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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to big game.
10 Highlighted Provisions:
11 This bill:
12 ▸ moves definitions to the provision applicable to a chapter;
13 ▸ addresses what is sufficient wearing of hunter orange while hunting big game;
14 ▸ grants the director of the Division of Wildlife Resources authority related to the
15 wearing of hunter orange by non-hunters;
16 ▸ addresses the commercial use of big game byproducts, including the payment of
17 royalties; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 23A-3-201, as renumbered and amended by Laws of Utah 2023, Chapter 103
26 23A-11-101, as renumbered and amended by Laws of Utah 2023, Chapter 103
27 23A-11-205, as renumbered and amended by Laws of Utah 2023, Chapter 103
28 ENACTS:
29 23A-11-303, Utah Code Annotated 1953
30 59-31-101, Utah Code Annotated 1953
31 59-31-102, Utah Code Annotated 1953
32 59-31-103, Utah Code Annotated 1953
33 59-31-201, Utah Code Annotated 1953
34 59-31-202, Utah Code Annotated 1953
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 23A-3-201 is amended to read:
38 23A-3-201. Wildlife Resources Account -- Unexpected fund balances converted to
39 General Fund account.
40 (1) There is created a restricted account within the General Fund known as the
41 "Wildlife Resources Account."
42 (2) The following money shall be deposited into the Wildlife Resources Account:
43 (a) revenue from the sale of licenses, permits, tags, and certificates of registration
44 issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
45 provided by this title;
46 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
47 property acquired with revenue specified in Subsection (2)(a);
48 (c) revenue from fines and forfeitures for violations of this title or a rule, proclamation,
49 or order of the Wildlife Board, minus court costs not to exceed the schedule adopted by the
50 Judicial Council;
51 (d) revenue deposited into the fund under Title 59, Chapter 31, Big Game Byproduct
52 Royalty;
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54 Section 23A-4-306;
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56 provided by this title; and
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58 (3) Money in the Wildlife Resources Account shall be used for the administration of
59 this title.
60 (4) The state auditor and director of the Division of Finance shall, at the close of the
61 fiscal year, convert into the Wildlife Resources Account the unexpended balances of the
62 Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife
63 Board for capital outlay projects or other programs that may extend beyond the close of the
64 fiscal year.
65 Section 2. Section 23A-11-101 is amended to read:
66 23A-11-101. Definitions.
67 As used in this chapter:
68 (1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
69 and bison.
70 (2) (a) "Big game byproduct" means those parts of the carcass of a lawfully taken big
71 game animal that are listed in Subsections (2)(a)(i) through (ix):
72 (i) bones with less than 1/2 inch of attached muscle tissue;
73 (ii) fat, tendons, ligaments, cartilage, and silverskin with less than 1/2 inch attached
74 muscle tissue;
75 (iii) muscle tissue damaged by wound channels and within one inch of damaged tissue;
76 (iv) head;
77 (v) rib and neck meat on deer, pronghorn, mountain goat, and bighorn sheep;
78 (vi) antlers and horns;
79 (vii) legs below the knee and hock;
80 (viii) internal organs; and
81 (ix) hide.
82 (b) Notwithstanding Subsection (2)(a), "big game byproduct" does not include:
83 (i) brain or brain tissue;
84 (ii) spine or any part of the spinal column;
85 (iii) any portion of the carcass of an animal testing positive for chronic wasting disease;
86 (iv) any carcass or portion of a carcass that otherwise fails to meet local, state, or
87 federal regulations governing processing, sale, or distribution of wild game; and
88 (v) spoiled product.
89 (3) (a) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire
90 rifle, except as provided in Subsection (3)(b).
91 (b) "Centerfire rifle hunt" does not include:
92 (i) a bighorn sheep hunt;
93 (ii) a mountain goat hunt;
94 (iii) a bison hunt;
95 (iv) a moose hunt;
96 (v) a hunt requiring the hunter to possess a statewide conservation permit; or
97 (vi) a hunt requiring the hunter to possess a statewide sportsman permit.
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99 (a) annual or perennial crops harvested from or on cleared and planted land;
100 (b) perennial orchard trees on cleared and planted land;
101 (c) crop residues that have forage value for livestock; and
102 (d) pastures.
103 (5) "Financial advantage" means an act through which a person in lawful possession of
104 a protected wildlife carcass uses or disposes of that carcass or carcass parts in a transaction for
105 which the person receives consideration or expects to recover associated costs.
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107 the division for the purpose of managing a species of big game animal.
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109 (8) "Spoiled product" means any portion of a protected wildlife carcass that is not fit
110 for human or animal consumption due to the presence of parasites, pathogens, or rot.
111 (9) "Statewide conservation permit" means a permit:
112 (a) issued by the division;
113 (b) distributed through a nonprofit organization founded for the purpose of promoting
114 wildlife conservation; and
115 (c) valid:
116 (i) on open hunting units statewide; and
117 (ii) for the species of big game and time period designated by the Wildlife Board.
