been adopted by the [division] director for a tract of
4046     land owned by the division, the division may not change [any] an existing right to use the land
4047     until the division notifies those who may be affected by the change and local government
4048     officials.
4049          (2) When changing [any] an existing right to use the land, the division shall seek to
4050     make uses of division-owned land compatible with local government general plans and zoning
4051     and land use ordinances.
4052          Section 155. Section 23A-6-401, which is renumbered from Section 23-21-2.6 is
4053     renumbered and amended to read:
4054     
Part 4. Use of Land

4055          [23-21-2.6].      23A-6-401. Target shooting prohibitions.
4056          (1) As used in this section:
4057          (a) "County sheriff" means the individual holding the office of county sheriff in the
4058     portion of a wildlife management area where target shooting will be, or is, prohibited under this
4059     section.
4060          [(b) "Director" means the director of the Division of Wildlife Resources.]
4061          [(c)] (b) "Extremely hazardous" means categorized as "extreme" under a nationally

4062     recognized standard for rating fire danger.
4063          (2) Subject to Subsections (3) and (4), the division may prohibit the use of firearms for
4064     target shooting within all or part of a wildlife management area if the director finds, and the
4065     county sheriff agrees, that conditions in that portion of the wildlife management area are
4066     extremely hazardous.
4067          (3) A prohibition under this section:
4068          (a) shall undergo a formal review by the director and the county sheriff every 14 days;
4069          (b) may not prohibit an individual from legally possessing a firearm or lawfully
4070     participating in a hunt; and
4071          (c) may only remain in place for as long as extremely hazardous conditions exist in the
4072     area that is subject to the prohibition.
4073          (4) The director and the county sheriff shall:
4074          (a) via a written document, agree to the terms of a prohibition under this section,
4075     including:
4076          (i) the exact area where target shooting is prohibited; and
4077          (ii) the date when the prohibition becomes effective; and
4078          (b) comply with Subsection (4)(a) at each formal review under Subsection (3)(a).
4079          Section 156. Section 23A-6-402, which is renumbered from Section 23-21-4 is
4080     renumbered and amended to read:
4081          [23-21-4].      23A-6-402. Right of access to lands for hunting, trapping, or fishing
4082     reserved to public -- Exception.
4083          (1) Except as provided in Section 65A-2-5, there is reserved to the public the right of
4084     access to [all] lands owned by the state, including those lands lying below the official
4085     government meander line or high water line of navigable waters, for the purpose of hunting,
4086     trapping, or fishing.
4087          (2) When [any] a department or agency of the state leases or sells [any lands] land
4088     belonging to the state [of Utah] lying below the official government meander line or the high
4089     water line of the navigable waters within the state, the lease, contract of sale, or deed shall

4090     contain a provision that:
4091          (a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing
4092     during the lawful season, except as provided by Section 65A-2-5; and
4093          (b) [no charge may be made by] the lessee, contractee, or grantee [to] may not charge
4094     [any] a person who desires to go upon the land for the purpose of hunting, trapping, or fishing.
4095          (3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or
4096     fishing as provided in this title for other lands and waters.
4097          Section 157. Section 23A-6-403, which is renumbered from Section 23-21-5 is
4098     renumbered and amended to read:
4099          [23-21-5].      23A-6-403. State-owned lands authorized for use as wildlife
4100     management areas, fishing waters, and for other recreational activities.
4101          (1) The Wildlife Board [is authorized to] may use any and all unsurveyed state-owned
4102     lands below the 1855 meander line of the Great Salt Lake within the following townships for
4103     the creation, operation, maintenance and management of wildlife management areas, fishing
4104     waters and other recreational activities:
4105          Township 2 South, Range 5 West, S.L.B. and M.; Township 2 South, Range 4 West,
4106     S.L.B. and M.; Township 1 South, Range 5 West, S.L.B. and M.; Township 1 South, Range 4
4107     West, S.L.B. and M.; Township 1 South, Range 3 West, S.L.B. and M.; Township 1 North,
4108     Range 3 West, S.L.B. and M.; Township 1 North, Range 2 West, S.L.B. and M.; Township 2
4109     North, Range 3 West, S.L.B. and M.; Township 2 North, Range 2 West, S.L.B. and M.;
4110     Township 2 North, Range 1 West, S.L.B. and M.; Township 3 North, Range 3 West, S.L.B.
4111     and M.; Township 3 North, Range 2 West, S.L.B. and M.; Township 3 North, Range 1 West,
4112     S.L.B. and M.; Township 4 North, Range 3 West, S.L.B. and M.; Township 4 North, Range 2
4113     West, S.L.B. and M.; Sections 1, 2, 11, 12, 13, 14, 23, and 24, Township 4 North, Range 4
4114     West, S.L.B. and M.; Township 5 North, Range 3 West, S.L.B. and M.; Township 5 North,
4115     Range 4 West, S.L.B. and M.; Sections 1, 2, 3, 4, 11, and 12, Township 5 North, Range 5
4116     West, S.L.B. and M.; Township 6 North, Range 5 West, S.L.B. and M.; Township 6 North,
4117     Range 4 West, S.L.B. and M.; Township 6 North, Range 3 West, S.L.B. and M.; Township 7

4118     North, Range 5 West, S.L.B. and M.; Township 7 North, Range 4 West, S.L.B. and M.;
4119     Township 7 North, Range 3 West, S.L.B. and M.; Township 7 North, Range 2 West, S.L.B.
4120     and M.; Township 8 North, Range 5 West, S.L.B. and M.; Township 8 North, Range 4 West,
4121     S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Township 8 North, Range 2
4122     West, S.L.B. and M.; Township 9 North, Range 5 West, S.L.B. and M.; Township 9 North,
4123     Range 4 West, S.L.B. and M.; Township 11 North, Range 11 West, S.L.B. and M.; Township
4124     11 North, Range 10 West, S.L.B. and M.; Township 11 North, Range 9 West, S.L.B. and M.;
4125     Township 11 North, Range 8 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 10
4126     West, S.L.B. and M.; North 1/2 of Township 10 North, Range 9 West, S.L.B. and M.; North
4127     1/2 of Township 10 North, Range 8 West, S.L.B. and M.
4128          (2) (a) The Wildlife Board shall establish a wildlife management area known as the
4129     "Willard Spur Waterfowl Management Area" on the unsurveyed state-owned lands below the
4130     1855 meander line of the Great Salt Lake in Sections 26, 35, 36 of Township 8 North, Range 4
4131     West, S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Sections 1, 2, 11, 12 of
4132     Township 7 North, Range 4 West, S.L.B. and M.; Township 7 North, Range 3 West, S.L.B.
4133     and M.; Sections 20, 21, 29, 30, 31 of Township 8 North, Range 2 West, S.L.B. and M.[;
4134     excepting], except for the following:
4135          (i) lands within the May 14, 2019, boundaries of the Bear River Migratory Bird
4136     Refuge;
4137          (ii) lands within the May 14, 2019, boundaries of Harold Crane Waterfowl
4138     Management Area;
4139          (iii) lands within the May 14, 2019, boundaries of Willard Bay Reservoir; and
4140          (iv) lands within the May 14, 2019, boundaries of state mineral leases.
4141          (b) The division shall execute a memorandum of understanding with the Division of
4142     Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands
4143     described in Subsection (2)(a) as a wildlife management area.
4144          (c) The division shall manage the state-owned lands described in Subsection (2)(a) as a
4145     wildlife management area and consistent with:

4146          (i) the beneficial purposes identified in Subsection (2)(d); and
4147          (ii) a management plan created consistent with the procedures in this chapter for a
4148     management plan.
4149          (d) The division shall manage the Willard Spur Waterfowl Management Area for the
4150     following beneficial purposes:
4151          (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals,
4152     shorebirds, and other migratory and nonmigratory birds that use the Great Salt Lake ecosystem
4153     and the Great Salt Lake ecosystem's surrounding wetlands;
4154          (ii) preserving and enhancing the natural function, vegetation, and water flows under
4155     existing or acquired water rights to provide productive habitat for the species listed in
4156     Subsection (2)(d)(i);
4157          (iii) providing recreational opportunity for traditional marsh-related activities,
4158     including hunting, fishing, trapping, and wildlife viewing; and
4159          (iv) providing public access in the management area for purposes of hunting, fishing,
4160     trapping, and wildlife viewing, including access with airboats and other small watercraft.
4161          (e) The division shall provide the habitat, recreational opportunities, and public access
4162     described in Subsection (2)(d) without construction or use of an impounding dike, impounding
4163     levee, or other impounding structure.
4164          (f) Notwithstanding the purposes identified in Subsection (2)(d), the division may not
4165     prohibit year-round public airboat and small watercraft access in the management area except
4166     in selected areas during limited periods of time to protect habitat, nesting birds, or vulnerable
4167     wildlife.
4168          Section 158. Section 23A-6-404, which is renumbered from Section 23-21-7 is
4169     renumbered and amended to read:
4170          [23-21-7].      23A-6-404. Unlawful uses and activities on division lands.
4171          (1) Except as authorized by statute, rule, contractual agreement, special use permit,
4172     certificate of registration, or public notice, a person may not on division land:
4173          (a) remove, extract, use, consume, or destroy [any] an improvement or cultural or

4174     historic resource;
4175          (b) remove, extract, use, consume, or destroy [any] sand, gravel, cinder, ornamental
4176     rock, or other common mineral resource, or vegetation resource, except a person may collect
4177     for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on
4178     the surface of the ground;
4179          (c) allow livestock to graze;
4180          (d) remove [any] a plant or portion of a plant for commercial gain purposes;
4181          (e) enter, use, or occupy division land that is posted against entry, use, or occupancy;
4182          (f) enter, use, or occupy division land as part of a group of more than 25 people, except
4183     a group may include up to 50 persons if the group consists of extended family members;
4184          (g) enter, use, or occupy division land while engaged in or part of an organized event;
4185          (h) use, occupy, destroy, move, or construct [any] a structure, including [fences, water
4186     control devices, roads, survey and section markers, or signs] a fence, water control device,
4187     road, survey and section marker, or sign;
4188          (i) prohibit, prevent, or obstruct public entry on division lands when public entry is
4189     authorized by the division;
4190          (j) attempt to manage or control division lands in a manner inconsistent with division
4191     management plans, rules, or policies;
4192          (k) solicit, promote, negotiate, barter, sell, or trade [any] a product or service on, or
4193     obtained from, division lands for commercial gain;
4194          (l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the
4195     area is posted for a different duration;
4196          (m) light a fire without taking adequate precaution to prevent spreading of the fire or
4197     leave a fire unattended;
4198          [(n) use fireworks, explosives, poisons, herbicides, insecticides, or pesticides;]
4199          (n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;
4200          (o) use a motorized [vehicles] vehicle of any kind except as authorized by declaration,
4201     management plan, or posting; or

4202          (p) use division lands for [any] a purpose that violates applicable land use restrictions
4203     imposed by statute, rule, or by the division.
4204          (2) A person [or entity which] who unlawfully uses division lands is liable for damages
4205     in the amount of:
4206          (a) the value of the resource removed, destroyed, or extracted;
4207          (b) the amount of damage caused; and
4208          (c) whichever is greater of:
4209          (i) the value of [any] losses or expenses caused as a result of interference with
4210     authorized activities; or
4211          (ii) the consideration which would have been charged by the division for use of the
4212     land during the period of trespass.
4213          (3) This section does not apply to division employees or division volunteers while
4214     acting in the lawful performance of [their] the employees' or volunteers' duties.
4215          (4) Except as otherwise provided by statute, the criminal penalty for a violation of [any
4216     provision of] this section is prescribed in Section [23-13-11] 23A-5-301.
4217          Section 159. Section 23A-7-101, which is renumbered from Section 23-23-2 is
4218     renumbered and amended to read:
4219     
CHAPTER 7. COOPERATIVE WILDLIFE MANAGEMENT UNITS

4220     
Part 1. General Provisions

4221          [23-23-2].      23A-7-101. Definitions.
4222          As used in this chapter:
4223          (1) "Cooperative wildlife management unit" [or "unit"] means a generally contiguous
4224     area of land that is:
4225          (a) open for hunting small game, waterfowl, cougar, turkey, or big game [which is];
4226     and
4227          (b) registered in accordance with this chapter and rules of the Wildlife Board.
4228          (2) [(a)] "Cooperative wildlife management unit agent" means a person appointed by a
4229     landowner, landowner association, or landowner association operator to perform the functions

4230     described in Section [23-23-9] 23A-7-207.
4231          [(b) For purposes of this chapter, a cooperative wildlife management unit agent may
4232     not:]
4233          [(i) be appointed by the division or the state;]
4234          [(ii) be an employee or agent of the division;]
4235          [(iii) receive compensation from the division or the state to act as a cooperative
4236     wildlife management unit agent; or]
4237          [(iv) act as a peace officer or perform any duties of a peace officer without qualifying
4238     as a peace officer under Title 53, Chapter 13, Peace Officer Classifications.]
4239          (3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
4240     or other identifying document authorizing the possessor to hunt small game or waterfowl in a
4241     cooperative wildlife management unit.
4242          (4) "Cooperative wildlife management unit permit" means a permit authorizing the
4243     possessor to hunt cougar, turkey, or big game in a cooperative wildlife management unit.
4244          [(5) "Division" means the Division of Wildlife Resources.]
4245          [(6)] (5) "Landowner association" means a landowner or an organization of owners of
4246     private lands who operates a cooperative wildlife management unit.
4247          [(7) (a)] (6) "Landowner association operator" means a person designated by a
4248     landowner association to operate the cooperative wildlife management unit.
4249          [(b) For purposes of this chapter, a landowner association operator may not:]
4250          [(i) be appointed by the division; or]
4251          [(ii) be an employee or agent of the division.]
4252          Section 160. Section 23A-7-102, which is renumbered from Section 23-23-3 is
4253     renumbered and amended to read:
4254          [23-23-3].      23A-7-102. Rulemaking authority of Wildlife Board.
4255          The Wildlife Board [is authorized to] may make and enforce rules applicable to
4256     cooperative wildlife management units organized for the hunting of small game, waterfowl,
4257     cougar, turkey, or big game that in [its] the Wildlife Board's judgment are necessary to

