2
3
4
5
6
7 LONG TITLE
8 Committee Note:
9 The Natural Resources, Agriculture, and Environment Interim Committee
10 recommended this bill.
11 Legislative Vote: 16 voting for 0 voting against 3 absent
12 General Description:
13 This bill recodifies Title 23, Wildlife Resources Code of Utah.
14 Highlighted Provisions:
15 This bill:
16 ▸ addresses definitions;
17 ▸ reorders provisions;
18 ▸ removes outdated language;
19 ▸ clarifies rulemaking authority;
20 ▸ addresses compensation of employees;
21 ▸ clarifies delegation to employees of use of fireworks;
22 ▸ makes consistent references to nominations by nominating committee;
23 ▸ clarifies delegation to employees related to issuing duplicates;
24 ▸ addresses references to criminal penalty provisions;
25 ▸ addresses cross references;
26 ▸ clarifies review by regional advisory councils of cooperative wildlife management
27 units; and
28 ▸ makes technical changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 This bill provides a special effective date.
33 This bill provides revisor instructions.
34 Utah Code Sections Affected:
35 ENACTS:
36 23A-1-103, Utah Code Annotated 1953
37 23A-2-101, Utah Code Annotated 1953
38 23A-3-101, Utah Code Annotated 1953
39 23A-4-101, Utah Code Annotated 1953
40 23A-4-502, Utah Code Annotated 1953
41 23A-4-1104, Utah Code Annotated 1953
42 23A-4-1105, Utah Code Annotated 1953
43 23A-4-1107, Utah Code Annotated 1953
44 23A-5-101, Utah Code Annotated 1953
45 23A-5-306, Utah Code Annotated 1953
46 23A-8-101, Utah Code Annotated 1953
47 23A-9-101, Utah Code Annotated 1953
48 23A-12-101, Utah Code Annotated 1953
49 23A-14-101, Utah Code Annotated 1953
50 RENUMBERS AND AMENDS:
51 23A-1-101, (Renumbered from 23-13-2, as last amended by Laws of Utah 2019,
52 Chapter 125)
53 23A-1-102, (Renumbered from 23-13-3, as last amended by Laws of Utah 1992,
54 Chapter 27)
55 23A-1-201, (Renumbered from 23-13-8, as last amended by Laws of Utah 1986,
56 Chapter 76)
57 23A-1-202, (Renumbered from 23-13-12.5, as last amended by Laws of Utah 2002,
58 Chapter 70)
59 23A-1-203, (Renumbered from 23-13-15, as enacted by Laws of Utah 1973, Chapter
60 33)
61 23A-1-204, (Renumbered from 23-13-17, as last amended by Laws of Utah 2011,
62 Chapter 297)
63 23A-1-205, (Renumbered from 23-20-9, as last amended by Laws of Utah 2011,
64 Chapter 297)
65 23A-2-102, (Renumbered from 23-14-3, as last amended by Laws of Utah 2020,
66 Chapter 154)
67 23A-2-201, (Renumbered from 23-14-1, as last amended by Laws of Utah 1995,
68 Chapter 211)
69 23A-2-202, (Renumbered from 23-14-7, as last amended by Laws of Utah 1995,
70 Chapter 56)
71 23A-2-203, (Renumbered from 23-14-8, as last amended by Laws of Utah 1995,
72 Chapter 211)
73 23A-2-204, (Renumbered from 23-14-10, as last amended by Laws of Utah 1989,
74 Chapter 22)
75 23A-2-205, (Renumbered from 23-14-12, as enacted by Laws of Utah 1971, Chapter
76 46)
77 23A-2-206, (Renumbered from 23-15-2, as last amended by Laws of Utah 2011,
78 Chapter 297)
79 23A-2-207, (Renumbered from 23-13-6, as last amended by Laws of Utah 2021,
80 Chapter 109)
81 23A-2-208, (Renumbered from 23-13-7, as last amended by Laws of Utah 1986,
82 Chapter 76)
83 23A-2-209, (Renumbered from 23-14-21, as last amended by Laws of Utah 2021,
84 Chapter 382)
85 23A-2-301, (Renumbered from 23-14-2, as last amended by Laws of Utah 2020,
86 Chapters 352 and 373)
87 23A-2-302, (Renumbered from 23-14-2.5, as last amended by Laws of Utah 2003,
88 Chapter 36)
89 23A-2-303, (Renumbered from 23-14-2.6, as last amended by Laws of Utah 2010,
90 Chapters 286 and 324)
91 23A-2-304, (Renumbered from 23-14-19, as last amended by Laws of Utah 1995,
92 Chapter 211)
93 23A-2-305, (Renumbered from 23-14-18, as last amended by Laws of Utah 2021,
94 Chapter 57)
95 23A-2-401, (Renumbered from 23-22-1, as last amended by Laws of Utah 2011,
96 Chapter 297)
97 23A-2-402, (Renumbered from 23-22-2, as last amended by Laws of Utah 2010,
98 Chapter 324)
99 23A-2-403, (Renumbered from 23-22-3, as last amended by Laws of Utah 2011,
100 Chapter 297)
101 23A-2-501, (Renumbered from 23-25-2, as last amended by Laws of Utah 2015,
102 Chapter 258)
103 23A-2-502, (Renumbered from 23-25-3, as enacted by Laws of Utah 1992, Chapter
104 260)
105 23A-2-503, (Renumbered from 23-25-4, as enacted by Laws of Utah 1992, Chapter
106 260)
107 23A-2-504, (Renumbered from 23-25-5, as enacted by Laws of Utah 1992, Chapter
108 260)
109 23A-2-505, (Renumbered from 23-25-6, as enacted by Laws of Utah 1992, Chapter
110 260)
111 23A-2-506, (Renumbered from 23-25-7, as enacted by Laws of Utah 1992, Chapter
112 260)
113 23A-2-507, (Renumbered from 23-25-8, as enacted by Laws of Utah 1992, Chapter
114 260)
115 23A-2-508, (Renumbered from 23-25-9, as enacted by Laws of Utah 1992, Chapter
116 260)
117 23A-2-509, (Renumbered from 23-25-10, as last amended by Laws of Utah 1993,
118 Chapter 4)
119 23A-2-510, (Renumbered from 23-25-11, as enacted by Laws of Utah 1992, Chapter
120 260)
121 23A-2-511, (Renumbered from 23-25-13, as enacted by Laws of Utah 1992, Chapter
122 260)
123 23A-3-201, (Renumbered from 23-14-13, as last amended by Laws of Utah 2015,
124 Chapter 30)
125 23A-3-202, (Renumbered from 23-14-14, as enacted by Laws of Utah 1971, Chapter
126 46)
127 23A-3-203, (Renumbered from 23-14-13.5, as enacted by Laws of Utah 2017, Chapter
128 383)
129 23A-3-204, (Renumbered from 23-14-14.2, as last amended by Laws of Utah 2022,
130 Chapter 68)
131 23A-3-205, (Renumbered from 23-13-20, as enacted by Laws of Utah 2022, Chapter
132 37)
133 23A-3-206, (Renumbered from 23-14-14.3, as enacted by Laws of Utah 2022, Chapter
134 53)
135 23A-3-207, (Renumbered from 23-19-43, as last amended by Laws of Utah 2000,
136 Chapter 195)
137 23A-3-208, (Renumbered from 23-19-47, as last amended by Laws of Utah 2007,
138 Chapter 187)
139 23A-3-209, (Renumbered from 23-19-48, as enacted by Laws of Utah 2012, Chapter
140 142)
141 23A-3-210, (Renumbered from 23-15-14, as last amended by Laws of Utah 2001,
142 Chapter 22)
143 23A-3-211, (Renumbered from 23-27-305, as enacted by Laws of Utah 2020, Chapter
144 195)
145 23A-3-212, (Renumbered from 23-30-103, as enacted by Laws of Utah 2012, Chapter
146 143)
147 23A-3-213, (Renumbered from 23-19-17.7, as enacted by Laws of Utah 1984, Chapter
148 30)
149 23A-3-301, (Renumbered from 23-31-102, as enacted by Laws of Utah 2020, Chapter
150 190)
151 23A-3-302, (Renumbered from 23-31-103, as enacted by Laws of Utah 2020, Chapter
152 190)
153 23A-3-303, (Renumbered from 23-31-104, as enacted by Laws of Utah 2020, Chapter
154 190)
155 23A-3-304, (Renumbered from 23-31-201, as enacted by Laws of Utah 2020, Chapter
156 190)
157 23A-3-305, (Renumbered from 23-31-202, as enacted by Laws of Utah 2020, Chapter
158 190)
159 23A-3-306, (Renumbered from 23-31-203, as enacted by Laws of Utah 2020, Chapter
160 190)
161 23A-4-201, (Renumbered from 23-19-1, as last amended by Laws of Utah 2017,
162 Chapter 104)
163 23A-4-202, (Renumbered from 23-19-2, as last amended by Laws of Utah 2019,
164 Chapter 125)
165 23A-4-203, (Renumbered from 23-19-3, as last amended by Laws of Utah 1995,
166 Chapter 211)
167 23A-4-204, (Renumbered from 23-19-4, as last amended by Laws of Utah 2007,
168 Chapter 136)
169 23A-4-205, (Renumbered from 23-19-7, as last amended by Laws of Utah 2014,
170 Chapter 21)
171 23A-4-206, (Renumbered from 23-19-8, as last amended by Laws of Utah 2019,
172 Chapter 125)
173 23A-4-207, (Renumbered from 23-19-38, as last amended by Laws of Utah 2019,
174 Chapter 349)
175 23A-4-208, (Renumbered from 23-19-10, as last amended by Laws of Utah 2005,
176 Chapter 117)
177 23A-4-209, (Renumbered from 23-19-42, as last amended by Laws of Utah 2013,
178 Chapter 295)
179 23A-4-210, (Renumbered from 23-19-45, as enacted by Laws of Utah 1997, Chapter
180 179)
181 23A-4-301, (Renumbered from 23-19-38.2, as last amended by Laws of Utah 2011,
182 Chapter 297)
183 23A-4-302, (Renumbered from 23-19-38.3, as last amended by Laws of Utah 2019,
184 Chapter 135)
185 23A-4-303, (Renumbered from 23-19-14, as last amended by Laws of Utah 2018,
186 Chapter 39)
187 23A-4-304, (Renumbered from 23-19-14.5, as last amended by Laws of Utah 2015,
188 Chapter 25)
189 23A-4-305, (Renumbered from 23-19-36, as last amended by Laws of Utah 2019,
190 Chapter 349)
191 23A-4-306, (Renumbered from 23-19-39, as last amended by Laws of Utah 1999,
192 Chapter 128)
193 23A-4-401, (Renumbered from 23-19-17, as last amended by Laws of Utah 2007,
194 Chapter 187)
195 23A-4-402, (Renumbered from 23-19-17.5, as last amended by Laws of Utah 2017,
196 Chapter 46)
197 23A-4-501, (Renumbered from 23-19-15, as last amended by Laws of Utah 2017,
198 Chapter 46)
199 23A-4-503, (Renumbered from 23-19-16, as last amended by Laws of Utah 2000,
200 Chapter 195)
201 23A-4-601, (Renumbered from 23-19-21, as last amended by Laws of Utah 2014,
202 Chapter 21)
203 23A-4-602, (Renumbered from 23-19-35, as last amended by Laws of Utah 1980,
204 Chapter 28)
205 23A-4-701, (Renumbered from 23-19-14.6, as last amended by Laws of Utah 2016,
206 Chapter 258)
207 23A-4-702, (Renumbered from 23-19-49, as enacted by Laws of Utah 2022, Chapter
208 102)
209 23A-4-703, (Renumbered from 23-19-22, as last amended by Laws of Utah 2016,
210 Chapter 258)
211 23A-4-704, (Renumbered from 23-19-22.5, as last amended by Laws of Utah 2007,
212 Chapter 187)
213 23A-4-705, (Renumbered from 23-19-22.6, as last amended by Laws of Utah 2007,
214 Chapter 187)
215 23A-4-706, (Renumbered from 23-19-24, as last amended by Laws of Utah 2007,
216 Chapter 187)
217 23A-4-707, (Renumbered from 23-19-26, as last amended by Laws of Utah 2007,
218 Chapter 187)
219 23A-4-708, (Renumbered from 23-20-20, as last amended by Laws of Utah 2011,
220 Chapter 297)
221 23A-4-709, (Renumbered from 23-20-30, as last amended by Laws of Utah 2020,
222 Chapter 135)
223 23A-4-801, (Renumbered from 23-19-34.5, as last amended by Laws of Utah 2010,
224 Chapter 256)
225 23A-4-802, (Renumbered from 23-19-34.7, as last amended by Laws of Utah 2010,
226 Chapter 256)
227 23A-4-901, (Renumbered from 23-19-27, as last amended by Laws of Utah 2001,
228 Chapter 22)
229 23A-4-902, (Renumbered from 23-19-31, as last amended by Laws of Utah 1980,
230 Chapter 28)
231 23A-4-903, (Renumbered from 23-19-32, as last amended by Laws of Utah 1980,
232 Chapter 28)
233 23A-4-904, (Renumbered from 23-19-33, as last amended by Laws of Utah 1980,
234 Chapter 28)
235 23A-4-905, (Renumbered from 23-18-5, as last amended by Laws of Utah 2011,
236 Chapter 297)
237 23A-4-1001, (Renumbered from 23-19-11, as last amended by Laws of Utah 2022,
238 Chapter 57)
239 23A-4-1002, (Renumbered from 23-19-11.1, as last amended by Laws of Utah 2017,
240 Chapter 46)
241 23A-4-1003, (Renumbered from 23-19-12, as last amended by Laws of Utah 2022,
242 Chapter 57)
243 23A-4-1004, (Renumbered from 23-19-12.7, as enacted by Laws of Utah 1998, Chapter
244 166)
245 23A-4-1005, (Renumbered from 23-19-11.5, as last amended by Laws of Utah 2017,
246 Chapter 46)
247 23A-4-1006, (Renumbered from 23-19-12.5, as enacted by Laws of Utah 1995, Chapter
248 120)
249 23A-4-1007, (Renumbered from 23-19-13, as last amended by Laws of Utah 1995,
250 Chapter 120)
251 23A-4-1101, (Renumbered from 23-19-5, as last amended by Laws of Utah 2007,
252 Chapter 136)
253 23A-4-1102, (Renumbered from 23-19-5.5, as last amended by Laws of Utah 2022,
254 Chapter 58)
255 23A-4-1103, (Renumbered from 23-19-6, as last amended by Laws of Utah 1979,
256 Chapter 90)
257 23A-4-1106, (Renumbered from 23-19-9, as last amended by Laws of Utah 2021,
258 Chapter 57)
259 23A-4-1108, (Renumbered from 23-19-9.1, as enacted by Laws of Utah 1997, Chapter
260 232)
261 23A-4-1109, (Renumbered from 23-19-9.5, as last amended by Laws of Utah 1995,
262 Chapter 211)
263 23A-5-201, (Renumbered from 23-20-1, as last amended by Laws of Utah 2013,
264 Chapter 394)
265 23A-5-202, (Renumbered from 23-20-1.5, as last amended by Laws of Utah 1998,
266 Chapter 282)
267 23A-5-203, (Renumbered from 23-20-2, as enacted by Laws of Utah 1971, Chapter 46)
268 23A-5-204, (Renumbered from 23-20-10, as last amended by Laws of Utah 2019,
269 Chapter 125)
270 23A-5-205, (Renumbered from 23-20-16, as last amended by Laws of Utah 1998,
271 Chapter 282)
272 23A-5-206, (Renumbered from 23-20-28, as last amended by Laws of Utah 2011,
273 Chapter 297)
274 23A-5-207, (Renumbered from 23-20-25, as last amended by Laws of Utah 1994,
275 Chapter 208)
276 23A-5-301, (Renumbered from 23-13-11, as last amended by Laws of Utah 2009,
277 Chapter 347)
278 23A-5-302, (Renumbered from 23-13-4, as enacted by Laws of Utah 1971, Chapter 46)
279 23A-5-303, (Renumbered from 23-13-5, as last amended by Laws of Utah 1973,
280 Chapter 33)
281 23A-5-304, (Renumbered from 23-13-13, as last amended by Laws of Utah 1975,
282 Chapter 60)
283 23A-5-305, (Renumbered from 23-13-14, as last amended by Laws of Utah 2017,
284 Chapter 129)
285 23A-5-307, (Renumbered from 23-13-18, as last amended by Laws of Utah 2021,
286 Chapter 177)
287 23A-5-308, (Renumbered from 23-13-19, as last amended by Laws of Utah 2017,
288 Chapter 345)
289 23A-5-309, (Renumbered from 23-20-3, as last amended by Laws of Utah 2009,
290 Chapter 347)
291 23A-5-310, (Renumbered from 23-20-3.5, as enacted by Laws of Utah 2000, Chapter 5)
292 23A-5-311, (Renumbered from 23-20-4, as last amended by Laws of Utah 2009,
293 Chapter 250)
294 23A-5-312, (Renumbered from 23-20-4.5, as last amended by Laws of Utah 2009,
295 Chapter 250)
296 23A-5-313, (Renumbered from 23-20-4.7, as enacted by Laws of Utah 2010, Chapter
297 52)
298 23A-5-314, (Renumbered from 23-20-8, as last amended by Laws of Utah 2013,
299 Chapter 282)
300 23A-5-315, (Renumbered from 23-20-12, as last amended by Laws of Utah 2011,
301 Chapter 366)
302 23A-5-316, (Renumbered from 23-20-13, as last amended by Laws of Utah 1995,
303 Chapters 23 and 211)
304 23A-5-317, (Renumbered from 23-20-14, as last amended by Laws of Utah 2022,
305 Chapter 87)
306 23A-5-318, (Renumbered from 23-20-15, as enacted by Laws of Utah 1971, Chapter
307 46)
308 23A-5-319, (Renumbered from 23-20-18, as last amended by Laws of Utah 1975,
309 Chapter 60)
310 23A-5-320, (Renumbered from 23-20-19, as last amended by Laws of Utah 1975,
311 Chapter 60)
312 23A-5-321, (Renumbered from 23-20-29, as last amended by Laws of Utah 2011,
313 Chapter 297)
314 23A-5-322, (Renumbered from 23-20-29.5, as enacted by Laws of Utah 1994, Chapter
315 87)
316 23A-6-101, (Renumbered from 23-21-.5, as last amended by Laws of Utah 2019,
317 Chapter 141)
318 23A-6-201, (Renumbered from 23-21-1, as enacted by Laws of Utah 1971, Chapter 46)
319 23A-6-202, (Renumbered from 23-21-1.5, as last amended by Laws of Utah 2009,
320 Chapter 388)
321 23A-6-203, (Renumbered from 23-21-2, as last amended by Laws of Utah 2011,
322 Chapter 297)
323 23A-6-204, (Renumbered from 23-21-6, as last amended by Laws of Utah 1993,
324 Chapter 227)
325 23A-6-301, (Renumbered from 23-21-2.1, as enacted by Laws of Utah 1998, Chapter
326 218)
327 23A-6-302, (Renumbered from 23-21-2.2, as enacted by Laws of Utah 1998, Chapter
328 218)
329 23A-6-303, (Renumbered from 23-21-2.3, as last amended by Laws of Utah 2021,
330 Chapter 382)
331 23A-6-304, (Renumbered from 23-21-2.4, as enacted by Laws of Utah 1998, Chapter
332 218)
333 23A-6-305, (Renumbered from 23-21-2.5, as enacted by Laws of Utah 1998, Chapter
334 218)
335 23A-6-401, (Renumbered from 23-21-2.6, as enacted by Laws of Utah 2022, Chapter
336 52)
337 23A-6-402, (Renumbered from 23-21-4, as last amended by Laws of Utah 2000,
338 Chapter 156)
339 23A-6-403, (Renumbered from 23-21-5, as last amended by Laws of Utah 2019,
340 Chapter 141)
341 23A-6-404, (Renumbered from 23-21-7, as enacted by Laws of Utah 2009, Chapter
342 347)
343 23A-7-101, (Renumbered from 23-23-2, as last amended by Laws of Utah 2005,
344 Chapter 112)
345 23A-7-102, (Renumbered from 23-23-3, as last amended by Laws of Utah 2005,
346 Chapter 112)
347 23A-7-103, (Renumbered from 23-23-1, as last amended by Laws of Utah 1997,
348 Chapter 258)
349 23A-7-201, (Renumbered from 23-23-4, as last amended by Laws of Utah 1997,
350 Chapter 258)
351 23A-7-202, (Renumbered from 23-23-5, as last amended by Laws of Utah 1997,
352 Chapter 258)
353 23A-7-203, (Renumbered from 23-23-6, as repealed and reenacted by Laws of Utah
354 1997, Chapter 258)
355 23A-7-204, (Renumbered from 23-23-7, as last amended by Laws of Utah 2005,
356 Chapter 112)
357 23A-7-205, (Renumbered from 23-23-7.5, as enacted by Laws of Utah 1997, Chapter
358 258)
359 23A-7-206, (Renumbered from 23-23-8, as last amended by Laws of Utah 1997,
360 Chapter 258)
361 23A-7-207, (Renumbered from 23-23-9, as last amended by Laws of Utah 1997,
362 Chapter 258)
363 23A-7-208, (Renumbered from 23-23-10, as last amended by Laws of Utah 2000,
364 Chapter 44)
365 23A-7-209, (Renumbered from 23-23-11, as last amended by Laws of Utah 2011,
366 Chapter 297)
367 23A-7-210, (Renumbered from 23-23-12, as enacted by Laws of Utah 1988, Chapter
368 158)
369 23A-7-211, (Renumbered from 23-23-13, as enacted by Laws of Utah 1988, Chapter
370 158)
371 23A-7-212, (Renumbered from 23-23-14, as last amended by Laws of Utah 2013,
372 Chapter 212)
373 23A-8-201, (Renumbered from 23-24-1, as last amended by Laws of Utah 2017,
374 Chapter 345)
375 23A-8-202, (Renumbered from 23-24-2, as enacted by Laws of Utah 2020, Chapter
376 100)
377 23A-8-203, (Renumbered from 23-18-4, as enacted by Laws of Utah 1971, Chapter 46)
378 23A-8-301, (Renumbered from 23-17-4, as last amended by Laws of Utah 2011,
379 Chapter 297)
380 23A-8-302, (Renumbered from 23-17-5.1, as enacted by Laws of Utah 2013, Chapter
381 375)
382 23A-8-401, (Renumbered from 23-16-2, as enacted by Laws of Utah 1971, Chapter 46)
383 23A-8-402, (Renumbered from 23-16-3, as last amended by Laws of Utah 2022,
384 Chapter 45)
385 23A-8-403, (Renumbered from 23-16-3.1, as last amended by Laws of Utah 2022,
386 Chapter 45)
387 23A-8-404, (Renumbered from 23-16-3.2, as last amended by Laws of Utah 2022,
388 Chapter 45)
389 23A-8-405, (Renumbered from 23-16-4, as last amended by Laws of Utah 2022,
390 Chapter 45)
391 23A-9-201, (Renumbered from 23-15-4, as last amended by Laws of Utah 2018,
392 Chapter 148)
393 23A-9-202, (Renumbered from 23-15-5, as enacted by Laws of Utah 1971, Chapter 46)
394 23A-9-203, (Renumbered from 23-15-10, as last amended by Laws of Utah 2017,
395 Chapter 412)
396 23A-9-204, (Renumbered from 23-15-13, as last amended by Laws of Utah 1997,
397 Chapter 82)
398 23A-9-301, (Renumbered from 23-15-3, as last amended by Laws of Utah 1983,
399 Chapter 347)
400 23A-9-302, (Renumbered from 23-15-6, as enacted by Laws of Utah 1971, Chapter 46)
401 23A-9-303, (Renumbered from 23-15-7, as enacted by Laws of Utah 1971, Chapter 46)
402 23A-9-304, (Renumbered from 23-15-8, as last amended by Laws of Utah 1994,
403 Chapter 153)
404 23A-9-305, (Renumbered from 23-15-9, as last amended by Laws of Utah 2011,
405 Chapter 297)
406 23A-10-101, (Renumbered from 23-27-102, as last amended by Laws of Utah 2020,
407 Chapter 195)
408 23A-10-201, (Renumbered from 23-27-201, as last amended by Laws of Utah 2014,
409 Chapter 274)
410 23A-10-202, (Renumbered from 23-27-202, as enacted by Laws of Utah 2008, Chapter
411 284)
412 23A-10-301, (Renumbered from 23-27-301, as last amended by Laws of Utah 2020,
413 Chapter 195)
414 23A-10-302, (Renumbered from 23-27-302, as enacted by Laws of Utah 2008, Chapter
415 284)
416 23A-10-303, (Renumbered from 23-27-303, as enacted by Laws of Utah 2008, Chapter
417 284)
418 23A-10-304, (Renumbered from 23-27-304, as enacted by Laws of Utah 2020, Chapter
419 195)
420 23A-10-305, (Renumbered from 23-27-306, as enacted by Laws of Utah 2020, Chapter
421 195)
422 23A-10-401, (Renumbered from 23-27-401, as enacted by Laws of Utah 2008, Chapter
423 284)
424 23A-10-501, (Renumbered from 23-27-501, as enacted by Laws of Utah 2021, Chapter
425 248)
426 23A-11-101, (Renumbered from 23-16-1.1, as last amended by Laws of Utah 2022,
427 Chapter 45)
428 23A-11-201, (Renumbered from 23-16-5, as last amended by Laws of Utah 2022,
429 Chapter 294)
430 23A-11-202, (Renumbered from 23-16-6, as last amended by Laws of Utah 2008,
431 Chapter 239)
432 23A-11-203, (Renumbered from 23-16-11, as enacted by Laws of Utah 2021, Chapter
433 177)
434 23A-11-204, (Renumbered from 23-20-33, as enacted by Laws of Utah 2022, Chapter
435 45)
436 23A-11-205, (Renumbered from 23-20-31, as last amended by Laws of Utah 2011,
437 Chapter 297)
438 23A-11-301, (Renumbered from 23-16-7, as last amended by Laws of Utah 1995,
439 Chapter 211)
440 23A-11-302, (Renumbered from 23-16-10, as enacted by Laws of Utah 2020, Chapter
441 15)
442 23A-11-401, (Renumbered from 23-30-102, as enacted by Laws of Utah 2012, Chapter
443 143)
444 23A-11-402, (Renumbered from 23-30-104, as enacted by Laws of Utah 2012, Chapter
445 143)
446 23A-12-201, (Renumbered from 23-17-5.2, as enacted by Laws of Utah 2013, Chapter
447 375)
448 23A-12-202, (Renumbered from 23-17-6, as last amended by Laws of Utah 2015,
449 Chapter 200)
450 23A-12-203, (Renumbered from 23-17-7, as enacted by Laws of Utah 1971, Chapter
451 46)
452 23A-12-204, (Renumbered from 23-17-8, as last amended by Laws of Utah 2011,
453 Chapter 297)
454 23A-12-205, (Renumbered from 23-17-9, as enacted by Laws of Utah 1971, Chapter
455 46)
456 23A-12-301, (Renumbered from 23-32-102, as enacted by Laws of Utah 2021, Chapter
457 177)
458 23A-12-302, (Renumbered from 23-32-103, as enacted by Laws of Utah 2021, Chapter
459 177)
460 23A-12-303, (Renumbered from 23-32-104, as enacted by Laws of Utah 2021, Chapter
461 177)
462 23A-13-101, (Renumbered from 23-28-102, as enacted by Laws of Utah 2009, Chapter
463 273)
464 23A-13-201, (Renumbered from 23-28-201, as last amended by Laws of Utah 2021,
465 Chapter 41)
466 23A-13-202, (Renumbered from 23-28-202, as last amended by Laws of Utah 2021,
467 Chapter 41)
468 23A-13-301, (Renumbered from 23-28-301, as enacted by Laws of Utah 2009, Chapter
469 273)
470 23A-13-302, (Renumbered from 23-28-302, as last amended by Laws of Utah 2021,
471 Chapter 41)
472 23A-13-303, (Renumbered from 23-28-303, as last amended by Laws of Utah 2019,
473 Chapter 81)
474 23A-13-304, (Renumbered from 23-28-304, as enacted by Laws of Utah 2009, Chapter
475 273)
476 23A-13-305, (Renumbered from 23-28-305, as enacted by Laws of Utah 2009, Chapter
477 273)
478 23A-14-201, (Renumbered from 23-18-2, as last amended by Laws of Utah 1986,
479 Chapter 76)
480 23A-14-202, (Renumbered from 23-18-3, as enacted by Laws of Utah 1971, Chapter
481 46)
482 23A-14-203, (Renumbered from 23-18-6, as enacted by Laws of Utah 1993, Chapter
483 264)
484 23A-15-101, (Renumbered from 23-29-102, as enacted by Laws of Utah 2010, Chapter
485 20)
486 23A-15-102, (Renumbered from 23-29-103, as enacted by Laws of Utah 2010, Chapter
487 20)
488 23A-15-201, (Renumbered from 23-29-201, as enacted by Laws of Utah 2010, Chapter
489 20)
490 23A-15-202, (Renumbered from 23-29-202, as enacted by Laws of Utah 2010, Chapter
491 20)
492 REPEALS:
493 23-13-1, as last amended by Laws of Utah 2007, Chapter 306
494 23-13-16, as enacted by Laws of Utah 1992, Chapter 261
495 23-14-2.1, as last amended by Laws of Utah 2008, Chapter 382
496 23-14-11, as last amended by Laws of Utah 1984, Chapter 67
497 23-14-16, as last amended by Laws of Utah 1992, Chapter 30
498 23-17-5, as enacted by Laws of Utah 1971, Chapter 46
499 23-20-23, as enacted by Laws of Utah 1971, Chapter 46
500 23-21a-1, as enacted by Laws of Utah 1977, Chapter 103
501 23-21a-2, as enacted by Laws of Utah 1977, Chapter 103
502 23-21a-3, as enacted by Laws of Utah 1977, Chapter 103
503 23-21a-4, as enacted by Laws of Utah 1977, Chapter 103
504 23-21a-5, as enacted by Laws of Utah 1977, Chapter 103
505 23-21a-6, as enacted by Laws of Utah 1977, Chapter 103
506 23-25-1, as enacted by Laws of Utah 1992, Chapter 260
507 23-25-12, as enacted by Laws of Utah 1992, Chapter 260
508 23-27-101, as enacted by Laws of Utah 2008, Chapter 284
509 23-28-101, as enacted by Laws of Utah 2009, Chapter 273
510 23-29-101, as enacted by Laws of Utah 2010, Chapter 20
511 23-30-101, as enacted by Laws of Utah 2012, Chapter 143
512 23-31-101, as enacted by Laws of Utah 2020, Chapter 190
513 23-32-101, as enacted by Laws of Utah 2021, Chapter 177
514
515 Be it enacted by the Legislature of the state of Utah:
516 Section 1. Section 23A-1-101, which is renumbered from Section 23-13-2 is
517 renumbered and amended to read:
518
519
520
521 [
522 As used in this title:
523 (1) "Activity regulated under this title" means an act, attempted act, or activity
524 prohibited or regulated under this title or the rules[
525 title pertaining to protected wildlife including:
526 (a) fishing;
527 (b) hunting;
528 (c) trapping;
529 (d) taking;
530 (e) permitting [
531 (f) transporting;
532 (g) possessing;
533 (h) selling;
534 (i) wasting;
535 (j) importing;
536 (k) exporting;
537 (l) rearing;
538 (m) keeping;
539 (n) using as a commercial venture; and
540 (o) releasing to the wild.
541 (2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
542 (3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
543 (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
544 amphibians.
545 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
546 that one person may legally take during one day.
547 (6) "Big game" means species of hoofed protected wildlife.
548 (7) "Carcass" means the dead body of an animal or [
549 (8) "Certificate of registration" means a paper-based or electronic document issued
550 under this title, or [
551 engage in activities not covered by a license, permit, or tag.
552 (9) "Closed season" means the period of time during which the taking of protected
553 wildlife is prohibited.
554 (10) "Conservation officer" means a full-time, permanent employee of the [
555
556 (11) "Dedicated hunter program" means a program that provides:
557 (a) expanded hunting opportunities;
558 (b) opportunities to participate in projects that are beneficial to wildlife; and
559 (c) education in hunter ethics and wildlife management principles.
560 (12) "Department" means the Department of Natural Resources.
561 (13) "Director" means the director of the division appointed under Section 23A-2-202.
562 [
563 [
564 [
565 [
566 [
567 a special or temporary purpose, but with the intention of making a permanent home.
568 [
569 [
570 [
571 [
572 Section 3 of the federal Endangered Species Act of 1973.
573 (17) "Executive director" means the executive director of the Department of Natural
574 Resources.
575 [
576 4-37-103.
577 [
578 the wild.
579 [
580 [
581 Mustelidae, and Castoridae families, except coyote and cougar.
582 [
583 means for human use.
584 [
585
586
587 [
588
589 [
590 any means.
591 (24) "Hunting guide" means the same as that term is defined in Section 58-79-102.
592 [
593 or diminish the efforts of an officer in the performance of the officer's duty.
594 [
595 and perennially or intermittently flows with a perceptible current in a channel formed
596 exclusively by forces of nature.
597 (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
598 (i) realigned or modified channel that replaces the historic, natural flowing stream
599 channel; and
600 (ii) dredged natural flowing stream channel.
601 (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
602 other water delivery system that diverts and conveys water to an approved place of use
603 pursuant to a certificated water right.
604 [
605 collects on the surface of the earth exclusively through the forces of nature and without human
606 assistance.
607 (b) "Natural lake" does not mean a lake where [
608 the body of water originate from groundwater springs no more than 100 yards upstream.
609 (28) "Nominating committee" means the Wildlife Board Nominating Committee
610 created in Section 23A-2-302.
611 [
612 [
613 may be legally taken.
614 (31) "Outfitter" means the same as that term is defined in Section 58-79-102.
615 [
616 value.
617 [
618 that grants authority to engage in specified activities under this title or a rule or proclamation of
619 the Wildlife Board.
