UT
Utah House Bill HB0030

Utah 2023 Regular Session

Utah House Bill HB0030 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 30
1+H.B. 30
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: P. Owen 6
4+6 12-19-22 10:31 PM 6
5+H.B. 30
26 1 WILDLIFE RESOURCES CODE RECODI FICATION
37 2 2023 GENERAL SESSION
48 3 STATE OF UTAH
59 4 Chief Sponsor: Casey Snider
610 5 Senate Sponsor: Scott D. Sandall
711 6
812 7LONG TITLE
9-8General Description:
10-9 This bill recodifies Title 23, Wildlife Resources Code of Utah.
11-10Highlighted Provisions:
12-11 This bill:
13-12 <addresses definitions;
14-13 <reorders provisions;
15-14 <removes outdated language;
16-15 <clarifies rulemaking authority;
17-16 <addresses compensation of employees;
18-17 <clarifies delegation to employees of use of fireworks;
19-18 <makes consistent references to nominations by nominating committee;
20-19 <clarifies delegation to employees related to issuing duplicates;
21-20 <addresses references to criminal penalty provisions;
22-21 <addresses cross references;
23-22 <clarifies review by regional advisory councils of cooperative wildlife management
24-23units; and
25-24 <makes technical changes.
26-25Money Appropriated in this Bill:
27-26 None
28-27Other Special Clauses:
29-28 This bill provides a special effective date.
30-29 This bill provides revisor instructions. H.B. 30 Enrolled Copy
13+8Committee Note:
14+9 The Natural Resources, Agriculture, and Environment Interim Committee
15+10recommended this bill.
16+11 Legislative Vote:16 voting for0 voting against 3 absent
17+12General Description:
18+13 This bill recodifies Title 23, Wildlife Resources Code of Utah.
19+14Highlighted Provisions:
20+15 This bill:
21+16 <addresses definitions;
22+17 <reorders provisions;
23+18 <removes outdated language;
24+19 <clarifies rulemaking authority;
25+20 <addresses compensation of employees;
26+21 <clarifies delegation to employees of use of fireworks;
27+22 <makes consistent references to nominations by nominating committee;
28+23 <clarifies delegation to employees related to issuing duplicates;
29+24 <addresses references to criminal penalty provisions;
30+25 <addresses cross references;
31+26 <clarifies review by regional advisory councils of cooperative wildlife management
32+27units; and
33+*HB0030* H.B. 30 12-19-22 10:31 PM
3134 - 2 -
32-30Utah Code Sections Affected:
33-31ENACTS:
34-32 23A-1-103, Utah Code Annotated 1953
35-33 23A-2-101, Utah Code Annotated 1953
36-34 23A-3-101, Utah Code Annotated 1953
37-35 23A-4-101, Utah Code Annotated 1953
38-36 23A-4-502, Utah Code Annotated 1953
39-37 23A-4-1104, Utah Code Annotated 1953
40-38 23A-4-1105, Utah Code Annotated 1953
41-39 23A-4-1107, Utah Code Annotated 1953
42-40 23A-5-101, Utah Code Annotated 1953
43-41 23A-5-306, Utah Code Annotated 1953
44-42 23A-8-101, Utah Code Annotated 1953
45-43 23A-9-101, Utah Code Annotated 1953
46-44 23A-12-101, Utah Code Annotated 1953
47-45 23A-14-101, Utah Code Annotated 1953
48-46RENUMBERS AND AMENDS:
49-47 23A-1-101, (Renumbered from 23-13-2, as last amended by Laws of Utah 2019,
50-48Chapter 125)
51-49 23A-1-102, (Renumbered from 23-13-3, as last amended by Laws of Utah 1992,
52-50Chapter 27)
53-51 23A-1-201, (Renumbered from 23-13-8, as last amended by Laws of Utah 1986,
54-52Chapter 76)
55-53 23A-1-202, (Renumbered from 23-13-12.5, as last amended by Laws of Utah 2002,
56-54Chapter 70)
57-55 23A-1-203, (Renumbered from 23-13-15, as enacted by Laws of Utah 1973, Chapter
58-5633)
59-57 23A-1-204, (Renumbered from 23-13-17, as last amended by Laws of Utah 2011, Enrolled Copy H.B. 30
35+28 <makes technical changes.
36+29Money Appropriated in this Bill:
37+30 None
38+31Other Special Clauses:
39+32 This bill provides a special effective date.
40+33 This bill provides revisor instructions.
41+34Utah Code Sections Affected:
42+35ENACTS:
43+36 23A-1-103, Utah Code Annotated 1953
44+37 23A-2-101, Utah Code Annotated 1953
45+38 23A-3-101, Utah Code Annotated 1953
46+39 23A-4-101, Utah Code Annotated 1953
47+40 23A-4-502, Utah Code Annotated 1953
48+41 23A-4-1104, Utah Code Annotated 1953
49+42 23A-4-1105, Utah Code Annotated 1953
50+43 23A-4-1107, Utah Code Annotated 1953
51+44 23A-5-101, Utah Code Annotated 1953
52+45 23A-5-306, Utah Code Annotated 1953
53+46 23A-8-101, Utah Code Annotated 1953
54+47 23A-9-101, Utah Code Annotated 1953
55+48 23A-12-101, Utah Code Annotated 1953
56+49 23A-14-101, Utah Code Annotated 1953
57+50RENUMBERS AND AMENDS:
58+51 23A-1-101, (Renumbered from 23-13-2, as last amended by Laws of Utah 2019,
59+52Chapter 125)
60+53 23A-1-102, (Renumbered from 23-13-3, as last amended by Laws of Utah 1992,
61+54Chapter 27)
62+55 23A-1-201, (Renumbered from 23-13-8, as last amended by Laws of Utah 1986,
63+56Chapter 76)
64+57 23A-1-202, (Renumbered from 23-13-12.5, as last amended by Laws of Utah 2002,
65+58Chapter 70) 12-19-22 10:31 PM H.B. 30
6066 - 3 -
61-58Chapter 297)
62-59 23A-1-205, (Renumbered from 23-20-9, as last amended by Laws of Utah 2011,
63-60Chapter 297)
64-61 23A-2-102, (Renumbered from 23-14-3, as last amended by Laws of Utah 2020,
65-62Chapter 154)
66-63 23A-2-201, (Renumbered from 23-14-1, as last amended by Laws of Utah 1995,
67-64Chapter 211)
68-65 23A-2-202, (Renumbered from 23-14-7, as last amended by Laws of Utah 1995,
69-66Chapter 56)
70-67 23A-2-203, (Renumbered from 23-14-8, as last amended by Laws of Utah 1995,
67+59 23A-1-203, (Renumbered from 23-13-15, as enacted by Laws of Utah 1973, Chapter
68+6033)
69+61 23A-1-204, (Renumbered from 23-13-17, as last amended by Laws of Utah 2011,
70+62Chapter 297)
71+63 23A-1-205, (Renumbered from 23-20-9, as last amended by Laws of Utah 2011,
72+64Chapter 297)
73+65 23A-2-102, (Renumbered from 23-14-3, as last amended by Laws of Utah 2020,
74+66Chapter 154)
75+67 23A-2-201, (Renumbered from 23-14-1, as last amended by Laws of Utah 1995,
7176 68Chapter 211)
72-69 23A-2-204, (Renumbered from 23-14-10, as last amended by Laws of Utah 1989,
73-70Chapter 22)
74-71 23A-2-205, (Renumbered from 23-14-12, as enacted by Laws of Utah 1971, Chapter
75-7246)
76-73 23A-2-206, (Renumbered from 23-15-2, as last amended by Laws of Utah 2011,
77-74Chapter 297)
78-75 23A-2-207, (Renumbered from 23-13-6, as last amended by Laws of Utah 2021,
79-76Chapter 109)
80-77 23A-2-208, (Renumbered from 23-13-7, as last amended by Laws of Utah 1986,
81-78Chapter 76)
82-79 23A-2-209, (Renumbered from 23-14-21, as last amended by Laws of Utah 2021,
83-80Chapter 382)
84-81 23A-2-301, (Renumbered from 23-14-2, as last amended by Laws of Utah 2020,
85-82Chapters 352 and 373)
86-83 23A-2-302, (Renumbered from 23-14-2.5, as last amended by Laws of Utah 2003,
87-84Chapter 36)
88-85 23A-2-303, (Renumbered from 23-14-2.6, as last amended by Laws of Utah 2010, H.B. 30 Enrolled Copy
77+69 23A-2-202, (Renumbered from 23-14-7, as last amended by Laws of Utah 1995,
78+70Chapter 56)
79+71 23A-2-203, (Renumbered from 23-14-8, as last amended by Laws of Utah 1995,
80+72Chapter 211)
81+73 23A-2-204, (Renumbered from 23-14-10, as last amended by Laws of Utah 1989,
82+74Chapter 22)
83+75 23A-2-205, (Renumbered from 23-14-12, as enacted by Laws of Utah 1971, Chapter
84+7646)
85+77 23A-2-206, (Renumbered from 23-15-2, as last amended by Laws of Utah 2011,
86+78Chapter 297)
87+79 23A-2-207, (Renumbered from 23-13-6, as last amended by Laws of Utah 2021,
88+80Chapter 109)
89+81 23A-2-208, (Renumbered from 23-13-7, as last amended by Laws of Utah 1986,
90+82Chapter 76)
91+83 23A-2-209, (Renumbered from 23-14-21, as last amended by Laws of Utah 2021,
92+84Chapter 382)
93+85 23A-2-301, (Renumbered from 23-14-2, as last amended by Laws of Utah 2020,
94+86Chapters 352 and 373)
95+87 23A-2-302, (Renumbered from 23-14-2.5, as last amended by Laws of Utah 2003,
96+88Chapter 36)
97+89 23A-2-303, (Renumbered from 23-14-2.6, as last amended by Laws of Utah 2010, H.B. 30 12-19-22 10:31 PM
8998 - 4 -
90-86Chapters 286 and 324)
91-87 23A-2-304, (Renumbered from 23-14-19, as last amended by Laws of Utah 1995,
92-88Chapter 211)
93-89 23A-2-305, (Renumbered from 23-14-18, as last amended by Laws of Utah 2021,
94-90Chapter 57)
95-91 23A-2-401, (Renumbered from 23-22-1, as last amended by Laws of Utah 2011,
96-92Chapter 297)
97-93 23A-2-402, (Renumbered from 23-22-2, as last amended by Laws of Utah 2010,
98-94Chapter 324)
99-95 23A-2-403, (Renumbered from 23-22-3, as last amended by Laws of Utah 2011,
99+90Chapters 286 and 324)
100+91 23A-2-304, (Renumbered from 23-14-19, as last amended by Laws of Utah 1995,
101+92Chapter 211)
102+93 23A-2-305, (Renumbered from 23-14-18, as last amended by Laws of Utah 2021,
103+94Chapter 57)
104+95 23A-2-401, (Renumbered from 23-22-1, as last amended by Laws of Utah 2011,
100105 96Chapter 297)
101-97 23A-2-501, (Renumbered from 23-25-2, as last amended by Laws of Utah 2015,
102-98Chapter 258)
103-99 23A-2-502, (Renumbered from 23-25-3, as enacted by Laws of Utah 1992, Chapter
104-100260)
105-101 23A-2-503, (Renumbered from 23-25-4, as enacted by Laws of Utah 1992, Chapter
106-102260)
107-103 23A-2-504, (Renumbered from 23-25-5, as enacted by Laws of Utah 1992, Chapter
106+97 23A-2-402, (Renumbered from 23-22-2, as last amended by Laws of Utah 2010,
107+98Chapter 324)
108+99 23A-2-403, (Renumbered from 23-22-3, as last amended by Laws of Utah 2011,
109+100Chapter 297)
110+101 23A-2-501, (Renumbered from 23-25-2, as last amended by Laws of Utah 2015,
111+102Chapter 258)
112+103 23A-2-502, (Renumbered from 23-25-3, as enacted by Laws of Utah 1992, Chapter
108113 104260)
109-105 23A-2-505, (Renumbered from 23-25-6, as enacted by Laws of Utah 1992, Chapter
114+105 23A-2-503, (Renumbered from 23-25-4, as enacted by Laws of Utah 1992, Chapter
110115 106260)
111-107 23A-2-506, (Renumbered from 23-25-7, as enacted by Laws of Utah 1992, Chapter
116+107 23A-2-504, (Renumbered from 23-25-5, as enacted by Laws of Utah 1992, Chapter
112117 108260)
113-109 23A-2-507, (Renumbered from 23-25-8, as enacted by Laws of Utah 1992, Chapter
118+109 23A-2-505, (Renumbered from 23-25-6, as enacted by Laws of Utah 1992, Chapter
114119 110260)
115-111 23A-2-508, (Renumbered from 23-25-9, as enacted by Laws of Utah 1992, Chapter
120+111 23A-2-506, (Renumbered from 23-25-7, as enacted by Laws of Utah 1992, Chapter
116121 112260)
117-113 23A-2-509, (Renumbered from 23-25-10, as last amended by Laws of Utah 1993, Enrolled Copy H.B. 30
122+113 23A-2-507, (Renumbered from 23-25-8, as enacted by Laws of Utah 1992, Chapter
123+114260)
124+115 23A-2-508, (Renumbered from 23-25-9, as enacted by Laws of Utah 1992, Chapter
125+116260)
126+117 23A-2-509, (Renumbered from 23-25-10, as last amended by Laws of Utah 1993,
127+118Chapter 4)
128+119 23A-2-510, (Renumbered from 23-25-11, as enacted by Laws of Utah 1992, Chapter
129+120260) 12-19-22 10:31 PM H.B. 30
118130 - 5 -
119-114Chapter 4)
120-115 23A-2-510, (Renumbered from 23-25-11, as enacted by Laws of Utah 1992, Chapter
121-116260)
122-117 23A-2-511, (Renumbered from 23-25-13, as enacted by Laws of Utah 1992, Chapter
123-118260)
124-119 23A-3-201, (Renumbered from 23-14-13, as last amended by Laws of Utah 2015,
125-120Chapter 30)
126-121 23A-3-202, (Renumbered from 23-14-14, as enacted by Laws of Utah 1971, Chapter
127-12246)
128-123 23A-3-203, (Renumbered from 23-14-13.5, as enacted by Laws of Utah 2017, Chapter
129-124383)
130-125 23A-3-204, (Renumbered from 23-14-14.2, as last amended by Laws of Utah 2022,
131-126Chapter 68)
132-127 23A-3-205, (Renumbered from 23-13-20, as enacted by Laws of Utah 2022, Chapter
133-12837)
134-129 23A-3-206, (Renumbered from 23-14-14.3, as enacted by Laws of Utah 2022, Chapter
135-13053)
136-131 23A-3-207, (Renumbered from 23-19-43, as last amended by Laws of Utah 2000,
137-132Chapter 195)
138-133 23A-3-208, (Renumbered from 23-19-47, as last amended by Laws of Utah 2007,
139-134Chapter 187)
140-135 23A-3-209, (Renumbered from 23-19-48, as enacted by Laws of Utah 2012, Chapter
141-136142)
142-137 23A-3-210, (Renumbered from 23-15-14, as last amended by Laws of Utah 2001,
143-138Chapter 22)
144-139 23A-3-211, (Renumbered from 23-27-305, as enacted by Laws of Utah 2020, Chapter
145-140195)
146-141 23A-3-212, (Renumbered from 23-30-103, as enacted by Laws of Utah 2012, Chapter H.B. 30 Enrolled Copy
131+121 23A-2-511, (Renumbered from 23-25-13, as enacted by Laws of Utah 1992, Chapter
132+122260)
133+123 23A-3-201, (Renumbered from 23-14-13, as last amended by Laws of Utah 2015,
134+124Chapter 30)
135+125 23A-3-202, (Renumbered from 23-14-14, as enacted by Laws of Utah 1971, Chapter
136+12646)
137+127 23A-3-203, (Renumbered from 23-14-13.5, as enacted by Laws of Utah 2017, Chapter
138+128383)
139+129 23A-3-204, (Renumbered from 23-14-14.2, as last amended by Laws of Utah 2022,
140+130Chapter 68)
141+131 23A-3-205, (Renumbered from 23-13-20, as enacted by Laws of Utah 2022, Chapter
142+13237)
143+133 23A-3-206, (Renumbered from 23-14-14.3, as enacted by Laws of Utah 2022, Chapter
144+13453)
145+135 23A-3-207, (Renumbered from 23-19-43, as last amended by Laws of Utah 2000,
146+136Chapter 195)
147+137 23A-3-208, (Renumbered from 23-19-47, as last amended by Laws of Utah 2007,
148+138Chapter 187)
149+139 23A-3-209, (Renumbered from 23-19-48, as enacted by Laws of Utah 2012, Chapter
150+140142)
151+141 23A-3-210, (Renumbered from 23-15-14, as last amended by Laws of Utah 2001,
152+142Chapter 22)
153+143 23A-3-211, (Renumbered from 23-27-305, as enacted by Laws of Utah 2020, Chapter
154+144195)
155+145 23A-3-212, (Renumbered from 23-30-103, as enacted by Laws of Utah 2012, Chapter
156+146143)
157+147 23A-3-213, (Renumbered from 23-19-17.7, as enacted by Laws of Utah 1984, Chapter
158+14830)
159+149 23A-3-301, (Renumbered from 23-31-102, as enacted by Laws of Utah 2020, Chapter
160+150190)
161+151 23A-3-302, (Renumbered from 23-31-103, as enacted by Laws of Utah 2020, Chapter H.B. 30 12-19-22 10:31 PM
147162 - 6 -
148-142143)
149-143 23A-3-213, (Renumbered from 23-19-17.7, as enacted by Laws of Utah 1984, Chapter
150-14430)
151-145 23A-3-301, (Renumbered from 23-31-102, as enacted by Laws of Utah 2020, Chapter
152-146190)
153-147 23A-3-302, (Renumbered from 23-31-103, as enacted by Laws of Utah 2020, Chapter
154-148190)
155-149 23A-3-303, (Renumbered from 23-31-104, as enacted by Laws of Utah 2020, Chapter
156-150190)
157-151 23A-3-304, (Renumbered from 23-31-201, as enacted by Laws of Utah 2020, Chapter
158163 152190)
159-153 23A-3-305, (Renumbered from 23-31-202, as enacted by Laws of Utah 2020, Chapter
164+153 23A-3-303, (Renumbered from 23-31-104, as enacted by Laws of Utah 2020, Chapter
160165 154190)
161-155 23A-3-306, (Renumbered from 23-31-203, as enacted by Laws of Utah 2020, Chapter
166+155 23A-3-304, (Renumbered from 23-31-201, as enacted by Laws of Utah 2020, Chapter
162167 156190)
163-157 23A-4-201, (Renumbered from 23-19-1, as last amended by Laws of Utah 2017,
164-158Chapter 104)
165-159 23A-4-202, (Renumbered from 23-19-2, as last amended by Laws of Utah 2019,
166-160Chapter 125)
167-161 23A-4-203, (Renumbered from 23-19-3, as last amended by Laws of Utah 1995,
168-162Chapter 211)
169-163 23A-4-204, (Renumbered from 23-19-4, as last amended by Laws of Utah 2007,
170-164Chapter 136)
171-165 23A-4-205, (Renumbered from 23-19-7, as last amended by Laws of Utah 2014,
172-166Chapter 21)
173-167 23A-4-206, (Renumbered from 23-19-8, as last amended by Laws of Utah 2019,
174-168Chapter 125)
175-169 23A-4-207, (Renumbered from 23-19-38, as last amended by Laws of Utah 2019, Enrolled Copy H.B. 30
168+157 23A-3-305, (Renumbered from 23-31-202, as enacted by Laws of Utah 2020, Chapter
169+158190)
170+159 23A-3-306, (Renumbered from 23-31-203, as enacted by Laws of Utah 2020, Chapter
171+160190)
172+161 23A-4-201, (Renumbered from 23-19-1, as last amended by Laws of Utah 2017,
173+162Chapter 104)
174+163 23A-4-202, (Renumbered from 23-19-2, as last amended by Laws of Utah 2019,
175+164Chapter 125)
176+165 23A-4-203, (Renumbered from 23-19-3, as last amended by Laws of Utah 1995,
177+166Chapter 211)
178+167 23A-4-204, (Renumbered from 23-19-4, as last amended by Laws of Utah 2007,
179+168Chapter 136)
180+169 23A-4-205, (Renumbered from 23-19-7, as last amended by Laws of Utah 2014,
181+170Chapter 21)
182+171 23A-4-206, (Renumbered from 23-19-8, as last amended by Laws of Utah 2019,
183+172Chapter 125)
184+173 23A-4-207, (Renumbered from 23-19-38, as last amended by Laws of Utah 2019,
185+174Chapter 349)
186+175 23A-4-208, (Renumbered from 23-19-10, as last amended by Laws of Utah 2005,
187+176Chapter 117)
188+177 23A-4-209, (Renumbered from 23-19-42, as last amended by Laws of Utah 2013,
189+178Chapter 295)
190+179 23A-4-210, (Renumbered from 23-19-45, as enacted by Laws of Utah 1997, Chapter
191+180179)
192+181 23A-4-301, (Renumbered from 23-19-38.2, as last amended by Laws of Utah 2011,
193+182Chapter 297) 12-19-22 10:31 PM H.B. 30
176194 - 7 -
177-170Chapter 349)
178-171 23A-4-208, (Renumbered from 23-19-10, as last amended by Laws of Utah 2005,
179-172Chapter 117)
180-173 23A-4-209, (Renumbered from 23-19-42, as last amended by Laws of Utah 2013,
181-174Chapter 295)
182-175 23A-4-210, (Renumbered from 23-19-45, as enacted by Laws of Utah 1997, Chapter
183-176179)
184-177 23A-4-301, (Renumbered from 23-19-38.2, as last amended by Laws of Utah 2011,
185-178Chapter 297)
186-179 23A-4-302, (Renumbered from 23-19-38.3, as last amended by Laws of Utah 2019,
187-180Chapter 135)
188-181 23A-4-303, (Renumbered from 23-19-14, as last amended by Laws of Utah 2018,
189-182Chapter 39)
190-183 23A-4-304, (Renumbered from 23-19-14.5, as last amended by Laws of Utah 2015,
191-184Chapter 25)
192-185 23A-4-305, (Renumbered from 23-19-36, as last amended by Laws of Utah 2019,
193-186Chapter 349)
194-187 23A-4-306, (Renumbered from 23-19-39, as last amended by Laws of Utah 1999,
195-188Chapter 128)
196-189 23A-4-401, (Renumbered from 23-19-17, as last amended by Laws of Utah 2007,
197-190Chapter 187)
198-191 23A-4-402, (Renumbered from 23-19-17.5, as last amended by Laws of Utah 2017,
199-192Chapter 46)
200-193 23A-4-501, (Renumbered from 23-19-15, as last amended by Laws of Utah 2017,
201-194Chapter 46)
202-195 23A-4-503, (Renumbered from 23-19-16, as last amended by Laws of Utah 2000,
203-196Chapter 195)
204-197 23A-4-601, (Renumbered from 23-19-21, as last amended by Laws of Utah 2014, H.B. 30 Enrolled Copy
195+183 23A-4-302, (Renumbered from 23-19-38.3, as last amended by Laws of Utah 2019,
196+184Chapter 135)
197+185 23A-4-303, (Renumbered from 23-19-14, as last amended by Laws of Utah 2018,
198+186Chapter 39)
199+187 23A-4-304, (Renumbered from 23-19-14.5, as last amended by Laws of Utah 2015,
200+188Chapter 25)
201+189 23A-4-305, (Renumbered from 23-19-36, as last amended by Laws of Utah 2019,
202+190Chapter 349)
203+191 23A-4-306, (Renumbered from 23-19-39, as last amended by Laws of Utah 1999,
204+192Chapter 128)
205+193 23A-4-401, (Renumbered from 23-19-17, as last amended by Laws of Utah 2007,
206+194Chapter 187)
207+195 23A-4-402, (Renumbered from 23-19-17.5, as last amended by Laws of Utah 2017,
208+196Chapter 46)
209+197 23A-4-501, (Renumbered from 23-19-15, as last amended by Laws of Utah 2017,
210+198Chapter 46)
211+199 23A-4-503, (Renumbered from 23-19-16, as last amended by Laws of Utah 2000,
212+200Chapter 195)
213+201 23A-4-601, (Renumbered from 23-19-21, as last amended by Laws of Utah 2014,
214+202Chapter 21)
215+203 23A-4-602, (Renumbered from 23-19-35, as last amended by Laws of Utah 1980,
216+204Chapter 28)
217+205 23A-4-701, (Renumbered from 23-19-14.6, as last amended by Laws of Utah 2016,
218+206Chapter 258)
219+207 23A-4-702, (Renumbered from 23-19-49, as enacted by Laws of Utah 2022, Chapter
220+208102)
221+209 23A-4-703, (Renumbered from 23-19-22, as last amended by Laws of Utah 2016,
222+210Chapter 258)
223+211 23A-4-704, (Renumbered from 23-19-22.5, as last amended by Laws of Utah 2007,
224+212Chapter 187)
225+213 23A-4-705, (Renumbered from 23-19-22.6, as last amended by Laws of Utah 2007, H.B. 30 12-19-22 10:31 PM
205226 - 8 -
206-198Chapter 21)
207-199 23A-4-602, (Renumbered from 23-19-35, as last amended by Laws of Utah 1980,
208-200Chapter 28)
209-201 23A-4-701, (Renumbered from 23-19-14.6, as last amended by Laws of Utah 2016,
210-202Chapter 258)
211-203 23A-4-702, (Renumbered from 23-19-49, as enacted by Laws of Utah 2022, Chapter
212-204102)
213-205 23A-4-703, (Renumbered from 23-19-22, as last amended by Laws of Utah 2016,
214-206Chapter 258)
215-207 23A-4-704, (Renumbered from 23-19-22.5, as last amended by Laws of Utah 2007,
216-208Chapter 187)
217-209 23A-4-705, (Renumbered from 23-19-22.6, as last amended by Laws of Utah 2007,
218-210Chapter 187)
219-211 23A-4-706, (Renumbered from 23-19-24, as last amended by Laws of Utah 2007,
220-212Chapter 187)
221-213 23A-4-707, (Renumbered from 23-19-26, as last amended by Laws of Utah 2007,
222227 214Chapter 187)
223-215 23A-4-708, (Renumbered from 23-20-20, as last amended by Laws of Utah 2011,
224-216Chapter 297)
225-217 23A-4-709, (Renumbered from 23-20-30, as last amended by Laws of Utah 2020,
226-218Chapter 135)
227-219 23A-4-801, (Renumbered from 23-19-34.5, as last amended by Laws of Utah 2010,
228-220Chapter 256)
229-221 23A-4-802, (Renumbered from 23-19-34.7, as last amended by Laws of Utah 2010,
230-222Chapter 256)
231-223 23A-4-901, (Renumbered from 23-19-27, as last amended by Laws of Utah 2001,
232-224Chapter 22)
233-225 23A-4-902, (Renumbered from 23-19-31, as last amended by Laws of Utah 1980, Enrolled Copy H.B. 30
228+215 23A-4-706, (Renumbered from 23-19-24, as last amended by Laws of Utah 2007,
229+216Chapter 187)
230+217 23A-4-707, (Renumbered from 23-19-26, as last amended by Laws of Utah 2007,
231+218Chapter 187)
232+219 23A-4-708, (Renumbered from 23-20-20, as last amended by Laws of Utah 2011,
233+220Chapter 297)
234+221 23A-4-709, (Renumbered from 23-20-30, as last amended by Laws of Utah 2020,
235+222Chapter 135)
236+223 23A-4-801, (Renumbered from 23-19-34.5, as last amended by Laws of Utah 2010,
237+224Chapter 256)
238+225 23A-4-802, (Renumbered from 23-19-34.7, as last amended by Laws of Utah 2010,
239+226Chapter 256)
240+227 23A-4-901, (Renumbered from 23-19-27, as last amended by Laws of Utah 2001,
241+228Chapter 22)
242+229 23A-4-902, (Renumbered from 23-19-31, as last amended by Laws of Utah 1980,
243+230Chapter 28)
244+231 23A-4-903, (Renumbered from 23-19-32, as last amended by Laws of Utah 1980,
245+232Chapter 28)
246+233 23A-4-904, (Renumbered from 23-19-33, as last amended by Laws of Utah 1980,
247+234Chapter 28)
248+235 23A-4-905, (Renumbered from 23-18-5, as last amended by Laws of Utah 2011,
249+236Chapter 297)
250+237 23A-4-1001, (Renumbered from 23-19-11, as last amended by Laws of Utah 2022,
251+238Chapter 57)
252+239 23A-4-1002, (Renumbered from 23-19-11.1, as last amended by Laws of Utah 2017,
253+240Chapter 46)
254+241 23A-4-1003, (Renumbered from 23-19-12, as last amended by Laws of Utah 2022,
255+242Chapter 57)
256+243 23A-4-1004, (Renumbered from 23-19-12.7, as enacted by Laws of Utah 1998, Chapter
257+244166) 12-19-22 10:31 PM H.B. 30
234258 - 9 -
235-226Chapter 28)
236-227 23A-4-903, (Renumbered from 23-19-32, as last amended by Laws of Utah 1980,
237-228Chapter 28)
238-229 23A-4-904, (Renumbered from 23-19-33, as last amended by Laws of Utah 1980,
239-230Chapter 28)
240-231 23A-4-905, (Renumbered from 23-18-5, as last amended by Laws of Utah 2011,
241-232Chapter 297)
242-233 23A-4-1001, (Renumbered from 23-19-11, as last amended by Laws of Utah 2022,
243-234Chapter 57)
244-235 23A-4-1002, (Renumbered from 23-19-11.1, as last amended by Laws of Utah 2017,
245-236Chapter 46)
246-237 23A-4-1003, (Renumbered from 23-19-12, as last amended by Laws of Utah 2022,
247-238Chapter 57)
248-239 23A-4-1004, (Renumbered from 23-19-12.7, as enacted by Laws of Utah 1998, Chapter
249-240166)
250-241 23A-4-1005, (Renumbered from 23-19-11.5, as last amended by Laws of Utah 2017,
251-242Chapter 46)
252-243 23A-4-1006, (Renumbered from 23-19-12.5, as enacted by Laws of Utah 1995, Chapter
253-244120)
254-245 23A-4-1007, (Renumbered from 23-19-13, as last amended by Laws of Utah 1995,
255-246Chapter 120)
256-247 23A-4-1101, (Renumbered from 23-19-5, as last amended by Laws of Utah 2007,
257-248Chapter 136)
258-249 23A-4-1102, (Renumbered from 23-19-5.5, as last amended by Laws of Utah 2022,
259-250Chapter 58)
260-251 23A-4-1103, (Renumbered from 23-19-6, as last amended by Laws of Utah 1979,
261-252Chapter 90)
262-253 23A-4-1106, (Renumbered from 23-19-9, as last amended by Laws of Utah 2021, H.B. 30 Enrolled Copy
259+245 23A-4-1005, (Renumbered from 23-19-11.5, as last amended by Laws of Utah 2017,
260+246Chapter 46)
261+247 23A-4-1006, (Renumbered from 23-19-12.5, as enacted by Laws of Utah 1995, Chapter
262+248120)
263+249 23A-4-1007, (Renumbered from 23-19-13, as last amended by Laws of Utah 1995,
264+250Chapter 120)
265+251 23A-4-1101, (Renumbered from 23-19-5, as last amended by Laws of Utah 2007,
266+252Chapter 136)
267+253 23A-4-1102, (Renumbered from 23-19-5.5, as last amended by Laws of Utah 2022,
268+254Chapter 58)
269+255 23A-4-1103, (Renumbered from 23-19-6, as last amended by Laws of Utah 1979,
270+256Chapter 90)
271+257 23A-4-1106, (Renumbered from 23-19-9, as last amended by Laws of Utah 2021,
272+258Chapter 57)
273+259 23A-4-1108, (Renumbered from 23-19-9.1, as enacted by Laws of Utah 1997, Chapter
274+260232)
275+261 23A-4-1109, (Renumbered from 23-19-9.5, as last amended by Laws of Utah 1995,
276+262Chapter 211)
277+263 23A-5-201, (Renumbered from 23-20-1, as last amended by Laws of Utah 2013,
278+264Chapter 394)
279+265 23A-5-202, (Renumbered from 23-20-1.5, as last amended by Laws of Utah 1998,
280+266Chapter 282)
281+267 23A-5-203, (Renumbered from 23-20-2, as enacted by Laws of Utah 1971, Chapter 46)