4258     administer and enforce [the provisions of] this chapter.
4259          Section 161. Section 23A-7-103, which is renumbered from Section 23-23-1 is
4260     renumbered and amended to read:
4261          [23-23-1].      23A-7-103. Purposes of wildlife management units.
4262          [Cooperative] A cooperative wildlife management [units are] unit is established to:
4263          (1) provide income to landowners;
4264          (2) create satisfying hunting opportunities;
4265          (3) increase wildlife resources;
4266          (4) provide adequate protection to landowners who open their lands for hunting; and
4267          (5) provide access to public and private lands for hunting.
4268          Section 162. Section 23A-7-201, which is renumbered from Section 23-23-4 is
4269     renumbered and amended to read:
4270     
Part 2. Requirements

4271          [23-23-4].      23A-7-201. Operation by landowner association.
4272          (1) A landowner association shall operate a cooperative wildlife management unit as
4273     prescribed by this chapter and the rules of the Wildlife Board.
4274          (2) For purposes of this chapter, a landowner association operator may not:
4275          (a) be appointed by the division; or
4276          (b) be an employee or agent of the division.
4277          Section 163. Section 23A-7-202, which is renumbered from Section 23-23-5 is
4278     renumbered and amended to read:
4279          [23-23-5].      23A-7-202. Certificate of registration -- Renewal.
4280          (1) A landowner association may not establish or operate a cooperative wildlife
4281     management unit without first obtaining a certificate of registration from the Wildlife Board.
4282          (2) The Wildlife Board may renew annually certificates of registration if the landowner
4283     association has previously complied with this chapter and the rules of the Wildlife Board made
4284     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4285          Section 164. Section 23A-7-203, which is renumbered from Section 23-23-6 is

4286     renumbered and amended to read:
4287          [23-23-6].      23A-7-203. Season dates -- Boundaries -- Review by councils and
4288     Wildlife Board.
4289          (1) The Wildlife Board shall establish season dates and boundaries for each
4290     cooperative wildlife management unit.
4291          (2) Season dates may differ from general statewide season dates.
4292          (3) At least every five years, the relevant regional advisory council and Wildlife Board
4293     shall review a cooperative wildlife management [units] unit containing public land [will be
4294     reviewed by the regional advisory councils and the Wildlife Board].
4295          Section 165. Section 23A-7-204, which is renumbered from Section 23-23-7 is
4296     renumbered and amended to read:
4297          [23-23-7].      23A-7-204. Permits -- Acreage and lands that may be included --
4298     Posting of boundaries.
4299          (1) The division shall provide cooperative wildlife management unit authorizations for
4300     hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
4301          (2) At least 50% of the cooperative wildlife management unit authorizations for
4302     hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
4303     offered for sale to the general public at the times and places designated on the application for a
4304     certificate of registration.
4305          (3) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4306     hunting small game or waterfowl shall consist of private land.
4307          (b) At least 75% of the acreage within the boundaries of [each] a cooperative wildlife
4308     management unit organized for the hunting of small game or waterfowl shall be open to
4309     hunting by holders of valid authorizations.
4310          (4) (a) The division may issue cooperative wildlife management unit permits for
4311     hunting cougar, turkey, or big game to permittees:
4312          (i) qualifying through a public drawing; or
4313          (ii) named by the cooperative wildlife management unit operator.

4314          (b) The Wildlife Board may specify by rule, made in accordance with Title 63G,
4315     Chapter 3, Utah Administrative Rulemaking Act, those persons who are eligible to draw a
4316     cooperative wildlife management unit permit in a public drawing.
4317          (5) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4318     hunting cougar, turkey, or big game shall consist of private land to the extent practicable.
4319     Public land may be included within a cooperative wildlife management unit if:
4320          (i) the public land is completely surrounded by private land or is otherwise inaccessible
4321     to the general public;
4322          (ii) including public land is necessary to establish a readily identifiable boundary; or
4323          (iii) including public land is necessary to achieve cougar, turkey, or big game
4324     management objectives.
4325          (b) If [any] public land is included within a cooperative wildlife management unit:
4326          (i) the landowner association shall meet applicable federal or state land use
4327     requirements on the public land; and
4328          (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
4329     made available to the general public to reflect the proportion of public lands to private lands
4330     within the cooperative wildlife management unit.
4331          (6) [Each] A landowner association shall:
4332          (a) clearly post [all] the boundaries of the cooperative wildlife management unit by
4333     displaying signs containing information prescribed by rule of the Wildlife Board at the
4334     locations specified in Subsection [23-20-14(1)(d)] 23A-5-317(1)(c); and
4335          (b) provide a written copy of [its] the landowner association's guidelines to each holder
4336     of an authorization or permit.
4337          Section 166. Section 23A-7-205, which is renumbered from Section 23-23-7.5 is
4338     renumbered and amended to read:
4339          [23-23-7.5].      23A-7-205. Landowner association to provide comparable hunting
4340     opportunities.
4341          A landowner association shall provide [each] a holder of an authorization or permit a

4342     comparable hunting opportunity in terms of hunting area and number of days.
4343          Section 167. Section 23A-7-206, which is renumbered from Section 23-23-8 is
4344     renumbered and amended to read:
4345          [23-23-8].      23A-7-206. Compensation for damage -- Claims.
4346          (1) A landowner participating in a cooperative wildlife management unit who incurs
4347     damages caused by a hunter on [his or her] the landowner's land may submit a claim and
4348     receive compensation for the claim from money received for cooperative wildlife management
4349     unit authorization or permit fees collected by the landowner association.
4350          [(1) These claims shall:]
4351          (2) The claims under Subsection (1) shall:
4352          (a) be paid first and have priority over all other obligations of the landowner
4353     association;
4354          (b) be reviewed, investigated, and paid by the landowner association; and
4355          (c) not exceed annual revenues of a cooperative wildlife management unit.
4356          [(2)] (3) A landowner participating in a cooperative wildlife management unit who
4357     incurs damages caused by a hunter on [his or her] the landowner's land may not hold the state
4358     liable for compensation.
4359          Section 168. Section 23A-7-207, which is renumbered from Section 23-23-9 is
4360     renumbered and amended to read:
4361          [23-23-9].      23A-7-207. Agents -- Appointment -- Identification -- Refusal of
4362     entry by agent.
4363          (1) A landowner association may appoint one or more cooperative wildlife
4364     management unit agents to protect private property of the cooperative wildlife management
4365     unit.
4366          (2) [Each] A cooperative wildlife management unit agent shall wear or have in [his or
4367     her] the cooperative wildlife management unit agent's possession a form of identification
4368     prescribed by the Wildlife Board [which] that indicates [he or she] that the individual is a
4369     cooperative wildlife management unit agent.

4370          (3) A cooperative wildlife management unit agent may refuse entry into private lands
4371     within a cooperative wildlife management unit to any person, except an owner of land within
4372     the cooperative wildlife management unit and [his or her] the landowner's employees, who:
4373          (a) does not have in [his or her] the person's possession a cooperative wildlife
4374     management unit authorization or permit;
4375          (b) endangers or has endangered human safety;
4376          (c) damages or has damaged private property within a cooperative wildlife
4377     management unit; or
4378          (d) fails or has failed to comply with reasonable rules of a landowner association.
4379          (4) In performing the functions described in this section, a cooperative wildlife
4380     management unit agent shall comply with the relevant laws of this state.
4381          (5) For purposes of this chapter, a cooperative wildlife management unit agent may
4382     not:
4383          (a) be appointed by the division or the state;
4384          (b) be an employee or agent of the division;
4385          (c) receive compensation from the division or the state to act as a cooperative wildlife
4386     management unit agent; or
4387          (d) act as a peace officer or perform the duties of a peace officer without qualifying as
4388     a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
4389          Section 169. Section 23A-7-208, which is renumbered from Section 23-23-10 is
4390     renumbered and amended to read:
4391          [23-23-10].      23A-7-208. Possession of permits and licenses by hunter --
4392     Restrictions.
4393          (1) A person may not hunt in a cooperative wildlife management unit without having in
4394     [his or her] the person's possession:
4395          (a) a valid cooperative wildlife management unit authorization or permit or other
4396     permit as authorized by the [wildlife board] Wildlife Board; and
4397          (b) the necessary hunting licenses[, tags, and stamps] and tags.

4398          (2) A cooperative wildlife management unit authorization or permit:
4399          (a) entitles the holder to hunt only in the cooperative wildlife management unit
4400     specified on the authorization or permit pursuant to rules and proclamations of the Wildlife
4401     Board and does not entitle the holder to hunt on any other private or public land; and
4402          (b) constitutes written permission for trespass as required under Section [23-20-14]
4403     23A-5-317.
4404          Section 170. Section 23A-7-209, which is renumbered from Section 23-23-11 is
4405     renumbered and amended to read:
4406          [23-23-11].      23A-7-209. Failure to comply with rules and requirements.
4407          A person shall leave private property within a cooperative wildlife management unit
4408     immediately, upon request of a landowner, landowner association operator, or cooperative
4409     wildlife management unit agent, if that person:
4410          (1) does not have in that person's possession a cooperative wildlife management unit
4411     authorization or permit;
4412          (2) endangers or has endangered human safety;
4413          (3) damages or has damaged private property within a cooperative wildlife
4414     management unit; or
4415          (4) fails or has failed to comply with reasonable rules of a landowner association.
4416          Section 171. Section 23A-7-210, which is renumbered from Section 23-23-12 is
4417     renumbered and amended to read:
4418          [23-23-12].      23A-7-210. Damage or destruction of property.
4419          A person on the land of another person may not intentionally damage, disarrange, or
4420     destroy that person's property.
4421          Section 172. Section 23A-7-211, which is renumbered from Section 23-23-13 is
4422     renumbered and amended to read:
4423          [23-23-13].      23A-7-211. Violation of chapter -- Class B misdemeanor.
4424          Any person who violates [any provision of] this chapter is guilty of a class B
4425     misdemeanor, unless another penalty is provided elsewhere in the laws of this state.

4426          Section 173. Section 23A-7-212, which is renumbered from Section 23-23-14 is
4427     renumbered and amended to read:
4428          [23-23-14].      23A-7-212. Landowner protection under Landowner Liability Act.
4429          [Landowners who participate in] A landowner who participates in a cooperative
4430     wildlife management [units shall have] unit has the full protection afforded under Title 57,
4431     Chapter 14, Limitations on Landowner Liability.
4432          Section 174. Section 23A-8-101 is enacted to read:
4433     
CHAPTER 8. WILDLIFE DAMAGE

4434     
Part 1. General Provisions

4435          23A-8-101. Definitions.
4436          As used in this chapter:
4437          (1) "72 hours" means a time period that begins with the hour a request for action is
4438     made pursuant to Section 23A-8-402 and ends 72 hours later with the exclusion of any hour
4439     that occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
4440     63G-1-301.
4441          (2) "Cultivated crops" means:
4442          (a) annual or perennial crops harvested from or on cleared and planted land;
4443          (b) perennial orchard trees on cleared and planted land;
4444          (c) crop residues that have forage value for livestock; and
4445          (d) pastures.
4446          (3) "Depredation" means an act causing damage or death.
4447          (4) "Depredation mitigation plan" means the plan described in Subsection
4448     23A-8-402(2).
4449          (5) "Growing season" means the portion of a year in which local conditions permit
4450     normal plant growth.
4451          (6) "Livestock" means cattle, sheep, horses, goats, or turkeys.
4452          (7) "Management unit" means a prescribed area of contiguous land designated by the
4453     division for the purpose of managing a species of big game animal.

4454          (8) "Mitigation review panel" means the panel created under Section 23A-8-404.
4455          (9) (a) For purposes of Part 2, Damage in General, "predator" means a mountain lion or
4456     bear.
4457          (b) For purposes of Part 4, Damage by Big Game, "predator" means a cougar, bear, or
4458     coyote.
4459          (10) For purposes of Section 23A-8-302, "turkey" means a wild, free-ranging turkey
4460     and does not include a privately owned or domestic turkey.
4461          (11) "Wildlife Services Program" means a program of the United States Department of
4462     Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4463     natural resources, and to safeguard human health and safety.
4464          (12) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4465     Services specialist.
4466          (13) (a) "Wolf" means the gray wolf Canis lupus.
4467          (b) "Wolf" does not mean a wolf hybrid with a domestic dog.
4468          Section 175. Section 23A-8-201, which is renumbered from Section 23-24-1 is
4469     renumbered and amended to read:
4470     
Part 2. Damage in General

4471          [23-24-1].      23A-8-201. Procedure to obtain compensation for livestock damage
4472     done by bear, mountain lion, wolf, or eagle.
4473          [(1) As used in this section:]
4474          [(a) "Damage" means injury to or loss of livestock.]
4475          [(b) "Division" means the Division of Wildlife Resources.]
4476          [(c) "Livestock" means cattle, sheep, goats, or turkeys.]
4477          [(d) (i) "Wolf" means the gray wolf Canis lupus.]
4478          [(ii) "Wolf" does not mean a wolf hybrid with a domestic dog.]
4479          [(2)] (1) (a) (i) Except as provided by Subsection [(2)] (1)(a)(ii), if livestock are
4480     damaged by a bear, mountain lion, wolf, or an eagle, the owner may receive compensation for
4481     the fair market value of the damage to the livestock.