620 [
621 corporation, or an agent of the [
622 agency, or corporation.
623 (35) "Pollute water" means to introduce into waters within the state matter or thermal
624 energy that:
625 (a) exceeds state water quality standards; or
626 (b) could harm protected wildlife.
627 [
628 [
629 legally possess.
630 [
631 including a fish culture system, located on privately owned land where privately owned fish:
632 (i) are propagated or kept for a private noncommercial purpose; and
633 (ii) may be taken without a fishing license.
634 (b) "Private fish pond" does not include:
635 (i) an aquaculture facility[
636 (ii) a fee fishing facility[
637 (iii) a short-term fishing event[
638 (iv) private stocking.
639 [
640 fish in the waters of the state not eligible as:
641 (a) a private fish pond under Section [
642 (b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
643 Act.
644 [
645
646
647 [
648 birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
649 (a) commingling with wild birds or furbearers; and
650 (b) escaping into the wild.
651 [
652 (a) used to convey a statute, rule, policy, or pertinent information [
653 to wildlife[
654 (b) issued in accordance with a rule made by the Wildlife Board under this title.
655 [
656
657 (b) "Protected aquatic wildlife" does not include aquatic insects.
658 [
659 except as provided in Subsection [
660 (b) "Protected wildlife" does not include:
661 (i) coyote[
662 (ii) field mouse[
663 (iii) gopher[
664 (iv) ground squirrel[
665 (v) jack rabbit[
666 (vi) muskrat[
667 (vii) raccoon.
668 (44) "Regional advisory council" means a council created under Section 23A-2-303.
669 [
670 [
671 water collected and stored on the course of a natural flowing stream by impounding the stream
672 through excavation or diking.
673 (b) "Reservoir constructed on a natural stream channel" does not mean an
674 impoundment on a natural flowing stream where all surface water sources supplying the
675 impoundment originate from groundwater springs no more than 100 yards upstream.
676 [
677 who:
678 [
679 preceding the purchase of a license; and
680 [
681 another state or country.
682 [
683 [
684
685 [
686 [
687
688
689 [
690 [
691 [
692
693 [
694
695 [
696
697 [
698 [
699
700 [
701
702 [
703 act of selling, bartering, exchanging, or trading.
704 [
705 (a) privately acquired fish are held or confined for a period not to exceed 10 days for
706 the purpose of providing fishing or recreational opportunity; and [
707 (b) no fee is charged as a requirement to fish.
708 [
709 [
710 (a) commonly pursued for sporting purposes;
711 (b) not classified as big game, aquatic wildlife, or furbearers; and
712 (c) excluding turkey, cougar, and bear.
713 [
714 unfit for human consumption.
715 [
716 headlight, or other artificial light on [
717 while having in possession a weapon by which protected wildlife may be killed.
718 [
719 identification used to document harvest of protected wildlife.
720 [
721 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill [
722 protected wildlife; or
723 (b) attempt [
724 [
725 Section 3 of the federal Endangered Species Act of 1973.
726 [
727 [
728 (a) deer - a buck with an outside antler measurement of 24 inches or greater;
729 (b) elk - a bull with six points on at least one side;
730 (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
731 (d) moose - a bull with at least one antler exceeding five inches in length;
732 (e) mountain goat - a male or female;
733 (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
734 (g) bison - a bull.
735 (58) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning
736 dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
737 [
738 (a) abandon protected wildlife [
739 (b) allow protected wildlife to spoil or to be used in a manner not normally associated
740 with the protected wildlife's beneficial use.
741 [
742
743 [
744 [
745 [
746 (a) crustaceans, including brine shrimp and crayfish;
747 (b) mollusks; and
748 (c) vertebrate animals living in nature, except feral animals.
749 (61) "Wildlife Board" means the board created in Section 23A-2-301.
750 Section 2. Section 23A-1-102, which is renumbered from Section 23-13-3 is
751 renumbered and amended to read:
752 [
753 [
754 legally acquired, is the property of the state.
755 (2) Fish released under private stocking become the property of the state and subject to
756 the fishing regulations set forth in this title or a rule or proclamation of the Wildlife Board.
757 Section 3. Section 23A-1-103 is enacted to read:
758 23A-1-103. Domicile or residency.
759 (1) To create a new domicile an individual shall:
760 (a) abandon the old domicile; and
761 (b) be able to prove that a new domicile has been established.
762 (2) A Utah resident retains Utah residency if that person leaves this state:
763 (a) to serve in the armed forces of the United States or for religious or educational
764 purposes; and
765 (b) the person complies with Subsection 23A-1-101(47)(b).
766 (3) (a) A member of the armed forces of the United States and dependents are residents
767 for the purposes of this title as of the date the member reports for duty under assigned orders in
768 the state if the member:
769 (i) is not on temporary duty in this state; and
770 (ii) complies with Subsection 23A-1-101(47)(b).
771 (b) A member shall present a copy of the assignment orders to a division office to
772 verify the member's qualification as a resident.
773 (4) A nonresident attending an institution of higher learning in this state as a full-time
774 student may qualify as a resident for purposes of this title if the student:
775 (a) has been present in this state for 60 consecutive days immediately preceding the
776 purchase of the license; and
777 (b) complies with Subsection 23A-1-101(47)(b).
778 (5) A Utah resident license is invalid if a resident license for hunting, fishing, or
779 trapping is purchased in another state or country.
780 (6) An absentee landowner paying property tax on land in Utah does not qualify as a
781 resident.
782 Section 4. Section 23A-1-201, which is renumbered from Section 23-13-8 is
783 renumbered and amended to read:
784
785 [
786 (1) [
787 (i) establish and maintain a private wildlife [
788 keeping furbearers or birds classified as protected wildlife [
789 (ii) sell or dispose of wildlife reared upon [
790 except that disposal may not include release to the wild without first securing written
791 permission from the Wildlife Board.
792 (b) Before establishing [
793 authorization from the [
794 established by the Wildlife Board[
795 3, Utah Administrative Rulemaking Act.
796 (c) Wildlife that escapes from a private wildlife [
797 the state.
798 (2) This section does not:
799 (a) apply to a private fur [
800 domesticated, privately owned mink or chinchilla [
801 animals from [
802 (b) provide for the propagating, rearing, and keeping of [
803 than [
804 Section 5. Section 23A-1-202, which is renumbered from Section 23-13-12.5 is
805 renumbered and amended to read:
806 [
807 (1) As used in this section, "tribe" means a federally recognized:
808 (a) Indian tribe; or
809 (b) Indian band.
810 (2) (a) Subject to the requirements of this section, the governor may enter into an
811 agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
812 fishing, or trapping right claim that is:
813 (i) based on:
814 (A) a treaty;
815 (B) an aboriginal right; or
816 (C) other recognized federal right; and
817 (ii) on lands located within the state.
818 (b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
819 (2)(a) may not exempt [
820 (c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
821 tribe that is a party to the agreement or a member of that tribe from:
822 (i) Section [
823 during a license year;
824 (ii) Section [
825 (iii) a hunter or furharvester education requirement under Chapter [
826 Permits, Certificates of Registration, and Tags;
827 (iv) an age restriction under Chapter [
828 Registration, and Tags;
829 (v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
830 or permit;
831 (vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
832 (vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
833 not inconsistent with this title.
834 (d) An agreement permitted under Subsection (2)(a) shall:
835 (i) be in writing;
836 (ii) be signed by:
837 (A) the governor; and
838 (B) the governing body of the tribe that:
839 (I) is designated by the tribe; and
840 (II) may bind the tribe to the terms of the agreement;
841 (iii) be conditioned on obtaining any approval required by federal law;
842 (iv) state the effective date of the agreement;
843 (v) provide that the governor shall renegotiate the agreement if the agreement is or
844 becomes inconsistent with a state statute for which an exemption is not authorized under this
845 section; and
846 (vi) include any accommodation made by the tribe that:
847 (A) is agreed to by the tribe;
848 (B) is reasonably related to the agreement; and
849 (C) concerns the management and use of wildlife resources or habitat.
850 (e) [
851 shall consult with:
852 (i) the division; and
853 (ii) the chair of the Wildlife Board [
854 (f) At least 30 days before the agreement under this Subsection (2) is executed, the
855 governor or the governor's designee shall provide a copy of the agreement in the form that the
856 agreement will be executed to:
857 (i) the chairs of the Native American Legislative Liaison Committee; and
858 (ii) the Office of Legislative Research and General Counsel.
859 Section 6. Section 23A-1-203, which is renumbered from Section 23-13-15 is
860 renumbered and amended to read:
861 [
862 In recognition of the substantial and continued contribution by hunters and fishermen
863 toward the sound management of wildlife in Utah, the fourth Saturday of September of each
864 year is [
865 Section 7. Section 23A-1-204, which is renumbered from Section 23-13-17 is
866 renumbered and amended to read:
867 [
868 raccoon -- County ordinances -- Permits.
869 (1) For purposes of a county ordinance enacted pursuant to this section, "motor
870 vehicle" means the same as that term is defined in Section 41-6a-102.
871 [
872 [
873 [
874 (a) [
875 skunk, or raccoon [
876 (b) a motor vehicle headlight or light attached to or powered by a motor vehicle may
877 not be used to spotlight the [
878 (c) while hunting with the use of an artificial light, the hunter may not occupy or
879 operate [
880 [
881
882 (4) The ordinance may specify:
883 (a) the time of day and seasons when spotlighting is permitted;
884 (b) areas closed or open to spotlighting within the unincorporated area of the county;
885 (c) safety zones within which spotlighting is prohibited;
886 (d) the weapons permitted; and
887 (e) penalties for violation of the ordinance.
888 (5) (a) A county may restrict the number of hunters engaging in spotlighting by
889 requiring a permit to spotlight and issuing a limited number of permits.
890 (b) (i) A county may charge a fee [
891 [
892 (ii) A county ordinance shall establish the permit fee.
893 (iii) [
894
895 Resources Account, except the Wildlife Board may allow [
896 ordinance pursuant to this section to retain a reasonable amount to pay for the costs of
897 administering and enforcing the ordinance[
898 does not affect federal funds received by the state under Wildlife Restoration Act, 16 U.S.C.
899 Sec. 669 et seq., [
900 et seq.[
901 (6) A county may require [
902 place [
903 (7) The requirement that a county enact an ordinance [
904 may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
905 (a) a person or the person's agent who is lawfully acting to protect the person's crops or
906 domestic animals from predation by those animals; or
907 (b) an animal damage control agent acting in the agent's official capacity under a
908 memorandum of agreement with the division.
909 Section 8. Section 23A-1-205, which is renumbered from Section 23-20-9 is
910 renumbered and amended to read:
911 [
912 (1) A person may only donate protected wildlife or [
913 person at:
914 (a) the residence of the donor;
915 (b) the residence of the person receiving protected wildlife or [
916 (c) a meat locker;
917 (d) a storage plant;
918 (e) a meat processing facility; or
919 (f) a location authorized by the Wildlife Board in rule, proclamation, or order.
920 (2) A written statement of donation shall be kept with the protected wildlife or parts
921 showing:
922 (a) the number and species of protected wildlife or parts donated;
923 (b) the date of donation;
924 (c) the license or permit number of the donor; and
925 (d) the signature of the donor.
926 (3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big
927 game animal to another person or organization at any place without a donation slip.
928 Section 9. Section 23A-2-101 is enacted to read:
929
930
931 23A-2-101. Definitions.
932 Reserved.
933 Section 10. Section 23A-2-102, which is renumbered from Section 23-14-3 is
934 renumbered and amended to read:
935 [
936 powers of Wildlife Board.
937 (1) The [
938 the wildlife resources of this state.
939 (2) (a) Upon a determination of [
940 policies best designed to accomplish the purposes and fulfill the intent of [
941 pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction,
942 and management of wildlife.
943 (b) In establishing policy, the Wildlife Board shall:
944 (i) recognize that wildlife and [
945 healthy, productive environment;
946 (ii) recognize the impact of wildlife on humans, human economic activities, private
947 property rights, and local economies;
948 (iii) seek to balance the habitat requirements of wildlife with the social and economic
949 activities of [
950 (iv) recognize the social and economic values of wildlife, including fishing, hunting,
951 and other uses; and
952 (v) seek to maintain wildlife on a sustainable basis.
953 (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
954 councils established in Section [
955 (ii) If a regional advisory council recommends a position or action to the Wildlife
956 Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a
957 written explanation to the regional advisory council recommending the opposing position.
958 (3) [
959 supersede the administrative authority of the executive director [
960
961 Section 11. Section 23A-2-201, which is renumbered from Section 23-14-1 is
962 renumbered and amended to read:
963
964 [
965 political subdivisions -- Adjudicative proceedings -- Official seal.
966 (1) (a) There is created the Division of Wildlife Resources within the Department of
967 Natural Resources under the administration and general supervision of the executive director
968 [
969 (b) The [
970 is vested with the functions, powers, duties, rights, and responsibilities provided in this title
971 and other law.
972 (2) (a) Subject to the broad policymaking authority of the Wildlife Board, the [
973
974 protected wildlife throughout the state.
975 (b) The [
976 custodian of protected wildlife and may initiate civil proceedings, in addition to criminal
977 proceedings provided for in this title, to:
978 (i) recover damages;
979 (ii) compel performance;
980 (iii) compel substitution;
981 (iv) restrain or enjoin;
982 (v) initiate any other appropriate action; and
983 (vi) seek [
984 custodian.
985 (3) (a) If a political subdivision of the state adopts [
986 ordinance or regulation concerning hunting, fishing, or trapping that [
987 this title or rules [
988 (b) [
989 confirmation by the Wildlife Board.
990 (4) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
991 Act, in the division's adjudicative proceedings.
992 (5) The division shall adopt an official seal and file an impression and a description of
993 the official seal with the Division of Archives.
994 Section 12. Section 23A-2-202, which is renumbered from Section 23-14-7 is
995 renumbered and amended to read:
996 [
997 (1) The director shall:
998 (a) be the executive and administrative head of the [
999 division; and
1000 (b) have demonstrated ability in management and administration and experience in the
1001 protection, conservation, restoration, and management of wildlife resources.
1002 (2) The director may not hold [
1003 political party or organization.
1004 Section 13. Section 23A-2-203, which is renumbered from Section 23-14-8 is
1005 renumbered and amended to read:
1006 [
1007 The director [
1008 of the executive director [
1009 (1) executive authority and control of the [
1010 that policies of the Wildlife Board are carried out in accordance with the laws of this state;
1011 (2) authority over [
1012 (3) full control of [
1013 title; and
1014 (4) authority to declare emergency closed or open seasons in the interest of the wildlife
1015 resources of the state.
1016 Section 14. Section 23A-2-204, which is renumbered from Section 23-14-10 is
1017 renumbered and amended to read:
1018 [
1019 of director and employees.
1020 [
1021 the division shall receive the compensation [
1022 within limits established for state employees by [
1023 17, Utah State Personnel Management Act. In addition to salaries provided for within this title,
1024 the director and employees of the [
1025 receive travel expenses as provided in the rules established by the Division of Finance.
1026 Section 15. Section 23A-2-205, which is renumbered from Section 23-14-12 is
1027 renumbered and amended to read:
1028 [
1029 The director [
1030 [
1031 Section 16. Section 23A-2-206, which is renumbered from Section 23-15-2 is
1032 renumbered and amended to read:
1033 [
1034 waters.
1035 [
1036 in public or private waters within this state, [
1037 [
1038 Section 17. Section 23A-2-207, which is renumbered from Section 23-13-6 is
1039 renumbered and amended to read:
1040 [
1041 (1) Subject to the other provisions of this section, the division may take wildlife of any
1042 kind from any place and in any manner for purposes considered by the director [
1043 to be in the interest of wildlife conservation.
1044 (2) The division shall deliver notice to an affected landowner or an agent of an affected
1045 landowner, either in writing or orally, before the taking of wildlife on privately owned land
1046 under this section. The division may take the wildlife immediately after or at a time reasonably
1047 required for the taking after delivering notice.
1048 (3) The notice requirements in Subsection (2) do not apply in a situation when there is
1049 a threat to public safety or exigent circumstances exist.
1050 Section 18. Section 23A-2-208, which is renumbered from Section 23-13-7 is
1051 renumbered and amended to read:
1052 [
1053 and certain federal game agents.
1054 Notwithstanding any other provision of law, [
1055
1056 fireworks and explosives to rally, drive, or otherwise disperse concentrations of wildlife as may
1057 be necessary to protect property or wildlife resources:
1058 (1) an employee of the division designated by the director; or
1059 (2) a federal game agent charged with the duty of managing wildlife resources [
1060
1061
1062 Section 19. Section 23A-2-209, which is renumbered from Section 23-14-21 is
1063 renumbered and amended to read:
1064 [
1065 species.
1066 (1) The division may transplant big game, turkeys, wolves, or sensitive species only in
1067 accordance with:
1068 (a) (i) a list of sites for the transplant of a particular species that is prepared and
1069 adopted in accordance with Subsections (2) through (5);
1070 [
1071 under Section [
1072 provided that:
1073 [
1074 the species are expected to occupy; and
1075 [
1076 the plan; [
1077 (iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.; or
1078 [
1079 potential transplants[
1080 [
1081 (2) The division shall:
1082 (a) consult with the landowner in determining the suitability of a site for the transplant
1083 of a species;
1084 (b) prepare a list of proposed sites for the transplant of species; and
1085 (c) provide notification of proposed sites for the transplant of species to:
1086 (i) local government officials having jurisdiction over areas that may be affected by a
1087 transplant; and
1088 (ii) the Resource Development Coordinating Committee created in Section
1089 63L-11-401.
1090 (3) After receiving comments from local government officials and the Resource
1091 Development Coordinating Committee, the division shall submit the list of proposed transplant
1092 sites, or a revised list, to regional advisory councils for the one or more regions that may be
1093 affected by the transplants of species.
1094 (4) [
1095 transplant of species may submit recommendations to the Wildlife Board.
1096 (5) The Wildlife Board shall approve, modify, or reject [
1097 transplant of a species.
1098 (6) [
1099 a termination date after which a transplant may not occur.
1100 Section 20. Section 23A-2-301, which is renumbered from Section 23-14-2 is
1101 renumbered and amended to read:
1102
1103 [
1104 (1) There is created a Wildlife Board [
1105 members appointed by the governor with the advice and consent of the Senate in accordance
1106 with Title 63G, Chapter 24, Part 2, Vacancies.
1107 (2) (a) In addition to the requirements of Section 79-2-203, the members of the [
1108 Wildlife Board shall have expertise or experience in at least one of the following areas:
1109 (i) wildlife management or biology;
1110 (ii) habitat management, including range or aquatic;
1111 (iii) business, including knowledge of private land issues; and
1112 (iv) economics, including knowledge of recreational wildlife uses.
1113 (b) [
1114 of expertise under Subsection (2)(a) [
1115
1116 (3) (a) The governor shall select [
1117 submitted by the nominating committee pursuant to Section [
1118 (b) No more than two members shall be from a single wildlife region described in
1119 Subsection [
1120 (c) The governor may request an additional list of at least two nominees from the
1121 nominating committee if the initial list of nominees for a given position is unacceptable.
1122 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
1123 the initial or additional list, the nominating committee shall make an interim appointment by
1124 majority vote.
1125 (ii) The interim board member shall serve until the matter is resolved by the
1126 nominating committee and the governor or until the board member is replaced pursuant to this
1127 chapter.
1128 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
1129 expire, the governor shall appoint [
1130 term.
1131 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1132 time of appointment or reappointment, adjust the length of terms to ensure that:
1133 (i) the terms of board members are staggered so that approximately one-third of the
1134 [
1135 (ii) members serving from the same region have staggered terms.
1136 (c) If a vacancy occurs, the nominating committee shall submit at least two names, as
1137 provided in Subsection [
1138 appoint a replacement for the unexpired term.
1139 (d) [
1140 member:
1141 (i) [
1142 less; or
1143 (ii) [
1144 (5) (a) The [
1145 Wildlife Board's membership.
1146 (b) Four members of the [
1147 (c) The director [
1148 [
1149 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
1150 to expeditiously conduct [
1151 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
1152 emergency situations.
1153 (c) Meetings may be held at the Salt Lake City office of the [
1154
1155 (7) A member may not receive compensation or benefits for the member's service, but
1156 may receive per diem and travel expenses in accordance with:
1157 (a) Section 63A-3-106;
1158 (b) Section 63A-3-107; and
1159 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1160 63A-3-107.
1161 (8) (a) [
1162 course to assist [
1163 office.
1164 (b) The [
1165 required under Subsection (8)(a).
1166 (9) A member shall comply with the conflict of interest provisions described in Title
1167 63G, Chapter 24, Part 3, Conflicts of Interest.
1168 Section 21. Section 23A-2-302, which is renumbered from Section 23-14-2.5 is
1169 renumbered and amended to read:
1170 [
1171 (1) There is created a Wildlife Board Nominating Committee [
1172 consists of 11 members.
1173 (2) The governor shall appoint members to the nominating committee as follows:
1174 (a) three members shall be appointed from a list of at least two nominees per position
1175 submitted by the agriculture industry;
1176 (b) three members shall be appointed from a list of at least two nominees per position
1177 submitted by sportsmen groups;
1178 (c) two members shall be appointed from a list of at least two nominees per position
1179 submitted by nonconsumptive wildlife interests;
1180 (d) one member shall be appointed from a list of at least two nominees submitted by
1181 federal land management agencies;
1182 (e) one local elected official shall be appointed from a list of at least two nominees
1183 submitted by the Utah Association of Counties; and
1184 (f) one range management specialist shall be appointed from a list of at least two
1185 nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah
1186 Chapter, The Wildlife Society.
1187 (3) [
1188 represented by at least one member [
1189 than three members.
1190 (4) The nominating committee shall nominate at least two, but not more than four,
1191 candidates for each position or vacancy [
1192 (5) (a) Except as required by Subsection (5)(b), as terms of current [
1193 committee members expire, the governor shall appoint [
1194 a four-year term.
1195 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1196 time of appointment or reappointment, adjust the length of terms to ensure that:
1197 (i) the terms of [
1198 approximately half of the [
1199 (ii) members from the same wildlife region serve staggered terms.
1200 (c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the
1201 same manner that the position was originally filled to serve the remainder of the unexpired
1202 term.
1203 (6) The nominating committee shall select a chair and vice chair from [
1204 nominating committee's membership.
1205 (7) Six members shall constitute a quorum.
1206 (8) A member of the nominating committee may not receive compensation or benefits
1207 for the member's service, but may receive per diem and travel expenses in accordance with:
1208 (a) Section 63A-3-106;
1209 (b) Section 63A-3-107; and
1210 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1211 63A-3-107.
1212 Section 22. Section 23A-2-303, which is renumbered from Section 23-14-2.6 is
1213 renumbered and amended to read:
1214 [
1215 (1) There are created five regional advisory councils [
1216 15 members each from the wildlife region whose boundaries are established for administrative
1217 purposes by the division.
1218 (2) The members shall include individuals who represent the following groups and
1219 interests:
1220 (a) agriculture;
1221 (b) sportsmen;
1222 (c) nonconsumptive wildlife;
1223 (d) locally elected public officials;
1224 (e) federal land agencies; and
1225 (f) the public at large.
1226 (3) The executive director [
1227 with the director [
1228 of nominees submitted by the respective interest group or agency.
1229 (4) The regional advisory councils shall:
1230 (a) hear broad input, including recommendations, biological data, and information
1231 regarding the effects of wildlife;
1232 (b) gather information from staff, the public, and government agencies; and
1233 (c) make recommendations to the Wildlife Board in an advisory capacity.
1234 (5) (a) Except as required by Subsection (5)(b), [
1235 term.
1236 (b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall,
1237 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
1238 of council members are staggered so that approximately half of the council is appointed every
1239 two years.
1240 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1241 appointed for the unexpired term.
1242 (7) The councils shall determine:
1243 (a) the time and place of meetings; and
1244 (b) [
1245 (8) Members of the councils shall complete an orientation course [
1246 described in Subsection [
1247 (9) A member may not receive compensation or benefits for the member's service, but
1248 may receive per diem and travel expenses in accordance with:
1249 (a) Section 63A-3-106;
1250 (b) Section 63A-3-107; and
1251 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1252 63A-3-107.
1253 Section 23. Section 23A-2-304, which is renumbered from Section 23-14-19 is
1254 renumbered and amended to read:
1255 [
1256 -- Judicial notice of proclamations.
1257 (1) The Wildlife Board shall exercise [
1258 and issuing proclamations and orders pursuant to this [
1259 (2) A court shall take judicial notice of a proclamation published under the authority of
1260 this title.
1261 Section 24. Section 23A-2-305, which is renumbered from Section 23-14-18 is
1262 renumbered and amended to read:
1263 [
1264 regulations by the Wildlife Board.
1265 (1) To provide an adequate and flexible system of protection, propagation,
1266 introduction, increase, control, harvest, management, and conservation of protected wildlife in
1267 this state and to provide for the use and development of protected wildlife for public recreation
1268 and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
1269 Board shall determine the circumstances, time, location, means, and the amounts[
1270 numbers of protected wildlife [
1271 (2) The Wildlife Board shall, except as otherwise specified in this [
1272 (a) fix seasons and shorten, extend, or close seasons on any species of protected
1273 wildlife in any locality, or in the entire state, if the [
1274 is necessary to effectuate proper wildlife management and control;
1275 (b) close or open areas to fishing, trapping, or hunting;
1276 (c) establish refuges and preserves;
1277 (d) regulate and prescribe the means by which protected wildlife may be taken;
1278 (e) regulate the transportation and storage of protected wildlife, or [
1279 parts, within the boundaries of the state and the shipment or transportation out of the state;
1280 (f) establish or change bag limits and possession limits;
1281 (g) prescribe safety measures and establish other regulations as may be considered
1282 necessary in the interest of wildlife conservation and the safety and welfare of hunters,
1283 trappers, fishermen, landowners, and the public;
1284 (h) (i) prescribe when [
1285 license, permit, tag, or certificate of registration is required and procedures for their issuance
1286 and use; and
1287 (ii) establish forms and fees for [
1288 a license, permit, tag, or certificate of registration; and
1289 (i) [
1290 Chapter 3, Utah Administrative Rulemaking Act, as the Wildlife Board may consider necessary
1291 to control the use and harvest of protected wildlife by private associations, clubs, partnerships,
1292 or corporations, provided the rules [
1293 personally controlling trespass upon the owner's properties nor from charging a fee to trespass
1294 for purposes of hunting or fishing.
1295 (3) The Wildlife Board may allow a season on protected wildlife to commence on any
1296 day of the week except Sunday.
1297 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
1298 of registration in accordance with Section 63J-1-504.
1299 (5) The Wildlife Board may not issue a license, permit, tag, or certificate of registration
1300 as a reward for an individual's assistance with a prosecution for violation of Section 76-6-111.
1301 Section 25. Section 23A-2-401, which is renumbered from Section 23-22-1 is
1302 renumbered and amended to read:
1303
1304 [
1305 (1) The [
1306 agreements and programs with other state agencies, federal agencies, states, educational
1307 institutions, municipalities, counties, corporations, organized clubs, landowners, associations,
1308 and individuals for purposes of wildlife conservation.
1309 (2) Cooperative agreements that are policy in nature shall be:
1310 (a) approved by the executive director [
1311 (b) reviewed by the Wildlife Board.
1312 Section 26. Section 23A-2-402, which is renumbered from Section 23-22-2 is
1313 renumbered and amended to read:
1314 [
1315 (1) The state assents to [
1316 669 et seq., [
1317 seq.[
1318 (2) The division shall conduct and establish cooperative fish and wildlife restoration
1319 projects as provided by the acts specified in Subsection (1) and rules [
1320 under those acts.
1321 (3) The following revenues received by the state may not be used for any purpose other
1322 than the administration of the division:
1323 (a) revenue from the sale of [
1324 registration that conveys to a person the privilege to take wildlife for sport or recreation, less
1325 reasonable vendor fees;
1326 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1327 property acquired with revenue specified in Subsection (3)(a);
1328 (c) interest, dividends, or other income earned on revenue specified in Subsection
1329 (3)(a) or (b); and
1330 (d) federal aid project reimbursements to the extent that revenue specified in
1331 Subsection (3)(a) or (b) originally funded the project for which the reimbursement is being
1332 made.
1333 Section 27. Section 23A-2-403, which is renumbered from Section 23-22-3 is
1334 renumbered and amended to read:
1335 [
1336 (1) The Wildlife Board [
1337 other states to:
1338 (a) license and regulate fishing, hunting, and related activities; and
1339 (b) promote and implement wildlife management programs.
1340 (2) Reciprocal agreements shall be approved by the executive director [
1341
1342 Section 28. Section 23A-2-501, which is renumbered from Section 23-25-2 is
1343 renumbered and amended to read:
1344
1345 [
1346 (1) The participating states find that:
1347 (a) Wildlife resources are managed in trust by the respective states for the benefit of all
1348 residents and visitors.
1349 (b) The protection of the wildlife resources of a state is materially affected by the
1350 degree of compliance with state statutes, laws, regulations, ordinances, and administrative rules
1351 relating to the management of the resources.
1352 (c) The preservation, protection, management, and restoration of wildlife contributes
1353 immeasurably to the aesthetic, recreational, and economic aspects of the natural resources.
1354 (d) Wildlife resources are valuable without regard to political boundaries; therefore,
1355 every person should be required to comply with wildlife preservation, protection, management,
1356 and restoration laws, ordinances, and administrative rules and regulations of the participating
1357 states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap,
1358 or possess wildlife.
1359 (e) Violation of wildlife laws interferes with the management of wildlife resources and
1360 may endanger the safety of persons and property.
1361 (f) The mobility of many wildlife law violators necessitates the maintenance of
1362 channels of communication among the various states.
1363 (g) Usually, a person who is cited for a wildlife violation in a state other than his home
1364 state:
1365 (i) is required to post collateral or bond to secure appearance for a trial at a later date;
1366 or
1367 (ii) is taken directly into custody until collateral or bond is posted; or
1368 (iii) is taken directly to court for an immediate appearance.
1369 (h) The purpose of the enforcement practices set forth in Subsection (1)(g) is to ensure
1370 compliance with the terms of a wildlife citation by the cited person who, if permitted to
1371 continue on his way after receiving the citation, could return to his home state and disregard his
1372 duty under the terms of the citation.
1373 (i) In most instances, a person receiving a wildlife citation in his home state is
1374 permitted to accept the citation from the officer at the scene of the violation and immediately
1375 continue on his way after agreeing or being instructed to comply with the terms of the citation.
1376 (j) The practices described in Subsection (1)(g) cause unnecessary inconvenience and,
1377 at times, a hardship for the person who is unable at the time to post collateral, furnish a bond,
1378 stand trial, or pay a fine, and is compelled to remain in custody until some alternative
1379 arrangement is made.
1380 (k) The enforcement practices described in Subsection (1)(g) consume an undue
1381 amount of enforcement time.
1382 (2) It is the policy of the participating states to:
1383 (a) promote compliance with the statutes, laws, ordinances, regulations, and
1384 administrative rules relating to the management of wildlife resources in their respective states;
1385 (b) recognize the suspension of wildlife license privileges of a person whose license
1386 privileges have been suspended by a participating state and treat the suspension as if it had
1387 occurred in their state;
1388 (c) allow a violator, except as provided in Subsection [
1389 accept a wildlife citation and, without delay, proceed on his way, whether or not the violator is
1390 a resident of the state in which the citation was issued, provided that the violator's home state is
1391 a party to this compact;
1392 (d) report to the appropriate participating state, as provided in the compact manual, a
1393 conviction recorded against a person whose home state was not the issuing state;
1394 (e) allow the home state to recognize and treat convictions recorded against its
1395 residents, which convictions occurred in a participating state, as though they had occurred in
1396 the home state;
1397 (f) extend cooperation to its fullest extent among the participating states for enforcing
1398 compliance with the terms of a wildlife citation issued in one participating state to a resident of
1399 another state;
1400 (g) maximize effective use of law enforcement personnel and information; and
1401 (h) assist court systems in the efficient disposition of wildlife violations.
1402 Section 29. Section 23A-2-502, which is renumbered from Section 23-25-3 is
1403 renumbered and amended to read:
1404 [
1405 As used in this compact:
1406 (1) "Citation" means a summons, complaint, summons and complaint, ticket, penalty
1407 assessment, or other official document issued to a person by a wildlife officer or other peace
1408 officer for a wildlife violation which contains an order requiring the person to respond.
1409 (2) "Collateral" means cash or other security deposited to secure an appearance for trial
1410 in connection with the issuance by a wildlife officer or other peace officer of a citation for a
1411 wildlife violation.
1412 (3) "Compliance" with respect to a citation means the act of answering a citation
1413 through an appearance in a court or tribunal, or through the payment of fines, costs, and
1414 surcharges.
1415 (4) "Conviction" means a conviction, including any court conviction, for an offense
1416 related to the preservation, protection, management, or restoration of wildlife which is
1417 prohibited by state statute, law, regulation, ordinance, or administrative rule. This conviction
1418 shall also include the forfeiture of any bail, bond, or other security deposited to secure
1419 appearance by a person charged with having committed the offense, the payment of a penalty
1420 assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence
1421 by the court.
1422 (5) "Court" means a court of law, including magistrate's court and the justice of the
1423 peace court.
1424 (6) "Home state" means the state of primary residence of a person.
1425 (7) "Issuing state" means the participating state which issues a wildlife citation to the
1426 violator.
1427 (8) "License" means a license, permit, or other public document which conveys to the
1428 person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife
1429 regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
1430 (9) "Licensing authority" means the department or division within each participating
1431 state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or
1432 possess wildlife.
1433 (10) "Participating state" means any state which enacts legislation to become a member
1434 of this wildlife compact.
1435 (11) "Personal recognizance" means an agreement by a person made at the time of
1436 issuance of the wildlife citation that the person will comply with the terms of the citation.
1437 (12) "State" means a state, territory, or possession of the United States, the District of
1438 Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and the other
1439 countries.
1440 (13) "Suspension" means a revocation, denial, or withdrawal of any or all license
1441 privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by
1442 any license.
