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7 LONG TITLE
8 General Description:
9 This bill addresses wildlife.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definition provisions;
13 ▸ adjusts domicile and residency requirements;
14 ▸ modifies provisions related to donating protected wildlife;
15 ▸ addresses treatment of new development;
16 ▸ provides when political subdivisions are required to respond to wildlife incidents;
17 ▸ repeals an account related to wildlife regulation;
18 ▸ modifies provisions related to accounts;
19 ▸ enacts a fee to cover costs of electronic payments;
20 ▸ makes invalid an original license, permit, tag, or certificate of registration when a
21 duplicate one is issued;
22 ▸ clarifies tagging requirements;
23 ▸ addresses hunting species and invalid and forfeited permit or tag;
24 ▸ clarifies who has powers of law enforcement;
25 ▸ addresses transaction records for a butcher, locker, storage plant, or taxidermist;
26 ▸ addresses obstruction or interference with wildlife management activities;
27 ▸ modifies provisions under wanton destruction of protected wildlife;
28 ▸ changes to a point system certain criminal penalties;
29 ▸ adjusts the restitution values;
30 ▸ provides for enhanced penalties under certain conditions applicable to waste of
31 wildlife;
32 ▸ clarifies what constitutes permission;
33 ▸ authorizes the Division of Wildlife Resources to close a portion of a highway under
34 certain circumstances;
35 ▸ addresses the taking of antlers or horns;
36 ▸ requires the use of certain names related to birds in the management of birds and
37 habitat for birds;
38 ▸ directs the division to engage in advocacy regarding bird names;
39 ▸ modifies when the Wildlife Board is required to hold public hearings regarding
40 rules; and
41 ▸ makes technical and conforming changes.
42 Money Appropriated in this Bill:
43 This bill appropriates in fiscal year 2025:
44 ▸ to Department of Natural Resources - General Fund Restricted - Wildlife Habitat
45 Account as a one-time appropriation:
46 • from the General Fund Restricted - Wildlife Resources Trust Account,
47 One-time, $1,325,000
48 Other Special Clauses:
49 This bill provides a special effective date.
50 Utah Code Sections Affected:
51 AMENDS:
52 23A-1-101, as renumbered and amended by Laws of Utah 2023, Chapter 103
53 23A-1-103, as enacted by Laws of Utah 2023, Chapter 103
54 23A-1-202, as renumbered and amended by Laws of Utah 2023, Chapter 103
55 23A-1-205, as renumbered and amended by Laws of Utah 2023, Chapter 103
56 23A-2-201, as renumbered and amended by Laws of Utah 2023, Chapter 103
57 23A-3-201, as renumbered and amended by Laws of Utah 2023, Chapter 103
58 23A-3-208, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and
59 amended by Laws of Utah 2023, Chapter 103
60 23A-4-208, as renumbered and amended by Laws of Utah 2023, Chapter 103
61 23A-4-709, as renumbered and amended by Laws of Utah 2023, Chapter 103
62 23A-5-202, as renumbered and amended by Laws of Utah 2023, Chapter 103
63 23A-5-204, as renumbered and amended by Laws of Utah 2023, Chapter 103
64 23A-5-301, as renumbered and amended by Laws of Utah 2023, Chapter 103
65 23A-5-307, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and
66 amended by Laws of Utah 2023, Chapter 103
67 23A-5-311, as renumbered and amended by Laws of Utah 2023, Chapter 103
68 23A-5-312, as renumbered and amended by Laws of Utah 2023, Chapter 103
69 23A-5-314, as renumbered and amended by Laws of Utah 2023, Chapter 103
70 23A-5-317, as renumbered and amended by Laws of Utah 2023, Chapter 103
71 23A-6-402, as renumbered and amended by Laws of Utah 2023, Chapter 103
72 23A-11-101, as renumbered and amended by Laws of Utah 2023, Chapter 103
73 63G-3-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
74 ENACTS:
75 23A-1-206, Utah Code Annotated 1953
76 23A-3-214, Utah Code Annotated 1953
77 23A-4-1110, Utah Code Annotated 1953
78 23A-11-206, Utah Code Annotated 1953
79 23A-12-102, Utah Code Annotated 1953
80 REPEALS:
81 23A-3-213, as renumbered and amended by Laws of Utah 2023, Chapter 103
82 23A-11-201, as renumbered and amended by Laws of Utah 2023, Chapter 103
83
84 Be it enacted by the Legislature of the state of Utah:
85 Section 1. Section 23A-1-101 is amended to read:
86 23A-1-101. Definitions.
87 As used in this title:
88 (1) "Activity regulated under this title" means an act, attempted act, or activity
89 prohibited or regulated under this title or the rules and proclamations promulgated under this
90 title pertaining to protected wildlife including:
91 (a) fishing;
92 (b) hunting;
93 (c) trapping;
94 (d) taking;
95 (e) permitting a dog, falcon, or other domesticated animal to take;
96 (f) transporting;
97 (g) possessing;
98 (h) selling;
99 (i) wasting;
100 (j) importing;
101 (k) exporting;
102 (l) rearing;
103 (m) keeping;
104 (n) using as a commercial venture; and
105 (o) releasing to the wild.
106 (2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
107 (3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
108 (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
109 amphibians.
110 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
111 that one person may legally take during one day.
112 (6) "Big game" means species of hoofed protected wildlife.
113 (7) "Carcass" means the dead body of an animal or the animal's parts.
114 (8) "Certificate of registration" means a paper-based or electronic document issued
115 under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in
116 activities not covered by a license, permit, or tag.
117 (9) "Closed season" means the period of time during which the taking of protected
118 wildlife is prohibited.
119 (10) "Conservation officer" means a full-time, permanent employee of the division
120 who is POST certified as a peace or a special function officer.
121 (11) "Dedicated hunter program" means a program that provides:
122 (a) expanded hunting opportunities;
123 (b) opportunities to participate in projects that are beneficial to wildlife; and
124 (c) education in hunter ethics and wildlife management principles.
125 (12) "Department" means the Department of Natural Resources.
126 (13) "Director" means the director of the division appointed under Section 23A-2-202.
127 (14) "Division" means the Division of Wildlife Resources.
128 (15) Subject to Section 23A-1-103, "domicile" means the place:
129 (a) where an individual has a fixed permanent home and principal establishment;
130 (b) to which the individual if absent, intends to return and has an actual plan, method,
131 and means to return to the individual's domicile within six months; [
132 (c) in which the individual, and the individual's family voluntarily reside, not for a
133 special or temporary purpose, but with the intention of making a permanent home[
134 (d) is a place where the individual resides for the majority of the individual's time.