282+268 23A-5-204, (Renumbered from 23-20-10, as last amended by Laws of Utah 2019,
283+269Chapter 125)
284+270 23A-5-205, (Renumbered from 23-20-16, as last amended by Laws of Utah 1998,
285+271Chapter 282)
286+272 23A-5-206, (Renumbered from 23-20-28, as last amended by Laws of Utah 2011,
287+273Chapter 297)
288+274 23A-5-207, (Renumbered from 23-20-25, as last amended by Laws of Utah 1994,
289+275Chapter 208) H.B. 30 12-19-22 10:31 PM
263290 - 10 -
264-254Chapter 57)
265-255 23A-4-1108, (Renumbered from 23-19-9.1, as enacted by Laws of Utah 1997, Chapter
266-256232)
267-257 23A-4-1109, (Renumbered from 23-19-9.5, as last amended by Laws of Utah 1995,
268-258Chapter 211)
269-259 23A-5-201, (Renumbered from 23-20-1, as last amended by Laws of Utah 2013,
270-260Chapter 394)
271-261 23A-5-202, (Renumbered from 23-20-1.5, as last amended by Laws of Utah 1998,
272-262Chapter 282)
273-263 23A-5-203, (Renumbered from 23-20-2, as enacted by Laws of Utah 1971, Chapter 46)
274-264 23A-5-204, (Renumbered from 23-20-10, as last amended by Laws of Utah 2019,
275-265Chapter 125)
276-266 23A-5-205, (Renumbered from 23-20-16, as last amended by Laws of Utah 1998,
277-267Chapter 282)
278-268 23A-5-206, (Renumbered from 23-20-28, as last amended by Laws of Utah 2011,
279-269Chapter 297)
280-270 23A-5-207, (Renumbered from 23-20-25, as last amended by Laws of Utah 1994,
281-271Chapter 208)
282-272 23A-5-301, (Renumbered from 23-13-11, as last amended by Laws of Utah 2009,
283-273Chapter 347)
284-274 23A-5-302, (Renumbered from 23-13-4, as enacted by Laws of Utah 1971, Chapter 46)
285-275 23A-5-303, (Renumbered from 23-13-5, as last amended by Laws of Utah 1973,
286-276Chapter 33)
287-277 23A-5-304, (Renumbered from 23-13-13, as last amended by Laws of Utah 1975,
288-278Chapter 60)
289-279 23A-5-305, (Renumbered from 23-13-14, as last amended by Laws of Utah 2017,
290-280Chapter 129)
291-281 23A-5-307, (Renumbered from 23-13-18, as last amended by Laws of Utah 2021, Enrolled Copy H.B. 30
291+276 23A-5-301, (Renumbered from 23-13-11, as last amended by Laws of Utah 2009,
292+277Chapter 347)
293+278 23A-5-302, (Renumbered from 23-13-4, as enacted by Laws of Utah 1971, Chapter 46)
294+279 23A-5-303, (Renumbered from 23-13-5, as last amended by Laws of Utah 1973,
295+280Chapter 33)
296+281 23A-5-304, (Renumbered from 23-13-13, as last amended by Laws of Utah 1975,
297+282Chapter 60)
298+283 23A-5-305, (Renumbered from 23-13-14, as last amended by Laws of Utah 2017,
299+284Chapter 129)
300+285 23A-5-307, (Renumbered from 23-13-18, as last amended by Laws of Utah 2021,
301+286Chapter 177)
302+287 23A-5-308, (Renumbered from 23-13-19, as last amended by Laws of Utah 2017,
303+288Chapter 345)
304+289 23A-5-309, (Renumbered from 23-20-3, as last amended by Laws of Utah 2009,
305+290Chapter 347)
306+291 23A-5-310, (Renumbered from 23-20-3.5, as enacted by Laws of Utah 2000, Chapter 5)
307+292 23A-5-311, (Renumbered from 23-20-4, as last amended by Laws of Utah 2009,
308+293Chapter 250)
309+294 23A-5-312, (Renumbered from 23-20-4.5, as last amended by Laws of Utah 2009,
310+295Chapter 250)
311+296 23A-5-313, (Renumbered from 23-20-4.7, as enacted by Laws of Utah 2010, Chapter
312+29752)
313+298 23A-5-314, (Renumbered from 23-20-8, as last amended by Laws of Utah 2013,
314+299Chapter 282)
315+300 23A-5-315, (Renumbered from 23-20-12, as last amended by Laws of Utah 2011,
316+301Chapter 366)
317+302 23A-5-316, (Renumbered from 23-20-13, as last amended by Laws of Utah 1995,
318+303Chapters 23 and 211)
319+304 23A-5-317, (Renumbered from 23-20-14, as last amended by Laws of Utah 2022,
320+305Chapter 87)
321+306 23A-5-318, (Renumbered from 23-20-15, as enacted by Laws of Utah 1971, Chapter 12-19-22 10:31 PM H.B. 30
292322 - 11 -
293-282Chapter 177)
294-283 23A-5-308, (Renumbered from 23-13-19, as last amended by Laws of Utah 2017,
295-284Chapter 345)
296-285 23A-5-309, (Renumbered from 23-20-3, as last amended by Laws of Utah 2009,
297-286Chapter 347)
298-287 23A-5-310, (Renumbered from 23-20-3.5, as enacted by Laws of Utah 2000, Chapter 5)
299-288 23A-5-311, (Renumbered from 23-20-4, as last amended by Laws of Utah 2009,
300-289Chapter 250)
301-290 23A-5-312, (Renumbered from 23-20-4.5, as last amended by Laws of Utah 2009,
302-291Chapter 250)
303-292 23A-5-313, (Renumbered from 23-20-4.7, as enacted by Laws of Utah 2010, Chapter
304-29352)
305-294 23A-5-314, (Renumbered from 23-20-8, as last amended by Laws of Utah 2013,
306-295Chapter 282)
307-296 23A-5-315, (Renumbered from 23-20-12, as last amended by Laws of Utah 2011,
308-297Chapter 366)
309-298 23A-5-316, (Renumbered from 23-20-13, as last amended by Laws of Utah 1995,
310-299Chapters 23 and 211)
311-300 23A-5-317, (Renumbered from 23-20-14, as last amended by Laws of Utah 2022,
312-301Chapter 87)
313-302 23A-5-318, (Renumbered from 23-20-15, as enacted by Laws of Utah 1971, Chapter
314-30346)
315-304 23A-5-319, (Renumbered from 23-20-18, as last amended by Laws of Utah 1975,
316-305Chapter 60)
317-306 23A-5-320, (Renumbered from 23-20-19, as last amended by Laws of Utah 1975,
318-307Chapter 60)
319-308 23A-5-321, (Renumbered from 23-20-29, as last amended by Laws of Utah 2011,
320-309Chapter 297) H.B. 30 Enrolled Copy
323+30746)
324+308 23A-5-319, (Renumbered from 23-20-18, as last amended by Laws of Utah 1975,
325+309Chapter 60)
326+310 23A-5-320, (Renumbered from 23-20-19, as last amended by Laws of Utah 1975,
327+311Chapter 60)
328+312 23A-5-321, (Renumbered from 23-20-29, as last amended by Laws of Utah 2011,
329+313Chapter 297)
330+314 23A-5-322, (Renumbered from 23-20-29.5, as enacted by Laws of Utah 1994, Chapter
331+31587)
332+316 23A-6-101, (Renumbered from 23-21-.5, as last amended by Laws of Utah 2019,
333+317Chapter 141)
334+318 23A-6-201, (Renumbered from 23-21-1, as enacted by Laws of Utah 1971, Chapter 46)
335+319 23A-6-202, (Renumbered from 23-21-1.5, as last amended by Laws of Utah 2009,
336+320Chapter 388)
337+321 23A-6-203, (Renumbered from 23-21-2, as last amended by Laws of Utah 2011,
338+322Chapter 297)
339+323 23A-6-204, (Renumbered from 23-21-6, as last amended by Laws of Utah 1993,
340+324Chapter 227)
341+325 23A-6-301, (Renumbered from 23-21-2.1, as enacted by Laws of Utah 1998, Chapter
342+326218)
343+327 23A-6-302, (Renumbered from 23-21-2.2, as enacted by Laws of Utah 1998, Chapter
344+328218)
345+329 23A-6-303, (Renumbered from 23-21-2.3, as last amended by Laws of Utah 2021,
346+330Chapter 382)
347+331 23A-6-304, (Renumbered from 23-21-2.4, as enacted by Laws of Utah 1998, Chapter
348+332218)
349+333 23A-6-305, (Renumbered from 23-21-2.5, as enacted by Laws of Utah 1998, Chapter
350+334218)
351+335 23A-6-401, (Renumbered from 23-21-2.6, as enacted by Laws of Utah 2022, Chapter
352+33652)
353+337 23A-6-402, (Renumbered from 23-21-4, as last amended by Laws of Utah 2000, H.B. 30 12-19-22 10:31 PM
321354 - 12 -
322-310 23A-5-322, (Renumbered from 23-20-29.5, as enacted by Laws of Utah 1994, Chapter
323-31187)
324-312 23A-6-101, (Renumbered from 23-21-.5, as last amended by Laws of Utah 2019,
325-313Chapter 141)
326-314 23A-6-201, (Renumbered from 23-21-1, as enacted by Laws of Utah 1971, Chapter 46)
327-315 23A-6-202, (Renumbered from 23-21-1.5, as last amended by Laws of Utah 2009,
328-316Chapter 388)
329-317 23A-6-203, (Renumbered from 23-21-2, as last amended by Laws of Utah 2011,
330-318Chapter 297)
331-319 23A-6-204, (Renumbered from 23-21-6, as last amended by Laws of Utah 1993,
332-320Chapter 227)
333-321 23A-6-301, (Renumbered from 23-21-2.1, as enacted by Laws of Utah 1998, Chapter
334-322218)
335-323 23A-6-302, (Renumbered from 23-21-2.2, as enacted by Laws of Utah 1998, Chapter
336-324218)
337-325 23A-6-303, (Renumbered from 23-21-2.3, as last amended by Laws of Utah 2021,
338-326Chapter 382)
339-327 23A-6-304, (Renumbered from 23-21-2.4, as enacted by Laws of Utah 1998, Chapter
340-328218)
341-329 23A-6-305, (Renumbered from 23-21-2.5, as enacted by Laws of Utah 1998, Chapter
342-330218)
343-331 23A-6-401, (Renumbered from 23-21-2.6, as enacted by Laws of Utah 2022, Chapter
344-33252)
345-333 23A-6-402, (Renumbered from 23-21-4, as last amended by Laws of Utah 2000,
346-334Chapter 156)
347-335 23A-6-403, (Renumbered from 23-21-5, as last amended by Laws of Utah 2019,
348-336Chapter 141)
349-337 23A-6-404, (Renumbered from 23-21-7, as enacted by Laws of Utah 2009, Chapter Enrolled Copy H.B. 30
355+338Chapter 156)
356+339 23A-6-403, (Renumbered from 23-21-5, as last amended by Laws of Utah 2019,
357+340Chapter 141)
358+341 23A-6-404, (Renumbered from 23-21-7, as enacted by Laws of Utah 2009, Chapter
359+342347)
360+343 23A-7-101, (Renumbered from 23-23-2, as last amended by Laws of Utah 2005,
361+344Chapter 112)
362+345 23A-7-102, (Renumbered from 23-23-3, as last amended by Laws of Utah 2005,
363+346Chapter 112)
364+347 23A-7-103, (Renumbered from 23-23-1, as last amended by Laws of Utah 1997,
365+348Chapter 258)
366+349 23A-7-201, (Renumbered from 23-23-4, as last amended by Laws of Utah 1997,
367+350Chapter 258)
368+351 23A-7-202, (Renumbered from 23-23-5, as last amended by Laws of Utah 1997,
369+352Chapter 258)
370+353 23A-7-203, (Renumbered from 23-23-6, as repealed and reenacted by Laws of Utah
371+3541997, Chapter 258)
372+355 23A-7-204, (Renumbered from 23-23-7, as last amended by Laws of Utah 2005,
373+356Chapter 112)
374+357 23A-7-205, (Renumbered from 23-23-7.5, as enacted by Laws of Utah 1997, Chapter
375+358258)
376+359 23A-7-206, (Renumbered from 23-23-8, as last amended by Laws of Utah 1997,
377+360Chapter 258)
378+361 23A-7-207, (Renumbered from 23-23-9, as last amended by Laws of Utah 1997,
379+362Chapter 258)
380+363 23A-7-208, (Renumbered from 23-23-10, as last amended by Laws of Utah 2000,
381+364Chapter 44)
382+365 23A-7-209, (Renumbered from 23-23-11, as last amended by Laws of Utah 2011,
383+366Chapter 297)
384+367 23A-7-210, (Renumbered from 23-23-12, as enacted by Laws of Utah 1988, Chapter
385+368158) 12-19-22 10:31 PM H.B. 30
350386 - 13 -
351-338347)
352-339 23A-7-101, (Renumbered from 23-23-2, as last amended by Laws of Utah 2005,
353-340Chapter 112)
354-341 23A-7-102, (Renumbered from 23-23-3, as last amended by Laws of Utah 2005,
355-342Chapter 112)
356-343 23A-7-103, (Renumbered from 23-23-1, as last amended by Laws of Utah 1997,
357-344Chapter 258)
358-345 23A-7-201, (Renumbered from 23-23-4, as last amended by Laws of Utah 1997,
359-346Chapter 258)
360-347 23A-7-202, (Renumbered from 23-23-5, as last amended by Laws of Utah 1997,
361-348Chapter 258)
362-349 23A-7-203, (Renumbered from 23-23-6, as repealed and reenacted by Laws of Utah
363-3501997, Chapter 258)
364-351 23A-7-204, (Renumbered from 23-23-7, as last amended by Laws of Utah 2005,
365-352Chapter 112)
366-353 23A-7-205, (Renumbered from 23-23-7.5, as enacted by Laws of Utah 1997, Chapter
367-354258)
368-355 23A-7-206, (Renumbered from 23-23-8, as last amended by Laws of Utah 1997,
369-356Chapter 258)
370-357 23A-7-207, (Renumbered from 23-23-9, as last amended by Laws of Utah 1997,
371-358Chapter 258)
372-359 23A-7-208, (Renumbered from 23-23-10, as last amended by Laws of Utah 2000,
373-360Chapter 44)
374-361 23A-7-209, (Renumbered from 23-23-11, as last amended by Laws of Utah 2011,
375-362Chapter 297)
376-363 23A-7-210, (Renumbered from 23-23-12, as enacted by Laws of Utah 1988, Chapter
377-364158)
378-365 23A-7-211, (Renumbered from 23-23-13, as enacted by Laws of Utah 1988, Chapter H.B. 30 Enrolled Copy
387+369 23A-7-211, (Renumbered from 23-23-13, as enacted by Laws of Utah 1988, Chapter
388+370158)
389+371 23A-7-212, (Renumbered from 23-23-14, as last amended by Laws of Utah 2013,
390+372Chapter 212)
391+373 23A-8-201, (Renumbered from 23-24-1, as last amended by Laws of Utah 2017,
392+374Chapter 345)
393+375 23A-8-202, (Renumbered from 23-24-2, as enacted by Laws of Utah 2020, Chapter
394+376100)
395+377 23A-8-203, (Renumbered from 23-18-4, as enacted by Laws of Utah 1971, Chapter 46)
396+378 23A-8-301, (Renumbered from 23-17-4, as last amended by Laws of Utah 2011,
397+379Chapter 297)
398+380 23A-8-302, (Renumbered from 23-17-5.1, as enacted by Laws of Utah 2013, Chapter
399+381375)
400+382 23A-8-401, (Renumbered from 23-16-2, as enacted by Laws of Utah 1971, Chapter 46)
401+383 23A-8-402, (Renumbered from 23-16-3, as last amended by Laws of Utah 2022,
402+384Chapter 45)
403+385 23A-8-403, (Renumbered from 23-16-3.1, as last amended by Laws of Utah 2022,
404+386Chapter 45)
405+387 23A-8-404, (Renumbered from 23-16-3.2, as last amended by Laws of Utah 2022,
406+388Chapter 45)
407+389 23A-8-405, (Renumbered from 23-16-4, as last amended by Laws of Utah 2022,
408+390Chapter 45)
409+391 23A-9-201, (Renumbered from 23-15-4, as last amended by Laws of Utah 2018,
410+392Chapter 148)
411+393 23A-9-202, (Renumbered from 23-15-5, as enacted by Laws of Utah 1971, Chapter 46)
412+394 23A-9-203, (Renumbered from 23-15-10, as last amended by Laws of Utah 2017,
413+395Chapter 412)
414+396 23A-9-204, (Renumbered from 23-15-13, as last amended by Laws of Utah 1997,
415+397Chapter 82)
416+398 23A-9-301, (Renumbered from 23-15-3, as last amended by Laws of Utah 1983,
417+399Chapter 347) H.B. 30 12-19-22 10:31 PM
379418 - 14 -
380-366158)
381-367 23A-7-212, (Renumbered from 23-23-14, as last amended by Laws of Utah 2013,
382-368Chapter 212)
383-369 23A-8-201, (Renumbered from 23-24-1, as last amended by Laws of Utah 2017,
384-370Chapter 345)
385-371 23A-8-202, (Renumbered from 23-24-2, as enacted by Laws of Utah 2020, Chapter
386-372100)
387-373 23A-8-203, (Renumbered from 23-18-4, as enacted by Laws of Utah 1971, Chapter 46)
388-374 23A-8-301, (Renumbered from 23-17-4, as last amended by Laws of Utah 2011,
389-375Chapter 297)
390-376 23A-8-302, (Renumbered from 23-17-5.1, as enacted by Laws of Utah 2013, Chapter
391-377375)
392-378 23A-8-401, (Renumbered from 23-16-2, as enacted by Laws of Utah 1971, Chapter 46)
393-379 23A-8-402, (Renumbered from 23-16-3, as last amended by Laws of Utah 2022,
394-380Chapter 45)
395-381 23A-8-403, (Renumbered from 23-16-3.1, as last amended by Laws of Utah 2022,
396-382Chapter 45)
397-383 23A-8-404, (Renumbered from 23-16-3.2, as last amended by Laws of Utah 2022,
398-384Chapter 45)
399-385 23A-8-405, (Renumbered from 23-16-4, as last amended by Laws of Utah 2022,
400-386Chapter 45)
401-387 23A-9-201, (Renumbered from 23-15-4, as last amended by Laws of Utah 2018,
402-388Chapter 148)
403-389 23A-9-202, (Renumbered from 23-15-5, as enacted by Laws of Utah 1971, Chapter 46)
404-390 23A-9-203, (Renumbered from 23-15-10, as last amended by Laws of Utah 2017,
405-391Chapter 412)
406-392 23A-9-204, (Renumbered from 23-15-13, as last amended by Laws of Utah 1997,
407-393Chapter 82) Enrolled Copy H.B. 30
419+400 23A-9-302, (Renumbered from 23-15-6, as enacted by Laws of Utah 1971, Chapter 46)
420+401 23A-9-303, (Renumbered from 23-15-7, as enacted by Laws of Utah 1971, Chapter 46)
421+402 23A-9-304, (Renumbered from 23-15-8, as last amended by Laws of Utah 1994,
422+403Chapter 153)
423+404 23A-9-305, (Renumbered from 23-15-9, as last amended by Laws of Utah 2011,
424+405Chapter 297)
425+406 23A-10-101, (Renumbered from 23-27-102, as last amended by Laws of Utah 2020,
426+407Chapter 195)
427+408 23A-10-201, (Renumbered from 23-27-201, as last amended by Laws of Utah 2014,
428+409Chapter 274)
429+410 23A-10-202, (Renumbered from 23-27-202, as enacted by Laws of Utah 2008, Chapter
430+411284)
431+412 23A-10-301, (Renumbered from 23-27-301, as last amended by Laws of Utah 2020,
432+413Chapter 195)
433+414 23A-10-302, (Renumbered from 23-27-302, as enacted by Laws of Utah 2008, Chapter
434+415284)
435+416 23A-10-303, (Renumbered from 23-27-303, as enacted by Laws of Utah 2008, Chapter
436+417284)
437+418 23A-10-304, (Renumbered from 23-27-304, as enacted by Laws of Utah 2020, Chapter
438+419195)
439+420 23A-10-305, (Renumbered from 23-27-306, as enacted by Laws of Utah 2020, Chapter
440+421195)
441+422 23A-10-401, (Renumbered from 23-27-401, as enacted by Laws of Utah 2008, Chapter
442+423284)
443+424 23A-10-501, (Renumbered from 23-27-501, as enacted by Laws of Utah 2021, Chapter
444+425248)
445+426 23A-11-101, (Renumbered from 23-16-1.1, as last amended by Laws of Utah 2022,
446+427Chapter 45)
447+428 23A-11-201, (Renumbered from 23-16-5, as last amended by Laws of Utah 2022,
448+429Chapter 294)
449+430 23A-11-202, (Renumbered from 23-16-6, as last amended by Laws of Utah 2008, 12-19-22 10:31 PM H.B. 30
408450 - 15 -
409-394 23A-9-301, (Renumbered from 23-15-3, as last amended by Laws of Utah 1983,
410-395Chapter 347)
411-396 23A-9-302, (Renumbered from 23-15-6, as enacted by Laws of Utah 1971, Chapter 46)
412-397 23A-9-303, (Renumbered from 23-15-7, as enacted by Laws of Utah 1971, Chapter 46)
413-398 23A-9-304, (Renumbered from 23-15-8, as last amended by Laws of Utah 1994,
414-399Chapter 153)
415-400 23A-9-305, (Renumbered from 23-15-9, as last amended by Laws of Utah 2011,
416-401Chapter 297)
417-402 23A-10-101, (Renumbered from 23-27-102, as last amended by Laws of Utah 2020,
418-403Chapter 195)
419-404 23A-10-201, (Renumbered from 23-27-201, as last amended by Laws of Utah 2014,
420-405Chapter 274)
421-406 23A-10-202, (Renumbered from 23-27-202, as enacted by Laws of Utah 2008, Chapter
422-407284)
423-408 23A-10-301, (Renumbered from 23-27-301, as last amended by Laws of Utah 2020,
424-409Chapter 195)
425-410 23A-10-302, (Renumbered from 23-27-302, as enacted by Laws of Utah 2008, Chapter
426-411284)
427-412 23A-10-303, (Renumbered from 23-27-303, as enacted by Laws of Utah 2008, Chapter
428-413284)
429-414 23A-10-304, (Renumbered from 23-27-304, as enacted by Laws of Utah 2020, Chapter
430-415195)
431-416 23A-10-305, (Renumbered from 23-27-306, as enacted by Laws of Utah 2020, Chapter
432-417195)
433-418 23A-10-401, (Renumbered from 23-27-401, as enacted by Laws of Utah 2008, Chapter
434-419284)
435-420 23A-10-501, (Renumbered from 23-27-501, as enacted by Laws of Utah 2021, Chapter
436-421248) H.B. 30 Enrolled Copy
451+431Chapter 239)
452+432 23A-11-203, (Renumbered from 23-16-11, as enacted by Laws of Utah 2021, Chapter
453+433177)
454+434 23A-11-204, (Renumbered from 23-20-33, as enacted by Laws of Utah 2022, Chapter
455+43545)
456+436 23A-11-205, (Renumbered from 23-20-31, as last amended by Laws of Utah 2011,
457+437Chapter 297)
458+438 23A-11-301, (Renumbered from 23-16-7, as last amended by Laws of Utah 1995,
459+439Chapter 211)
460+440 23A-11-302, (Renumbered from 23-16-10, as enacted by Laws of Utah 2020, Chapter
461+44115)
462+442 23A-11-401, (Renumbered from 23-30-102, as enacted by Laws of Utah 2012, Chapter
463+443143)
464+444 23A-11-402, (Renumbered from 23-30-104, as enacted by Laws of Utah 2012, Chapter
465+445143)
466+446 23A-12-201, (Renumbered from 23-17-5.2, as enacted by Laws of Utah 2013, Chapter
467+447375)
468+448 23A-12-202, (Renumbered from 23-17-6, as last amended by Laws of Utah 2015,
469+449Chapter 200)
470+450 23A-12-203, (Renumbered from 23-17-7, as enacted by Laws of Utah 1971, Chapter
471+45146)
472+452 23A-12-204, (Renumbered from 23-17-8, as last amended by Laws of Utah 2011,
473+453Chapter 297)
474+454 23A-12-205, (Renumbered from 23-17-9, as enacted by Laws of Utah 1971, Chapter
475+45546)
476+456 23A-12-301, (Renumbered from 23-32-102, as enacted by Laws of Utah 2021, Chapter
477+457177)
478+458 23A-12-302, (Renumbered from 23-32-103, as enacted by Laws of Utah 2021, Chapter
479+459177)
480+460 23A-12-303, (Renumbered from 23-32-104, as enacted by Laws of Utah 2021, Chapter
481+461177) H.B. 30 12-19-22 10:31 PM
437482 - 16 -
438-422 23A-11-101, (Renumbered from 23-16-1.1, as last amended by Laws of Utah 2022,
439-423Chapter 45)
440-424 23A-11-201, (Renumbered from 23-16-5, as last amended by Laws of Utah 2022,
441-425Chapter 294)
442-426 23A-11-202, (Renumbered from 23-16-6, as last amended by Laws of Utah 2008,
443-427Chapter 239)
444-428 23A-11-203, (Renumbered from 23-16-11, as enacted by Laws of Utah 2021, Chapter
445-429177)
446-430 23A-11-204, (Renumbered from 23-20-33, as enacted by Laws of Utah 2022, Chapter
447-43145)
448-432 23A-11-205, (Renumbered from 23-20-31, as last amended by Laws of Utah 2011,
449-433Chapter 297)
450-434 23A-11-301, (Renumbered from 23-16-7, as last amended by Laws of Utah 1995,
451-435Chapter 211)
452-436 23A-11-302, (Renumbered from 23-16-10, as enacted by Laws of Utah 2020, Chapter
453-43715)
454-438 23A-11-401, (Renumbered from 23-30-102, as enacted by Laws of Utah 2012, Chapter
455-439143)
456-440 23A-11-402, (Renumbered from 23-30-104, as enacted by Laws of Utah 2012, Chapter
457-441143)
458-442 23A-12-201, (Renumbered from 23-17-5.2, as enacted by Laws of Utah 2013, Chapter
459-443375)
460-444 23A-12-202, (Renumbered from 23-17-6, as last amended by Laws of Utah 2015,
461-445Chapter 200)
462-446 23A-12-203, (Renumbered from 23-17-7, as enacted by Laws of Utah 1971, Chapter
463-44746)
464-448 23A-12-204, (Renumbered from 23-17-8, as last amended by Laws of Utah 2011,
465-449Chapter 297) Enrolled Copy H.B. 30
483+462 23A-13-101, (Renumbered from 23-28-102, as enacted by Laws of Utah 2009, Chapter
484+463273)
485+464 23A-13-201, (Renumbered from 23-28-201, as last amended by Laws of Utah 2021,
486+465Chapter 41)
487+466 23A-13-202, (Renumbered from 23-28-202, as last amended by Laws of Utah 2021,
488+467Chapter 41)
489+468 23A-13-301, (Renumbered from 23-28-301, as enacted by Laws of Utah 2009, Chapter
490+469273)
491+470 23A-13-302, (Renumbered from 23-28-302, as last amended by Laws of Utah 2021,
492+471Chapter 41)
493+472 23A-13-303, (Renumbered from 23-28-303, as last amended by Laws of Utah 2019,
494+473Chapter 81)
495+474 23A-13-304, (Renumbered from 23-28-304, as enacted by Laws of Utah 2009, Chapter
496+475273)
497+476 23A-13-305, (Renumbered from 23-28-305, as enacted by Laws of Utah 2009, Chapter
498+477273)
499+478 23A-14-201, (Renumbered from 23-18-2, as last amended by Laws of Utah 1986,
500+479Chapter 76)
501+480 23A-14-202, (Renumbered from 23-18-3, as enacted by Laws of Utah 1971, Chapter
502+48146)
503+482 23A-14-203, (Renumbered from 23-18-6, as enacted by Laws of Utah 1993, Chapter
504+483264)
505+484 23A-15-101, (Renumbered from 23-29-102, as enacted by Laws of Utah 2010, Chapter
506+48520)
507+486 23A-15-102, (Renumbered from 23-29-103, as enacted by Laws of Utah 2010, Chapter
508+48720)
509+488 23A-15-201, (Renumbered from 23-29-201, as enacted by Laws of Utah 2010, Chapter
510+48920)
511+490 23A-15-202, (Renumbered from 23-29-202, as enacted by Laws of Utah 2010, Chapter
512+49120)
513+492REPEALS: 12-19-22 10:31 PM H.B. 30
466514 - 17 -
467-450 23A-12-205, (Renumbered from 23-17-9, as enacted by Laws of Utah 1971, Chapter
468-45146)
469-452 23A-12-301, (Renumbered from 23-32-102, as enacted by Laws of Utah 2021, Chapter
470-453177)
471-454 23A-12-302, (Renumbered from 23-32-103, as enacted by Laws of Utah 2021, Chapter
472-455177)
473-456 23A-12-303, (Renumbered from 23-32-104, as enacted by Laws of Utah 2021, Chapter
474-457177)
475-458 23A-13-101, (Renumbered from 23-28-102, as enacted by Laws of Utah 2009, Chapter
476-459273)
477-460 23A-13-201, (Renumbered from 23-28-201, as last amended by Laws of Utah 2021,
478-461Chapter 41)
479-462 23A-13-202, (Renumbered from 23-28-202, as last amended by Laws of Utah 2021,
480-463Chapter 41)
481-464 23A-13-301, (Renumbered from 23-28-301, as enacted by Laws of Utah 2009, Chapter
482-465273)
483-466 23A-13-302, (Renumbered from 23-28-302, as last amended by Laws of Utah 2021,
484-467Chapter 41)
485-468 23A-13-303, (Renumbered from 23-28-303, as last amended by Laws of Utah 2019,
486-469Chapter 81)
487-470 23A-13-304, (Renumbered from 23-28-304, as enacted by Laws of Utah 2009, Chapter
488-471273)
489-472 23A-13-305, (Renumbered from 23-28-305, as enacted by Laws of Utah 2009, Chapter
490-473273)
491-474 23A-14-201, (Renumbered from 23-18-2, as last amended by Laws of Utah 1986,
492-475Chapter 76)
493-476 23A-14-202, (Renumbered from 23-18-3, as enacted by Laws of Utah 1971, Chapter
494-47746) H.B. 30 Enrolled Copy
515+493 23-13-1, as last amended by Laws of Utah 2007, Chapter 306
516+494 23-13-16, as enacted by Laws of Utah 1992, Chapter 261
517+495 23-14-2.1, as last amended by Laws of Utah 2008, Chapter 382
518+496 23-14-11, as last amended by Laws of Utah 1984, Chapter 67
519+497 23-14-16, as last amended by Laws of Utah 1992, Chapter 30
520+498 23-17-5, as enacted by Laws of Utah 1971, Chapter 46
521+499 23-20-23, as enacted by Laws of Utah 1971, Chapter 46
522+500 23-21a-1, as enacted by Laws of Utah 1977, Chapter 103
523+501 23-21a-2, as enacted by Laws of Utah 1977, Chapter 103
524+502 23-21a-3, as enacted by Laws of Utah 1977, Chapter 103
525+503 23-21a-4, as enacted by Laws of Utah 1977, Chapter 103
526+504 23-21a-5, as enacted by Laws of Utah 1977, Chapter 103
527+505 23-21a-6, as enacted by Laws of Utah 1977, Chapter 103
528+506 23-25-1, as enacted by Laws of Utah 1992, Chapter 260
529+507 23-25-12, as enacted by Laws of Utah 1992, Chapter 260
530+508 23-27-101, as enacted by Laws of Utah 2008, Chapter 284
531+509 23-28-101, as enacted by Laws of Utah 2009, Chapter 273
532+510 23-29-101, as enacted by Laws of Utah 2010, Chapter 20
533+511 23-30-101, as enacted by Laws of Utah 2012, Chapter 143
534+512 23-31-101, as enacted by Laws of Utah 2020, Chapter 190
535+513 23-32-101, as enacted by Laws of Utah 2021, Chapter 177
536+514
537+515Be it enacted by the Legislature of the state of Utah:
538+516 Section 1. Section 23A-1-101, which is renumbered from Section 23-13-2 is
539+517renumbered and amended to read:
540+518 TITLE 23A. WILDLIFE RESOURCES ACT
541+519 CHAPTER 1. GENERAL PROVISIONS
542+520 Part 1. General Provisions
543+521 [23-13-2]. 23A-1-101. Definitions.