4482          (ii) The owner of livestock may not receive compensation if the livestock is damaged
4483     by a wolf within an area where a wolf is endangered or threatened under the Endangered
4484     Species Act of 1973, 16 U.S.C. Sec. 1531, et seq.
4485          (b) To obtain [this] compensation under this section, the owner of the damaged
4486     livestock shall notify the division of the damage as soon as possible, but no later than four days
4487     after the damage to the livestock is discovered.
4488          (c) The owner shall notify the division each time [any] damage to livestock is
4489     discovered.
4490          [(3)] (2) The livestock owner shall file a proof of loss form, provided by the division,
4491     no later than 30 days after the original notification of damage to livestock was given to the
4492     division by the owner.
4493          [(4)] (3) (a) (i) The division, with the assistance of the Department of Agriculture and
4494     Food shall:
4495          (A) within 30 days after the owner files the proof of loss form, either accept or deny the
4496     claim for damages; and
4497          (B) subject to Subsections [(4)] (3)(a)(ii) through [(4)] (3)(a)(iv), pay [all] the accepted
4498     claims to the extent money appropriated by the Legislature is available for this purpose.
4499          (ii) Money appropriated from the Wildlife Resources Account may be used to provide
4500     compensation for only up to 50% of the fair market value of [any] damaged livestock.
4501          (iii) Money appropriated from the Wildlife Resources Account may not be used to
4502     provide compensation for livestock damaged by an eagle or a wolf.
4503          (iv) The division may not pay [any] an eagle damage claim until the division has paid
4504     all accepted mountain lion and bear livestock damage claims for the fiscal year.
4505          (b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a
4506     livestock owner unless the owner has filed a completed livestock form and the appropriate fee
4507     as outlined in Section 4-23-107 for the immediately preceding and current year.
4508          (c) (i) Unless the division denies a claim for the reason identified in Subsection [(4)]
4509     (3)(b), the owner may appeal the decision to a panel consisting of one person selected by the

4510     owner, one person selected by the division, and a third person selected by the first two panel
4511     members.
4512          (ii) The panel shall decide whether the division should pay all of the claim, a portion of
4513     the claim, or none of the claim.
4514          [(5)] (4) [By following the procedures and requirements of Title 63G, Chapter 3, Utah
4515     Administrative Rulemaking Act, the] The Wildlife Board may make rules, in accordance with
4516     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules to administer
4517     and enforce this section.
4518          Section 176. Section 23A-8-202, which is renumbered from Section 23-24-2 is
4519     renumbered and amended to read:
4520          [23-24-2].      23A-8-202. Livestock depredation by predators.
4521          [(1) As used in this section:]
4522          [(a) "Depredation" means an act causing damage or death.]
4523          [(b) "Director" means the director of the Division of Wildlife Resources.]
4524          [(c) "Division" means the Division of Wildlife Resources.]
4525          [(d) "Livestock" means cattle, sheep, goats, horses, or turkeys.]
4526          [(e) "Predator" means a mountain lion or bear.]
4527          [(f) "Wildlife Board" means the board created in Section 23-14-2.]
4528          [(g) "Wildlife Services Program" means a program of the United States Department of
4529     Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4530     natural resources, and to safeguard human health and safety.]
4531          [(h) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4532     Services specialist.]
4533          [(2)] (1) If a predator harasses, chases, disturbs, harms, attacks, or kills livestock,
4534     within 96 hours of the act:
4535          (a) in a depredation case, the livestock owner, an immediate family member, or an
4536     employee of the livestock owner on a regular payroll and not specifically hired to take a
4537     predator, may take predators subject to the requirements of this section;

4538          (b) a landowner or livestock owner may notify the division of the depredation or
4539     human health and safety concerns, who may authorize a local hunter to take the offending
4540     predator or notify a wildlife specialist; or
4541          (c) the livestock owner may notify a wildlife specialist of the depredation who may
4542     take the depredating predator.
4543          [(3)] (2) A depredating predator may be taken at any time by a wildlife specialist,
4544     supervised by the Wildlife Services Program, while acting in the performance of the wildlife
4545     specialist's assigned duties and in accordance with procedures approved by the division.
4546          [(4)] (3) (a) A depredating predator may be taken by an individual authorized in
4547     Subsection [(2)] (1)(a):
4548          (i) with a weapon authorized by the division, pursuant to rules made by the Wildlife
4549     Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
4550     taking the predator; or
4551          (ii) only using snares:
4552          (A) with written authorization from the director;
4553          (B) subject to the conditions and restrictions set out in the written authorization; and
4554          (C) if the division verifies that there has been a chronic depredation situation when
4555     numerous livestock have been killed by a predator as described in rule made by the Wildlife
4556     Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4557          (b) An individual authorized in Subsection [(2)] (1)(a) to take depredating predators
4558     may take no more than two bears per incident.
4559          [(5)] (4) (a) In accordance with Subsection [(5)] (4)(b), the division may issue a
4560     depredation permit to take a predator on specified private lands and public land grazing
4561     allotments with a chronic depredation situation when numerous livestock have been killed by
4562     predators.
4563          (b) The division may:
4564          (i) issue one or more depredation permits to an affected livestock owner or a designee
4565     of the affected livestock owner, provided that the livestock owner does not receive monetary

4566     consideration from the designee for the opportunity to use the depredation permit;
4567          (ii) determine the legal weapons and methods of taking allowed; and
4568          (iii) specify the area and season that the depredation permit is valid.
4569          [(6)] (5) (a) A predator taken under Subsection [(2)] (1)(a) or [(5)] (4) remains the
4570     property of the state and shall be delivered to a division office or employee with 96 hours of the
4571     take.
4572          (b) The division may issue a predatory damage permit to a person who has taken a
4573     depredating predator under Subsection [(2)] (1)(a) that authorizes the individual to keep the
4574     carcass.
4575          (c) An individual who takes a predator under Subsection [(2)] (1)(a) or [(5)] (4) may
4576     acquire and use a limited entry permit or harvest objective permit in the same year.
4577          (d) Notwithstanding Subsections [(6)] (5)(b) and (c), a person may retain no more than
4578     one predator carcass annually.
4579          [(7)] (6) Money derived from the sale of a predator taken under this section shall be
4580     deposited into the Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
4581          [(8)] (7) Nothing in this section prohibits the division from permitting the removal of a
4582     bear causing damage to cultivated crops on cleared and planted land pursuant to rule made by
4583     the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4584     Act.
4585          [(9)] (8) Nothing is this section prohibits receiving compensation for livestock damage
4586     done by a bear, mountain lion, wolf, or eagle in accordance with Section [23-24-1] 23A-8-201.
4587          Section 177. Section 23A-8-203, which is renumbered from Section 23-18-4 is
4588     renumbered and amended to read:
4589          [23-18-4].      23A-8-203. Beaver damage -- Authorization to kill or trap.
4590          [Whenever] (1) When it is apparent that beaver are doing damage to, or are a menace
4591     to, private property, [any] a landowner or tenant may request authorization to kill or trap the
4592     beaver [so involved; and the Wildlife Board is empowered to].
4593          (2) The Wildlife Board may grant [such] authorization described in Subsection (1)

4594     under conditions prescribed by [it] the Wildlife Board.
4595          Section 178. Section 23A-8-301, which is renumbered from Section 23-17-4 is
4596     renumbered and amended to read:
4597     
Part 3. Damage by Birds

4598          [23-17-4].      23A-8-301. Crop damage by pheasants -- Notice to division --
4599     Damages for destroyed crops -- Limitations -- Appraisal.
4600          [Whenever pheasants are damaging]
4601          (1) When pheasants damage cultivated crops on cleared and planted land, the owner of
4602     [such] the cultivated crops shall immediately upon discovery of [such] the damage notify the
4603     [Division of Wildlife Resources. This notice shall be made] division both orally and in writing.
4604          (2) Upon being notified of [such] the damage to cultivated crops, the [Division of
4605     Wildlife Resources] division shall, as far as possible, control [such] the damage.
4606          (3) When pheasants damage or destroy cultivated crops on cleared and planted land,
4607     the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the
4608     owner notifies the division of the damage within 48 hours after the damage is discovered.
4609          (4) Subject to Subsection (5), the crop owner and the division shall make an appraisal
4610     of the damage as soon after notification as possible. If the crop owner and the division are
4611     unable to agree on the fair and equitable damage, they shall call upon a third party, consisting
4612     of one or more persons acquainted with the crops concerned and pheasants, to appraise the
4613     damage.
4614          (5) If a provision of this section conflicts with the requirements of the federal
4615     Pittman-Robertson Act or the regulations issued under that act, the provisions relating to
4616     damage claims are void.
4617          Section 179. Section 23A-8-302, which is renumbered from Section 23-17-5.1 is
4618     renumbered and amended to read:
4619          [23-17-5.1].      23A-8-302. Damage by turkeys.
4620          [(1) As used in this section, "turkey" means a wild, free-ranging turkey and does not
4621     include a privately owned or domestic turkey.]

4622          [(2)] (1) (a) If a turkey materially damages private property, the landowner or lessee of
4623     the property may:
4624          (i) notify the division of the damage; and
4625          (ii) request that the division take action to mitigate the damage.
4626          (b) The landowner or lessee of the damaged property shall allow division staff
4627     reasonable access to the damaged property to verify and mitigate the damage.
4628          [(3)] (2) (a) Within 72 hours after receiving a request for action under Subsection [(2)]
4629     (1)(a)(ii), the division shall investigate the damaged property and, if it appears that material
4630     damage by a turkey may continue, the division shall begin to:
4631          (i) remove or drive off the turkeys causing the damage; or
4632          (ii) implement a damage mitigation and prevention plan with the written approval of
4633     the landowner or lessee of the property.
4634          (b) As part of a damage mitigation and prevention plan described in Subsection [(3)]
4635     (2)(a)(ii), the division may:
4636          (i) schedule a depredation hunt;
4637          (ii) issue a permit to the landowner or lessee to, during a general or special season hunt
4638     authorized by the Wildlife Board, take a turkey on the property;
4639          (iii) allow the landowner or lessee to designate recipients who may obtain a mitigation
4640     permit to, during a general or special season hunt authorized by the Wildlife Board, take a
4641     turkey on the property;
4642          (iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a
4643     turkey that causes damage to the property;
4644          (v) capture and relocate, or allow the landowner or lessee to capture and relocate, a
4645     turkey that causes damage to the property; or
4646          (vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise
4647     prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable
4648     for the location of the property due to local law or public safety concerns.
4649          (c) If the division takes an action described in Subsection [(3)] (2)(b)(ii) or (iii), the

4650     division shall specify the number and sex of turkeys the landowner or lessee is authorized to
4651     take in accordance with Subsection [(3)] (2)(b)(ii) or (iii).
4652          (d) If a landowner or lessee takes a turkey under Subsection [(3)] (2)(b)(ii), the division
4653     and the landowner or lessee shall jointly determine the number of turkeys the landowner or
4654     lessee may retain.
4655          [(4)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4656     Act, the Wildlife Board may make rules necessary to administer [the provisions of] this
4657     section.
4658          Section 180. Section 23A-8-401, which is renumbered from Section 23-16-2 is
4659     renumbered and amended to read:
4660     
Part 4. Damage by Big Game

4661          [23-16-2].      23A-8-401. Removal of big game animals doing damage.
4662          The director [of the division of Wildlife Resources] may authorize the removal of big
4663     game animals when [they] the big game animals are doing actual damage. [Animals so
4664     removed shall be sold or otherwise disposed of by the Division of Wildlife Resources, and any]
4665     The division shall sell or otherwise dispose of a big game animal removed pursuant to this
4666     section and money derived from the sale of these big game animals shall be placed in the
4667     Wildlife Resources Account.
4668          Section 181. Section 23A-8-402, which is renumbered from Section 23-16-3 is
4669     renumbered and amended to read:
4670          [23-16-3].      23A-8-402. Damage to cultivated crops, livestock forage, fences, or
4671     irrigation equipment by big game animals -- Notice to division -- Depredation mitigation
4672     plan.
4673          (1) (a) If on private land big game animals damage cultivated crops, livestock forage,
4674     fences, or irrigation equipment, the landowner or lessee shall immediately, upon discovery of
4675     the damage, request that the division take action to alleviate the depredation problem.
4676          (b) The landowner or lessee shall allow division personnel reasonable access to the
4677     property sustaining damage to verify and alleviate the depredation problem.

4678          (2) (a) Within 72 hours after receiving the request for action under Subsection (1)(a),
4679     the division shall investigate the situation, and if it appears that depredation by big game
4680     animals may continue, the division shall:
4681          (i) remove the big game animals causing depredation; or
4682          (ii) implement a depredation mitigation plan that is approved, in writing, by the
4683     landowner or lessee.
4684          (b) A depredation mitigation plan may provide for any or all of the following:
4685          (i) the scheduling of a depredation hunt;
4686          (ii) issuing permits to the landowners or lessees, to take big game animals causing
4687     depredation during a general or special season hunt authorized by the Wildlife Board;
4688          (iii) allowing landowners or lessees to designate recipients who may obtain a
4689     mitigation permit to take big game animals on the landowner's or lessee's land during a general
4690     or special season hunt authorized by the Wildlife Board; or
4691          (iv) a description of how the division will assess and compensate the landowner or
4692     lessee under Section [23-16-4] 23A-8-405 for damage to cultivated crops, fences, or irrigation
4693     equipment.
4694          (c) (i) The division shall specify the number and sex of the big game animals that may
4695     be taken pursuant to Subsections (2)(b)(ii) and (iii).
4696          (ii) [Control efforts shall be directed] The division shall direct control efforts toward
4697     antlerless animals, if possible.
4698          (d) [A] The director or the director's designee shall approve a permit issued for an
4699     antlered animal [shall be approved by the division director or the director's designee].
4700          (e) The division and the landowner or lessee shall jointly determine the number of big
4701     game animals taken pursuant to Subsection (2)(b)(ii) of which the landowner or lessee may
4702     retain possession.
4703          (f) In determining appropriate remedial action under this Subsection (2), the division
4704     shall consider:
4705          (i) the extent of damage experienced or expected in a single growing season; and

4706          (ii) [any] revenue the landowner derives from:
4707          (A) participation in a cooperative wildlife management unit;
4708          (B) use of landowner association permits;
4709          (C) use of mitigation permits; and
4710          (D) charging for hunter access.
4711          (3) [Any] A landowner or lessee shall determine a fee for accessing the owner's or
4712     lessee's land [shall be determined by the landowner or lessee].
4713          (4) (a) If the landowner or lessee who approved the depredation mitigation plan under
4714     Subsection (2)(a)(ii) subsequently determines that the plan is not acceptable, the landowner or
4715     lessee may revoke the landowner's or lessee's approval of the plan and again request that the
4716     division take action pursuant to Subsection (2)(a)(i).
4717          (b) [A] The division shall consider a subsequent request for action provided under
4718     Subsection (4)(a) [shall be considered] to be a new request for purposes of the 72-hour time
4719     limit specified in Subsection (2)(a).
4720          (5) (a) The division may enter into a conservation lease with the owner or lessee of
4721     private lands for a fee or other remuneration as compensation for depredation.
4722          (b) [Any] A conservation lease entered into under this section shall provide that the
4723     claimant may not unreasonably restrict hunting on the land or passage through the land to
4724     access public lands for the purpose of hunting, if those actions are necessary to control or
4725     mitigate damage by big game animals.
4726          Section 182. Section 23A-8-403, which is renumbered from Section 23-16-3.1 is
4727     renumbered and amended to read:
4728          [23-16-3.1].      23A-8-403. Landowner or lessee may kill big game animals.
4729          (1) (a) A landowner or lessee may kill big game animals damaging [those] cultivated
4730     crops on private land if:
4731          (i) it is necessary to protect cultivated crops;
4732          (ii) 72 hours has expired since a request for action is given pursuant to Subsection
4733     [23-16-3] 23A-8-402(1)(a);