135 (16) "Endangered" means wildlife designated as endangered according to Section 3 of
136 the federal Endangered Species Act of 1973.
137 (17) "Executive director" means the executive director of the Department of Natural
138 Resources.
139 (18) "Fee fishing facility" means the same as that term is defined in Section 4-37-103.
140 (19) "Feral" means an animal that is normally domesticated but has reverted to the
141 wild.
142 (20) "Fishing" means to take fish or crayfish by any means.
143 (21) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
144 Castoridae families, except coyote and cougar.
145 (22) "Game" means wildlife normally pursued, caught, or taken by sporting means for
146 human use.
147 (23) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
148 means.
149 (24) "Hunting guide" means the same as that term is defined in Section 58-79-102.
150 (25) "Intimidate or harass" means to physically interfere with or impede, hinder, or
151 diminish the efforts of an officer in the performance of the officer's duty.
152 (26) (a) "Natural flowing stream" means a topographic low where water collects and
153 perennially or intermittently flows with a perceptible current in a channel formed exclusively
154 by forces of nature.
155 (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
156 (i) realigned or modified channel that replaces the historic, natural flowing stream
157 channel; and
158 (ii) dredged natural flowing stream channel.
159 (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
160 other water delivery system that diverts and conveys water to an approved place of use
161 pursuant to a certificated water right.
162 (27) (a) "Natural lake" means a perennial or intermittent body of water that collects on
163 the surface of the earth exclusively through the forces of nature and without human assistance.
164 (b) "Natural lake" does not mean a lake where the surface water sources supplying the
165 body of water originate from groundwater springs no more than 100 yards upstream.
166 (28) "Nominating committee" means the Wildlife Board Nominating Committee
167 created in Section 23A-2-302.
168 (29) "Nonresident" means a person who does not qualify as a resident.
169 (30) "Open season" means the period of time during which protected wildlife may be
170 legally taken.
171 (31) "Outfitter" means the same as that term is defined in Section 58-79-102.
172 (32) "Pecuniary gain" means the acquisition of money or something of monetary value.
173 (33) "Permit" means a paper-based or electronic document that grants authority to
174 engage in specified activities under this title or a rule or proclamation of the Wildlife Board.
175 (34) "Person" means an individual, association, partnership, government agency,
176 corporation, or an agent of the individual, association, partnership, government agency, or
177 corporation.
178 (35) "Pollute water" means to introduce into waters within the state matter or thermal
179 energy that:
180 (a) exceeds state water quality standards; or
181 (b) could harm protected wildlife.
182 (36) "Possession" means actual or constructive possession.
183 (37) "Possession limit" means the number of bag limits one individual may legally
184 possess.
185 (38) (a) "Private fish pond" means a pond, reservoir, or other body of water, including
186 a fish culture system, located on privately owned land where privately owned fish:
187 (i) are propagated or kept for a private noncommercial purpose; and
188 (ii) may be taken without a fishing license.
189 (b) "Private fish pond" does not include:
190 (i) an aquaculture facility;
191 (ii) a fee fishing facility;
192 (iii) a short-term fishing event; or
193 (iv) private stocking.
194 (39) "Private stocking" means an authorized release of privately owned, live fish in the
195 waters of the state not eligible as:
196 (a) a private fish pond under Section 23A-9-203; or
197 (b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
198 Act.
199 (40) "Private wildlife farm" means an enclosed place where privately owned birds or
200 furbearers are propagated or kept and that restricts the birds or furbearers from:
201 (a) commingling with wild birds or furbearers; and
202 (b) escaping into the wild.
203 (41) "Proclamation" means the publication that is:
204 (a) used to convey a statute, rule, policy, or pertinent information related to wildlife;
205 and
206 (b) issued in accordance with a rule made by the Wildlife Board under this title.
207 (42) (a) "Protected aquatic wildlife" means aquatic wildlife except as provided in
208 Subsection (42)(b).
209 (b) "Protected aquatic wildlife" does not include aquatic insects.
210 (43) (a) "Protected wildlife" means wildlife, except as provided in Subsection (43)(b).
211 (b) "Protected wildlife" does not include:
212 (i) coyote;
213 (ii) field mouse;
214 (iii) gopher;
215 (iv) ground squirrel;
216 (v) jack rabbit;
217 (vi) muskrat; or
218 (vii) raccoon.
219 (44) "Regional advisory council" means a council created under Section 23A-2-303.
220 (45) "Released to the wild" means to be turned loose from confinement.
221 (46) (a) "Reservoir constructed on a natural stream channel" means a body of water
222 collected and stored on the course of a natural flowing stream by impounding the stream
223 through excavation or diking.
224 (b) "Reservoir constructed on a natural stream channel" does not mean an
225 impoundment on a natural flowing stream where all surface water sources supplying the
226 impoundment originate from groundwater springs no more than 100 yards upstream.
227 (47) Subject to Section 23A-1-103, "resident" means a person who:
228 (a) has been domiciled in the state for six consecutive months immediately preceding
229 the purchase of a license; and
230 (b) does not claim residency for hunting, fishing, or trapping in another state or
231 country.
232 (48) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
233 selling, bartering, exchanging, or trading.
234 (49) "Short-term fishing event" means an event when:
235 (a) privately acquired fish are held or confined for a period not to exceed 10 days for
236 the purpose of providing fishing or recreational opportunity; and
237 (b) no fee is charged as a requirement to fish.
238 (50) "Small game" means species of protected wildlife:
239 (a) commonly pursued for sporting purposes;
240 (b) not classified as big game, aquatic wildlife, or furbearers; and
241 (c) excluding turkey, cougar, and bear.
242 (51) "Spoiled" means impairment of the flesh of wildlife that renders the flesh unfit for
243 human consumption.
244 (52) "Spotlighting" means throwing or casting the rays of a spotlight, headlight, or
245 other artificial light on a highway or in a field, woodland, or forest while having in possession a
246 weapon by which protected wildlife may be killed.
247 (53) "Tag" means a card, label, or other paper-based or electronic means of
248 identification used to document harvest of protected wildlife.
249 (54) "Take" means to:
250 (a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill
251 protected wildlife; or
252 (b) attempt an action referred to in Subsection (54)(a).
253 (55) "Threatened" means wildlife designated as threatened pursuant to Section 3 of the
254 federal Endangered Species Act of 1973.