544+522 As used in this title:
545+523 (1) "Activity regulated under this title" means an act, attempted act, or activity H.B. 30 12-19-22 10:31 PM
495546 - 18 -
496-478 23A-14-203, (Renumbered from 23-18-6, as enacted by Laws of Utah 1993, Chapter
497-479264)
498-480 23A-15-101, (Renumbered from 23-29-102, as enacted by Laws of Utah 2010, Chapter
499-48120)
500-482 23A-15-102, (Renumbered from 23-29-103, as enacted by Laws of Utah 2010, Chapter
501-48320)
502-484 23A-15-201, (Renumbered from 23-29-201, as enacted by Laws of Utah 2010, Chapter
503-48520)
504-486 23A-15-202, (Renumbered from 23-29-202, as enacted by Laws of Utah 2010, Chapter
505-48720)
506-488REPEALS:
507-489 23-13-1, as last amended by Laws of Utah 2007, Chapter 306
508-490 23-13-16, as enacted by Laws of Utah 1992, Chapter 261
509-491 23-14-2.1, as last amended by Laws of Utah 2008, Chapter 382
510-492 23-14-11, as last amended by Laws of Utah 1984, Chapter 67
511-493 23-14-16, as last amended by Laws of Utah 1992, Chapter 30
512-494 23-17-5, as enacted by Laws of Utah 1971, Chapter 46
513-495 23-20-23, as enacted by Laws of Utah 1971, Chapter 46
514-496 23-21a-1, as enacted by Laws of Utah 1977, Chapter 103
515-497 23-21a-2, as enacted by Laws of Utah 1977, Chapter 103
516-498 23-21a-3, as enacted by Laws of Utah 1977, Chapter 103
517-499 23-21a-4, as enacted by Laws of Utah 1977, Chapter 103
518-500 23-21a-5, as enacted by Laws of Utah 1977, Chapter 103
519-501 23-21a-6, as enacted by Laws of Utah 1977, Chapter 103
520-502 23-25-1, as enacted by Laws of Utah 1992, Chapter 260
521-503 23-25-12, as enacted by Laws of Utah 1992, Chapter 260
522-504 23-27-101, as enacted by Laws of Utah 2008, Chapter 284
523-505 23-28-101, as enacted by Laws of Utah 2009, Chapter 273 Enrolled Copy H.B. 30
547+524prohibited or regulated under this title or the rules[,] and proclamations promulgated under this
548+525title pertaining to protected wildlife including:
549+526 (a) fishing;
550+527 (b) hunting;
551+528 (c) trapping;
552+529 (d) taking;
553+530 (e) permitting [any] a dog, falcon, or other domesticated animal to take;
554+531 (f) transporting;
555+532 (g) possessing;
556+533 (h) selling;
557+534 (i) wasting;
558+535 (j) importing;
559+536 (k) exporting;
560+537 (l) rearing;
561+538 (m) keeping;
562+539 (n) using as a commercial venture; and
563+540 (o) releasing to the wild.
564+541 (2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
565+542 (3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
566+543 (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
567+544amphibians.
568+545 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
569+546that one person may legally take during one day.
570+547 (6) "Big game" means species of hoofed protected wildlife.
571+548 (7) "Carcass" means the dead body of an animal or [its] the animal's parts.
572+549 (8) "Certificate of registration" means a paper-based or electronic document issued
573+550under this title, or [any] a rule or proclamation of the Wildlife Board granting authority to
574+551engage in activities not covered by a license, permit, or tag.
575+552 (9) "Closed season" means the period of time during which the taking of protected
576+553wildlife is prohibited.
577+554 (10) "Conservation officer" means a full-time, permanent employee of the [Division of 12-19-22 10:31 PM H.B. 30
524578 - 19 -
525-506 23-29-101, as enacted by Laws of Utah 2010, Chapter 20
526-507 23-30-101, as enacted by Laws of Utah 2012, Chapter 143
527-508 23-31-101, as enacted by Laws of Utah 2020, Chapter 190
528-509 23-32-101, as enacted by Laws of Utah 2021, Chapter 177
529-510
530-511Be it enacted by the Legislature of the state of Utah:
531-512 Section 1. Section 23A-1-101, which is renumbered from Section 23-13-2 is
532-513renumbered and amended to read:
533-514 TITLE 23A. WILDLIFE RESOURCES ACT
534-515 CHAPTER 1. GENERAL PROVISIONS
535-516 Part 1. General Provisions
536-517 [23-13-2]. 23A-1-101. Definitions.
537-518 As used in this title:
538-519 (1) "Activity regulated under this title" means an act, attempted act, or activity
539-520prohibited or regulated under this title or the rules[,] and proclamations promulgated under this
540-521title pertaining to protected wildlife including:
541-522 (a) fishing;
542-523 (b) hunting;
543-524 (c) trapping;
544-525 (d) taking;
545-526 (e) permitting [any] a dog, falcon, or other domesticated animal to take;
546-527 (f) transporting;
547-528 (g) possessing;
548-529 (h) selling;
549-530 (i) wasting;
550-531 (j) importing;
551-532 (k) exporting;
552-533 (l) rearing; H.B. 30 Enrolled Copy
579+555Wildlife Resources] division who is POST certified as a peace or a special function officer.
580+556 (11) "Dedicated hunter program" means a program that provides:
581+557 (a) expanded hunting opportunities;
582+558 (b) opportunities to participate in projects that are beneficial to wildlife; and
583+559 (c) education in hunter ethics and wildlife management principles.
584+560 (12) "Department" means the Department of Natural Resources.
585+561 (13) "Director" means the director of the division appointed under Section 23A-2-202.
586+562 [(12)] (14) "Division" means the Division of Wildlife Resources.
587+563 [(13) (a) "Domicile"] (15) Subject to Section 23A-1-103, "domicile" means the place:
588+564 [(i)] (a) where an individual has a fixed permanent home and principal establishment;
589+565 [(ii)] (b) to which the individual if absent, intends to return; and
590+566 [(iii)] (c) in which the individual, and the individual's family voluntarily reside, not for
591+567a special or temporary purpose, but with the intention of making a permanent home.
592+568 [(b) To create a new domicile an individual shall:]
593+569 [(i) abandon the old domicile; and]
594+570 [(ii) be able to prove that a new domicile has been established.]
595+571 [(14)] (16) "Endangered" means wildlife designated as endangered according to
596+572Section 3 of the federal Endangered Species Act of 1973.
597+573 (17) "Executive director" means the executive director of the Department of Natural
598+574Resources.
599+575 [(15)] (18) "Fee fishing facility" means the same as that term is defined in Section
600+5764-37-103.
601+577 [(16)] (19) "Feral" means an animal that is normally domesticated but has reverted to
602+578the wild.
603+579 [(17)] (20) "Fishing" means to take fish or crayfish by any means.
604+580 [(18)] (21) "Furbearer" means species of the Bassariscidae, Canidae, Felidae,
605+581Mustelidae, and Castoridae families, except coyote and cougar.
606+582 [(19)] (22) "Game" means wildlife normally pursued, caught, or taken by sporting
607+583means for human use.
608+584 [(20) "Guide" means a person who receives compensation or advertises services for
609+585assisting another person to take protected wildlife, including the provision of food, shelter, or H.B. 30 12-19-22 10:31 PM
553610 - 20 -
554-534 (m) keeping;
555-535 (n) using as a commercial venture; and
556-536 (o) releasing to the wild.
557-537 (2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
558-538 (3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
559-539 (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
560-540amphibians.
561-541 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
562-542that one person may legally take during one day.
563-543 (6) "Big game" means species of hoofed protected wildlife.
564-544 (7) "Carcass" means the dead body of an animal or [its] the animal's parts.
565-545 (8) "Certificate of registration" means a paper-based or electronic document issued
566-546under this title, or [any] a rule or proclamation of the Wildlife Board granting authority to
567-547engage in activities not covered by a license, permit, or tag.
568-548 (9) "Closed season" means the period of time during which the taking of protected
569-549wildlife is prohibited.
570-550 (10) "Conservation officer" means a full-time, permanent employee of the [Division of
571-551Wildlife Resources] division who is POST certified as a peace or a special function officer.
572-552 (11) "Dedicated hunter program" means a program that provides:
573-553 (a) expanded hunting opportunities;
574-554 (b) opportunities to participate in projects that are beneficial to wildlife; and
575-555 (c) education in hunter ethics and wildlife management principles.
576-556 (12) "Department" means the Department of Natural Resources.
577-557 (13) "Director" means the director of the division appointed under Section 23A-2-202.
578-558 [(12)] (14) "Division" means the Division of Wildlife Resources.
579-559 [(13) (a) "Domicile"] (15) Subject to Section 23A-1-103, "domicile" means the place:
580-560 [(i)] (a) where an individual has a fixed permanent home and principal establishment;
581-561 [(ii)] (b) to which the individual if absent, intends to return; and Enrolled Copy H.B. 30
611+586transportation, or any combination of these.]
612+587 [(21) "Guide's agent" means a person who is employed by a guide to assist another
613+588person to take protected wildlife.]
614+589 [(22)] (23) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by
615+590any means.
616+591 (24) "Hunting guide" means the same as that term is defined in Section 58-79-102.
617+592 [(23)] (25) "Intimidate or harass" means to physically interfere with or impede, hinder,
618+593or diminish the efforts of an officer in the performance of the officer's duty.
619+594 [(24)] (26) (a) "Natural flowing stream" means a topographic low where water collects
620+595and perennially or intermittently flows with a perceptible current in a channel formed
621+596exclusively by forces of nature.
622+597 (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
623+598 (i) realigned or modified channel that replaces the historic, natural flowing stream
624+599channel; and
625+600 (ii) dredged natural flowing stream channel.
626+601 (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
627+602other water delivery system that diverts and conveys water to an approved place of use
628+603pursuant to a certificated water right.
629+604 [(25)] (27) (a) "Natural lake" means a perennial or intermittent body of water that
630+605collects on the surface of the earth exclusively through the forces of nature and without human
631+606assistance.
632+607 (b) "Natural lake" does not mean a lake where [all] the surface water sources supplying
633+608the body of water originate from groundwater springs no more than 100 yards upstream.
634+609 (28) "Nominating committee" means the Wildlife Board Nominating Committee
635+610created in Section 23A-2-302.
636+611 [(26)] (29) "Nonresident" means a person who does not qualify as a resident.
637+612 [(27)] (30) "Open season" means the period of time during which protected wildlife
638+613may be legally taken.
639+614 (31) "Outfitter" means the same as that term is defined in Section 58-79-102.
640+615 [(28)] (32) "Pecuniary gain" means the acquisition of money or something of monetary
641+616value. 12-19-22 10:31 PM H.B. 30
582642 - 21 -
583-562 [(iii)] (c) in which the individual, and the individual's family voluntarily reside, not for
584-563a special or temporary purpose, but with the intention of making a permanent home.
585-564 [(b) To create a new domicile an individual shall:]
586-565 [(i) abandon the old domicile; and]
587-566 [(ii) be able to prove that a new domicile has been established.]
588-567 [(14)] (16) "Endangered" means wildlife designated as endangered according to
589-568Section 3 of the federal Endangered Species Act of 1973.
590-569 (17) "Executive director" means the executive director of the Department of Natural
591-570Resources.
592-571 [(15)] (18) "Fee fishing facility" means the same as that term is defined in Section
593-5724-37-103.
594-573 [(16)] (19) "Feral" means an animal that is normally domesticated but has reverted to
595-574the wild.
596-575 [(17)] (20) "Fishing" means to take fish or crayfish by any means.
597-576 [(18)] (21) "Furbearer" means species of the Bassariscidae, Canidae, Felidae,
598-577Mustelidae, and Castoridae families, except coyote and cougar.
599-578 [(19)] (22) "Game" means wildlife normally pursued, caught, or taken by sporting
600-579means for human use.
601-580 [(20) "Guide" means a person who receives compensation or advertises services for
602-581assisting another person to take protected wildlife, including the provision of food, shelter, or
603-582transportation, or any combination of these.]
604-583 [(21) "Guide's agent" means a person who is employed by a guide to assist another
605-584person to take protected wildlife.]
606-585 [(22)] (23) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by
607-586any means.
608-587 (24) "Hunting guide" means the same as that term is defined in Section 58-79-102.
609-588 [(23)] (25) "Intimidate or harass" means to physically interfere with or impede, hinder,
610-589or diminish the efforts of an officer in the performance of the officer's duty. H.B. 30 Enrolled Copy
643+617 [(29)] (33) "Permit" means a paper-based or electronic document[, including a stamp,]
644+618that grants authority to engage in specified activities under this title or a rule or proclamation of
645+619the Wildlife Board.
646+620 [(30)] (34) "Person" means an individual, association, partnership, government agency,
647+621corporation, or an agent of the [foregoing] individual, association, partnership, government
648+622agency, or corporation.
649+623 (35) "Pollute water" means to introduce into waters within the state matter or thermal
650+624energy that:
651+625 (a) exceeds state water quality standards; or
652+626 (b) could harm protected wildlife.
653+627 [(31)] (36) "Possession" means actual or constructive possession.
654+628 [(32)] (37) "Possession limit" means the number of bag limits one individual may
655+629legally possess.
656+630 [(33)] (38) (a) "Private fish pond" means a pond, reservoir, or other body of water,
657+631including a fish culture system, located on privately owned land where privately owned fish:
658+632 (i) are propagated or kept for a private noncommercial purpose; and
659+633 (ii) may be taken without a fishing license.
660+634 (b) "Private fish pond" does not include:
661+635 (i) an aquaculture facility[,];
662+636 (ii) a fee fishing facility[,];
663+637 (iii) a short-term fishing event[,]; or
664+638 (iv) private stocking.
665+639 [(34) (a)] (39) "Private stocking" means an authorized release of privately owned, live
666+640fish in the waters of the state not eligible as:
667+641 (a) a private fish pond under Section [23-15-10] 23A-9-203; or
668+642 (b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
669+643Act.
670+644 [(b) Fish released under private stocking become the property of the state and subject
671+645to the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
672+646Board.]
673+647 [(35)] (40) "Private wildlife farm" means an enclosed place where privately owned H.B. 30 12-19-22 10:31 PM
611674 - 22 -
612-590 [(24)] (26) (a) "Natural flowing stream" means a topographic low where water collects
613-591and perennially or intermittently flows with a perceptible current in a channel formed
614-592exclusively by forces of nature.
615-593 (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
616-594 (i) realigned or modified channel that replaces the historic, natural flowing stream
617-595channel; and
618-596 (ii) dredged natural flowing stream channel.
619-597 (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
620-598other water delivery system that diverts and conveys water to an approved place of use
621-599pursuant to a certificated water right.
622-600 [(25)] (27) (a) "Natural lake" means a perennial or intermittent body of water that
623-601collects on the surface of the earth exclusively through the forces of nature and without human
624-602assistance.
625-603 (b) "Natural lake" does not mean a lake where [all] the surface water sources supplying
626-604the body of water originate from groundwater springs no more than 100 yards upstream.
627-605 (28) "Nominating committee" means the Wildlife Board Nominating Committee
628-606created in Section 23A-2-302.
629-607 [(26)] (29) "Nonresident" means a person who does not qualify as a resident.
630-608 [(27)] (30) "Open season" means the period of time during which protected wildlife
631-609may be legally taken.
632-610 (31) "Outfitter" means the same as that term is defined in Section 58-79-102.
633-611 [(28)] (32) "Pecuniary gain" means the acquisition of money or something of monetary
634-612value.
635-613 [(29)] (33) "Permit" means a paper-based or electronic document[, including a stamp,]
636-614that grants authority to engage in specified activities under this title or a rule or proclamation of
637-615the Wildlife Board.
638-616 [(30)] (34) "Person" means an individual, association, partnership, government agency,
639-617corporation, or an agent of the [foregoing] individual, association, partnership, government Enrolled Copy H.B. 30
675+648birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
676+649 (a) commingling with wild birds or furbearers; and
677+650 (b) escaping into the wild.
678+651 [(36)] (41) "Proclamation" means the publication that is:
679+652 (a) used to convey a statute, rule, policy, or pertinent information [as it relates] related
680+653to wildlife[.]; and
681+654 (b) issued in accordance with a rule made by the Wildlife Board under this title.
682+655 [(37)] (42) (a) "Protected aquatic wildlife" means aquatic wildlife [as defined in
683+656Subsection (3),] except as provided in Subsection [(37)] (42)(b).
684+657 (b) "Protected aquatic wildlife" does not include aquatic insects.
685+658 [(38)] (43) (a) "Protected wildlife" means wildlife [as defined in Subsection (54)],
686+659except as provided in Subsection [(38)] (43)(b).
687+660 (b) "Protected wildlife" does not include:
688+661 (i) coyote[,];
689+662 (ii) field mouse[,];
690+663 (iii) gopher[,];
691+664 (iv) ground squirrel[,];
692+665 (v) jack rabbit[,];
693+666 (vi) muskrat[, and]; or
694+667 (vii) raccoon.
695+668 (44) "Regional advisory council" means a council created under Section 23A-2-303.
696+669 [(39)] (45) "Released to the wild" means to be turned loose from confinement.
697+670 [(40)] (46) (a) "Reservoir constructed on a natural stream channel" means a body of
698+671water collected and stored on the course of a natural flowing stream by impounding the stream
699+672through excavation or diking.
700+673 (b) "Reservoir constructed on a natural stream channel" does not mean an
701+674impoundment on a natural flowing stream where all surface water sources supplying the
702+675impoundment originate from groundwater springs no more than 100 yards upstream.
703+676 [(41) (a) "Resident"] (47) Subject to Section 23A-1-103, "resident" means a person
704+677who:
705+678 [(i)] (a) has been domiciled in the state for six consecutive months immediately 12-19-22 10:31 PM H.B. 30
640706 - 23 -
641-618agency, or corporation.
642-619 (35) "Pollute water" means to introduce into waters within the state matter or thermal
643-620energy that:
644-621 (a) exceeds state water quality standards; or
645-622 (b) could harm protected wildlife.
646-623 [(31)] (36) "Possession" means actual or constructive possession.
647-624 [(32)] (37) "Possession limit" means the number of bag limits one individual may
648-625legally possess.
649-626 [(33)] (38) (a) "Private fish pond" means a pond, reservoir, or other body of water,
650-627including a fish culture system, located on privately owned land where privately owned fish:
651-628 (i) are propagated or kept for a private noncommercial purpose; and
652-629 (ii) may be taken without a fishing license.
653-630 (b) "Private fish pond" does not include:
654-631 (i) an aquaculture facility[,];
655-632 (ii) a fee fishing facility[,];
656-633 (iii) a short-term fishing event[,]; or
657-634 (iv) private stocking.
658-635 [(34) (a)] (39) "Private stocking" means an authorized release of privately owned, live
659-636fish in the waters of the state not eligible as:
660-637 (a) a private fish pond under Section [23-15-10] 23A-9-203; or
661-638 (b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
662-639Act.
663-640 [(b) Fish released under private stocking become the property of the state and subject
664-641to the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
665-642Board.]
666-643 [(35)] (40) "Private wildlife farm" means an enclosed place where privately owned
667-644birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
668-645 (a) commingling with wild birds or furbearers; and H.B. 30 Enrolled Copy
707+679preceding the purchase of a license; and
708+680 [(ii)] (b) does not claim residency for hunting, fishing, or trapping in [any other]
709+681another state or country.
710+682 [(b) A Utah resident retains Utah residency if that person leaves this state:]
711+683 [(i) to serve in the armed forces of the United States or for religious or educational
712+684purposes; and]
713+685 [(ii) the person complies with Subsection (41)(a)(ii).]
714+686 [(c) (i) A member of the armed forces of the United States and dependents are residents
715+687for the purposes of this chapter as of the date the member reports for duty under assigned
716+688orders in the state if the member:]
717+689 [(A) is not on temporary duty in this state; and]
718+690 [(B) complies with Subsection (41)(a)(ii).]
719+691 [(ii) A copy of the assignment orders shall be presented to a wildlife division office to
720+692verify the member's qualification as a resident.]
721+693 [(d) A nonresident attending an institution of higher learning in this state as a full-time
722+694student may qualify as a resident for purposes of this chapter if the student:]
723+695 [(i) has been present in this state for 60 consecutive days immediately preceding the
724+696purchase of the license; and]
725+697 [(ii) complies with Subsection (41)(a)(ii).]
726+698 [(e) A Utah resident license is invalid if a resident license for hunting, fishing, or
727+699trapping is purchased in any other state or country.]
728+700 [(f) An absentee landowner paying property tax on land in Utah does not qualify as a
729+701resident.]
730+702 [(42)] (48) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the
731+703act of selling, bartering, exchanging, or trading.
732+704 [(43) (a) ] (49) "Short-term fishing event" means an event when:
733+705 (a) privately acquired fish are held or confined for a period not to exceed 10 days for
734+706the purpose of providing fishing or recreational opportunity; and [where]
735+707 (b) no fee is charged as a requirement to fish.
736+708 [(b) A fishing license is not required to take fish at a short-term fishing event.]
737+709 [(44)] (50) "Small game" means species of protected wildlife: H.B. 30 12-19-22 10:31 PM
669738 - 24 -
670-646 (b) escaping into the wild.
671-647 [(36)] (41) "Proclamation" means the publication that is:
672-648 (a) used to convey a statute, rule, policy, or pertinent information [as it relates] related
673-649to wildlife[.]; and
674-650 (b) issued in accordance with a rule made by the Wildlife Board under this title.
675-651 [(37)] (42) (a) "Protected aquatic wildlife" means aquatic wildlife [as defined in
676-652Subsection (3),] except as provided in Subsection [(37)] (42)(b).
677-653 (b) "Protected aquatic wildlife" does not include aquatic insects.
678-654 [(38)] (43) (a) "Protected wildlife" means wildlife [as defined in Subsection (54)],
679-655except as provided in Subsection [(38)] (43)(b).
680-656 (b) "Protected wildlife" does not include:
681-657 (i) coyote[,];
682-658 (ii) field mouse[,];
683-659 (iii) gopher[,];
684-660 (iv) ground squirrel[,];
685-661 (v) jack rabbit[,];
686-662 (vi) muskrat[, and]; or
687-663 (vii) raccoon.
688-664 (44) "Regional advisory council" means a council created under Section 23A-2-303.
689-665 [(39)] (45) "Released to the wild" means to be turned loose from confinement.
690-666 [(40)] (46) (a) "Reservoir constructed on a natural stream channel" means a body of
691-667water collected and stored on the course of a natural flowing stream by impounding the stream
692-668through excavation or diking.
693-669 (b) "Reservoir constructed on a natural stream channel" does not mean an
694-670impoundment on a natural flowing stream where all surface water sources supplying the
695-671impoundment originate from groundwater springs no more than 100 yards upstream.
696-672 [(41) (a) "Resident"] (47) Subject to Section 23A-1-103, "resident" means a person
697-673who: Enrolled Copy H.B. 30
739+710 (a) commonly pursued for sporting purposes;
740+711 (b) not classified as big game, aquatic wildlife, or furbearers; and
741+712 (c) excluding turkey, cougar, and bear.
742+713 [(45)] (51) "Spoiled" means impairment of the flesh of wildlife that renders the flesh
743+714unfit for human consumption.
744+715 [(46)] (52) "Spotlighting" means throwing or casting the rays of [any] a spotlight,
745+716headlight, or other artificial light on [any] a highway or in [any] a field, woodland, or forest
746+717while having in possession a weapon by which protected wildlife may be killed.
747+718 [(47)] (53) "Tag" means a card, label, or other paper-based or electronic means of
748+719identification used to document harvest of protected wildlife.
749+720 [(48)] (54) "Take" means to:
750+721 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill [any]
751+722protected wildlife; or
752+723 (b) attempt [any] an action referred to in Subsection [(48)] (54)(a).
753+724 [(49)] (55) "Threatened" means wildlife designated as [such] threatened pursuant to
754+725Section 3 of the federal Endangered Species Act of 1973.
755+726 [(50)] (56) "Trapping" means taking protected wildlife with a trapping device.
756+727 [(51)] (57) "Trophy animal" means an animal described as follows:
757+728 (a) deer - a buck with an outside antler measurement of 24 inches or greater;
758+729 (b) elk - a bull with six points on at least one side;
759+730 (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
760+731 (d) moose - a bull with at least one antler exceeding five inches in length;
761+732 (e) mountain goat - a male or female;
762+733 (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
763+734 (g) bison - a bull.
764+735 (58) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning
765+736dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
766+737 [(52)] (59) "Waste" means to:
767+738 (a) abandon protected wildlife [or to]; or
768+739 (b) allow protected wildlife to spoil or to be used in a manner not normally associated
769+740with the protected wildlife's beneficial use. 12-19-22 10:31 PM H.B. 30
698770 - 25 -
699-674 [(i)] (a) has been domiciled in the state for six consecutive months immediately
700-675preceding the purchase of a license; and
701-676 [(ii)] (b) does not claim residency for hunting, fishing, or trapping in [any other]
702-677another state or country.
703-678 [(b) A Utah resident retains Utah residency if that person leaves this state:]
704-679 [(i) to serve in the armed forces of the United States or for religious or educational
705-680purposes; and]
706-681 [(ii) the person complies with Subsection (41)(a)(ii).]
707-682 [(c) (i) A member of the armed forces of the United States and dependents are residents
708-683for the purposes of this chapter as of the date the member reports for duty under assigned
709-684orders in the state if the member:]
710-685 [(A) is not on temporary duty in this state; and]
711-686 [(B) complies with Subsection (41)(a)(ii).]
712-687 [(ii) A copy of the assignment orders shall be presented to a wildlife division office to
713-688verify the member's qualification as a resident.]
714-689 [(d) A nonresident attending an institution of higher learning in this state as a full-time
715-690student may qualify as a resident for purposes of this chapter if the student:]
716-691 [(i) has been present in this state for 60 consecutive days immediately preceding the
717-692purchase of the license; and]
718-693 [(ii) complies with Subsection (41)(a)(ii).]
719-694 [(e) A Utah resident license is invalid if a resident license for hunting, fishing, or
720-695trapping is purchased in any other state or country.]
721-696 [(f) An absentee landowner paying property tax on land in Utah does not qualify as a
722-697resident.]
723-698 [(42)] (48) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the
724-699act of selling, bartering, exchanging, or trading.
725-700 [(43) (a) ] (49) "Short-term fishing event" means an event when:
726-701 (a) privately acquired fish are held or confined for a period not to exceed 10 days for H.B. 30 Enrolled Copy
771+741 [(53) "Water pollution" means the introduction of matter or thermal energy to waters
772+742within this state that:]
773+743 [(a) exceeds state water quality standards; or]
774+744 [(b) could be harmful to protected wildlife.]
775+745 [(54)] (60) "Wildlife" means:
776+746 (a) crustaceans, including brine shrimp and crayfish;
777+747 (b) mollusks; and
778+748 (c) vertebrate animals living in nature, except feral animals.
779+749 (61) "Wildlife Board" means the board created in Section 23A-2-301.
780+750 Section 2. Section 23A-1-102, which is renumbered from Section 23-13-3 is
781+751renumbered and amended to read:
782+752 [23-13-3]. 23A-1-102. Wildlife declared property of the state.
783+753 [All wildlife] (1) Wildlife existing within this state, not held by private ownership and
784+754legally acquired, is the property of the state.
785+755 (2) Fish released under private stocking become the property of the state and subject to
786+756the fishing regulations set forth in this title or a rule or proclamation of the Wildlife Board.
787+757 Section 3. Section 23A-1-103 is enacted to read:
788+758 23A-1-103. Domicile or residency.
789+759 (1) To create a new domicile an individual shall:
790+760 (a) abandon the old domicile; and
791+761 (b) be able to prove that a new domicile has been established.
792+762 (2) A Utah resident retains Utah residency if that person leaves this state:
793+763 (a) to serve in the armed forces of the United States or for religious or educational
794+764purposes; and
795+765 (b) the person complies with Subsection 23A-1-101(47)(b).
796+766 (3) (a) A member of the armed forces of the United States and dependents are residents
797+767for the purposes of this title as of the date the member reports for duty under assigned orders in
798+768the state if the member:
799+769 (i) is not on temporary duty in this state; and
800+770 (ii) complies with Subsection 23A-1-101(47)(b).
801+771 (b) A member shall present a copy of the assignment orders to a division office to H.B. 30 12-19-22 10:31 PM
727802 - 26 -
728-702the purpose of providing fishing or recreational opportunity; and [where]
729-703 (b) no fee is charged as a requirement to fish.
730-704 [(b) A fishing license is not required to take fish at a short-term fishing event.]
731-705 [(44)] (50) "Small game" means species of protected wildlife:
732-706 (a) commonly pursued for sporting purposes;
733-707 (b) not classified as big game, aquatic wildlife, or furbearers; and
734-708 (c) excluding turkey, cougar, and bear.
735-709 [(45)] (51) "Spoiled" means impairment of the flesh of wildlife that renders the flesh
736-710unfit for human consumption.
737-711 [(46)] (52) "Spotlighting" means throwing or casting the rays of [any] a spotlight,
738-712headlight, or other artificial light on [any] a highway or in [any] a field, woodland, or forest
739-713while having in possession a weapon by which protected wildlife may be killed.
740-714 [(47)] (53) "Tag" means a card, label, or other paper-based or electronic means of
741-715identification used to document harvest of protected wildlife.
742-716 [(48)] (54) "Take" means to:
743-717 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill [any]
744-718protected wildlife; or
745-719 (b) attempt [any] an action referred to in Subsection [(48)] (54)(a).
746-720 [(49)] (55) "Threatened" means wildlife designated as [such] threatened pursuant to
747-721Section 3 of the federal Endangered Species Act of 1973.
748-722 [(50)] (56) "Trapping" means taking protected wildlife with a trapping device.
749-723 [(51)] (57) "Trophy animal" means an animal described as follows:
750-724 (a) deer - a buck with an outside antler measurement of 24 inches or greater;
751-725 (b) elk - a bull with six points on at least one side;
752-726 (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
753-727 (d) moose - a bull with at least one antler exceeding five inches in length;
754-728 (e) mountain goat - a male or female;
755-729 (f) pronghorn antelope - a buck with horns exceeding 14 inches; or Enrolled Copy H.B. 30
803+772verify the member's qualification as a resident.
804+773 (4) A nonresident attending an institution of higher learning in this state as a full-time
805+774student may qualify as a resident for purposes of this title if the student:
806+775 (a) has been present in this state for 60 consecutive days immediately preceding the
807+776purchase of the license; and
808+777 (b) complies with Subsection 23A-1-101(47)(b).
809+778 (5) A Utah resident license is invalid if a resident license for hunting, fishing, or
810+779trapping is purchased in another state or country.
811+780 (6) An absentee landowner paying property tax on land in Utah does not qualify as a
812+781resident.
813+782 Section 4. Section 23A-1-201, which is renumbered from Section 23-13-8 is
814+783renumbered and amended to read:
815+784 Part 2. Miscellaneous
816+785 [23-13-8]. 23A-1-201. Private wildlife farms.
817+786 (1) [Any] (a) Subject to the requirements of this section, a person may:
818+787 (i) establish and maintain a private wildlife [farms] farm for propagating, rearing, and
819+788keeping furbearers or birds classified as protected wildlife [and may]; and
820+789 (ii) sell or dispose of wildlife reared upon [such farms] the private wildlife farm,
821+790except that disposal may not include release to the wild without first securing written
822+791permission from the Wildlife Board.
823+792 (b) Before establishing [such] a private wildlife farm, a person shall obtain written
824+793authorization from the [Division of Wildlife Resources] division in accordance with rules
825+794established by the Wildlife Board[. Any wildlife which] in accordance with Title 63G, Chapter
826+7953, Utah Administrative Rulemaking Act.
827+796 (c) Wildlife that escapes from a private wildlife [farms] farm becomes the property of
828+797the state.
829+798 (2) This section does not:
830+799 (a) apply to a private fur [farms] farm established and maintained for rearing
831+800domesticated, privately owned mink or chinchilla [which] that were not acquired as wild
832+801animals from [any] a state or country[, nor does it]; or
833+802 (b) provide for the propagating, rearing, and keeping of [any] a protected wildlife other 12-19-22 10:31 PM H.B. 30
756834 - 27 -
757-730 (g) bison - a bull.
758-731 (58) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning
759-732dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
760-733 [(52)] (59) "Waste" means to:
761-734 (a) abandon protected wildlife [or to]; or
762-735 (b) allow protected wildlife to spoil or to be used in a manner not normally associated
763-736with the protected wildlife's beneficial use.
764-737 [(53) "Water pollution" means the introduction of matter or thermal energy to waters
765-738within this state that:]
766-739 [(a) exceeds state water quality standards; or]
767-740 [(b) could be harmful to protected wildlife.]
768-741 [(54)] (60) "Wildlife" means:
769-742 (a) crustaceans, including brine shrimp and crayfish;
770-743 (b) mollusks; and
771-744 (c) vertebrate animals living in nature, except feral animals.
772-745 (61) "Wildlife Board" means the board created in Section 23A-2-301.
773-746 Section 2. Section 23A-1-102, which is renumbered from Section 23-13-3 is
774-747renumbered and amended to read:
775-748 [23-13-3]. 23A-1-102. Wildlife declared property of the state.
776-749 [All wildlife] (1) Wildlife existing within this state, not held by private ownership and
777-750legally acquired, is the property of the state.
778-751 (2) Fish released under private stocking become the property of the state and subject to
779-752the fishing regulations set forth in this title or a rule or proclamation of the Wildlife Board.
780-753 Section 3. Section 23A-1-103 is enacted to read:
781-754 23A-1-103. Domicile or residency.
782-755 (1) To create a new domicile an individual shall:
783-756 (a) abandon the old domicile; and
784-757 (b) be able to prove that a new domicile has been established. H.B. 30 Enrolled Copy
835+803than [those] a wildlife specified in this section.
836+804 Section 5. Section 23A-1-202, which is renumbered from Section 23-13-12.5 is
837+805renumbered and amended to read:
838+806 [23-13-12.5]. 23A-1-202. Agreement with a tribe.
839+807 (1) As used in this section, "tribe" means a federally recognized:
840+808 (a) Indian tribe; or
841+809 (b) Indian band.