1443 (14) "Wildlife" means species of animals including, but not limited to, mammals,
1444 birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and
1445 are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative
1446 rule in a participating state. Species included in the definition of "wildlife" vary from state to
1447 state and determination of whether a species is "wildlife" for the purpose of this compact shall
1448 be based on local law.
1449 (15) "Wildlife law" means any statute, law, regulation, ordinance, or administrative
1450 rule developed and enacted for the management and use of wildlife resources.
1451 (16) "Wildlife officer" means an individual authorized by a participating state to issue a
1452 citation for a wildlife violation.
1453 (17) "Wildlife violation" means a cited violation of a statute, law, regulation,
1454 ordinance, or administrative rule developed and enacted for the management and use of
1455 wildlife resources.
1456 Section 30. Section 23A-2-503, which is renumbered from Section 23-25-4 is
1457 renumbered and amended to read:
1458 [
1459 (1) When issuing a citation for a wildlife violation, a wildlife officer shall issue a
1460 citation to a person whose primary residence is in a participating state in the same manner as
1461 though the person were a resident of the issuing state and shall not require the person to post
1462 collateral to secure appearance, subject to the exceptions under Subsection (2), if the officer
1463 receives the recognizance of the person that he will comply with the terms of the citation.
1464 (2) Personal recognizance is acceptable:
1465 (a) if not prohibited by local law or the compact manual; and
1466 (b) if the violator provides adequate proof of identification to the wildlife officer.
1467 (3) (a) Upon conviction or failure of a person to comply with the terms of a wildlife
1468 citation, the appropriate official shall report the conviction or failure to comply to the licensing
1469 authority of the participating state in which the wildlife citation was issued.
1470 (b) The report shall be made in accordance with procedures specified by the issuing
1471 state and shall contain information as specified in the compact manual as minimum
1472 requirements for effective processing by the home state.
1473 (4) Upon receipt of the report of a conviction or noncompliance pursuant to Subsection
1474 (3)(b), the licensing authority of the issuing state shall transmit to the licensing authority of the
1475 home state of the violator the information in the form and with the content as prescribed in the
1476 compact manual.
1477 Section 31. Section 23A-2-504, which is renumbered from Section 23-25-5 is
1478 renumbered and amended to read:
1479 [
1480 (1) (a) Upon receipt of a report from the licensing authority of the issuing state
1481 reporting the failure of a violator to comply with the term of a citation, the licensing authority
1482 of the home state shall:
1483 (i) notify the violator;
1484 (ii) initiate a suspension action in accordance with the home state's suspension
1485 procedures; and
1486 (iii) suspend the violator's license privileges until satisfactory evidence of compliance
1487 with the terms of the wildlife citation has been furnished by the issuing state to the home state
1488 licensing authority.
1489 (b) Due process safeguards will be accorded.
1490 (2) Upon receipt of a report of conviction from the licensing authority of the issuing
1491 state, the licensing authority of the home state shall enter the conviction as though it occurred
1492 in the home state for the purposes of the suspension of license privileges.
1493 (3) The licensing authority of the home state shall:
1494 (a) maintain a record of actions taken; and
1495 (b) make reports to issuing states as provided in the compact manual.
1496 Section 32. Section 23A-2-505, which is renumbered from Section 23-25-6 is
1497 renumbered and amended to read:
1498 [
1499 (1) All participating states shall recognize the suspension of license privileges of a
1500 person by the participating state as though the violation resulting in the suspension:
1501 (a) had occurred in their state; and
1502 (b) could have been the basis of the suspension of license privileges in their state.
1503 (2) Each participating state shall communicate suspension information to other
1504 participating states in the form and with the content as contained in the compact manual.
1505 Section 33. Section 23A-2-506, which is renumbered from Section 23-25-7 is
1506 renumbered and amended to read:
1507 [
1508 Except as expressly required by provisions of this compact, nothing herein shall be
1509 construed to affect the right of any participating state to apply any of its laws relating to license
1510 privileges to a person or circumstance or to invalidate or prevent any agreement or other
1511 cooperative arrangement between a participating state and a nonparticipating state concerning
1512 wildlife law enforcement.
1513 Section 34. Section 23A-2-507, which is renumbered from Section 23-25-8 is
1514 renumbered and amended to read:
1515 [
1516 (1) (a) A Board of Compact Administrators is established to:
1517 (i) administer the provisions of this compact; and
1518 (ii) serve as a governing body for the resolution of all matters relating to the operation
1519 of this compact.
1520 (b) The board shall be composed of one representative from each of the participating
1521 states to be known as the compact administrator.
1522 (c) The compact administrator shall be appointed by the head of the licensing authority
1523 of each participating state and shall serve and be subject to removal in accordance with the
1524 laws of the state he represents.
1525 (d) A compact administrator may provide for the discharge of his duties and the
1526 performance of his function as a board member by an alternate.
1527 (e) An alternate shall not be entitled to serve unless written notification of his identity
1528 has been given to the board.
1529 (2) (a) Each member of the board of compact administrators shall be entitled to one
1530 vote.
1531 (b) An action of the board shall not be binding unless taken at a meeting at which a
1532 majority of the total number of the board's votes are cast in favor thereof.
1533 (c) Action by the board shall be only at a meeting at which a majority of the
1534 participating states are represented.
1535 (3) The board shall elect annually from its membership a chairman and vice-chairman.
1536 (4) The board shall adopt bylaws not inconsistent with the provisions of this compact
1537 or the laws of a participating state for the conduct of its business and shall have the power to
1538 amend and rescind its bylaws.
1539 (5) The board may accept for any of its purposes and functions under this compact any
1540 and all donations and grants of money, equipment, supplies, materials, and services,
1541 conditional or otherwise, from any state, the United States, or any governmental agency, and
1542 may receive, utilize, and dispose of the donations and grants.
1543 (6) The board may contract with, or accept services or personnel from, any
1544 governmental or intergovernmental agency, individual, firm, or corporation, or any private
1545 nonprofit organization or institution.
1546 (7) The board shall formulate all necessary procedures and develop uniform forms and
1547 documents for administering the provisions of this compact. All procedures and forms adopted
1548 to board action shall be contained in a compact manual.
1549 Section 35. Section 23A-2-508, which is renumbered from Section 23-25-9 is
1550 renumbered and amended to read:
1551 [
1552 (1) This compact shall become effective at the time it is adopted in substantially
1553 similar form by two or more states.
1554 (2) (a) Entry into the compact shall be made by resolution of ratification by the
1555 authorized officials of the applying state and submitted to the chairman of the board.
1556 (b) The resolution shall substantially be in the form and content as provided in the
1557 compact manual and shall include the following:
1558 (i) a citation of the authority from which the state is empowered to become a party to
1559 this compact;
1560 (ii) an agreement of compliance with the terms and provisions of this compact; and
1561 (iii) an agreement that compact entry is with all states participating in the compact and
1562 with all additional states legally becoming a party to the compact.
1563 (c) The effective date of entry shall be specified by the applying state but shall not be
1564 less than 60 days after notice has been given:
1565 (i) by the chairman of the board of the compact administrators; or
1566 (ii) by the secretary of the board to each participating state that the resolution from the
1567 applying state has been received.
1568 (3) A participating state may withdraw from participation in this compact by official
1569 written notice to each participating state, but withdrawal shall not become effective until 90
1570 days after the notice of withdrawal is given. No withdrawal of any state shall affect the validity
1571 of this compact as to the remaining participating states.
1572 Section 36. Section 23A-2-509, which is renumbered from Section 23-25-10 is
1573 renumbered and amended to read:
1574 [
1575 (1) This compact may be amended from time to time. Amendments shall be presented
1576 in resolution form to the chairman of the Board of Compact Administrators and shall be
1577 initiated by one or more participating states.
1578 (2) Adoption of an amendment shall require endorsement by all participating states and
1579 shall become effective 30 days after the date of the last endorsement.
1580 (3) Failure of a participating state to respond to the compact chairman within 120 days
1581 after receipt of a proposed amendment shall constitute endorsement thereof.
1582 Section 37. Section 23A-2-510, which is renumbered from Section 23-25-11 is
1583 renumbered and amended to read:
1584 [
1585 (1) This compact shall be liberally construed so as to effectuate the purposes stated
1586 herein.
1587 (2) The provisions of this compact shall be severable and if a phrase, clause, sentence,
1588 or provision of this compact is declared to be contrary to the constitution of a participating state
1589 or of the United States, or the applicability thereof to a government, agency, individual, or
1590 circumstance is held invalid, the validity of the remainder of this compact shall not be affected
1591 thereby.
1592 (3) If this compact is held contrary to the constitution of a participating state, the
1593 compact shall remain in full force and effect as to the remaining states and in full force and
1594 effect as to the participating state affected regarding all severable matters.
1595 Section 38. Section 23A-2-511, which is renumbered from Section 23-25-13 is
1596 renumbered and amended to read:
1597 [
1598 (1) The Division of Wildlife Resources is designated as the licensing authority in this
1599 state for the purpose of the compact.
1600 (2) The director of the Division of Wildlife Resources shall furnish to the appropriate
1601 authorities of the participating states any information or documents reasonably necessary to
1602 facilitate the administration of the compact.
1603 (3) The compact administrator provided for in Section [
1604 Violator Compact," shall not be entitled to any additional compensation for his service as the
1605 administrator but shall be entitled to expenses incurred in connection with his duties and
1606 responsibilities as administrator in the same manner as for expenses incurred in connection
1607 with any other duties or responsibilities of his office or employment.
1608 Section 39. Section 23A-3-101 is enacted to read:
1609
1610
1611 23A-3-101. Definitions.
1612 Reserved.
1613 Section 40. Section 23A-3-201, which is renumbered from Section 23-14-13 is
1614 renumbered and amended to read:
1615
1616 [
1617 balances converted to General Fund account.
1618 (1) There is created a restricted account within the General Fund known as the
1619 "Wildlife Resources Account."
1620 (2) The following money shall be deposited into the Wildlife Resources Account:
1621 (a) revenue from the sale of licenses, permits, tags, and certificates of registration
1622 issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
1623 provided by this title;
1624 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1625 property acquired with revenue specified in Subsection (2)(a);
1626 (c) revenue from fines and forfeitures for violations of this title or [
1627 proclamation, or order of the Wildlife Board, minus court costs not to exceed the schedule
1628 adopted by the Judicial Council;
1629 (d) [
1630 Section [
1631 (e) other money received by the division under [
1632 otherwise provided by this title; and
1633 (f) interest, dividends, or other income earned on account money.
1634 (3) Money in the Wildlife Resources Account shall be used for the administration of
1635 this title.
1636 (4) The state auditor and director of the Division of Finance shall, at the close of the
1637 fiscal year, convert into the Wildlife Resources Account the unexpended balances of the
1638 Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife
1639 Board for capital outlay projects or other programs that may extend beyond the close of the
1640 fiscal year.
1641 Section 41. Section 23A-3-202, which is renumbered from Section 23-14-14 is
1642 renumbered and amended to read:
1643 [
1644 The [
1645 gifts of money, property, water rights or other endowments that [
1646 resources of the state. [
1647 a special account to be used for specific use as indicated by the grantor.
1648 Section 42. Section 23A-3-203, which is renumbered from Section 23-14-13.5 is
1649 renumbered and amended to read:
1650 [
1651 Restricted Account.
1652 (1) There is created in the General Fund a restricted account known as the "Support for
1653 State-Owned Shooting Ranges Restricted Account."
1654 (2) The account shall be funded by:
1655 (a) contributions deposited into the [
1656 Ranges Restricted Account in accordance with Section 41-1a-422;
1657 (b) private contributions; and
1658 (c) donations or grants from public or private entities.
1659 (3) Upon appropriation by the Legislature, the division shall distribute [
1660 in the [
1661 construction of new firearm shooting ranges, and operation and maintenance of existing ranges,
1662 that are:
1663 (a) built on land owned or leased by the state;
1664 (b) owned by the division; and
1665 (c) operated by the division or the division's contractors.
1666 (4) The division shall only expend the [
1667 Ranges Restricted Account to:
1668 (a) construct, operate, and maintain firearm shooting ranges described in Subsection
1669 (3); and
1670 (b) pay the costs of issuing or reordering Support the 2nd Amendment and
1671 State-Owned Shooting Ranges support special group license plate decals.
1672 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
1673 nonlapsing.
1674 Section 43. Section 23A-3-204, which is renumbered from Section 23-14-14.2 is
1675 renumbered and amended to read:
1676 [
1677 Restricted Account.
1678 (1) There is created within the General Fund a restricted account known as the
1679 "Wildlife Resources Conservation Easement Account."
1680 (2) The Wildlife Resources Conservation Easement Account consists of:
1681 (a) grants from private foundations;
1682 (b) grants from local governments, the state, or the federal government;
1683 (c) grants from the Land Conservation Board created under Section 4-46-201;
1684 (d) donations from landowners for monitoring and managing conservation easements;
1685 (e) donations from any other person; and
1686 (f) interest on account money.
1687 (3) Upon appropriation by the Legislature, the [
1688 division shall use money from the [
1689 Account to monitor and manage conservation easements held by the division.
1690 (4) The division may not receive or expend donations from the [
1691 Resources Conservation Easement Account to acquire conservation easements.
1692 Section 44. Section 23A-3-205, which is renumbered from Section 23-13-20 is
1693 renumbered and amended to read:
1694 [
1695 (1) As used in this section:
1696 (a) "Fund" means the Wildlife Conservation Fund created by this section.
1697 (b) "Wildlife conservation permit program" means a program under which the division
1698 issues permit opportunities to be sold by a conservation organization for auction to the highest
1699 bidder at a fund-raising event.
1700 (c) "Wildlife exposition program" means a program under which the division allocates
1701 permits to a drawing administered by a selected conservation organization as part of a regional
1702 or national exposition for the purpose of generating revenue to fund wildlife conservation
1703 activities in Utah.
1704 (2) There is created an expendable special revenue fund known as the "Wildlife
1705 Conservation Fund."
1706 (3) The fund consists of:
1707 (a) wildlife conservation permit program revenue transferred to the division pursuant to
1708 rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
1709 Administrative Rulemaking Act;
1710 (b) wildlife exposition program revenue transferred to the division pursuant to rules,
1711 made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative
1712 Rulemaking Act;
1713 (c) money appropriated to the fund by the Legislature;
1714 (d) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted
1715 by the division and specifically directed to the fund; and
1716 (e) interest and earnings on the fund.
1717 (4) (a) The fund shall earn interest and other earnings.
1718 (b) The interest and earnings described in Subsection (4)(a) shall be deposited into the
1719 fund.
1720 (5) (a) The division shall use proceeds in the fund to carry out the purposes of the
1721 wildlife conservation permit program or wildlife exposition program.
1722 (b) Deposits into and expenditures from the fund shall specifically identify the wildlife
1723 conservation permit program or wildlife exposition program to which the deposits and
1724 expenditures apply.
1725 (c) The division shall make expenditures from the fund consistent with the rules
1726 governing the applicable program.
1727 (6) The division shall annually report to the Natural Resources, Agriculture, and
1728 Environmental Quality Appropriations Subcommittee regarding:
1729 (a) the amount of money in the fund [
1730 (b) the sources of money [
1731 (c) how the money is expended.
1732 Section 45. Section 23A-3-206, which is renumbered from Section 23-14-14.3 is
1733 renumbered and amended to read:
1734 [
1735 -- Wild Game Meat Donation Fund.
1736 (1) As used in this section:
1737 [
1738 [
1739 [
1740 Section 4-34-102.
1741 [
1742 (2) There is created an expendable special revenue fund known as the "Wild Game
1743 Meat Donation Fund."
1744 (3) The fund consists of:
1745 (a) donations made to the division for the purpose of addressing the processing of wild
1746 game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1747 organization to feed individuals in need;
1748 (b) appropriations from the Legislature; and
1749 (c) interest and earnings on the fund.
1750 (4) The state treasurer shall invest the money in the fund according to Title 51, Chapter
1751 7, State Money Management Act, except that the state treasurer shall deposit in the fund
1752 interest or other earnings derived from those investments [
1753 (5) The division may use money in the fund only to address the processing of wild
1754 game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1755 organization to feed individuals in need.
1756 (6) The division shall coordinate with the Department of Agriculture and Food to
1757 implement this section.
1758 Section 46. Section 23A-3-207, which is renumbered from Section 23-19-43 is
1759 renumbered and amended to read:
1760 [
1761 (1) There is created a restricted account within the General Fund known as the
1762 "Wildlife Habitat Account."
1763 (2) The contents of the [
1764 (a) revenue from the sale of licenses, permits, [
1765
1766 (b) money donated to the division for a purpose specified in Subsection (6); and
1767 (c) interest and earnings on account money.
1768 (3) [
1769 [
1770 the account pursuant to Section [
1771 appropriation by the Legislature, as provided in Subsections (4) through (6).
1772 (4) (a) [
1773 annual deposits to the [
1774
1775 to waterfowl.
1776 (b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the
1777 Legislature for use by a nonprofit conservation organization for wetland development projects
1778 within the state that benefit waterfowl.
1779 (5) (a) [
1780 annual deposits to the [
1781
1782 (i) the control of predators;
1783 (ii) the development, improvement, restoration, or maintenance of critical habitat
1784 through the establishment of landowner incentives, cooperative programs, or other means;
1785 (iii) the acquisition or preservation of critical habitat;
1786 (iv) landowner habitat education and assistance programs;
1787 (v) public access to private lands; and
1788 (vi) upland game transplant and reintroduction programs.
1789 [
1790
1791
1792 [
1793 development, improvement, restoration, or maintenance of habitat within commercial hunting
1794 areas.
1795 [
1796 landowner habitat education programs.
1797 [
1798 programs and activities relating to upland game species based generally upon the proportion of
1799 average annual hunter participation for each species.
1800 [
1801 funding from money allocated to upland game.
1802 [
1803 funding from money allocated to upland game.
1804 (6) The division shall use remaining money in the [
1805 Habitat Account for the following purposes:
1806 (a) the enhancement, acquisition, preservation, protection, and management of aquatic
1807 and terrestrial wildlife habitat; and
1808 (b) to improve access for fishing and hunting.
1809 (7) The division shall seek the advice and recommendations of the Habitat Council,
1810 created by the division, regarding the expenditure of account money.
1811 (8) Donations of money deposited into the [
1812 interest earned on that money shall be expended:
1813 (a) as directed by the donor; and
1814 (b) without being appropriated by the Legislature.
1815 Section 47. Section 23A-3-208, which is renumbered from Section 23-19-47 is
1816 renumbered and amended to read:
1817 [
1818 of registration fees deposited into Wildlife Habitat Account.
1819 (1) Fifty cents of the fee charged for [
1820 one-day fishing license shall be deposited in the Wildlife Habitat Account created in Section
1821 [
1822 [
1823 [
1824 (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
1825 permits shall be deposited in the Wildlife Habitat Account created in Section [
1826 23A-3-207:
1827 (a) a fishing license, except any one-day fishing license;
1828 (b) a hunting license;
1829 (c) a combination license;
1830 (d) a furbearer license; or
1831 (e) a fishing permit[
1832 (3) Four dollars and seventy-five cents of the fee charged for any of the following
1833 certificates of registration[
1834 deposited in the Wildlife Habitat Account created in Section [
1835 (a) a certificate of registration for the dedicated hunter program, except a certificate of
1836 registration issued to a lifetime licensee;
1837 (b) a big game permit;
1838 (c) a bear permit;
1839 (d) a cougar permit;
1840 (e) a turkey permit; or
1841 (f) a muskrat permit[
1842 [
1843 Section 48. Section 23A-3-209, which is renumbered from Section 23-19-48 is
1844 renumbered and amended to read:
1845 [
1846 (1) There is created a restricted account within the General Fund known as the
1847 "Predator Control Restricted Account."
1848 (2) The [
1849 (a) deposits made to the [
1850 fees established on hunting permits in accordance with Section [
1851 (b) [
1852 Control Restricted Account from donations or appropriations.
1853 (3) [
1854 money from the Predator Control Restricted Account to fund a predator control program to
1855 control populations of predatory animals that endanger the health of nonpredatory wildlife
1856 populations in the state, consistent with the policies of the Wildlife Board.
1857 Section 49. Section 23A-3-210, which is renumbered from Section 23-15-14 is
1858 renumbered and amended to read:
1859 [
1860 (1) There is created a restricted account within the General Fund known as the "State
1861 Fish Hatchery Maintenance Account."
1862 (2) The following money shall be deposited into the [
1863 Maintenance Account:
1864 (a) $2.00 of [
1865 (b) interest and earnings on account money.
1866 (3) [
1867 Legislature, shall use money in the State Fish Hatchery Maintenance Account for major repairs
1868 or replacement of facilities and equipment at fish hatcheries owned and operated by the
1869 division for the production and distribution of fish to enhance sport fishing opportunities in the
1870 state.
1871 Section 50. Section 23A-3-211, which is renumbered from Section 23-27-305 is
1872 renumbered and amended to read:
1873 [
1874 (1) There is created within the General Fund a restricted account known as the
1875 "Aquatic Invasive Species Interdiction Account."
1876 (2) The [
1877 of:
1878 (a) nonresident aquatic invasive species fees collected under Section [
1879 23A-10-304;
1880 (b) resident aquatic invasive species fees collected under Section 73-18-26; and
1881 (c) [
1882 Invasive Species Interdiction Account from donations, appropriations, contractual agreements,
1883 and accrued interest.
1884 (3) Upon appropriation, the division shall use the fees collected under [
1885
1886 Account to fund aquatic invasive species prevention and containment efforts.
1887 Section 51. Section 23A-3-212, which is renumbered from Section 23-30-103 is
1888 renumbered and amended to read:
1889 [
1890 (1) There is created a restricted account within the General Fund known as the "Mule
1891 Deer Protection Restricted Account."
1892 (a) The [
1893 (i) appropriations made by the Legislature; and
1894 (ii) grants or donations from:
1895 (A) the federal government;
1896 (B) a state agency;
1897 (C) a local government; or
1898 (D) a person.
1899 (b) The division shall administer the [
1900 Restricted Account.
1901 (2) Subject to appropriation, the division may expend money in the [
1902 Mule Deer Protection Restricted Account on:
1903 (a) a program established by rule under Subsection [
1904 (b) a contract for targeted predator control described in Subsection [
1905 23A-11-402(3)(a);
1906 (c) predator control education and training related to mule deer protection described in
1907 Subsection [
1908 (d) administration costs incurred to carry out [
1909 11, Part 4, Mule Deer Protection.
1910 Section 52. Section 23A-3-213, which is renumbered from Section 23-19-17.7 is
1911 renumbered and amended to read:
1912 [
1913 (1) There is created within the General Fund a restricted account to be known as the
1914 "Wildlife Resources Trust Account[
1915 shall be deposited in that account.
1916 (2) [
1917 Trust Account shall, on July 1 of each year, be deposited in the Wildlife Resources Account
1918 created in Section [
1919 (3) Money in the Wildlife Resources Trust Account is subject to the restriction in
1920 Section [
1921 fees shall be diverted for any other purpose than the enhancement of wildlife by the [
1922
1923 Section 53. Section 23A-3-301, which is renumbered from Section 23-31-102 is
1924 renumbered and amended to read:
1925
1926 [
1927 As used in this [
1928 (1) "Board" means the Utah Natural Resources Legacy Fund Board created in Section
1929 [
1930 [
1931 [
1932 Section [
1933 Section 54. Section 23A-3-302, which is renumbered from Section 23-31-103 is
1934 renumbered and amended to read:
1935 [
1936 This [
1937 (1) the primacy of a mineral estate;
1938 (2) limiting access to a mineral estate; or
1939 (3) limiting development of a mineral estate.
1940 Section 55. Section 23A-3-303, which is renumbered from Section 23-31-104 is
1941 renumbered and amended to read:
1942 [
1943 The division shall annually report to the governor and the Natural Resources,
1944 Agriculture, and Environment Interim Committee on or before September 1 with respect to:
1945 (1) federal grants, state appropriations, and other contributions, grants, gifts, transfers,
1946 bequests, and donations received and credited to the legacy fund during the preceding fiscal
1947 year; and
1948 (2) expenditures from the legacy fund under Section [
1949 Section 56. Section 23A-3-304, which is renumbered from Section 23-31-201 is
1950 renumbered and amended to read:
1951 [
1952 (1) There is created an expendable special revenue fund known as the "Utah Natural
1953 Resources Legacy Fund."
1954 (2) The legacy fund consists of:
1955 (a) appropriations to the legacy fund by the Legislature;
1956 (b) federal grants accepted by the department or a division of the department and
1957 specifically directed to the legacy fund; and
1958 (c) contributions, grants, gifts, transfers, bequests, and donations to the legacy fund
1959 accepted by the department and specifically directed to the legacy fund.
1960 (3) (a) The [
1961 (b) The interest described in Subsection (3)(a) shall be deposited into the [
1962 legacy fund.
1963 Section 57. Section 23A-3-305, which is renumbered from Section 23-31-202 is
1964 renumbered and amended to read:
1965 [
1966 (1) Subject to Subsection (12), there is created within the department the Utah Natural
1967 Resources Legacy Fund Board that consists of eight members as follows:
1968 (a) the following voting members:
1969 (i) two members representing the agriculture industry, appointed by the commissioner
1970 of the Department of Agriculture and Food;
1971 (ii) one member representing a non-government entity that has as a primary purpose
1972 conserving non-game wildlife and habitat, appointed by the director [
1973
1974 (iii) one member representing hunting, fishing, and trapping interests in Utah,
1975 appointed by the director [
1976 (iv) one member representing mineral extraction and development interests, appointed
1977 by the director of the Division of Oil, Gas, and Mining;
1978 (v) one member representing water development and distribution interests, appointed
1979 by the executive director [
1980 (vi) one at-large member, appointed by the executive director [
1981 (b) the director [
1982 (2) A voting member of the board shall be appointed for a three-year term.
1983 (3) Notwithstanding Subsection (2), terms of board members are staggered as follows
1984 so that approximately one-third of the board is appointed every year:
1985 (a) the initial individuals appointed under Subsections (1)(a)(i) and (ii) shall be
1986 appointed for three-year terms;
1987 (b) the initial individuals appointed under Subsections (1)(a)(iii) and (iv) shall be
1988 appointed for two-year terms; and
1989 (c) the initial individuals appointed under Subsections (1)(a)(v) and (vi) shall be
1990 appointed for one-year terms.
1991 (4) An individual may be appointed to more than one term.
1992 (5) When a vacancy occurs in the membership for any reason, an individual shall be
1993 appointed in accordance with Subsection (1) to replace the member for the unexpired term.
1994 (6) The board shall elect one member to serve as chair of the board.
1995 (7) The board shall meet regularly as called by the chair.
1996 (8) Four voting members constitute a quorum.
1997 (9) An action by the majority of voting members present when a quorum is present is
1998 an action of the board.
1999 (10) A member may not receive compensation or benefits for the member's service, but
2000 may receive per diem and travel expenses in accordance with:
2001 (a) Section 63A-3-106;
2002 (b) Section 63A-3-107; and
2003 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2004 63A-3-107.
2005 (11) The division shall staff the board.
2006 (12) The board is not created and may not begin operation until the legacy fund
2007 described in Section [
2008 Section 58. Section 23A-3-306, which is renumbered from Section 23-31-203 is
2009 renumbered and amended to read:
2010 [
2011 (1) Each year, when the board creates a budget, the board shall allocate:
2012 (a) 40% of the budget:
2013 (i) for staff and expenses to administer the legacy fund under this [
2014 (ii) to conduct research, monitoring, and management actions that benefit non-game
2015 species; or
2016 (iii) to otherwise reduce the likelihood of future species listings under the Endangered
2017 Species Act, 16 U.S.C. Sec. 1531 et seq.; and
2018 (b) 60% of the budget to fund the following projects that provide the following
2019 landscape level conservation benefits:
2020 (i) preserving open spaces, wildlife habitat, and critical agricultural lands;
2021 (ii) providing perpetual access for hunting, fishing, or trapping;
2022 (iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment,
2023 and the multiple use of renewable natural resources attributable to residential, mineral, and
2024 industrial development; or
2025 (iv) preserving a viable agricultural industry.
2026 (2) (a) The board shall make recommendations to the division regarding expenditures
2027 from the legacy fund for the purposes described in Subsection (1)(b).
2028 (b) The division shall consider the board's recommendations in approving an
2029 expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's
2030 recommendation, the director [
2031 explanation of the reason for the rejection.
2032 (3) In performing the actions described in Subsection (1)(b), the division shall comply
2033 with [
2034 (4) This section does not give the division the power of eminent domain.
2035 (5) The division may not use assets from the legacy fund for litigation.
2036 (6) Money in the legacy fund may not be used to develop or implement a habitat
2037 conservation plan required under federal law unless the federal government pays for at least
2038 one-third of the habitat conservation plan costs.
2039 Section 59. Section 23A-4-101 is enacted to read:
2040
2041
2042
2043 23A-4-101. Definitions.
2044 Reserved.
2045 Section 60. Section 23A-4-201, which is renumbered from Section 23-19-1 is
2046 renumbered and amended to read:
2047
2048 [
2049 permits, and tags required -- Nonassignability -- Exceptions -- Nature of licenses, permits,
2050 or tags issued by the division.
2051 (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
2052 protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
2053 (a) procures the necessary licenses, certificates of registration, permits, or tags required
2054 under this title, by rule made by the Wildlife Board under this title, or by an order or
2055 proclamation [
2056 and
2057 (b) carries in the person's possession while engaging in the activities described in
2058 Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
2059 rule made by the Wildlife Board under this title, or by an order or proclamation [
2060
2061 (2) Except as provided in Subsection (3) a person may not:
2062 (a) lend, transfer, sell, give, or assign:
2063 (i) a license, certificate of registration, permit, or tag belonging to the person; or
2064 (ii) a right granted by a license, certificate of registration, permit, or tag; or
2065 (b) use or attempt to use a license, certificate of registration, permit, or tag of another
2066 person.
2067 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2068 Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
2069 to:
2070 (a) transport wildlife;
2071 (b) allow a person to take protected wildlife for another person if:
2072 (i) the person possessing the license, certificate of registration, permit, or tag has a
2073 permanent physical impairment due to a congenital or acquired injury or disease; and
2074 (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
2075 disability that renders the person physically unable to use a legal hunting weapon or fishing
2076 device;
2077 (c) allow a resident minor under 18 years [
2078 hunting permit of another person if:
2079 (i) the resident minor is otherwise legally eligible to hunt; and
2080 (ii) the permit holder:
2081 (A) receives no form of compensation or remuneration for allowing the minor to use
2082 the permit;
2083 (B) obtains the division's prior written approval to allow the minor to use the permit;
2084 and
2085 (C) accompanies the minor, for the purposes of advising and assisting during the hunt,
2086 at a distance where the permit holder can communicate with the minor, in person, by voice or
2087 visual signals; or
2088 (d) subject to the requirements of Subsection (4), transfer to another person a certificate
2089 of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
2090 connection with the sale or transfer of the brine shrimp harvest operation or harvesting
2091 equipment.
2092 (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
2093 shrimp eggs if:
2094 (a) the person submits to the division an application to transfer the certificate on a form
2095 provided by the division;
2096 (b) the proposed transferee meets [
2097 certificate of registration; and
2098 (c) the division approves the transfer of the certificate.
2099 (5) A person is not required to obtain a license, certificate of registration, permit, or tag
2100 to:
2101 (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
2102 made by the Wildlife Board under this title or by an order or proclamation [
2103
2104 (b) fish at a private fish pond operated in accordance with Section [
2105 23A-9-203;
2106 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
2107 propagate, keep, and release for shooting in accordance with a certificate of registration issued
2108 under Section [
2109 (d) take fish at a short-term fishing event.
2110 (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
2111 rules of the Wildlife Board issued pursuant to [
2112 wildlife is:
2113 (i) a privilege; and
2114 (ii) not a right or property for any purpose.
2115 (b) A point or other form of credit issued to, or accumulated by, a person under
2116 procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
2117 hunting permit in a division-administered drawing:
2118 (i) may not be transferred, sold, or assigned to another person; and
2119 (ii) is not a right or property for any purpose.
2120 Section 61. Section 23A-4-202, which is renumbered from Section 23-19-2 is
2121 renumbered and amended to read:
2122 [
2123 Wildlife Board.
2124 (1) The Wildlife Board shall prescribe the form of a license, permit, or certificate of
2125 registration to be used for hunting, fishing, trapping, seining, and dealing in furs.
2126 (2) A license, permit, or certificate of registration may be paper-based or in electronic
2127 format pursuant to the rules [
2128 63G, Chapter 3, Utah Administrative Rulemaking Act.
2129 (3) A license issued pursuant to Section [
2130 such by a code number and may not contain a reference to the licensee's disability.
2131 Section 62. Section 23A-4-203, which is renumbered from Section 23-19-3 is
2132 renumbered and amended to read:
2133 [
2134 The division may issue, [
2135
2136 determined by the Wildlife Board.
2137 Section 63. Section 23A-4-204, which is renumbered from Section 23-19-4 is
2138 renumbered and amended to read:
2139 [
2140 licenses and certificates.
2141 (1) An alien resident of [
2142 seining, and fur dealer [
2143 registration upon the same terms as a resident citizen.
2144 (2) [
2145 trapping, seining, [
2146 registration upon the same terms as nonresident citizens.
2147 (3) Notwithstanding Subsection [
2148 purchase a hunting, fishing, trapping, seining, and fur dealer license [
2149 registration upon the same terms as a resident citizen if the person is:
2150 (a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace
2151 Officer Classifications; and
2152 (b) required to live outside the state as a condition of the person's employment.
2153 Section 64. Section 23A-4-205, which is renumbered from Section 23-19-7 is
2154 renumbered and amended to read:
2155 [
2156 registration.
2157 (1) The Wildlife Board shall establish the term and expiration date for a license,
2158 permit, [
2159 (2) The division shall indicate the term and expiration date established under
2160 Subsection (1) on [
2161 Section 65. Section 23A-4-206, which is renumbered from Section 23-19-8 is
2162 renumbered and amended to read:
2163 [
2164 Prohibition on use of unsigned documents.
2165 (1) A person's signature on a license, permit, tag, or certificate of registration is
2166 certification of that person's eligibility to use the license, permit, tag, or certificate of
2167 registration for the purpose intended by this title.