255 (56) "Trapping" means taking protected wildlife with a trapping device.
256 (57) "Trophy animal" means an animal described as follows:
257 (a) deer - a buck with an outside antler measurement of 24 inches or greater;
258 (b) elk - a bull with six points on at least one side;
259 (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
260 (d) moose - a bull with at least one antler exceeding five inches in length;
261 (e) mountain goat - a male or female;
262 (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
263 (g) bison - a bull.
264 (58) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning
265 dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
266 (59) "Waste" means to:
267 (a) abandon protected wildlife; or
268 (b) allow protected wildlife to spoil or to be used in a manner not normally associated
269 with the protected wildlife's beneficial use.
270 (60) "Wild" means the natural environment, including a private pond or private
271 property.
272 [
273 (a) crustaceans, including brine shrimp and crayfish;
274 (b) mollusks; and
275 (c) vertebrate animals living in nature, except feral animals.
276 [
277 (63) "Wildlife parts" means biological material derived from the body or anatomy of
278 wildlife, including:
279 (a) an antler or horn;
280 (b) a hide;
281 (c) a bone; or
282 (d) meat.
283 Section 2. Section 23A-1-103 is amended to read:
284 23A-1-103. Domicile or residency.
285 (1) (a) Subject to Subsections 23A-1-101(15) and 23A-1-101(47), an individual is
286 considered a resident who:
287 (i) has been domiciled in the state for six consecutive months immediately preceding
288 the purchase of a license or application of a license, permit, or tag; and
289 (ii) does not claim residency for hunting, fishing, or trapping in another state or
290 country.
291 (b) To create a new domicile an individual shall:
292 [
293 [
294 (2) A Utah resident retains Utah residency if that [
295 (a) to serve in the armed forces of the United States or for religious or educational
296 purposes; and
297 (b) the [
298 (3) (a) A member of the armed forces of the United States and dependents are residents
299 for the purposes of this title as of the date the member reports for duty under assigned orders in
300 the state if the member:
301 (i) is not on temporary duty in this state; and
302 (ii) complies with Subsection 23A-1-101(47)(b).
303 (b) A member shall present a copy of the assignment orders to a division office to
304 verify the member's qualification as a resident.
305 (4) A nonresident attending an institution of higher learning in this state as a full-time
306 student may qualify as a resident for purposes of this title if the student:
307 (a) has been present in this state for 60 consecutive days immediately preceding the
308 purchase of the license; and
309 (b) complies with Subsection 23A-1-101(47)(b).
310 (5) A Utah resident license is invalid if a resident license for hunting, fishing, or
311 trapping is purchased in another state or country.
312 (6) An absentee landowner paying property tax on land in Utah does not qualify as a
313 resident.
314 Section 3. Section 23A-1-202 is amended to read:
315 23A-1-202. Agreement with a tribe.
316 (1) As used in this section, "tribe" means a federally recognized:
317 (a) Indian tribe; or
318 (b) Indian band.
319 (2) (a) Subject to the requirements of this section, the governor may enter into an
320 agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
321 fishing, or trapping right claim that is:
322 (i) based on:
323 (A) a treaty;
324 (B) an aboriginal right; or
325 (C) other recognized federal right; and
326 (ii) on lands located within the state.
327 (b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
328 (2)(a) may not exempt a person from the requirements of this title.
329 (c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
330 tribe that is a party to the agreement or a member of that tribe from:
331 (i) Section [
332
333 (ii) Section 23A-11-202, commencement date of the general deer season;
334 (iii) a hunter or furharvester education requirement under Chapter 4, Licenses, Permits,
335 Certificates of Registration, and Tags;
336 (iv) an age restriction under Chapter 4, Licenses, Permits, Certificates of Registration,
337 and Tags;
338 (v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
339 or permit;
340 (vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
341 (vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
342 not inconsistent with this title.
343 (d) An agreement permitted under Subsection (2)(a) shall:
344 (i) be in writing;
345 (ii) be signed by:
346 (A) the governor; and
347 (B) the governing body of the tribe that:
348 (I) is designated by the tribe; and
349 (II) may bind the tribe to the terms of the agreement;
350 (iii) be conditioned on obtaining any approval required by federal law;
351 (iv) state the effective date of the agreement;
352 (v) provide that the governor shall renegotiate the agreement if the agreement is or
353 becomes inconsistent with a state statute for which an exemption is not authorized under this
354 section; and
355 (vi) include any accommodation made by the tribe that:
356 (A) is agreed to by the tribe;
357 (B) is reasonably related to the agreement; and
358 (C) concerns the management and use of wildlife resources or habitat.
359 (e) Before executing an agreement under this Subsection (2), the governor shall consult
360 with:
361 (i) the division; and
362 (ii) the chair of the Wildlife Board.
363 (f) At least 30 days before the agreement under this Subsection (2) is executed, the
364 governor or the governor's designee shall provide a copy of the agreement in the form that the
365 agreement will be executed to:
366 (i) the chairs of the Native American Legislative Liaison Committee; and
367 (ii) the Office of Legislative Research and General Counsel.
368 Section 4. Section 23A-1-205 is amended to read:
369 23A-1-205. Donating protected wildlife.
370 (1) A person may only donate protected wildlife or wildlife parts to another person [
371 in accordance with this section.
372 [
373 [
374 [
375 [
376 [
377 [
378 (2) [
379 wildlife or wildlife parts showing:
380 (a) the number and species of protected wildlife or wildlife parts donated;
381 (b) the date of donation;
382 (c) the license or permit number of the donor; and
383 (d) [
384 donated.
385 (3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big
386 game animal to another person [
387 Section 5. Section 23A-1-206 is enacted to read:
388 23A-1-206. New development.
389 (1) As used in this section:
390 (a) "Mitigate" means an activity intended to lessen known negative impacts caused by
391 wildlife, including relocating or distracting wildlife.
392 (b) "New development" means the conversion in use of previously undeveloped land
393 into a developed state that occurs on or after May 1, 2024.
394 (c) "Wildlife damage or nuisance claim" means:
395 (i) a depredation claim;
396 (ii) a wildlife damage claim; or
397 (iii) a nuisance complaint involving wildlife.
398 (2) On and after May 1, 2024, new development in the state is considered infringing on
399 existing wildlife habitat and a person who makes a wildlife damage or nuisance claim related
400 to the new development may not qualify for a wildlife damage or nuisance claim against the
401 state or a political subdivision.
402 (3) Notwithstanding Subsection (2), the division may mitigate wildlife damage or
403 nuisances impacting a new development.