842+810 (2) (a) Subject to the requirements of this section, the governor may enter into an
843+811agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
844+812fishing, or trapping right claim that is:
845+813 (i) based on:
846+814 (A) a treaty;
847+815 (B) an aboriginal right; or
848+816 (C) other recognized federal right; and
849+817 (ii) on lands located within the state.
850+818 (b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
851+819(2)(a) may not exempt [any] a person from the requirements of this title.
852+820 (c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
853+821tribe that is a party to the agreement or a member of that tribe from:
854+822 (i) Section [23-16-5] 23A-11-201, placing a limit of one of any species of big game
855+823during a license year;
856+824 (ii) Section [23-16-6] 23A-11-202, commencement date of the general deer season;
857+825 (iii) a hunter or furharvester education requirement under Chapter [19] 4, Licenses,
858+826Permits, Certificates of Registration, and Tags;
859+827 (iv) an age restriction under Chapter [19] 4, Licenses, Permits, Certificates of
860+828Registration, and Tags;
861+829 (v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
862+830or permit;
863+831 (vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
864+832 (vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
865+833not inconsistent with this title. H.B. 30 12-19-22 10:31 PM
785866 - 28 -
786-758 (2) A Utah resident retains Utah residency if that person leaves this state:
787-759 (a) to serve in the armed forces of the United States or for religious or educational
788-760purposes; and
789-761 (b) the person complies with Subsection 23A-1-101(47)(b).
790-762 (3) (a) A member of the armed forces of the United States and dependents are residents
791-763for the purposes of this title as of the date the member reports for duty under assigned orders in
792-764the state if the member:
793-765 (i) is not on temporary duty in this state; and
794-766 (ii) complies with Subsection 23A-1-101(47)(b).
795-767 (b) A member shall present a copy of the assignment orders to a division office to
796-768verify the member's qualification as a resident.
797-769 (4) A nonresident attending an institution of higher learning in this state as a full-time
798-770student may qualify as a resident for purposes of this title if the student:
799-771 (a) has been present in this state for 60 consecutive days immediately preceding the
800-772purchase of the license; and
801-773 (b) complies with Subsection 23A-1-101(47)(b).
802-774 (5) A Utah resident license is invalid if a resident license for hunting, fishing, or
803-775trapping is purchased in another state or country.
804-776 (6) An absentee landowner paying property tax on land in Utah does not qualify as a
805-777resident.
806-778 Section 4. Section 23A-1-201, which is renumbered from Section 23-13-8 is
807-779renumbered and amended to read:
808-780 Part 2. Miscellaneous
809-781 [23-13-8]. 23A-1-201. Private wildlife farms.
810-782 (1) [Any] (a) Subject to the requirements of this section, a person may:
811-783 (i) establish and maintain a private wildlife [farms] farm for propagating, rearing, and
812-784keeping furbearers or birds classified as protected wildlife [and may]; and
813-785 (ii) sell or dispose of wildlife reared upon [such farms] the private wildlife farm, Enrolled Copy H.B. 30
867+834 (d) An agreement permitted under Subsection (2)(a) shall:
868+835 (i) be in writing;
869+836 (ii) be signed by:
870+837 (A) the governor; and
871+838 (B) the governing body of the tribe that:
872+839 (I) is designated by the tribe; and
873+840 (II) may bind the tribe to the terms of the agreement;
874+841 (iii) be conditioned on obtaining any approval required by federal law;
875+842 (iv) state the effective date of the agreement;
876+843 (v) provide that the governor shall renegotiate the agreement if the agreement is or
877+844becomes inconsistent with a state statute for which an exemption is not authorized under this
878+845section; and
879+846 (vi) include any accommodation made by the tribe that:
880+847 (A) is agreed to by the tribe;
881+848 (B) is reasonably related to the agreement; and
882+849 (C) concerns the management and use of wildlife resources or habitat.
883+850 (e) [Prior to] Before executing an agreement under this Subsection (2), the governor
884+851shall consult with:
885+852 (i) the division; and
886+853 (ii) the chair of the Wildlife Board [created in Section 23-14-2].
887+854 (f) At least 30 days before the agreement under this Subsection (2) is executed, the
888+855governor or the governor's designee shall provide a copy of the agreement in the form that the
889+856agreement will be executed to:
890+857 (i) the chairs of the Native American Legislative Liaison Committee; and
891+858 (ii) the Office of Legislative Research and General Counsel.
892+859 Section 6. Section 23A-1-203, which is renumbered from Section 23-13-15 is
893+860renumbered and amended to read:
894+861 [23-13-15]. 23A-1-203. Utah State Hunting and Fishing Day.
895+862 In recognition of the substantial and continued contribution by hunters and fishermen
896+863toward the sound management of wildlife in Utah, the fourth Saturday of September of each
897+864year is [hereby established] known as "Utah State Hunting and Fishing Day." 12-19-22 10:31 PM H.B. 30
814898 - 29 -
815-786except that disposal may not include release to the wild without first securing written
816-787permission from the Wildlife Board.
817-788 (b) Before establishing [such] a private wildlife farm, a person shall obtain written
818-789authorization from the [Division of Wildlife Resources] division in accordance with rules
819-790established by the Wildlife Board[. Any wildlife which] in accordance with Title 63G, Chapter
820-7913, Utah Administrative Rulemaking Act.
821-792 (c) Wildlife that escapes from a private wildlife [farms] farm becomes the property of
822-793the state.
823-794 (2) This section does not:
824-795 (a) apply to a private fur [farms] farm established and maintained for rearing
825-796domesticated, privately owned mink or chinchilla [which] that were not acquired as wild
826-797animals from [any] a state or country[, nor does it]; or
827-798 (b) provide for the propagating, rearing, and keeping of [any] a protected wildlife other
828-799than [those] a wildlife specified in this section.
829-800 Section 5. Section 23A-1-202, which is renumbered from Section 23-13-12.5 is
830-801renumbered and amended to read:
831-802 [23-13-12.5]. 23A-1-202. Agreement with a tribe.
832-803 (1) As used in this section, "tribe" means a federally recognized:
833-804 (a) Indian tribe; or
834-805 (b) Indian band.
835-806 (2) (a) Subject to the requirements of this section, the governor may enter into an
836-807agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
837-808fishing, or trapping right claim that is:
838-809 (i) based on:
839-810 (A) a treaty;
840-811 (B) an aboriginal right; or
841-812 (C) other recognized federal right; and
842-813 (ii) on lands located within the state. H.B. 30 Enrolled Copy
899+865 Section 7. Section 23A-1-204, which is renumbered from Section 23-13-17 is
900+866renumbered and amended to read:
901+867 [23-13-17]. 23A-1-204. Spotlighting of coyote, red fox, striped skunk, and
902+868raccoon -- County ordinances -- Permits.
903+869 (1) For purposes of a county ordinance enacted pursuant to this section, "motor
904+870vehicle" means the same as that term is defined in Section 41-6a-102.
905+871 [(1)] (2) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon
906+872[where] when allowed by a county ordinance enacted pursuant to this section.
907+873 [(2)] (3) The ordinance shall provide that:
908+874 (a) [any] a hunter shall carry the artificial light used to spotlight coyote, red fox, striped
909+875skunk, or raccoon [shall be carried by the hunter];
910+876 (b) a motor vehicle headlight or light attached to or powered by a motor vehicle may
911+877not be used to spotlight the [animal] coyote, red fox, striped skunk, or raccoon; and
912+878 (c) while hunting with the use of an artificial light, the hunter may not occupy or
913+879operate [any] a motor vehicle.
914+880 [(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
915+881defined in Section 41-6a-102.]
916+882 (4) The ordinance may specify:
917+883 (a) the time of day and seasons when spotlighting is permitted;
918+884 (b) areas closed or open to spotlighting within the unincorporated area of the county;
919+885 (c) safety zones within which spotlighting is prohibited;
920+886 (d) the weapons permitted; and
921+887 (e) penalties for violation of the ordinance.
922+888 (5) (a) A county may restrict the number of hunters engaging in spotlighting by
923+889requiring a permit to spotlight and issuing a limited number of permits.
924+890 (b) (i) A county may charge a fee [may be charged] for a spotlighting permit.
925+891 [(ii) Any permit fee shall be established by the county ordinance.]
926+892 (ii) A county ordinance shall establish the permit fee.
927+893 (iii) [Revenues] A county shall remit revenue generated by the permit fee [shall be
928+894remitted to the Division of Wildlife Resources] to the division for deposit into the Wildlife
929+895Resources Account, except the Wildlife Board may allow [any] a county that enacts an H.B. 30 12-19-22 10:31 PM
843930 - 30 -
844-814 (b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
845-815(2)(a) may not exempt [any] a person from the requirements of this title.
846-816 (c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
847-817tribe that is a party to the agreement or a member of that tribe from:
848-818 (i) Section [23-16-5] 23A-11-201, placing a limit of one of any species of big game
849-819during a license year;
850-820 (ii) Section [23-16-6] 23A-11-202, commencement date of the general deer season;
851-821 (iii) a hunter or furharvester education requirement under Chapter [19] 4, Licenses,
852-822Permits, Certificates of Registration, and Tags;
853-823 (iv) an age restriction under Chapter [19] 4, Licenses, Permits, Certificates of
854-824Registration, and Tags;
855-825 (v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
856-826or permit;
857-827 (vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
858-828 (vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
859-829not inconsistent with this title.
860-830 (d) An agreement permitted under Subsection (2)(a) shall:
861-831 (i) be in writing;
862-832 (ii) be signed by:
863-833 (A) the governor; and
864-834 (B) the governing body of the tribe that:
865-835 (I) is designated by the tribe; and
866-836 (II) may bind the tribe to the terms of the agreement;
867-837 (iii) be conditioned on obtaining any approval required by federal law;
868-838 (iv) state the effective date of the agreement;
869-839 (v) provide that the governor shall renegotiate the agreement if the agreement is or
870-840becomes inconsistent with a state statute for which an exemption is not authorized under this
871-841section; and Enrolled Copy H.B. 30
931+896ordinance pursuant to this section to retain a reasonable amount to pay for the costs of
932+897administering and enforcing the ordinance[, provided this] if the use of the permit revenues
933+898does not affect federal funds received by the state under Wildlife Restoration Act, 16 U.S.C.
934+899Sec. 669 et seq., [Wildlife Restoration Act] and Sport Fish Restoration Act, 16 U.S.C. Sec. 777
935+900et seq.[, Sport Fish Restoration Act.]
936+901 (6) A county may require [hunters] a hunter to notify the county sheriff of the time and
937+902place [they] the hunter will be engaged in spotlighting.
938+903 (7) The requirement that a county enact an ordinance [shall be enacted] before a person
939+904may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
940+905 (a) a person or the person's agent who is lawfully acting to protect the person's crops or
941+906domestic animals from predation by those animals; or
942+907 (b) an animal damage control agent acting in the agent's official capacity under a
943+908memorandum of agreement with the division.
944+909 Section 8. Section 23A-1-205, which is renumbered from Section 23-20-9 is
945+910renumbered and amended to read:
946+911 [23-20-9]. 23A-1-205. Donating protected wildlife.
947+912 (1) A person may only donate protected wildlife or [their] wildlife parts to another
948+913person at:
949+914 (a) the residence of the donor;
950+915 (b) the residence of the person receiving protected wildlife or [their] the wildlife parts;
951+916 (c) a meat locker;
952+917 (d) a storage plant;
953+918 (e) a meat processing facility; or
954+919 (f) a location authorized by the Wildlife Board in rule, proclamation, or order.
955+920 (2) A written statement of donation shall be kept with the protected wildlife or parts
956+921showing:
957+922 (a) the number and species of protected wildlife or parts donated;
958+923 (b) the date of donation;
959+924 (c) the license or permit number of the donor; and
960+925 (d) the signature of the donor.
961+926 (3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big 12-19-22 10:31 PM H.B. 30
872962 - 31 -
873-842 (vi) include any accommodation made by the tribe that:
874-843 (A) is agreed to by the tribe;
875-844 (B) is reasonably related to the agreement; and
876-845 (C) concerns the management and use of wildlife resources or habitat.
877-846 (e) [Prior to] Before executing an agreement under this Subsection (2), the governor
878-847shall consult with:
879-848 (i) the division; and
880-849 (ii) the chair of the Wildlife Board [created in Section 23-14-2].
881-850 (f) At least 30 days before the agreement under this Subsection (2) is executed, the
882-851governor or the governor's designee shall provide a copy of the agreement in the form that the
883-852agreement will be executed to:
884-853 (i) the chairs of the Native American Legislative Liaison Committee; and
885-854 (ii) the Office of Legislative Research and General Counsel.
886-855 Section 6. Section 23A-1-203, which is renumbered from Section 23-13-15 is
887-856renumbered and amended to read:
888-857 [23-13-15]. 23A-1-203. Utah State Hunting and Fishing Day.
889-858 In recognition of the substantial and continued contribution by hunters and fishermen
890-859toward the sound management of wildlife in Utah, the fourth Saturday of September of each
891-860year is [hereby established] known as "Utah State Hunting and Fishing Day."
892-861 Section 7. Section 23A-1-204, which is renumbered from Section 23-13-17 is
893-862renumbered and amended to read:
894-863 [23-13-17]. 23A-1-204. Spotlighting of coyote, red fox, striped skunk, and
895-864raccoon -- County ordinances -- Permits.
896-865 (1) For purposes of a county ordinance enacted pursuant to this section, "motor
897-866vehicle" means the same as that term is defined in Section 41-6a-102.
898-867 [(1)] (2) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon
899-868[where] when allowed by a county ordinance enacted pursuant to this section.
900-869 [(2)] (3) The ordinance shall provide that: H.B. 30 Enrolled Copy
963+927game animal to another person or organization at any place without a donation slip.
964+928 Section 9. Section 23A-2-101 is enacted to read:
965+929 CHAPTER 2. ADMINISTRATION
966+930 Part 1. General Provisions
967+931 23A-2-101. Definitions.
968+932 Reserved.
969+933 Section 10. Section 23A-2-102, which is renumbered from Section 23-14-3 is
970+934renumbered and amended to read:
971+935 [23-14-3]. 23A-2-102. Powers of division to determine facts -- Policymaking
972+936powers of Wildlife Board.
973+937 (1) The [Division of Wildlife Resources] division may determine the facts relevant to
974+938the wildlife resources of this state.
975+939 (2) (a) Upon a determination of [these] the facts, the Wildlife Board shall establish the
976+940policies best designed to accomplish the purposes and fulfill the intent of [all] the laws
977+941pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction,
978+942and management of wildlife.
979+943 (b) In establishing policy, the Wildlife Board shall:
980+944 (i) recognize that wildlife and [its] the wildlife's habitat are an essential part of a
981+945healthy, productive environment;
982+946 (ii) recognize the impact of wildlife on humans, human economic activities, private
983+947property rights, and local economies;
984+948 (iii) seek to balance the habitat requirements of wildlife with the social and economic
985+949activities of [man] humans;
986+950 (iv) recognize the social and economic values of wildlife, including fishing, hunting,
987+951and other uses; and
988+952 (v) seek to maintain wildlife on a sustainable basis.
989+953 (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
990+954councils established in Section [23-14-2.6] 23A-2-303.
991+955 (ii) If a regional advisory council recommends a position or action to the Wildlife
992+956Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a
993+957written explanation to the regional advisory council recommending the opposing position. H.B. 30 12-19-22 10:31 PM
901994 - 32 -
902-870 (a) [any] a hunter shall carry the artificial light used to spotlight coyote, red fox, striped
903-871skunk, or raccoon [shall be carried by the hunter];
904-872 (b) a motor vehicle headlight or light attached to or powered by a motor vehicle may
905-873not be used to spotlight the [animal] coyote, red fox, striped skunk, or raccoon; and
906-874 (c) while hunting with the use of an artificial light, the hunter may not occupy or
907-875operate [any] a motor vehicle.
908-876 [(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
909-877defined in Section 41-6a-102.]
910-878 (4) The ordinance may specify:
911-879 (a) the time of day and seasons when spotlighting is permitted;
912-880 (b) areas closed or open to spotlighting within the unincorporated area of the county;
913-881 (c) safety zones within which spotlighting is prohibited;
914-882 (d) the weapons permitted; and
915-883 (e) penalties for violation of the ordinance.
916-884 (5) (a) A county may restrict the number of hunters engaging in spotlighting by
917-885requiring a permit to spotlight and issuing a limited number of permits.
918-886 (b) (i) A county may charge a fee [may be charged] for a spotlighting permit.
919-887 [(ii) Any permit fee shall be established by the county ordinance.]
920-888 (ii) A county ordinance shall establish the permit fee.
921-889 (iii) [Revenues] A county shall remit revenue generated by the permit fee [shall be
922-890remitted to the Division of Wildlife Resources] to the division for deposit into the Wildlife
923-891Resources Account, except the Wildlife Board may allow [any] a county that enacts an
924-892ordinance pursuant to this section to retain a reasonable amount to pay for the costs of
925-893administering and enforcing the ordinance[, provided this] if the use of the permit revenues
926-894does not affect federal funds received by the state under Wildlife Restoration Act, 16 U.S.C.
927-895Sec. 669 et seq., [Wildlife Restoration Act] and Sport Fish Restoration Act, 16 U.S.C. Sec. 777
928-896et seq.[, Sport Fish Restoration Act.]
929-897 (6) A county may require [hunters] a hunter to notify the county sheriff of the time and Enrolled Copy H.B. 30
995+958 (3) [No] An authority conferred upon the Wildlife Board by this title [shall] may not
996+959supersede the administrative authority of the executive director [of the Department of Natural
997+960Resources] or the director [of the Division of Wildlife Resources].
998+961 Section 11. Section 23A-2-201, which is renumbered from Section 23-14-1 is
999+962renumbered and amended to read:
1000+963 Part 2. Division and Director
1001+964 [23-14-1]. 23A-2-201. Division of Wildlife Resources -- Limits on authority of
1002+965political subdivisions -- Adjudicative proceedings -- Official seal.
1003+966 (1) (a) There is created the Division of Wildlife Resources within the Department of
1004+967Natural Resources under the administration and general supervision of the executive director
1005+968[of the Department of Natural Resources].
1006+969 (b) The [Division of Wildlife Resources] division is the wildlife authority for Utah and
1007+970is vested with the functions, powers, duties, rights, and responsibilities provided in this title
1008+971and other law.
1009+972 (2) (a) Subject to the broad policymaking authority of the Wildlife Board, the [Division
1010+973of Wildlife Resources] division shall protect, propagate, manage, conserve, and distribute
1011+974protected wildlife throughout the state.
1012+975 (b) The [Division of Wildlife Resources is appointed as] division is the trustee and
1013+976custodian of protected wildlife and may initiate civil proceedings, in addition to criminal
1014+977proceedings provided for in this title, to:
1015+978 (i) recover damages;
1016+979 (ii) compel performance;
1017+980 (iii) compel substitution;
1018+981 (iv) restrain or enjoin;
1019+982 (v) initiate any other appropriate action; and
1020+983 (vi) seek [any] appropriate remedies in [its] the division's capacity as trustee and
1021+984custodian.
1022+985 (3) (a) If a political subdivision of the state adopts [ordinances or regulations] an
1023+986ordinance or regulation concerning hunting, fishing, or trapping that [conflict] conflicts with
1024+987this title or rules [promulgated] made pursuant to this title, state law [shall prevail] prevails.
1025+988 (b) [Communities] A community may close areas to hunting for safety reasons after 12-19-22 10:31 PM H.B. 30
9301026 - 33 -
931-898place [they] the hunter will be engaged in spotlighting.
932-899 (7) The requirement that a county enact an ordinance [shall be enacted] before a person
933-900may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
934-901 (a) a person or the person's agent who is lawfully acting to protect the person's crops or
935-902domestic animals from predation by those animals; or
936-903 (b) an animal damage control agent acting in the agent's official capacity under a
937-904memorandum of agreement with the division.
938-905 Section 8. Section 23A-1-205, which is renumbered from Section 23-20-9 is
939-906renumbered and amended to read:
940-907 [23-20-9]. 23A-1-205. Donating protected wildlife.
941-908 (1) A person may only donate protected wildlife or [their] wildlife parts to another
942-909person at:
943-910 (a) the residence of the donor;
944-911 (b) the residence of the person receiving protected wildlife or [their] the wildlife parts;
945-912 (c) a meat locker;
946-913 (d) a storage plant;
947-914 (e) a meat processing facility; or
948-915 (f) a location authorized by the Wildlife Board in rule, proclamation, or order.
949-916 (2) A written statement of donation shall be kept with the protected wildlife or parts
950-917showing:
951-918 (a) the number and species of protected wildlife or parts donated;
952-919 (b) the date of donation;
953-920 (c) the license or permit number of the donor; and
954-921 (d) the signature of the donor.
955-922 (3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big
956-923game animal to another person or organization at any place without a donation slip.
957-924 Section 9. Section 23A-2-101 is enacted to read:
958-925 CHAPTER 2. ADMINISTRATION H.B. 30 Enrolled Copy
1027+989confirmation by the Wildlife Board.
1028+990 (4) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
1029+991Act, in the division's adjudicative proceedings.
1030+992 (5) The division shall adopt an official seal and file an impression and a description of
1031+993the official seal with the Division of Archives.
1032+994 Section 12. Section 23A-2-202, which is renumbered from Section 23-14-7 is
1033+995renumbered and amended to read:
1034+996 [23-14-7]. 23A-2-202. Director of the division -- Qualifications.
1035+997 (1) The director shall:
1036+998 (a) be the executive and administrative head of the [Division of Wildlife Resources]
1037+999division; and
1038+1000 (b) have demonstrated ability in management and administration and experience in the
1039+1001protection, conservation, restoration, and management of wildlife resources.
1040+1002 (2) The director may not hold [any other] another public office or be involved in a
1041+1003political party or organization.
1042+1004 Section 13. Section 23A-2-203, which is renumbered from Section 23-14-8 is
1043+1005renumbered and amended to read:
1044+1006 [23-14-8]. 23A-2-203. Director powers.
1045+1007 The director [of the Division of Wildlife Resources], under administrative supervision
1046+1008of the executive director [of the Department of Natural Resources, shall have], has:
1047+1009 (1) executive authority and control of the [Division of Wildlife Resources] division so
1048+1010that policies of the Wildlife Board are carried out in accordance with the laws of this state;
1049+1011 (2) authority over [all] personnel matters;
1050+1012 (3) full control of [all] property acquired and held for the purposes specified in this
1051+1013title; and
1052+1014 (4) authority to declare emergency closed or open seasons in the interest of the wildlife
1053+1015resources of the state.
1054+1016 Section 14. Section 23A-2-204, which is renumbered from Section 23-14-10 is
1055+1017renumbered and amended to read:
1056+1018 [23-14-10]. 23A-2-204. Compensation of division employees -- Travel expenses
1057+1019of director and employees. H.B. 30 12-19-22 10:31 PM
9591058 - 34 -
960-926 Part 1. General Provisions
961-927 23A-2-101. Definitions.
962-928 Reserved.
963-929 Section 10. Section 23A-2-102, which is renumbered from Section 23-14-3 is
964-930renumbered and amended to read:
965-931 [23-14-3]. 23A-2-102. Powers of division to determine facts -- Policymaking
966-932powers of Wildlife Board.
967-933 (1) The [Division of Wildlife Resources] division may determine the facts relevant to
968-934the wildlife resources of this state.
969-935 (2) (a) Upon a determination of [these] the facts, the Wildlife Board shall establish the
970-936policies best designed to accomplish the purposes and fulfill the intent of [all] the laws
971-937pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction,
972-938and management of wildlife.
973-939 (b) In establishing policy, the Wildlife Board shall:
974-940 (i) recognize that wildlife and [its] the wildlife's habitat are an essential part of a
975-941healthy, productive environment;
976-942 (ii) recognize the impact of wildlife on humans, human economic activities, private
977-943property rights, and local economies;
978-944 (iii) seek to balance the habitat requirements of wildlife with the social and economic
979-945activities of [man] humans;
980-946 (iv) recognize the social and economic values of wildlife, including fishing, hunting,
981-947and other uses; and
982-948 (v) seek to maintain wildlife on a sustainable basis.
983-949 (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
984-950councils established in Section [23-14-2.6] 23A-2-303.
985-951 (ii) If a regional advisory council recommends a position or action to the Wildlife
986-952Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a
987-953written explanation to the regional advisory council recommending the opposing position. Enrolled Copy H.B. 30
1059+1020 [Employees of the Division of Wildlife Resources shall receive such] An employee of
1060+1021the division shall receive the compensation [as] the director [shall determine] determines
1061+1022within limits established for state employees by [the Division of Finance] Title 63A, Chapter
1062+102317, Utah State Personnel Management Act. In addition to salaries provided for within this title,
1063+1024the director and employees of the [Division of Wildlife Resources] division are entitled to
1064+1025receive travel expenses as provided in the rules established by the Division of Finance.
1065+1026 Section 15. Section 23A-2-205, which is renumbered from Section 23-14-12 is
1066+1027renumbered and amended to read:
1067+1028 [23-14-12]. 23A-2-205. Oaths administered by director.
1068+1029 The director [of wildlife resources shall have the power to] may administer oaths for
1069+1030[all] the purposes required in the discharge of [his] the director's duties.
1070+1031 Section 16. Section 23A-2-206, which is renumbered from Section 23-15-2 is
1071+1032renumbered and amended to read:
1072+1033 [23-15-2]. 23A-2-206. Jurisdiction of division over public or private land and
1073+1034waters.
1074+1035 [All wildlife] Wildlife within this state, including wildlife on public or private land or
1075+1036in public or private waters within this state, [shall fall] is within the jurisdiction of the
1076+1037[Division of Wildlife Resources] division.
1077+1038 Section 17. Section 23A-2-207, which is renumbered from Section 23-13-6 is
1078+1039renumbered and amended to read:
1079+1040 [23-13-6]. 23A-2-207. Taking of wildlife by division.
1080+1041 (1) Subject to the other provisions of this section, the division may take wildlife of any
1081+1042kind from any place and in any manner for purposes considered by the director [of the division]
1082+1043to be in the interest of wildlife conservation.
1083+1044 (2) The division shall deliver notice to an affected landowner or an agent of an affected
1084+1045landowner, either in writing or orally, before the taking of wildlife on privately owned land
1085+1046under this section. The division may take the wildlife immediately after or at a time reasonably
1086+1047required for the taking after delivering notice.
1087+1048 (3) The notice requirements in Subsection (2) do not apply in a situation when there is
1088+1049a threat to public safety or exigent circumstances exist.
1089+1050 Section 18. Section 23A-2-208, which is renumbered from Section 23-13-7 is 12-19-22 10:31 PM H.B. 30
9881090 - 35 -
989-954 (3) [No] An authority conferred upon the Wildlife Board by this title [shall] may not
990-955supersede the administrative authority of the executive director [of the Department of Natural
991-956Resources] or the director [of the Division of Wildlife Resources].
992-957 Section 11. Section 23A-2-201, which is renumbered from Section 23-14-1 is
993-958renumbered and amended to read:
994-959 Part 2. Division and Director
995-960 [23-14-1]. 23A-2-201. Division of Wildlife Resources -- Limits on authority of
996-961political subdivisions -- Adjudicative proceedings -- Official seal.
997-962 (1) (a) There is created the Division of Wildlife Resources within the Department of
998-963Natural Resources under the administration and general supervision of the executive director
999-964[of the Department of Natural Resources].
1000-965 (b) The [Division of Wildlife Resources] division is the wildlife authority for Utah and
1001-966is vested with the functions, powers, duties, rights, and responsibilities provided in this title
1002-967and other law.
1003-968 (2) (a) Subject to the broad policymaking authority of the Wildlife Board, the [Division
1004-969of Wildlife Resources] division shall protect, propagate, manage, conserve, and distribute
1005-970protected wildlife throughout the state.
1006-971 (b) The [Division of Wildlife Resources is appointed as] division is the trustee and
1007-972custodian of protected wildlife and may initiate civil proceedings, in addition to criminal
1008-973proceedings provided for in this title, to:
1009-974 (i) recover damages;
1010-975 (ii) compel performance;
1011-976 (iii) compel substitution;
1012-977 (iv) restrain or enjoin;
1013-978 (v) initiate any other appropriate action; and
1014-979 (vi) seek [any] appropriate remedies in [its] the division's capacity as trustee and
1015-980custodian.
1016-981 (3) (a) If a political subdivision of the state adopts [ordinances or regulations] an H.B. 30 Enrolled Copy
1091+1051renumbered and amended to read:
1092+1052 [23-13-7]. 23A-2-208. Use of fireworks and explosives by division employees
1093+1053and certain federal game agents.
1094+1054 Notwithstanding any other provision of law, [employees of the Division of Wildlife
1095+1055Resources and federal game agents] the following may, without obtaining a permit, use
1096+1056fireworks and explosives to rally, drive, or otherwise disperse concentrations of wildlife as may
1097+1057be necessary to protect property or wildlife resources:
1098+1058 (1) an employee of the division designated by the director; or
1099+1059 (2) a federal game agent charged with the duty of managing wildlife resources [may,
1100+1060without obtaining a permit, use fireworks and explosives to rally, drive, or otherwise disperse
1101+1061concentrations of wildlife as may be necessary to protect property or wildlife resources].
1102+1062 Section 19. Section 23A-2-209, which is renumbered from Section 23-14-21 is
1103+1063renumbered and amended to read:
1104+1064 [23-14-21]. 23A-2-209. Transplants of big game, turkeys, wolves, or sensitive
1105+1065species.
1106+1066 (1) The division may transplant big game, turkeys, wolves, or sensitive species only in
1107+1067accordance with:
1108+1068 (a) (i) a list of sites for the transplant of a particular species that is prepared and
1109+1069adopted in accordance with Subsections (2) through (5);
1110+1070 [(b)] (ii) a species management plan, such as a deer or elk management plan adopted
1111+1071under Section [23-16-7] 23A-11-301 or a recovery plan for a threatened or endangered species,
1112+1072provided that:
1113+1073 [(i)] (A) the plan identifies sites for the transplant of the species or the lands or waters
1114+1074the species are expected to occupy; and
1115+1075 [(ii)] (B) the public has had an opportunity to comment and make recommendations on
1116+1076the plan; [or] and
1117+1077 (iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.; or
1118+1078 [(c)] (b) a legal agreement between the state and a tribal government that identifies
1119+1079potential transplants[; and]
1120+1080 [(d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq].
1121+1081 (2) The division shall: H.B. 30 12-19-22 10:31 PM
10171122 - 36 -
1018-982ordinance or regulation concerning hunting, fishing, or trapping that [conflict] conflicts with
1019-983this title or rules [promulgated] made pursuant to this title, state law [shall prevail] prevails.
1020-984 (b) [Communities] A community may close areas to hunting for safety reasons after
1021-985confirmation by the Wildlife Board.
1022-986 (4) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
1023-987Act, in the division's adjudicative proceedings.
1024-988 (5) The division shall adopt an official seal and file an impression and a description of
1025-989the official seal with the Division of Archives.
1026-990 Section 12. Section 23A-2-202, which is renumbered from Section 23-14-7 is
1027-991renumbered and amended to read:
1028-992 [23-14-7]. 23A-2-202. Director of the division -- Qualifications.
1029-993 (1) The director shall:
1030-994 (a) be the executive and administrative head of the [Division of Wildlife Resources]
1031-995division; and
1032-996 (b) have demonstrated ability in management and administration and experience in the
1033-997protection, conservation, restoration, and management of wildlife resources.
1034-998 (2) The director may not hold [any other] another public office or be involved in a
1035-999political party or organization.
1036-1000 Section 13. Section 23A-2-203, which is renumbered from Section 23-14-8 is
1037-1001renumbered and amended to read:
1038-1002 [23-14-8]. 23A-2-203. Director powers.
1039-1003 The director [of the Division of Wildlife Resources], under administrative supervision
1040-1004of the executive director [of the Department of Natural Resources, shall have], has:
1041-1005 (1) executive authority and control of the [Division of Wildlife Resources] division so
1042-1006that policies of the Wildlife Board are carried out in accordance with the laws of this state;
1043-1007 (2) authority over [all] personnel matters;
1044-1008 (3) full control of [all] property acquired and held for the purposes specified in this
1045-1009title; and Enrolled Copy H.B. 30
1123+1082 (a) consult with the landowner in determining the suitability of a site for the transplant
1124+1083of a species;
1125+1084 (b) prepare a list of proposed sites for the transplant of species; and
1126+1085 (c) provide notification of proposed sites for the transplant of species to:
1127+1086 (i) local government officials having jurisdiction over areas that may be affected by a
1128+1087transplant; and
1129+1088 (ii) the Resource Development Coordinating Committee created in Section
1130+108963L-11-401.
1131+1090 (3) After receiving comments from local government officials and the Resource
1132+1091Development Coordinating Committee, the division shall submit the list of proposed transplant
1133+1092sites, or a revised list, to regional advisory councils for the one or more regions that may be
1134+1093affected by the transplants of species.
1135+1094 (4) [Each] A regional advisory council reviewing a list of proposed sites for the
1136+1095transplant of species may submit recommendations to the Wildlife Board.
1137+1096 (5) The Wildlife Board shall approve, modify, or reject [each] a proposal for the
1138+1097transplant of a species.
1139+1098 (6) [Each] A list of proposed transplant sites approved by the Wildlife Board shall have
1140+1099a termination date after which a transplant may not occur.