2168 (2) [
2169 considered to be made under oath.
2170 (3) A signature may be an electronic signature if allowed by rule made by the Wildlife
2171 Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2172 [
2173 registration.
2174 Section 66. Section 23A-4-207, which is renumbered from Section 23-19-38 is
2175 renumbered and amended to read:
2176 [
2177 Exceptions -- Reallocation of surrendered permits.
2178 (1) [
2179
2180 refund money except as provided in Subsections (2) and (3) or Section 23A-4-301.
2181 (2) The division may refund the amount of [
2182 (a) the division or the Wildlife Board discontinues the activity for which the license,
2183 certificate, or permit was obtained;
2184 (b) the division determines that [
2185 (c) (i) the person to whom the license, certificate, or permit is issued becomes ill or
2186 suffers an injury that precludes the person from using the license, certificate, or permit;
2187 (ii) the person furnishes verification of illness or injury from a physician or physician
2188 assistant;
2189 (iii) the person does not actually use the license, certificate, or permit; and
2190 (iv) the license, certificate, or permit is surrendered before the end of the season for
2191 which the permit was issued; or
2192 (d) the person to whom the license, certificate, or permit is issued dies [
2193 the person being able to use the license, certificate, or permit.
2194 (3) The Wildlife Board may establish additional exceptions [
2195 prohibitions in Subsection (1) by rule made in accordance with Title 63G, Chapter 3, Utah
2196 Administrative Rulemaking Act.
2197 (4) The [
2198 [
2199 Administrative Rulemaking Act.
2200 Section 67. Section 23A-4-208, which is renumbered from Section 23-19-10 is
2201 renumbered and amended to read:
2202 [
2203 registration.
2204 If an unexpired license, permit, tag, or certificate of registration issued under [
2205
2206
2207 license agents may issue a duplicate license, permit, tag, or certificate of registration in
2208 accordance with the rules set and fees determined by the Wildlife Board.
2209 Section 68. Section 23A-4-209, which is renumbered from Section 23-19-42 is
2210 renumbered and amended to read:
2211 [
2212 (1) In addition to the fees imposed under this [
2213 surcharge on [
2214 (2) [
2215 General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program
2216 created under Section [
2217 Section 69. Section 23A-4-210, which is renumbered from Section 23-19-45 is
2218 renumbered and amended to read:
2219 [
2220 shrimp eggs.
2221 [
2222 than a certificate of registration [
2223 [
2224
2225
2226 Section 70. Section 23A-4-301, which is renumbered from Section 23-19-38.2 is
2227 renumbered and amended to read:
2228
2229 [
2230 safety organization members.
2231 (1) A member of the United States Armed Forces or public health or public safety
2232 organization who is mobilized or deployed on order in the interest of national defense or
2233 emergency and is precluded from using a purchased license, certificate, tag, or permit, may, as
2234 provided in Subsection (2):
2235 (a) receive a refund from the division; and
2236 (b) if the person has drawn a permit, have [
2237 a future draw reinstated.
2238 (2) To qualify, the person or a legal representative shall:
2239 (a) notify the division within a reasonable amount of time that the person is applying
2240 for a refund;
2241 (b) surrender the license, certificate, tag, or permit to the division; and
2242 (c) furnish satisfactory proof to the division that the person:
2243 (i) is a member of:
2244 (A) the United States Armed Forces;
2245 (B) a public health organization; or
2246 (C) a public safety organization; and
2247 (ii) was precluded from using the license, certificate, tag, or permit as a result of being
2248 called to active duty.
2249 (3) The Wildlife Board may [
2250 3, Utah Administrative Rulemaking Act, necessary to administer this section including
2251 allowing retroactive refund to September 11, 2001.
2252 Section 71. Section 23A-4-302, which is renumbered from Section 23-19-38.3 is
2253 renumbered and amended to read:
2254 [
2255 (1) The [
2256 Chapter 3, Utah Administrative Rulemaking Act, under which a veteran with a disability may
2257 receive a hunting, fishing, or combination license free or at a reduced price.
2258 (2) In making rules under this section, the [
2259 (a) use the same guidelines for disability as the United States Department of Veterans
2260 Affairs; and
2261 (b) provide at a minimum a reduction under this section of 25% of the full fee.
2262 Section 72. Section 23A-4-303, which is renumbered from Section 23-19-14 is
2263 renumbered and amended to read:
2264 [
2265 license.
2266 (1) The [
2267 a license if:
2268 (a) (i) the person resides in:
2269 (A) the Utah State Developmental Center in American Fork;
2270 (B) the state hospital;
2271 (C) a veterans hospital;
2272 (D) a veterans nursing home;
2273 (E) a mental health center;
2274 (F) an intermediate care facility for people with an intellectual disability;
2275 (G) a group home licensed by the Department of Human Services and operated under
2276 contract with the Division of Services for People with Disabilities;
2277 (H) a group home or other community-based placement licensed by the Department of
2278 Human Services and operated under contract with the Division of Juvenile Justice Services;
2279 (I) a private residential facility for at-risk youth licensed by the Department of Human
2280 Services; or
2281 (J) another similar institution approved by the division; or
2282 (ii) the person is a youth who participates in a work camp operated by the Division of
2283 Juvenile Justice Services;
2284 (b) the person is properly supervised by a representative of the institution described in
2285 Subsection (1)(a); and
2286 (c) the institution described in Subsection (1)(a) obtains from the division a certificate
2287 of registration that specifies:
2288 (i) the date and place where the person will fish; and
2289 (ii) the name of the institution's representative who will supervise the person fishing.
2290 (2) The institution described in Subsection (1) shall apply for the certificate of
2291 registration at least 10 days before the fishing outing.
2292 (3) (a) An institution that receives a certificate of registration authorizing at-risk youth
2293 to fish shall provide instruction to the youth on fishing laws and regulations.
2294 (b) The division shall provide educational materials to the institution to assist [
2295 institution in complying with Subsection (3)(a).
2296 Section 73. Section 23A-4-304, which is renumbered from Section 23-19-14.5 is
2297 renumbered and amended to read:
2298 [
2299 school activity may fish without license.
2300 (1) As used in this section:
2301 (a) "School" means an elementary school or a secondary school that:
2302 (i) is a public or private school located in the state; and
2303 (ii) provides student instruction for one or more years of kindergarten through grade 9.
2304 (b) "Youth organization" means a local Utah chapter of:
2305 (i) the Boy Scouts of America;
2306 (ii) the Girls Scouts of the USA; or
2307 (iii) an organization that:
2308 (A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and
2309 (B) promotes character building through outdoor activities.
2310 (2) The [
2311 a license during a youth organization or school activity if:
2312 (a) the person is:
2313 (i) (A) a member of the youth organization; or
2314 (B) a student enrolled in the school; and
2315 (ii) younger than 16 years old;
2316 (b) the fishing is in compliance with [
2317 (c) the activity is part of a recreational or instructional program of the youth
2318 organization or school; and
2319 (d) an adult leader of the activity obtains from the youth organization or school:
2320 (i) a valid tour permit; or
2321 (ii) documentation that specifies:
2322 (A) the date and place of the fishing activity;
2323 (B) the name of the adult leader that will supervise the fishing; and
2324 (C) that the activity is officially sanctioned or authorized by the youth organization or
2325 school.
2326 (3) (a) The adult leader shall:
2327 (i) possess a valid Utah fishing or combination license; and
2328 (ii) instruct the activity participants on fishing statutes and rules.
2329 (b) The division shall provide educational materials on [
2330 assist the adult leader in complying with Subsection (3)(a).
2331 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2332 Wildlife Board shall adopt rules specifying the form of the documentation required under
2333 Subsection (2)(d)(ii).
2334 Section 74. Section 23A-4-305, which is renumbered from Section 23-19-36 is
2335 renumbered and amended to read:
2336 [
2337 terminally ill persons, and children in the custody of the state may fish for free.
2338 (1) A resident who is blind, has paraplegia, or has another permanent disability so as to
2339 be permanently confined to a wheelchair or the use of crutches, or who has lost either or both
2340 lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this
2341 fact to the [
2342 (2) A resident who has an intellectual disability and is not eligible under Section
2343 [
2344 furnishing verification from a physician or physician assistant that the person has an
2345 intellectual disability.
2346 (3) A resident who is terminally ill, and has less than five years to live, may receive a
2347 free license to fish:
2348 (a) upon furnishing verification from a physician or physician assistant; and
2349 (b) if the resident qualifies for assistance under [
2350 program administered by a state agency.
2351 (4) A child placed in the custody of the state by a court order may receive a free fishing
2352 license upon furnishing verification of custody to the [
2353 division.
2354 Section 75. Section 23A-4-306, which is renumbered from Section 23-19-39 is
2355 renumbered and amended to read:
2356 [
2357 The division each year shall request the Legislature to appropriate from the General
2358 Fund in [
2359 sum equal to the total of the fees, as determined by the previous year's license sales, that would
2360 have otherwise been collected for fishing licenses had full fees been paid by those 65 years [
2361
2362
2363 Section 76. Section 23A-4-401, which is renumbered from Section 23-19-17 is
2364 renumbered and amended to read:
2365
2366 [
2367 (1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
2368 provided by the Wildlife Board's rules, a combination license to:
2369 (a) fish;
2370 (b) hunt for small game; and
2371 (c) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2372 (2) Up to $1 of the combination license fee may be used for the hunter education
2373 program for any of the following:
2374 (a) instructor and student training;
2375 (b) assisting local organizations with development;
2376 (c) maintenance of existing facilities; or
2377 (d) operation and maintenance of the hunter education program.
2378 (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
2379 program to:
2380 (i) acquire pen-raised birds; or
2381 (ii) capture and transplant upland game species.
2382 (b) The combination license fee revenue designated for the upland game program by
2383 Subsection (3)(a) is in addition to [
2384 the upland game program as provided by Sections [
2385 23A-3-208.
2386 Section 77. Section 23A-4-402, which is renumbered from Section 23-19-17.5 is
2387 renumbered and amended to read:
2388 [
2389 (1) [
2390 complete the hunter education requirements under Section [
2391 engaging in hunting.
2392 (2) A lifetime license [
2393 licensee changes to another state or country.
2394 (3) (a) A lifetime license may be used in lieu of a hunting or fishing license.
2395 (b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag
2396 of the lifetime licensee's choice for one of the following general season deer hunts:
2397 (i) archery;
2398 (ii) rifle; or
2399 (iii) muzzleloader.
2400 (c) A lifetime licensee is subject to each requirement for special hunting and fishing
2401 permits and tags, except as provided in Subsections (3)(a) and (b).
2402 (4) The Wildlife Board may [
2403 3, Utah Administrative Rulemaking Act, necessary to carry out [
2404 Section 78. Section 23A-4-501, which is renumbered from Section 23-19-15 is
2405 renumbered and amended to read:
2406
2407 [
2408 (1) The director [
2409 permits, and tags.
2410 (2) [
2411 (a) sell [
2412
2413 or tag specified in Subsection [
2414 division; and
2415 (b) collect a fee for [
2416 (3) A wildlife license agent shall receive:
2417 (a) for [
2418 greater than $1, 50 cents for [
2419 (b) for [
2420 fee.
2421 (4) The division may require a wildlife license [
2422 reasonable amount.
2423 (5) (a) As directed by the division, [
2424 (i) report [
2425 (ii) submit [
2426 and tags less the remuneration provided in Subsection (3).
2427 (b) If a wildlife license agent fails to pay the amount due, the division may assess a
2428 penalty of 20% of the amount due. [
2429 interest at the rate of 1% per month. If the amount due is not paid because of bad faith or
2430 fraud, the division shall assess a penalty of 100% of the total amount due together with interest.
2431 (c) [
2432 (i) be kept separate from the private [
2433 (ii) belong to the state.
2434 (6) A wildlife license agent may not intentionally:
2435 (a) fail to date or misdate a license, permit, or tag;
2436 (b) issue a hunting license or permit to an individual until that individual furnishes
2437 proof of successful completion of a division-approved hunter education course as provided in
2438 Section [
2439 (c) issue a furbearer license to an individual until that individual furnishes proof of
2440 successful completion of a division-approved furharvester education course as provided in
2441 Section [
2442 [
2443
2444 [
2445
2446 [
2447 [
2448 [
2449 [
2450
2451 [
2452 [
2453 [
2454 [
2455
2456 Section 79. Section 23A-4-502 is enacted to read:
2457 23A-4-502. Violations by a wildlife license agent -- Criminal penalty.
2458 (1) A person is guilty of an unlawful act if the actor:
2459 (a) fails to take an action required by Section 23A-4-501; or
2460 (b) takes an action prohibited by Section 23A-4-501.
2461 (2) (a) Except as provided in Subsections (2)(b) and (c), a violation of Subsection (1) is
2462 a class B misdemeanor.
2463 (b) A violation of Subsection (1) is a class A misdemeanor if the aggregate amount
2464 required under Subsection 23A-4-501(5)(a):
2465 (i) is at least $1,000, but less than $10,000;
2466 (ii) is not submitted for one or more months; and
2467 (iii) remains uncollectable.
2468 (c) A violation of Subsection (1) is a felony of the third degree if the aggregate amount
2469 required under Subsection 23A-4-501(5)(a):
2470 (i) is $10,000 or more;
2471 (ii) is not submitted for one or more months; and
2472 (iii) remains uncollectable.
2473 (3) A violation of Subsection (1) may be cause for revocation of the wildlife license
2474 agent authorization.
2475 Section 80. Section 23A-4-503, which is renumbered from Section 23-19-16 is
2476 renumbered and amended to read:
2477 [
2478 (1) [
2479
2480 division's authorized wildlife license agents:
2481 (a) Section 23A-4-401;
2482 (b) Section 23A-4-601;
2483 (c) Sections 23A-4-703 through 23A-4-707; and
2484 (d) Section 23A-4-901.
2485 (2) [
2486
2487 from the division.
2488 Section 81. Section 23A-4-601, which is renumbered from Section 23-19-21 is
2489 renumbered and amended to read:
2490
2491 [
2492 (1) A person 12 years [
2493 engaging in a regulated fishing activity.
2494 (2) Upon paying the fee prescribed by the Wildlife Board, a person may obtain a
2495 license to fish and engage in a regulated fishing activity in accordance with the rules,
2496 proclamations, and orders of the Wildlife Board.
2497 (3) A person under 12 years [
2498 the rules, proclamations, and orders of the Wildlife Board.
2499 Section 82. Section 23A-4-602, which is renumbered from Section 23-19-35 is
2500 renumbered and amended to read:
2501 [
2502 [
2503 Section 83. Section 23A-4-701, which is renumbered from Section 23-19-14.6 is
2504 renumbered and amended to read:
2505
2506 [
2507 (1) Upon application, the division may issue a trial hunting authorization to an
2508 individual who:
2509 (a) is 11 years [
2510 (b) is eligible under state and federal law to possess a firearm and archery equipment;
2511 and
2512 (c) (i) was born after 1965; and
2513 (ii) has not completed a division approved hunter education course.
2514 (2) Notwithstanding [
2515 individual who [
2516 obtain:
2517 (a) a hunting license under [
2518 23A-4-401, 23A-4-706, or 23A-4-707; or
2519 (b) a hunting permit authorized by the Wildlife Board under Subsection (4).
2520 (3) An individual who [
2521 hunting authorization under Subsection (2) may use the license or permit if the individual is:
2522 (a) 12 years [
2523 (b) accompanied, as defined in Subsection [
2524 hunting by an individual who:
2525 (i) is 21 years [
2526 (ii) is eligible under state and federal law to possess a firearm and archery equipment;
2527 (iii) possesses a current Utah hunting or combination license;
2528 (iv) has satisfied applicable hunter education requirements under this chapter; and
2529 (v) possesses the written consent of the holder's parent or legal guardian, if
2530 accompanying a holder of a trial hunting authorization who is under 18 years [
2531 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2532 Wildlife Board may make rules to:
2533 (a) designate the types of hunting permits under Subsection (2) that may be obtained
2534 with a trial hunting authorization;
2535 (b) establish the term of a trial hunting authorization;
2536 (c) establish the number of years a person may obtain a trial hunting authorization;
2537 (d) prescribe the number of individuals using a trial hunting authorization that an
2538 individual may accompany in the field under Subsection (3) at a single time;
2539 (e) establish the application process for an individual to obtain a trial hunting
2540 authorization; and
2541 (f) administer and enforce [
2542 Section 84. Section 23A-4-702, which is renumbered from Section 23-19-49 is
2543 renumbered and amended to read:
2544 [
2545 (1) As used in this section[
2546
2547 projectile with compressed air released from a chamber:
2548 [
2549 [
2550 high compression device or source, such as a hand pump, compressor, or scuba tank.
2551 (2) (a) An individual shall obtain a permit issued under this section before using a
2552 pre-charged pneumatic air rifle to hunt a species of wildlife designated by the Wildlife Board.
2553 (b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,
2554 Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
2555 the use of a pre-charged pneumatic air rifle.
2556 (3) The division shall review the funding available for the regulation of hunting with
2557 pre-charged pneumatic air rifles and report the division's findings to the Natural Resources,
2558 Agriculture, and Environment Interim Committee by no later than the November 2024 interim
2559 committee meeting.
2560 Section 85. Section 23A-4-703, which is renumbered from Section 23-19-22 is
2561 renumbered and amended to read:
2562 [
2563 (1) A person who is at least 12 years old[
2564
2565
2566 provided by [
2567 (a) paying the big game hunting permit fee established by the Wildlife Board;
2568 (b) paying the fee established by Subsection (4); and
2569 (c) possessing a valid hunting or combination license.
2570 (2) (a) A person who is 11 years old may apply for or obtain a big game hunting permit
2571 consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
2572 calendar year for which the permit is issued.
2573 (b) A person may not use a permit to hunt big game before the person's 12th birthday.
2574 (3) [
2575 from a resident [
2576 [
2577 (4) There is established a fee in the amount of $5 added to [
2578 section to be deposited in the Predator Control Restricted Account.
2579 Section 86. Section 23A-4-704, which is renumbered from Section 23-19-22.5 is
2580 renumbered and amended to read:
2581 [
2582 (1) A person 12 years [
2583
2584
2585
2586 (a) paying the cougar or bear hunting permit fee established by the Wildlife Board; and
2587 (b) possessing a valid hunting or combination license.
2588 (2) A person 11 years [
2589 permit consistent with the requirements of Subsection (1) if that person's 12th birthday falls
2590 within the calendar year in which the permit is issued.
2591 (3) [
2592 collected from a resident [
2593 Section 87. Section 23A-4-705, which is renumbered from Section 23-19-22.6 is
2594 renumbered and amended to read:
2595 [
2596 (1) [
2597
2598 to take turkey as provided by [
2599 Board[
2600 (a) paying the turkey permit fee established by the Wildlife Board; and
2601 (b) possessing a valid hunting or combination license.
2602 (2) [
2603 a resident [
2604 Section 88. Section 23A-4-706, which is renumbered from Section 23-19-24 is
2605 renumbered and amended to read:
2606 [
2607 (1) A resident[
2608 hunting license after paying the fee established by the Wildlife Board.
2609 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
2610 Board's rules and proclamations:
2611 (a) take small game; and
2612 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2613 (3) Up to $1 of the hunting license fee may be used for the hunter education program.
2614 (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2615 program to:
2616 (i) acquire pen-raised birds; or
2617 (ii) capture and transplant upland game species.
2618 (b) The hunting license fee revenue designated for the upland game program by
2619 Subsection (4)(a) is in addition to [
2620 upland game program as provided by Sections [
2621 23A-3-208.
2622 Section 89. Section 23A-4-707, which is renumbered from Section 23-19-26 is
2623 renumbered and amended to read:
2624 [
2625 (1) A nonresident[
2626 a hunting license after paying the fee established by the Wildlife Board.
2627 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
2628 Board's rules and proclamations:
2629 (a) take small game; and
2630 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2631 (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2632 program to:
2633 (i) acquire pen-raised birds; or
2634 (ii) capture and transplant upland game species.
2635 (b) The hunting license fee revenue designated for the upland game program by
2636 Subsection (3)(a) is in addition to [
2637 upland game program as provided by Sections [
2638 23A-3-208.
2639 Section 90. Section 23A-4-708, which is renumbered from Section 23-20-20 is
2640 renumbered and amended to read:
2641 [
2642 weapon.
2643 (1) As used in this section:
2644 (a) "Accompanied" means at a distance within which visual and verbal communication
2645 is maintained for the purposes of advising and assisting.
2646 (b) (i) "Electronic device" means a mechanism powered by electricity that allows
2647 communication between two or more people.
2648 (ii) "Electronic device" includes a mobile telephone or two-way radio.
2649 (c) "Verbal communication" means the conveyance of information through speech that
2650 does not involve an electronic device.
2651 (2) A person younger than 14 years old who is hunting with [
2652 accompanied by:
2653 (a) the person's parent or legal guardian; or
2654 (b) a responsible person who is at least 21 years old and who is approved by the
2655 person's parent or guardian.
2656 (3) A person younger than 16 years old who is hunting big game with [
2657 shall be accompanied by:
2658 (a) the person's parent or legal guardian; or
2659 (b) a responsible person who is at least 21 years old and who is approved by the
2660 person's parent or guardian.
2661 (4) A person who is at least 14 years old but younger than 16 years old shall be
2662 accompanied by a person who is at least 21 years old while hunting wildlife, other than big
2663 game, with [
2664 Section 91. Section 23A-4-709, which is renumbered from Section 23-20-30 is
2665 renumbered and amended to read:
2666 [
2667 (1) The Wildlife Board may make rules that require the carcass of certain species of
2668 protected wildlife to be tagged.
2669 (2) Except as provided by the Wildlife Board by rules made in accordance with Title
2670 63G, Chapter 3, Utah Administrative Rulemaking Act, a hunter shall tag the carcass of [
2671 species of protected wildlife required to be tagged [
2672 from or the hunter leaves the site of kill.
2673 (3) To tag a carcass, a person shall:
2674 (a) (i) completely detach the tag from the license or permit;
2675 (ii) completely remove the appropriate notches to correspond with:
2676 (A) the date the animal was taken; and
2677 (B) the sex of the animal; and
2678 (iii) attach the tag to the carcass so that the tag remains securely fastened and visible;
2679 or
2680 (b) complete an electronic tagging certification according to standards approved by the
2681 Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2682 Rulemaking Act.
2683 (4) A person may not:
2684 (a) remove more than one notch indicating date or sex; or
2685 (b) tag more than one carcass using the same tag.
2686 Section 92. Section 23A-4-801, which is renumbered from Section 23-19-34.5 is
2687 renumbered and amended to read:
2688
2689 [
2690 12 or older may obtain certificate of registration -- License for falconry meet for
2691 nonresidents -- Wildlife Board approval required for falconry meet -- Hunting license
2692 required to take protected game.
2693 (1) A resident 12 years [
2694 obtain a certificate of registration to hold falcons and engage in the sport of falconry on
2695 nongame wildlife species upon application to the division.
2696 (2) A nonresident entering Utah to participate in the sport of falconry at an organized
2697 meet shall obtain a license as provided in Section [
2698 (3) Organizers of a falconry meet shall apply to and receive approval from the Wildlife
2699 Board [
2700 (4) (a) [
2701 species shall possess, in addition to the falconry certificate of registration, a hunting license.
2702 (b) [
2703 [
2704 game during the five-day period of the license.
2705 Section 93. Section 23A-4-802, which is renumbered from Section 23-19-34.7 is
2706 renumbered and amended to read:
2707 [
2708 (1) A nonresident 12 years [
2709 this state upon payment of a fee prescribed by the Wildlife Board.
2710 (2) (a) A nonresident falconry meet license is valid only for five consecutive days, the
2711 dates to be designated on the license.
2712 (b) The holder of the license may engage in the sport of falconry on nongame wildlife
2713 species and small game species[
2714 Section 94. Section 23A-4-901, which is renumbered from Section 23-19-27 is
2715 renumbered and amended to read:
2716
2717 [
2718 A resident or nonresident[
2719 may receive a license to take furbearers upon payment of the fee prescribed by the Wildlife
2720 Board.
2721 Section 95. Section 23A-4-902, which is renumbered from Section 23-19-31 is
2722 renumbered and amended to read:
2723 [
2724 A resident[
2725 upon application to the Wildlife Board.
2726 Section 96. Section 23A-4-903, which is renumbered from Section 23-19-32 is
2727 renumbered and amended to read:
2728 [
2729 A nonresident[
2730 dealer upon application to the Wildlife Board.
2731 Section 97. Section 23A-4-904, which is renumbered from Section 23-19-33 is
2732 renumbered and amended to read:
2733 [
2734 [
2735
2736 the Wildlife Board.
2737 Section 98. Section 23A-4-905, which is renumbered from Section 23-18-5 is
2738 renumbered and amended to read:
2739 [
2740 registration required -- Receipts required.
2741 (1) (a) [
2742 business of buying, selling, trading, or dealing, within the state, in the skins or pelts of
2743 furbearing mammals [
2744 [
2745 (b) A fur dealer shall secure a fur dealer certificate of registration from the [
2746
2747 required for:
2748 (i) a licensed trapper or fur farmer selling skins or pelts [
2749 trapper or fur farmer has lawfully taken[
2750 (ii) a person who is not a fur dealer and who purchases [
2751 described in Subsection (1)(b)(i) exclusively for the person's own use and not for sale.
2752 (2) [
2753 buyer, in the field, is [
2754 [
2755 certificate of registration [
2756 agent certificate of registration [
2757 certificate of registration has been first secured by the employer of the agent.
2758 (3) [
2759 whenever the skins or pelts of furbearing mammals change ownership by virtue of sale,
2760 exchange, barter, or gift[
2761 receipt or evidence of legal transaction upon request by the [
2762 division or other person authorized to enforce [
2763 Section 99. Section 23A-4-1001, which is renumbered from Section 23-19-11 is
2764 renumbered and amended to read:
2765
2766 [
2767 (1) (a) Except as provided in Section [
2768 December 31, 1965, may not acquire or possess a hunting license or permit unless the
2769 individual has successfully completed a division-approved hunter education course.
2770 (b) A division-approved hunter education course shall include education concerning
2771 the importance of gates and fences used in agriculture and how to properly close a gate.
2772 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2773 Wildlife Board may make rules establishing:
2774 (a) criteria and standards for approving a hunter education course, including a course
2775 offered in another state or country; and
2776 (b) procedures for verifying and documenting that an individual seeking a hunting
2777 license or permit has successfully completed a division-approved hunter education course.
2778 [
2779
2780 [
2781
2782 Section 100. Section 23A-4-1002, which is renumbered from Section 23-19-11.1 is
2783 renumbered and amended to read:
2784 [
2785 Exemptions.
2786 (1) Except as provided in Subsection (2), the Wildlife Board may require that the
2787 division-approved hunter education course required by Section [
2788 a practical shooting test.
2789 (2) A member of the United States Armed Forces, including the Utah National Guard,
2790 is exempt from a practical shooting test that may be required under Subsection (1) if the
2791 member has passed firearms training in the United States Armed Forces or Utah National
2792 Guard.
2793 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2794 Wildlife Board may make rules establishing firearms test verification requirements.
2795 Section 101. Section 23A-4-1003, which is renumbered from Section 23-19-12 is
2796 renumbered and amended to read:
2797 [
2798 certificate of competency.
2799 (1) The [
2800 individual interested in obtaining an instructor's certificate in hunter education a course of
2801 instruction in:
2802 (a) the safe handling of firearms;
2803 (b) conservation;
2804 (c) hunting ethics;
2805 (d) information required by Subsection [
2806 (e) related subject matter.
2807 (2) A certified instructor may, on a voluntary basis, give instruction in the course of
2808 hunter education, as established by the [
2809 persons [
2810 issue a certificate of competency in hunter education upon the successful completion of the
2811 course.
2812 Section 102. Section 23A-4-1004, which is renumbered from Section 23-19-12.7 is
2813 renumbered and amended to read:
2814 [
2815 of certificate of completion.
2816 (1) The division shall establish criteria for a bow hunter education course, which may
2817 be offered by [
2818 (2) The bow hunter education course shall include instruction in:
2819 (a) the safe use of bow hunting equipment;
2820 (b) fundamentals of bow hunting;
2821 (c) shooting and hunting techniques; and
2822 (d) hunter ethics.
2823 (3) The division shall issue a certificate of completion to a participant upon successful
2824 completion of a bow hunter education course which meets the requirements of this section and
2825 criteria established by the division.
2826 Section 103. Section 23A-4-1005, which is renumbered from Section 23-19-11.5 is
2827 renumbered and amended to read:
2828 [
2829 (1) A resident born after December 31, 1984, may not acquire or possess a furbearer
2830 license unless the individual has successfully completed a division-approved furharvester
2831 education course.
2832 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2833 Wildlife Board may make rules establishing:
2834 (a) criteria and standards for approving a furharvester education course, including a
2835 course offered in another state or country; and
2836 (b) procedures for verifying and documenting that an individual seeking a furbearer
2837 license has successfully completed a division-approved furharvester education course.
2838 [
2839
2840 [
2841
2842 Section 104. Section 23A-4-1006, which is renumbered from Section 23-19-12.5 is
2843 renumbered and amended to read:
2844 [
2845 Issuance of certificate of completion.
2846 (1) The division shall provide a course of instruction in safe and responsible trapping,
2847 including instruction in:
2848 (a) the use of trapping devices;
2849 (b) trapping laws;
2850 (c) trapping ethics;
2851 (d) techniques in safely releasing nontarget animals;
2852 (e) firearms safety;
2853 (f) wildlife management;
2854 (g) proper catch handling;
2855 (h) trapper health and safety; and
2856 (i) ethics relating to the avoidance of conflicts with other public land users and private
2857 landowners.
2858 (2) (a) [
2859 instruction in the course of furharvester education, as established by the division.
2860 (b) Upon the successful completion of the course, [
2861 participant in the furharvester education course [
2862 furharvester education.
2863 Section 105. Section 23A-4-1007, which is renumbered from Section 23-19-13 is
2864 renumbered and amended to read:
2865 [
2866 The Wildlife Board shall establish the fees to be assessed for obtaining instruction in
2867 hunter education and furharvester education.
2868 Section 106. Section 23A-4-1101, which is renumbered from Section 23-19-5 is
2869 renumbered and amended to read:
2870
2871 [
2872 license, permit, tag, or certificate of registration -- Criminal penalty.
2873 (1) [
2874 (a) [
2875 registration by fraud, deceit, or misrepresentation;
2876 (b) if a nonresident [
2877 (c) if a resident [
2878 [
2879
2880 [
2881 (3) A license, permit, certificate of registration, or tag obtained in violation of
2882 Subsection (1) is invalid.
2883 (4) A fraudulent claim of residency in another state or country does not exempt a
2884 person from the definition of resident in Section [
2885 Section 107. Section 23A-4-1102, which is renumbered from Section 23-19-5.5 is
2886 renumbered and amended to read:
2887 [
2888 failure to pay child support.
2889 (1) As used in this section:
2890 (a) "Child support" means the same as that term is defined in Section 62A-11-401.
2891 (b) "Delinquent on a child support obligation" means that:
2892 (i) an individual owes at least $2,500 on an arrearage obligation of child support based
2893 on an administrative or judicial order;
2894 (ii) the individual has not obtained a judicial order staying enforcement of the
2895 individual's obligation on the amount in arrears; and
2896 (iii) the office has obtained a statutory judgment lien pursuant to Section
2897 62A-11-312.5.
2898 (c) "Office" means the Office of Recovery Services created in Section 62A-11-102.
2899 (d) "Wildlife license agent" means a person authorized under Section [
2900 23A-4-501 to sell a license, permit, or tag in accordance with this chapter.
2901 (2) (a) An individual who is delinquent on a child support obligation may not apply for,
2902 obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
2903 the Wildlife Board under this title, or by an order or proclamation [
2904
2905 (b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
2906 tag in violation of Subsection (2)(a) violates Section [
2907 (ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
2908 (iii) An individual who takes protected wildlife with an invalid license, permit, or tag
2909 violates Section [
2910 (3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
2911 until the office notifies the division that the individual who is delinquent on a child support
2912 obligation has:
2913 (i) paid the delinquency in full; or
2914 (ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
2915 months with a payment schedule entered into with the office.
2916 (b) A payment schedule under Subsection (3)(a) shall provide that the individual:
2917 (i) pay the current child support obligation in full each month; and
2918 (ii) pays an additional amount as assessed by the office pursuant to Section
2919 62A-11-320 towards the child support arrears.
2920 (c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
2921 payment schedule described in Subsection (3)(b), the office may notify the division and the
2922 individual is considered to be an individual who is delinquent on a child support obligation and
2923 cannot obtain a new license, permit, or tag without complying with this Subsection (3).
2924 (d) If an individual fails to comply with the payment schedule described in Subsection
2925 (3)(b) for one month of the 12-month period because of a transition to new employment, the
2926 individual may obtain a license, permit, or tag and is considered in compliance with this
2927 Subsection (3) if the individual:
2928 (i) provides the office with information regarding the individual's new employer within
2929 30 days from the day on which the missed payment was due;
2930 (ii) pays the missed payment within 30 days from the day on which the missed payment
2931 was due; and
2932 (iii) complies with the payment schedule for all other payments owed for child support
2933 within the 12-month period.
2934 (4) (a) The division or a wildlife license agent may not knowingly issue a license,
2935 permit, or tag under this title to an individual identified by the office as delinquent on a child
2936 support obligation until notified by the office that the individual has complied with Subsection
2937 (3).
2938 (b) The division is not required to hold or reserve a license, permit, or tag opportunity
2939 withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
2940 individual upon compliance with Subsection (3).
2941 (c) The division may immediately reissue to another qualified person a license, permit,
2942 or tag opportunity withheld from an individual identified by the office as delinquent on a child
2943 support obligation pursuant to Subsection (4)(a).