404 Section 6. Section 23A-2-201 is amended to read:
405 23A-2-201. Division of Wildlife Resources -- Limits on authority of political
406 subdivisions -- Adjudicative proceedings -- Official seal.
407 (1) (a) There is created the Division of Wildlife Resources within the Department of
408 Natural Resources under the administration and general supervision of the executive director.
409 (b) The division is the wildlife authority for Utah and is vested with the functions,
410 powers, duties, rights, and responsibilities provided in this title and other law.
411 (2) (a) Subject to the broad policymaking authority of the Wildlife Board, the division
412 shall protect, propagate, manage, conserve, and distribute protected wildlife throughout the
413 state.
414 (b) The division is the trustee and custodian of protected wildlife and may initiate civil
415 proceedings, in addition to criminal proceedings provided for in this title, to:
416 (i) recover damages;
417 (ii) compel performance;
418 (iii) compel substitution;
419 (iv) restrain or enjoin;
420 (v) initiate any other appropriate action; and
421 (vi) seek appropriate remedies in the division's capacity as trustee and custodian.
422 (3) (a) If a political subdivision of the state adopts an ordinance or regulation
423 concerning hunting, fishing, or trapping that conflicts with this title or rules made pursuant to
424 this title, state law prevails.
425 (b) A community may close areas to hunting for safety reasons after confirmation by
426 the Wildlife Board.
427 (4) (a) As used in this Subsection (4), "claim involving wildlife" means:
428 (i) a depredation claim;
429 (ii) a wildlife damage claim; or
430 (iii) a nuisance complaint involving wildlife.
431 (b) Subject to Subsection (4)(c), a political subdivision of the state shall respond to and
432 pay for a claim involving wildlife within the boundaries of the political subdivision, if the
433 political subdivision:
434 (i) owns or purchases an aggregate amount of more than 500 contiguous acres of land
435 in fee simple on which the political subdivision restricts the division's ability to manage
436 wildlife populations; or
437 (ii) enacts an ordinance or takes other action that restricts the division's ability to
438 manage wildlife populations within any portion of the political subdivision's boundary.
439 (c) A political subdivision of the state may not be required to respond to or pay for a
440 claim involving wildlife under Subsection (4)(b) because the political subdivision has enacted a
441 law, rule, or ordinance or taken an action to prohibit the use of firing a firearm within the
442 boundaries of the political subdivision.
443 (d) The division may not expend state money for a claim listed in Subsection (4)(b)
444 when a political subdivision limits the division's ability to manage wildlife populations on
445 more than 500 contiguous acres of land.
446 [
447 Procedures Act, in the division's adjudicative proceedings.
448 [
449 description of the official seal with the Division of Archives.
450 Section 7. Section 23A-3-201 is amended to read:
451 23A-3-201. Wildlife Resources Account -- Unexpended fund balances .
452 (1) There is created a restricted account within the General Fund known as the
453 "Wildlife Resources Account."
454 (2) The following money shall be deposited into the Wildlife Resources Account:
455 (a) revenue from the sale of licenses, permits, tags, and certificates of registration
456 issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
457 provided by this title;
458 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
459 property acquired with revenue specified in Subsection (2)(a);
460 (c) revenue from fines and forfeitures for violations of this title or a rule, proclamation,
461 or order of the Wildlife Board, minus court costs not to exceed the schedule adopted by the
462 Judicial Council;
463 (d) money appropriated from the General Fund by the Legislature pursuant to Section
464 23A-4-306;
465 (e) other money received by the division under this title, except as otherwise provided
466 by this title; and
467 (f) interest, dividends, or other income earned on account money.
468 (3) Money in the Wildlife Resources Account shall be used for the administration of
469 this title.
470 (4) At the close of a fiscal year, the unexpended balance in the Wildlife Resources
471 Account shall convert back into the Wildlife Resources Account for the following fiscal year,
472 except for money:
473 (a) legally obligated by contract;
474 (b) designated for capital outlay projects; or
475 (c) required for a program extending beyond the close of the fiscal year.
476 [
477
478
479
480
481 Section 8. Section 23A-3-208 is amended to read:
482 23A-3-208. Portion of revenue from license, permit, and certificate of registration
483 fees deposited into Wildlife Habitat Account.
484 (1) Fifty cents of the fee charged for a one-day fishing license shall be deposited in the
485 Wildlife Habitat Account created in Section 23A-3-207.
486 (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
487 permits shall be deposited in the Wildlife Habitat Account created in Section 23A-3-207:
488 (a) a fishing license, except any one-day fishing license;
489 (b) a hunting license;
490 (c) a combination license;
491 (d) a furbearer license; or
492 (e) a fishing permit.
493 (3) Four dollars and seventy-five cents of the fee charged for any of the following
494 certificates of registration or permits shall be deposited in the Wildlife Habitat Account created
495 in Section 23A-3-207:
496 (a) a certificate of registration for the dedicated hunter program[
497
498 (b) a big game permit;
499 (c) a bear permit;
500 (d) a turkey permit; or
501 (e) a muskrat permit.
502 Section 9. Section 23A-3-214 is enacted to read:
503 23A-3-214. Fee to cover cost of electronic payments.
504 (1) As used in this section:
505 (a) "Electronic payment" means use of a form of payment processed through electronic
506 means, including use of a credit card, debit card, or automatic clearinghouse transaction.
507 (b) "Electronic payment fee" means the fee assessed to defray:
508 (i) a charge, discount fee, or process fee charged by a processing agent to process an
509 electronic payment, including a credit card company; or
510 (ii) costs associated with the purchase of equipment necessary for processing an
511 electronic payment.
512 (2) (a) The division may impose and collect an electronic payment fee on an electronic
513 payment related to a license, permit, or certificate of registration, including a license, permit, or
514 certification of registration under:
515 (i) Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;
516 (ii) Section 23A-6-404;
517 (iii) Section 23A-7-202;
518 (iv) Subsection 23A-9-305(3);
519 (v) Subsection 23A-11-203(3); and
520 (vi) Subsection 23A-12-202(1)(b).
521 (b) The division may charge an electronic payment fee under this section in an amount
522 not to exceed 3% of the electronic payment.
523 (c) With regard to the electronic payment fee, the division is not required to separately
524 identify the electronic payment fee from a fee imposed for a license, permit, or certificate of
525 registration listed in Subsection (2)(a).