4734          (iii) the landowner or lessee has provided or sent written notice of an intent to kill the
4735     big game animal to the nearest regional office of the division;
4736          (iv) the landowner or lessee kills the big game animal within 90 days, or a longer
4737     period, if approved, in writing, by the division, after having requested that the division take
4738     action to prevent depredation under Subsection [23-16-3] 23A-8-402(1)(a); and
4739          (v) the killing is not prohibited by Subsection (2)(a) or (3).
4740          (b) Immediately after killing a big game animal under Subsection (1)(a), the landowner
4741     or lessee shall notify the division of the killing.
4742          (c) The carcass of a big game animal killed under Subsection (1)(a) is the property of
4743     the division and the division shall dispose of the carcass.
4744          (d) Money derived from the sale of big game animals killed shall be placed in the
4745     Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
4746          (e) A landowner or lessee who kills big game animals pursuant to this section shall:
4747          (i) make reasonable effort to prevent the big game animals from wasting; and
4748          (ii) provide the division reasonable access to the landowner's or lessee's land to retrieve
4749     and dispose of the big game animals.
4750          (2) (a) The [division] director may prohibit the killing of big game animals under
4751     Subsection (1)(a) if, within 72 hours after a landowner or lessee has requested that the division
4752     take action to remove depredating big game animals, the division:
4753          (i) determines that the restitution value of the big game animal or animals, as
4754     established under Section [23-20-4.5] 23A-5-312, is more than twice the estimated value of the
4755     cultivated crops that have been or will be damaged or consumed within a single growing
4756     season;
4757          (ii) determines that the prohibition is consistent with the management plan established
4758     under Section [23-16-7] 23A-11-301;
4759          (iii) notifies the landowner or lessee of the prohibition; and
4760          (iv) offers the landowner or lessee a depredation mitigation plan.
4761          (b) A landowner or lessee who is offered a depredation mitigation plan may:

4762          (i) accept the plan in writing; or
4763          (ii) refuse to accept the plan and appeal the plan, in writing, to the [division] director.
4764          (3) After a landowner or lessee has killed a big game animal under Subsection (1)(a),
4765     the [division] director may prohibit [any] further killing of big game animals if:
4766          (a) the division takes the actions described in Subsections (2)(a)(i) through (iv); or
4767          (b) the mitigation review panel reviews and approves the depredation mitigation plan.
4768          Section 183. Section 23A-8-404, which is renumbered from Section 23-16-3.2 is
4769     renumbered and amended to read:
4770          [23-16-3.2].      23A-8-404. Mitigation review panel.
4771          (1) A mitigation review panel may be convened to review:
4772          (a) a depredation mitigation plan; or
4773          (b) division action under Section [23-16-4] 23A-8-405.
4774          (2) Membership of the mitigation review panel shall consist of:
4775          (a) the [division] director or the director's designee;
4776          (b) (i) the commissioner of the Department of Agriculture and Food or the
4777     commissioner's designee; or
4778          (ii) a representative of agricultural interests appointed by the commissioner of the
4779     Department of Agriculture and Food; and
4780          (c) a representative of Utah State University Extension Service appointed by the Vice
4781     President and Dean for University Extension.
4782          (3) (a) The [division] director shall convene a mitigation review panel if:
4783          (i) a landowner or lessee appeals a depredation mitigation plan under Subsection
4784     [23-16-3.1] 23A-8-403(2)(b)(ii);
4785          (ii) the [division] director requests review of a depredation mitigation plan; or
4786          (iii) the division receives a petition of an aggrieved party to a final division action
4787     under Section [23-16-4] 23A-8-405.
4788          (b) Within five business days of an appeal under Subsection [23-16-3.1]
4789     23A-8-403(2)(b)(ii) or a division request for review, the mitigation review panel shall review

4790     the depredation mitigation plan and approve or modify the plan.
4791          (c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii)
4792     in accordance with rules made by the Wildlife Board under Subsection [23-16-4]
4793     23A-8-405(6).
4794          (4) Judicial review of a mitigation review panel action under this section is governed
4795     by Title 63G, Chapter 4, Administrative Procedures Act.
4796          Section 184. Section 23A-8-405, which is renumbered from Section 23-16-4 is
4797     renumbered and amended to read:
4798          [23-16-4].      23A-8-405. Compensation for damage to crops, fences, or irrigation
4799     equipment -- Limitations -- Appeals.
4800          (1) The division may provide compensation to claimants for damage caused by big
4801     game animals to:
4802          (a) cultivated crops on private land;
4803          (b) fences on private land; or
4804          (c) irrigation equipment on private land.
4805          (2) To be eligible to receive compensation as provided in this section, the claimant
4806     shall:
4807          (a) notify the division of the damage within 72 hours after the damage is discovered;
4808     and
4809          (b) allow division personnel reasonable access to the property to verify and alleviate
4810     the depredation problem.
4811          (3) (a) The [appraisal of the damage shall be made by the] claimant and the division
4812     shall make an appraisal of the damage as soon after notification as possible.
4813          (b) In determining damage payment, the division and claimant shall consider:
4814          (i) the extent of damage experienced; and
4815          (ii) [any] revenue the landowner derives from:
4816          (A) participation in a cooperative wildlife management unit;
4817          (B) use of landowner association permits;

4818          (C) use of mitigation permits; and
4819          (D) charging for hunter access.
4820          (c) The division and claimant may not include speculative damages or claims of future
4821     value in an appraisal or damage payment beyond the growing season when the damage
4822     occurred under this section.
4823          (d) In determining how to assess and compensate for damages to cultivated crops, the
4824     [division's determination shall be based] division shall base the division's determination on the:
4825          (i) estimated number of big game animals that damaged or consumed cultivated crops;
4826          (ii) estimated quantity of cultivated crops damaged or consumed by big game animals;
4827          (iii) local market value of the cultivated crops that actually have been or will be
4828     damaged or consumed by big game animals;
4829          (iv) replacement value of an equivalent aged tree for perennial orchard trees; and
4830          (v) other documented costs directly incurred by the landowner or lessee because of
4831     damage to cultivated crops by big game animals.
4832          (e) If the claimant and the division are unable to agree on a fair and equitable damage
4833     payment, the claimant and division shall designate a third party, consisting of one or more
4834     persons familiar with the crops, fences, or irrigation equipment and the type of big game
4835     animals doing the damage, to appraise the damage.
4836          (4) (a) The total amount of compensation that may be provided by the division pursuant
4837     to this section and the total cost of fencing materials provided by the division to prevent crop
4838     damage may not exceed the legislative appropriation for fencing material and compensation for
4839     damaged crops, fences, and irrigation equipment.
4840          (b) (i) A claim of $1,000 or less may be paid after appraisal of the damage as provided
4841     in Subsection (3), unless the claim brings the total amount of claims submitted by the claimant
4842     in the fiscal year to an amount in excess of $1,000.
4843          (ii) A claim for damage to irrigation equipment may be paid after appraisal of the
4844     damage as provided in Subsection (3).
4845          (c) (i) A claim in excess of $1,000, or claim that brings the total amount of claims

4846     submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
4847     as follows:
4848          (A) $1,000 may be paid pursuant to the conditions of this section; and
4849          (B) the amount in excess of $1,000 may not be paid until the total amount of the
4850     approved claims of all the claimants and expenses for fencing materials for the fiscal year are
4851     determined.
4852          (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
4853     Subsection (4)(a), claims in excess of $1,000, or a claim that brings the total amount of a
4854     claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
4855          (5) The division may deny or limit compensation if the claimant:
4856          (a) fails to exercise reasonable care and diligence to avoid the loss or minimize the
4857     damage;
4858          (b) fails to provide the division reasonable access to the property;
4859          (c) fails to allow the division to use reasonable mitigation tools to alleviate the damage;
4860          (d) unreasonably restricts hunting on land under the claimant's control or passage
4861     through the land to access public lands for the purpose of hunting, after receiving written
4862     notification from the division of the necessity of allowing the hunting or access to control or
4863     mitigate damage by big game animals; or
4864          (e) fails to provide supporting evidence of cultivated crop values and claimed costs to
4865     the division during the damage appraisal process.
4866          (6) (a) The Wildlife Board shall make rules, in accordance with Title 63G, Chapter 3,
4867     Utah Administrative Rulemaking Act, and consistent with Subsection (6)(d), specifying
4868     procedures for the appeal of division actions under this section.
4869          (b) Upon the petition of an aggrieved party to a final division action, a mitigation
4870     review panel may review the action on the record and issue an order modifying or rescinding
4871     the division action.
4872          (c) A mitigation review panel may appoint a third party designated under Subsection
4873     (3)(e) for purposes of taking evidence and making recommendations for an order of the

4874     mitigation review panel. The mitigation review panel shall consider the recommendations of
4875     the designated third party in making decisions.
4876          (d) A mitigation review panel's review of final agency action and judicial review of
4877     final action by a mitigation review panel is governed by Title 63G, Chapter 4, Administrative
4878     Procedures Act.
4879          Section 185. Section 23A-9-101 is enacted to read:
4880     
CHAPTER 9. AQUATIC WILDLIFE

4881     
Part 1. General Provisions

4882          23A-9-101. Definitions.
4883          Reserved.
4884          Section 186. Section 23A-9-201, which is renumbered from Section 23-15-4 is
4885     renumbered and amended to read:
4886     
Part 2. Operations

4887          [23-15-4].      23A-9-201. Screens or other devices required -- Failure to install
4888     after notice a misdemeanor.
4889          [It is unlawful for any person, company or corporation to take any]
4890          (1) A person may not take water from the state streams, lakes, or reservoirs for power
4891     purposes, or for waterworks, without first furnishing and maintaining suitable screens or other
4892     devices to prevent fish from entering [such] the power plants, millraces, or waterworks
4893     system[; said].
4894          (2) A screen or other [devices] device is to be built and maintained under the direction
4895     of the [board] Wildlife Board and at the expense of [said] the owner or [operators . The failure
4896     of any person, firm or corporation] operator.
4897          (3) A person who fails to install a screen or device within 30 days after the Wildlife
4898     Board gives notice in writing [so to do has been given by the board is] to install the screen or
4899     device is guilty of a class B misdemeanor.
4900          Section 187. Section 23A-9-202, which is renumbered from Section 23-15-5 is
4901     renumbered and amended to read:

4902          [23-15-5].      23A-9-202. Notice of intention to drain or divert waterway.
4903          (1) [Any person, company or corporation] A person owning or controlling [any] an
4904     irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into [any] a state
4905     waterway containing protected aquatic wildlife [who shall desire] shall provide the notice
4906     described in Subsection (2) if the person:
4907          (a) desires to drain [any such waterway, or who shall intend] the waterway; or
4908          (b) intends to divert sufficient water from [any] a state waterway endangering the
4909     protected aquatic wildlife [therein,] in the state waterway.
4910          (2) If the conditions described in Subsection (1) are met, the person shall give five
4911     days' written notice to the [Division of Wildlife Resources prior to] division before the
4912     diversion except that under emergency conditions the person shall give reasonable notice [shall
4913     be given].
4914          Section 188. Section 23A-9-203, which is renumbered from Section 23-15-10 is
4915     renumbered and amended to read:
4916          [23-15-10].      23A-9-203. Private fish pond.
4917          (1) A private fish pond is not required to obtain a certificate of registration from the
4918     division to receive fish from an aquaculture facility if:
4919          (a) the pond is properly screened as provided in Subsection (3)(c); and
4920          (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
4921     Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4922          (2) (a) Except as provided in Subsection (2)(b), a private fish pond or a short-term
4923     fishing event may not be developed or held on:
4924          (i) a natural lake;
4925          (ii) a natural flowing stream; or
4926          (iii) a reservoir constructed on a natural stream channel.
4927          (b) The division may authorize a private fish pond on a natural lake or reservoir
4928     constructed on a natural stream channel upon inspecting and determining:
4929          (i) the pond and inlet source of the pond neither contain wild game fish nor are likely

4930     to support [such species] wild game fish in the future;
4931          (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
4932     wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
4933          (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
4934     compliance with the requirements of this title, rules of the Wildlife Board, and applicable law;
4935     and
4936          (iv) the pond is not vulnerable to flood or high water events capable of compromising
4937     the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
4938     state.
4939          (c) [Any] An authorization issued by the division under Subsection (2)(b) shall be in
4940     the form of a certificate of registration.
4941          (3) A person who owns or operates a private fish pond may receive a fish from an
4942     aquaculture facility if:
4943          (a) the aquaculture facility has a health approval number required by Section 4-37-501;
4944          (b) the species, strain, and reproductive capability of the fish is authorized by the
4945     Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish
4946     pond is located;
4947          (c) the private fish pond is screened in accordance with the Wildlife Board's rule, made
4948     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prevent the
4949     fish from moving into or out of the private fish pond;
4950          (d) the fish is not:
4951          (i) released from the private fish pond; or
4952          (ii) transported live to another location; and
4953          (e) the person provides the aquaculture facility with a signed statement that the private
4954     fish pond is in compliance with this section.
4955          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4956     Wildlife Board may make rules that:
4957          (a) specify the screen requirements to prevent the movement of fish into or out of the

4958     private fish pond;
4959          (b) specify the fish species that may not be stocked in a private fish pond located in the
4960     state;
4961          (c) establish a location or region where a specified species, strain, and reproductive
4962     capability of fish may be stocked in a private fish pond; and
4963          (d) specify procedures and requirements for authorizing development of a private fish
4964     pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
4965     reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
4966          (5) The division may inspect a private fish pond to verify compliance with this section
4967     and rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah
4968     Administrative Rulemaking Act.
4969          Section 189. Section 23A-9-204, which is renumbered from Section 23-15-13 is
4970     renumbered and amended to read:
4971          [23-15-13].      23A-9-204. Operation of aquaculture and fee fishing facilities.
4972          A person may engage in the following activities as provided by Title 4, Chapter 37,
4973     Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and
4974     Food and Wildlife Board:
4975          (1) acquisition, importation, or possession of aquatic animals intended for use in an
4976     aquaculture or fee fishing facility;
4977          (2) transportation of aquatic animals to or from an aquaculture facility or to a fee
4978     fishing facility;
4979          (3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility;
4980     and
4981          (4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing
4982     facility.
4983          Section 190. Section 23A-9-301, which is renumbered from Section 23-15-3 is
4984     renumbered and amended to read:
4985     
Part 3. Prohibitions