1141+1100 Section 20. Section 23A-2-301, which is renumbered from Section 23-14-2 is
1142+1101renumbered and amended to read:
1143+1102 Part 3. Wildlife Board and Regional Councils
1144+1103 [23-14-2]. 23A-2-301. Wildlife Board created.
1145+1104 (1) There is created a Wildlife Board [which shall consist] that consists of seven
1146+1105members appointed by the governor with the advice and consent of the Senate in accordance
1147+1106with Title 63G, Chapter 24, Part 2, Vacancies.
1148+1107 (2) (a) In addition to the requirements of Section 79-2-203, the members of the [board]
1149+1108Wildlife Board shall have expertise or experience in at least one of the following areas:
1150+1109 (i) wildlife management or biology;
1151+1110 (ii) habitat management, including range or aquatic;
1152+1111 (iii) business, including knowledge of private land issues; and
1153+1112 (iv) economics, including knowledge of recreational wildlife uses. 12-19-22 10:31 PM H.B. 30
10461154 - 37 -
1047-1010 (4) authority to declare emergency closed or open seasons in the interest of the wildlife
1048-1011resources of the state.
1049-1012 Section 14. Section 23A-2-204, which is renumbered from Section 23-14-10 is
1050-1013renumbered and amended to read:
1051-1014 [23-14-10]. 23A-2-204. Compensation of division employees -- Travel expenses
1052-1015of director and employees.
1053-1016 [Employees of the Division of Wildlife Resources shall receive such] An employee of
1054-1017the division shall receive the compensation [as] the director [shall determine] determines
1055-1018within limits established for state employees by [the Division of Finance] Title 63A, Chapter
1056-101917, Utah State Personnel Management Act. In addition to salaries provided for within this title,
1057-1020the director and employees of the [Division of Wildlife Resources] division are entitled to
1058-1021receive travel expenses as provided in the rules established by the Division of Finance.
1059-1022 Section 15. Section 23A-2-205, which is renumbered from Section 23-14-12 is
1060-1023renumbered and amended to read:
1061-1024 [23-14-12]. 23A-2-205. Oaths administered by director.
1062-1025 The director [of wildlife resources shall have the power to] may administer oaths for
1063-1026[all] the purposes required in the discharge of [his] the director's duties.
1064-1027 Section 16. Section 23A-2-206, which is renumbered from Section 23-15-2 is
1065-1028renumbered and amended to read:
1066-1029 [23-15-2]. 23A-2-206. Jurisdiction of division over public or private land and
1067-1030waters.
1068-1031 [All wildlife] Wildlife within this state, including wildlife on public or private land or
1069-1032in public or private waters within this state, [shall fall] is within the jurisdiction of the
1070-1033[Division of Wildlife Resources] division.
1071-1034 Section 17. Section 23A-2-207, which is renumbered from Section 23-13-6 is
1072-1035renumbered and amended to read:
1073-1036 [23-13-6]. 23A-2-207. Taking of wildlife by division.
1074-1037 (1) Subject to the other provisions of this section, the division may take wildlife of any H.B. 30 Enrolled Copy
1155+1113 (b) [Each] At least one member of the Wildlife Board shall represent each of the areas
1156+1114of expertise under Subsection (2)(a) [shall be represented by at least one member of the
1157+1115Wildlife Board].
1158+1116 (3) (a) The governor shall select [each] a board member from a list of nominees
1159+1117submitted by the nominating committee pursuant to Section [23-14-2.5] 23A-2-302.
1160+1118 (b) No more than two members shall be from a single wildlife region described in
1161+1119Subsection [23-14-2.6] 23A-2-303(1).
1162+1120 (c) The governor may request an additional list of at least two nominees from the
1163+1121nominating committee if the initial list of nominees for a given position is unacceptable.
1164+1122 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
1165+1123the initial or additional list, the nominating committee shall make an interim appointment by
1166+1124majority vote.
1167+1125 (ii) The interim board member shall serve until the matter is resolved by the
1168+1126nominating committee and the governor or until the board member is replaced pursuant to this
1169+1127chapter.
1170+1128 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
1171+1129expire, the governor shall appoint [each] a new member or reappointed member to a six-year
1172+1130term.
1173+1131 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1174+1132time of appointment or reappointment, adjust the length of terms to ensure that:
1175+1133 (i) the terms of board members are staggered so that approximately one-third of the
1176+1134[board] Wildlife Board is appointed every two years; and
1177+1135 (ii) members serving from the same region have staggered terms.
1178+1136 (c) If a vacancy occurs, the nominating committee shall submit at least two names, as
1179+1137provided in Subsection [23-14-2.5] 23A-2-302(4), to the governor and the governor shall
1180+1138appoint a replacement for the unexpired term.
1181+1139 (d) [Board members] A board member may serve only one term unless the board
1182+1140member:
1183+1141 (i) [the member] is among the first board members appointed to serve four years or
1184+1142less; or
1185+1143 (ii) [the member] filled a vacancy under Subsection (4)(c) for four years or less. H.B. 30 12-19-22 10:31 PM
10751186 - 38 -
1076-1038kind from any place and in any manner for purposes considered by the director [of the division]
1077-1039to be in the interest of wildlife conservation.
1078-1040 (2) The division shall deliver notice to an affected landowner or an agent of an affected
1079-1041landowner, either in writing or orally, before the taking of wildlife on privately owned land
1080-1042under this section. The division may take the wildlife immediately after or at a time reasonably
1081-1043required for the taking after delivering notice.
1082-1044 (3) The notice requirements in Subsection (2) do not apply in a situation when there is
1083-1045a threat to public safety or exigent circumstances exist.
1084-1046 Section 18. Section 23A-2-208, which is renumbered from Section 23-13-7 is
1085-1047renumbered and amended to read:
1086-1048 [23-13-7]. 23A-2-208. Use of fireworks and explosives by division employees
1087-1049and certain federal game agents.
1088-1050 Notwithstanding any other provision of law, [employees of the Division of Wildlife
1089-1051Resources and federal game agents] the following may, without obtaining a permit, use
1090-1052fireworks and explosives to rally, drive, or otherwise disperse concentrations of wildlife as may
1091-1053be necessary to protect property or wildlife resources:
1092-1054 (1) an employee of the division designated by the director; or
1093-1055 (2) a federal game agent charged with the duty of managing wildlife resources [may,
1094-1056without obtaining a permit, use fireworks and explosives to rally, drive, or otherwise disperse
1095-1057concentrations of wildlife as may be necessary to protect property or wildlife resources].
1096-1058 Section 19. Section 23A-2-209, which is renumbered from Section 23-14-21 is
1097-1059renumbered and amended to read:
1098-1060 [23-14-21]. 23A-2-209. Transplants of big game, turkeys, wolves, or sensitive
1099-1061species.
1100-1062 (1) The division may transplant big game, turkeys, wolves, or sensitive species only in
1101-1063accordance with:
1102-1064 (a) (i) a list of sites for the transplant of a particular species that is prepared and
1103-1065adopted in accordance with Subsections (2) through (5); Enrolled Copy H.B. 30
1187+1144 (5) (a) The [board] Wildlife Board shall elect a chair and a vice chair from [its] the
1188+1145Wildlife Board's membership.
1189+1146 (b) Four members of the [board shall constitute] Wildlife Board constitutes a quorum.
1190+1147 (c) The director [of the Division of Wildlife Resources] shall act as secretary to the
1191+1148[board] Wildlife Board, but is not a voting member of the [board] Wildlife Board.
1192+1149 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
1193+1150to expeditiously conduct [its] the Wildlife Board's business.
1194+1151 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
1195+1152emergency situations.
1196+1153 (c) Meetings may be held at the Salt Lake City office of the [Division of Wildlife
1197+1154Resources] division or elsewhere as determined by the Wildlife Board.
1198+1155 (7) A member may not receive compensation or benefits for the member's service, but
1199+1156may receive per diem and travel expenses in accordance with:
1200+1157 (a) Section 63A-3-106;
1201+1158 (b) Section 63A-3-107; and
1202+1159 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1203+116063A-3-107.
1204+1161 (8) (a) [The members] A member of the Wildlife Board shall complete an orientation
1205+1162course to assist [them] the member in the performance of the duties of [their] the member's
1206+1163office.
1207+1164 (b) The [Department of Natural Resources] department shall provide the course
1208+1165required under Subsection (8)(a).
1209+1166 (9) A member shall comply with the conflict of interest provisions described in Title
1210+116763G, Chapter 24, Part 3, Conflicts of Interest.
1211+1168 Section 21. Section 23A-2-302, which is renumbered from Section 23-14-2.5 is
1212+1169renumbered and amended to read:
1213+1170 [23-14-2.5]. 23A-2-302. Wildlife Board Nominating Committee created.
1214+1171 (1) There is created a Wildlife Board Nominating Committee [which shall consist] that
1215+1172consists of 11 members.
1216+1173 (2) The governor shall appoint members to the nominating committee as follows:
1217+1174 (a) three members shall be appointed from a list of at least two nominees per position 12-19-22 10:31 PM H.B. 30
11041218 - 39 -
1105-1066 [(b)] (ii) a species management plan, such as a deer or elk management plan adopted
1106-1067under Section [23-16-7] 23A-11-301 or a recovery plan for a threatened or endangered species,
1107-1068provided that:
1108-1069 [(i)] (A) the plan identifies sites for the transplant of the species or the lands or waters
1109-1070the species are expected to occupy; and
1110-1071 [(ii)] (B) the public has had an opportunity to comment and make recommendations on
1111-1072the plan; [or] and
1112-1073 (iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.; or
1113-1074 [(c)] (b) a legal agreement between the state and a tribal government that identifies
1114-1075potential transplants[; and]
1115-1076 [(d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq].
1116-1077 (2) The division shall:
1117-1078 (a) consult with the landowner in determining the suitability of a site for the transplant
1118-1079of a species;
1119-1080 (b) prepare a list of proposed sites for the transplant of species; and
1120-1081 (c) provide notification of proposed sites for the transplant of species to:
1121-1082 (i) local government officials having jurisdiction over areas that may be affected by a
1122-1083transplant; and
1123-1084 (ii) the Resource Development Coordinating Committee created in Section
1124-108563L-11-401.
1125-1086 (3) After receiving comments from local government officials and the Resource
1126-1087Development Coordinating Committee, the division shall submit the list of proposed transplant
1127-1088sites, or a revised list, to regional advisory councils for the one or more regions that may be
1128-1089affected by the transplants of species.
1129-1090 (4) [Each] A regional advisory council reviewing a list of proposed sites for the
1130-1091transplant of species may submit recommendations to the Wildlife Board.
1131-1092 (5) The Wildlife Board shall approve, modify, or reject [each] a proposal for the
1132-1093transplant of a species. H.B. 30 Enrolled Copy
1219+1175submitted by the agriculture industry;
1220+1176 (b) three members shall be appointed from a list of at least two nominees per position
1221+1177submitted by sportsmen groups;
1222+1178 (c) two members shall be appointed from a list of at least two nominees per position
1223+1179submitted by nonconsumptive wildlife interests;
1224+1180 (d) one member shall be appointed from a list of at least two nominees submitted by
1225+1181federal land management agencies;
1226+1182 (e) one local elected official shall be appointed from a list of at least two nominees
1227+1183submitted by the Utah Association of Counties; and
1228+1184 (f) one range management specialist shall be appointed from a list of at least two
1229+1185nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah
1230+1186Chapter, The Wildlife Society.
1231+1187 (3) [Each] A wildlife region described in Subsection [23-14-2.6] 23A-2-303(1) shall be
1232+1188represented by at least one member [and no]. A wildlife region may not be represented by more
1233+1189than three members.
1234+1190 (4) The nominating committee shall nominate at least two, but not more than four,
1235+1191candidates for each position or vacancy [which] that occurs on the [board] Wildlife Board.
1236+1192 (5) (a) Except as required by Subsection (5)(b), as terms of current [board] nominating
1237+1193committee members expire, the governor shall appoint [each] a new or reappointed member to
1238+1194a four-year term.
1239+1195 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1240+1196time of appointment or reappointment, adjust the length of terms to ensure that:
1241+1197 (i) the terms of [board] nominating committee members are staggered so that
1242+1198approximately half of the [board] nominating committee is appointed every two years; and
1243+1199 (ii) members from the same wildlife region serve staggered terms.
1244+1200 (c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the
1245+1201same manner that the position was originally filled to serve the remainder of the unexpired
1246+1202term.
1247+1203 (6) The nominating committee shall select a chair and vice chair from [its] the
1248+1204nominating committee's membership.
1249+1205 (7) Six members shall constitute a quorum. H.B. 30 12-19-22 10:31 PM
11331250 - 40 -
1134-1094 (6) [Each] A list of proposed transplant sites approved by the Wildlife Board shall have
1135-1095a termination date after which a transplant may not occur.
1136-1096 Section 20. Section 23A-2-301, which is renumbered from Section 23-14-2 is
1137-1097renumbered and amended to read:
1138-1098 Part 3. Wildlife Board and Regional Councils
1139-1099 [23-14-2]. 23A-2-301. Wildlife Board created.
1140-1100 (1) There is created a Wildlife Board [which shall consist] that consists of seven
1141-1101members appointed by the governor with the advice and consent of the Senate in accordance
1142-1102with Title 63G, Chapter 24, Part 2, Vacancies.
1143-1103 (2) (a) In addition to the requirements of Section 79-2-203, the members of the [board]
1144-1104Wildlife Board shall have expertise or experience in at least one of the following areas:
1145-1105 (i) wildlife management or biology;
1146-1106 (ii) habitat management, including range or aquatic;
1147-1107 (iii) business, including knowledge of private land issues; and
1148-1108 (iv) economics, including knowledge of recreational wildlife uses.
1149-1109 (b) [Each] At least one member of the Wildlife Board shall represent each of the areas
1150-1110of expertise under Subsection (2)(a) [shall be represented by at least one member of the
1151-1111Wildlife Board].
1152-1112 (3) (a) The governor shall select [each] a board member from a list of nominees
1153-1113submitted by the nominating committee pursuant to Section [23-14-2.5] 23A-2-302.
1154-1114 (b) No more than two members shall be from a single wildlife region described in
1155-1115Subsection [23-14-2.6] 23A-2-303(1).
1156-1116 (c) The governor may request an additional list of at least two nominees from the
1157-1117nominating committee if the initial list of nominees for a given position is unacceptable.
1158-1118 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
1159-1119the initial or additional list, the nominating committee shall make an interim appointment by
1160-1120majority vote.
1161-1121 (ii) The interim board member shall serve until the matter is resolved by the Enrolled Copy H.B. 30
1251+1206 (8) A member of the nominating committee may not receive compensation or benefits
1252+1207for the member's service, but may receive per diem and travel expenses in accordance with:
1253+1208 (a) Section 63A-3-106;
1254+1209 (b) Section 63A-3-107; and
1255+1210 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1256+121163A-3-107.
1257+1212 Section 22. Section 23A-2-303, which is renumbered from Section 23-14-2.6 is
1258+1213renumbered and amended to read:
1259+1214 [23-14-2.6]. 23A-2-303. Regional advisory councils created.
1260+1215 (1) There are created five regional advisory councils [which shall] that consist of 12 to
1261+121615 members each from the wildlife region whose boundaries are established for administrative
1262+1217purposes by the division.
1263+1218 (2) The members shall include individuals who represent the following groups and
1264+1219interests:
1265+1220 (a) agriculture;
1266+1221 (b) sportsmen;
1267+1222 (c) nonconsumptive wildlife;
1268+1223 (d) locally elected public officials;
1269+1224 (e) federal land agencies; and
1270+1225 (f) the public at large.
1271+1226 (3) The executive director [of the Department of Natural Resources], in consultation
1272+1227with the director [of the Division of Wildlife Resources], shall select the members from a list
1273+1228of nominees submitted by the respective interest group or agency.
1274+1229 (4) The regional advisory councils shall:
1275+1230 (a) hear broad input, including recommendations, biological data, and information
1276+1231regarding the effects of wildlife;
1277+1232 (b) gather information from staff, the public, and government agencies; and
1278+1233 (c) make recommendations to the Wildlife Board in an advisory capacity.
1279+1234 (5) (a) Except as required by Subsection (5)(b), [each] a member shall serve a four-year
1280+1235term.
1281+1236 (b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall, 12-19-22 10:31 PM H.B. 30
11621282 - 41 -
1163-1122nominating committee and the governor or until the board member is replaced pursuant to this
1164-1123chapter.
1165-1124 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
1166-1125expire, the governor shall appoint [each] a new member or reappointed member to a six-year
1167-1126term.
1168-1127 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1169-1128time of appointment or reappointment, adjust the length of terms to ensure that:
1170-1129 (i) the terms of board members are staggered so that approximately one-third of the
1171-1130[board] Wildlife Board is appointed every two years; and
1172-1131 (ii) members serving from the same region have staggered terms.
1173-1132 (c) If a vacancy occurs, the nominating committee shall submit at least two names, as
1174-1133provided in Subsection [23-14-2.5] 23A-2-302(4), to the governor and the governor shall
1175-1134appoint a replacement for the unexpired term.
1176-1135 (d) [Board members] A board member may serve only one term unless the board
1177-1136member:
1178-1137 (i) [the member] is among the first board members appointed to serve four years or
1179-1138less; or
1180-1139 (ii) [the member] filled a vacancy under Subsection (4)(c) for four years or less.
1181-1140 (5) (a) The [board] Wildlife Board shall elect a chair and a vice chair from [its] the
1182-1141Wildlife Board's membership.
1183-1142 (b) Four members of the [board shall constitute] Wildlife Board constitutes a quorum.
1184-1143 (c) The director [of the Division of Wildlife Resources] shall act as secretary to the
1185-1144[board] Wildlife Board, but is not a voting member of the [board] Wildlife Board.
1186-1145 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
1187-1146to expeditiously conduct [its] the Wildlife Board's business.
1188-1147 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
1189-1148emergency situations.
1190-1149 (c) Meetings may be held at the Salt Lake City office of the [Division of Wildlife H.B. 30 Enrolled Copy
1283+1237at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
1284+1238of council members are staggered so that approximately half of the council is appointed every
1285+1239two years.
1286+1240 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1287+1241appointed for the unexpired term.
1288+1242 (7) The councils shall determine:
1289+1243 (a) the time and place of meetings; and
1290+1244 (b) [any other] a procedural matter not specified in this chapter.
1291+1245 (8) Members of the councils shall complete an orientation course [as provided]
1292+1246described in Subsection [23-14-2] 23A-2-301(8).
1293+1247 (9) A member may not receive compensation or benefits for the member's service, but
1294+1248may receive per diem and travel expenses in accordance with:
1295+1249 (a) Section 63A-3-106;
1296+1250 (b) Section 63A-3-107; and
1297+1251 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1298+125263A-3-107.
1299+1253 Section 23. Section 23A-2-304, which is renumbered from Section 23-14-19 is
1300+1254renumbered and amended to read:
1301+1255 [23-14-19]. 23A-2-304. Rules, proclamations, and orders of the Wildlife Board
1302+1256-- Judicial notice of proclamations.
1303+1257 (1) The Wildlife Board shall exercise [its] the Wildlife Board's powers by making rules
1304+1258and issuing proclamations and orders pursuant to this [code] title.
1305+1259 (2) A court shall take judicial notice of a proclamation published under the authority of
1306+1260this title.
1307+1261 Section 24. Section 23A-2-305, which is renumbered from Section 23-14-18 is
1308+1262renumbered and amended to read:
1309+1263 [23-14-18]. 23A-2-305. Establishment of seasons, locations, limits, and
1310+1264regulations by the Wildlife Board.
1311+1265 (1) To provide an adequate and flexible system of protection, propagation,
1312+1266introduction, increase, control, harvest, management, and conservation of protected wildlife in
1313+1267this state and to provide for the use and development of protected wildlife for public recreation H.B. 30 12-19-22 10:31 PM
11911314 - 42 -
1192-1150Resources] division or elsewhere as determined by the Wildlife Board.
1193-1151 (7) A member may not receive compensation or benefits for the member's service, but
1194-1152may receive per diem and travel expenses in accordance with:
1195-1153 (a) Section 63A-3-106;
1196-1154 (b) Section 63A-3-107; and
1197-1155 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1198-115663A-3-107.
1199-1157 (8) (a) [The members] A member of the Wildlife Board shall complete an orientation
1200-1158course to assist [them] the member in the performance of the duties of [their] the member's
1201-1159office.
1202-1160 (b) The [Department of Natural Resources] department shall provide the course
1203-1161required under Subsection (8)(a).
1204-1162 (9) A member shall comply with the conflict of interest provisions described in Title
1205-116363G, Chapter 24, Part 3, Conflicts of Interest.
1206-1164 Section 21. Section 23A-2-302, which is renumbered from Section 23-14-2.5 is
1207-1165renumbered and amended to read:
1208-1166 [23-14-2.5]. 23A-2-302. Wildlife Board Nominating Committee created.
1209-1167 (1) There is created a Wildlife Board Nominating Committee [which shall consist] that
1210-1168consists of 11 members.
1211-1169 (2) The governor shall appoint members to the nominating committee as follows:
1212-1170 (a) three members shall be appointed from a list of at least two nominees per position
1213-1171submitted by the agriculture industry;
1214-1172 (b) three members shall be appointed from a list of at least two nominees per position
1215-1173submitted by sportsmen groups;
1216-1174 (c) two members shall be appointed from a list of at least two nominees per position
1217-1175submitted by nonconsumptive wildlife interests;
1218-1176 (d) one member shall be appointed from a list of at least two nominees submitted by
1219-1177federal land management agencies; Enrolled Copy H.B. 30
1315+1268and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
1316+1269Board shall determine the circumstances, time, location, means, and the amounts[,] and
1317+1270numbers of protected wildlife [which] that may be taken.
1318+1271 (2) The Wildlife Board shall, except as otherwise specified in this [code] title:
1319+1272 (a) fix seasons and shorten, extend, or close seasons on any species of protected
1320+1273wildlife in any locality, or in the entire state, if the [board] Wildlife Board finds that the action
1321+1274is necessary to effectuate proper wildlife management and control;
1322+1275 (b) close or open areas to fishing, trapping, or hunting;
1323+1276 (c) establish refuges and preserves;
1324+1277 (d) regulate and prescribe the means by which protected wildlife may be taken;
1325+1278 (e) regulate the transportation and storage of protected wildlife, or [their] the wildlife
1326+1279parts, within the boundaries of the state and the shipment or transportation out of the state;
1327+1280 (f) establish or change bag limits and possession limits;
1328+1281 (g) prescribe safety measures and establish other regulations as may be considered
1329+1282necessary in the interest of wildlife conservation and the safety and welfare of hunters,
1330+1283trappers, fishermen, landowners, and the public;
1331+1284 (h) (i) prescribe when [licenses, permits, tags, and certificates of registration shall be] a
1332+1285license, permit, tag, or certificate of registration is required and procedures for their issuance
1333+1286and use; and
1334+1287 (ii) establish forms and fees for [licenses, permits, tags, and certificates of registration]
1335+1288a license, permit, tag, or certificate of registration; and
1336+1289 (i) [prescribe rules and regulations as it] make rules, in accordance with Title 63G,
1337+1290Chapter 3, Utah Administrative Rulemaking Act, as the Wildlife Board may consider necessary
1338+1291to control the use and harvest of protected wildlife by private associations, clubs, partnerships,
1339+1292or corporations, provided the rules [and regulations] do not preclude the landowner from
1340+1293personally controlling trespass upon the owner's properties nor from charging a fee to trespass
1341+1294for purposes of hunting or fishing.
1342+1295 (3) The Wildlife Board may allow a season on protected wildlife to commence on any
1343+1296day of the week except Sunday.
1344+1297 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
1345+1298of registration in accordance with Section 63J-1-504. 12-19-22 10:31 PM H.B. 30
12201346 - 43 -
1221-1178 (e) one local elected official shall be appointed from a list of at least two nominees
1222-1179submitted by the Utah Association of Counties; and
1223-1180 (f) one range management specialist shall be appointed from a list of at least two
1224-1181nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah
1225-1182Chapter, The Wildlife Society.
1226-1183 (3) [Each] A wildlife region described in Subsection [23-14-2.6] 23A-2-303(1) shall be
1227-1184represented by at least one member [and no]. A wildlife region may not be represented by more
1228-1185than three members.
1229-1186 (4) The nominating committee shall nominate at least two, but not more than four,
1230-1187candidates for each position or vacancy [which] that occurs on the [board] Wildlife Board.
1231-1188 (5) (a) Except as required by Subsection (5)(b), as terms of current [board] nominating
1232-1189committee members expire, the governor shall appoint [each] a new or reappointed member to
1233-1190a four-year term.
1234-1191 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1235-1192time of appointment or reappointment, adjust the length of terms to ensure that:
1236-1193 (i) the terms of [board] nominating committee members are staggered so that
1237-1194approximately half of the [board] nominating committee is appointed every two years; and
1238-1195 (ii) members from the same wildlife region serve staggered terms.
1239-1196 (c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the
1240-1197same manner that the position was originally filled to serve the remainder of the unexpired
1241-1198term.
1242-1199 (6) The nominating committee shall select a chair and vice chair from [its] the
1243-1200nominating committee's membership.
1244-1201 (7) Six members shall constitute a quorum.
1245-1202 (8) A member of the nominating committee may not receive compensation or benefits
1246-1203for the member's service, but may receive per diem and travel expenses in accordance with:
1247-1204 (a) Section 63A-3-106;
1248-1205 (b) Section 63A-3-107; and H.B. 30 Enrolled Copy
1347+1299 (5) The Wildlife Board may not issue a license, permit, tag, or certificate of registration
1348+1300as a reward for an individual's assistance with a prosecution for violation of Section 76-6-111.
1349+1301 Section 25. Section 23A-2-401, which is renumbered from Section 23-22-1 is
1350+1302renumbered and amended to read:
1351+1303 Part 4. Cooperative and Reciprocal Agreements
1352+1304 [23-22-1]. 23A-2-401. Cooperative agreements and programs authorized.
1353+1305 (1) The [Division of Wildlife Resources] division may enter into cooperative
1354+1306agreements and programs with other state agencies, federal agencies, states, educational
1355+1307institutions, municipalities, counties, corporations, organized clubs, landowners, associations,
1356+1308and individuals for purposes of wildlife conservation.
1357+1309 (2) Cooperative agreements that are policy in nature shall be:
1358+1310 (a) approved by the executive director [of the Department of Natural Resources]; and
1359+1311 (b) reviewed by the Wildlife Board.
1360+1312 Section 26. Section 23A-2-402, which is renumbered from Section 23-22-2 is
1361+1313renumbered and amended to read:
1362+1314 [23-22-2]. 23A-2-402. Acceptance of Acts of Congress.
1363+1315 (1) The state assents to [the provisions of] the Wildlife Restoration Act, 16 U.S.C. Sec.
1364+1316669 et seq., [Wildlife Restoration Act] and the Sport Fish Restoration Act, 16 U.S.C. 777 et
1365+1317seq.[, Sport Fish Restoration Act.]
1366+1318 (2) The division shall conduct and establish cooperative fish and wildlife restoration
1367+1319projects as provided by the acts specified in Subsection (1) and rules [promulgated] made
1368+1320under those acts.
1369+1321 (3) The following revenues received by the state may not be used for any purpose other
1370+1322than the administration of the division:
1371+1323 (a) revenue from the sale of [any] a license, permit, tag, [stamp,] or certificate of
1372+1324registration that conveys to a person the privilege to take wildlife for sport or recreation, less
1373+1325reasonable vendor fees;
1374+1326 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1375+1327property acquired with revenue specified in Subsection (3)(a);
1376+1328 (c) interest, dividends, or other income earned on revenue specified in Subsection
1377+1329(3)(a) or (b); and H.B. 30 12-19-22 10:31 PM
12491378 - 44 -
1250-1206 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1251-120763A-3-107.
1252-1208 Section 22. Section 23A-2-303, which is renumbered from Section 23-14-2.6 is
1253-1209renumbered and amended to read:
1254-1210 [23-14-2.6]. 23A-2-303. Regional advisory councils created.
1255-1211 (1) There are created five regional advisory councils [which shall] that consist of 12 to
1256-121215 members each from the wildlife region whose boundaries are established for administrative
1257-1213purposes by the division.
1258-1214 (2) The members shall include individuals who represent the following groups and
1259-1215interests:
1260-1216 (a) agriculture;
1261-1217 (b) sportsmen;
1262-1218 (c) nonconsumptive wildlife;
1263-1219 (d) locally elected public officials;
1264-1220 (e) federal land agencies; and
1265-1221 (f) the public at large.
1266-1222 (3) The executive director [of the Department of Natural Resources], in consultation
1267-1223with the director [of the Division of Wildlife Resources], shall select the members from a list
1268-1224of nominees submitted by the respective interest group or agency.
1269-1225 (4) The regional advisory councils shall:
1270-1226 (a) hear broad input, including recommendations, biological data, and information
1271-1227regarding the effects of wildlife;
1272-1228 (b) gather information from staff, the public, and government agencies; and
1273-1229 (c) make recommendations to the Wildlife Board in an advisory capacity.
1274-1230 (5) (a) Except as required by Subsection (5)(b), [each] a member shall serve a four-year
1275-1231term.
1276-1232 (b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall,
1277-1233at the time of appointment or reappointment, adjust the length of terms to ensure that the terms Enrolled Copy H.B. 30
1379+1330 (d) federal aid project reimbursements to the extent that revenue specified in
1380+1331Subsection (3)(a) or (b) originally funded the project for which the reimbursement is being
1381+1332made.
1382+1333 Section 27. Section 23A-2-403, which is renumbered from Section 23-22-3 is
1383+1334renumbered and amended to read:
1384+1335 [23-22-3]. 23A-2-403. Reciprocal agreements with other states.
1385+1336 (1) The Wildlife Board [is authorized to] may enter into reciprocal agreements with
1386+1337other states to:
1387+1338 (a) license and regulate fishing, hunting, and related activities; and
1388+1339 (b) promote and implement wildlife management programs.
1389+1340 (2) Reciprocal agreements shall be approved by the executive director [of the
1390+1341Department of Natural Resources].
1391+1342 Section 28. Section 23A-2-501, which is renumbered from Section 23-25-2 is
1392+1343renumbered and amended to read:
1393+1344 Part 5. Wildlife Violator Compact
1394+1345 [23-25-2]. 23A-2-501. Adoption and text of compact.
1395+1346 (1) The participating states find that:
1396+1347 (a) Wildlife resources are managed in trust by the respective states for the benefit of all
1397+1348residents and visitors.
1398+1349 (b) The protection of the wildlife resources of a state is materially affected by the
1399+1350degree of compliance with state statutes, laws, regulations, ordinances, and administrative rules
1400+1351relating to the management of the resources.
1401+1352 (c) The preservation, protection, management, and restoration of wildlife contributes
1402+1353immeasurably to the aesthetic, recreational, and economic aspects of the natural resources.
1403+1354 (d) Wildlife resources are valuable without regard to political boundaries; therefore,
1404+1355every person should be required to comply with wildlife preservation, protection, management,
1405+1356and restoration laws, ordinances, and administrative rules and regulations of the participating
1406+1357states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap,
1407+1358or possess wildlife.
1408+1359 (e) Violation of wildlife laws interferes with the management of wildlife resources and
1409+1360may endanger the safety of persons and property. 12-19-22 10:31 PM H.B. 30
12781410 - 45 -
1279-1234of council members are staggered so that approximately half of the council is appointed every
1280-1235two years.
1281-1236 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1282-1237appointed for the unexpired term.
1283-1238 (7) The councils shall determine:
1284-1239 (a) the time and place of meetings; and
1285-1240 (b) [any other] a procedural matter not specified in this chapter.
1286-1241 (8) Members of the councils shall complete an orientation course [as provided]
1287-1242described in Subsection [23-14-2] 23A-2-301(8).
1288-1243 (9) A member may not receive compensation or benefits for the member's service, but
1289-1244may receive per diem and travel expenses in accordance with:
1290-1245 (a) Section 63A-3-106;
1291-1246 (b) Section 63A-3-107; and
1292-1247 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1293-124863A-3-107.
1294-1249 Section 23. Section 23A-2-304, which is renumbered from Section 23-14-19 is
1295-1250renumbered and amended to read:
1296-1251 [23-14-19]. 23A-2-304. Rules, proclamations, and orders of the Wildlife Board
1297-1252-- Judicial notice of proclamations.
1298-1253 (1) The Wildlife Board shall exercise [its] the Wildlife Board's powers by making rules
1299-1254and issuing proclamations and orders pursuant to this [code] title.
1300-1255 (2) A court shall take judicial notice of a proclamation published under the authority of
1301-1256this title.
1302-1257 Section 24. Section 23A-2-305, which is renumbered from Section 23-14-18 is
1303-1258renumbered and amended to read:
1304-1259 [23-14-18]. 23A-2-305. Establishment of seasons, locations, limits, and
1305-1260regulations by the Wildlife Board.
1306-1261 (1) To provide an adequate and flexible system of protection, propagation, H.B. 30 Enrolled Copy
1411+1361 (f) The mobility of many wildlife law violators necessitates the maintenance of
1412+1362channels of communication among the various states.