526 (3) The division shall deposit the fee into the Wildlife Resources Account created in
527 Section 23A-3-201.
528 Section 10. Section 23A-4-208 is amended to read:
529 23A-4-208. Duplicate license, permit, tag, or certificate of registration.
530 (1) If an unexpired license, permit, tag, or certificate of registration issued under this
531 title is destroyed, lost, or stolen, the division, a person designated by the director, or the
532 division's authorized license agents may issue a duplicate license, permit, tag, or certificate of
533 registration in accordance with the rules set and fees determined by the Wildlife Board.
534 (2) Upon issuance of a duplicate license, permit, tag, or certificate of registration, the
535 original license, permit, tag, or certificate of registration is invalid.
536 Section 11. Section 23A-4-709 is amended to read:
537 23A-4-709. Tagging requirements.
538 (1) The Wildlife Board may make rules that require the carcass of certain species of
539 protected wildlife to be tagged.
540 (2) Except as provided by the Wildlife Board by rules made in accordance with Title
541 63G, Chapter 3, Utah Administrative Rulemaking Act, a hunter who lawfully killed the animal
542 shall tag the carcass of a species of protected wildlife required to be tagged before the carcass is
543 moved from or the hunter leaves the site of kill.
544 (3) To tag a carcass, a person shall:
545 (a) (i) completely detach the tag from the license or permit;
546 (ii) completely remove the appropriate notches to correspond with:
547 (A) the date the animal was taken; and
548 (B) the sex of the animal; and
549 (iii) attach the tag to the carcass so that the tag remains securely fastened and visible;
550 or
551 (b) complete an electronic tagging certification according to standards approved by the
552 Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
553 Rulemaking Act.
554 (4) A person may not:
555 (a) remove more than one notch indicating date or sex; or
556 (b) tag more than one carcass using the same tag.
557 Section 12. Section 23A-4-1110 is enacted to read:
558 23A-4-1110. Invalid and forfeited permit or tag.
559 (1) With each issued permit or tag, a person may take only one of a species of protected
560 wildlife during a license year, regardless of how many licenses or permits the person obtains,
561 except as otherwise provided by this title or a proclamation of the Wildlife Board.
562 (2) (a) If a person kills an animal in violation of this title, while attempting to exercise
563 the benefits of an issued permit or tag, the permit or tag is invalid and the person shall forfeit
564 the permit or tag to the division.
565 (b) This Subsection (2) does not apply if:
566 (i) a citation is issued for a rule violation described in Subsection (2)(a); or
567 (ii) a warning citation for a violation described in Subsection (2)(a) is issued.
568 (3) The division may grant a season extension to a valid, unfilled permit opportunity
569 that was invalidated and forfeited under Subsection (2) if:
570 (a) the criminal charges associated with the permit forfeiture are dismissed, with
571 prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
572 (b) the person issued the permit that is forfeited requests the division in writing within
573 60 days of a final action dismissing or acquitting that person of the criminal charges that led to
574 the permit forfeiture;
575 (c) the season extension is granted for the same species and sex, hunt unit, and season
576 dates associated with the forfeited permit, as established by the Wildlife Board in the hunt year
577 of the extension; and
578 (d) the extension occurs in the first season immediately following dismissal of or
579 acquittal on the criminal charges described in Subsection (3)(a).
580 Section 13. Section 23A-5-202 is amended to read:
581 23A-5-202. Powers of law enforcement section.
582 (1) The chief and assistant chief of the law enforcement section[
583
584 with the powers of law enforcement officers throughout the counties of the state with exception
585 of the power to serve civil process and:
586 (a) may serve criminal process, arrest, and prosecute a violator of a law of this state;
587 and
588 (b) has the same right as other law enforcement officers to require aid in executing the
589 duties.
590 (2) The powers and duties conferred by this section upon employees of the law
591 enforcement section of the division shall be supplementary to and in no way a limitation on the
592 powers and duties of other law enforcement officers in the state.
593 Section 14. Section 23A-5-204 is amended to read:
594 23A-5-204. Butcher, locker, or storage plant to require proper tag or donation
595 slip -- Taxidermist.
596 (1) A butcher or owner or employee of a locker plant or storage plant may not receive
597 for processing or storage the carcass of protected wildlife that by law or regulation is required
598 to be tagged, unless there is a transaction record for the carcass which is that the carcass is:
599 (a) properly tagged; or [
600 (b) accompanied with a valid donation slip.
601 (2) A taxidermist shall retain the transaction records for wildlife received, to include:
602 (a) the date and time the wildlife is received; and
603 (b) the license or permit number associated with the wildlife.
604 (3) A person required to retain a transaction record under this section shall:
605 (a) produce the transaction record on the demand of a peace officer; and
606 (b) keep the transaction record for three years from the day on which the person
607 receives or creates the transaction record.
608 Section 15. Section 23A-5-301 is amended to read:
609 23A-5-301. Violations in general -- Criminal penalty -- Aiding or assisting
610 violation -- Obstruct or interfere.
611 (1) Except as otherwise provided in this title:
612 (a) a violation of this title is a class B misdemeanor; and
613 (b) a violation of a rule of the Wildlife Board, made in accordance with Title 63G,
614 Chapter 3, Utah Administrative Rulemaking Act, or proclamation of the Wildlife Board is an
615 infraction.
616 (2) (a) A person may not aid or assist another person to violate this title or a rule made
617 by the Wildlife Board under this title and in accordance with Title 63G, Chapter 3, Utah
618 Administrative Rulemaking Act.
619 (b) The penalty for violating this Subsection (2) is the same as for the provision or rule
620 for which aid or assistance is given.
621 (3) A person may not obstruct or interfere with the division's wildlife management
622 activities performed under this title, except that the division is subject to Section 23A-2-207
623 when engaged in the taking of wildlife on private property.
624 Section 16. Section 23A-5-307 is amended to read:
625 23A-5-307. Use of a computer or other device to remotely hunt wildlife
626 prohibited -- Trail cameras -- Criminal penalty.
627 (1) As used in this section, "trail camera" means a device that is not held or manually
628 operated by a person and is capable of capturing images, video, or location data of wildlife
629 using heat or motion to trigger the device.
630 (2) A person may not use a computer or other device to remotely control the aiming
631 and discharge of a firearm or other weapon for hunting an animal.
632 (3) A person who violates Subsection [
633 (4) (a) A trail camera using internal data storage and not capable of transmitting data is
634 permitted for use on private lands for the purposes of taking protected wildlife.
635 (b) A trail camera may not be used to take wildlife on public land during the period
636 beginning on July 31 and ending on December 31.