2944 (5) The office and division shall automate the process for the division or a wildlife
2945 license agent to be notified whether an individual is delinquent on a child support obligation or
2946 has complied with Subsection (3).
2947 (6) The office is responsible to provide [
2948 incident to the division issuing or denying a license, permit, or tag to an individual under
2949 Subsection (4).
2950 (7) The denial or withholding of a license, permit, or tag under this section is not a
2951 suspension or revocation of license and permit privileges for purposes of:
2952 (a) Section [
2953 (b) Subsection [
2954 (c) Section [
2955 (8) This section does not modify a court action to withhold, suspend, or revoke a
2956 recreational license under Sections 62A-11-107 and 78B-6-315.
2957 Section 108. Section 23A-4-1103, which is renumbered from Section 23-19-6 is
2958 renumbered and amended to read:
2959 [
2960 Criminal penalty.
2961 [
2962 tag, or certificate of registration for the purpose of defrauding the state [
2963 the purposes and provisions of this [
2964 (2) A person who violates [
2965 misdemeanor.
2966 Section 109. Section 23A-4-1104 is enacted to read:
2967 23A-4-1104. Violation of hunter education requirements -- Criminal penalty.
2968 (1) An individual may not obtain, attempt to obtain, or possess a hunting license or
2969 permit in violation of the hunter education requirements in Subsection 23A-4-1001(1).
2970 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
2971 (3) A hunting license or permit obtained or possessed in violation of Section
2972 23A-4-1101 is invalid.
2973 Section 110. Section 23A-4-1105 is enacted to read:
2974 23A-4-1105. Violation of furharvester education requirements -- Criminal
2975 penalty.
2976 (1) An individual may not obtain, attempt to obtain, or possess a furbearer license in
2977 violation of the furharvester education requirements in Subsection 23A-4-1005(1).
2978 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
2979 (3) A furbearer license or permit obtained or possessed in violation of this section is
2980 invalid.
2981 Section 111. Section 23A-4-1106, which is renumbered from Section 23-19-9 is
2982 renumbered and amended to read:
2983 [
2984 Suspension of certificates of registration.
2985 (1) As used in this section:
2986 (a) "License or permit privileges" means the privilege of applying for, purchasing, and
2987 exercising the benefits conferred by a license or permit issued by the division.
2988 (b) "Livestock guardian dog" means the same as that term is defined in Section
2989 76-6-111.
2990 (2) A hearing officer, appointed by the division, may suspend a person's license or
2991 permit privileges if:
2992 (a) in a court of law, the person:
2993 (i) is convicted of:
2994 (A) violating this title or a rule of the Wildlife Board;
2995 (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
2996 an activity regulated under this title;
2997 (C) violating Section 76-6-111; or
2998 (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
2999 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
3000 contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
3001 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
3002 enters into a diversion agreement which suspends the prosecution of the offense; and
3003 (b) the hearing officer determines the person committed the offense intentionally,
3004 knowingly, or recklessly, as defined in Section 76-2-103.
3005 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
3006 officer shall consider in determining:
3007 (i) the type of license or permit privileges to suspend; and
3008 (ii) the duration of the suspension.
3009 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
3010 (3)(a) are consistent with Subsections (4), (5), and (6).
3011 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
3012 person's license or permit privileges according to Subsection (2) for a period of time not to
3013 exceed:
3014 (a) seven years for:
3015 (i) a felony conviction;
3016 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
3017 held in abeyance pursuant to a plea in abeyance agreement; or
3018 (iii) being charged with an offense punishable as a felony, the prosecution of which is
3019 suspended pursuant to a diversion agreement;
3020 (b) five years for:
3021 (i) a class A misdemeanor conviction;
3022 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
3023 which plea is held in abeyance pursuant to a plea in abeyance agreement; or
3024 (iii) being charged with an offense punishable as a class A misdemeanor, the
3025 prosecution of which is suspended pursuant to a diversion agreement;
3026 (c) three years for:
3027 (i) a class B misdemeanor conviction;
3028 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
3029 when the plea is held in abeyance according to a plea in abeyance agreement; or
3030 (iii) being charged with an offense punishable as a class B misdemeanor, the
3031 prosecution of which is suspended pursuant to a diversion agreement; and
3032 (d) one year for:
3033 (i) a class C misdemeanor conviction;
3034 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
3035 when the plea is held in abeyance according to a plea in abeyance agreement; or
3036 (iii) being charged with an offense punishable as a class C misdemeanor, the
3037 prosecution of which is suspended according to a diversion agreement.
3038 (5) The hearing officer may double a suspension period established in Subsection (4)
3039 for offenses:
3040 (a) committed in violation of an existing suspension or revocation order issued by the
3041 courts, division, or Wildlife Board; or
3042 (b) involving the unlawful taking of a trophy animal, as defined in Section [
3043 23A-1-101.
3044 (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
3045 or permit privileges for a particular license or permit only once for each single criminal
3046 episode, as defined in Section 76-1-401.
3047 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
3048 suspension periods of [
3049 to Subsection (2), may run consecutively.
3050 (c) If a hearing officer suspends, according to Subsection (2), license or permit
3051 privileges of the type that have been previously suspended by a court, a hearing officer, or the
3052 Wildlife Board and the suspension period has not expired, the suspension periods may run
3053 consecutively.
3054 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
3055 applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
3056 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
3057 defined in Section 76-2-103, violated:
3058 (A) this title;
3059 (B) a rule or order of the Wildlife Board;
3060 (C) the terms of a certificate of registration; or
3061 (D) the terms of a certificate of registration application or agreement; or
3062 (ii) the person, in a court of law:
3063 (A) is convicted of an offense that the hearing officer determines bears a reasonable
3064 relationship to the person's ability to safely and responsibly perform the activities authorized by
3065 the certificate of registration;
3066 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
3067 reasonable relationship to the person's ability to safely and responsibly perform the activities
3068 authorized by the certificate of registration, and the plea is held in abeyance in accordance with
3069 a plea in abeyance agreement; or
3070 (C) is charged with an offense that the hearing officer determines bears a reasonable
3071 relationship to the person's ability to safely and responsibly perform the activities authorized by
3072 the certificate of registration, and prosecution of the offense is suspended in accordance with a
3073 diversion agreement.
3074 (b) [
3075 harvesting of brine shrimp eggs, as defined in Section 59-23-3, [
3076
3077 registration has violated Section 59-23-5.
3078 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
3079 adjudicative functions provided in this section.
3080 (b) The director may not appoint a division employee who investigates or enforces
3081 wildlife violations.
3082 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
3083 for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
3084 registration.
3085 (b) The courts shall promptly notify the division of [
3086 recommendations entered.
3087 (c) The division, upon receiving notification of suspension from the courts, shall
3088 prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
3089 license, permit, or certification of registration for the duration and of the type specified in the
3090 court order.
3091 (d) The hearing officer shall consider [
3092 court concerning suspension before issuing a suspension order.
3093 [
3094
3095
3096 [
3097
3098 [
3099 [
3100 give a person:
3101 (a) [
3102 (b) [
3103 [
3104 Wildlife Board.
3105 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
3106 any written documentation submitted at the hearing.
3107 (c) The Wildlife Board may:
3108 (i) take no action;
3109 (ii) vacate or remand the decision; or
3110 (iii) amend the period or type of suspension.
3111 [
3112 falconry privileges consistent with [
3113 Compact.
3114 [
3115 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3116 Section 112. Section 23A-4-1107 is enacted to read:
3117 23A-4-1107. Violation of suspension --Criminal penalty.
3118 (1) A person may not apply for, purchase, possess, or attempt to exercise the benefits
3119 conferred by a permit, license, or certificate of registration specified in an order of suspension
3120 while that order is in effect.
3121 (2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
3122 (3) A license possessed or obtained in violation of the order is invalid.
3123 Section 113. Section 23A-4-1108, which is renumbered from Section 23-19-9.1 is
3124 renumbered and amended to read:
3125 [
3126 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
3127 issued under this chapter if so ordered by a court.
3128 Section 114. Section 23A-4-1109, which is renumbered from Section 23-19-9.5 is
3129 renumbered and amended to read:
3130 [
3131 -- Person not entitled to license, permit, tag, or certificate.
3132 (1) A person may not purchase a license, permit, tag, or certificate of registration if:
3133 (a) there is an outstanding Utah warrant against [
3134 in answer to a summons for a violation of:
3135 (i) [
3136 (ii) a rule, proclamation, or order of the Wildlife Board; or
3137 (b) [
3138 a party to the Wildlife Violator Compact set forth in [
3139 Wildlife Violator Compact.
3140 (2) The division may allow a person referred to in Subsection (1) to purchase a license,
3141 permit, tag, or certificate of registration if satisfactory proof is given that:
3142 (a) the warrant is no longer outstanding; or
3143 (b) [
3144 Section 115. Section 23A-5-101 is enacted to read:
3145
3146
3147 23A-5-101. Definitions.
3148 Reserved.
3149 Section 116. Section 23A-5-201, which is renumbered from Section 23-20-1 is
3150 renumbered and amended to read:
3151
3152 [
3153 Seizure and disposition of property.
3154 (1) [
3155
3156 enforcement officers.
3157 (2) (a) [
3158 wildlife illegally taken or held.
3159 (b) (i) Upon determination of a defendant's guilt by the court[
3160 (A) the court shall confiscate the protected wildlife [
3161
3162 (B) the division shall sell or otherwise dispose of the protected wildlife.
3163 (ii) Proceeds of [
3164 Resources Account.
3165 (iii) Migratory wildfowl may not be sold, but [
3166 migratory wildfowl to a charitable institution [
3167 (3) (a) [
3168 used for the unlawful taking or possessing of protected wildlife for any of the following
3169 purposes:
3170 (i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
3171 (ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
3172 warrant; or
3173 (iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
3174 possessed.
3175 (b) The division shall store [
3176 impound lot, or other secured storage facility.
3177 (4) A seized vehicle shall be released to the owner no later than 30 days after the date
3178 the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of
3179 wildlife by a person who is charged with committing a felony under this title.
3180 (5) (a) The owner of a seized vehicle is liable for the payment of any impound fee if the
3181 owner used the vehicle for the unlawful taking or possessing of wildlife and is found by a court
3182 to be guilty of a violation of this title.
3183 (b) The owner of a seized vehicle is not liable for the payment of any impound fee or,
3184 if the fees have been paid, is entitled to reimbursement of the fees paid, if:
3185 (i) no charges are filed or all charges are dropped [
3186 vehicle for the unlawful taking or possessing of wildlife;
3187 (ii) the person charged with using the vehicle for the unlawful taking or possessing of
3188 wildlife is found by a court to be not guilty; or
3189 (iii) the owner did not consent to a use of the vehicle [
3190 Section 117. Section 23A-5-202, which is renumbered from Section 23-20-1.5 is
3191 renumbered and amended to read:
3192 [
3193 (1) The chief and assistant chief of the law enforcement section, an enforcement
3194 [
3195 [
3196 officers throughout [
3197 process and:
3198 (a) may serve criminal process, arrest, and prosecute [
3199 law of this state; and
3200 (b) [
3201 executing [
3202 (2) The powers and duties conferred by this section upon employees of the law
3203 enforcement section of the [
3204 and in no way a limitation on the powers and duties of other law enforcement officers in the
3205 state.
3206 Section 118. Section 23A-5-203, which is renumbered from Section 23-20-2 is
3207 renumbered and amended to read:
3208 [
3209 The director [
3210 [
3211
3212
3213 title.
3214 Section 119. Section 23A-5-204, which is renumbered from Section 23-20-10 is
3215 renumbered and amended to read:
3216 [
3217 or donation slip.
3218 [
3219 [
3220 or regulation is required to be tagged, unless the carcass is properly tagged or is accompanied
3221 with a valid donation slip.
3222 Section 120. Section 23A-5-205, which is renumbered from Section 23-20-16 is
3223 renumbered and amended to read:
3224 [
3225 In enforcing the misdemeanor or felony provisions of this [
3226 officer shall follow [
3227 Classifications.
3228 Section 121. Section 23A-5-206, which is renumbered from Section 23-20-28 is
3229 renumbered and amended to read:
3230 [
3231 (1) A search warrant may be issued by a magistrate to search for [
3232 that may constitute evidence of [
3233 title, rules, [
3234 person.
3235 (2) The search warrant shall be directed to a conservation officer or a peace officer,
3236 directing the officer to search for evidence and to bring [
3237 (3) A search warrant may not be issued except upon probable cause supported by oath
3238 or affirmation, particularly describing the place, person, or thing to be searched for and the
3239 person or thing to be seized.
3240 (4) The warrant shall be served in the daytime, unless there is reason to believe that the
3241 service of the search warrant is required immediately because a person may:
3242 (a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;
3243 (b) destroy or conceal evidence of the commission of [
3244 (c) injure another person or damage property.
3245 (5) [
3246 (a) there is reason to believe that a violation may occur at night; or
3247 (b) the evidence of the violation may not be available to the officers serving the
3248 warrant during the day.
3249 Section 122. Section 23A-5-207, which is renumbered from Section 23-20-25 is
3250 renumbered and amended to read:
3251 [
3252 Criminal penalty.
3253 (1) [
3254 [
3255 [
3256 (a) the required license, permit, or tag;
3257 (b) [
3258 regulated under this title; or
3259 (c) [
3260 (2) [
3261 in [
3262
3263 (a) the required license, permit, or tag;
3264 (b) [
3265 regulated under this title; or
3266 (c) [
3267 (3) [
3268 fails to produce for examination to [
3269 required licenses, permits, tags, devices or apparatuses used for [
3270 under this title or [
3271
3272 Section 123. Section 23A-5-301, which is renumbered from Section 23-13-11 is
3273 renumbered and amended to read:
3274
3275 [
3276 assisting violation.
3277 (1) Except as otherwise provided in this title:
3278 [
3279 [
3280 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or proclamation of the Wildlife
3281 Board is an infraction.
3282 (2) (a) A person may not aid or assist another person to violate this title or a rule made
3283 by the Wildlife Board under this title and in accordance with Title 63G, Chapter 3, Utah
3284 Administrative Rulemaking Act.
3285 (b) The penalty for violating this Subsection (2) is the same as for the provision or rule
3286 for which aid or assistance is given.
3287 Section 124. Section 23A-5-302, which is renumbered from Section 23-13-4 is
3288 renumbered and amended to read:
3289 [
3290 penalty.
3291 [
3292 protected wildlife except as provided by this [
3293 the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3294 Act.
3295 (2) A person who violates this section is subject to the penalty provided in Section
3296 23A-5-301.
3297 Section 125. Section 23A-5-303, which is renumbered from Section 23-13-5 is
3298 renumbered and amended to read:
3299 [
3300 unlawful -- Criminal penalty.
3301 [
3302 (a) import into or export from the state [
3303 wildlife; or [
3304 (b) possess or release from captivity [
3305 described in Subsection (1)(a).
3306 (2) Notwithstanding Subsection (1), a person may engage in an act described in
3307 Subsection (1) if:
3308 (a) provided for in this [
3309 Wildlife Board [
3310 Rulemaking Act; and
3311 (b) the person first [
3312
3313 (3) A person who violates this section is subject to the penalty provided in Section
3314 23A-5-301.
3315 Section 126. Section 23A-5-304, which is renumbered from Section 23-13-13 is
3316 renumbered and amended to read:
3317 [
3318 penalty.
3319 [
3320 commercial venture for financial gain except as provided in this [
3321
3322 Administrative Rulemaking Act.
3323 (2) A person who violates this section is subject to the penalty provided in Section
3324 23A-5-301.
3325 Section 127. Section 23A-5-305, which is renumbered from Section 23-13-14 is
3326 renumbered and amended to read:
3327 [
3328 (1) (a) A person may not release or transplant a live terrestrial or aquatic wildlife into
3329 the wild:
3330 (i) without a certificate of registration issued by the division authorizing the release; or
3331 (ii) except as provided in this title and rules [
3332 Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3333 (b) The division may only authorize the transplanting of big game, turkeys, wolves,
3334 threatened or endangered species, or sensitive species as provided in Section [
3335 23A-2-209.
3336 (2) Except as provided in [
3337 Subsection (1) is guilty of a class A misdemeanor.
3338 [
3339
3340
3341
3342
3343 Section 128. Section 23A-5-306 is enacted to read:
3344 23A-5-306. Import, transport, or release of threatened or endangered species --
3345 Criminal penalty.
3346 (1) A person may not knowingly and without lawful authority import, transport, or
3347 release a live species of wildlife that the person knows is listed as threatened or endangered, or
3348 is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3349 the intent to establish the presence of that species in an area of the state not currently known to
3350 be occupied by a reproducing population of that species.
3351 (2) A person who violates Subsection (1) is guilty of a third degree felony.
3352 Section 129. Section 23A-5-307, which is renumbered from Section 23-13-18 is
3353 renumbered and amended to read:
3354 [
3355 wildlife prohibited -- Trail cameras -- Criminal penalty.
3356 (1) As used in this section, "trail camera" means a device that is not held or manually
3357 operated by a person and is used to capture images, video, or location data of wildlife using
3358 heat or motion to trigger the device.
3359 [
3360 aiming and discharge of a firearm or other weapon for hunting an animal.
3361 [
3362 [
3363
3364
3365 [
3366 Act, the Wildlife Board shall make rules regulating the use of trail cameras.
3367 [
3368 Agriculture, and Environment Interim Committee regarding rules made or changed in
3369 accordance with this Subsection [
3370 (c) A person who violates rules made by the Wildlife Board under this Subsection (4)
3371 is subject to the penalty provided in Section 23A-5-301.
3372 Section 130. Section 23A-5-308, which is renumbered from Section 23-13-19 is
3373 renumbered and amended to read:
3374 [
3375 prohibited -- Exceptions -- Criminal penalty.
3376 (1) For purposes of this section:
3377 (a) "Administer" means the application of a substance by any method, including:
3378 (i) injection;
3379 (ii) inhalation;
3380 (iii) ingestion; or
3381 (iv) absorption.
3382 (b) "Agricultural producer" means a person who produces an agricultural product.
3383 (c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
3384 (d) "Substance" means a chemical or organic substance that:
3385 (i) pacifies;
3386 (ii) sedates;
3387 (iii) immobilizes;
3388 (iv) harms;
3389 (v) kills;
3390 (vi) controls fertility; or
3391 (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
3392 (2) Except as authorized by Subsection [
3393 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may
3394 not administer or attempt to administer a substance to protected wildlife.
3395 (3) A person who violates this section is subject to the penalty provided in Section
3396 23A-5-301.
3397 [
3398 may administer a substance to protected wildlife if that employee or person administers the
3399 substance to promote wildlife management and conservation.
3400 (b) One or more of the following may administer a substance to protected wildlife that
3401 the person is authorized by this title, the Wildlife Board, or the division to possess:
3402 (i) a licensed veterinarian;
3403 (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
3404 (iii) a person who is following written instructions for veterinary care from a licensed
3405 veterinarian.
3406 [
3407 under this section for administering a substance, notwithstanding the substance has an effect
3408 described in Subsection (1)(d) on protected wildlife, if:
3409 (a) an agricultural producer administers the substance:
3410 (i) for the sole purpose of producing an agricultural product and not for the purpose of
3411 affecting protected wildlife in a manner described in Subsection (1)(d);
3412 (ii) consistent with generally accepted agricultural practices; and
3413 (iii) in compliance with applicable local, state, and federal law; or
3414 (b) the protected wildlife presents an immediate threat of death or serious bodily injury
3415 to a person.
3416 Section 131. Section 23A-5-309, which is renumbered from Section 23-20-3 is
3417 renumbered and amended to read:
3418 [
3419 wildlife illegal except as authorized -- Criminal penalty.
3420 (1) Except as provided in this title or a rule, proclamation, or order of the Wildlife
3421 Board, a person may not:
3422 (a) take protected wildlife or [
3423 (b) collect, import, possess, transport, propagate, store, donate, transfer, or export
3424 protected wildlife or [
3425 (c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or [
3426 wildlife parts without having previously procured the necessary licenses, permits, tags, federal
3427 stamps, certificates of registration, authorizations, and receipts required in this title or a rule,
3428 proclamation, or order of the Wildlife Board;
3429 (d) take protected wildlife with [
3430 or any part of any of these not specifically authorized in this title or a rule, proclamation, or
3431 order of the Wildlife Board;
3432 (e) possess while in pursuit of protected wildlife [
3433 implement, tool, device, or any part of any of these not specifically authorized in this title or a
3434 rule, proclamation, or order of the Wildlife Board;
3435 (f) take protected wildlife using [
3436 specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
3437 (g) take protected wildlife outside the season dates, location boundaries, and daily time
3438 frames established in rule, proclamation, or order of the Wildlife Board;
3439 (h) take protected wildlife in excess of the bag and possession limits established in
3440 rule, proclamation, or order of the Wildlife Board;
3441 (i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
3442 proclamation, or order of the Wildlife Board, or by executive order of the [
3443 pursuant to Subsection [
3444 (j) practice falconry or capture, possess, or use birds in falconry;
3445 (k) take [
3446 a motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational
3447 vehicles;
3448 (l) hold in captivity at any time any live protected wildlife;
3449 (m) use or permit a dog or other domestic or trained animal to take protected wildlife;
3450 (n) remove, damage, or destroy an occupied nest of protected wildlife;
3451 (o) release captured or captive wildlife into the wild;
3452 (p) use spotlighting to take protected wildlife;
3453 (q) employ or use a means of concealment or camouflage while taking protected
3454 wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
3455 (r) possess or use bait or other attractant to take protected wildlife which is prohibited
3456 in this title or a rule, proclamation, or order of the Wildlife Board;
3457 (s) use [
3458 this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
3459 (t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
3460 eggs;
3461 (u) [
3462 prohibited by Section 23A-5-304;
3463 (v) enter, establish, or hold a contest or tournament involving the taking of protected
3464 wildlife;
3465 (w) operate or participate in a commercial hunting area as described in Section
3466 [
3467 (x) operate or participate in a cooperative wildlife management unit as defined in
3468 Section [
3469 (2) Possession of protected wildlife without a valid license, permit, tag, certificate of
3470 registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was
3471 illegally taken and is illegally held in possession.
3472 (3) A person is [
3473 23A-5-301 if the person:
3474 (a) violates [
3475 (b) does so with criminal negligence as defined in Subsection 76-2-103(4).
3476 Section 132. Section 23A-5-310, which is renumbered from Section 23-20-3.5 is
3477 renumbered and amended to read:
3478 [
3479 penalty.
3480 (1) A person may not take or permit [
3481 Subsection [
3482 (a) protected wildlife or [
3483 (b) an occupied nest of protected wildlife; or
3484 (c) an egg of protected wildlife.
3485 (2) A person [
3486 who violates Subsection (1) is subject to the penalty provided in Section 23A-5-301.
3487 Section 133. Section 23A-5-311, which is renumbered from Section 23-20-4 is
3488 renumbered and amended to read:
3489 [
3490 penalty.
3491 (1) A person is guilty of wanton destruction of protected wildlife if that person:
3492 (a) commits an act in violation of [
3493
3494 (i) Section 23A-5-302;
3495 (ii) Section 23A-5-304;
3496 (iii) Sections 23A-9-302 through 23A-9-305;
3497 (iv) Section 23A-11-201; or
3498 (v) Subsection 23A-5-309(1);
3499 (b) captures, injures, or destroys protected wildlife; and
3500 (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
3501 76-2-103;
3502 (ii) intentionally abandons protected wildlife or a carcass;
3503 (iii) commits the offense at night with the use of a weapon;
3504 (iv) is under a court or division revocation of a license, tag, permit, or certificate of
3505 registration; or
3506 (v) acts for pecuniary gain.
3507 [
3508 [
3509 [
3510 [
3511 [
3512 [
3513 (a) [
3514 (i) the aggregate value of the protected wildlife determined by the values in Subsection
3515 [
3516 (ii) a trophy animal was captured, injured, or destroyed;
3517 (b) [
3518 determined by the values established in Subsection [
3519 exceed $500; and
3520 (c) [
3521 determined by the values established in Subsection [
3522 [
3523 23A-5-312(2), the following values are assigned to protected wildlife for the purpose of
3524 determining the offense for wanton destruction of wildlife:
3525 (a) $1,000 per animal for:
3526 (i) bison;
3527 (ii) bighorn sheep;
3528 (iii) rocky mountain goat;
3529 (iv) moose;
3530 (v) bear;
3531 (vi) peregrine falcon;
3532 (vii) bald eagle; or
3533 (viii) endangered species;
3534 (b) $750 per animal for:
3535 (i) elk; or
3536 (ii) threatened species;
3537 (c) $500 per animal for:
3538 (i) cougar;
3539 (ii) golden eagle;
3540 (iii) river otter; or
3541 (iv) gila monster;
3542 (d) $400 per animal for:
3543 (i) pronghorn antelope; or
3544 (ii) deer;
3545 (e) $350 per animal for bobcat;
3546 (f) $100 per animal for:
3547 (i) swan;
3548 (ii) sandhill crane;
3549 (iii) turkey;
3550 (iv) pelican;
3551 (v) loon;
3552 (vi) egrets;
3553 (vii) herons;
3554 (viii) raptors, except those that are threatened or endangered;
3555 (ix) Utah milk snake; or
3556 (x) Utah mountain king snake;
3557 (g) $35 per animal for furbearers, except:
3558 (i) bobcat;
3559 (ii) river otter; and
3560 (iii) threatened or endangered species;
3561 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
3562 largemouth bass, smallmouth bass, and wiper;
3563 (i) $15 per animal for game birds, except:
3564 (i) turkey;
3565 (ii) swan; and
3566 (iii) sandhill crane;
3567 (j) $10 per animal for game fish not listed in Subsection [
3568 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3569 (l) $5 per animal for protected wildlife not listed.
3570 [
3571 person who has been convicted of a third degree felony under Subsection [
3572 subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8(4).
3573 [
3574 incarceration of not less than 20 consecutive days for a person convicted of a third degree
3575 felony under Subsection [
3576 pecuniary gain.
3577 [
3578 Subsection [
3579 (2)(a)(ii) is punishable by, as part of a sentence imposed, a sentence of incarceration of not less
3580 than 20 consecutive days.
3581 [
3582 (6) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence
3583 unless the court finds mitigating circumstances justifying lesser punishment and makes that
3584 finding a part of the court record.
3585 (8) Subsection (1) does not apply to actions taken in accordance with:
3586 (a) Title 4, Chapter 14, Utah Pesticide Control Act;
3587 (b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
3588 (c) Section 23A-8-403.
3589 Section 134. Section 23A-5-312, which is renumbered from Section 23-20-4.5 is
3590 renumbered and amended to read:
3591 [
3592 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
3593 destruction of protected wildlife, other than a trophy animal, the court may order the defendant
3594 to pay restitution:
3595 (a) as set forth in Subsection (2); or
3596 (b) in a greater or lesser amount than the amount established in Subsection (2).
3597 (2) Suggested minimum restitution values for protected wildlife are as follows:
3598 (a) $1,000 per animal for:
3599 (i) bison;
3600 (ii) bighorn sheep;
3601 (iii) rocky mountain goat;
3602 (iv) moose;
3603 (v) bear;
3604 (vi) peregrine falcon;
3605 (vii) bald eagle; or
3606 (viii) endangered species;
3607 (b) $750 per animal for:
3608 (i) elk; or
3609 (ii) threatened species;
3610 (c) $500 per animal for:
3611 (i) golden eagle;
3612 (ii) river otter; or
3613 (iii) gila monster;
3614 (d) $400 per animal for:
3615 (i) pronghorn antelope; or
3616 (ii) deer;
3617 (e) $350 per animal for:
3618 (i) cougar; or
3619 (ii) bobcat;
3620 (f) $100 per animal for:
3621 (i) swan;
3622 (ii) sandhill crane;
3623 (iii) turkey;
3624 (iv) pelican;
3625 (v) loon;
3626 (vi) egrets;
3627 (vii) herons;
3628 (viii) raptors, except those that are threatened or endangered;
3629 (ix) Utah milk snake; or
3630 (x) Utah mountain king snake;
3631 (g) $35 per animal for furbearers, except:
3632 (i) bobcat;
3633 (ii) river otter; and
3634 (iii) threatened or endangered species;
3635 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
3636 largemouth bass, smallmouth bass, and wiper;
3637 (i) $15 per animal for game birds, except:
3638 (i) turkey;
3639 (ii) swan; and
3640 (iii) sandhill crane;
3641 (j) $10 per animal for game fish not listed in Subsection (2)(h);
3642 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3643 (l) $5 per animal for protected wildlife not listed.
3644 (3) If the court finds that restitution is inappropriate or if the value imposed is less than
3645 the suggested minimum value as provided in Subsection (2), the court shall make the reasons
3646 for the decision part of the court record.
3647 (4) (a) The court shall order a person convicted of a third degree felony under
3648 Subsection [
3649 Subsection (4)(b).
3650 (b) The minimum restitution value for a trophy animal is as follows:
3651 (i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
3652 (ii) $8,000 per animal for deer;
3653 (iii) $8,000 per animal for elk;
3654 (iv) $6,000 per animal for moose or mountain goat;
3655 (v) $6,000 per animal for bison; and
3656 (vi) $2,000 per animal for pronghorn antelope.
3657 (5) Restitution paid under Subsection (4) shall be remitted to the division and
3658 deposited in the Wildlife Resources Account.
3659 (6) [
3660 money for activities and programs to help stop poaching, including:
3661 (a) educational programs on wildlife crime prevention;
3662 (b) acquisition and development of wildlife crime detection equipment;
3663 (c) operation and maintenance of anti-poaching projects; and
3664 (d) wildlife law enforcement training.
3665 (7) If restitution is required [
3666 (a) a fine or penalty imposed for a violation of [
3667 (b) a remedial action taken to revoke or suspend a person's license, permit, tag, or
3668 certificate of registration.
3669 (8) A judgment imposed under this section constitutes a lien when recorded in the
3670 judgment docket and shall have the same effect and is subject to the same rules as a judgment
3671 for money in a civil action.
3672 Section 135. Section 23A-5-313, which is renumbered from Section 23-20-4.7 is
3673 renumbered and amended to read:
3674 [
3675 Criminal penalty.
3676 (1) As used in this section, "convicted" includes a guilty adjudication, guilty plea, no
3677 contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title
3678 77, Chapter 2a, Pleas in Abeyance.
3679 [
3680 wildlife if the person:
3681 (a) takes a big game animal in violation of Section [
3682 (b) within seven years of the day on which the violation described in Subsection [
3683 (2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section
3684 [
3685 [
3686
3687
3688 (3) [
3689 is guilty of a third degree felony.
3690 Section 136. Section 23A-5-314, which is renumbered from Section 23-20-8 is
3691 renumbered and amended to read:
3692 [
3693 (1) [
3694 of protected wildlife except as otherwise provided:
3695 (a) in this title[
3696 (b) by rule made by the Wildlife Board under this title[
3697 63G, Chapter 3, Utah Administrative Rulemaking Act; or
3698 (c) by an order or proclamation [
3699
3700
3701 (2) A person who violates this section is subject to the penalty provided in Section
3702 23A-5-301.
3703 Section 137. Section 23A-5-315, which is renumbered from Section 23-20-12 is
3704 renumbered and amended to read:
3705 [
3706 taking wildlife unlawful -- Exceptions -- Criminal penalty.
3707 (1) [
3708 airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle,
3709 including snowmobiles and other recreational vehicles, except as provided by this [
3710 or in the rules [
3711 Chapter 3, Utah Administrative Rulemaking Act.
3712 (2) A person who violates this section is subject to the penalty provided in Section
3713 23A-5-301.
3714 [
3715 individual validly licensed to hunt [
3716 conditions specified by the Wildlife Board if the individual has:
3717 (a) paraplegia; or
3718 (b) a disability that permanently confines the individual to a wheelchair or the use of
3719 crutches.
3720 Section 138. Section 23A-5-316, which is renumbered from Section 23-20-13 is
3721 renumbered and amended to read:
3722 [
3723 -- Criminal penalty.
3724 (1) A person may not:
3725 [
3726
3727 [
3728 [
3729
3730 (2) A person who violates this section is subject to the penalty provided in Section
3731 23A-5-301.
3732 Section 139. Section 23A-5-317, which is renumbered from Section 23-20-14 is
3733 renumbered and amended to read:
3734 [
3735 private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable
3736 to officers.
3737 (1) As used in this section:
3738 (a) "Cultivated land" means land that is readily identifiable as:
3739 (i) land whose soil is loosened or broken up for the raising of crops;
3740 (ii) land used for the raising of crops; or
3741 (iii) pasturage which is artificially irrigated.
3742 [
3743 [
3744 to enter upon private land that is either cultivated or properly posted, and shall include:
3745 (i) the signature of the owner or person in charge;
3746 (ii) the name of the person being given permission;
3747 (iii) the appropriate dates; and
3748 (iv) a general description of the property.
3749 [
3750 bright orange, or fluorescent paint are clearly displayed:
3751 (i) at [
3752 rights-of-way entering the land; or
3753 (ii) in a manner that would reasonably be expected to be seen by a person in the area.
3754 (2) (a) While taking wildlife or engaging in wildlife related activities, a person may
3755 not:
3756 (i) without permission, enter upon privately owned land that is cultivated or properly
3757 posted;
3758 (ii) enter or remain on privately owned land if the person has notice to not enter or
3759 remain on the privately owned land; or
3760 (iii) obstruct [
3761 (b) A person has notice to not enter or remain on privately owned land if:
3762 (i) the person is directed to not enter or remain on the land by:
3763 (A) the owner of the land;
3764 (B) the owner's employee; or
3765 (C) a person with apparent authority to act for the owner; or
3766 (ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
3767 would recognize as intended to exclude intruders.
3768 (c) The division shall provide "hunting by permission cards" to a landowner upon the
3769 landowner's request.
3770 (d) A person may not post:
3771 (i) private property the person does not own or legally control; or
3772 (ii) land that is open to the public as provided by Section [
3773 (3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in
3774 Section 23A-5-301 and liable for the civil damages described in Subsection (7).
3775 [
3776 license, tag, certificate of registration, or permit, relating to the activity engaged in at the time
3777 of the violation, revoked by a hearing officer.