1413+1363 (g) Usually, a person who is cited for a wildlife violation in a state other than his home
1414+1364state:
1415+1365 (i) is required to post collateral or bond to secure appearance for a trial at a later date;
1416+1366or
1417+1367 (ii) is taken directly into custody until collateral or bond is posted; or
1418+1368 (iii) is taken directly to court for an immediate appearance.
1419+1369 (h) The purpose of the enforcement practices set forth in Subsection (1)(g) is to ensure
1420+1370compliance with the terms of a wildlife citation by the cited person who, if permitted to
1421+1371continue on his way after receiving the citation, could return to his home state and disregard his
1422+1372duty under the terms of the citation.
1423+1373 (i) In most instances, a person receiving a wildlife citation in his home state is
1424+1374permitted to accept the citation from the officer at the scene of the violation and immediately
1425+1375continue on his way after agreeing or being instructed to comply with the terms of the citation.
1426+1376 (j) The practices described in Subsection (1)(g) cause unnecessary inconvenience and,
1427+1377at times, a hardship for the person who is unable at the time to post collateral, furnish a bond,
1428+1378stand trial, or pay a fine, and is compelled to remain in custody until some alternative
1429+1379arrangement is made.
1430+1380 (k) The enforcement practices described in Subsection (1)(g) consume an undue
1431+1381amount of enforcement time.
1432+1382 (2) It is the policy of the participating states to:
1433+1383 (a) promote compliance with the statutes, laws, ordinances, regulations, and
1434+1384administrative rules relating to the management of wildlife resources in their respective states;
1435+1385 (b) recognize the suspension of wildlife license privileges of a person whose license
1436+1386privileges have been suspended by a participating state and treat the suspension as if it had
1437+1387occurred in their state;
1438+1388 (c) allow a violator, except as provided in Subsection [23-25-4] 23A-2-503(2), to
1439+1389accept a wildlife citation and, without delay, proceed on his way, whether or not the violator is
1440+1390a resident of the state in which the citation was issued, provided that the violator's home state is
1441+1391a party to this compact; H.B. 30 12-19-22 10:31 PM
13071442 - 46 -
1308-1262introduction, increase, control, harvest, management, and conservation of protected wildlife in
1309-1263this state and to provide for the use and development of protected wildlife for public recreation
1310-1264and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
1311-1265Board shall determine the circumstances, time, location, means, and the amounts[,] and
1312-1266numbers of protected wildlife [which] that may be taken.
1313-1267 (2) The Wildlife Board shall, except as otherwise specified in this [code] title:
1314-1268 (a) fix seasons and shorten, extend, or close seasons on any species of protected
1315-1269wildlife in any locality, or in the entire state, if the [board] Wildlife Board finds that the action
1316-1270is necessary to effectuate proper wildlife management and control;
1317-1271 (b) close or open areas to fishing, trapping, or hunting;
1318-1272 (c) establish refuges and preserves;
1319-1273 (d) regulate and prescribe the means by which protected wildlife may be taken;
1320-1274 (e) regulate the transportation and storage of protected wildlife, or [their] the wildlife
1321-1275parts, within the boundaries of the state and the shipment or transportation out of the state;
1322-1276 (f) establish or change bag limits and possession limits;
1323-1277 (g) prescribe safety measures and establish other regulations as may be considered
1324-1278necessary in the interest of wildlife conservation and the safety and welfare of hunters,
1325-1279trappers, fishermen, landowners, and the public;
1326-1280 (h) (i) prescribe when [licenses, permits, tags, and certificates of registration shall be] a
1327-1281license, permit, tag, or certificate of registration is required and procedures for their issuance
1328-1282and use; and
1329-1283 (ii) establish forms and fees for [licenses, permits, tags, and certificates of registration]
1330-1284a license, permit, tag, or certificate of registration; and
1331-1285 (i) [prescribe rules and regulations as it] make rules, in accordance with Title 63G,
1332-1286Chapter 3, Utah Administrative Rulemaking Act, as the Wildlife Board may consider necessary
1333-1287to control the use and harvest of protected wildlife by private associations, clubs, partnerships,
1334-1288or corporations, provided the rules [and regulations] do not preclude the landowner from
1335-1289personally controlling trespass upon the owner's properties nor from charging a fee to trespass Enrolled Copy H.B. 30
1443+1392 (d) report to the appropriate participating state, as provided in the compact manual, a
1444+1393conviction recorded against a person whose home state was not the issuing state;
1445+1394 (e) allow the home state to recognize and treat convictions recorded against its
1446+1395residents, which convictions occurred in a participating state, as though they had occurred in
1447+1396the home state;
1448+1397 (f) extend cooperation to its fullest extent among the participating states for enforcing
1449+1398compliance with the terms of a wildlife citation issued in one participating state to a resident of
1450+1399another state;
1451+1400 (g) maximize effective use of law enforcement personnel and information; and
1452+1401 (h) assist court systems in the efficient disposition of wildlife violations.
1453+1402 Section 29. Section 23A-2-502, which is renumbered from Section 23-25-3 is
1454+1403renumbered and amended to read:
1455+1404 [23-25-3]. 23A-2-502. Definitions.
1456+1405 As used in this compact:
1457+1406 (1) "Citation" means a summons, complaint, summons and complaint, ticket, penalty
1458+1407assessment, or other official document issued to a person by a wildlife officer or other peace
1459+1408officer for a wildlife violation which contains an order requiring the person to respond.
1460+1409 (2) "Collateral" means cash or other security deposited to secure an appearance for trial
1461+1410in connection with the issuance by a wildlife officer or other peace officer of a citation for a
1462+1411wildlife violation.
1463+1412 (3) "Compliance" with respect to a citation means the act of answering a citation
1464+1413through an appearance in a court or tribunal, or through the payment of fines, costs, and
1465+1414surcharges.
1466+1415 (4) "Conviction" means a conviction, including any court conviction, for an offense
1467+1416related to the preservation, protection, management, or restoration of wildlife which is
1468+1417prohibited by state statute, law, regulation, ordinance, or administrative rule. This conviction
1469+1418shall also include the forfeiture of any bail, bond, or other security deposited to secure
1470+1419appearance by a person charged with having committed the offense, the payment of a penalty
1471+1420assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence
1472+1421by the court.
1473+1422 (5) "Court" means a court of law, including magistrate's court and the justice of the 12-19-22 10:31 PM H.B. 30
13361474 - 47 -
1337-1290for purposes of hunting or fishing.
1338-1291 (3) The Wildlife Board may allow a season on protected wildlife to commence on any
1339-1292day of the week except Sunday.
1340-1293 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
1341-1294of registration in accordance with Section 63J-1-504.
1342-1295 (5) The Wildlife Board may not issue a license, permit, tag, or certificate of registration
1343-1296as a reward for an individual's assistance with a prosecution for violation of Section 76-6-111.
1344-1297 Section 25. Section 23A-2-401, which is renumbered from Section 23-22-1 is
1345-1298renumbered and amended to read:
1346-1299 Part 4. Cooperative and Reciprocal Agreements
1347-1300 [23-22-1]. 23A-2-401. Cooperative agreements and programs authorized.
1348-1301 (1) The [Division of Wildlife Resources] division may enter into cooperative
1349-1302agreements and programs with other state agencies, federal agencies, states, educational
1350-1303institutions, municipalities, counties, corporations, organized clubs, landowners, associations,
1351-1304and individuals for purposes of wildlife conservation.
1352-1305 (2) Cooperative agreements that are policy in nature shall be:
1353-1306 (a) approved by the executive director [of the Department of Natural Resources]; and
1354-1307 (b) reviewed by the Wildlife Board.
1355-1308 Section 26. Section 23A-2-402, which is renumbered from Section 23-22-2 is
1356-1309renumbered and amended to read:
1357-1310 [23-22-2]. 23A-2-402. Acceptance of Acts of Congress.
1358-1311 (1) The state assents to [the provisions of] the Wildlife Restoration Act, 16 U.S.C. Sec.
1359-1312669 et seq., [Wildlife Restoration Act] and the Sport Fish Restoration Act, 16 U.S.C. 777 et
1360-1313seq.[, Sport Fish Restoration Act.]
1361-1314 (2) The division shall conduct and establish cooperative fish and wildlife restoration
1362-1315projects as provided by the acts specified in Subsection (1) and rules [promulgated] made
1363-1316under those acts.
1364-1317 (3) The following revenues received by the state may not be used for any purpose other H.B. 30 Enrolled Copy
1475+1423peace court.
1476+1424 (6) "Home state" means the state of primary residence of a person.
1477+1425 (7) "Issuing state" means the participating state which issues a wildlife citation to the
1478+1426violator.
1479+1427 (8) "License" means a license, permit, or other public document which conveys to the
1480+1428person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife
1481+1429regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
1482+1430 (9) "Licensing authority" means the department or division within each participating
1483+1431state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or
1484+1432possess wildlife.
1485+1433 (10) "Participating state" means any state which enacts legislation to become a member
1486+1434of this wildlife compact.
1487+1435 (11) "Personal recognizance" means an agreement by a person made at the time of
1488+1436issuance of the wildlife citation that the person will comply with the terms of the citation.
1489+1437 (12) "State" means a state, territory, or possession of the United States, the District of
1490+1438Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and the other
1491+1439countries.
1492+1440 (13) "Suspension" means a revocation, denial, or withdrawal of any or all license
1493+1441privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by
1494+1442any license.
1495+1443 (14) "Wildlife" means species of animals including, but not limited to, mammals,
1496+1444birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and
1497+1445are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative
1498+1446rule in a participating state. Species included in the definition of "wildlife" vary from state to
1499+1447state and determination of whether a species is "wildlife" for the purpose of this compact shall
1500+1448be based on local law.
1501+1449 (15) "Wildlife law" means any statute, law, regulation, ordinance, or administrative
1502+1450rule developed and enacted for the management and use of wildlife resources.
1503+1451 (16) "Wildlife officer" means an individual authorized by a participating state to issue a
1504+1452citation for a wildlife violation.
1505+1453 (17) "Wildlife violation" means a cited violation of a statute, law, regulation, H.B. 30 12-19-22 10:31 PM
13651506 - 48 -
1366-1318than the administration of the division:
1367-1319 (a) revenue from the sale of [any] a license, permit, tag, [stamp,] or certificate of
1368-1320registration that conveys to a person the privilege to take wildlife for sport or recreation, less
1369-1321reasonable vendor fees;
1370-1322 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1371-1323property acquired with revenue specified in Subsection (3)(a);
1372-1324 (c) interest, dividends, or other income earned on revenue specified in Subsection
1373-1325(3)(a) or (b); and
1374-1326 (d) federal aid project reimbursements to the extent that revenue specified in
1375-1327Subsection (3)(a) or (b) originally funded the project for which the reimbursement is being
1376-1328made.
1377-1329 Section 27. Section 23A-2-403, which is renumbered from Section 23-22-3 is
1378-1330renumbered and amended to read:
1379-1331 [23-22-3]. 23A-2-403. Reciprocal agreements with other states.
1380-1332 (1) The Wildlife Board [is authorized to] may enter into reciprocal agreements with
1381-1333other states to:
1382-1334 (a) license and regulate fishing, hunting, and related activities; and
1383-1335 (b) promote and implement wildlife management programs.
1384-1336 (2) Reciprocal agreements shall be approved by the executive director [of the
1385-1337Department of Natural Resources].
1386-1338 Section 28. Section 23A-2-501, which is renumbered from Section 23-25-2 is
1387-1339renumbered and amended to read:
1388-1340 Part 5. Wildlife Violator Compact
1389-1341 [23-25-2]. 23A-2-501. Adoption and text of compact.
1390-1342 (1) The participating states find that:
1391-1343 (a) Wildlife resources are managed in trust by the respective states for the benefit of all
1392-1344residents and visitors.
1393-1345 (b) The protection of the wildlife resources of a state is materially affected by the Enrolled Copy H.B. 30
1507+1454ordinance, or administrative rule developed and enacted for the management and use of
1508+1455wildlife resources.
1509+1456 Section 30. Section 23A-2-503, which is renumbered from Section 23-25-4 is
1510+1457renumbered and amended to read:
1511+1458 [23-25-4]. 23A-2-503. Procedures for issuing state.
1512+1459 (1) When issuing a citation for a wildlife violation, a wildlife officer shall issue a
1513+1460citation to a person whose primary residence is in a participating state in the same manner as
1514+1461though the person were a resident of the issuing state and shall not require the person to post
1515+1462collateral to secure appearance, subject to the exceptions under Subsection (2), if the officer
1516+1463receives the recognizance of the person that he will comply with the terms of the citation.
1517+1464 (2) Personal recognizance is acceptable:
1518+1465 (a) if not prohibited by local law or the compact manual; and
1519+1466 (b) if the violator provides adequate proof of identification to the wildlife officer.
1520+1467 (3) (a) Upon conviction or failure of a person to comply with the terms of a wildlife
1521+1468citation, the appropriate official shall report the conviction or failure to comply to the licensing
1522+1469authority of the participating state in which the wildlife citation was issued.
1523+1470 (b) The report shall be made in accordance with procedures specified by the issuing
1524+1471state and shall contain information as specified in the compact manual as minimum
1525+1472requirements for effective processing by the home state.
1526+1473 (4) Upon receipt of the report of a conviction or noncompliance pursuant to Subsection
1527+1474(3)(b), the licensing authority of the issuing state shall transmit to the licensing authority of the
1528+1475home state of the violator the information in the form and with the content as prescribed in the
1529+1476compact manual.
1530+1477 Section 31. Section 23A-2-504, which is renumbered from Section 23-25-5 is
1531+1478renumbered and amended to read:
1532+1479 [23-25-5]. 23A-2-504. Procedure for home state.
1533+1480 (1) (a) Upon receipt of a report from the licensing authority of the issuing state
1534+1481reporting the failure of a violator to comply with the term of a citation, the licensing authority
1535+1482of the home state shall:
1536+1483 (i) notify the violator;
1537+1484 (ii) initiate a suspension action in accordance with the home state's suspension 12-19-22 10:31 PM H.B. 30
13941538 - 49 -
1395-1346degree of compliance with state statutes, laws, regulations, ordinances, and administrative rules
1396-1347relating to the management of the resources.
1397-1348 (c) The preservation, protection, management, and restoration of wildlife contributes
1398-1349immeasurably to the aesthetic, recreational, and economic aspects of the natural resources.
1399-1350 (d) Wildlife resources are valuable without regard to political boundaries; therefore,
1400-1351every person should be required to comply with wildlife preservation, protection, management,
1401-1352and restoration laws, ordinances, and administrative rules and regulations of the participating
1402-1353states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap,
1403-1354or possess wildlife.
1404-1355 (e) Violation of wildlife laws interferes with the management of wildlife resources and
1405-1356may endanger the safety of persons and property.
1406-1357 (f) The mobility of many wildlife law violators necessitates the maintenance of
1407-1358channels of communication among the various states.
1408-1359 (g) Usually, a person who is cited for a wildlife violation in a state other than his home
1409-1360state:
1410-1361 (i) is required to post collateral or bond to secure appearance for a trial at a later date;
1411-1362or
1412-1363 (ii) is taken directly into custody until collateral or bond is posted; or
1413-1364 (iii) is taken directly to court for an immediate appearance.
1414-1365 (h) The purpose of the enforcement practices set forth in Subsection (1)(g) is to ensure
1415-1366compliance with the terms of a wildlife citation by the cited person who, if permitted to
1416-1367continue on his way after receiving the citation, could return to his home state and disregard his
1417-1368duty under the terms of the citation.
1418-1369 (i) In most instances, a person receiving a wildlife citation in his home state is
1419-1370permitted to accept the citation from the officer at the scene of the violation and immediately
1420-1371continue on his way after agreeing or being instructed to comply with the terms of the citation.
1421-1372 (j) The practices described in Subsection (1)(g) cause unnecessary inconvenience and,
1422-1373at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, H.B. 30 Enrolled Copy
1539+1485procedures; and
1540+1486 (iii) suspend the violator's license privileges until satisfactory evidence of compliance
1541+1487with the terms of the wildlife citation has been furnished by the issuing state to the home state
1542+1488licensing authority.
1543+1489 (b) Due process safeguards will be accorded.
1544+1490 (2) Upon receipt of a report of conviction from the licensing authority of the issuing
1545+1491state, the licensing authority of the home state shall enter the conviction as though it occurred
1546+1492in the home state for the purposes of the suspension of license privileges.
1547+1493 (3) The licensing authority of the home state shall:
1548+1494 (a) maintain a record of actions taken; and
1549+1495 (b) make reports to issuing states as provided in the compact manual.
1550+1496 Section 32. Section 23A-2-505, which is renumbered from Section 23-25-6 is
1551+1497renumbered and amended to read:
1552+1498 [23-25-6]. 23A-2-505. Reciprocal recognition of suspension.
1553+1499 (1) All participating states shall recognize the suspension of license privileges of a
1554+1500person by the participating state as though the violation resulting in the suspension:
1555+1501 (a) had occurred in their state; and
1556+1502 (b) could have been the basis of the suspension of license privileges in their state.
1557+1503 (2) Each participating state shall communicate suspension information to other
1558+1504participating states in the form and with the content as contained in the compact manual.
1559+1505 Section 33. Section 23A-2-506, which is renumbered from Section 23-25-7 is
1560+1506renumbered and amended to read:
1561+1507 [23-25-7]. 23A-2-506. Applicability of other laws.
1562+1508 Except as expressly required by provisions of this compact, nothing herein shall be
1563+1509construed to affect the right of any participating state to apply any of its laws relating to license
1564+1510privileges to a person or circumstance or to invalidate or prevent any agreement or other
1565+1511cooperative arrangement between a participating state and a nonparticipating state concerning
1566+1512wildlife law enforcement.
1567+1513 Section 34. Section 23A-2-507, which is renumbered from Section 23-25-8 is
1568+1514renumbered and amended to read:
1569+1515 [23-25-8]. 23A-2-507. Compact administrator procedures. H.B. 30 12-19-22 10:31 PM
14231570 - 50 -
1424-1374stand trial, or pay a fine, and is compelled to remain in custody until some alternative
1425-1375arrangement is made.
1426-1376 (k) The enforcement practices described in Subsection (1)(g) consume an undue
1427-1377amount of enforcement time.
1428-1378 (2) It is the policy of the participating states to:
1429-1379 (a) promote compliance with the statutes, laws, ordinances, regulations, and
1430-1380administrative rules relating to the management of wildlife resources in their respective states;
1431-1381 (b) recognize the suspension of wildlife license privileges of a person whose license
1432-1382privileges have been suspended by a participating state and treat the suspension as if it had
1433-1383occurred in their state;
1434-1384 (c) allow a violator, except as provided in Subsection [23-25-4] 23A-2-503(2), to
1435-1385accept a wildlife citation and, without delay, proceed on his way, whether or not the violator is
1436-1386a resident of the state in which the citation was issued, provided that the violator's home state is
1437-1387a party to this compact;
1438-1388 (d) report to the appropriate participating state, as provided in the compact manual, a
1439-1389conviction recorded against a person whose home state was not the issuing state;
1440-1390 (e) allow the home state to recognize and treat convictions recorded against its
1441-1391residents, which convictions occurred in a participating state, as though they had occurred in
1442-1392the home state;
1443-1393 (f) extend cooperation to its fullest extent among the participating states for enforcing
1444-1394compliance with the terms of a wildlife citation issued in one participating state to a resident of
1445-1395another state;
1446-1396 (g) maximize effective use of law enforcement personnel and information; and
1447-1397 (h) assist court systems in the efficient disposition of wildlife violations.
1448-1398 Section 29. Section 23A-2-502, which is renumbered from Section 23-25-3 is
1449-1399renumbered and amended to read:
1450-1400 [23-25-3]. 23A-2-502. Definitions.
1451-1401 As used in this compact: Enrolled Copy H.B. 30
1571+1516 (1) (a) A Board of Compact Administrators is established to:
1572+1517 (i) administer the provisions of this compact; and
1573+1518 (ii) serve as a governing body for the resolution of all matters relating to the operation
1574+1519of this compact.
1575+1520 (b) The board shall be composed of one representative from each of the participating
1576+1521states to be known as the compact administrator.
1577+1522 (c) The compact administrator shall be appointed by the head of the licensing authority
1578+1523of each participating state and shall serve and be subject to removal in accordance with the
1579+1524laws of the state he represents.
1580+1525 (d) A compact administrator may provide for the discharge of his duties and the
1581+1526performance of his function as a board member by an alternate.
1582+1527 (e) An alternate shall not be entitled to serve unless written notification of his identity
1583+1528has been given to the board.
1584+1529 (2) (a) Each member of the board of compact administrators shall be entitled to one
1585+1530vote.
1586+1531 (b) An action of the board shall not be binding unless taken at a meeting at which a
1587+1532majority of the total number of the board's votes are cast in favor thereof.
1588+1533 (c) Action by the board shall be only at a meeting at which a majority of the
1589+1534participating states are represented.
1590+1535 (3) The board shall elect annually from its membership a chairman and vice-chairman.
1591+1536 (4) The board shall adopt bylaws not inconsistent with the provisions of this compact
1592+1537or the laws of a participating state for the conduct of its business and shall have the power to
1593+1538amend and rescind its bylaws.
1594+1539 (5) The board may accept for any of its purposes and functions under this compact any
1595+1540and all donations and grants of money, equipment, supplies, materials, and services,
1596+1541conditional or otherwise, from any state, the United States, or any governmental agency, and
1597+1542may receive, utilize, and dispose of the donations and grants.
1598+1543 (6) The board may contract with, or accept services or personnel from, any
1599+1544governmental or intergovernmental agency, individual, firm, or corporation, or any private
1600+1545nonprofit organization or institution.
1601+1546 (7) The board shall formulate all necessary procedures and develop uniform forms and 12-19-22 10:31 PM H.B. 30
14521602 - 51 -
1453-1402 (1) "Citation" means a summons, complaint, summons and complaint, ticket, penalty
1454-1403assessment, or other official document issued to a person by a wildlife officer or other peace
1455-1404officer for a wildlife violation which contains an order requiring the person to respond.
1456-1405 (2) "Collateral" means cash or other security deposited to secure an appearance for trial
1457-1406in connection with the issuance by a wildlife officer or other peace officer of a citation for a
1458-1407wildlife violation.
1459-1408 (3) "Compliance" with respect to a citation means the act of answering a citation
1460-1409through an appearance in a court or tribunal, or through the payment of fines, costs, and
1461-1410surcharges.
1462-1411 (4) "Conviction" means a conviction, including any court conviction, for an offense
1463-1412related to the preservation, protection, management, or restoration of wildlife which is
1464-1413prohibited by state statute, law, regulation, ordinance, or administrative rule. This conviction
1465-1414shall also include the forfeiture of any bail, bond, or other security deposited to secure
1466-1415appearance by a person charged with having committed the offense, the payment of a penalty
1467-1416assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence
1468-1417by the court.
1469-1418 (5) "Court" means a court of law, including magistrate's court and the justice of the
1470-1419peace court.
1471-1420 (6) "Home state" means the state of primary residence of a person.
1472-1421 (7) "Issuing state" means the participating state which issues a wildlife citation to the
1473-1422violator.
1474-1423 (8) "License" means a license, permit, or other public document which conveys to the
1475-1424person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife
1476-1425regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
1477-1426 (9) "Licensing authority" means the department or division within each participating
1478-1427state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or
1479-1428possess wildlife.
1480-1429 (10) "Participating state" means any state which enacts legislation to become a member H.B. 30 Enrolled Copy
1603+1547documents for administering the provisions of this compact. All procedures and forms adopted
1604+1548to board action shall be contained in a compact manual.
1605+1549 Section 35. Section 23A-2-508, which is renumbered from Section 23-25-9 is
1606+1550renumbered and amended to read:
1607+1551 [23-25-9]. 23A-2-508. Entry into compact and withdrawal.
1608+1552 (1) This compact shall become effective at the time it is adopted in substantially
1609+1553similar form by two or more states.
1610+1554 (2) (a) Entry into the compact shall be made by resolution of ratification by the
1611+1555authorized officials of the applying state and submitted to the chairman of the board.
1612+1556 (b) The resolution shall substantially be in the form and content as provided in the
1613+1557compact manual and shall include the following:
1614+1558 (i) a citation of the authority from which the state is empowered to become a party to
1615+1559this compact;
1616+1560 (ii) an agreement of compliance with the terms and provisions of this compact; and
1617+1561 (iii) an agreement that compact entry is with all states participating in the compact and
1618+1562with all additional states legally becoming a party to the compact.
1619+1563 (c) The effective date of entry shall be specified by the applying state but shall not be
1620+1564less than 60 days after notice has been given:
1621+1565 (i) by the chairman of the board of the compact administrators; or
1622+1566 (ii) by the secretary of the board to each participating state that the resolution from the
1623+1567applying state has been received.
1624+1568 (3) A participating state may withdraw from participation in this compact by official
1625+1569written notice to each participating state, but withdrawal shall not become effective until 90
1626+1570days after the notice of withdrawal is given. No withdrawal of any state shall affect the validity
1627+1571of this compact as to the remaining participating states.
1628+1572 Section 36. Section 23A-2-509, which is renumbered from Section 23-25-10 is
1629+1573renumbered and amended to read:
1630+1574 [23-25-10]. 23A-2-509. Amendments to the compact.
1631+1575 (1) This compact may be amended from time to time. Amendments shall be presented
1632+1576in resolution form to the chairman of the Board of Compact Administrators and shall be
1633+1577initiated by one or more participating states. H.B. 30 12-19-22 10:31 PM
14811634 - 52 -
1482-1430of this wildlife compact.
1483-1431 (11) "Personal recognizance" means an agreement by a person made at the time of
1484-1432issuance of the wildlife citation that the person will comply with the terms of the citation.
1485-1433 (12) "State" means a state, territory, or possession of the United States, the District of
1486-1434Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and the other
1487-1435countries.
1488-1436 (13) "Suspension" means a revocation, denial, or withdrawal of any or all license
1489-1437privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by
1490-1438any license.
1491-1439 (14) "Wildlife" means species of animals including, but not limited to, mammals,
1492-1440birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and
1493-1441are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative
1494-1442rule in a participating state. Species included in the definition of "wildlife" vary from state to
1495-1443state and determination of whether a species is "wildlife" for the purpose of this compact shall
1496-1444be based on local law.
1497-1445 (15) "Wildlife law" means any statute, law, regulation, ordinance, or administrative
1498-1446rule developed and enacted for the management and use of wildlife resources.
1499-1447 (16) "Wildlife officer" means an individual authorized by a participating state to issue a
1500-1448citation for a wildlife violation.
1501-1449 (17) "Wildlife violation" means a cited violation of a statute, law, regulation,
1502-1450ordinance, or administrative rule developed and enacted for the management and use of
1503-1451wildlife resources.
1504-1452 Section 30. Section 23A-2-503, which is renumbered from Section 23-25-4 is
1505-1453renumbered and amended to read:
1506-1454 [23-25-4]. 23A-2-503. Procedures for issuing state.
1507-1455 (1) When issuing a citation for a wildlife violation, a wildlife officer shall issue a
1508-1456citation to a person whose primary residence is in a participating state in the same manner as
1509-1457though the person were a resident of the issuing state and shall not require the person to post Enrolled Copy H.B. 30
1635+1578 (2) Adoption of an amendment shall require endorsement by all participating states and
1636+1579shall become effective 30 days after the date of the last endorsement.
1637+1580 (3) Failure of a participating state to respond to the compact chairman within 120 days
1638+1581after receipt of a proposed amendment shall constitute endorsement thereof.
1639+1582 Section 37. Section 23A-2-510, which is renumbered from Section 23-25-11 is
1640+1583renumbered and amended to read:
1641+1584 [23-25-11]. 23A-2-510. Construction and severability.
1642+1585 (1) This compact shall be liberally construed so as to effectuate the purposes stated
1643+1586herein.
1644+1587 (2) The provisions of this compact shall be severable and if a phrase, clause, sentence,
1645+1588or provision of this compact is declared to be contrary to the constitution of a participating state
1646+1589or of the United States, or the applicability thereof to a government, agency, individual, or
1647+1590circumstance is held invalid, the validity of the remainder of this compact shall not be affected
1648+1591thereby.
1649+1592 (3) If this compact is held contrary to the constitution of a participating state, the
1650+1593compact shall remain in full force and effect as to the remaining states and in full force and
1651+1594effect as to the participating state affected regarding all severable matters.
1652+1595 Section 38. Section 23A-2-511, which is renumbered from Section 23-25-13 is
1653+1596renumbered and amended to read:
1654+1597 [23-25-13]. 23A-2-511. Licensing authority -- Administrator -- Expenses.
1655+1598 (1) The Division of Wildlife Resources is designated as the licensing authority in this
1656+1599state for the purpose of the compact.
1657+1600 (2) The director of the Division of Wildlife Resources shall furnish to the appropriate
1658+1601authorities of the participating states any information or documents reasonably necessary to
1659+1602facilitate the administration of the compact.
1660+1603 (3) The compact administrator provided for in Section [23-25-8] 23A-2-507, "Wildlife
1661+1604Violator Compact," shall not be entitled to any additional compensation for his service as the
1662+1605administrator but shall be entitled to expenses incurred in connection with his duties and
1663+1606responsibilities as administrator in the same manner as for expenses incurred in connection
1664+1607with any other duties or responsibilities of his office or employment.
1665+1608 Section 39. Section 23A-3-101 is enacted to read: 12-19-22 10:31 PM H.B. 30
15101666 - 53 -
1511-1458collateral to secure appearance, subject to the exceptions under Subsection (2), if the officer
1512-1459receives the recognizance of the person that he will comply with the terms of the citation.
1513-1460 (2) Personal recognizance is acceptable:
1514-1461 (a) if not prohibited by local law or the compact manual; and
1515-1462 (b) if the violator provides adequate proof of identification to the wildlife officer.
1516-1463 (3) (a) Upon conviction or failure of a person to comply with the terms of a wildlife
1517-1464citation, the appropriate official shall report the conviction or failure to comply to the licensing
1518-1465authority of the participating state in which the wildlife citation was issued.
1519-1466 (b) The report shall be made in accordance with procedures specified by the issuing
1520-1467state and shall contain information as specified in the compact manual as minimum
1521-1468requirements for effective processing by the home state.
1522-1469 (4) Upon receipt of the report of a conviction or noncompliance pursuant to Subsection
1523-1470(3)(b), the licensing authority of the issuing state shall transmit to the licensing authority of the
1524-1471home state of the violator the information in the form and with the content as prescribed in the
1525-1472compact manual.
1526-1473 Section 31. Section 23A-2-504, which is renumbered from Section 23-25-5 is
1527-1474renumbered and amended to read:
1528-1475 [23-25-5]. 23A-2-504. Procedure for home state.
1529-1476 (1) (a) Upon receipt of a report from the licensing authority of the issuing state
1530-1477reporting the failure of a violator to comply with the term of a citation, the licensing authority
1531-1478of the home state shall:
1532-1479 (i) notify the violator;
1533-1480 (ii) initiate a suspension action in accordance with the home state's suspension
1534-1481procedures; and
1535-1482 (iii) suspend the violator's license privileges until satisfactory evidence of compliance
1536-1483with the terms of the wildlife citation has been furnished by the issuing state to the home state
1537-1484licensing authority.
1538-1485 (b) Due process safeguards will be accorded. H.B. 30 Enrolled Copy
1667+1609 CHAPTER 3. FUNDS AND ACCOUNTS
1668+1610 Part 1. General Provisions
1669+1611 23A-3-101. Definitions.
1670+1612 Reserved.
1671+1613 Section 40. Section 23A-3-201, which is renumbered from Section 23-14-13 is
1672+1614renumbered and amended to read:
1673+1615 Part 2. Funds and Accounts in General
1674+1616 [23-14-13]. 23A-3-201. Wildlife Resources Account -- Unexpected fund
1675+1617balances converted to General Fund account.
1676+1618 (1) There is created a restricted account within the General Fund known as the
1677+1619"Wildlife Resources Account."
1678+1620 (2) The following money shall be deposited into the Wildlife Resources Account:
1679+1621 (a) revenue from the sale of licenses, permits, tags, and certificates of registration
1680+1622issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
1681+1623provided by this title;
1682+1624 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1683+1625property acquired with revenue specified in Subsection (2)(a);
1684+1626 (c) revenue from fines and forfeitures for violations of this title or [any] a rule,
1685+1627proclamation, or order of the Wildlife Board, minus court costs not to exceed the schedule
1686+1628adopted by the Judicial Council;
1687+1629 (d) [funds] money appropriated from the General Fund by the Legislature pursuant to
1688+1630Section [23-19-39] 23A-4-306;
1689+1631 (e) other money received by the division under [any provision of] this title, except as
1690+1632otherwise provided by this title; and
1691+1633 (f) interest, dividends, or other income earned on account money.
1692+1634 (3) Money in the Wildlife Resources Account shall be used for the administration of
1693+1635this title.