4986          [23-15-3].      23A-9-301. Diversion of water prohibited -- Exception for flood
4987     control.
4988          [Except in anticipation of and to provide for the carrying away and the safe disposal of
4989     natural storm and flood waters, no person may,]
4990          (1) Except as provided in Subsection (2), a person may not, without existing rights,
4991     divert so much water from [any] a natural stream, lake, pond, or natural lake or pond, the
4992     natural storage content of which has been increased by the construction of a dam, that the
4993     diversion unduly endangers protected aquatic wildlife.
4994          (2) A person may divert waters in a manner that would otherwise violate Subsection
4995     (1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm
4996     and flood waters.
4997          Section 191. Section 23A-9-302, which is renumbered from Section 23-15-6 is
4998     renumbered and amended to read:
4999          [23-15-6].      23A-9-302. Pollution of waters unlawful.
5000          [It is unlawful for any person to pollute any waters deemed necessary by]
5001          (1) A person may not pollute waters:
5002          (a) the Wildlife Board considers necessary for wildlife purposes [or any waters]; or
5003          (b) containing protected aquatic wildlife and stoneflies (Plecoptera), mayflies
5004     (Ephemoptera), dragonflies and damsel flies (Odonata), water bugs (Hemiptera), caddis flies
5005     (Trichoptera), spongilla flies (Neuroptera), and crustaceans. [Provided further that each]
5006          (2) Each day of pollution [shall constitute] constitutes a separate offense.
5007          Section 192. Section 23A-9-303, which is renumbered from Section 23-15-7 is
5008     renumbered and amended to read:
5009          [23-15-7].      23A-9-303. Taking protected aquatic wildlife or eggs unlawful
5010     except as authorized.
5011          [It is unlawful for any person to take any] A person may not take protected aquatic
5012     wildlife or eggs of [same in any of] aquatic wildlife in the waters of this state, except as
5013     provided by this [code] title or the rules [and regulations] of the Wildlife Board made in

5014     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5015          Section 193. Section 23A-9-304, which is renumbered from Section 23-15-8 is
5016     renumbered and amended to read:
5017          [23-15-8].      23A-9-304. Seining or selling aquatic wildlife unlawful except as
5018     authorized.
5019          [It is unlawful for any person to] Except as prescribed by this title or rules of the
5020     Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Procedures
5021     Act, a person may not seine:
5022          (1) for any kind of protected aquatic wildlife in [any of] the waters of this state; or
5023          (2) to sell protected aquatic wildlife [except as prescribed by this title or rules of the
5024     Wildlife Board].
5025          Section 194. Section 23A-9-305, which is renumbered from Section 23-15-9 is
5026     renumbered and amended to read:
5027          [23-15-9].      23A-9-305. Possession or transportation of live aquatic wildlife
5028     unlawful except as authorized -- Exceptions.
5029          (1) [It is unlawful for any person to] A person may not possess or transport live
5030     protected aquatic wildlife except as provided by this [code] title or the rules [and regulations]
5031     of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative
5032     Rulemaking Act.
5033          (2) This section does not apply to tropical and goldfish species intended for exhibition
5034     or commercial purposes. [Operators]
5035          (3) An operator of a properly registered private fish pond may transport live aquatic
5036     wildlife specified by the Wildlife Board in the operator's certificate of registration.
5037          Section 195. Section 23A-10-101, which is renumbered from Section 23-27-102 is
5038     renumbered and amended to read:
5039     
CHAPTER 10. AQUATIC INVASIVE SPECIES INTERDICTION

5040     
Part 1. General Provisions

5041          [23-27-102].      23A-10-101. Definitions.

5042          As used in this chapter:
5043          [(1) "Board" means the Wildlife Board.]
5044          [(2)] (1) (a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that
5045     may carry or contain a Dreissena mussel.
5046          (b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal
5047     watercraft, a container, a trailer, a live well, or a bilge area.
5048          [(3)] (2) "Decontaminate" means to:
5049          (a) drain and dry [all] non-treated water; and
5050          (b) chemically or thermally treat in accordance with rule.
5051          [(4) "Director" means the director of the division.]
5052          [(5) "Division" means the Division of Wildlife Resources.]
5053          [(6)] (3) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage,
5054     including a zebra mussel, a quagga mussel, and Conrad's false mussel.
5055          [(7)] (4) "Equipment" means an article, tool, implement, or device capable of carrying
5056     or containing:
5057          (a) water; or
5058          (b) a Dreissena mussel.
5059          [(8) "Executive director" means the executive director of the Department of Natural
5060     Resources.]
5061          [(9)] (5) "Facility" means a structure that is located within or adjacent to a water body.
5062          [(10)] (6) "Infested water" means a geographic region, water body, facility, or water
5063     supply system within or outside the state that the [board] Wildlife Board identifies in rule as
5064     carrying or containing a Dreissena mussel.
5065          [(11)] (7) "Vessel" means the same as that term is defined in Section 73-18-2.
5066          [(12)] (8) "Water body" means natural or impounded surface water, including a stream,
5067     river, spring, lake, reservoir, pond, wetland, tank, and fountain.
5068          [(13)] (9) (a) "Water supply system" means a system that treats, conveys, or distributes
5069     water for irrigation, industrial, waste water treatment, or culinary use.

5070          (b) "Water supply system" includes a pump, canal, ditch, or pipeline.
5071          (c) "Water supply system" does not include a water body.
5072          Section 196. Section 23A-10-201, which is renumbered from Section 23-27-201 is
5073     renumbered and amended to read:
5074     
Part 2. Invasive Species Prohibited

5075          [23-27-201].      23A-10-201. Invasive species prohibited -- Administrative
5076     inspection authorized.
5077          (1) Except as authorized in this title or a [board] Wildlife Board rule or order, a person
5078     may not:
5079          (a) possess, import, export, ship, or transport a Dreissena mussel;
5080          (b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel
5081     in a water body, facility, or water supply system; or
5082          (c) transport a conveyance or equipment that has been in an infested water within the
5083     previous 30 days without decontaminating the conveyance or equipment.
5084          (2) [A] Except as provided in Subsection (3), a person who violates Subsection (1):
5085          (a) is strictly liable;
5086          (b) is guilty of an infraction; and
5087          (c) shall reimburse the state for [all] the costs associated with detaining, quarantining,
5088     and decontaminating the conveyance or equipment.
5089          (3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class
5090     A misdemeanor.
5091          (4) A person may not proceed past or travel through an inspection station or
5092     administrative checkpoint, as described in Section [23-27-301] 23A-10-301, while transporting
5093     a conveyance during an inspection station's or administrative checkpoint's hours of operations
5094     without presenting the conveyance for inspection.
5095          (5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
5096          Section 197. Section 23A-10-202, which is renumbered from Section 23-27-202 is
5097     renumbered and amended to read:

5098          [23-27-202].      23A-10-202. Reporting of invasive species required.
5099          (1) A person who discovers a Dreissena mussel within this state or has reason to
5100     believe a Dreissena mussel may exist at a specific location shall immediately report the
5101     discovery to the division.
5102          (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
5103          Section 198. Section 23A-10-301, which is renumbered from Section 23-27-301 is
5104     renumbered and amended to read:
5105     
Part 3. Enforcement

5106          [23-27-301].      23A-10-301. Division's power to prevent invasive species
5107     infestation.
5108          To eradicate and prevent the infestation of a Dreissena mussel, the division may:
5109          (1) (a) establish inspection stations located at or along:
5110          (i) highways, as defined in Section 72-1-102;
5111          (ii) ports of entry, if the Department of Transportation authorizes the division to use the
5112     port of entry; and
5113          (iii) publicly accessible:
5114          (A) boat ramps; and
5115          (B) conveyance launch sites; and
5116          (b) temporarily stop, detain, and inspect a conveyance or equipment that:
5117          (i) the division reasonably believes is in violation of Section [23-27-201] 23A-10-201;
5118          (ii) the division reasonably believes is in violation of Section [23-27-306] 23A-10-305;
5119          (iii) is stopped at an inspection station; or
5120          (iv) is stopped at an administrative checkpoint;
5121          (2) conduct an administrative checkpoint in accordance with Section 77-23-104;
5122          (3) detain and quarantine a conveyance or equipment as provided in Section
5123     [23-27-302] 23A-10-302;
5124          (4) order a person to decontaminate a conveyance or equipment; and
5125          (5) inspect the following that may contain a Dreissena mussel:

5126          (a) a water body;
5127          (b) a facility; and
5128          (c) a water supply system.
5129          Section 199. Section 23A-10-302, which is renumbered from Section 23-27-302 is
5130     renumbered and amended to read:
5131          [23-27-302].      23A-10-302. Conveyance or equipment detainment or
5132     quarantine.
5133          (1) The division, a port-of-entry agent, or a peace officer may detain or quarantine a
5134     conveyance or equipment if:
5135          (a) the division, agent, or peace officer:
5136          (i) finds the conveyance or equipment contains a Dreissena mussel; or
5137          (ii) reasonably believes that the person transporting the conveyance or equipment is in
5138     violation of Section [23-27-201] 23A-10-201; or
5139          (b) the person transporting the conveyance or equipment refuses to submit to an
5140     inspection authorized by Section [23-27-301] 23A-10-301.
5141          (2) The detainment or quarantine authorized by Subsection (1) may continue for:
5142          (a) up to five days; or
5143          (b) the period of time necessary to:
5144          (i) decontaminate the conveyance or equipment; and
5145          (ii) ensure that a Dreissena mussel is not living on or in the conveyance or equipment.
5146          Section 200. Section 23A-10-303, which is renumbered from Section 23-27-303 is
5147     renumbered and amended to read:
5148          [23-27-303].      23A-10-303. Closing a water body, facility, or water supply
5149     system.
5150          (1) Except as provided by Subsection (6), if the division detects or suspects a Dreissena
5151     mussel is present in a water body, a facility, or a water supply system, the director or the
5152     director's designee may, with the concurrence of the executive director, order:
5153          (a) the water body, facility, or water supply system closed to a conveyance or

5154     equipment;
5155          (b) restricted access by a conveyance or equipment to a water body, facility, or water
5156     supply system; or
5157          (c) a conveyance or equipment that is removed from or introduced to the water body,
5158     facility, or water supply system to be inspected, quarantined, or decontaminated in a manner
5159     and for a duration necessary to detect and prevent the infestation of a Dreissena mussel.
5160          (2) If a closure authorized by Subsection (1) lasts longer than seven days, the division
5161     shall:
5162          (a) provide a written update to the operator of the water body, facility, or water supply
5163     system every 10 days on the division's effort to address the Dreissena infestation; and
5164          (b) post the update on the division's website.
5165          (3) (a) The [board] Wildlife Board shall develop procedures to ensure proper
5166     notification of a state, federal, or local agency that is affected by a Dreissena mussel
5167     infestation.
5168          (b) The notification shall include:
5169          (i) the reasons for the closure, quarantine, or restriction; and
5170          (ii) methods for providing updated information to the agency.
5171          (4) When deciding the scope, duration, level, and type of restriction or a quarantine or
5172     closure location, the director shall consult with the person with the jurisdiction, control, or
5173     management responsibility over the water body, facility, or water supply system to avoid or
5174     minimize disruption of economic and recreational activity.
5175          (5) (a) A person that operates a water supply system shall cooperate with the division
5176     to implement a measure to:
5177          (i) avoid infestation by a Dreissena mussel; and
5178          (ii) control or eradicate a Dreissena mussel infestation that may occur in a water supply
5179     system.
5180          (b) (i) If a Dreissena mussel is detected, the water supply system's operator, in
5181     cooperation with the division, shall prepare and implement a plan to control or eradicate a

5182     Dreissena mussel within the water supply system.
5183          (ii) A plan required by Subsection (5)(b)(i) shall include a:
5184          (A) method for determining the scope and extent of the infestation;
5185          (B) method to control or eradicate the Dreissena mussel;
5186          (C) method to decontaminate the water supply system containing the Dreissena mussel;
5187          (D) systematic monitoring program to determine a change in the infestation; and
5188          (E) requirement to update or revise the plan in conformity with a scientific advance in
5189     the method of controlling or eradicating a Dreissena mussel.
5190          (6) (a) The division may not close or quarantine a water supply system if the operator
5191     has prepared and implemented a plan to control or eradicate a Dreissena mussel in accordance
5192     with Subsection (5).
5193          (b) (i) The division may require the operator to update a plan.
5194          (ii) If the operator fails to update or revise a plan, the division may close or quarantine
5195     the water supply system in accordance with this section.
5196          Section 201. Section 23A-10-304, which is renumbered from Section 23-27-304 is
5197     renumbered and amended to read:
5198          [23-27-304].      23A-10-304. Aquatic invasive species fee.
5199          (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
5200     aquatic invasive species fee of $20 on [each vessel in order] a vessel to launch or operate a
5201     vessel in waters of this state if:
5202          (i) the vessel is owned by a nonresident; and
5203          (ii) the vessel would otherwise be subject to registration requirements under Section
5204     73-18-7 if the vessel were owned by a resident of this state.
5205          (b) [The provisions of] Subsection (1)(a) [do] does not apply if the vessel is owned and
5206     operated by a state or federal government agency and the vessel is used within the course and
5207     scope of the duties of the agency.
5208          (c) The division shall administer and collect the fee described in Subsection (1)(a), and
5209     the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in

5210     Section [23-27-305] 23A-3-211.
5211          (2) Before launching a vessel on the waters of this state, a nonresident shall pay the
5212     aquatic invasive species fee as described in Subsection (1), and the vessel owner shall
5213     successfully complete an aquatic invasive species education course offered by the division.
5214          (3) (a) The division shall study options and [feasability] feasibility of implementing an
5215     automated system capable of scanning, photographing, and providing real-time information
5216     regarding a conveyance's or equipment's last:
5217          (i) [last] entry into a body of water; and
5218          (ii) [last] decontamination.
5219          (b) The study described in Subsection (3)(a) shall evaluate the system's capability of:
5220          (i) operation with or without the use or supervision of personnel;
5221          (ii) operation 24 hours per day;
5222          (iii) capturing a state assigned number on a vessel or conveyance as described in
5223     Section 73-18-6;
5224          (iv) preserving photographic evidence of:
5225          (A) a conveyance's state assigned bow number;
5226          (B) a conveyance's or equipment's entry into a body of water, including the global
5227     positioning system location of where the conveyance is photographed; and
5228          (C) decontamination of the conveyance or equipment;
5229          (v) identifying a conveyance or equipment not owned by a resident that is entering a
5230     body of water in this state; and
5231          (vi) collecting the fee described in Subsection (1).
5232          [(c) The division shall present a report of the study and findings described in
5233     Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim
5234     Committee before November 30, 2020.]
5235          [(d)] (c) Based on the findings of the study described in this Subsection (3), the
5236     division shall implement a pilot program to provide the services described in this Subsection
5237     (3) on or before May 1, 2021.