3778 (b) A hearing officer may construe [
3779 within a five-year period as a flagrant violation and may prohibit the person from obtaining a
3780 new license, tag, certificate of registration, or permit for a period of up to five years.
3781 [
3782 performance of their duties.
3783 [
3784 [
3785 (i) to anyone holding [
3786 certificate of registration, tag, or permit to take wildlife; and
3787 (ii) by using the public media and other sources.
3788 (b) The Wildlife Board shall state restrictions in this section relating to trespassing
3789 [
3790 [
3791
3792 (7) In addition to an order for restitution under Section 77-38b-205, a person who
3793 commits a violation of Subsection (2)(a) or (d) may also be liable for:
3794 (a) the greater of:
3795 [
3796 from the violation of Subsection (2)(a) or (d); or
3797 (ii) $500[
3798 (b) reasonable attorney fees not to exceed $250, and court costs.
3799 (8) Civil damages under Subsection (7) may be collected in a separate action by the
3800 property owner or the property owner's assignee.
3801 Section 140. Section 23A-5-318, which is renumbered from Section 23-20-15 is
3802 renumbered and amended to read:
3803 [
3804 unlawful -- Criminal penalty.
3805 [
3806 (1) A person may not, without the consent of the owner or person in charge of [
3807 privately owned land[
3808 (a) tear down, mutilate, or destroy [
3809 regulates trespassing for purposes of hunting, trapping, or fishing on this land; or [
3810
3811 (b) tear down, deface, or destroy [
3812 (i) a fence or other inclosure on [
3813 (ii) a gate or bars belonging to [
3814 land.
3815 (2) A person who violates this section is subject to the penalty provided in Section
3816 23A-5-301.
3817 Section 141. Section 23A-5-319, which is renumbered from Section 23-20-18 is
3818 renumbered and amended to read:
3819 [
3820 unlawful.
3821 [
3822 (1) A person my not interfere with, intimidate, or harass a conservation officer or
3823 special deputy in the lawful performance of [
3824 duty.
3825 (2) A person who violates this section is subject to the penalty provided in Section
3826 23A-5-301.
3827 Section 142. Section 23A-5-320, which is renumbered from Section 23-20-19 is
3828 renumbered and amended to read:
3829 [
3830 unlawful.
3831 [
3832
3833 (1) A person may not fail to stop at a division roadblock or checking station when a
3834 stop sign or red or blue light is displayed.
3835 (2) A person who violates this section is subject to the penalty provided in Section
3836 23A-5-301.
3837 Section 143. Section 23A-5-321, which is renumbered from Section 23-20-29 is
3838 renumbered and amended to read:
3839 [
3840 recover damages -- Exceptions -- Criminal penalty.
3841 (1) A person [
3842 interfere with the right of a person licensed and legally hunting under Chapter [
3843 Permits, Certificates of Registration, and Tags, to take wildlife by driving, harassing, or
3844 intentionally disturbing [
3845 trapping, or predator control.
3846 (2) A person who violates this section is subject to the penalty provided in Section
3847 23A-5-301.
3848 [
3849 civil damages resulting from a violation of Subsection (1) or a restraining order to prevent a
3850 potential violation of Subsection (1).
3851 [
3852 lawful activities including ranching, mining, and recreation.
3853 Section 144. Section 23A-5-322, which is renumbered from Section 23-20-29.5 is
3854 renumbered and amended to read:
3855 [
3856 Criminal penalty.
3857 A person who intentionally interferes with a person who is licensed and taking wildlife
3858 legally under [
3859 of Registration, and Tags, or disrupts an activity involving a legal hunt, trapping, falconry, or
3860 predator control may be charged with a violation under Section 76-9-102 if that interference or
3861 disruption constitutes a violation under Section 76-9-102.
3862 Section 145. Section 23A-6-101, which is renumbered from Section 23-21-.5 is
3863 renumbered and amended to read:
3864
3865
3866 [
3867 As used in this chapter:
3868 (1) (a) "General plan" means a document that a municipality or county adopts that sets
3869 forth general guidelines for proposed future development of the land within the municipality or
3870 county [
3871 (b) "General plan" includes what is commonly referred to as a "master plan."
3872 (2) "Management plan" means a document prepared in accordance with this chapter
3873 that describes how one or more tracts of land owned or managed by the [
3874
3875 [
3876
3877 [
3878 (a) a single tract of land owned or managed by the division; or
3879 (b) two or more tracts of land owned or managed by the division that are within close
3880 proximity of each other and managed as a single unit.
3881 Section 146. Section 23A-6-201, which is renumbered from Section 23-21-1 is
3882 renumbered and amended to read:
3883
3884 [
3885 Authority of division.
3886 The [
3887 lands, waters, and rights-of-way by purchase, lease, agreement, gift, exchange, contribution, or
3888 any other lawful means, for authorized activities of the [
3889 division as outlined by this [
3890 Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3891 Section 147. Section 23A-6-202, which is renumbered from Section 23-21-1.5 is
3892 renumbered and amended to read:
3893 [
3894 Published notice and governor's approval required.
3895 (1) The [
3896 held in private ownership without first:
3897 (a) publishing a notice of the proposed acquisition:
3898 (i) in a newspaper of general circulation in the county in which the property is located;
3899 and
3900 (ii) as required in Section 45-1-101; and
3901 (b) obtaining the approval of the governor.
3902 (2) [
3903 held in private ownership is acquired through a purchase, donation, or other means.
3904 (3) In the case of a proposed purchase of private property, the [
3905
3906 (4) The published notice shall inform the public regarding:
3907 (a) the proposed use of the [
3908 (b) any conditions on the acquisition of the [
3909 federal government, sellers, or others specifying how the [
3910 used;
3911 (c) any changes to existing land uses that are anticipated; and
3912 (d) the public comment submission process for comments on the proposed acquisition.
3913 (5) The governor shall:
3914 (a) submit a notification of the proposed acquisition to:
3915 (i) the county executive of the county in which the real property is located;
3916 (ii) the legislators of the legislative districts in which the [
3917 located; and
3918 (iii) the School and Institutional Trust Lands Administration; and
3919 (b) invite those notified to submit [
3920 (6) After considering comments on the proposed acquisition, the governor may:
3921 (a) approve the acquisition in whole or in part; or
3922 (b) disapprove the acquisition.
3923 Section 148. Section 23A-6-203, which is renumbered from Section 23-21-2 is
3924 renumbered and amended to read:
3925 [
3926 purchased by division.
3927 [
3928 [
3929 (a) first submit the proposition to the county legislative body in a regular open public
3930 meeting in the county where the real property is located; and [
3931 (b) by contractual agreement with the county legislative body, approved by the
3932 executive director [
3933 in lieu of property taxes to the county.
3934 (2) The division shall, by contractual agreement with the county legislative body in
3935 which [
3936 division is located, agree to pay annually an amount of money in lieu of wildlife resource fine
3937 money, previously paid to the county. [
3938 (3) A payment provided for in this section [
3939 (a) exceed what the regularly assessed real property taxes would be if the [
3940 property had remained in private ownership; and [
3941 (b) include [
3942 personal property located upon the [
3943 placed by the division after [
3944 Section 149. Section 23A-6-204, which is renumbered from Section 23-21-6 is
3945 renumbered and amended to read:
3946 [
3947 refuges.
3948 (1) (a) The [
3949 United States of [
3950 consider necessary, by and with the consent of the county legislative body of the county where
3951 the land or water are located and after approval of application, subject to the laws of the state
3952 [
3953 refuges in accordance with and for the purpose of the [
3954
3955 and [
3956 Act,[
3957
3958 (b) The United States may use the land or water described in this Subsection (1) as
3959 refuge for migratory birds, reserving[
3960 and criminal, of persons upon the areas [
3961 offenses against the United States are concerned.
3962 (2) (a) [
3963 [
3964 United States any interest in land or water owned or controlled by the state, except upon
3965 appropriate terms and for adequate consideration.
3966 (b) The reservation to the state of coal and other minerals in lands sold by [
3967 within areas so established and easements retained by the state to prospect for, mine, and
3968 remove the same are declared to be subject to rules and regulations prescribed from time to
3969 time by the Secretary of the Interior for the occupation, use, operation, protection, and
3970 administration of these areas as refuges for migratory birds.
3971 Section 150. Section 23A-6-301, which is renumbered from Section 23-21-2.1 is
3972 renumbered and amended to read:
3973
3974 [
3975 (1) The division shall prepare a management plan for each wildlife management area.
3976 Upon adoption of a management plan by the [
3977 lands [
3978 management plan.
3979 (2) [
3980 (a) a statement of the proposed or anticipated uses;
3981 (b) a description of [
3982 management area;
3983 (c) an inventory of the existing conditions;
3984 (d) a statement of the desired future condition of the wildlife management area;
3985 (e) a list of strategies that may be implemented to achieve the desired future condition;
3986 and
3987 (f) a description of any reallocation of forage, water, or other resource appurtenant to
3988 the land within the wildlife management area.
3989 Section 151. Section 23A-6-302, which is renumbered from Section 23-21-2.2 is
3990 renumbered and amended to read:
3991 [
3992 interested persons and local and tribal governments -- Compatibility with local
3993 government plans and existing rights.
3994 (1) The division shall invite persons who may have an interest in how the land in a
3995 wildlife management area is managed to participate in the management planning process.
3996 (2) Those persons may include:
3997 (a) persons who use, or may use, the land in a wildlife management area for:
3998 (i) agriculture, mining, or other commercial pursuits;
3999 (ii) hunting or fishing;
4000 (iii) recreation; or
4001 (iv) other uses;
4002 (b) adjacent or nearby landowners or residents; or
4003 (c) other interested parties.
4004 (3) The division shall invite local government officials to participate in the
4005 management planning process.
4006 (4) In preparing a management plan, the division shall seek to make land uses
4007 compatible with:
4008 (a) local government general plans and zoning and land use ordinances; and
4009 (b) existing rights of others within the wildlife management area.
4010 (5) (a) If the land in a wildlife management area is located within or adjacent to tribal
4011 lands, the division shall invite tribal government officials to participate in the management
4012 planning process.
4013 (b) Participation by tribal officials in the development of management plans for lands
4014 owned by the division does not waive the tribe's sovereignty.
4015 Section 152. Section 23A-6-303, which is renumbered from Section 23-21-2.3 is
4016 renumbered and amended to read:
4017 [
4018 (1) The division shall submit [
4019 Development Coordinating Committee created in Section 63L-11-401 and the Habitat Council
4020 created by the division for their review and recommendations.
4021 (2) The division shall submit [
4022 received from the Resource Development Coordinating Committee and the Habitat Council to:
4023 (a) the regional advisory council for the wildlife region in which the lands covered by
4024 the management plan are located; and
4025 (b) the regional advisory council for [
4026 management plan.
4027 (3) [
4028 make recommendations to the [
4029 (4) The [
4030 adopt the management plan with amendments, or reject the management plan.
4031 (5) (a) At the request of the [
4032 Board, the Wildlife Board may review a management plan to determine whether the plan is
4033 consistent with [
4034 [
4035 recommendations made by the Wildlife Board.
4036 Section 153. Section 23A-6-304, which is renumbered from Section 23-21-2.4 is
4037 renumbered and amended to read:
4038 [
4039 (1) [
4040 advisory council in the region where the land in a wildlife management area is located to
4041 consider the proposal to revise the management plan. The regional advisory council shall
4042 consider the proposal and advise the division.
4043 (2) The process specified in Sections [
4044 23A-6-303 shall be used to revise a management plan.
4045 Section 154. Section 23A-6-305, which is renumbered from Section 23-21-2.5 is
4046 renumbered and amended to read:
4047 [
4048 effect -- Notification to affected persons -- Compatibility with local government plans.
4049 (1) If a management plan has not been adopted by the [
4050 land owned by the division, the division may not change [
4051 until the division notifies those who may be affected by the change and local government
4052 officials.
4053 (2) When changing [
4054 make uses of division-owned land compatible with local government general plans and zoning
4055 and land use ordinances.
4056 Section 155. Section 23A-6-401, which is renumbered from Section 23-21-2.6 is
4057 renumbered and amended to read:
4058
4059 [
4060 (1) As used in this section:
4061 (a) "County sheriff" means the individual holding the office of county sheriff in the
4062 portion of a wildlife management area where target shooting will be, or is, prohibited under this
4063 section.
4064 [
4065 [
4066 recognized standard for rating fire danger.
4067 (2) Subject to Subsections (3) and (4), the division may prohibit the use of firearms for
4068 target shooting within all or part of a wildlife management area if the director finds, and the
4069 county sheriff agrees, that conditions in that portion of the wildlife management area are
4070 extremely hazardous.
4071 (3) A prohibition under this section:
4072 (a) shall undergo a formal review by the director and the county sheriff every 14 days;
4073 (b) may not prohibit an individual from legally possessing a firearm or lawfully
4074 participating in a hunt; and
4075 (c) may only remain in place for as long as extremely hazardous conditions exist in the
4076 area that is subject to the prohibition.
4077 (4) The director and the county sheriff shall:
4078 (a) via a written document, agree to the terms of a prohibition under this section,
4079 including:
4080 (i) the exact area where target shooting is prohibited; and
4081 (ii) the date when the prohibition becomes effective; and
4082 (b) comply with Subsection (4)(a) at each formal review under Subsection (3)(a).
4083 Section 156. Section 23A-6-402, which is renumbered from Section 23-21-4 is
4084 renumbered and amended to read:
4085 [
4086 reserved to public -- Exception.
4087 (1) Except as provided in Section 65A-2-5, there is reserved to the public the right of
4088 access to [
4089 government meander line or high water line of navigable waters, for the purpose of hunting,
4090 trapping, or fishing.
4091 (2) When [
4092 belonging to the state [
4093 water line of the navigable waters within the state, the lease, contract of sale, or deed shall
4094 contain a provision that:
4095 (a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing
4096 during the lawful season, except as provided by Section 65A-2-5; and
4097 (b) [
4098 [
4099 (3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or
4100 fishing as provided in this title for other lands and waters.
4101 Section 157. Section 23A-6-403, which is renumbered from Section 23-21-5 is
4102 renumbered and amended to read:
4103 [
4104 management areas, fishing waters, and for other recreational activities.
4105 (1) The Wildlife Board [
4106 lands below the 1855 meander line of the Great Salt Lake within the following townships for
4107 the creation, operation, maintenance and management of wildlife management areas, fishing
4108 waters and other recreational activities:
4109 Township 2 South, Range 5 West, S.L.B. and M.; Township 2 South, Range 4 West,
4110 S.L.B. and M.; Township 1 South, Range 5 West, S.L.B. and M.; Township 1 South, Range 4
4111 West, S.L.B. and M.; Township 1 South, Range 3 West, S.L.B. and M.; Township 1 North,
4112 Range 3 West, S.L.B. and M.; Township 1 North, Range 2 West, S.L.B. and M.; Township 2
4113 North, Range 3 West, S.L.B. and M.; Township 2 North, Range 2 West, S.L.B. and M.;
4114 Township 2 North, Range 1 West, S.L.B. and M.; Township 3 North, Range 3 West, S.L.B.
4115 and M.; Township 3 North, Range 2 West, S.L.B. and M.; Township 3 North, Range 1 West,
4116 S.L.B. and M.; Township 4 North, Range 3 West, S.L.B. and M.; Township 4 North, Range 2
4117 West, S.L.B. and M.; Sections 1, 2, 11, 12, 13, 14, 23, and 24, Township 4 North, Range 4
4118 West, S.L.B. and M.; Township 5 North, Range 3 West, S.L.B. and M.; Township 5 North,
4119 Range 4 West, S.L.B. and M.; Sections 1, 2, 3, 4, 11, and 12, Township 5 North, Range 5
4120 West, S.L.B. and M.; Township 6 North, Range 5 West, S.L.B. and M.; Township 6 North,
4121 Range 4 West, S.L.B. and M.; Township 6 North, Range 3 West, S.L.B. and M.; Township 7
4122 North, Range 5 West, S.L.B. and M.; Township 7 North, Range 4 West, S.L.B. and M.;
4123 Township 7 North, Range 3 West, S.L.B. and M.; Township 7 North, Range 2 West, S.L.B.
4124 and M.; Township 8 North, Range 5 West, S.L.B. and M.; Township 8 North, Range 4 West,
4125 S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Township 8 North, Range 2
4126 West, S.L.B. and M.; Township 9 North, Range 5 West, S.L.B. and M.; Township 9 North,
4127 Range 4 West, S.L.B. and M.; Township 11 North, Range 11 West, S.L.B. and M.; Township
4128 11 North, Range 10 West, S.L.B. and M.; Township 11 North, Range 9 West, S.L.B. and M.;
4129 Township 11 North, Range 8 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 10
4130 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 9 West, S.L.B. and M.; North
4131 1/2 of Township 10 North, Range 8 West, S.L.B. and M.
4132 (2) (a) The Wildlife Board shall establish a wildlife management area known as the
4133 "Willard Spur Waterfowl Management Area" on the unsurveyed state-owned lands below the
4134 1855 meander line of the Great Salt Lake in Sections 26, 35, 36 of Township 8 North, Range 4
4135 West, S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Sections 1, 2, 11, 12 of
4136 Township 7 North, Range 4 West, S.L.B. and M.; Township 7 North, Range 3 West, S.L.B.
4137 and M.; Sections 20, 21, 29, 30, 31 of Township 8 North, Range 2 West, S.L.B. and M.[
4138
4139 (i) lands within the May 14, 2019, boundaries of the Bear River Migratory Bird
4140 Refuge;
4141 (ii) lands within the May 14, 2019, boundaries of Harold Crane Waterfowl
4142 Management Area;
4143 (iii) lands within the May 14, 2019, boundaries of Willard Bay Reservoir; and
4144 (iv) lands within the May 14, 2019, boundaries of state mineral leases.
4145 (b) The division shall execute a memorandum of understanding with the Division of
4146 Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands
4147 described in Subsection (2)(a) as a wildlife management area.
4148 (c) The division shall manage the state-owned lands described in Subsection (2)(a) as a
4149 wildlife management area and consistent with:
4150 (i) the beneficial purposes identified in Subsection (2)(d); and
4151 (ii) a management plan created consistent with the procedures in this chapter for a
4152 management plan.
4153 (d) The division shall manage the Willard Spur Waterfowl Management Area for the
4154 following beneficial purposes:
4155 (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals,
4156 shorebirds, and other migratory and nonmigratory birds that use the Great Salt Lake ecosystem
4157 and the Great Salt Lake ecosystem's surrounding wetlands;
4158 (ii) preserving and enhancing the natural function, vegetation, and water flows under
4159 existing or acquired water rights to provide productive habitat for the species listed in
4160 Subsection (2)(d)(i);
4161 (iii) providing recreational opportunity for traditional marsh-related activities,
4162 including hunting, fishing, trapping, and wildlife viewing; and
4163 (iv) providing public access in the management area for purposes of hunting, fishing,
4164 trapping, and wildlife viewing, including access with airboats and other small watercraft.
4165 (e) The division shall provide the habitat, recreational opportunities, and public access
4166 described in Subsection (2)(d) without construction or use of an impounding dike, impounding
4167 levee, or other impounding structure.
4168 (f) Notwithstanding the purposes identified in Subsection (2)(d), the division may not
4169 prohibit year-round public airboat and small watercraft access in the management area except
4170 in selected areas during limited periods of time to protect habitat, nesting birds, or vulnerable
4171 wildlife.
4172 Section 158. Section 23A-6-404, which is renumbered from Section 23-21-7 is
4173 renumbered and amended to read:
4174 [
4175 (1) Except as authorized by statute, rule, contractual agreement, special use permit,
4176 certificate of registration, or public notice, a person may not on division land:
4177 (a) remove, extract, use, consume, or destroy [
4178 historic resource;
4179 (b) remove, extract, use, consume, or destroy [
4180 rock, or other common mineral resource, or vegetation resource, except a person may collect
4181 for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on
4182 the surface of the ground;
4183 (c) allow livestock to graze;
4184 (d) remove [
4185 (e) enter, use, or occupy division land that is posted against entry, use, or occupancy;
4186 (f) enter, use, or occupy division land as part of a group of more than 25 people, except
4187 a group may include up to 50 persons if the group consists of extended family members;
4188 (g) enter, use, or occupy division land while engaged in or part of an organized event;
4189 (h) use, occupy, destroy, move, or construct [
4190
4191 road, survey and section marker, or sign;
4192 (i) prohibit, prevent, or obstruct public entry on division lands when public entry is
4193 authorized by the division;
4194 (j) attempt to manage or control division lands in a manner inconsistent with division
4195 management plans, rules, or policies;
4196 (k) solicit, promote, negotiate, barter, sell, or trade [
4197 obtained from, division lands for commercial gain;
4198 (l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the
4199 area is posted for a different duration;
4200 (m) light a fire without taking adequate precaution to prevent spreading of the fire or
4201 leave a fire unattended;
4202 [
4203 (n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;
4204 (o) use a motorized [
4205 management plan, or posting; or
4206 (p) use division lands for [
4207 imposed by statute, rule, or by the division.
4208 (2) A person [
4209 in the amount of:
4210 (a) the value of the resource removed, destroyed, or extracted;
4211 (b) the amount of damage caused; and
4212 (c) whichever is greater of:
4213 (i) the value of [
4214 authorized activities; or
4215 (ii) the consideration which would have been charged by the division for use of the
4216 land during the period of trespass.
4217 (3) This section does not apply to division employees or division volunteers while
4218 acting in the lawful performance of [
4219 (4) Except as otherwise provided by statute, the criminal penalty for a violation of [
4220
4221 Section 159. Section 23A-7-101, which is renumbered from Section 23-23-2 is
4222 renumbered and amended to read:
4223
4224
4225 [
4226 As used in this chapter:
4227 (1) "Cooperative wildlife management unit" [
4228 area of land that is:
4229 (a) open for hunting small game, waterfowl, cougar, turkey, or big game [
4230 and
4231 (b) registered in accordance with this chapter and rules of the Wildlife Board.
4232 (2) [
4233 landowner, landowner association, or landowner association operator to perform the functions
4234 described in Section [
4235 [
4236
4237 [
4238 [
4239 [
4240
4241 [
4242
4243 (3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
4244 or other identifying document authorizing the possessor to hunt small game or waterfowl in a
4245 cooperative wildlife management unit.
4246 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
4247 possessor to hunt cougar, turkey, or big game in a cooperative wildlife management unit.
4248 [
4249 [
4250 private lands who operates a cooperative wildlife management unit.
4251 [
4252 landowner association to operate the cooperative wildlife management unit.
4253 [
4254 [
4255 [
4256 Section 160. Section 23A-7-102, which is renumbered from Section 23-23-3 is
4257 renumbered and amended to read:
4258 [
4259 The Wildlife Board [
4260 cooperative wildlife management units organized for the hunting of small game, waterfowl,
4261 cougar, turkey, or big game that in [
4262 administer and enforce [
4263 Section 161. Section 23A-7-103, which is renumbered from Section 23-23-1 is
4264 renumbered and amended to read:
4265 [
4266 [
4267 (1) provide income to landowners;
4268 (2) create satisfying hunting opportunities;
4269 (3) increase wildlife resources;
4270 (4) provide adequate protection to landowners who open their lands for hunting; and
4271 (5) provide access to public and private lands for hunting.
4272 Section 162. Section 23A-7-201, which is renumbered from Section 23-23-4 is
4273 renumbered and amended to read:
4274
4275 [
4276 (1) A landowner association shall operate a cooperative wildlife management unit as
4277 prescribed by this chapter and the rules of the Wildlife Board.
4278 (2) For purposes of this chapter, a landowner association operator may not:
4279 (a) be appointed by the division; or
4280 (b) be an employee or agent of the division.
4281 Section 163. Section 23A-7-202, which is renumbered from Section 23-23-5 is
4282 renumbered and amended to read:
4283 [
4284 (1) A landowner association may not establish or operate a cooperative wildlife
4285 management unit without first obtaining a certificate of registration from the Wildlife Board.
4286 (2) The Wildlife Board may renew annually certificates of registration if the landowner
4287 association has previously complied with this chapter and the rules of the Wildlife Board made
4288 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4289 Section 164. Section 23A-7-203, which is renumbered from Section 23-23-6 is
4290 renumbered and amended to read:
4291 [
4292 Wildlife Board.
4293 (1) The Wildlife Board shall establish season dates and boundaries for each
4294 cooperative wildlife management unit.
4295 (2) Season dates may differ from general statewide season dates.
4296 (3) At least every five years, the relevant regional advisory council and Wildlife Board
4297 shall review a cooperative wildlife management [
4298
4299 Section 165. Section 23A-7-204, which is renumbered from Section 23-23-7 is
4300 renumbered and amended to read:
4301 [
4302 Posting of boundaries.
4303 (1) The division shall provide cooperative wildlife management unit authorizations for
4304 hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
4305 (2) At least 50% of the cooperative wildlife management unit authorizations for
4306 hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
4307 offered for sale to the general public at the times and places designated on the application for a
4308 certificate of registration.
4309 (3) (a) [
4310 hunting small game or waterfowl shall consist of private land.
4311 (b) At least 75% of the acreage within the boundaries of [
4312 management unit organized for the hunting of small game or waterfowl shall be open to
4313 hunting by holders of valid authorizations.
4314 (4) (a) The division may issue cooperative wildlife management unit permits for
4315 hunting cougar, turkey, or big game to permittees:
4316 (i) qualifying through a public drawing; or
4317 (ii) named by the cooperative wildlife management unit operator.
4318 (b) The Wildlife Board may specify by rule, made in accordance with Title 63G,
4319 Chapter 3, Utah Administrative Rulemaking Act, those persons who are eligible to draw a
4320 cooperative wildlife management unit permit in a public drawing.
4321 (5) (a) [
4322 hunting cougar, turkey, or big game shall consist of private land to the extent practicable.
4323 Public land may be included within a cooperative wildlife management unit if:
4324 (i) the public land is completely surrounded by private land or is otherwise inaccessible
4325 to the general public;
4326 (ii) including public land is necessary to establish a readily identifiable boundary; or
4327 (iii) including public land is necessary to achieve cougar, turkey, or big game
4328 management objectives.
4329 (b) If [
4330 (i) the landowner association shall meet applicable federal or state land use
4331 requirements on the public land; and
4332 (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
4333 made available to the general public to reflect the proportion of public lands to private lands
4334 within the cooperative wildlife management unit.
4335 (6) [
4336 (a) clearly post [
4337 displaying signs containing information prescribed by rule of the Wildlife Board at the
4338 locations specified in Subsection [
4339 (b) provide a written copy of [
4340 of an authorization or permit.
4341 Section 166. Section 23A-7-205, which is renumbered from Section 23-23-7.5 is
4342 renumbered and amended to read:
4343 [
4344 opportunities.
4345 A landowner association shall provide [
4346 comparable hunting opportunity in terms of hunting area and number of days.
4347 Section 167. Section 23A-7-206, which is renumbered from Section 23-23-8 is
4348 renumbered and amended to read:
4349 [
4350 (1) A landowner participating in a cooperative wildlife management unit who incurs
4351 damages caused by a hunter on [
4352 receive compensation for the claim from money received for cooperative wildlife management
4353 unit authorization or permit fees collected by the landowner association.
4354 [
4355 (2) The claims under Subsection (1) shall:
4356 (a) be paid first and have priority over all other obligations of the landowner
4357 association;
4358 (b) be reviewed, investigated, and paid by the landowner association; and
4359 (c) not exceed annual revenues of a cooperative wildlife management unit.
4360 [
4361 incurs damages caused by a hunter on [
4362 liable for compensation.
4363 Section 168. Section 23A-7-207, which is renumbered from Section 23-23-9 is
4364 renumbered and amended to read:
4365 [
4366 entry by agent.
4367 (1) A landowner association may appoint one or more cooperative wildlife
4368 management unit agents to protect private property of the cooperative wildlife management
4369 unit.
4370 (2) [
4371
4372 prescribed by the Wildlife Board [
4373 cooperative wildlife management unit agent.
4374 (3) A cooperative wildlife management unit agent may refuse entry into private lands
4375 within a cooperative wildlife management unit to any person, except an owner of land within
4376 the cooperative wildlife management unit and [
4377 (a) does not have in [
4378 management unit authorization or permit;
4379 (b) endangers or has endangered human safety;
4380 (c) damages or has damaged private property within a cooperative wildlife
4381 management unit; or
4382 (d) fails or has failed to comply with reasonable rules of a landowner association.
4383 (4) In performing the functions described in this section, a cooperative wildlife
4384 management unit agent shall comply with the relevant laws of this state.
4385 (5) For purposes of this chapter, a cooperative wildlife management unit agent may
4386 not:
4387 (a) be appointed by the division or the state;
4388 (b) be an employee or agent of the division;
4389 (c) receive compensation from the division or the state to act as a cooperative wildlife
4390 management unit agent; or
4391 (d) act as a peace officer or perform the duties of a peace officer without qualifying as
4392 a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
4393 Section 169. Section 23A-7-208, which is renumbered from Section 23-23-10 is
4394 renumbered and amended to read:
4395 [
4396 Restrictions.
4397 (1) A person may not hunt in a cooperative wildlife management unit without having in
4398 [
4399 (a) a valid cooperative wildlife management unit authorization or permit or other
4400 permit as authorized by the [
4401 (b) the necessary hunting licenses[
4402 (2) A cooperative wildlife management unit authorization or permit:
4403 (a) entitles the holder to hunt only in the cooperative wildlife management unit
4404 specified on the authorization or permit pursuant to rules and proclamations of the Wildlife
4405 Board and does not entitle the holder to hunt on any other private or public land; and
4406 (b) constitutes written permission for trespass as required under Section [
4407 23A-5-317.
4408 Section 170. Section 23A-7-209, which is renumbered from Section 23-23-11 is
4409 renumbered and amended to read:
4410 [
4411 A person shall leave private property within a cooperative wildlife management unit
4412 immediately, upon request of a landowner, landowner association operator, or cooperative
4413 wildlife management unit agent, if that person:
4414 (1) does not have in that person's possession a cooperative wildlife management unit
4415 authorization or permit;
4416 (2) endangers or has endangered human safety;
4417 (3) damages or has damaged private property within a cooperative wildlife
4418 management unit; or
4419 (4) fails or has failed to comply with reasonable rules of a landowner association.
4420 Section 171. Section 23A-7-210, which is renumbered from Section 23-23-12 is
4421 renumbered and amended to read:
4422 [
4423 A person on the land of another person may not intentionally damage, disarrange, or
4424 destroy that person's property.
4425 Section 172. Section 23A-7-211, which is renumbered from Section 23-23-13 is
4426 renumbered and amended to read:
4427 [
4428 Any person who violates [
4429 misdemeanor, unless another penalty is provided elsewhere in the laws of this state.
4430 Section 173. Section 23A-7-212, which is renumbered from Section 23-23-14 is
4431 renumbered and amended to read:
4432 [
4433 [
4434 wildlife management [
4435 Chapter 14, Limitations on Landowner Liability.
4436 Section 174. Section 23A-8-101 is enacted to read:
4437
4438
4439 23A-8-101. Definitions.
4440 As used in this chapter:
4441 (1) "72 hours" means a time period that begins with the hour a request for action is
4442 made pursuant to Section 23A-8-402 and ends 72 hours later with the exclusion of any hour
4443 that occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
4444 63G-1-301.
4445 (2) "Cultivated crops" means:
4446 (a) annual or perennial crops harvested from or on cleared and planted land;
4447 (b) perennial orchard trees on cleared and planted land;
4448 (c) crop residues that have forage value for livestock; and
4449 (d) pastures.
4450 (3) "Depredation" means an act causing damage or death.
4451 (4) "Depredation mitigation plan" means the plan described in Subsection
4452 23A-8-402(2).
4453 (5) "Growing season" means the portion of a year in which local conditions permit
4454 normal plant growth.
4455 (6) "Livestock" means cattle, sheep, horses, goats, or turkeys.
4456 (7) "Management unit" means a prescribed area of contiguous land designated by the
4457 division for the purpose of managing a species of big game animal.
4458 (8) "Mitigation review panel" means the panel created under Section 23A-8-404.
4459 (9) (a) For purposes of Part 2, Damage in General, "predator" means a mountain lion or
4460 bear.
4461 (b) For purposes of Part 4, Damage by Big Game, "predator" means a cougar, bear, or
4462 coyote.
4463 (10) For purposes of Section 23A-8-302, "turkey" means a wild, free-ranging turkey
4464 and does not include a privately owned or domestic turkey.
4465 (11) "Wildlife Services Program" means a program of the United States Department of
4466 Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4467 natural resources, and to safeguard human health and safety.
4468 (12) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4469 Services specialist.
4470 (13) (a) "Wolf" means the gray wolf Canis lupus.
4471 (b) "Wolf" does not mean a wolf hybrid with a domestic dog.
4472 Section 175. Section 23A-8-201, which is renumbered from Section 23-24-1 is
4473 renumbered and amended to read:
4474
4475 [
4476 done by bear, mountain lion, wolf, or eagle.
4477 [
4478 [
4479 [
4480 [
4481 [
4482 [
4483 [
4484 damaged by a bear, mountain lion, wolf, or an eagle, the owner may receive compensation for
4485 the fair market value of the damage to the livestock.
4486 (ii) The owner of livestock may not receive compensation if the livestock is damaged
4487 by a wolf within an area where a wolf is endangered or threatened under the Endangered
4488 Species Act of 1973, 16 U.S.C. Sec. 1531, et seq.
4489 (b) To obtain [
4490 livestock shall notify the division of the damage as soon as possible, but no later than four days
4491 after the damage to the livestock is discovered.
4492 (c) The owner shall notify the division each time [
4493 discovered.
4494 [
4495 no later than 30 days after the original notification of damage to livestock was given to the
4496 division by the owner.
4497 [
4498 Food shall:
4499 (A) within 30 days after the owner files the proof of loss form, either accept or deny the
4500 claim for damages; and
4501 (B) subject to Subsections [
4502 claims to the extent money appropriated by the Legislature is available for this purpose.