1694+1636 (4) The state auditor and director of the Division of Finance shall, at the close of the
1695+1637fiscal year, convert into the Wildlife Resources Account the unexpended balances of the
1696+1638Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife
1697+1639Board for capital outlay projects or other programs that may extend beyond the close of the H.B. 30 12-19-22 10:31 PM
15391698 - 54 -
1540-1486 (2) Upon receipt of a report of conviction from the licensing authority of the issuing
1541-1487state, the licensing authority of the home state shall enter the conviction as though it occurred
1542-1488in the home state for the purposes of the suspension of license privileges.
1543-1489 (3) The licensing authority of the home state shall:
1544-1490 (a) maintain a record of actions taken; and
1545-1491 (b) make reports to issuing states as provided in the compact manual.
1546-1492 Section 32. Section 23A-2-505, which is renumbered from Section 23-25-6 is
1547-1493renumbered and amended to read:
1548-1494 [23-25-6]. 23A-2-505. Reciprocal recognition of suspension.
1549-1495 (1) All participating states shall recognize the suspension of license privileges of a
1550-1496person by the participating state as though the violation resulting in the suspension:
1551-1497 (a) had occurred in their state; and
1552-1498 (b) could have been the basis of the suspension of license privileges in their state.
1553-1499 (2) Each participating state shall communicate suspension information to other
1554-1500participating states in the form and with the content as contained in the compact manual.
1555-1501 Section 33. Section 23A-2-506, which is renumbered from Section 23-25-7 is
1556-1502renumbered and amended to read:
1557-1503 [23-25-7]. 23A-2-506. Applicability of other laws.
1558-1504 Except as expressly required by provisions of this compact, nothing herein shall be
1559-1505construed to affect the right of any participating state to apply any of its laws relating to license
1560-1506privileges to a person or circumstance or to invalidate or prevent any agreement or other
1561-1507cooperative arrangement between a participating state and a nonparticipating state concerning
1562-1508wildlife law enforcement.
1563-1509 Section 34. Section 23A-2-507, which is renumbered from Section 23-25-8 is
1564-1510renumbered and amended to read:
1565-1511 [23-25-8]. 23A-2-507. Compact administrator procedures.
1566-1512 (1) (a) A Board of Compact Administrators is established to:
1567-1513 (i) administer the provisions of this compact; and Enrolled Copy H.B. 30
1699+1640fiscal year.
1700+1641 Section 41. Section 23A-3-202, which is renumbered from Section 23-14-14 is
1701+1642renumbered and amended to read:
1702+1643 [23-14-14]. 23A-3-202. Grants or gifts accepted by division -- Special account.
1703+1644 The [Division of Wildlife Resources is authorized to] division may accept grants or
1704+1645gifts of money, property, water rights or other endowments that [will] benefit the wildlife
1705+1646resources of the state. [Money] The division shall place money as received [shall be placed] in
1706+1647a special account to be used for specific use as indicated by the grantor.
1707+1648 Section 42. Section 23A-3-203, which is renumbered from Section 23-14-13.5 is
1708+1649renumbered and amended to read:
1709+1650 [23-14-13.5]. 23A-3-203. Support for State-Owned Shooting Ranges
1710+1651Restricted Account.
1711+1652 (1) There is created in the General Fund a restricted account known as the "Support for
1712+1653State-Owned Shooting Ranges Restricted Account."
1713+1654 (2) The account shall be funded by:
1714+1655 (a) contributions deposited into the [account] Support for State-Owned Shooting
1715+1656Ranges Restricted Account in accordance with Section 41-1a-422;
1716+1657 (b) private contributions; and
1717+1658 (c) donations or grants from public or private entities.
1718+1659 (3) Upon appropriation by the Legislature, the division shall distribute [funds] money
1719+1660in the [account] Support for State-Owned Shooting Ranges Restricted Account to facilitate
1720+1661construction of new firearm shooting ranges, and operation and maintenance of existing ranges,
1721+1662that are:
1722+1663 (a) built on land owned or leased by the state;
1723+1664 (b) owned by the division; and
1724+1665 (c) operated by the division or the division's contractors.
1725+1666 (4) The division shall only expend the [funds] Support for State-Owned Shooting
1726+1667Ranges Restricted Account to:
1727+1668 (a) construct, operate, and maintain firearm shooting ranges described in Subsection
1728+1669(3); and
1729+1670 (b) pay the costs of issuing or reordering Support the 2nd Amendment and 12-19-22 10:31 PM H.B. 30
15681730 - 55 -
1569-1514 (ii) serve as a governing body for the resolution of all matters relating to the operation
1570-1515of this compact.
1571-1516 (b) The board shall be composed of one representative from each of the participating
1572-1517states to be known as the compact administrator.
1573-1518 (c) The compact administrator shall be appointed by the head of the licensing authority
1574-1519of each participating state and shall serve and be subject to removal in accordance with the
1575-1520laws of the state he represents.
1576-1521 (d) A compact administrator may provide for the discharge of his duties and the
1577-1522performance of his function as a board member by an alternate.
1578-1523 (e) An alternate shall not be entitled to serve unless written notification of his identity
1579-1524has been given to the board.
1580-1525 (2) (a) Each member of the board of compact administrators shall be entitled to one
1581-1526vote.
1582-1527 (b) An action of the board shall not be binding unless taken at a meeting at which a
1583-1528majority of the total number of the board's votes are cast in favor thereof.
1584-1529 (c) Action by the board shall be only at a meeting at which a majority of the
1585-1530participating states are represented.
1586-1531 (3) The board shall elect annually from its membership a chairman and vice-chairman.
1587-1532 (4) The board shall adopt bylaws not inconsistent with the provisions of this compact
1588-1533or the laws of a participating state for the conduct of its business and shall have the power to
1589-1534amend and rescind its bylaws.
1590-1535 (5) The board may accept for any of its purposes and functions under this compact any
1591-1536and all donations and grants of money, equipment, supplies, materials, and services,
1592-1537conditional or otherwise, from any state, the United States, or any governmental agency, and
1593-1538may receive, utilize, and dispose of the donations and grants.
1594-1539 (6) The board may contract with, or accept services or personnel from, any
1595-1540governmental or intergovernmental agency, individual, firm, or corporation, or any private
1596-1541nonprofit organization or institution. H.B. 30 Enrolled Copy
1731+1671State-Owned Shooting Ranges support special group license plate decals.
1732+1672 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
1733+1673nonlapsing.
1734+1674 Section 43. Section 23A-3-204, which is renumbered from Section 23-14-14.2 is
1735+1675renumbered and amended to read:
1736+1676 [23-14-14.2]. 23A-3-204. Wildlife Resources Conservation Easement
1737+1677Restricted Account.
1738+1678 (1) There is created within the General Fund a restricted account known as the
1739+1679"Wildlife Resources Conservation Easement Account."
1740+1680 (2) The Wildlife Resources Conservation Easement Account consists of:
1741+1681 (a) grants from private foundations;
1742+1682 (b) grants from local governments, the state, or the federal government;
1743+1683 (c) grants from the Land Conservation Board created under Section 4-46-201;
1744+1684 (d) donations from landowners for monitoring and managing conservation easements;
1745+1685 (e) donations from any other person; and
1746+1686 (f) interest on account money.
1747+1687 (3) Upon appropriation by the Legislature, the [Division of Wildlife Resources]
1748+1688division shall use money from the [account] Wildlife Resources Conservation Easement
1749+1689Account to monitor and manage conservation easements held by the division.
1750+1690 (4) The division may not receive or expend donations from the [account] Wildlife
1751+1691Resources Conservation Easement Account to acquire conservation easements.
1752+1692 Section 44. Section 23A-3-205, which is renumbered from Section 23-13-20 is
1753+1693renumbered and amended to read:
1754+1694 [23-13-20]. 23A-3-205. Wildlife Conservation Fund.
1755+1695 (1) As used in this section:
1756+1696 (a) "Fund" means the Wildlife Conservation Fund created by this section.
1757+1697 (b) "Wildlife conservation permit program" means a program under which the division
1758+1698issues permit opportunities to be sold by a conservation organization for auction to the highest
1759+1699bidder at a fund-raising event.
1760+1700 (c) "Wildlife exposition program" means a program under which the division allocates
1761+1701permits to a drawing administered by a selected conservation organization as part of a regional H.B. 30 12-19-22 10:31 PM
15971762 - 56 -
1598-1542 (7) The board shall formulate all necessary procedures and develop uniform forms and
1599-1543documents for administering the provisions of this compact. All procedures and forms adopted
1600-1544to board action shall be contained in a compact manual.
1601-1545 Section 35. Section 23A-2-508, which is renumbered from Section 23-25-9 is
1602-1546renumbered and amended to read:
1603-1547 [23-25-9]. 23A-2-508. Entry into compact and withdrawal.
1604-1548 (1) This compact shall become effective at the time it is adopted in substantially
1605-1549similar form by two or more states.
1606-1550 (2) (a) Entry into the compact shall be made by resolution of ratification by the
1607-1551authorized officials of the applying state and submitted to the chairman of the board.
1608-1552 (b) The resolution shall substantially be in the form and content as provided in the
1609-1553compact manual and shall include the following:
1610-1554 (i) a citation of the authority from which the state is empowered to become a party to
1611-1555this compact;
1612-1556 (ii) an agreement of compliance with the terms and provisions of this compact; and
1613-1557 (iii) an agreement that compact entry is with all states participating in the compact and
1614-1558with all additional states legally becoming a party to the compact.
1615-1559 (c) The effective date of entry shall be specified by the applying state but shall not be
1616-1560less than 60 days after notice has been given:
1617-1561 (i) by the chairman of the board of the compact administrators; or
1618-1562 (ii) by the secretary of the board to each participating state that the resolution from the
1619-1563applying state has been received.
1620-1564 (3) A participating state may withdraw from participation in this compact by official
1621-1565written notice to each participating state, but withdrawal shall not become effective until 90
1622-1566days after the notice of withdrawal is given. No withdrawal of any state shall affect the validity
1623-1567of this compact as to the remaining participating states.
1624-1568 Section 36. Section 23A-2-509, which is renumbered from Section 23-25-10 is
1625-1569renumbered and amended to read: Enrolled Copy H.B. 30
1763+1702or national exposition for the purpose of generating revenue to fund wildlife conservation
1764+1703activities in Utah.
1765+1704 (2) There is created an expendable special revenue fund known as the "Wildlife
1766+1705Conservation Fund."
1767+1706 (3) The fund consists of:
1768+1707 (a) wildlife conservation permit program revenue transferred to the division pursuant to
1769+1708rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
1770+1709Administrative Rulemaking Act;
1771+1710 (b) wildlife exposition program revenue transferred to the division pursuant to rules,
1772+1711made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative
1773+1712Rulemaking Act;
1774+1713 (c) money appropriated to the fund by the Legislature;
1775+1714 (d) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted
1776+1715by the division and specifically directed to the fund; and
1777+1716 (e) interest and earnings on the fund.
1778+1717 (4) (a) The fund shall earn interest and other earnings.
1779+1718 (b) The interest and earnings described in Subsection (4)(a) shall be deposited into the
1780+1719fund.
1781+1720 (5) (a) The division shall use proceeds in the fund to carry out the purposes of the
1782+1721wildlife conservation permit program or wildlife exposition program.
1783+1722 (b) Deposits into and expenditures from the fund shall specifically identify the wildlife
1784+1723conservation permit program or wildlife exposition program to which the deposits and
1785+1724expenditures apply.
1786+1725 (c) The division shall make expenditures from the fund consistent with the rules
1787+1726governing the applicable program.
1788+1727 (6) The division shall annually report to the Natural Resources, Agriculture, and
1789+1728Environmental Quality Appropriations Subcommittee regarding:
1790+1729 (a) the amount of money in the fund [from];
1791+1730 (b) the sources of money [for] in the fund; and
1792+1731 (c) how the money is expended.
1793+1732 Section 45. Section 23A-3-206, which is renumbered from Section 23-14-14.3 is 12-19-22 10:31 PM H.B. 30
16261794 - 57 -
1627-1570 [23-25-10]. 23A-2-509. Amendments to the compact.
1628-1571 (1) This compact may be amended from time to time. Amendments shall be presented
1629-1572in resolution form to the chairman of the Board of Compact Administrators and shall be
1630-1573initiated by one or more participating states.
1631-1574 (2) Adoption of an amendment shall require endorsement by all participating states and
1632-1575shall become effective 30 days after the date of the last endorsement.
1633-1576 (3) Failure of a participating state to respond to the compact chairman within 120 days
1634-1577after receipt of a proposed amendment shall constitute endorsement thereof.
1635-1578 Section 37. Section 23A-2-510, which is renumbered from Section 23-25-11 is
1636-1579renumbered and amended to read:
1637-1580 [23-25-11]. 23A-2-510. Construction and severability.
1638-1581 (1) This compact shall be liberally construed so as to effectuate the purposes stated
1639-1582herein.
1640-1583 (2) The provisions of this compact shall be severable and if a phrase, clause, sentence,
1641-1584or provision of this compact is declared to be contrary to the constitution of a participating state
1642-1585or of the United States, or the applicability thereof to a government, agency, individual, or
1643-1586circumstance is held invalid, the validity of the remainder of this compact shall not be affected
1644-1587thereby.
1645-1588 (3) If this compact is held contrary to the constitution of a participating state, the
1646-1589compact shall remain in full force and effect as to the remaining states and in full force and
1647-1590effect as to the participating state affected regarding all severable matters.
1648-1591 Section 38. Section 23A-2-511, which is renumbered from Section 23-25-13 is
1649-1592renumbered and amended to read:
1650-1593 [23-25-13]. 23A-2-511. Licensing authority -- Administrator -- Expenses.
1651-1594 (1) The Division of Wildlife Resources is designated as the licensing authority in this
1652-1595state for the purpose of the compact.
1653-1596 (2) The director of the Division of Wildlife Resources shall furnish to the appropriate
1654-1597authorities of the participating states any information or documents reasonably necessary to H.B. 30 Enrolled Copy
1795+1733renumbered and amended to read:
1796+1734 [23-14-14.3]. 23A-3-206. Donations related to donation of wild game meat
1797+1735-- Wild Game Meat Donation Fund.
1798+1736 (1) As used in this section:
1799+1737 [(a) "Division" means the Division of Wildlife Resources.]
1800+1738 [(b)] (a) "Fund" means the expendable special revenue fund created in this section.
1801+1739 [(c)] (b) "Nonprofit charitable organization" means the same as that term is defined in
1802+1740Section 4-34-102.
1803+1741 [(d)] (c) "Wild game" means the same as that term is defined in Section 4-32-105.
1804+1742 (2) There is created an expendable special revenue fund known as the "Wild Game
1805+1743Meat Donation Fund."
1806+1744 (3) The fund consists of:
1807+1745 (a) donations made to the division for the purpose of addressing the processing of wild
1808+1746game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1809+1747organization to feed individuals in need;
1810+1748 (b) appropriations from the Legislature; and
1811+1749 (c) interest and earnings on the fund.
1812+1750 (4) The state treasurer shall invest the money in the fund according to Title 51, Chapter
1813+17517, State Money Management Act, except that the state treasurer shall deposit in the fund
1814+1752interest or other earnings derived from those investments [shall be deposited into the fund].
1815+1753 (5) The division may use money in the fund only to address the processing of wild
1816+1754game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1817+1755organization to feed individuals in need.
1818+1756 (6) The division shall coordinate with the Department of Agriculture and Food to
1819+1757implement this section.
1820+1758 Section 46. Section 23A-3-207, which is renumbered from Section 23-19-43 is
1821+1759renumbered and amended to read:
1822+1760 [23-19-43]. 23A-3-207. Wildlife Habitat Account.
1823+1761 (1) There is created a restricted account within the General Fund known as the
1824+1762"Wildlife Habitat Account."
1825+1763 (2) The contents of the [account] Wildlife Habitat Account shall consist of: H.B. 30 12-19-22 10:31 PM
16551826 - 58 -
1656-1598facilitate the administration of the compact.
1657-1599 (3) The compact administrator provided for in Section [23-25-8] 23A-2-507, "Wildlife
1658-1600Violator Compact," shall not be entitled to any additional compensation for his service as the
1659-1601administrator but shall be entitled to expenses incurred in connection with his duties and
1660-1602responsibilities as administrator in the same manner as for expenses incurred in connection
1661-1603with any other duties or responsibilities of his office or employment.
1662-1604 Section 39. Section 23A-3-101 is enacted to read:
1663-1605 CHAPTER 3. FUNDS AND ACCOUNTS
1664-1606 Part 1. General Provisions
1665-1607 23A-3-101. Definitions.
1666-1608 Reserved.
1667-1609 Section 40. Section 23A-3-201, which is renumbered from Section 23-14-13 is
1668-1610renumbered and amended to read:
1669-1611 Part 2. Funds and Accounts in General
1670-1612 [23-14-13]. 23A-3-201. Wildlife Resources Account -- Unexpected fund
1671-1613balances converted to General Fund account.
1672-1614 (1) There is created a restricted account within the General Fund known as the
1673-1615"Wildlife Resources Account."
1674-1616 (2) The following money shall be deposited into the Wildlife Resources Account:
1675-1617 (a) revenue from the sale of licenses, permits, tags, and certificates of registration
1676-1618issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
1677-1619provided by this title;
1678-1620 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1679-1621property acquired with revenue specified in Subsection (2)(a);
1680-1622 (c) revenue from fines and forfeitures for violations of this title or [any] a rule,
1681-1623proclamation, or order of the Wildlife Board, minus court costs not to exceed the schedule
1682-1624adopted by the Judicial Council;
1683-1625 (d) [funds] money appropriated from the General Fund by the Legislature pursuant to Enrolled Copy H.B. 30
1827+1764 (a) revenue from the sale of licenses, permits, [stamps,] and certificates of registration[,
1828+1765and Wildlife Heritage certificates] as provided in Section [23-19-47] 23A-3-208;
1829+1766 (b) money donated to the division for a purpose specified in Subsection (6); and
1830+1767 (c) interest and earnings on account money.
1831+1768 (3) [Revenue] The division shall use the revenue from the sale of licenses, permits,
1832+1769[stamps,] and certificates of registration[, and Wildlife Heritage certificates] that is deposited to
1833+1770the account pursuant to Section [23-19-47 shall be used by the division] 23A-3-208, after
1834+1771appropriation by the Legislature, as provided in Subsections (4) through (6).
1835+1772 (4) (a) [Each] The division shall allocate in a fiscal year up to $70,000 or 4% of the
1836+1773annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1837+1774be allocated] for the development, restoration, and preservation of wetlands that are beneficial
1838+1775to waterfowl.
1839+1776 (b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the
1840+1777Legislature for use by a nonprofit conservation organization for wetland development projects
1841+1778within the state that benefit waterfowl.
1842+1779 (5) (a) [Each] The division shall allocate in a fiscal year up to $230,000 or 12% of the
1843+1780annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1844+1781be allocated] to upland game projects as follows:
1845+1782 (i) the control of predators;
1846+1783 (ii) the development, improvement, restoration, or maintenance of critical habitat
1847+1784through the establishment of landowner incentives, cooperative programs, or other means;
1848+1785 (iii) the acquisition or preservation of critical habitat;
1849+1786 (iv) landowner habitat education and assistance programs;
1850+1787 (v) public access to private lands; and
1851+1788 (vi) upland game transplant and reintroduction programs.
1852+1789 [(b) As used in this section "upland game" means pheasant, quail, chukar, partridge,
1853+1790sage grouse, sharp-tailed grouse, Hungarian partridge, ruffed grouse, blue grouse, ptarmigan,
1854+1791mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.]
1855+1792 [(c)] (b) Money allocated to upland game may not be used for the acquisition,
1856+1793development, improvement, restoration, or maintenance of habitat within commercial hunting
1857+1794areas. 12-19-22 10:31 PM H.B. 30
16841858 - 59 -
1685-1626Section [23-19-39] 23A-4-306;
1686-1627 (e) other money received by the division under [any provision of] this title, except as
1687-1628otherwise provided by this title; and
1688-1629 (f) interest, dividends, or other income earned on account money.
1689-1630 (3) Money in the Wildlife Resources Account shall be used for the administration of
1690-1631this title.
1691-1632 (4) The state auditor and director of the Division of Finance shall, at the close of the
1692-1633fiscal year, convert into the Wildlife Resources Account the unexpended balances of the
1693-1634Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife
1694-1635Board for capital outlay projects or other programs that may extend beyond the close of the
1695-1636fiscal year.
1696-1637 Section 41. Section 23A-3-202, which is renumbered from Section 23-14-14 is
1697-1638renumbered and amended to read:
1698-1639 [23-14-14]. 23A-3-202. Grants or gifts accepted by division -- Special account.
1699-1640 The [Division of Wildlife Resources is authorized to] division may accept grants or
1700-1641gifts of money, property, water rights or other endowments that [will] benefit the wildlife
1701-1642resources of the state. [Money] The division shall place money as received [shall be placed] in
1702-1643a special account to be used for specific use as indicated by the grantor.
1703-1644 Section 42. Section 23A-3-203, which is renumbered from Section 23-14-13.5 is
1704-1645renumbered and amended to read:
1705-1646 [23-14-13.5]. 23A-3-203. Support for State-Owned Shooting Ranges
1706-1647Restricted Account.
1707-1648 (1) There is created in the General Fund a restricted account known as the "Support for
1708-1649State-Owned Shooting Ranges Restricted Account."
1709-1650 (2) The account shall be funded by:
1710-1651 (a) contributions deposited into the [account] Support for State-Owned Shooting
1711-1652Ranges Restricted Account in accordance with Section 41-1a-422;
1712-1653 (b) private contributions; and H.B. 30 Enrolled Copy
1859+1795 [(d)] (c) No more than 5% of the money allocated to upland game may be used for
1860+1796landowner habitat education programs.
1861+1797 [(e)] (d) The division shall use money allocated to upland game [shall be used] for
1862+1798programs and activities relating to upland game species based generally upon the proportion of
1863+1799average annual hunter participation for each species.
1864+1800 [(f)] (e) Projects for which free public access is assured shall receive first priority for
1865+1801funding from money allocated to upland game.
1866+1802 [(g)] (f) Projects for which public access is assured shall receive second priority for
1867+1803funding from money allocated to upland game.
1868+1804 (6) The division shall use remaining money in the [account shall be used] Wildlife
1869+1805Habitat Account for the following purposes:
1870+1806 (a) the enhancement, acquisition, preservation, protection, and management of aquatic
1871+1807and terrestrial wildlife habitat; and
1872+1808 (b) to improve access for fishing and hunting.
1873+1809 (7) The division shall seek the advice and recommendations of the Habitat Council,
1874+1810created by the division, regarding the expenditure of account money.
1875+1811 (8) Donations of money deposited into the [account] Wildlife Habitat Account and
1876+1812interest earned on that money shall be expended:
1877+1813 (a) as directed by the donor; and
1878+1814 (b) without being appropriated by the Legislature.
1879+1815 Section 47. Section 23A-3-208, which is renumbered from Section 23-19-47 is
1880+1816renumbered and amended to read:
1881+1817 [23-19-47]. 23A-3-208. Portion of revenue from license, permit, and certificate
1882+1818of registration fees deposited into Wildlife Habitat Account.
1883+1819 (1) Fifty cents of the fee charged for [any of the following licenses or stamps] a
1884+1820one-day fishing license shall be deposited in the Wildlife Habitat Account created in Section
1885+1821[23-19-43:] 23A-3-207.
1886+1822 [(a) a one-day fishing license; or]
1887+1823 [(b) a one-day fishing stamp.]
1888+1824 (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
1889+1825permits shall be deposited in the Wildlife Habitat Account created in Section [23-19-43] H.B. 30 12-19-22 10:31 PM
17131890 - 60 -
1714-1654 (c) donations or grants from public or private entities.
1715-1655 (3) Upon appropriation by the Legislature, the division shall distribute [funds] money
1716-1656in the [account] Support for State-Owned Shooting Ranges Restricted Account to facilitate
1717-1657construction of new firearm shooting ranges, and operation and maintenance of existing ranges,
1718-1658that are:
1719-1659 (a) built on land owned or leased by the state;
1720-1660 (b) owned by the division; and
1721-1661 (c) operated by the division or the division's contractors.
1722-1662 (4) The division shall only expend the [funds] Support for State-Owned Shooting
1723-1663Ranges Restricted Account to:
1724-1664 (a) construct, operate, and maintain firearm shooting ranges described in Subsection
1725-1665(3); and
1726-1666 (b) pay the costs of issuing or reordering Support the 2nd Amendment and
1727-1667State-Owned Shooting Ranges support special group license plate decals.
1728-1668 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
1729-1669nonlapsing.
1730-1670 Section 43. Section 23A-3-204, which is renumbered from Section 23-14-14.2 is
1731-1671renumbered and amended to read:
1732-1672 [23-14-14.2]. 23A-3-204. Wildlife Resources Conservation Easement
1733-1673Restricted Account.
1734-1674 (1) There is created within the General Fund a restricted account known as the
1735-1675"Wildlife Resources Conservation Easement Account."
1736-1676 (2) The Wildlife Resources Conservation Easement Account consists of:
1737-1677 (a) grants from private foundations;
1738-1678 (b) grants from local governments, the state, or the federal government;
1739-1679 (c) grants from the Land Conservation Board created under Section 4-46-201;
1740-1680 (d) donations from landowners for monitoring and managing conservation easements;
1741-1681 (e) donations from any other person; and Enrolled Copy H.B. 30
1891+182623A-3-207:
1892+1827 (a) a fishing license, except any one-day fishing license;
1893+1828 (b) a hunting license;
1894+1829 (c) a combination license;
1895+1830 (d) a furbearer license; or
1896+1831 (e) a fishing permit[, except any fish stamp].
1897+1832 (3) Four dollars and seventy-five cents of the fee charged for any of the following
1898+1833certificates of registration[, permits, or Wildlife Heritage certificates] or permits shall be
1899+1834deposited in the Wildlife Habitat Account created in Section [23-19-43] 23A-3-207:
1900+1835 (a) a certificate of registration for the dedicated hunter program, except a certificate of
1901+1836registration issued to a lifetime licensee;
1902+1837 (b) a big game permit;
1903+1838 (c) a bear permit;
1904+1839 (d) a cougar permit;
1905+1840 (e) a turkey permit; or
1906+1841 (f) a muskrat permit[; or]
1907+1842 [(g) a Wildlife Heritage certificate].
1908+1843 Section 48. Section 23A-3-209, which is renumbered from Section 23-19-48 is
1909+1844renumbered and amended to read:
1910+1845 [23-19-48]. 23A-3-209. Predator Control Restricted Account.
1911+1846 (1) There is created a restricted account within the General Fund known as the
1912+1847"Predator Control Restricted Account."
1913+1848 (2) The [restricted account] Predator Control Restricted Account includes:
1914+1849 (a) deposits made to the [restricted account] Predator Control Restricted Account from
1915+1850fees established on hunting permits in accordance with Section [23-19-22] 23A-4-703; and
1916+1851 (b) [any other amount] other amounts deposited in the [restricted account] Predator
1917+1852Control Restricted Account from donations or appropriations.
1918+1853 (3) [Money from the restricted account shall be used by the] The division shall use
1919+1854money from the Predator Control Restricted Account to fund a predator control program to
1920+1855control populations of predatory animals that endanger the health of nonpredatory wildlife
1921+1856populations in the state, consistent with the policies of the Wildlife Board. 12-19-22 10:31 PM H.B. 30
17421922 - 61 -
1743-1682 (f) interest on account money.
1744-1683 (3) Upon appropriation by the Legislature, the [Division of Wildlife Resources]
1745-1684division shall use money from the [account] Wildlife Resources Conservation Easement
1746-1685Account to monitor and manage conservation easements held by the division.
1747-1686 (4) The division may not receive or expend donations from the [account] Wildlife
1748-1687Resources Conservation Easement Account to acquire conservation easements.
1749-1688 Section 44. Section 23A-3-205, which is renumbered from Section 23-13-20 is
1750-1689renumbered and amended to read:
1751-1690 [23-13-20]. 23A-3-205. Wildlife Conservation Fund.
1752-1691 (1) As used in this section:
1753-1692 (a) "Fund" means the Wildlife Conservation Fund created by this section.
1754-1693 (b) "Wildlife conservation permit program" means a program under which the division
1755-1694issues permit opportunities to be sold by a conservation organization for auction to the highest
1756-1695bidder at a fund-raising event.
1757-1696 (c) "Wildlife exposition program" means a program under which the division allocates
1758-1697permits to a drawing administered by a selected conservation organization as part of a regional
1759-1698or national exposition for the purpose of generating revenue to fund wildlife conservation
1760-1699activities in Utah.
1761-1700 (2) There is created an expendable special revenue fund known as the "Wildlife
1762-1701Conservation Fund."
1763-1702 (3) The fund consists of:
1764-1703 (a) wildlife conservation permit program revenue transferred to the division pursuant to
1765-1704rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
1766-1705Administrative Rulemaking Act;
1767-1706 (b) wildlife exposition program revenue transferred to the division pursuant to rules,
1768-1707made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative
1769-1708Rulemaking Act;
1770-1709 (c) money appropriated to the fund by the Legislature; H.B. 30 Enrolled Copy
1923+1857 Section 49. Section 23A-3-210, which is renumbered from Section 23-15-14 is
1924+1858renumbered and amended to read:
1925+1859 [23-15-14]. 23A-3-210. State Fish Hatchery Maintenance Account.
1926+1860 (1) There is created a restricted account within the General Fund known as the "State
1927+1861Fish Hatchery Maintenance Account."
1928+1862 (2) The following money shall be deposited into the [account] State Fish Hatchery
1929+1863Maintenance Account:
1930+1864 (a) $2.00 of [each] a fishing license fee or combination license fee; and
1931+1865 (b) interest and earnings on account money.
1932+1866 (3) [Money in the account shall be used by the] The division, after appropriation by the
1933+1867Legislature, shall use money in the State Fish Hatchery Maintenance Account for major repairs
1934+1868or replacement of facilities and equipment at fish hatcheries owned and operated by the
1935+1869division for the production and distribution of fish to enhance sport fishing opportunities in the
1936+1870state.
1937+1871 Section 50. Section 23A-3-211, which is renumbered from Section 23-27-305 is
1938+1872renumbered and amended to read:
1939+1873 [23-27-305]. 23A-3-211. Aquatic Invasive Species Interdiction Account.
1940+1874 (1) There is created within the General Fund a restricted account known as the
1941+1875"Aquatic Invasive Species Interdiction Account."
1942+1876 (2) The [restricted account] Aquatic Invasive Species Interdiction Account shall consist
1943+1877of:
1944+1878 (a) nonresident aquatic invasive species fees collected under Section [23-27-304]
1945+187923A-10-304;
1946+1880 (b) resident aquatic invasive species fees collected under Section 73-18-26; and
1947+1881 (c) [any other amount] other amounts deposited in the [restricted account] Aquatic
1948+1882Invasive Species Interdiction Account from donations, appropriations, contractual agreements,
1949+1883and accrued interest.
1950+1884 (3) Upon appropriation, the division shall use the fees collected under [Sections
1951+188523-27-305] this section and Section 73-18-26 and deposited in the Aquatic Invasive Species
1952+1886Account to fund aquatic invasive species prevention and containment efforts.
1953+1887 Section 51. Section 23A-3-212, which is renumbered from Section 23-30-103 is H.B. 30 12-19-22 10:31 PM
17711954 - 62 -
1772-1710 (d) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted
1773-1711by the division and specifically directed to the fund; and
1774-1712 (e) interest and earnings on the fund.
1775-1713 (4) (a) The fund shall earn interest and other earnings.
1776-1714 (b) The interest and earnings described in Subsection (4)(a) shall be deposited into the
1777-1715fund.
1778-1716 (5) (a) The division shall use proceeds in the fund to carry out the purposes of the
1779-1717wildlife conservation permit program or wildlife exposition program.
1780-1718 (b) Deposits into and expenditures from the fund shall specifically identify the wildlife
1781-1719conservation permit program or wildlife exposition program to which the deposits and
1782-1720expenditures apply.
1783-1721 (c) The division shall make expenditures from the fund consistent with the rules
1784-1722governing the applicable program.
1785-1723 (6) The division shall annually report to the Natural Resources, Agriculture, and
1786-1724Environmental Quality Appropriations Subcommittee regarding:
1787-1725 (a) the amount of money in the fund [from];
1788-1726 (b) the sources of money [for] in the fund; and
1789-1727 (c) how the money is expended.
1790-1728 Section 45. Section 23A-3-206, which is renumbered from Section 23-14-14.3 is
1791-1729renumbered and amended to read:
1792-1730 [23-14-14.3]. 23A-3-206. Donations related to donation of wild game meat
1793-1731-- Wild Game Meat Donation Fund.
1794-1732 (1) As used in this section:
1795-1733 [(a) "Division" means the Division of Wildlife Resources.]
1796-1734 [(b)] (a) "Fund" means the expendable special revenue fund created in this section.
1797-1735 [(c)] (b) "Nonprofit charitable organization" means the same as that term is defined in
1798-1736Section 4-34-102.
1799-1737 [(d)] (c) "Wild game" means the same as that term is defined in Section 4-32-105. Enrolled Copy H.B. 30
1955+1888renumbered and amended to read:
1956+1889 [23-30-103]. 23A-3-212. Mule Deer Protection Account.