637 (c) A trail camera is prohibited on public land during the period beginning on July 31
638 and ending on December 31, except for use by:
639 (i) the division for monitoring or research;
640 (ii) a land management agency in the course of the land management agency's regular
641 duties;
642 (iii) any of the following conducting research in conjunction with the division:
643 (A) a non-governmental organization;
644 (B) an educational institution; or
645 (C) other person;
646 (iv) monitoring active agricultural operations including the take of a bear or cougar that
647 is causing livestock depredation; or
648 (v) a municipality participating in a program addressing urban deer.
649 (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
650 the Wildlife Board may make rules regulating the use of trail cameras.
651 (b) A person who violates rules made by the Wildlife Board under this Subsection (5)
652 is subject to the penalty provided in Section 23A-5-301.
653 Section 17. Section 23A-5-311 is amended to read:
654 23A-5-311. Wanton destruction of protected wildlife -- Criminal penalty -- Point
655 values.
656 (1) A person is guilty of wanton destruction of protected wildlife if that person:
657 (a) commits an act in violation of:
658 (i) Section 23A-4-1110;
659 (ii) Section 23A-5-302;
660 [
661 (iv) Section 23A-5-308;
662 [
663 [
664 [
665 (b) captures, injures, or destroys protected wildlife; and
666 (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
667 76-2-103;
668 (ii) intentionally abandons protected wildlife or a carcass;
669 (iii) commits the offense at night with the use of a weapon;
670 (iv) is under a court or division revocation of a license, tag, permit, or certificate of
671 registration; or
672 (v) acts for pecuniary gain.
673 (2) A person who commits wanton destruction of wildlife is guilty of:
674 (a) a third degree felony if:
675 (i) the aggregate point value of the protected wildlife determined by the point values in
676 Subsection (3) is more than [
677 (ii) a trophy animal was captured, injured, or destroyed;
678 (b) a class A misdemeanor if the aggregate point value of the protected wildlife,
679 determined by the point values established in Subsection (3) is more than [
680 but does not exceed [
681 (c) a class B misdemeanor if the aggregate point value of the protected wildlife
682 determined by the point values established in Subsection (3) is [
683 (3) Regardless of the restitution amounts imposed under Subsection 23A-5-312(2), the
684 following point values are assigned to protected wildlife for the purpose of determining the
685 offense for wanton destruction of wildlife:
686 (a) [
687 (i) bison;
688 (ii) bighorn sheep;
689 (iii) rocky mountain goat;
690 (iv) moose;
691 (v) bear;
692 (vi) peregrine falcon;
693 (vii) bald eagle; or
694 (viii) endangered species;
695 (b) [
696 (i) elk; or
697 (ii) threatened species;
698 (c) [
699 (i) cougar;
700 (ii) golden eagle;
701 (iii) river otter; or
702 (iv) gila monster;
703 (d) [
704 (i) pronghorn antelope; or
705 (ii) deer;
706 (e) [
707 (f) [
708 (i) swan;
709 (ii) sandhill crane;
710 (iii) turkey;
711 (iv) pelican;
712 (v) loon;
713 (vi) egrets;
714 (vii) herons;
715 (viii) raptors, except those that are threatened or endangered;
716 (ix) Utah milk snake; or
717 (x) Utah mountain king snake;
718 (g) [
719 (i) bobcat;
720 (ii) river otter; and
721 (iii) threatened or endangered species;
722 (h) [
723 walleye, largemouth bass, smallmouth bass, and wiper;
724 (i) [
725 (i) turkey;
726 (ii) swan; and
727 (iii) sandhill crane;
728 (j) [
729 (k) [
730 (l) [
731 (4) For purposes of sentencing for a violation under this section, a person who has been
732 convicted of a third degree felony under Subsection (2)(a) is not subject to the mandatory
733 sentencing requirements prescribed in Subsection 76-3-203.8(4).
734 (5) As part of a sentence imposed, the court shall impose a sentence of incarceration of
735 not less than 20 consecutive days for a person convicted of a third degree felony under
736 Subsection (2)(a)(ii) who captured, injured, or destroyed a trophy animal for pecuniary gain.
737 (6) If a person has already been convicted of a third degree felony under Subsection
738 (2)(a)(ii) once, each separate additional offense under Subsection (2)(a)(ii) is punishable by, as
739 part of a sentence imposed, a sentence of incarceration of not less than 20 consecutive days.
740 (7) The court may not sentence a person subject to Subsection (5) or (6) to less than 20
741 consecutive days of incarceration or suspend the imposition of the sentence unless the court
742 finds mitigating circumstances justifying lesser punishment and makes that finding a part of the
743 court record.
744 (8) Subsection (1) does not apply to actions taken in accordance with:
745 (a) Title 4, Chapter 14, Utah Pesticide Control Act;
746 (b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
747 (c) Section 23A-8-403.
748 Section 18. Section 23A-5-312 is amended to read:
749 23A-5-312. Restitution -- Disposition of money.
750 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
751 destruction of protected wildlife, other than a trophy animal, the court may order the defendant
752 to pay restitution:
753 (a) as set forth in Subsection (2); or
754 (b) in a greater or lesser amount than the amount established in Subsection (2).
755 (2) Suggested minimum restitution values for protected wildlife are as follows:
756 (a) [
757 (i) bison;
758 (ii) bighorn sheep;
759 (iii) rocky mountain goat;
760 (iv) moose;
761 (v) bear;
762 (vi) peregrine falcon;
763 (vii) bald eagle; or
764 (viii) endangered species;
765 (b) [
766 (i) elk; or
767 (ii) threatened species;
768 (c) [
769 (i) golden eagle;
770 (ii) river otter; or
771 (iii) gila monster;
772 (d) [
773 (i) pronghorn antelope; or
774 (ii) deer;
775 (e) [
776 (i) cougar; or
777 (ii) bobcat;
778 (f) [
779 (i) swan;
780 (ii) sandhill crane;
781 (iii) turkey;
782 (iv) pelican;
783 (v) loon;
784 (vi) egrets;
785 (vii) herons;
786 (viii) raptors, except those that are threatened or endangered;
787 (ix) Utah milk snake; or
788 (x) Utah mountain king snake;
789 (g) $150 per horn;
790 [
791 (i) bobcat;
792 (ii) river otter; and
793 (iii) threatened or endangered species;
794 [
795 walleye, largemouth bass, smallmouth bass, and wiper;
796 (j) $30 per pound of antler or shed antler;
797 [
798 (i) turkey;
799 (ii) swan; and
800 (iii) sandhill crane;
801 [
802 [
803 [
804 (3) If the court finds that restitution is inappropriate or if the value imposed is less than
805 the suggested minimum value as provided in Subsection (2), the court shall make the reasons
806 for the decision part of the court record.