5238          (4) The [board] Wildlife Board may increase fees assessed under Subsection (1), so
5239     long as:
5240          (a) the fee for nonresidents described in Subsection (1) is no less than the resident fee
5241     described in Section 73-18-26; and
5242          (b) the fee is confirmed in the legislative fee schedule.
5243          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5244     [board] Wildlife Board may make rules establishing procedures for:
5245          (a) proof of payment and other methods of verifying compliance with this section;
5246          (b) special requirements applicable on interstate water bodies in this state; and
5247          (c) other provisions necessary for the administration of the program.
5248          Section 202. Section 23A-10-305, which is renumbered from Section 23-27-306 is
5249     renumbered and amended to read:
5250          [23-27-306].      23A-10-305. Removal of drain plug or similar device during
5251     transport.
5252          (1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in
5253     the state, a person shall:
5254          (a) remove the plugs and similar devices that prevent drainage of raw water systems on
5255     the conveyance; and
5256          (b) to the extent feasible, drain [all] the water from live wells, bilges, ballast tanks, or
5257     similar compartments on the conveyance.
5258          (2) A person who fails to comply with Subsection (1) is guilty of a class C
5259     misdemeanor.
5260          Section 203. Section 23A-10-401, which is renumbered from Section 23-27-401 is
5261     renumbered and amended to read:
5262     
Part 4. Administration

5263          [23-27-401].      23A-10-401. Rulemaking authority.
5264          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5265     [board] Wildlife Board may make rules that:

5266          (1) establish the procedures and requirements for decontaminating a conveyance or
5267     equipment to prevent the introduction and infestation of a Dreissena mussel;
5268          (2) establish the requirements necessary to provide proof that a conveyance or
5269     equipment is decontaminated;
5270          (3) establish the notification procedures required in Section [23-27-303] 23A-10-303;
5271          (4) identify the geographic area, water body, facility, or water supply system that is
5272     infested by Dreissena mussels;
5273          (5) establish a procedure and protocol in cooperation with the Department of
5274     Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or
5275     equipment at a port-of-entry in accordance with Section [23-27-301] 23A-10-301; and
5276          (6) are necessary to administer and enforce [the provisions of] this chapter.
5277          Section 204. Section 23A-10-501, which is renumbered from Section 23-27-501 is
5278     renumbered and amended to read:
5279     
Part 5. Statewide Aquatic Invasive Species Emergency Response Plan

5280          [23-27-501].      23A-10-501. Aquatic invasive species emergency response
5281     plan.
5282          (1) As used in this section:
5283          (a) "Committee" means the Natural Resources, Agriculture, and Environment Interim
5284     Committee.
5285          (b) "Emergency response plan" means the statewide aquatic invasive species
5286     emergency response plan developed by the division in accordance with this part.
5287          (2) The division shall develop a statewide aquatic invasive species emergency response
5288     plan to address the potential spread of aquatic invasive species throughout the state.
5289          (3) In developing the emergency response plan, the division shall coordinate with
5290     public and private entities that may be necessary or helpful to remediating the potential spread
5291     of aquatic invasive species throughout the state.
5292          (4) The emergency response plan shall:
5293          (a) designate the division as the entity that [will coordinate] coordinates the

5294     implementation of the emergency response plan;
5295          (b) provide for annual review of the emergency response plan by the division;
5296          (c) provide that the emergency response plan may only be implemented if the division
5297     detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water
5298     supply system within the state; and
5299          (d) define what constitutes a detection of aquatic invasive species at a water body,
5300     facility, or water supply system.
5301          [(5) On or before August 1, 2021, the division shall submit to the committee the
5302     following:]
5303          [(a) the emergency response plan;]
5304          [(b) proposed legislation that may be necessary to effectuate the emergency response
5305     plan or to increase the effectiveness of the emergency response plan; and]
5306          [(c) an analysis and estimate of the cost to implement the emergency response plan.]
5307          [(6) After receiving the items described in Subsection (5), the committee may:]
5308          [(a) recommend to the Legislature that the plan be implemented;]
5309          [(b) return the plan to the division for further study and evaluation;]
5310          [(c) draft legislation proposed or requested by the division; or]
5311          [(d) take action to further the funding of the emergency response plan.]
5312          [(7)] (5) If an event requires the implementation of the emergency response plan, the
5313     division shall report on that event and the implementation of the emergency response plan to
5314     the committee.
5315          Section 205. Section 23A-11-101, which is renumbered from Section 23-16-1.1 is
5316     renumbered and amended to read:
5317     
CHAPTER 11. BIG GAME

5318     
Part 1. General Provisions

5319          [23-16-1.1].      23A-11-101. Definitions.
5320          As used in this chapter:
5321          [(1) "72 hours" means a time period that begins with the hour a request for action is

5322     made pursuant to Section 23-16-3 and ends 72 hours later with the exclusion of any hour that
5323     occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
5324     63G-1-301.]
5325          (1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5326     and bison.
5327          (2) "Cultivated crops" means:
5328          (a) annual or perennial crops harvested from or on cleared and planted land;
5329          (b) perennial orchard trees on cleared and planted land;
5330          (c) crop residues that have forage value for livestock; and
5331          (d) pastures.
5332          [(3) "Depredation mitigation plan" means the plan described in Subsection 23-16-3(2).]
5333          [(4) "Growing season" means the portion of a year in which local conditions permit
5334     normal plant growth.]
5335          [(5)] (3) "Management unit" means a prescribed area of contiguous land designated by
5336     the division for the purpose of managing a species of big game animal.
5337          (4) "Predator" means a cougar, bear, or coyote.
5338          [(6) "Mitigation review panel" means the panel created under Section 23-16-3.2.]
5339          Section 206. Section 23A-11-201, which is renumbered from Section 23-16-5 is
5340     renumbered and amended to read:
5341     
Part 2. Limits on Hunting

5342          [23-16-5].      23A-11-201. Limit of one of species of big game during license year
5343     -- Invalid and forfeited permit or tag.
5344          (1) A person may take only one of [any] a species of big game during a license year,
5345     regardless of how many licenses or permits the person obtains, except as otherwise provided by
5346     this title or [proclamations] a proclamation of the Wildlife Board.
5347          (2) (a) If a person kills a big game animal in violation of this title, while attempting to
5348     exercise the benefits of a big game permit or big game tag, the big game permit or big game tag
5349     is invalid and the person shall forfeit the big game permit or big game tag to the division.

5350          (b) This Subsection (2) does not apply if:
5351          (i) a citation is issued for a rule violation described in Subsection (2)(a); or
5352          (ii) a warning citation for a violation described in Subsection (2)(a) is issued.
5353          (3) The division may grant a season extension to a valid, unfilled big game permit
5354     opportunity that was invalidated and forfeited under Subsection (2) if:
5355          (a) the criminal charges associated with the big game permit forfeiture are dismissed,
5356     with prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
5357          (b) the person issued the big game permit that is forfeited requests the division in
5358     writing within 60 days of a final action dismissing or acquitting that person of the criminal
5359     charges that led to the big game permit forfeiture;
5360          (c) the season extension is granted for the same species and sex, hunt unit, and season
5361     dates associated with the forfeited big game permit, as established by the Wildlife Board in the
5362     hunt year of the extension; and
5363          (d) the extension occurs in the first season immediately following dismissal of or
5364     acquittal on the criminal charges described in Subsection (3)(a).
5365          Section 207. Section 23A-11-202, which is renumbered from Section 23-16-6 is
5366     renumbered and amended to read:
5367          [23-16-6].      23A-11-202. Commencement date of general rifle deer season.
5368          The general rifle deer season may not commence each year before October 1.
5369          Section 208. Section 23A-11-203, which is renumbered from Section 23-16-11 is
5370     renumbered and amended to read:
5371          [23-16-11].      23A-11-203. Big game baiting prohibited.
5372          (1) As used in this section:
5373          (a) (i) "Bait" means intentionally placing food or nutrient substances to manipulate the
5374     behavior of wildlife for the purpose of taking or attempting to take big game.
5375          (ii) "Bait" does not include:
5376          (A) the use of salt, mineral blocks, or other commonly used types of livestock
5377     supplements placed in the field by agricultural producers for normal agricultural purposes; or

5378          (B) standing crops, natural vegetation, harvested croplands, or lands or areas where
5379     seeds or grains have been scattered solely as the result of a normal agricultural planting,
5380     harvesting, post-harvest manipulation, or normal soil stabilization practice.
5381          (b) "Baited area" means [all] land within a 50-yard radius of the site where bait is
5382     placed, including the site where bait is placed.
5383          (2) Unless authorized by a certificate of registration, [it is unlawful to] a person may
5384     not:
5385          (a) bait big game;
5386          (b) take big game in a baited area; or
5387          (c) take big game that has been lured to or is traveling from a baited area.
5388          (3) The division may only issue a certificate of registration to allow for the baiting of
5389     big game if the division determines that baiting is necessary to:
5390          (a) alleviate substantial big game depredation on cultivated crops [or to]; or
5391          (b) facilitate the removal of deer causing property damage within cities or towns.
5392          Section 209. Section 23A-11-204, which is renumbered from Section 23-20-33 is
5393     renumbered and amended to read:
5394          [23-20-33].      23A-11-204. Limitation on compensating people to locate big game
5395     animals.
5396          (1) As used in this section:
5397          (a) "Compensate" or "compensated" means anything of value in excess of $25 that is
5398     paid, loaned, given, granted, donated, or transferred to a person for or in consideration of
5399     locating or monitoring the location of big game animals.
5400          (b) "Retain" or "retained" means a written or oral agreement for the delivery of
5401     outfitting services or hunting guide services between an outfitter or hunting guide and the
5402     recipient of those services.
5403          (2) Except as provided in Subsections (3) and (4), a person may not compensate
5404     another person to locate or monitor the location of big game animals on public land in
5405     connection with or furtherance of taking a big game animal under this title.

5406          (3) A person may compensate a registered outfitter or hunting guide[, as defined in
5407     Section 58-79-102,] to help the person locate and take a big game animal on public land if:
5408          (a) the outfitter or hunting guide is registered and in good standing under Title 58,
5409     Chapter 79, Hunting Guides and Outfitters Registration Act;
5410          (b) the person has retained the outfitter or hunting guide and is the recipient of the
5411     outfitting services and hunting guide services, as defined in Section 58-79-102;
5412          (c) the person possesses the licenses and permits required to take a big game animal;
5413          (d) the person retains and uses not more than one outfitter or hunting guide in
5414     connection with taking a big game animal; and
5415          (e) the retained outfitter or hunting guide uses no more than one compensated
5416     individual in locating or monitoring the location of big game animals on public land.
5417          (4) A registered outfitter or registered hunting guide in good standing may compensate
5418     another person to locate or monitor the location of big game animals on public land if:
5419          (a) the outfitter or hunting guide has been retained by the recipient of the outfitting
5420     services or hunting guide services to assist the recipient take a big game animal on public land;
5421          (b) the recipient possesses the licenses and permits required to take a big game animal;
5422          (c) the recipient is not simultaneously using another outfitter or hunting guide to assist
5423     in taking the same species and sex of big game animal; and
5424          (d) the outfitter or hunting guide compensates not more than one other individual to
5425     locate or monitor the location of big game animals in connection with assisting the recipient
5426     take a big game animal on public land.
5427          (5) A violation of:
5428          (a) this section constitutes an unlawful take under Section [23-20-3] 23A-5-309; and
5429          (b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502,
5430     and 58-79-501.
5431          Section 210. Section 23A-11-205, which is renumbered from Section 23-20-31 is
5432     renumbered and amended to read:
5433          [23-20-31].      23A-11-205. Requirement to wear hunter orange -- Exceptions.

5434          (1) As used in this section:
5435          (a) (i) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire rifle,
5436     except as provided in Subsection (1)(a)(ii).
5437          (ii) "Centerfire rifle hunt" does not include:
5438          (A) a bighorn sheep hunt;
5439          (B) a mountain goat hunt;
5440          (C) a bison hunt;
5441          (D) a moose hunt;
5442          (E) a hunt requiring the hunter to possess a statewide conservation permit; or
5443          (F) a hunt requiring the hunter to possess a statewide sportsman permit.
5444          (b) "Statewide conservation permit" means a permit:
5445          (i) issued by the division;
5446          (ii) distributed through a nonprofit organization founded for the purpose of promoting
5447     wildlife conservation; and
5448          (iii) valid:
5449          (A) on open hunting units statewide; and
5450          (B) for the species of big game and time period designated by the Wildlife Board.
5451          (c) "Statewide sportsman permit" means a permit:
5452          (i) issued by the division through a public draw; and
5453          (ii) valid:
5454          (A) on open hunting units statewide; and
5455          (B) for the species of big game and time period designated by the Wildlife Board.
5456          (2) (a) A person shall wear a minimum of 400 square inches of hunter orange material
5457     while hunting [any] a species of big game, except as provided in Subsection (3).
5458          (b) [Hunter] A person shall wear hunter orange material [shall be worn] on the head,
5459     chest, and back.
5460          (3) A person is not required to wear the hunter orange material described in Subsection
5461     (2):

5462          (a) during the following types of hunts, unless a centerfire rifle hunt is in progress in
5463     the same area:
5464          (i) archery;
5465          (ii) muzzle-loader;
5466          (iii) mountain goat;
5467          (iv) bighorn sheep;
5468          (v) bison; or
5469          (vi) moose; or
5470          (b) as provided by a rule of the Wildlife Board made in accordance with Title 63G,
5471     Chapter 3, Utah Administrative Rulemaking Act.
5472          Section 211. Section 23A-11-301, which is renumbered from Section 23-16-7 is
5473     renumbered and amended to read:
5474     
Part 3. Management

5475          [23-16-7].      23A-11-301. Deer and elk management plans -- Division to confer
5476     with others -- Target herd size objectives -- Reports.
5477          (1) The [Division of Wildlife Resources] division shall:
5478          (a) prepare a management plan for each deer and elk herd unit in the state; and
5479          (b) submit the plans to the Wildlife Board for [their] the Wildlife Board's approval.
5480          (2) Upon approval of a plan by the Wildlife Board, the division shall manage the herd
5481     unit [shall be managed] in accordance with the management plan.
5482          (3) In preparing [the plans] a management plan, the division shall confer with federal
5483     and state land managers, private landowners, sportsmen, and ranchers.
5484          (4) (a) [Each] A management plan shall establish target herd size objectives.
5485          (b) In establishing target herd size objectives, the division and [board] Wildlife Board
5486     shall among other factors:
5487          (i) consider available information on each unit's range carrying capacity and
5488     ownership; and
5489          (ii) seek to balance relevant multiple uses for the range.