4503 (ii) Money appropriated from the Wildlife Resources Account may be used to provide
4504 compensation for only up to 50% of the fair market value of [
4505 (iii) Money appropriated from the Wildlife Resources Account may not be used to
4506 provide compensation for livestock damaged by an eagle or a wolf.
4507 (iv) The division may not pay [
4508 all accepted mountain lion and bear livestock damage claims for the fiscal year.
4509 (b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a
4510 livestock owner unless the owner has filed a completed livestock form and the appropriate fee
4511 as outlined in Section 4-23-107 for the immediately preceding and current year.
4512 (c) (i) Unless the division denies a claim for the reason identified in Subsection [
4513 (3)(b), the owner may appeal the decision to a panel consisting of one person selected by the
4514 owner, one person selected by the division, and a third person selected by the first two panel
4515 members.
4516 (ii) The panel shall decide whether the division should pay all of the claim, a portion of
4517 the claim, or none of the claim.
4518 (5) [
4519
4520 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules to administer
4521 and enforce this section.
4522 Section 176. Section 23A-8-202, which is renumbered from Section 23-24-2 is
4523 renumbered and amended to read:
4524 [
4525 [
4526 [
4527 [
4528 [
4529 [
4530 [
4531 [
4532 [
4533
4534
4535 [
4536
4537 [
4538 within 96 hours of the act:
4539 (a) in a depredation case, the livestock owner, an immediate family member, or an
4540 employee of the livestock owner on a regular payroll and not specifically hired to take a
4541 predator, may take predators subject to the requirements of this section;
4542 (b) a landowner or livestock owner may notify the division of the depredation or
4543 human health and safety concerns, who may authorize a local hunter to take the offending
4544 predator or notify a wildlife specialist; or
4545 (c) the livestock owner may notify a wildlife specialist of the depredation who may
4546 take the depredating predator.
4547 [
4548 supervised by the Wildlife Services Program, while acting in the performance of the wildlife
4549 specialist's assigned duties and in accordance with procedures approved by the division.
4550 [
4551 Subsection [
4552 (i) with a weapon authorized by the division, pursuant to rules made by the Wildlife
4553 Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
4554 taking the predator; or
4555 (ii) only using snares:
4556 (A) with written authorization from the director;
4557 (B) subject to the conditions and restrictions set out in the written authorization; and
4558 (C) if the division verifies that there has been a chronic depredation situation when
4559 numerous livestock have been killed by a predator as described in rule made by the Wildlife
4560 Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4561 (b) An individual authorized in Subsection [
4562 may take no more than two bears per incident.
4563 [
4564 depredation permit to take a predator on specified private lands and public land grazing
4565 allotments with a chronic depredation situation when numerous livestock have been killed by
4566 predators.
4567 (b) The division may:
4568 (i) issue one or more depredation permits to an affected livestock owner or a designee
4569 of the affected livestock owner, provided that the livestock owner does not receive monetary
4570 consideration from the designee for the opportunity to use the depredation permit;
4571 (ii) determine the legal weapons and methods of taking allowed; and
4572 (iii) specify the area and season that the depredation permit is valid.
4573 [
4574 property of the state and shall be delivered to a division office or employee with 96 hours of the
4575 take.
4576 (b) The division may issue a predatory damage permit to a person who has taken a
4577 depredating predator under Subsection [
4578 carcass.
4579 (c) An individual who takes a predator under Subsection [
4580 acquire and use a limited entry permit or harvest objective permit in the same year.
4581 (d) Notwithstanding Subsections [
4582 one predator carcass annually.
4583 [
4584 deposited into the Wildlife Resources Account created in Section [
4585 [
4586 bear causing damage to cultivated crops on cleared and planted land pursuant to rule made by
4587 the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4588 Act.
4589 [
4590 done by a bear, mountain lion, wolf, or eagle in accordance with Section [
4591 Section 177. Section 23A-8-203, which is renumbered from Section 23-18-4 is
4592 renumbered and amended to read:
4593 [
4594 [
4595 to, private property, [
4596 beaver [
4597 (2) The Wildlife Board may grant [
4598 under conditions prescribed by [
4599 Section 178. Section 23A-8-301, which is renumbered from Section 23-17-4 is
4600 renumbered and amended to read:
4601
4602 [
4603 Damages for destroyed crops -- Limitations -- Appraisal.
4604 [
4605 (1) When pheasants damage cultivated crops on cleared and planted land, the owner of
4606 [
4607 [
4608 (2) Upon being notified of [
4609
4610 (3) When pheasants damage or destroy cultivated crops on cleared and planted land,
4611 the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the
4612 owner notifies the division of the damage within 48 hours after the damage is discovered.
4613 (4) Subject to Subsection (5), the crop owner and the division shall make an appraisal
4614 of the damage as soon after notification as possible. If the crop owner and the division are
4615 unable to agree on the fair and equitable damage, they shall call upon a third party, consisting
4616 of one or more persons acquainted with the crops concerned and pheasants, to appraise the
4617 damage.
4618 (5) If a provision of this section conflicts with the requirements of the federal
4619 Pittman-Robertson Act or the regulations issued under that act, the provisions relating to
4620 damage claims are void.
4621 Section 179. Section 23A-8-302, which is renumbered from Section 23-17-5.1 is
4622 renumbered and amended to read:
4623 [
4624 [
4625
4626 [
4627 the property may:
4628 (i) notify the division of the damage; and
4629 (ii) request that the division take action to mitigate the damage.
4630 (b) The landowner or lessee of the damaged property shall allow division staff
4631 reasonable access to the damaged property to verify and mitigate the damage.
4632 [
4633 (1)(a)(ii), the division shall investigate the damaged property and, if it appears that material
4634 damage by a turkey may continue, the division shall begin to:
4635 (i) remove or drive off the turkeys causing the damage; or
4636 (ii) implement a damage mitigation and prevention plan with the written approval of
4637 the landowner or lessee of the property.
4638 (b) As part of a damage mitigation and prevention plan described in Subsection [
4639 (2)(a)(ii), the division may:
4640 (i) schedule a depredation hunt;
4641 (ii) issue a permit to the landowner or lessee to, during a general or special season hunt
4642 authorized by the Wildlife Board, take a turkey on the property;
4643 (iii) allow the landowner or lessee to designate recipients who may obtain a mitigation
4644 permit to, during a general or special season hunt authorized by the Wildlife Board, take a
4645 turkey on the property;
4646 (iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a
4647 turkey that causes damage to the property;
4648 (v) capture and relocate, or allow the landowner or lessee to capture and relocate, a
4649 turkey that causes damage to the property; or
4650 (vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise
4651 prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable
4652 for the location of the property due to local law or public safety concerns.
4653 (c) If the division takes an action described in Subsection [
4654 division shall specify the number and sex of turkeys the landowner or lessee is authorized to
4655 take in accordance with Subsection [
4656 (d) If a landowner or lessee takes a turkey under Subsection [
4657 and the landowner or lessee shall jointly determine the number of turkeys the landowner or
4658 lessee may retain.
4659 [
4660 Act, the Wildlife Board may make rules necessary to administer [
4661 section.
4662 Section 180. Section 23A-8-401, which is renumbered from Section 23-16-2 is
4663 renumbered and amended to read:
4664
4665 [
4666 The director [
4667 game animals when [
4668
4669 The division shall sell or otherwise dispose of a big game animal removed pursuant to this
4670 section and money derived from the sale of these big game animals shall be placed in the
4671 Wildlife Resources Account.
4672 Section 181. Section 23A-8-402, which is renumbered from Section 23-16-3 is
4673 renumbered and amended to read:
4674 [
4675 irrigation equipment by big game animals -- Notice to division -- Depredation mitigation
4676 plan.
4677 (1) (a) If on private land big game animals damage cultivated crops, livestock forage,
4678 fences, or irrigation equipment, the landowner or lessee shall immediately, upon discovery of
4679 the damage, request that the division take action to alleviate the depredation problem.
4680 (b) The landowner or lessee shall allow division personnel reasonable access to the
4681 property sustaining damage to verify and alleviate the depredation problem.
4682 (2) (a) Within 72 hours after receiving the request for action under Subsection (1)(a),
4683 the division shall investigate the situation, and if it appears that depredation by big game
4684 animals may continue, the division shall:
4685 (i) remove the big game animals causing depredation; or
4686 (ii) implement a depredation mitigation plan that is approved, in writing, by the
4687 landowner or lessee.
4688 (b) A depredation mitigation plan may provide for any or all of the following:
4689 (i) the scheduling of a depredation hunt;
4690 (ii) issuing permits to the landowners or lessees, to take big game animals causing
4691 depredation during a general or special season hunt authorized by the Wildlife Board;
4692 (iii) allowing landowners or lessees to designate recipients who may obtain a
4693 mitigation permit to take big game animals on the landowner's or lessee's land during a general
4694 or special season hunt authorized by the Wildlife Board; or
4695 (iv) a description of how the division will assess and compensate the landowner or
4696 lessee under Section [
4697 equipment.
4698 (c) (i) The division shall specify the number and sex of the big game animals that may
4699 be taken pursuant to Subsections (2)(b)(ii) and (iii).
4700 (ii) [
4701 antlerless animals, if possible.
4702 (d) [
4703 antlered animal [
4704 (e) The division and the landowner or lessee shall jointly determine the number of big
4705 game animals taken pursuant to Subsection (2)(b)(ii) of which the landowner or lessee may
4706 retain possession.
4707 (f) In determining appropriate remedial action under this Subsection (2), the division
4708 shall consider:
4709 (i) the extent of damage experienced or expected in a single growing season; and
4710 (ii) [
4711 (A) participation in a cooperative wildlife management unit;
4712 (B) use of landowner association permits;
4713 (C) use of mitigation permits; and
4714 (D) charging for hunter access.
4715 (3) [
4716 lessee's land [
4717 (4) (a) If the landowner or lessee who approved the depredation mitigation plan under
4718 Subsection (2)(a)(ii) subsequently determines that the plan is not acceptable, the landowner or
4719 lessee may revoke the landowner's or lessee's approval of the plan and again request that the
4720 division take action pursuant to Subsection (2)(a)(i).
4721 (b) [
4722 Subsection (4)(a) [
4723 limit specified in Subsection (2)(a).
4724 (5) (a) The division may enter into a conservation lease with the owner or lessee of
4725 private lands for a fee or other remuneration as compensation for depredation.
4726 (b) [
4727 claimant may not unreasonably restrict hunting on the land or passage through the land to
4728 access public lands for the purpose of hunting, if those actions are necessary to control or
4729 mitigate damage by big game animals.
4730 Section 182. Section 23A-8-403, which is renumbered from Section 23-16-3.1 is
4731 renumbered and amended to read:
4732 [
4733 (1) (a) A landowner or lessee may kill big game animals damaging [
4734 crops on private land if:
4735 (i) it is necessary to protect cultivated crops;
4736 (ii) 72 hours has expired since a request for action is given pursuant to Subsection
4737 [
4738 (iii) the landowner or lessee has provided or sent written notice of an intent to kill the
4739 big game animal to the nearest regional office of the division;
4740 (iv) the landowner or lessee kills the big game animal within 90 days, or a longer
4741 period, if approved, in writing, by the division, after having requested that the division take
4742 action to prevent depredation under Subsection [
4743 (v) the killing is not prohibited by Subsection (2)(a) or (3).
4744 (b) Immediately after killing a big game animal under Subsection (1)(a), the landowner
4745 or lessee shall notify the division of the killing.
4746 (c) The carcass of a big game animal killed under Subsection (1)(a) is the property of
4747 the division and the division shall dispose of the carcass.
4748 (d) Money derived from the sale of big game animals killed shall be placed in the
4749 Wildlife Resources Account created in Section [
4750 (e) A landowner or lessee who kills big game animals pursuant to this section shall:
4751 (i) make reasonable effort to prevent the big game animals from wasting; and
4752 (ii) provide the division reasonable access to the landowner's or lessee's land to retrieve
4753 and dispose of the big game animals.
4754 (2) (a) The [
4755 Subsection (1)(a) if, within 72 hours after a landowner or lessee has requested that the division
4756 take action to remove depredating big game animals, the division:
4757 (i) determines that the restitution value of the big game animal or animals, as
4758 established under Section [
4759 cultivated crops that have been or will be damaged or consumed within a single growing
4760 season;
4761 (ii) determines that the prohibition is consistent with the management plan established
4762 under Section [
4763 (iii) notifies the landowner or lessee of the prohibition; and
4764 (iv) offers the landowner or lessee a depredation mitigation plan.
4765 (b) A landowner or lessee who is offered a depredation mitigation plan may:
4766 (i) accept the plan in writing; or
4767 (ii) refuse to accept the plan and appeal the plan, in writing, to the [
4768 (3) After a landowner or lessee has killed a big game animal under Subsection (1)(a),
4769 the [
4770 (a) the division takes the actions described in Subsections (2)(a)(i) through (iv); or
4771 (b) the mitigation review panel reviews and approves the depredation mitigation plan.
4772 Section 183. Section 23A-8-404, which is renumbered from Section 23-16-3.2 is
4773 renumbered and amended to read:
4774 [
4775 (1) A mitigation review panel may be convened to review:
4776 (a) a depredation mitigation plan; or
4777 (b) division action under Section [
4778 (2) Membership of the mitigation review panel shall consist of:
4779 (a) the [
4780 (b) (i) the commissioner of the Department of Agriculture and Food or the
4781 commissioner's designee; or
4782 (ii) a representative of agricultural interests appointed by the commissioner of the
4783 Department of Agriculture and Food; and
4784 (c) a representative of Utah State University Extension Service appointed by the Vice
4785 President and Dean for University Extension.
4786 (3) (a) The [
4787 (i) a landowner or lessee appeals a depredation mitigation plan under Subsection
4788 [
4789 (ii) the [
4790 (iii) the division receives a petition of an aggrieved party to a final division action
4791 under Section [
4792 (b) Within five business days of an appeal under Subsection [
4793 23A-8-403(2)(b)(ii) or a division request for review, the mitigation review panel shall review
4794 the depredation mitigation plan and approve or modify the plan.
4795 (c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii)
4796 in accordance with rules made by the Wildlife Board under Subsection [
4797 23A-8-405(6).
4798 (4) Judicial review of a mitigation review panel action under this section is governed
4799 by Title 63G, Chapter 4, Administrative Procedures Act.
4800 Section 184. Section 23A-8-405, which is renumbered from Section 23-16-4 is
4801 renumbered and amended to read:
4802 [
4803 equipment -- Limitations -- Appeals.
4804 (1) The division may provide compensation to claimants for damage caused by big
4805 game animals to:
4806 (a) cultivated crops on private land;
4807 (b) fences on private land; or
4808 (c) irrigation equipment on private land.
4809 (2) To be eligible to receive compensation as provided in this section, the claimant
4810 shall:
4811 (a) notify the division of the damage within 72 hours after the damage is discovered;
4812 and
4813 (b) allow division personnel reasonable access to the property to verify and alleviate
4814 the depredation problem.
4815 (3) (a) The [
4816 shall make an appraisal of the damage as soon after notification as possible.
4817 (b) In determining damage payment, the division and claimant shall consider:
4818 (i) the extent of damage experienced; and
4819 (ii) [
4820 (A) participation in a cooperative wildlife management unit;
4821 (B) use of landowner association permits;
4822 (C) use of mitigation permits; and
4823 (D) charging for hunter access.
4824 (c) The division and claimant may not include speculative damages or claims of future
4825 value in an appraisal or damage payment beyond the growing season when the damage
4826 occurred under this section.
4827 (d) In determining how to assess and compensate for damages to cultivated crops, the
4828 [
4829 (i) estimated number of big game animals that damaged or consumed cultivated crops;
4830 (ii) estimated quantity of cultivated crops damaged or consumed by big game animals;
4831 (iii) local market value of the cultivated crops that actually have been or will be
4832 damaged or consumed by big game animals;
4833 (iv) replacement value of an equivalent aged tree for perennial orchard trees; and
4834 (v) other documented costs directly incurred by the landowner or lessee because of
4835 damage to cultivated crops by big game animals.
4836 (e) If the claimant and the division are unable to agree on a fair and equitable damage
4837 payment, the claimant and division shall designate a third party, consisting of one or more
4838 persons familiar with the crops, fences, or irrigation equipment and the type of big game
4839 animals doing the damage, to appraise the damage.
4840 (4) (a) The total amount of compensation that may be provided by the division pursuant
4841 to this section and the total cost of fencing materials provided by the division to prevent crop
4842 damage may not exceed the legislative appropriation for fencing material and compensation for
4843 damaged crops, fences, and irrigation equipment.
4844 (b) (i) A claim of $1,000 or less may be paid after appraisal of the damage as provided
4845 in Subsection (3), unless the claim brings the total amount of claims submitted by the claimant
4846 in the fiscal year to an amount in excess of $1,000.
4847 (ii) A claim for damage to irrigation equipment may be paid after appraisal of the
4848 damage as provided in Subsection (3).
4849 (c) (i) A claim in excess of $1,000, or claim that brings the total amount of claims
4850 submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
4851 as follows:
4852 (A) $1,000 may be paid pursuant to the conditions of this section; and
4853 (B) the amount in excess of $1,000 may not be paid until the total amount of the
4854 approved claims of all the claimants and expenses for fencing materials for the fiscal year are
4855 determined.
4856 (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
4857 Subsection (4)(a), claims in excess of $1,000, or a claim that brings the total amount of a
4858 claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
4859 (5) The division may deny or limit compensation if the claimant:
4860 (a) fails to exercise reasonable care and diligence to avoid the loss or minimize the
4861 damage;
4862 (b) fails to provide the division reasonable access to the property;
4863 (c) fails to allow the division to use reasonable mitigation tools to alleviate the damage;
4864 (d) unreasonably restricts hunting on land under the claimant's control or passage
4865 through the land to access public lands for the purpose of hunting, after receiving written
4866 notification from the division of the necessity of allowing the hunting or access to control or
4867 mitigate damage by big game animals; or
4868 (e) fails to provide supporting evidence of cultivated crop values and claimed costs to
4869 the division during the damage appraisal process.
4870 (6) (a) The Wildlife Board shall make rules, in accordance with Title 63G, Chapter 3,
4871 Utah Administrative Rulemaking Act, and consistent with Subsection (6)(d), specifying
4872 procedures for the appeal of division actions under this section.
4873 (b) Upon the petition of an aggrieved party to a final division action, a mitigation
4874 review panel may review the action on the record and issue an order modifying or rescinding
4875 the division action.
4876 (c) A mitigation review panel may appoint a third party designated under Subsection
4877 (3)(e) for purposes of taking evidence and making recommendations for an order of the
4878 mitigation review panel. The mitigation review panel shall consider the recommendations of
4879 the designated third party in making decisions.
4880 (d) A mitigation review panel's review of final agency action and judicial review of
4881 final action by a mitigation review panel is governed by Title 63G, Chapter 4, Administrative
4882 Procedures Act.
4883 Section 185. Section 23A-9-101 is enacted to read:
4884
4885
4886 23A-9-101. Definitions.
4887 Reserved.
4888 Section 186. Section 23A-9-201, which is renumbered from Section 23-15-4 is
4889 renumbered and amended to read:
4890
4891 [
4892 after notice a misdemeanor.
4893 [
4894 (1) A person may not take water from the state streams, lakes, or reservoirs for power
4895 purposes, or for waterworks, without first furnishing and maintaining suitable screens or other
4896 devices to prevent fish from entering [
4897 system[
4898 (2) A screen or other [
4899 of the [
4900
4901 (3) A person who fails to install a screen or device within 30 days after the Wildlife
4902 Board gives notice in writing [
4903 device is guilty of a class B misdemeanor.
4904 Section 187. Section 23A-9-202, which is renumbered from Section 23-15-5 is
4905 renumbered and amended to read:
4906 [
4907 (1) [
4908 irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into [
4909 waterway containing protected aquatic wildlife [
4910 described in Subsection (2) if the person:
4911 (a) desires to drain [
4912 (b) intends to divert sufficient water from [
4913 protected aquatic wildlife [
4914 (2) If the conditions described in Subsection (1) are met, the person shall give five
4915 days' written notice to the [
4916 diversion except that under emergency conditions the person shall give reasonable notice [
4917
4918 Section 188. Section 23A-9-203, which is renumbered from Section 23-15-10 is
4919 renumbered and amended to read:
4920 [
4921 (1) A private fish pond is not required to obtain a certificate of registration from the
4922 division to receive fish from an aquaculture facility if:
4923 (a) the pond is properly screened as provided in Subsection (3)(c); and
4924 (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
4925 Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4926 (2) (a) Except as provided in Subsection (2)(b), a private fish pond or a short-term
4927 fishing event may not be developed or held on:
4928 (i) a natural lake;
4929 (ii) a natural flowing stream; or
4930 (iii) a reservoir constructed on a natural stream channel.
4931 (b) The division may authorize a private fish pond on a natural lake or reservoir
4932 constructed on a natural stream channel upon inspecting and determining:
4933 (i) the pond and inlet source of the pond neither contain wild game fish nor are likely
4934 to support [
4935 (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
4936 wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
4937 (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
4938 compliance with the requirements of this title, rules of the Wildlife Board, and applicable law;
4939 and
4940 (iv) the pond is not vulnerable to flood or high water events capable of compromising
4941 the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
4942 state.
4943 (c) [
4944 the form of a certificate of registration.
4945 (3) A person who owns or operates a private fish pond may receive a fish from an
4946 aquaculture facility if:
4947 (a) the aquaculture facility has a health approval number required by Section 4-37-501;
4948 (b) the species, strain, and reproductive capability of the fish is authorized by the
4949 Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish
4950 pond is located;
4951 (c) the private fish pond is screened in accordance with the Wildlife Board's rule, made
4952 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prevent the
4953 fish from moving into or out of the private fish pond;
4954 (d) the fish is not:
4955 (i) released from the private fish pond; or
4956 (ii) transported live to another location; and
4957 (e) the person provides the aquaculture facility with a signed statement that the private
4958 fish pond is in compliance with this section.
4959 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4960 Wildlife Board may make rules that:
4961 (a) specify the screen requirements to prevent the movement of fish into or out of the
4962 private fish pond;
4963 (b) specify the fish species that may not be stocked in a private fish pond located in the
4964 state;
4965 (c) establish a location or region where a specified species, strain, and reproductive
4966 capability of fish may be stocked in a private fish pond; and
4967 (d) specify procedures and requirements for authorizing development of a private fish
4968 pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
4969 reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
4970 (5) The division may inspect a private fish pond to verify compliance with this section
4971 and rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah
4972 Administrative Rulemaking Act.
4973 Section 189. Section 23A-9-204, which is renumbered from Section 23-15-13 is
4974 renumbered and amended to read:
4975 [
4976 A person may engage in the following activities as provided by Title 4, Chapter 37,
4977 Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and
4978 Food and Wildlife Board:
4979 (1) acquisition, importation, or possession of aquatic animals intended for use in an
4980 aquaculture or fee fishing facility;
4981 (2) transportation of aquatic animals to or from an aquaculture facility or to a fee
4982 fishing facility;
4983 (3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility;
4984 and
4985 (4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing
4986 facility.
4987 Section 190. Section 23A-9-301, which is renumbered from Section 23-15-3 is
4988 renumbered and amended to read:
4989
4990 [
4991 control.
4992 [
4993
4994 (1) Except as provided in Subsection (2), a person may not, without existing rights,
4995 divert so much water from [
4996 natural storage content of which has been increased by the construction of a dam, that the
4997 diversion unduly endangers protected aquatic wildlife.
4998 (2) A person may divert waters in a manner that would otherwise violate Subsection
4999 (1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm
5000 and flood waters.
5001 Section 191. Section 23A-9-302, which is renumbered from Section 23-15-6 is
5002 renumbered and amended to read:
5003 [
5004 [
5005 (1) A person may not pollute waters:
5006 (a) the Wildlife Board considers necessary for wildlife purposes [
5007 (b) containing protected aquatic wildlife and stoneflies (Plecoptera), mayflies
5008 (Ephemoptera), dragonflies and damsel flies (Odonata), water bugs (Hemiptera), caddis flies
5009 (Trichoptera), spongilla flies (Neuroptera), and crustaceans. [
5010 (2) Each day of pollution [
5011 Section 192. Section 23A-9-303, which is renumbered from Section 23-15-7 is
5012 renumbered and amended to read:
5013 [
5014 except as authorized.
5015 [
5016 wildlife or eggs of [
5017 provided by this [
5018 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5019 Section 193. Section 23A-9-304, which is renumbered from Section 23-15-8 is
5020 renumbered and amended to read:
5021 [
5022 authorized.
5023 [
5024 Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Procedures
5025 Act, a person may not seine:
5026 (1) for any kind of protected aquatic wildlife in [
5027 (2) to sell protected aquatic wildlife [
5028
5029 Section 194. Section 23A-9-305, which is renumbered from Section 23-15-9 is
5030 renumbered and amended to read:
5031 [
5032 unlawful except as authorized -- Exceptions.
5033 (1) [
5034 protected aquatic wildlife except as provided by this [
5035 of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative
5036 Rulemaking Act.
5037 (2) This section does not apply to tropical and goldfish species intended for exhibition
5038 or commercial purposes. [
5039 (3) An operator of a properly registered private fish pond may transport live aquatic
5040 wildlife specified by the Wildlife Board in the operator's certificate of registration.
5041 Section 195. Section 23A-10-101, which is renumbered from Section 23-27-102 is
5042 renumbered and amended to read:
5043
5044
5045 [
5046 As used in this chapter:
5047 [
5048 [
5049 may carry or contain a Dreissena mussel.
5050 (b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal
5051 watercraft, a container, a trailer, a live well, or a bilge area.
5052 [
5053 (a) drain and dry [
5054 (b) chemically or thermally treat in accordance with rule.
5055 [
5056 [
5057 [
5058 including a zebra mussel, a quagga mussel, and Conrad's false mussel.
5059 [
5060 or containing:
5061 (a) water; or
5062 (b) a Dreissena mussel.
5063 [
5064
5065 [
5066 [
5067 supply system within or outside the state that the [
5068 carrying or containing a Dreissena mussel.
5069 [
5070 [
5071 river, spring, lake, reservoir, pond, wetland, tank, and fountain.
5072 [
5073 water for irrigation, industrial, waste water treatment, or culinary use.
5074 (b) "Water supply system" includes a pump, canal, ditch, or pipeline.
5075 (c) "Water supply system" does not include a water body.
5076 Section 196. Section 23A-10-201, which is renumbered from Section 23-27-201 is
5077 renumbered and amended to read:
5078
5079 [
5080 inspection authorized.
5081 (1) Except as authorized in this title or a [
5082 may not:
5083 (a) possess, import, export, ship, or transport a Dreissena mussel;
5084 (b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel
5085 in a water body, facility, or water supply system; or
5086 (c) transport a conveyance or equipment that has been in an infested water within the
5087 previous 30 days without decontaminating the conveyance or equipment.
5088 (2) [
5089 (a) is strictly liable;
5090 (b) is guilty of an infraction; and
5091 (c) shall reimburse the state for [
5092 and decontaminating the conveyance or equipment.
5093 (3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class
5094 A misdemeanor.
5095 (4) A person may not proceed past or travel through an inspection station or
5096 administrative checkpoint, as described in Section [
5097 a conveyance during an inspection station's or administrative checkpoint's hours of operations
5098 without presenting the conveyance for inspection.
5099 (5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
5100 Section 197. Section 23A-10-202, which is renumbered from Section 23-27-202 is
5101 renumbered and amended to read:
5102 [
5103 (1) A person who discovers a Dreissena mussel within this state or has reason to
5104 believe a Dreissena mussel may exist at a specific location shall immediately report the
5105 discovery to the division.
5106 (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
5107 Section 198. Section 23A-10-301, which is renumbered from Section 23-27-301 is
5108 renumbered and amended to read:
5109
5110 [
5111 infestation.
5112 To eradicate and prevent the infestation of a Dreissena mussel, the division may:
5113 (1) (a) establish inspection stations located at or along:
5114 (i) highways, as defined in Section 72-1-102;
5115 (ii) ports of entry, if the Department of Transportation authorizes the division to use the
5116 port of entry; and
5117 (iii) publicly accessible:
5118 (A) boat ramps; and
5119 (B) conveyance launch sites; and
5120 (b) temporarily stop, detain, and inspect a conveyance or equipment that:
5121 (i) the division reasonably believes is in violation of Section [
5122 (ii) the division reasonably believes is in violation of Section [
5123 (iii) is stopped at an inspection station; or
5124 (iv) is stopped at an administrative checkpoint;
5125 (2) conduct an administrative checkpoint in accordance with Section 77-23-104;
5126 (3) detain and quarantine a conveyance or equipment as provided in Section
5127 [
5128 (4) order a person to decontaminate a conveyance or equipment; and
5129 (5) inspect the following that may contain a Dreissena mussel:
5130 (a) a water body;
5131 (b) a facility; and
5132 (c) a water supply system.
5133 Section 199. Section 23A-10-302, which is renumbered from Section 23-27-302 is
5134 renumbered and amended to read:
5135 [
5136 quarantine.
5137 (1) The division, a port-of-entry agent, or a peace officer may detain or quarantine a
5138 conveyance or equipment if:
5139 (a) the division, agent, or peace officer:
5140 (i) finds the conveyance or equipment contains a Dreissena mussel; or
5141 (ii) reasonably believes that the person transporting the conveyance or equipment is in
5142 violation of Section [
5143 (b) the person transporting the conveyance or equipment refuses to submit to an
5144 inspection authorized by Section [
5145 (2) The detainment or quarantine authorized by Subsection (1) may continue for:
5146 (a) up to five days; or
5147 (b) the period of time necessary to:
5148 (i) decontaminate the conveyance or equipment; and
5149 (ii) ensure that a Dreissena mussel is not living on or in the conveyance or equipment.
5150 Section 200. Section 23A-10-303, which is renumbered from Section 23-27-303 is
5151 renumbered and amended to read:
5152 [
5153 system.
5154 (1) Except as provided by Subsection (6), if the division detects or suspects a Dreissena
5155 mussel is present in a water body, a facility, or a water supply system, the director or the
5156 director's designee may, with the concurrence of the executive director, order:
5157 (a) the water body, facility, or water supply system closed to a conveyance or
5158 equipment;
5159 (b) restricted access by a conveyance or equipment to a water body, facility, or water
5160 supply system; or
5161 (c) a conveyance or equipment that is removed from or introduced to the water body,
5162 facility, or water supply system to be inspected, quarantined, or decontaminated in a manner
5163 and for a duration necessary to detect and prevent the infestation of a Dreissena mussel.
5164 (2) If a closure authorized by Subsection (1) lasts longer than seven days, the division
5165 shall:
5166 (a) provide a written update to the operator of the water body, facility, or water supply
5167 system every 10 days on the division's effort to address the Dreissena infestation; and
5168 (b) post the update on the division's website.
5169 (3) (a) The [
5170 notification of a state, federal, or local agency that is affected by a Dreissena mussel
5171 infestation.
5172 (b) The notification shall include:
5173 (i) the reasons for the closure, quarantine, or restriction; and
5174 (ii) methods for providing updated information to the agency.
5175 (4) When deciding the scope, duration, level, and type of restriction or a quarantine or
5176 closure location, the director shall consult with the person with the jurisdiction, control, or
5177 management responsibility over the water body, facility, or water supply system to avoid or
5178 minimize disruption of economic and recreational activity.
5179 (5) (a) A person that operates a water supply system shall cooperate with the division
5180 to implement a measure to:
5181 (i) avoid infestation by a Dreissena mussel; and
5182 (ii) control or eradicate a Dreissena mussel infestation that may occur in a water supply
5183 system.
5184 (b) (i) If a Dreissena mussel is detected, the water supply system's operator, in
5185 cooperation with the division, shall prepare and implement a plan to control or eradicate a
5186 Dreissena mussel within the water supply system.
5187 (ii) A plan required by Subsection (5)(b)(i) shall include a:
5188 (A) method for determining the scope and extent of the infestation;
5189 (B) method to control or eradicate the Dreissena mussel;
5190 (C) method to decontaminate the water supply system containing the Dreissena mussel;
5191 (D) systematic monitoring program to determine a change in the infestation; and
5192 (E) requirement to update or revise the plan in conformity with a scientific advance in
5193 the method of controlling or eradicating a Dreissena mussel.
5194 (6) (a) The division may not close or quarantine a water supply system if the operator
5195 has prepared and implemented a plan to control or eradicate a Dreissena mussel in accordance
5196 with Subsection (5).
5197 (b) (i) The division may require the operator to update a plan.
5198 (ii) If the operator fails to update or revise a plan, the division may close or quarantine
5199 the water supply system in accordance with this section.
5200 Section 201. Section 23A-10-304, which is renumbered from Section 23-27-304 is
5201 renumbered and amended to read:
5202 [
5203 (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
5204 aquatic invasive species fee of $20 on [
5205 vessel in waters of this state if:
5206 (i) the vessel is owned by a nonresident; and
5207 (ii) the vessel would otherwise be subject to registration requirements under Section
5208 73-18-7 if the vessel were owned by a resident of this state.
5209 (b) [
5210 operated by a state or federal government agency and the vessel is used within the course and
5211 scope of the duties of the agency.
5212 (c) The division shall administer and collect the fee described in Subsection (1)(a), and
5213 the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in
5214 Section [
5215 (2) Before launching a vessel on the waters of this state, a nonresident shall pay the
5216 aquatic invasive species fee as described in Subsection (1), and the vessel owner shall
5217 successfully complete an aquatic invasive species education course offered by the division.
5218 (3) (a) The division shall study options and [
5219 automated system capable of scanning, photographing, and providing real-time information
5220 regarding a conveyance's or equipment's last:
5221 (i) [
5222 (ii) [
5223 (b) The study described in Subsection (3)(a) shall evaluate the system's capability of:
5224 (i) operation with or without the use or supervision of personnel;
5225 (ii) operation 24 hours per day;
5226 (iii) capturing a state assigned number on a vessel or conveyance as described in
5227 Section 73-18-6;
5228 (iv) preserving photographic evidence of:
5229 (A) a conveyance's state assigned bow number;
5230 (B) a conveyance's or equipment's entry into a body of water, including the global
5231 positioning system location of where the conveyance is photographed; and
5232 (C) decontamination of the conveyance or equipment;
5233 (v) identifying a conveyance or equipment not owned by a resident that is entering a
5234 body of water in this state; and
5235 (vi) collecting the fee described in Subsection (1).