807 (4) (a) The court shall order a person convicted of a third degree felony under
808 Subsection 23A-5-311(2)(a)(ii) to pay restitution in accordance with Subsection (4)(b).
809 (b) The minimum restitution value for a trophy animal is as follows:
810 (i) [
811 (ii) [
812 (iii) [
813 (iv) [
814 (v) [
815 (vi) [
816 (5) Restitution paid under Subsection (4) shall be remitted to the division and
817 deposited in the Wildlife Resources Account.
818 (6) The division shall use restitution money for activities and programs to help stop
819 poaching, including:
820 (a) educational programs on wildlife crime prevention;
821 (b) acquisition and development of wildlife crime detection equipment;
822 (c) operation and maintenance of anti-poaching projects; and
823 (d) wildlife law enforcement training.
824 (7) If restitution is required, restitution shall be in addition to:
825 (a) a fine or penalty imposed for a violation of this title; and
826 (b) a remedial action taken to revoke or suspend a person's license, permit, tag, or
827 certificate of registration.
828 (8) A judgment imposed under this section constitutes a lien when recorded in the
829 judgment docket and shall have the same effect and is subject to the same rules as a judgment
830 for money in a civil action.
831 Section 19. Section 23A-5-314 is amended to read:
832 23A-5-314. Waste of wildlife unlawful -- Criminal penalty.
833 (1) A person may not waste or permit to be wasted protected wildlife or a part of
834 protected wildlife except as otherwise provided:
835 (a) in this title;
836 (b) by rule made by the Wildlife Board under this title and in accordance with Title
837 63G, Chapter 3, Utah Administrative Rulemaking Act; or
838 (c) by an order or proclamation.
839 (2) A person who violates this section is subject to the penalty provided in Section
840 23A-5-301 except as provided in Subsection (3).
841 (3) (a) A licensed hunter who legally kills a big game animal, but abandons the big
842 game animal is subject to a class A misdemeanor.
843 (b) A big game animal is considered abandoned if the licensed hunter acts knowingly,
844 intentionally, or recklessly, and:
845 (i) the big game animal is not tagged as required by Section 23A-4-709;
846 (ii) the big game animal is wasted;
847 (iii) the licensed hunter continues to hunt the same species while exercising the
848 benefits of the issued tag; or
849 (iv) no attempt or minimal attempt is made to salvage the big game animal.
850 Section 20. Section 23A-5-317 is amended to read:
851 23A-5-317. Posted property -- Hunting by permission -- Entry on private land
852 while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable to officers.
853 (1) As used in this section:
854 (a) "Cultivated land" means land that is readily identifiable as:
855 (i) land whose soil is loosened or broken up for the raising of crops;
856 (ii) land used for the raising of crops; or
857 (iii) pasturage which is artificially irrigated.
858 (b) "Permission" means [
859 in charge to enter upon private land that is either cultivated or properly posted, and shall
860 include:
861 (i) the signature of the owner or person in charge;
862 (ii) the name of the person being given permission;
863 (iii) the appropriate dates; and
864 (iv) a general description of the property.
865 (c) "Properly posted" means that signs prohibiting trespass or bright yellow, bright
866 orange, or fluorescent paint are clearly displayed:
867 (i) at the corners, fishing streams crossing property lines, roads, gates, and
868 rights-of-way entering the land; or
869 (ii) in a manner that would reasonably be expected to be seen by a person in the area.
870 (2) (a) While taking wildlife or engaging in wildlife related activities, a person may
871 not:
872 (i) without permission, enter upon privately owned land that is cultivated or properly
873 posted;
874 (ii) enter or remain on privately owned land if the person has notice to not enter or
875 remain on the privately owned land; or
876 (iii) obstruct an entrance or exit to private property.
877 (b) A person has notice to not enter or remain on privately owned land if:
878 (i) the person is directed to not enter or remain on the land by:
879 (A) the owner of the land;
880 (B) the owner's employee; or
881 (C) a person with apparent authority to act for the owner; or
882 (ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
883 would recognize as intended to exclude intruders.
884 (c) The division shall provide "hunting by permission cards" to a landowner upon the
885 landowner's request.
886 (d) A person may not post:
887 (i) private property the person does not own or legally control; or
888 (ii) land that is open to the public as provided by Section 23A-6-402.
889 (3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in
890 Section 23A-5-301 and liable for the civil damages described in Subsection (7).
891 (4) (a) A person convicted of violating Subsection (2)(a) may have the person's license,
892 tag, certificate of registration, or permit, relating to the activity engaged in at the time of the
893 violation, revoked by a hearing officer.
894 (b) A hearing officer may construe a subsequent conviction that occurs within a
895 five-year period as a flagrant violation and may prohibit the person from obtaining a new
896 license, tag, certificate of registration, or permit for a period of up to five years.
897 (5) Subsection (2)(a) does not apply to peace or conservation officers in the
898 performance of their duties.
899 (6) (a) The division shall provide information regarding owners' rights and duties:
900 (i) to anyone holding a license, certificate of registration, tag, or permit to take wildlife;
901 and
902 (ii) by using the public media and other sources.
903 (b) The Wildlife Board shall state restrictions in this section relating to trespassing in
904 the hunting and fishing proclamations issued by the Wildlife Board.
905 (7) In addition to an order for restitution under Section 77-38b-205, a person who
906 commits a violation of Subsection (2)(a) or (d) may also be liable for:
907 (a) the greater of:
908 (i) statutory damages in the amount of three times the value of damages resulting from
909 the violation of Subsection (2)(a) or (d); or
910 (ii) $500; and
911 (b) reasonable attorney fees not to exceed $250, and court costs.
912 (8) Civil damages under Subsection (7) may be collected in a separate action by the
913 property owner or the property owner's assignee.
914 Section 21. Section 23A-6-402 is amended to read:
915 23A-6-402. Right of access to lands for hunting, trapping, or fishing reserved to
916 public -- Exception.
917 (1) Except as provided in Section 65A-2-5, there is reserved to the public the right of
918 access to lands owned by the state, including those lands lying below the official government
919 meander line or high water line of navigable waters, for the purpose of hunting, trapping, or
920 fishing.