5490          (5) Until a management plan for a herd unit is prepared in accordance with this section
5491     and approved by the [board] Wildlife Board, the division shall manage the herd unit [shall be
5492     managed] to maintain the herd size as range conditions and available data dictate.
5493          [(6) (a) Management plans shall be prepared by the division and approved by the board
5494     by the following dates:]
5495          [(i) May 1, 1994 for elk; and]
5496          [(ii) May 1, 1996 for deer.]
5497          [(b) The division shall make:]
5498          [(i) an annual progress report on the management plans to the Energy, Natural
5499     Resources and Agriculture Interim Committee until the plans are completed; and]
5500          [(ii) a final report to the committee:]
5501          [(A) at the committee's May 1994 meeting for elk; and]
5502          [(B) at the committee's May 1996 meeting for deer.]
5503          [(7) The management plans may be revised as the division or board determines
5504     necessary. Any]
5505          (6) The division or Wildlife Board may revise a management plan as the division or
5506     Wildlife Board determines necessary. A revised plan shall be prepared in accordance with
5507     Subsections (3) and (4).
5508          Section 212. Section 23A-11-302, which is renumbered from Section 23-16-10 is
5509     renumbered and amended to read:
5510          [23-16-10].      23A-11-302. Big game protection -- Director authority.
5511          (1) It is the policy of the state that big game animals are of great importance to the
5512     citizens of the state, the citizen's quality of life, and the long term sustainability of the herds for
5513     future generations.
5514          [(2) As used in this section:]
5515          [(a) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5516     and bison.]
5517          [(b) "Director" means the director of the Division of Wildlife Resources.]

5518          [(c) "Management unit" means a prescribed area of contiguous land designated by the
5519     Division of Wildlife Resources for the purpose of managing a species of big game animal.]
5520          [(d) "Predator" means a cougar, bear, and coyote.]
5521          [(3)] (2) (a) Unless the condition described in Subsection [(3)] (2)(b) is determined, the
5522     director shall take immediate action to reduce the number of predators within a management
5523     unit when the big game population is under the established herd size objective for that
5524     management unit.
5525          (b) Subsection [(3)] (2)(a) does not apply if the [Division of Wildlife Resources]
5526     division determines that predators are not significantly contributing to the big game population
5527     being under the herd size objective for the management unit.
5528          [(4)] (3) Immediate action under Subsection [(3)] (2) includes any of the following
5529     management tools:
5530          (a) increasing take permits or tags for cougar and bear until the herd size objective is
5531     met;
5532          (b) allowing big game hunters to harvest predators with the appropriate permit during a
5533     big game hunting season, including issuing over-the-counter predator permits;
5534          (c) professional trapping and predator control by the United States Department of
5535     Agriculture Wildlife Services, private contracts, and the general public, including aerial control
5536     measures; and
5537          (d) other management tools as determined by the director.
5538          [(5)] (4) The director shall annually give a status report on predator control measures
5539     implemented pursuant to this chapter and Chapter 8, Part 4, Damage by Big Game, to the
5540     Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee and
5541     Natural Resources, Agriculture, and Environment Interim Committee.
5542          Section 213. Section 23A-11-401, which is renumbered from Section 23-30-102 is
5543     renumbered and amended to read:
5544     
Part 4. Mule Deer Protection

5545          [23-30-102].      23A-11-401. Definitions.

5546          As used in this [chapter] part:
5547          (1) "General predator control" means a predatory animal removal effort by the division
5548     to reduce predatory animal numbers for the benefit of mule deer.
5549          (2) ["Predatory] Notwithstanding Section 23A-8-101, "predatory animal" means a
5550     coyote.
5551          (3) "Targeted predator control" means a predatory animal removal effort by the
5552     division:
5553          (a) to reduce predatory animal numbers in an area where mule deer predation occurs;
5554     and
5555          (b) that focuses on specific locations and certain times.
5556          Section 214. Section 23A-11-402, which is renumbered from Section 23-30-104 is
5557     renumbered and amended to read:
5558          [23-30-104].      23A-11-402. Rulemaking authority, coordination, and
5559     administration for predator control.
5560          (1) The [division] Wildlife Board may make rules, in accordance with Title 63G,
5561     Chapter 3, Utah Administrative Rulemaking Act, to establish programs to accomplish targeted
5562     predator control or general predator control, including programs that offer incentives or
5563     compensation to participants who remove a predatory animal that is detrimental to mule deer
5564     production.
5565          (2) The division shall:
5566          (a) administer a program established under Subsection (1);
5567          (b) coordinate with federal, state, and local governments, and private persons to
5568     accomplish the purposes of this [chapter] part; and
5569          (c) coordinate with the Department of Agriculture and Food and the Agriculture and
5570     Wildlife Damage Prevention Board created in Section 4-23-104 to:
5571          (i) minimize unnecessary duplication of predator control efforts; and
5572          (ii) prevent interference between predator control programs administered under Title 4,
5573     Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this [chapter] part.

5574          (3) The division may:
5575          (a) contract with a vendor that offers targeted predator control services; and
5576          (b) prepare and distribute educational and training materials related to mule deer
5577     protection.
5578          Section 215. Section 23A-12-101 is enacted to read:
5579     
CHAPTER 12. BIRDS IN GENERAL

5580     
Part 1. General Provisions

5581          23A-12-101. Definitions.
5582          Reserved.
5583          Section 216. Section 23A-12-201, which is renumbered from Section 23-17-5.2 is
5584     renumbered and amended to read:
5585     
Part 2. Hunting of Birds

5586          [23-17-5.2].      23A-12-201. General season turkey hunts.
5587          The Wildlife Board may establish two general season turkey hunts per year.
5588          Section 217. Section 23A-12-202, which is renumbered from Section 23-17-6 is
5589     renumbered and amended to read:
5590          [23-17-6].      23A-12-202. Commercial hunting area -- Registration --
5591     Requirements for hunters.
5592          (1) (a) A person desiring to operate a commercial hunting area within the state to
5593     permit the releasing and shooting of pen-raised birds may apply to the Wildlife Board for
5594     authorization to do so.
5595          (b) The Wildlife Board may issue the applicant a certificate of registration to operate a
5596     commercial hunting area in accordance with rules prescribed by the [board] Wildlife Board in
5597     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5598          (c) The Wildlife Board may determine the number of commercial hunting areas that
5599     may be established in each county of the state.
5600          (2) (a) A certificate of registration issued under Subsection (1) shall specify the species
5601     of birds that the applicant may propagate, keep, and release for shooting on the area covered by

5602     the certificate of registration.
5603          (b) The applicant may charge a fee for harvesting the birds specified under Subsection
5604     (2)(a).
5605          (3) (a) A person hunting within the state on a commercial hunting area shall:
5606          (i) (A) possess proof of passing a division-approved hunter education course, if the
5607     person was born after December 31, 1965; or
5608          (B) possess a trial hunting authorization issued under Section [23-19-14.6] 23A-4-701;
5609          (ii) comply with the accompaniment requirements of Sections [23-19-14.6 and
5610     23-20-20 ] 23A-4-701 and 23A-4-708, if applicable; and
5611          (iii) have the permission of the owner or operator of the commercial hunting area.
5612          (b) The operator of a commercial hunting area shall verify that each hunter on the
5613     commercial hunting area meets the requirements of Subsection (3)(a)(i).
5614          (4) Hunting on commercial hunting areas is permitted only during the commercial
5615     hunting area season prescribed by the Wildlife Board.
5616          Section 218. Section 23A-12-203, which is renumbered from Section 23-17-7 is
5617     renumbered and amended to read:
5618          [23-17-7].      23A-12-203. Falconry authorized.
5619          The Wildlife Board may authorize the practice of falconry within the state [of Utah] and
5620     the capturing and keeping in possession of birds to be used in the practice of falconry under
5621     rules [and regulations specified by it] made by the Wildlife Board in accordance with Title
5622     63G, Chapter 3, Utah Administrative Rulemaking Act.
5623          Section 219. Section 23A-12-204, which is renumbered from Section 23-17-8 is
5624     renumbered and amended to read:
5625          [23-17-8].      23A-12-204. Dog field meets.
5626          (1) [It is lawful within the state to hold dog field meets or trials] Subject to Subsection
5627     (2), a person may hold within the state a dog field meet or trial where dogs are permitted to
5628     work in exhibition or contest where the skill of dogs is demonstrated by locating or retrieving
5629     birds [which] that have been obtained from a legal source.

5630          (2) Before [any] a meet or trial is held, [application shall be made] a person shall apply
5631     in writing to the [Division of Wildlife Resources] division, which may authorize the meet or
5632     trial under rules [and regulations promulgated] made by the Wildlife Board in accordance with
5633     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5634          Section 220. Section 23A-12-205, which is renumbered from Section 23-17-9 is
5635     renumbered and amended to read:
5636          [23-17-9].      23A-12-205. Training of dogs -- Use of protected or privately owned
5637     wildlife.
5638          The Wildlife Board may authorize the use of protected wildlife or privately owned
5639     wildlife for the training of dogs within the state [of Utah] under rules [and regulations it may
5640     promulgate] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
5641     Administrative Rulemaking Act.
5642          Section 221. Section 23A-12-301, which is renumbered from Section 23-32-102 is
5643     renumbered and amended to read:
5644     
Part 3. Waterfowl Management Areas Act

5645          [23-32-102].      23A-12-301. Definitions.
5646          (1) The definitions in Section 58-79-102 apply to this [chapter] part.
5647          (2) (a) As used in this [chapter] part, "waterfowl management area" means real
5648     property owned or managed by the [Division of Wildlife Resources] division that is:
5649          (i) primarily used for the conservation, production, or recreational harvest of ducks,
5650     mergansers, geese, brant, swans, and other waterfowl; and
5651          (ii) designated as a waterfowl management area by the Wildlife Board in accordance
5652     with Section [23-32-104] 23A-12-303.
5653          (b) "Waterfowl management area" includes the Willard Spur Waterfowl Management
5654     Area and the Harold Crane Waterfowl Management Area described in Section [23-21-5]
5655     23A-6-403.
5656          Section 222. Section 23A-12-302, which is renumbered from Section 23-32-103 is
5657     renumbered and amended to read:

5658          [23-32-103].      23A-12-302. Prohibited activities.
5659          (1) A commercial hunting guide or outfitter may not use a waterfowl management area
5660     for any of the following, unless the commercial hunting guide or outfitter has an annual permit,
5661     issued by the Wildlife Board pursuant to this [chapter] part, for the use:
5662          (a) hunting guide services or outfitter services; or
5663          (b) transportation of an individual to another area for the purpose of providing hunting
5664     guide services or outfitter services.
5665          (2) An individual may not construct a permanent blind or other permanent structure
5666     that is used for hunting within the boundaries of a waterfowl management area.
5667          Section 223. Section 23A-12-303, which is renumbered from Section 23-32-104 is
5668     renumbered and amended to read:
5669          [23-32-104].      23A-12-303. Rulemaking -- Notice.
5670          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5671     Wildlife Board shall make rules:
5672          (a) designating and establishing the boundaries of a waterfowl management area;
5673          (b) governing the management and use of a waterfowl management area in accordance
5674     with [the provisions of this chapter] this part; and
5675          (c) to create an annual permit process by which commercial hunting guides and
5676     outfitters may use waterfowl management areas in accordance with [the provisions of this
5677     chapter] this part.
5678          (2) The annual permit process described in Subsection (1)(c) shall:
5679          (a) preserve the opportunity for non-guided hunters to use waterfowl management
5680     areas; and
5681          (b) require a permit holder to comply with safety standards established by the Wildlife
5682     Board.
5683          (3) The division shall provide an annual report to the Natural Resources, Agriculture,
5684     and Environment Interim Committee regarding any rules made or changed in accordance with
5685     this [chapter] part.