118 (10) "Statewide sportsman permit" means a permit:
119 (a) issued by the division through a public draw; and
120 (b) valid:
121 (i) on open hunting units statewide; and
122 (ii) for the species of big game and time period designated by the Wildlife Board.
123 Section 3. Section 23A-11-205 is amended to read:
124 23A-11-205. Requirement to wear hunter orange -- Exceptions -- Nonhunters.
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148 (1) An individual while hunting a species of big game shall wear [
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150 the item can be seen, one or more of the following items that are primarily hunter orange
151 material, except as provided in Subsection [
152 (a) a hat;
153 (b) a shirt;
154 (c) a jacket;
155 (d) a coat;
156 (e) a vest; or
157 (f) a sweater.
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160 (2) An individual is not required to wear [
161 described in Subsection [
162 (a) during the following types of hunts, unless a centerfire rifle hunt is in progress in
163 the same area:
164 (i) archery;
165 (ii) muzzle-loader;
166 (iii) mountain goat;
167 (iv) bighorn sheep;
168 (v) bison; or
169 (vi) moose; or
170 (b) as provided by a rule of the Wildlife Board made in accordance with Title 63G,
171 Chapter 3, Utah Administrative Rulemaking Act.
172 (3) (a) The director may regulate the wearing of hunter orange by an individual who is:
173 (i) not hunting, such as a hiker, camper, or other recreational user; and
174 (ii) accessing a wildlife management area while a centerfire rifle hunt for big game is
175 in progress on the wildlife management area.
176 (b) Notwithstanding Subsection (3)(a), the director may not regulate the wearing of
177 hunter orange under this Subsection (3) by a landowner owning land inside a wildlife
178 management area or by the landowner's immediate family members.
179 (4) An individual engaged in agriculture activities is not subject to the requirements to
180 wear hunter orange under this section.
181 Section 4. Section 23A-11-303 is enacted to read:
182 23A-11-303. Big game byproduct.
183 (1) (a) Except as provided in Subsection (1)(f), a person shall obtain a certificate of
184 registration from the division to purchase, acquire, sell, barter, exchange, or trade big game
185 byproduct for financial advantage.
186 (b) To obtain a certificate of registration authorizing the purchase, sale, barter, or trade
187 of big game byproduct for financial advantage, the applicant shall:
188 (i) operate a licensed meat processing business in compliance with state and local
189 government wild game processing laws; and
190 (ii) (A) provide proof of engagement in the sale of big game byproduct before July 1,
191 2023, and have processed 500 big game animals in three out of the five consecutive calendar
192 years preceding application; or
193 (B) have processed 800 big game animals in three out of the five consecutive calendar
194 years preceding application.
195 (c) A person receiving a certificate of registration under this section shall:
196 (i) post signage in a conspicuous location of the person's business indicating the
197 person's involvement in the program regulated by this section;
198 (ii) test incoming deer, elk, and moose carcasses from the following areas for chronic
199 wasting disease:
200 (A) a state or province, other than Utah, where chronic wasting disease has been
201 detected in big game; or
202 (B) a management unit within the state that the division has designated as endemic for
203 chronic wasting disease;
204 (iii) subject to Subsection (1)(d), receive a negative test result for chronic wasting
205 disease before selling, bartering, exchanging, or trading big game byproduct from tested
206 carcasses to another person;
207 (iv) be subject to reasonable inspections of facilities that process or sell, barter,
208 exchange, or trade big game byproduct and relevant records;
209 (v) record and upon request of the division, provide the following for a big game
210 animal received:
211 (A) permit holder's name;
212 (B) permit holder's phone number;
213 (C) state for which the permit was issued;
214 (D) permit number;
215 (E) date animal was received by the processing facility;
216 (F) species associated with the permit;
217 (G) total weight of carcass, in pounds, upon arrival at the processing facility;
218 (H) weight of product, in pounds, returned to the hunter; and
219 (I) the date the certificate of registration holder submits a deer, elk, or moose carcass
220 for testing for chronic wasting disease;
221 (vi) retain records detailed in Subsection (1)(c)(v) for two years;
222 (vii) report to the division the total number of pounds of big game byproduct sold,
223 bartered, exchanged, or traded each tax year on or before the April 15 immediately following
224 the last day of that tax year; and
225 (viii) pay a royalty on the total number of pounds of big game byproduct sold, bartered,
226 exchanged, or traded each calendar year, as prescribed in Title 59, Chapter 31, Big Game
227 Byproduct Royalty.
228 (d) Notwithstanding Subsection (1)(c)(iii), a certificate of registration holder may sell,
229 barter, exchange, or trade big game byproducts if the big game byproduct is:
230 (i) not required to be tested under this section; or
231 (ii) required to be tested under this section but a lab result is not provided to the
232 certificate of registration holder within six months from the date the test sample was submitted.
233 (e) (i) The certificate of registration holder is responsible for the costs associated with
234 laboratory testing for chronic wasting disease of deer, elk, and moose carcasses from
235 out-of-state hunters, except that the certificate of registration holder may pass the cost of
236 testing to the out-of-state hunter that provides the big game byproduct.