921 (2) When a department or agency of the state leases or sells land belonging to the state
922 lying below the official government meander line or the high water line of the navigable waters
923 within the state, the lease, contract of sale, or deed shall contain a provision that:
924 (a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing
925 during the lawful season, except as provided by Section 65A-2-5; and
926 (b) the lessee, contractee, or grantee may not charge a person who desires to go upon
927 the land for the purpose of hunting, trapping, or fishing.
928 (3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or
929 fishing as provided in this title for other lands and waters.
930 (4) The division may temporarily close that portion of a highway, as defined in Section
931 72-1-102, that enters into or crosses land owned by the division if closure is needed for the
932 benefit of wildlife.
933 Section 22. Section 23A-11-101 is amended to read:
934 23A-11-101. Definitions.
935 As used in this chapter:
936 (1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
937 and bison.
938 (2) "Cultivated crops" means:
939 (a) annual or perennial crops harvested from or on cleared and planted land;
940 (b) perennial orchard trees on cleared and planted land;
941 (c) crop residues that have forage value for livestock; and
942 (d) pastures.
943 (3) "Management unit" means a prescribed area of contiguous land designated by the
944 division for the purpose of managing a species of big game animal.
945 (4) "Predator" means a cougar, bear, or coyote.
946 (5) "Shed antler" means any portion of an antler that:
947 (a) has been dropped naturally from a big game animal as part of the big game animal's
948 annual life cycle; and
949 (b) has a rounded base commonly known as the antler button or burr attached which
950 signifies a natural life cycle process.
951 (6) "Shed horn" means:
952 (a) the sheath from a pronghorn that has been dropped naturally as part of the animal's
953 annual life cycle; or
954 (b) a bighorn sheep, mountain goat, or bison horn naturally detached from the horn
955 core.
956 Section 23. Section 23A-11-206 is enacted to read:
957 23A-11-206. Limitations on taking an antler or horn.
958 (1) A person may not take an antler or horn, including a shed antler or shed horn,
959 except as provided by this title or rules of the Wildlife Board made in accordance with Title
960 63G, Chapter 3, Utah Administrative Rulemaking Act.
961 (2) During season dates if established under Subsection (3) and after complying with
962 rules made under Subsection (3), an individual may take an antler or horn, including a shed
963 antler or shed horn.
964 (3) (a) The Wildlife Board may establish recreational antler or horn gathering season
965 dates and rules for both residents and nonresidents, including for a shed antler or shed horn, by
966 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
967 (b) The Wildlife Board may, in accordance with Title 63G, Chapter 3, Utah
968 Administrative Rulemaking Act, establish rules for commercial gathering and selling of an
969 antler or horn, including a shed antler or shed horn, to establish:
970 (i) rules in general concerning commercial gathering and selling;
971 (ii) license or permit requirements; and
972 (iii) fees.
973 (4) A suspension for a violation of this section or rules by the Wildlife Board under
974 Section 23A-4-1106, may include all privileges related to big game, including privileges under
975 a shed antler or horn gathering permit.
976 (5) Notwithstanding whether the Wildlife Board establishes season dates under this
977 section, a private landowner or a guest of a private landowner may take an antler or horn on the
978 private land, including a shed antler or shed horn, year round for the use of the landowner or
979 guest.
980 Section 24. Section 23A-12-102 is enacted to read:
981 23A-12-102. Naming conventions for birds.
982 (1) As used in this section:
983 (a) "English-language name" means the name:
984 (i) assigned to a bird by a naming entity for use by the English-speaking public; and
985 (ii) that may differ from the scientific name of the bird.
986 (b) "Naming entity" means a nationally recognized entity that maintains a list of
987 official English-language names for birds in North America and South America.
988 (2) (a) The division shall use the English-language name assigned to a bird by a
989 naming entity that was in effect on January 1, 2020, when using an English-language name
990 while engaging in the management of the bird or habitat for the bird.
991 (b) Notwithstanding Subsection (2)(a), the division may use an English-language name
992 assigned by a naming entity after January 1, 2020, if before January 1, 2020, there was no
993 English-language name.
994 (3) The division shall:
995 (a) advocate against the changing of eponymous English-language names for birds; and
996 (b) seek the support of national organizations with which the division affiliates to
997 advocate against the changing of eponymous English-language names for birds.
998 Section 25. Section 63G-3-302 is amended to read:
999 63G-3-302. Public hearings.
1000 (1) [
1001 rule, or repeal of a rule during the public comment period.
1002 (2) [
1003 on a proposed rule, amendment to a rule, or repeal of a rule if:
1004 (a) a public hearing is required by state or federal mandate;
1005 (b) (i) another state agency, 10 interested persons, or an interested association having
1006 not fewer than 10 members request a public hearing; and
1007 (ii) the agency receives the request in writing not more than 15 days after the
1008 publication date of the proposed rule.
1009 (3) The agency shall hold the hearing:
1010 (a) before the rule becomes effective; and
1011 (b) no less than seven days nor more than 30 days after receipt of the request for
1012 hearing.
1013 (4) The Wildlife Board is not required to hold a public hearing on a proposed rule,
1014 amendment to a rule, or repeal of a rule unless required to hold a public hearing under Title
1015 23A, Chapter 2, Part 3, Wildlife Board and Regional Councils.
1016 Section 26. Repealer.
1017 This bill repeals:
1018 Section 23A-3-213, Wildlife Resources Trust Account.
1019 Section 23A-11-201, Limit of one of species of big game during license year --
1020 Invalid and forfeited permit or tag.
1021 Section 27. FY 2025 Appropriation.
1022 The following sums of money are appropriated for the fiscal year beginning July 1,
1023 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
1024 fiscal year 2025.
1025 Subsection 27(a). Restricted Fund and Account Transfers.
1026 The Legislature authorizes the State Division of Finance to transfer the following
1027 amounts between the following funds or accounts as indicated. Expenditures and outlays from
1028 the funds to which the money is transferred must be authorized by an appropriation.
1029
ITEM 1
To General Fund Restricted - Wildlife Habitat Account| 1030 | From General Fund Restricted - Wildlife Resources Trust Account, One-time | $1,325,000 | |||
| 1031 | Schedule of Programs: | ||||
| 1032 | Wildlife Habitat Account | $1,325,000 | |||
1034 section, transfer any remaining balances in the General Fund Restricted - Wildlife Resources
1035 Trust Account to the General Fund Restricted - Wildlife Habitat Account.
1036 Section 28. Effective date.
1037 This bill takes effect on July 1, 2024.