5236 [
5237
5238
5239 [
5240 division shall implement a pilot program to provide the services described in this Subsection
5241 (3) on or before May 1, 2021.
5242 (4) The [
5243 long as:
5244 (a) the fee for nonresidents described in Subsection (1) is no less than the resident fee
5245 described in Section 73-18-26; and
5246 (b) the fee is confirmed in the legislative fee schedule.
5247 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5248 [
5249 (a) proof of payment and other methods of verifying compliance with this section;
5250 (b) special requirements applicable on interstate water bodies in this state; and
5251 (c) other provisions necessary for the administration of the program.
5252 Section 202. Section 23A-10-305, which is renumbered from Section 23-27-306 is
5253 renumbered and amended to read:
5254 [
5255 transport.
5256 (1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in
5257 the state, a person shall:
5258 (a) remove the plugs and similar devices that prevent drainage of raw water systems on
5259 the conveyance; and
5260 (b) to the extent feasible, drain [
5261 similar compartments on the conveyance.
5262 (2) A person who fails to comply with Subsection (1) is guilty of a class C
5263 misdemeanor.
5264 Section 203. Section 23A-10-401, which is renumbered from Section 23-27-401 is
5265 renumbered and amended to read:
5266
5267 [
5268 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5269 [
5270 (1) establish the procedures and requirements for decontaminating a conveyance or
5271 equipment to prevent the introduction and infestation of a Dreissena mussel;
5272 (2) establish the requirements necessary to provide proof that a conveyance or
5273 equipment is decontaminated;
5274 (3) establish the notification procedures required in Section [
5275 (4) identify the geographic area, water body, facility, or water supply system that is
5276 infested by Dreissena mussels;
5277 (5) establish a procedure and protocol in cooperation with the Department of
5278 Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or
5279 equipment at a port-of-entry in accordance with Section [
5280 (6) are necessary to administer and enforce [
5281 Section 204. Section 23A-10-501, which is renumbered from Section 23-27-501 is
5282 renumbered and amended to read:
5283
5284 [
5285 plan.
5286 (1) As used in this section:
5287 (a) "Committee" means the Natural Resources, Agriculture, and Environment Interim
5288 Committee.
5289 (b) "Emergency response plan" means the statewide aquatic invasive species
5290 emergency response plan developed by the division in accordance with this part.
5291 (2) The division shall develop a statewide aquatic invasive species emergency response
5292 plan to address the potential spread of aquatic invasive species throughout the state.
5293 (3) In developing the emergency response plan, the division shall coordinate with
5294 public and private entities that may be necessary or helpful to remediating the potential spread
5295 of aquatic invasive species throughout the state.
5296 (4) The emergency response plan shall:
5297 (a) designate the division as the entity that [
5298 implementation of the emergency response plan;
5299 (b) provide for annual review of the emergency response plan by the division;
5300 (c) provide that the emergency response plan may only be implemented if the division
5301 detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water
5302 supply system within the state; and
5303 (d) define what constitutes a detection of aquatic invasive species at a water body,
5304 facility, or water supply system.
5305 [
5306
5307 [
5308 [
5309
5310 [
5311 [
5312 [
5313 [
5314 [
5315 [
5316 [
5317 division shall report on that event and the implementation of the emergency response plan to
5318 the committee.
5319 Section 205. Section 23A-11-101, which is renumbered from Section 23-16-1.1 is
5320 renumbered and amended to read:
5321
5322
5323 [
5324 As used in this chapter:
5325 [
5326
5327
5328
5329 (1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5330 and bison.
5331 (2) "Cultivated crops" means:
5332 (a) annual or perennial crops harvested from or on cleared and planted land;
5333 (b) perennial orchard trees on cleared and planted land;
5334 (c) crop residues that have forage value for livestock; and
5335 (d) pastures.
5336 [
5337 [
5338
5339 [
5340 the division for the purpose of managing a species of big game animal.
5341 (4) "Predator" means a cougar, bear, or coyote.
5342 [
5343 Section 206. Section 23A-11-201, which is renumbered from Section 23-16-5 is
5344 renumbered and amended to read:
5345
5346 [
5347 -- Invalid and forfeited permit or tag.
5348 (1) A person may take only one of [
5349 regardless of how many licenses or permits the person obtains, except as otherwise provided by
5350 this title or [
5351 (2) (a) If a person kills a big game animal in violation of this title, while attempting to
5352 exercise the benefits of a big game permit or big game tag, the big game permit or big game tag
5353 is invalid and the person shall forfeit the big game permit or big game tag to the division.
5354 (b) This Subsection (2) does not apply if:
5355 (i) a citation is issued for a rule violation described in Subsection (2)(a); or
5356 (ii) a warning citation for a violation described in Subsection (2)(a) is issued.
5357 (3) The division may grant a season extension to a valid, unfilled big game permit
5358 opportunity that was invalidated and forfeited under Subsection (2) if:
5359 (a) the criminal charges associated with the big game permit forfeiture are dismissed,
5360 with prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
5361 (b) the person issued the big game permit that is forfeited requests the division in
5362 writing within 60 days of a final action dismissing or acquitting that person of the criminal
5363 charges that led to the big game permit forfeiture;
5364 (c) the season extension is granted for the same species and sex, hunt unit, and season
5365 dates associated with the forfeited big game permit, as established by the Wildlife Board in the
5366 hunt year of the extension; and
5367 (d) the extension occurs in the first season immediately following dismissal of or
5368 acquittal on the criminal charges described in Subsection (3)(a).
5369 Section 207. Section 23A-11-202, which is renumbered from Section 23-16-6 is
5370 renumbered and amended to read:
5371 [
5372 The general rifle deer season may not commence each year before October 1.
5373 Section 208. Section 23A-11-203, which is renumbered from Section 23-16-11 is
5374 renumbered and amended to read:
5375 [
5376 (1) As used in this section:
5377 (a) (i) "Bait" means intentionally placing food or nutrient substances to manipulate the
5378 behavior of wildlife for the purpose of taking or attempting to take big game.
5379 (ii) "Bait" does not include:
5380 (A) the use of salt, mineral blocks, or other commonly used types of livestock
5381 supplements placed in the field by agricultural producers for normal agricultural purposes; or
5382 (B) standing crops, natural vegetation, harvested croplands, or lands or areas where
5383 seeds or grains have been scattered solely as the result of a normal agricultural planting,
5384 harvesting, post-harvest manipulation, or normal soil stabilization practice.
5385 (b) "Baited area" means [
5386 placed, including the site where bait is placed.
5387 (2) Unless authorized by a certificate of registration, [
5388 not:
5389 (a) bait big game;
5390 (b) take big game in a baited area; or
5391 (c) take big game that has been lured to or is traveling from a baited area.
5392 (3) The division may only issue a certificate of registration to allow for the baiting of
5393 big game if the division determines that baiting is necessary to:
5394 (a) alleviate substantial big game depredation on cultivated crops [
5395 (b) facilitate the removal of deer causing property damage within cities or towns.
5396 Section 209. Section 23A-11-204, which is renumbered from Section 23-20-33 is
5397 renumbered and amended to read:
5398 [
5399 animals.
5400 (1) As used in this section:
5401 (a) "Compensate" or "compensated" means anything of value in excess of $25 that is
5402 paid, loaned, given, granted, donated, or transferred to a person for or in consideration of
5403 locating or monitoring the location of big game animals.
5404 (b) "Retain" or "retained" means a written or oral agreement for the delivery of
5405 outfitting services or hunting guide services between an outfitter or hunting guide and the
5406 recipient of those services.
5407 (2) Except as provided in Subsections (3) and (4), a person may not compensate
5408 another person to locate or monitor the location of big game animals on public land in
5409 connection with or furtherance of taking a big game animal under this title.
5410 (3) A person may compensate a registered outfitter or hunting guide[
5411
5412 (a) the outfitter or hunting guide is registered and in good standing under Title 58,
5413 Chapter 79, Hunting Guides and Outfitters Registration Act;
5414 (b) the person has retained the outfitter or hunting guide and is the recipient of the
5415 outfitting services and hunting guide services, as defined in Section 58-79-102;
5416 (c) the person possesses the licenses and permits required to take a big game animal;
5417 (d) the person retains and uses not more than one outfitter or hunting guide in
5418 connection with taking a big game animal; and
5419 (e) the retained outfitter or hunting guide uses no more than one compensated
5420 individual in locating or monitoring the location of big game animals on public land.
5421 (4) A registered outfitter or registered hunting guide in good standing may compensate
5422 another person to locate or monitor the location of big game animals on public land if:
5423 (a) the outfitter or hunting guide has been retained by the recipient of the outfitting
5424 services or hunting guide services to assist the recipient take a big game animal on public land;
5425 (b) the recipient possesses the licenses and permits required to take a big game animal;
5426 (c) the recipient is not simultaneously using another outfitter or hunting guide to assist
5427 in taking the same species and sex of big game animal; and
5428 (d) the outfitter or hunting guide compensates not more than one other individual to
5429 locate or monitor the location of big game animals in connection with assisting the recipient
5430 take a big game animal on public land.
5431 (5) A violation of:
5432 (a) this section constitutes an unlawful take under Section [
5433 (b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502,
5434 and 58-79-501.
5435 Section 210. Section 23A-11-205, which is renumbered from Section 23-20-31 is
5436 renumbered and amended to read:
5437 [
5438 (1) As used in this section:
5439 (a) (i) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire rifle,
5440 except as provided in Subsection (1)(a)(ii).
5441 (ii) "Centerfire rifle hunt" does not include:
5442 (A) a bighorn sheep hunt;
5443 (B) a mountain goat hunt;
5444 (C) a bison hunt;
5445 (D) a moose hunt;
5446 (E) a hunt requiring the hunter to possess a statewide conservation permit; or
5447 (F) a hunt requiring the hunter to possess a statewide sportsman permit.
5448 (b) "Statewide conservation permit" means a permit:
5449 (i) issued by the division;
5450 (ii) distributed through a nonprofit organization founded for the purpose of promoting
5451 wildlife conservation; and
5452 (iii) valid:
5453 (A) on open hunting units statewide; and
5454 (B) for the species of big game and time period designated by the Wildlife Board.
5455 (c) "Statewide sportsman permit" means a permit:
5456 (i) issued by the division through a public draw; and
5457 (ii) valid:
5458 (A) on open hunting units statewide; and
5459 (B) for the species of big game and time period designated by the Wildlife Board.
5460 (2) (a) A person shall wear a minimum of 400 square inches of hunter orange material
5461 while hunting [
5462 (b) [
5463 chest, and back.
5464 (3) A person is not required to wear the hunter orange material described in Subsection
5465 (2):
5466 (a) during the following types of hunts, unless a centerfire rifle hunt is in progress in
5467 the same area:
5468 (i) archery;
5469 (ii) muzzle-loader;
5470 (iii) mountain goat;
5471 (iv) bighorn sheep;
5472 (v) bison; or
5473 (vi) moose; or
5474 (b) as provided by a rule of the Wildlife Board made in accordance with Title 63G,
5475 Chapter 3, Utah Administrative Rulemaking Act.
5476 Section 211. Section 23A-11-301, which is renumbered from Section 23-16-7 is
5477 renumbered and amended to read:
5478
5479 [
5480 with others -- Target herd size objectives -- Reports.
5481 (1) The [
5482 (a) prepare a management plan for each deer and elk herd unit in the state; and
5483 (b) submit the plans to the Wildlife Board for [
5484 (2) Upon approval of a plan by the Wildlife Board, the division shall manage the herd
5485 unit [
5486 (3) In preparing [
5487 and state land managers, private landowners, sportsmen, and ranchers.
5488 (4) (a) [
5489 (b) In establishing target herd size objectives, the division and [
5490 shall among other factors:
5491 (i) consider available information on each unit's range carrying capacity and
5492 ownership; and
5493 (ii) seek to balance relevant multiple uses for the range.
5494 (5) Until a management plan for a herd unit is prepared in accordance with this section
5495 and approved by the [
5496
5497 [
5498
5499 [
5500 [
5501 [
5502 [
5503
5504 [
5505 [
5506 [
5507 [
5508
5509 (6) The division or Wildlife Board may revise a management plan as the division or
5510 Wildlife Board determines necessary. A revised plan shall be prepared in accordance with
5511 Subsections (3) and (4).
5512 Section 212. Section 23A-11-302, which is renumbered from Section 23-16-10 is
5513 renumbered and amended to read:
5514 [
5515 (1) It is the policy of the state that big game animals are of great importance to the
5516 citizens of the state, the citizen's quality of life, and the long term sustainability of the herds for
5517 future generations.
5518 [
5519 [
5520
5521 [
5522 [
5523
5524 [
5525 [
5526 director shall take immediate action to reduce the number of predators within a management
5527 unit when the big game population is under the established herd size objective for that
5528 management unit.
5529 (b) Subsection [
5530 division determines that predators are not significantly contributing to the big game population
5531 being under the herd size objective for the management unit.
5532 [
5533 management tools:
5534 (a) increasing take permits or tags for cougar and bear until the herd size objective is
5535 met;
5536 (b) allowing big game hunters to harvest predators with the appropriate permit during a
5537 big game hunting season, including issuing over-the-counter predator permits;
5538 (c) professional trapping and predator control by the United States Department of
5539 Agriculture Wildlife Services, private contracts, and the general public, including aerial control
5540 measures; and
5541 (d) other management tools as determined by the director.
5542 [
5543 implemented pursuant to this chapter and Chapter 8, Part 4, Damage by Big Game, to the
5544 Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee and
5545 Natural Resources, Agriculture, and Environment Interim Committee.
5546 Section 213. Section 23A-11-401, which is renumbered from Section 23-30-102 is
5547 renumbered and amended to read:
5548
5549 [
5550 As used in this [
5551 (1) "General predator control" means a predatory animal removal effort by the division
5552 to reduce predatory animal numbers for the benefit of mule deer.
5553 (2) [
5554 coyote.
5555 (3) "Targeted predator control" means a predatory animal removal effort by the
5556 division:
5557 (a) to reduce predatory animal numbers in an area where mule deer predation occurs;
5558 and
5559 (b) that focuses on specific locations and certain times.
5560 Section 214. Section 23A-11-402, which is renumbered from Section 23-30-104 is
5561 renumbered and amended to read:
5562 [
5563 administration for predator control.
5564 (1) The [
5565 Chapter 3, Utah Administrative Rulemaking Act, to establish programs to accomplish targeted
5566 predator control or general predator control, including programs that offer incentives or
5567 compensation to participants who remove a predatory animal that is detrimental to mule deer
5568 production.
5569 (2) The division shall:
5570 (a) administer a program established under Subsection (1);
5571 (b) coordinate with federal, state, and local governments, and private persons to
5572 accomplish the purposes of this [
5573 (c) coordinate with the Department of Agriculture and Food and the Agriculture and
5574 Wildlife Damage Prevention Board created in Section 4-23-104 to:
5575 (i) minimize unnecessary duplication of predator control efforts; and
5576 (ii) prevent interference between predator control programs administered under Title 4,
5577 Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this [
5578 (3) The division may:
5579 (a) contract with a vendor that offers targeted predator control services; and
5580 (b) prepare and distribute educational and training materials related to mule deer
5581 protection.
5582 Section 215. Section 23A-12-101 is enacted to read:
5583
5584
5585 23A-12-101. Definitions.
5586 Reserved.
5587 Section 216. Section 23A-12-201, which is renumbered from Section 23-17-5.2 is
5588 renumbered and amended to read:
5589
5590 [
5591 The Wildlife Board may establish two general season turkey hunts per year.
5592 Section 217. Section 23A-12-202, which is renumbered from Section 23-17-6 is
5593 renumbered and amended to read:
5594 [
5595 Requirements for hunters.
5596 (1) (a) A person desiring to operate a commercial hunting area within the state to
5597 permit the releasing and shooting of pen-raised birds may apply to the Wildlife Board for
5598 authorization to do so.
5599 (b) The Wildlife Board may issue the applicant a certificate of registration to operate a
5600 commercial hunting area in accordance with rules prescribed by the [
5601 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5602 (c) The Wildlife Board may determine the number of commercial hunting areas that
5603 may be established in each county of the state.
5604 (2) (a) A certificate of registration issued under Subsection (1) shall specify the species
5605 of birds that the applicant may propagate, keep, and release for shooting on the area covered by
5606 the certificate of registration.
5607 (b) The applicant may charge a fee for harvesting the birds specified under Subsection
5608 (2)(a).
5609 (3) (a) A person hunting within the state on a commercial hunting area shall:
5610 (i) (A) possess proof of passing a division-approved hunter education course, if the
5611 person was born after December 31, 1965; or
5612 (B) possess a trial hunting authorization issued under Section [
5613 (ii) comply with the accompaniment requirements of Sections [
5614
5615 (iii) have the permission of the owner or operator of the commercial hunting area.
5616 (b) The operator of a commercial hunting area shall verify that each hunter on the
5617 commercial hunting area meets the requirements of Subsection (3)(a)(i).
5618 (4) Hunting on commercial hunting areas is permitted only during the commercial
5619 hunting area season prescribed by the Wildlife Board.
5620 Section 218. Section 23A-12-203, which is renumbered from Section 23-17-7 is
5621 renumbered and amended to read:
5622 [
5623 The Wildlife Board may authorize the practice of falconry within the state [
5624 the capturing and keeping in possession of birds to be used in the practice of falconry under
5625 rules [
5626 63G, Chapter 3, Utah Administrative Rulemaking Act.
5627 Section 219. Section 23A-12-204, which is renumbered from Section 23-17-8 is
5628 renumbered and amended to read:
5629 [
5630 (1) [
5631 (2), a person may hold within the state a dog field meet or trial where dogs are permitted to
5632 work in exhibition or contest where the skill of dogs is demonstrated by locating or retrieving
5633 birds [
5634 (2) Before [
5635 in writing to the [
5636 trial under rules [
5637 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5638 Section 220. Section 23A-12-205, which is renumbered from Section 23-17-9 is
5639 renumbered and amended to read:
5640 [
5641 wildlife.
5642 The Wildlife Board may authorize the use of protected wildlife or privately owned
5643 wildlife for the training of dogs within the state [
5644
5645 Administrative Rulemaking Act.
5646 Section 221. Section 23A-12-301, which is renumbered from Section 23-32-102 is
5647 renumbered and amended to read:
5648
5649 [
5650 (1) The definitions in Section 58-79-102 apply to this [
5651 (2) (a) As used in this [
5652 property owned or managed by the [
5653 (i) primarily used for the conservation, production, or recreational harvest of ducks,
5654 mergansers, geese, brant, swans, and other waterfowl; and
5655 (ii) designated as a waterfowl management area by the Wildlife Board in accordance
5656 with Section [
5657 (b) "Waterfowl management area" includes the Willard Spur Waterfowl Management
5658 Area and the Harold Crane Waterfowl Management Area described in Section [
5659 23A-6-403.
5660 Section 222. Section 23A-12-302, which is renumbered from Section 23-32-103 is
5661 renumbered and amended to read:
5662 [
5663 (1) A commercial hunting guide or outfitter may not use a waterfowl management area
5664 for any of the following, unless the commercial hunting guide or outfitter has an annual permit,
5665 issued by the Wildlife Board pursuant to this [
5666 (a) hunting guide services or outfitter services; or
5667 (b) transportation of an individual to another area for the purpose of providing hunting
5668 guide services or outfitter services.
5669 (2) An individual may not construct a permanent blind or other permanent structure
5670 that is used for hunting within the boundaries of a waterfowl management area.
5671 Section 223. Section 23A-12-303, which is renumbered from Section 23-32-104 is
5672 renumbered and amended to read:
5673 [
5674 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5675 Wildlife Board shall make rules:
5676 (a) designating and establishing the boundaries of a waterfowl management area;
5677 (b) governing the management and use of a waterfowl management area in accordance
5678 with [
5679 (c) to create an annual permit process by which commercial hunting guides and
5680 outfitters may use waterfowl management areas in accordance with [
5681
5682 (2) The annual permit process described in Subsection (1)(c) shall:
5683 (a) preserve the opportunity for non-guided hunters to use waterfowl management
5684 areas; and
5685 (b) require a permit holder to comply with safety standards established by the Wildlife
5686 Board.
5687 (3) The division shall provide an annual report to the Natural Resources, Agriculture,
5688 and Environment Interim Committee regarding any rules made or changed in accordance with
5689 this [
5690 (4) The Wildlife Board shall publish a map of the boundaries of each waterfowl
5691 management area.
5692 (5) Nothing in this [
5693 (a) [
5694 division to manage waterfowl management areas for other beneficial purposes, including for
5695 the benefit of the public, shorebirds, waterfowl, and other protected wildlife; or
5696 (b) the authority of the division, the director [
5697 under [
5698 Section 224. Section 23A-13-101, which is renumbered from Section 23-28-102 is
5699 renumbered and amended to read:
5700
5701
5702 [
5703 As used in this chapter:
5704 (1) "Migratory bird" [
5705 715j.
5706 (2) "Migratory bird production area" means an area of land that is:
5707 (a) created under this chapter; and
5708 (b) used according to the description in Subsections [
5709 23A-13-201(1)(b)(iii)(A) [
5710 Section 225. Section 23A-13-201, which is renumbered from Section 23-28-201 is
5711 renumbered and amended to read:
5712
5713 [
5714 (1) (a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres
5715 of land in an unincorporated area may dedicate the land as a migratory bird production area by
5716 filing a notice of dedication with the county recorder of the county in which the land is located.
5717 (b) The notice of dedication shall contain:
5718 (i) the legal description of the land included within the migratory bird production area;
5719 (ii) the name of the owner or owners of the land included within the migratory bird
5720 production area; and
5721 (iii) an affidavit signed by each landowner that all of the land, except as provided by
5722 Subsection (2), within the migratory bird production area is:
5723 (A) actively managed for migratory bird:
5724 (I) production;
5725 (II) habitat; or
5726 (III) hunting; and
5727 (B) used for a purpose compatible with the purposes described in Subsection
5728 (1)(b)(iii)(A).
5729 (c) A person who files a notice of dedication under this section shall give a copy of the
5730 notice of dedication within 10 days of its filing to the legislative body of the county in which
5731 the migratory bird production area is located.
5732 (2) (a) The notice of dedication may designate land, the amount of which is less than
5733 1% of the total acreage within a migratory bird production area, upon which the landowner
5734 may build a structure described in Subsection [
5735 (b) (i) An owner may build or maintain a road, dike, or water control structure within
5736 the migratory bird production area.
5737 (ii) A road, dike, or water control structure is not considered a structure for purposes of
5738 Subsection (2)(a).
5739 (3) (a) Within 30 days of the day on which the county legislative body receives a copy
5740 of the notice of dedication under Subsection (1)(c), the county legislative body may bring an
5741 action in district court to cancel or revise a migratory bird production area on the basis that an
5742 affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
5743 (b) In bringing the action, the county legislative body shall specify the portion of the
5744 migratory bird production area and the affidavit subject to the action.
5745 (c) In an action brought under this Subsection (3), the person who files an affidavit
5746 described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that
5747 the affidavit is accurate.
5748 (d) If the court cancels or revises a migratory bird production area, the person who filed
5749 the original notice of dedication shall file a revision notice with the county recorder reflecting
5750 the court's order.
5751 (4) In accordance with Section [
5752 land to a migratory bird production area created under this section.
5753 Section 226. Section 23A-13-202, which is renumbered from Section 23-28-202 is
5754 renumbered and amended to read:
5755 [
5756 bird production area.
5757 (1) Subject to the other provisions of this section, a landowner may file a revision
5758 notice with the county recorder of the county in which the migratory bird production area is
5759 located to add land to or remove land from a migratory bird production area.
5760 (2) The revision notice shall contain:
5761 (a) a legal description of the land added to or removed from the migratory bird
5762 production area; and
5763 (b) the name of the owner or owners of the land added to or removed from the
5764 migratory bird production area.
5765 (3) A person who files a revision notice under this section shall give a copy of the
5766 revision notice within 10 days of its filing to the legislative body of the county in which the
5767 migratory bird production area is located.
5768 (4) If removing land from a migratory bird production area results in a migratory bird
5769 production area of less than 300 contiguous acres:
5770 (a) the migratory bird production area ceases to exist; and
5771 (b) the landowner shall:
5772 (i) notify each landowner within the former migratory bird production area; and
5773 (ii) file the revision notice required by this section for the entire migratory bird
5774 production area.
5775 (5) A landowner may add land to a migratory bird production area only if:
5776 (a) the land to be added is contiguous to the migratory bird production area; and
5777 (b) all the landowners of the contiguous land to be added to the migratory bird
5778 production area consent to the contiguous land being added to the migratory bird production
5779 area.
5780 (6) A landowner of a migratory bird production area may include an easement in the
5781 migratory bird production area if:
5782 (a) the landowner owns the easement;
5783 (b) the easement is on land that is contiguous to the migratory bird production area;
5784 and
5785 (c) the owner of the land where the easement is located consents to the easement being
5786 included in the migratory bird production area.
5787 Section 227. Section 23A-13-301, which is renumbered from Section 23-28-301 is
5788 renumbered and amended to read:
5789
5790 [
5791 (1) Creation of a migratory bird production area does not impair the ability of land
5792 within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part
5793 5, Farmland Assessment Act.
5794 (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland
5795 Assessment Act, is determined exclusively by [
5796 land's location within a migratory bird production area.
5797 Section 228. Section 23A-13-302, which is renumbered from Section 23-28-302 is
5798 renumbered and amended to read:
5799 [
5800 (1) (a) A county within which a migratory bird production area is located shall
5801 encourage the continuity, development, and viability of the migratory bird production area.
5802 (b) Except as otherwise specifically provided in this chapter, the purposes, uses, and
5803 activities of a migratory bird production area described in this chapter are afforded the highest
5804 priority of use status.
5805 (c) A structure, improvement, or activity historically or customarily used in
5806 conjunction with a migratory bird production area is considered a permitted use under the
5807 county's zoning law, ordinance, or regulation.
5808 (2) A county within which a migratory bird production area is located may not:
5809 (a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally
5810 associated with the migratory bird production area;
5811 (b) change the zoning designation of, or a zoning regulation applying to land within a
5812 migratory bird production area unless the county receives written approval for the change from
5813 all the landowners within the migratory bird production area; or
5814 (c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of
5815 a firearm on a migratory bird production area.
5816 (3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if
5817 it restricts or impairs the purposes, uses, and activities historically or customarily associated
5818 with a migratory bird production area.
5819 Section 229. Section 23A-13-303, which is renumbered from Section 23-28-303 is
5820 renumbered and amended to read:
5821 [
5822 (1) (a) A county shall exclude the activities described in Subsection (1)(b) from the
5823 definition of public nuisance in a county law or ordinance regulating a public nuisance.
5824 (b) An activity or occurrence normally associated with a migratory bird production area
5825 is not a nuisance, including:
5826 (i) hunting;
5827 (ii) discharging a firearm;
5828 (iii) improving habitat;
5829 (iv) trapping;
5830 (v) eradicating weeds;
5831 (vi) discing;
5832 (vii) planting;
5833 (viii) impounding water;
5834 (ix) raising a bird or other domestic animal;
5835 (x) grazing;
5836 (xi) an activity conducted in the normal course of an agricultural operation as defined
5837 in Section 4-44-102; and
5838 (xii) an odor.
5839 (2) In a civil action for nuisance or a criminal action for public nuisance under Section
5840 76-10-803, it is a complete defense if the action is:
5841 (a) normally associated with a migratory bird production area;
5842 (b) conducted within a migratory bird production area; and
5843 (c) not in violation of [
5844 (3) An owner of a new development located in whole or in part within 1,000 feet of a
5845 migratory bird production area shall provide the following notice on [
5846 county recorder:
5847
5848 This property is located in the vicinity of an established migratory bird production area
5849 in which hunting and activities related to the management and operation of land for the benefit
5850 of migratory birds have been afforded the highest priority use status. It can be anticipated that
5851 these uses and activities may now or in the future be conducted on land within the migratory
5852 bird production area. The use and enjoyment of this property is expressly conditioned on
5853 acceptance of any annoyance or inconvenience that may result from activities normally
5854 associated with a migratory bird production area."
5855 Section 230. Section 23A-13-304, which is renumbered from Section 23-28-304 is
5856 renumbered and amended to read:
5857 [
5858 A municipality may annex real property within a migratory bird production area as
5859 provided by Title 10, Chapter 2, Part 4, Annexation.
5860 Section 231. Section 23A-13-305, which is renumbered from Section 23-28-305 is
5861 renumbered and amended to read:
5862 [
5863 A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act.
5864 Section 232. Section 23A-14-101 is enacted to read:
5865
5866
5867 23A-14-101. Definitions.
5868 Reserved.
5869 Section 233. Section 23A-14-201, which is renumbered from Section 23-18-2 is
5870 renumbered and amended to read:
5871
5872 [
5873 [
5874 accordance with the rules [
5875 63G, Chapter 3, Utah Administrative Rulemaking Act.
5876 Section 234. Section 23A-14-202, which is renumbered from Section 23-18-3 is
5877 renumbered and amended to read:
5878 [
5879 Wildlife Board.
5880 [
5881 [
5882 Section 235. Section 23A-14-203, which is renumbered from Section 23-18-6 is
5883 renumbered and amended to read:
5884 [
5885 Red fox or striped skunk may be taken anytime without a license as provided by this
5886 title [
5887 Rulemaking Act, or a proclamation of the Wildlife Board.
5888 Section 236. Section 23A-15-101, which is renumbered from Section 23-29-102 is
5889 renumbered and amended to read:
5890
5891 [
5892 As used in this chapter:
5893 (1) "Endangered Species Act" means the Endangered Species Act of 1973, 16 U.S.C.
5894 Sec. 1531 et seq.
5895 [
5896 [
5897 Section 237. Section 23A-15-102, which is renumbered from Section 23-29-103 is
5898 renumbered and amended to read:
5899 [
5900 (1) Section [
5901 protected wildlife in the state.
5902 (2) The wolf [
5903 Act throughout the greater portion of the state.
5904 (3) The service is the federal agency charged with responsibility to administer the
5905 Endangered Species Act.
5906 (4) The service acknowledges that Utah is not critical to the recovery of wolves and
5907 that it does not intend to actively recover wolves in the state.
5908 (5) The division prepared a wolf management plan outlining [
5909 management objectives for the wolf in Utah when the wolf was delisted and removed from
5910 federal control.
5911 (6) The wolf management plan prepared by the division was formally submitted to the
5912 service in 2007 for approval.
5913 (7) The service has neither approved, denied, nor otherwise commented on the plan
5914 since receiving it in 2007.
5915 (8) The state formally requested, in writing on multiple occasions, that the service
5916 delist the wolf throughout Utah, and the service has failed to acknowledge or otherwise
5917 respond to [
5918 (9) The state cannot adequately or effectively manage wolves on a pack level in the
5919 small area of the state where the species is currently delisted without significantly harming
5920 other vital state interests, including livestock and big game populations.
5921 (10) It is the policy of the state to legally advocate and facilitate the delisting of wolves
5922 in Utah under the Endangered Species Act and to return wolf management authority to the
5923 state.
5924 Section 238. Section 23A-15-201, which is renumbered from Section 23-29-201 is
5925 renumbered and amended to read:
5926
5927 [
5928 (1) The division shall contact the service upon discovering a wolf in [
5929 the state where wolves are listed as threatened or endangered under the Endangered Species
5930 Act and request immediate removal of the animal from the state.
5931 (2) The division shall manage wolves to prevent the establishment of a viable pack in
5932 all areas of the state where the wolf is not listed as threatened or endangered under the
5933 Endangered Species Act until the wolf is completely delisted under the act and removed from
5934 federal control in the entire state.
5935 (3) Subsections (1) and (2) do not apply to wolves lawfully held in captivity and
5936 restrained.
5937 Section 239. Section 23A-15-202, which is renumbered from Section 23-29-202 is
5938 renumbered and amended to read:
5939 [
5940 The [
5941 63G, Chapter 3, Utah Administrative Rulemaking Act, to manage the wolf in accordance with
5942 this chapter.
5943 Section 240. Repealer.
5944 This bill repeals:
5945 Section 23-13-1, Title.
5946 Section 23-13-16, Judicial notice of proclamations.
5947 Section 23-14-2.1, Procedures -- Adjudicative proceedings.
5948 Section 23-14-11, Official seal of division.
5949 Section 23-14-16, Unexpended fund balances converted to general fund account.
5950 Section 23-17-5, Damages for destroyed crops -- Limitations -- Appraisal.
5951 Section 23-20-23, Aiding or assisting violation unlawful.
5952 Section 23-21a-1, Short title.
5953 Section 23-21a-2, Legislative findings and policy.
5954 Section 23-21a-3, State to condemn and purchase islands in Great Salt Lake --
5955 Protection of American white pelican.
5956 Section 23-21a-4, Payment of fair market value to landowners -- Impartial
5957 appraisal.
5958 Section 23-21a-5, Mineral rights retained by landowners -- Oil discovery.
5959 Section 23-21a-6, Nonlapsing appropriation for appraisal and purchase.
5960 Section 23-25-1, Short title.
5961 Section 23-25-12, Title.
5962 Section 23-27-101, Title.
5963 Section 23-28-101, Title.
5964 Section 23-29-101, Title.
5965 Section 23-30-101, Title.
5966 Section 23-31-101, Title.
5967 Section 23-32-101, Title.
5968 Section 241. Effective date.
5969 This bill takes effect on July 1, 2023.
5970 Section 242. Revisor instructions.
5971 The Legislature intends that the Office of Legislative Research and General Counsel, in
5972 preparing the Utah Code database for publication, not enroll this bill if H.B. 31, Wildlife
5973 Resources Recodification Cross References, does not pass.