237 (ii) The division is responsible for the costs associated with laboratory testing for
238 chronic wasting disease for deer, elk, and moose carcasses from hunters within the state, with
239 the costs being paid from the royalty revenue collected under Title 59, Chapter 31, Big Game
240 Byproduct Royalty.
241 (f) A person may purchase, acquire, sell, barter, exchange, or trade big game byproduct
242 for financial advantage without a certificate of registration, provided the big game byproduct is:
243 (i) (A) processed and individually packaged for the big game byproduct's intended end
244 use when purchased, acquired, sold, bartered, exchanged, or traded; or
245 (ii) otherwise authorized for purchase, sale, offer or possessed for sale, barter,
246 exchange, or trade by statute or administrative rule.
247 (2) Except as otherwise authorized in this title, rule, or proclamation, a person may not
248 in violation of Section 23A-5-304, purchase, sell, barter, exchange, or trade any other species
249 of lawfully taken protected wildlife or wildlife parts for financial advantage.
250 (3) A certificate of registration holder agrees to abide by applicable state and federal
251 laws.
252 (4) For a carcass testing positive for chronic wasting disease under Subsection (1)(c)
253 and that is surrendered to the division by the hunter, the person named on the certificate of
254 registration under this section may donate unclaimed processed wildlife to the client that is
255 reasonably equivalent in value to the product surrendered to the division.
256 (5) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah
257 Administrative Rulemaking Act, to enforce and administer this section.
258 Section 5. Section 59-31-101 is enacted to read:
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261 59-31-101. Definitions.
262 As used in this chapter:
263 (1) "Big game byproduct" means the same as that term is defined in Section
264 23A-11-101.
265 (2) "Tax year" means a one-year period beginning on April 1 and ending on March 31
266 of the following year,
267 Section 6. Section 59-31-102 is enacted to read:
268 59-31-102. Rulemaking.
269 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
270 commission may make rules to implement and enforce this chapter.
271 Section 7. Section 59-31-103 is enacted to read:
272 59-31-103. Penalties.
273 A person who sells, barters, exchanges, or trades big game byproduct under Section
274 23A-11-303 and fails to comply with this chapter is subject to penalties and interest as
275 provided in Sections 59-1-401 and 59-1-402.
276 Section 8. Section 59-31-201 is enacted to read:
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278 59-31-201. Big game byproduct royalty -- Royalty rate -- Commission to prepare
279 billing statement -- Deposit of revenue.
280 (1) A person shall pay for each tax year, a royalty of six cents multiplied by the total
281 number of pounds of big game byproduct sold, bartered, exchanged, or traded under authority
282 of a certificate of registration issued by the Division of Wildlife Resources under Section
283 23A-11-303.
284 (2) (a) A person that holds a certificate of registration to sell, barter, exchange, or trade
285 big game byproduct under Section 23A-11-303 shall report to the Division of Wildlife
286 Resources the total number of pounds of big game byproduct sold, bartered, exchanged, or
287 traded by that person for that tax year on or before the April 15 immediately following the last
288 day of that tax year.
289 (b) The Division of Wildlife Resources shall provide the Department of Natural
290 Resources each tax year the data received under Subsection (2)(a).
291 (c) The Department of Natural Resources shall provide the following information to
292 the commission on or before the May 1 immediately following the last day of a tax year:
293 (i) the total number of pounds of big game byproduct sold, bartered, exchanged, or
294 traded that tax year under a certificate of registration; and
295 (ii) for each person that sold, bartered, exchanged, or traded big game byproduct under
296 a certificate of registration for that tax year:
297 (A) the total number of pounds of big game byproduct sold, bartered, exchanged, or
298 traded by that person for that tax year; and
299 (B) a current billing address for that person; and
300 (iii) any additional information required by the commission.
301 (3) (a) The commission shall prepare and mail a billing statement to each person that
302 sold, bartered, exchanged, or traded big game byproduct in a tax year by May 30 immediately
303 following the last day of a tax year.
304 (b) The billing statement under Subsection (3)(a) shall specify:
305 (i) the total number of pounds of big game byproduct reported sold, bartered,
306 exchanged, or traded by that person for that tax year;
307 (ii) the big game byproduct royalty that the person owes; and
308 (iii) the date that the big game byproduct royalty payment is due, as provided in
309 Section 59-31-202.
310 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
311 commission may make rules prescribing the information required under Subsection (2)(c)(iii).
312 (4) The commission shall deposit revenue generated by the big game byproduct royalty
313 into the Wildlife Resources Account created in Section 23A-3-201.
314 Section 9. Section 59-31-202 is enacted to read:
315 59-31-202. Payment of royalty.
316 (1) A person who sells, barters, exchanges, or trades big game byproduct shall pay a
317 big game byproduct royalty pursuant to this chapter.
318 (2) A person paying a big game byproduct royalty shall include with the royalty
319 payment the billing statement prepared by the commission in accordance with Section
320 59-31-201.
321 (3) A big game byproduct royalty payment is due on the June 30 immediately
322 following the last day of the tax year.
323 Section 10. Effective date.
324 This bill takes effect on May 1, 2024.