5686          (4) The Wildlife Board shall publish a map of the boundaries of each waterfowl
5687     management area.
5688          (5) Nothing in this [chapter] part modifies or limits:
5689          (a) [the provisions of Section 23-21-5] Section 23A-6-403, or the discretion of the
5690     division to manage waterfowl management areas for other beneficial purposes, including for
5691     the benefit of the public, shorebirds, waterfowl, and other protected wildlife; or
5692          (b) the authority of the division, the director [of the division], or the Wildlife Board
5693     under [Title 23, Chapter 21] Chapter 6, Lands and Waters for Wildlife Purposes.
5694          Section 224. Section 23A-13-101, which is renumbered from Section 23-28-102 is
5695     renumbered and amended to read:
5696     
CHAPTER 13. MIGRATORY BIRD PRODUCTION AREA

5697     
Part 1. General Provisions

5698          [23-28-102].      23A-13-101. Definitions.
5699          As used in this chapter:
5700          (1) "Migratory bird" [is as] means the same as that term is defined in 16 U.S.C. Sec.
5701     715j.
5702          (2) "Migratory bird production area" means an area of land that is:
5703          (a) created under this chapter; and
5704          (b) used according to the description in Subsections [23-28-201]
5705     23A-13-201(1)(b)(iii)(A) [through] and (B).
5706          Section 225. Section 23A-13-201, which is renumbered from Section 23-28-201 is
5707     renumbered and amended to read:
5708     
Part 2. Migratory Bird Production Area

5709          [23-28-201].      23A-13-201. Creation of a migratory bird production area.
5710          (1) (a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres
5711     of land in an unincorporated area may dedicate the land as a migratory bird production area by
5712     filing a notice of dedication with the county recorder of the county in which the land is located.
5713          (b) The notice of dedication shall contain:

5714          (i) the legal description of the land included within the migratory bird production area;
5715          (ii) the name of the owner or owners of the land included within the migratory bird
5716     production area; and
5717          (iii) an affidavit signed by each landowner that all of the land, except as provided by
5718     Subsection (2), within the migratory bird production area is:
5719          (A) actively managed for migratory bird:
5720          (I) production;
5721          (II) habitat; or
5722          (III) hunting; and
5723          (B) used for a purpose compatible with the purposes described in Subsection
5724     (1)(b)(iii)(A).
5725          (c) A person who files a notice of dedication under this section shall give a copy of the
5726     notice of dedication within 10 days of its filing to the legislative body of the county in which
5727     the migratory bird production area is located.
5728          (2) (a) The notice of dedication may designate land, the amount of which is less than
5729     1% of the total acreage within a migratory bird production area, upon which the landowner
5730     may build a structure described in Subsection [23-28-302] 23A-13-302(1)(c).
5731          (b) (i) An owner may build or maintain a road, dike, or water control structure within
5732     the migratory bird production area.
5733          (ii) A road, dike, or water control structure is not considered a structure for purposes of
5734     Subsection (2)(a).
5735          (3) (a) Within 30 days of the day on which the county legislative body receives a copy
5736     of the notice of dedication under Subsection (1)(c), the county legislative body may bring an
5737     action in district court to cancel or revise a migratory bird production area on the basis that an
5738     affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
5739          (b) In bringing the action, the county legislative body shall specify the portion of the
5740     migratory bird production area and the affidavit subject to the action.
5741          (c) In an action brought under this Subsection (3), the person who files an affidavit

5742     described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that
5743     the affidavit is accurate.
5744          (d) If the court cancels or revises a migratory bird production area, the person who filed
5745     the original notice of dedication shall file a revision notice with the county recorder reflecting
5746     the court's order.
5747          (4) In accordance with Section [23-28-202] 23A-13-202, a person may at any time add
5748     land to a migratory bird production area created under this section.
5749          Section 226. Section 23A-13-202, which is renumbered from Section 23-28-202 is
5750     renumbered and amended to read:
5751          [23-28-202].      23A-13-202. Adding to or removing land from a migratory
5752     bird production area.
5753          (1) Subject to the other provisions of this section, a landowner may file a revision
5754     notice with the county recorder of the county in which the migratory bird production area is
5755     located to add land to or remove land from a migratory bird production area.
5756          (2) The revision notice shall contain:
5757          (a) a legal description of the land added to or removed from the migratory bird
5758     production area; and
5759          (b) the name of the owner or owners of the land added to or removed from the
5760     migratory bird production area.
5761          (3) A person who files a revision notice under this section shall give a copy of the
5762     revision notice within 10 days of its filing to the legislative body of the county in which the
5763     migratory bird production area is located.
5764          (4) If removing land from a migratory bird production area results in a migratory bird
5765     production area of less than 300 contiguous acres:
5766          (a) the migratory bird production area ceases to exist; and
5767          (b) the landowner shall:
5768          (i) notify each landowner within the former migratory bird production area; and
5769          (ii) file the revision notice required by this section for the entire migratory bird

5770     production area.
5771          (5) A landowner may add land to a migratory bird production area only if:
5772          (a) the land to be added is contiguous to the migratory bird production area; and
5773          (b) all the landowners of the contiguous land to be added to the migratory bird
5774     production area consent to the contiguous land being added to the migratory bird production
5775     area.
5776          (6) A landowner of a migratory bird production area may include an easement in the
5777     migratory bird production area if:
5778          (a) the landowner owns the easement;
5779          (b) the easement is on land that is contiguous to the migratory bird production area;
5780     and
5781          (c) the owner of the land where the easement is located consents to the easement being
5782     included in the migratory bird production area.
5783          Section 227. Section 23A-13-301, which is renumbered from Section 23-28-301 is
5784     renumbered and amended to read:
5785     
Part 3. Protections

5786          [23-28-301].      23A-13-301. Farmland Assessment Act.
5787          (1) Creation of a migratory bird production area does not impair the ability of land
5788     within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part
5789     5, Farmland Assessment Act.
5790          (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland
5791     Assessment Act, is determined exclusively by [the provisions of] that act, notwithstanding the
5792     land's location within a migratory bird production area.
5793          Section 228. Section 23A-13-302, which is renumbered from Section 23-28-302 is
5794     renumbered and amended to read:
5795          [23-28-302].      23A-13-302. Limitations on local regulations.
5796          (1) (a) A county within which a migratory bird production area is located shall
5797     encourage the continuity, development, and viability of the migratory bird production area.

5798          (b) Except as otherwise specifically provided in this chapter, the purposes, uses, and
5799     activities of a migratory bird production area described in this chapter are afforded the highest
5800     priority of use status.
5801          (c) A structure, improvement, or activity historically or customarily used in
5802     conjunction with a migratory bird production area is considered a permitted use under the
5803     county's zoning law, ordinance, or regulation.
5804          (2) A county within which a migratory bird production area is located may not:
5805          (a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally
5806     associated with the migratory bird production area;
5807          (b) change the zoning designation of, or a zoning regulation applying to land within a
5808     migratory bird production area unless the county receives written approval for the change from
5809     all the landowners within the migratory bird production area; or
5810          (c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of
5811     a firearm on a migratory bird production area.
5812          (3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if
5813     it restricts or impairs the purposes, uses, and activities historically or customarily associated
5814     with a migratory bird production area.
5815          Section 229. Section 23A-13-303, which is renumbered from Section 23-28-303 is
5816     renumbered and amended to read:
5817          [23-28-303].      23A-13-303. Nuisances.
5818          (1) (a) A county shall exclude the activities described in Subsection (1)(b) from the
5819     definition of public nuisance in a county law or ordinance regulating a public nuisance.
5820          (b) An activity or occurrence normally associated with a migratory bird production area
5821     is not a nuisance, including:
5822          (i) hunting;
5823          (ii) discharging a firearm;
5824          (iii) improving habitat;
5825          (iv) trapping;

5826          (v) eradicating weeds;
5827          (vi) discing;
5828          (vii) planting;
5829          (viii) impounding water;
5830          (ix) raising a bird or other domestic animal;
5831          (x) grazing;
5832          (xi) an activity conducted in the normal course of an agricultural operation as defined
5833     in Section 4-44-102; and
5834          (xii) an odor.
5835          (2) In a civil action for nuisance or a criminal action for public nuisance under Section
5836     76-10-803, it is a complete defense if the action is:
5837          (a) normally associated with a migratory bird production area;
5838          (b) conducted within a migratory bird production area; and
5839          (c) not in violation of [any] federal or state law.
5840          (3) An owner of a new development located in whole or in part within 1,000 feet of a
5841     migratory bird production area shall provide the following notice on [any] a plat filed with the
5842     county recorder:
5843     
"Migratory Bird Production Area

5844          This property is located in the vicinity of an established migratory bird production area
5845     in which hunting and activities related to the management and operation of land for the benefit
5846     of migratory birds have been afforded the highest priority use status. It can be anticipated that
5847     these uses and activities may now or in the future be conducted on land within the migratory
5848     bird production area. The use and enjoyment of this property is expressly conditioned on
5849     acceptance of any annoyance or inconvenience that may result from activities normally
5850     associated with a migratory bird production area."
5851          Section 230. Section 23A-13-304, which is renumbered from Section 23-28-304 is
5852     renumbered and amended to read:
5853          [23-28-304].      23A-13-304. Annexation restrictions.

5854          A municipality may annex real property within a migratory bird production area as
5855     provided by Title 10, Chapter 2, Part 4, Annexation.
5856          Section 231. Section 23A-13-305, which is renumbered from Section 23-28-305 is
5857     renumbered and amended to read:
5858          [23-28-305].      23A-13-305. Application of Water Quality Act.
5859          A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act.
5860          Section 232. Section 23A-14-101 is enacted to read:
5861     
CHAPTER 14. FURBEARERS

5862     
Part 1. General Provisions

5863          23A-14-101. Definitions.
5864          Reserved.
5865          Section 233. Section 23A-14-201, which is renumbered from Section 23-18-2 is
5866     renumbered and amended to read:
5867     
Part 2. Taking of Furbearers

5868          [23-18-2].      23A-14-201. Taking of furbearers.
5869          [Any] A person holding a furbearer license may take [furbearers] a furbearer in
5870     accordance with the rules [promulgated] made by the Wildlife Board in accordance with Title
5871     63G, Chapter 3, Utah Administrative Rulemaking Act.
5872          Section 234. Section 23A-14-202, which is renumbered from Section 23-18-3 is
5873     renumbered and amended to read:
5874          [23-18-3].      23A-14-202. Trapping on lands controlled by division governed by
5875     Wildlife Board.
5876          [All trapping] The Wildlife Board shall govern trapping on lands controlled by the
5877     [Division of Wildlife Resources shall be governed by the Wildlife Board] division.
5878          Section 235. Section 23A-14-203, which is renumbered from Section 23-18-6 is
5879     renumbered and amended to read:
5880          [23-18-6].      23A-14-203. Taking red fox or striped skunk.
5881          Red fox or striped skunk may be taken anytime without a license as provided by this

5882     title [or rules], a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
5883     Rulemaking Act, or a proclamation of the Wildlife Board.
5884          Section 236. Section 23A-15-101, which is renumbered from Section 23-29-102 is
5885     renumbered and amended to read:
5886     
CHAPTER 15. WOLF MANAGEMENT ACT

5887          [23-29-102].      23A-15-101. Definitions.
5888          As used in this chapter:
5889          (1) "Endangered Species Act" means the Endangered Species Act of 1973, 16 U.S.C.
5890     Sec. 1531 et seq.
5891          [(1)] (2) "Service" means the United States Fish and Wildlife Service.
5892          [(2)] (3) "Wolf" means the species Canis lupus.
5893          Section 237. Section 23A-15-102, which is renumbered from Section 23-29-103 is
5894     renumbered and amended to read:
5895          [23-29-103].      23A-15-102. Legislative findings and declarations.
5896          (1) Section [23-14-1] 23A-2-201 appoints the division as trustee and custodian of
5897     protected wildlife in the state.
5898          (2) The wolf [is] has been listed as endangered under the federal Endangered Species
5899     Act throughout the greater portion of the state.
5900          (3) The service is the federal agency charged with responsibility to administer the
5901     Endangered Species Act.
5902          (4) The service acknowledges that Utah is not critical to the recovery of wolves and
5903     that it does not intend to actively recover wolves in the state.
5904          (5) The division prepared a wolf management plan outlining [its] the division's
5905     management objectives for the wolf in Utah when the wolf was delisted and removed from
5906     federal control.
5907          (6) The wolf management plan prepared by the division was formally submitted to the
5908     service in 2007 for approval.
5909          (7) The service has neither approved, denied, nor otherwise commented on the plan

5910     since receiving it in 2007.
5911          (8) The state formally requested, in writing on multiple occasions, that the service
5912     delist the wolf throughout Utah, and the service has failed to acknowledge or otherwise
5913     respond to [any of] the requests.
5914          (9) The state cannot adequately or effectively manage wolves on a pack level in the
5915     small area of the state where the species is currently delisted without significantly harming
5916     other vital state interests, including livestock and big game populations.
5917          (10) It is the policy of the state to legally advocate and facilitate the delisting of wolves
5918     in Utah under the Endangered Species Act and to return wolf management authority to the
5919     state.
5920          Section 238. Section 23A-15-201, which is renumbered from Section 23-29-201 is
5921     renumbered and amended to read:
5922     
Part 2. Wolf Management

5923          [23-29-201].      23A-15-201. Wolf management.
5924          (1) The division shall contact the service upon discovering a wolf in [any] an area of
5925     the state where wolves are listed as threatened or endangered under the Endangered Species
5926     Act and request immediate removal of the animal from the state.
5927          (2) The division shall manage wolves to prevent the establishment of a viable pack in
5928     all areas of the state where the wolf is not listed as threatened or endangered under the
5929     Endangered Species Act until the wolf is completely delisted under the act and removed from
5930     federal control in the entire state.
5931          (3) Subsections (1) and (2) do not apply to wolves lawfully held in captivity and
5932     restrained.
5933          Section 239. Section 23A-15-202, which is renumbered from Section 23-29-202 is
5934     renumbered and amended to read:
5935          [23-29-202].      23A-15-202. Rulemaking.
5936          The [division] Wildlife Board may make administrative rules in accordance with Title
5937     63G, Chapter 3, Utah Administrative Rulemaking Act, to manage the wolf in accordance with

5938     this chapter.
5939          Section 240. Repealer.
5940          This bill repeals:
5941          Section 23-13-1, Title.
5942          Section 23-13-16, Judicial notice of proclamations.
5943          Section 23-14-2.1, Procedures -- Adjudicative proceedings.
5944          Section 23-14-11, Official seal of division.
5945          Section 23-14-16, Unexpended fund balances converted to general fund account.
5946          Section 23-17-5, Damages for destroyed crops -- Limitations -- Appraisal.
5947          Section 23-20-23, Aiding or assisting violation unlawful.
5948          Section 23-21a-1, Short title.
5949          Section 23-21a-2, Legislative findings and policy.
5950          Section 23-21a-3, State to condemn and purchase islands in Great Salt Lake --
5951     Protection of American white pelican.
5952          Section 23-21a-4, Payment of fair market value to landowners -- Impartial
5953     appraisal.
5954          Section 23-21a-5, Mineral rights retained by landowners -- Oil discovery.
5955          Section 23-21a-6, Nonlapsing appropriation for appraisal and purchase.
5956          Section 23-25-1, Short title.
5957          Section 23-25-12, Title.
5958          Section 23-27-101, Title.
5959          Section 23-28-101, Title.
5960          Section 23-29-101, Title.
5961          Section 23-30-101, Title.
5962          Section 23-31-101, Title.
5963          Section 23-32-101, Title.
5964          Section 241. Effective date.
5965          This bill takes effect on July 1, 2023.

5966          Section 242. Revisor instructions.
5967          The Legislature intends that the Office of Legislative Research and General Counsel, in
5968     preparing the Utah Code database for publication, not enroll this bill if H.B. 31, Wildlife
5969     Resources Recodification Cross References, does not pass.