1957+1890 (1) There is created a restricted account within the General Fund known as the "Mule
1958+1891Deer Protection Restricted Account."
1959+1892 (a) The [restricted account] Mule Deer Protection Restricted Account shall consist of:
1960+1893 (i) appropriations made by the Legislature; and
1961+1894 (ii) grants or donations from:
1962+1895 (A) the federal government;
1963+1896 (B) a state agency;
1964+1897 (C) a local government; or
1965+1898 (D) a person.
1966+1899 (b) The division shall administer the [restricted account] Mule Deer Protection
1967+1900Restricted Account.
1968+1901 (2) Subject to appropriation, the division may expend money in the [restricted account]
1969+1902Mule Deer Protection Restricted Account on:
1970+1903 (a) a program established by rule under Subsection [23-30-104] 23A-11-402(1);
1971+1904 (b) a contract for targeted predator control described in Subsection [23-30-104]
1972+190523A-11-402(3)(a);
1973+1906 (c) predator control education and training related to mule deer protection described in
1974+1907Subsection [23-30-104] 23A-11-402(3)(b); and
1975+1908 (d) administration costs incurred to carry out [the requirements of this chapter] Chapter
1976+190911, Part 4, Mule Deer Protection.
1977+1910 Section 52. Section 23A-3-213, which is renumbered from Section 23-19-17.7 is
1978+1911renumbered and amended to read:
1979+1912 [23-19-17.7]. 23A-3-213. Wildlife Resources Trust Account.
1980+1913 (1) There is created within the General Fund a restricted account to be known as the
1981+1914"Wildlife Resources Trust Account[. All fees]." Fees received from the sale of lifetime licenses
1982+1915shall be deposited in that account.
1983+1916 (2) [All interest] Interest earned by investments of the funds in the Wildlife Resources
1984+1917Trust Account shall, on July 1 of each year, be deposited in the Wildlife Resources Account
1985+1918created in Section [23-14-13] 23A-3-201. 12-19-22 10:31 PM H.B. 30
18001986 - 63 -
1801-1738 (2) There is created an expendable special revenue fund known as the "Wild Game
1802-1739Meat Donation Fund."
1803-1740 (3) The fund consists of:
1804-1741 (a) donations made to the division for the purpose of addressing the processing of wild
1805-1742game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1806-1743organization to feed individuals in need;
1807-1744 (b) appropriations from the Legislature; and
1808-1745 (c) interest and earnings on the fund.
1809-1746 (4) The state treasurer shall invest the money in the fund according to Title 51, Chapter
1810-17477, State Money Management Act, except that the state treasurer shall deposit in the fund
1811-1748interest or other earnings derived from those investments [shall be deposited into the fund].
1812-1749 (5) The division may use money in the fund only to address the processing of wild
1813-1750game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1814-1751organization to feed individuals in need.
1815-1752 (6) The division shall coordinate with the Department of Agriculture and Food to
1816-1753implement this section.
1817-1754 Section 46. Section 23A-3-207, which is renumbered from Section 23-19-43 is
1818-1755renumbered and amended to read:
1819-1756 [23-19-43]. 23A-3-207. Wildlife Habitat Account.
1820-1757 (1) There is created a restricted account within the General Fund known as the
1821-1758"Wildlife Habitat Account."
1822-1759 (2) The contents of the [account] Wildlife Habitat Account shall consist of:
1823-1760 (a) revenue from the sale of licenses, permits, [stamps,] and certificates of registration[,
1824-1761and Wildlife Heritage certificates] as provided in Section [23-19-47] 23A-3-208;
1825-1762 (b) money donated to the division for a purpose specified in Subsection (6); and
1826-1763 (c) interest and earnings on account money.
1827-1764 (3) [Revenue] The division shall use the revenue from the sale of licenses, permits,
1828-1765[stamps,] and certificates of registration[, and Wildlife Heritage certificates] that is deposited to H.B. 30 Enrolled Copy
1987+1919 (3) Money in the Wildlife Resources Trust Account is subject to the restriction in
1988+1920Section [23-22-2] 23A-2-402 that no money paid to the state for hunting and fishing license
1989+1921fees shall be diverted for any other purpose than the enhancement of wildlife by the [Division
1990+1922of Wildlife Resources] division.
1991+1923 Section 53. Section 23A-3-301, which is renumbered from Section 23-31-102 is
1992+1924renumbered and amended to read:
1993+1925 Part 3. Utah Natural Resources Legacy Fund
1994+1926 [23-31-102]. 23A-3-301. Definitions.
1995+1927 As used in this [chapter] part:
1996+1928 (1) "Board" means the Utah Natural Resources Legacy Fund Board created in Section
1997+1929[23-31-202] 23A-3-305.
1998+1930 [(2) "Department" means the Department of Natural Resources.]
1999+1931 [(3)] (2) "Legacy fund" means the Utah Natural Resources Legacy Fund created in
2000+1932Section [23-31-201] 23A-3-304.
2001+1933 Section 54. Section 23A-3-302, which is renumbered from Section 23-31-103 is
2002+1934renumbered and amended to read:
2003+1935 [23-31-103]. 23A-3-302. Application to mineral estates.
2004+1936 This [chapter] part does not change law regarding:
2005+1937 (1) the primacy of a mineral estate;
2006+1938 (2) limiting access to a mineral estate; or
2007+1939 (3) limiting development of a mineral estate.
2008+1940 Section 55. Section 23A-3-303, which is renumbered from Section 23-31-104 is
2009+1941renumbered and amended to read:
2010+1942 [23-31-104]. 23A-3-303. Reporting.
2011+1943 The division shall annually report to the governor and the Natural Resources,
2012+1944Agriculture, and Environment Interim Committee on or before September 1 with respect to:
2013+1945 (1) federal grants, state appropriations, and other contributions, grants, gifts, transfers,
2014+1946bequests, and donations received and credited to the legacy fund during the preceding fiscal
2015+1947year; and
2016+1948 (2) expenditures from the legacy fund under Section [23-31-203] 23A-3-306.
2017+1949 Section 56. Section 23A-3-304, which is renumbered from Section 23-31-201 is H.B. 30 12-19-22 10:31 PM
18292018 - 64 -
1830-1766the account pursuant to Section [23-19-47 shall be used by the division] 23A-3-208, after
1831-1767appropriation by the Legislature, as provided in Subsections (4) through (6).
1832-1768 (4) (a) [Each] The division shall allocate in a fiscal year up to $70,000 or 4% of the
1833-1769annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1834-1770be allocated] for the development, restoration, and preservation of wetlands that are beneficial
1835-1771to waterfowl.
1836-1772 (b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the
1837-1773Legislature for use by a nonprofit conservation organization for wetland development projects
1838-1774within the state that benefit waterfowl.
1839-1775 (5) (a) [Each] The division shall allocate in a fiscal year up to $230,000 or 12% of the
1840-1776annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1841-1777be allocated] to upland game projects as follows:
1842-1778 (i) the control of predators;
1843-1779 (ii) the development, improvement, restoration, or maintenance of critical habitat
1844-1780through the establishment of landowner incentives, cooperative programs, or other means;
1845-1781 (iii) the acquisition or preservation of critical habitat;
1846-1782 (iv) landowner habitat education and assistance programs;
1847-1783 (v) public access to private lands; and
1848-1784 (vi) upland game transplant and reintroduction programs.
1849-1785 [(b) As used in this section "upland game" means pheasant, quail, chukar, partridge,
1850-1786sage grouse, sharp-tailed grouse, Hungarian partridge, ruffed grouse, blue grouse, ptarmigan,
1851-1787mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.]
1852-1788 [(c)] (b) Money allocated to upland game may not be used for the acquisition,
1853-1789development, improvement, restoration, or maintenance of habitat within commercial hunting
1854-1790areas.
1855-1791 [(d)] (c) No more than 5% of the money allocated to upland game may be used for
1856-1792landowner habitat education programs.
1857-1793 [(e)] (d) The division shall use money allocated to upland game [shall be used] for Enrolled Copy H.B. 30
2019+1950renumbered and amended to read:
2020+1951 [23-31-201]. 23A-3-304. Utah Natural Resources Legacy Fund.
2021+1952 (1) There is created an expendable special revenue fund known as the "Utah Natural
2022+1953Resources Legacy Fund."
2023+1954 (2) The legacy fund consists of:
2024+1955 (a) appropriations to the legacy fund by the Legislature;
2025+1956 (b) federal grants accepted by the department or a division of the department and
2026+1957specifically directed to the legacy fund; and
2027+1958 (c) contributions, grants, gifts, transfers, bequests, and donations to the legacy fund
2028+1959accepted by the department and specifically directed to the legacy fund.
2029+1960 (3) (a) The [account] legacy fund shall earn interest.
2030+1961 (b) The interest described in Subsection (3)(a) shall be deposited into the [account]
2031+1962legacy fund.
2032+1963 Section 57. Section 23A-3-305, which is renumbered from Section 23-31-202 is
2033+1964renumbered and amended to read:
2034+1965 [23-31-202]. 23A-3-305. Utah Natural Resources Legacy Fund Board.
2035+1966 (1) Subject to Subsection (12), there is created within the department the Utah Natural
2036+1967Resources Legacy Fund Board that consists of eight members as follows:
2037+1968 (a) the following voting members:
2038+1969 (i) two members representing the agriculture industry, appointed by the commissioner
2039+1970of the Department of Agriculture and Food;
2040+1971 (ii) one member representing a non-government entity that has as a primary purpose
2041+1972conserving non-game wildlife and habitat, appointed by the director [of the Division of
2042+1973Wildlife Resources];
2043+1974 (iii) one member representing hunting, fishing, and trapping interests in Utah,
2044+1975appointed by the director [of the Division of Wildlife Resources];
2045+1976 (iv) one member representing mineral extraction and development interests, appointed
2046+1977by the director of the Division of Oil, Gas, and Mining;
2047+1978 (v) one member representing water development and distribution interests, appointed
2048+1979by the executive director [of the department]; and
2049+1980 (vi) one at-large member, appointed by the executive director [of the department]; and 12-19-22 10:31 PM H.B. 30
18582050 - 65 -
1859-1794programs and activities relating to upland game species based generally upon the proportion of
1860-1795average annual hunter participation for each species.
1861-1796 [(f)] (e) Projects for which free public access is assured shall receive first priority for
1862-1797funding from money allocated to upland game.
1863-1798 [(g)] (f) Projects for which public access is assured shall receive second priority for
1864-1799funding from money allocated to upland game.
1865-1800 (6) The division shall use remaining money in the [account shall be used] Wildlife
1866-1801Habitat Account for the following purposes:
1867-1802 (a) the enhancement, acquisition, preservation, protection, and management of aquatic
1868-1803and terrestrial wildlife habitat; and
1869-1804 (b) to improve access for fishing and hunting.
1870-1805 (7) The division shall seek the advice and recommendations of the Habitat Council,
1871-1806created by the division, regarding the expenditure of account money.
1872-1807 (8) Donations of money deposited into the [account] Wildlife Habitat Account and
1873-1808interest earned on that money shall be expended:
1874-1809 (a) as directed by the donor; and
1875-1810 (b) without being appropriated by the Legislature.
1876-1811 Section 47. Section 23A-3-208, which is renumbered from Section 23-19-47 is
1877-1812renumbered and amended to read:
1878-1813 [23-19-47]. 23A-3-208. Portion of revenue from license, permit, and certificate
1879-1814of registration fees deposited into Wildlife Habitat Account.
1880-1815 (1) Fifty cents of the fee charged for [any of the following licenses or stamps] a
1881-1816one-day fishing license shall be deposited in the Wildlife Habitat Account created in Section
1882-1817[23-19-43:] 23A-3-207.
1883-1818 [(a) a one-day fishing license; or]
1884-1819 [(b) a one-day fishing stamp.]
1885-1820 (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
1886-1821permits shall be deposited in the Wildlife Habitat Account created in Section [23-19-43] H.B. 30 Enrolled Copy
2051+1981 (b) the director [of the division] as a nonvoting member.
2052+1982 (2) A voting member of the board shall be appointed for a three-year term.
2053+1983 (3) Notwithstanding Subsection (2), terms of board members are staggered as follows
2054+1984so that approximately one-third of the board is appointed every year:
2055+1985 (a) the initial individuals appointed under Subsections (1)(a)(i) and (ii) shall be
2056+1986appointed for three-year terms;
2057+1987 (b) the initial individuals appointed under Subsections (1)(a)(iii) and (iv) shall be
2058+1988appointed for two-year terms; and
2059+1989 (c) the initial individuals appointed under Subsections (1)(a)(v) and (vi) shall be
2060+1990appointed for one-year terms.
2061+1991 (4) An individual may be appointed to more than one term.
2062+1992 (5) When a vacancy occurs in the membership for any reason, an individual shall be
2063+1993appointed in accordance with Subsection (1) to replace the member for the unexpired term.
2064+1994 (6) The board shall elect one member to serve as chair of the board.
2065+1995 (7) The board shall meet regularly as called by the chair.
2066+1996 (8) Four voting members constitute a quorum.
2067+1997 (9) An action by the majority of voting members present when a quorum is present is
2068+1998an action of the board.
2069+1999 (10) A member may not receive compensation or benefits for the member's service, but
2070+2000may receive per diem and travel expenses in accordance with:
2071+2001 (a) Section 63A-3-106;
2072+2002 (b) Section 63A-3-107; and
2073+2003 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2074+200463A-3-107.
2075+2005 (11) The division shall staff the board.
2076+2006 (12) The board is not created and may not begin operation until the legacy fund
2077+2007described in Section [23-31-201] 23A-3-304 holds at least $200,000.
2078+2008 Section 58. Section 23A-3-306, which is renumbered from Section 23-31-203 is
2079+2009renumbered and amended to read:
2080+2010 [23-31-203]. 23A-3-306. Uses of legacy fund.
2081+2011 (1) Each year, when the board creates a budget, the board shall allocate: H.B. 30 12-19-22 10:31 PM
18872082 - 66 -
1888-182223A-3-207:
1889-1823 (a) a fishing license, except any one-day fishing license;
1890-1824 (b) a hunting license;
1891-1825 (c) a combination license;
1892-1826 (d) a furbearer license; or
1893-1827 (e) a fishing permit[, except any fish stamp].
1894-1828 (3) Four dollars and seventy-five cents of the fee charged for any of the following
1895-1829certificates of registration[, permits, or Wildlife Heritage certificates] or permits shall be
1896-1830deposited in the Wildlife Habitat Account created in Section [23-19-43] 23A-3-207:
1897-1831 (a) a certificate of registration for the dedicated hunter program, except a certificate of
1898-1832registration issued to a lifetime licensee;
1899-1833 (b) a big game permit;
1900-1834 (c) a bear permit;
1901-1835 (d) a cougar permit;
1902-1836 (e) a turkey permit; or
1903-1837 (f) a muskrat permit[; or]
1904-1838 [(g) a Wildlife Heritage certificate].
1905-1839 Section 48. Section 23A-3-209, which is renumbered from Section 23-19-48 is
1906-1840renumbered and amended to read:
1907-1841 [23-19-48]. 23A-3-209. Predator Control Restricted Account.
1908-1842 (1) There is created a restricted account within the General Fund known as the
1909-1843"Predator Control Restricted Account."
1910-1844 (2) The [restricted account] Predator Control Restricted Account includes:
1911-1845 (a) deposits made to the [restricted account] Predator Control Restricted Account from
1912-1846fees established on hunting permits in accordance with Section [23-19-22] 23A-4-703; and
1913-1847 (b) [any other amount] other amounts deposited in the [restricted account] Predator
1914-1848Control Restricted Account from donations or appropriations.
1915-1849 (3) [Money from the restricted account shall be used by the] The division shall use Enrolled Copy H.B. 30
2083+2012 (a) 40% of the budget:
2084+2013 (i) for staff and expenses to administer the legacy fund under this [chapter] part;
2085+2014 (ii) to conduct research, monitoring, and management actions that benefit non-game
2086+2015species; or
2087+2016 (iii) to otherwise reduce the likelihood of future species listings under the Endangered
2088+2017Species Act, 16 U.S.C. Sec. 1531 et seq.; and
2089+2018 (b) 60% of the budget to fund the following projects that provide the following
2090+2019landscape level conservation benefits:
2091+2020 (i) preserving open spaces, wildlife habitat, and critical agricultural lands;
2092+2021 (ii) providing perpetual access for hunting, fishing, or trapping;
2093+2022 (iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment,
2094+2023and the multiple use of renewable natural resources attributable to residential, mineral, and
2095+2024industrial development; or
2096+2025 (iv) preserving a viable agricultural industry.
2097+2026 (2) (a) The board shall make recommendations to the division regarding expenditures
2098+2027from the legacy fund for the purposes described in Subsection (1)(b).
2099+2028 (b) The division shall consider the board's recommendations in approving an
2100+2029expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's
2101+2030recommendation, the director [of the division] shall provide the board with a written
2102+2031explanation of the reason for the rejection.
2103+2032 (3) In performing the actions described in Subsection (1)(b), the division shall comply
2104+2033with [the requirements described in Section 23-21-1.5] Section 23A-6-202.
2105+2034 (4) This section does not give the division the power of eminent domain.
2106+2035 (5) The division may not use assets from the legacy fund for litigation.
2107+2036 (6) Money in the legacy fund may not be used to develop or implement a habitat
2108+2037conservation plan required under federal law unless the federal government pays for at least
2109+2038one-third of the habitat conservation plan costs.
2110+2039 Section 59. Section 23A-4-101 is enacted to read:
2111+2040 CHAPTER 4. LICENSES, PERMITS, CERTIFICATES OF REGISTRATION, AND
2112+2041 TAGS
2113+2042 Part 1. General Provisions 12-19-22 10:31 PM H.B. 30
19162114 - 67 -
1917-1850money from the Predator Control Restricted Account to fund a predator control program to
1918-1851control populations of predatory animals that endanger the health of nonpredatory wildlife
1919-1852populations in the state, consistent with the policies of the Wildlife Board.
1920-1853 Section 49. Section 23A-3-210, which is renumbered from Section 23-15-14 is
1921-1854renumbered and amended to read:
1922-1855 [23-15-14]. 23A-3-210. State Fish Hatchery Maintenance Account.
1923-1856 (1) There is created a restricted account within the General Fund known as the "State
1924-1857Fish Hatchery Maintenance Account."
1925-1858 (2) The following money shall be deposited into the [account] State Fish Hatchery
1926-1859Maintenance Account:
1927-1860 (a) $2.00 of [each] a fishing license fee or combination license fee; and
1928-1861 (b) interest and earnings on account money.
1929-1862 (3) [Money in the account shall be used by the] The division, after appropriation by the
1930-1863Legislature, shall use money in the State Fish Hatchery Maintenance Account for major repairs
1931-1864or replacement of facilities and equipment at fish hatcheries owned and operated by the
1932-1865division for the production and distribution of fish to enhance sport fishing opportunities in the
1933-1866state.
1934-1867 Section 50. Section 23A-3-211, which is renumbered from Section 23-27-305 is
1935-1868renumbered and amended to read:
1936-1869 [23-27-305]. 23A-3-211. Aquatic Invasive Species Interdiction Account.
1937-1870 (1) There is created within the General Fund a restricted account known as the
1938-1871"Aquatic Invasive Species Interdiction Account."
1939-1872 (2) The [restricted account] Aquatic Invasive Species Interdiction Account shall consist
1940-1873of:
1941-1874 (a) nonresident aquatic invasive species fees collected under Section [23-27-304]
1942-187523A-10-304;
1943-1876 (b) resident aquatic invasive species fees collected under Section 73-18-26; and
1944-1877 (c) [any other amount] other amounts deposited in the [restricted account] Aquatic H.B. 30 Enrolled Copy
2115+2043 23A-4-101. Definitions.
2116+2044 Reserved.
2117+2045 Section 60. Section 23A-4-201, which is renumbered from Section 23-19-1 is
2118+2046renumbered and amended to read:
2119+2047 Part 2. Basic Requirements
2120+2048 [23-19-1]. 23A-4-201. Possession of licenses, certificates of registration,
2121+2049permits, and tags required -- Nonassignability -- Exceptions -- Nature of licenses, permits,
2122+2050or tags issued by the division.
2123+2051 (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
2124+2052protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
2125+2053 (a) procures the necessary licenses, certificates of registration, permits, or tags required
2126+2054under this title, by rule made by the Wildlife Board under this title, or by an order or
2127+2055proclamation [issued in accordance with a rule made by the Wildlife Board under this title];
2128+2056and
2129+2057 (b) carries in the person's possession while engaging in the activities described in
2130+2058Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
2131+2059rule made by the Wildlife Board under this title, or by an order or proclamation [issued in
2132+2060accordance with a rule made by the Wildlife Board under this title].
2133+2061 (2) Except as provided in Subsection (3) a person may not:
2134+2062 (a) lend, transfer, sell, give, or assign:
2135+2063 (i) a license, certificate of registration, permit, or tag belonging to the person; or
2136+2064 (ii) a right granted by a license, certificate of registration, permit, or tag; or
2137+2065 (b) use or attempt to use a license, certificate of registration, permit, or tag of another
2138+2066person.
2139+2067 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2140+2068Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
2141+2069to:
2142+2070 (a) transport wildlife;
2143+2071 (b) allow a person to take protected wildlife for another person if:
2144+2072 (i) the person possessing the license, certificate of registration, permit, or tag has a
2145+2073permanent physical impairment due to a congenital or acquired injury or disease; and H.B. 30 12-19-22 10:31 PM
19452146 - 68 -
1946-1878Invasive Species Interdiction Account from donations, appropriations, contractual agreements,
1947-1879and accrued interest.
1948-1880 (3) Upon appropriation, the division shall use the fees collected under [Sections
1949-188123-27-305] this section and Section 73-18-26 and deposited in the Aquatic Invasive Species
1950-1882Account to fund aquatic invasive species prevention and containment efforts.
1951-1883 Section 51. Section 23A-3-212, which is renumbered from Section 23-30-103 is
1952-1884renumbered and amended to read:
1953-1885 [23-30-103]. 23A-3-212. Mule Deer Protection Account.
1954-1886 (1) There is created a restricted account within the General Fund known as the "Mule
1955-1887Deer Protection Restricted Account."
1956-1888 (a) The [restricted account] Mule Deer Protection Restricted Account shall consist of:
1957-1889 (i) appropriations made by the Legislature; and
1958-1890 (ii) grants or donations from:
1959-1891 (A) the federal government;
1960-1892 (B) a state agency;
1961-1893 (C) a local government; or
1962-1894 (D) a person.
1963-1895 (b) The division shall administer the [restricted account] Mule Deer Protection
1964-1896Restricted Account.
1965-1897 (2) Subject to appropriation, the division may expend money in the [restricted account]
1966-1898Mule Deer Protection Restricted Account on:
1967-1899 (a) a program established by rule under Subsection [23-30-104] 23A-11-402(1);
1968-1900 (b) a contract for targeted predator control described in Subsection [23-30-104]
1969-190123A-11-402(3)(a);
1970-1902 (c) predator control education and training related to mule deer protection described in
1971-1903Subsection [23-30-104] 23A-11-402(3)(b); and
1972-1904 (d) administration costs incurred to carry out [the requirements of this chapter] Chapter
1973-190511, Part 4, Mule Deer Protection. Enrolled Copy H.B. 30
2147+2074 (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
2148+2075disability that renders the person physically unable to use a legal hunting weapon or fishing
2149+2076device;
2150+2077 (c) allow a resident minor under 18 years [of age] old to use the resident or nonresident
2151+2078hunting permit of another person if:
2152+2079 (i) the resident minor is otherwise legally eligible to hunt; and
2153+2080 (ii) the permit holder:
2154+2081 (A) receives no form of compensation or remuneration for allowing the minor to use
2155+2082the permit;
2156+2083 (B) obtains the division's prior written approval to allow the minor to use the permit;
2157+2084and
2158+2085 (C) accompanies the minor, for the purposes of advising and assisting during the hunt,
2159+2086at a distance where the permit holder can communicate with the minor, in person, by voice or
2160+2087visual signals; or
2161+2088 (d) subject to the requirements of Subsection (4), transfer to another person a certificate
2162+2089of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
2163+2090connection with the sale or transfer of the brine shrimp harvest operation or harvesting
2164+2091equipment.
2165+2092 (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
2166+2093shrimp eggs if:
2167+2094 (a) the person submits to the division an application to transfer the certificate on a form
2168+2095provided by the division;
2169+2096 (b) the proposed transferee meets [all] the requirements necessary to obtain an original
2170+2097certificate of registration; and
2171+2098 (c) the division approves the transfer of the certificate.
2172+2099 (5) A person is not required to obtain a license, certificate of registration, permit, or tag
2173+2100to:
2174+2101 (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
2175+2102made by the Wildlife Board under this title or by an order or proclamation [issued in
2176+2103accordance with a rule made by the Wildlife Board under this title];
2177+2104 (b) fish at a private fish pond operated in accordance with Section [23-15-10; or] 12-19-22 10:31 PM H.B. 30
19742178 - 69 -
1975-1906 Section 52. Section 23A-3-213, which is renumbered from Section 23-19-17.7 is
1976-1907renumbered and amended to read:
1977-1908 [23-19-17.7]. 23A-3-213. Wildlife Resources Trust Account.
1978-1909 (1) There is created within the General Fund a restricted account to be known as the
1979-1910"Wildlife Resources Trust Account[. All fees]." Fees received from the sale of lifetime licenses
1980-1911shall be deposited in that account.
1981-1912 (2) [All interest] Interest earned by investments of the funds in the Wildlife Resources
1982-1913Trust Account shall, on July 1 of each year, be deposited in the Wildlife Resources Account
1983-1914created in Section [23-14-13] 23A-3-201.
1984-1915 (3) Money in the Wildlife Resources Trust Account is subject to the restriction in
1985-1916Section [23-22-2] 23A-2-402 that no money paid to the state for hunting and fishing license
1986-1917fees shall be diverted for any other purpose than the enhancement of wildlife by the [Division
1987-1918of Wildlife Resources] division.
1988-1919 Section 53. Section 23A-3-301, which is renumbered from Section 23-31-102 is
1989-1920renumbered and amended to read:
1990-1921 Part 3. Utah Natural Resources Legacy Fund
1991-1922 [23-31-102]. 23A-3-301. Definitions.
1992-1923 As used in this [chapter] part:
1993-1924 (1) "Board" means the Utah Natural Resources Legacy Fund Board created in Section
1994-1925[23-31-202] 23A-3-305.
1995-1926 [(2) "Department" means the Department of Natural Resources.]
1996-1927 [(3)] (2) "Legacy fund" means the Utah Natural Resources Legacy Fund created in
1997-1928Section [23-31-201] 23A-3-304.
1998-1929 Section 54. Section 23A-3-302, which is renumbered from Section 23-31-103 is
1999-1930renumbered and amended to read:
2000-1931 [23-31-103]. 23A-3-302. Application to mineral estates.
2001-1932 This [chapter] part does not change law regarding:
2002-1933 (1) the primacy of a mineral estate; H.B. 30 Enrolled Copy
2179+210523A-9-203;
2180+2106 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
2181+2107propagate, keep, and release for shooting in accordance with a certificate of registration issued
2182+2108under Section [23-17-6.] 23A-12-202; or
2183+2109 (d) take fish at a short-term fishing event.
2184+2110 (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
2185+2111rules of the Wildlife Board issued pursuant to [authority granted by] this title, to take protected
2186+2112wildlife is:
2187+2113 (i) a privilege; and
2188+2114 (ii) not a right or property for any purpose.
2189+2115 (b) A point or other form of credit issued to, or accumulated by, a person under
2190+2116procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
2191+2117hunting permit in a division-administered drawing:
2192+2118 (i) may not be transferred, sold, or assigned to another person; and
2193+2119 (ii) is not a right or property for any purpose.
2194+2120 Section 61. Section 23A-4-202, which is renumbered from Section 23-19-2 is
2195+2121renumbered and amended to read:
2196+2122 [23-19-2]. 23A-4-202. License, permit, and certificate forms prescribed by
2197+2123Wildlife Board.
2198+2124 (1) The Wildlife Board shall prescribe the form of a license, permit, or certificate of
2199+2125registration to be used for hunting, fishing, trapping, seining, and dealing in furs.
2200+2126 (2) A license, permit, or certificate of registration may be paper-based or in electronic
2201+2127format pursuant to the rules [established] made by the Wildlife Board in accordance with Title
2202+212863G, Chapter 3, Utah Administrative Rulemaking Act.
2203+2129 (3) A license issued pursuant to Section [23-19-36] 23A-4-305 shall be designated as
2204+2130such by a code number and may not contain a reference to the licensee's disability.
2205+2131 Section 62. Section 23A-4-203, which is renumbered from Section 23-19-3 is
2206+2132renumbered and amended to read:
2207+2133 [23-19-3]. 23A-4-203. Tag as supplement to licenses and permits.
2208+2134 The division may issue, [as supplements to appropriate licenses and permits, special
2209+2135tags] as a supplement to the appropriate license or permit, a tag for protected wildlife, as H.B. 30 12-19-22 10:31 PM
20032210 - 70 -
2004-1934 (2) limiting access to a mineral estate; or
2005-1935 (3) limiting development of a mineral estate.
2006-1936 Section 55. Section 23A-3-303, which is renumbered from Section 23-31-104 is
2007-1937renumbered and amended to read:
2008-1938 [23-31-104]. 23A-3-303. Reporting.
2009-1939 The division shall annually report to the governor and the Natural Resources,
2010-1940Agriculture, and Environment Interim Committee on or before September 1 with respect to:
2011-1941 (1) federal grants, state appropriations, and other contributions, grants, gifts, transfers,
2012-1942bequests, and donations received and credited to the legacy fund during the preceding fiscal
2013-1943year; and
2014-1944 (2) expenditures from the legacy fund under Section [23-31-203] 23A-3-306.
2015-1945 Section 56. Section 23A-3-304, which is renumbered from Section 23-31-201 is
2016-1946renumbered and amended to read:
2017-1947 [23-31-201]. 23A-3-304. Utah Natural Resources Legacy Fund.
2018-1948 (1) There is created an expendable special revenue fund known as the "Utah Natural
2019-1949Resources Legacy Fund."
2020-1950 (2) The legacy fund consists of:
2021-1951 (a) appropriations to the legacy fund by the Legislature;
2022-1952 (b) federal grants accepted by the department or a division of the department and
2023-1953specifically directed to the legacy fund; and
2024-1954 (c) contributions, grants, gifts, transfers, bequests, and donations to the legacy fund
2025-1955accepted by the department and specifically directed to the legacy fund.
2026-1956 (3) (a) The [account] legacy fund shall earn interest.
2027-1957 (b) The interest described in Subsection (3)(a) shall be deposited into the [account]
2028-1958legacy fund.
2029-1959 Section 57. Section 23A-3-305, which is renumbered from Section 23-31-202 is
2030-1960renumbered and amended to read:
2031-1961 [23-31-202]. 23A-3-305. Utah Natural Resources Legacy Fund Board. Enrolled Copy H.B. 30
2211+2136determined by the Wildlife Board.
2212+2137 Section 63. Section 23A-4-204, which is renumbered from Section 23-19-4 is
2213+2138renumbered and amended to read:
2214+2139 [23-19-4]. 23A-4-204. Alien's and nonresident peace officer's ability to obtain
2215+2140licenses and certificates.
2216+2141 (1) An alien resident of [the State of] Utah may purchase a hunting, fishing, trapping,
2217+2142seining, and fur dealer [licenses and certificates of registration] license or certificate of
2218+2143registration upon the same terms as a resident citizen.
2219+2144 (2) [All nonresident aliens] A nonresident alien may purchase a hunting, fishing,
2220+2145trapping, seining, [and] or fur dealer [licenses and certificates] license or certificate of
2221+2146registration upon the same terms as nonresident citizens.
2222+2147 (3) Notwithstanding Subsection [23-19-5] 23A-4-1101(1)(b), a nonresident may
2223+2148purchase a hunting, fishing, trapping, seining, and fur dealer license [and] or certificate of
2224+2149registration upon the same terms as a resident citizen if the person is:
2225+2150 (a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace
2226+2151Officer Classifications; and
2227+2152 (b) required to live outside the state as a condition of the person's employment.
2228+2153 Section 64. Section 23A-4-205, which is renumbered from Section 23-19-7 is
2229+2154renumbered and amended to read:
2230+2155 [23-19-7]. 23A-4-205. Expiration date of licenses, permits, and certificates of
2231+2156registration.
2232+2157 (1) The Wildlife Board shall establish the term and expiration date for a license,
2233+2158permit, [and] or certificate of registration issued under this title.
2234+2159 (2) The division shall indicate the term and expiration date established under
2235+2160Subsection (1) on [each] a license, permit, [and] or certificate of registration.
2236+2161 Section 65. Section 23A-4-206, which is renumbered from Section 23-19-8 is
2237+2162renumbered and amended to read:
2238+2163 [23-19-8]. 23A-4-206. Signature on documents -- Considered under oath --
2239+2164Prohibition on use of unsigned documents.
2240+2165 (1) A person's signature on a license, permit, tag, or certificate of registration is
2241+2166certification of that person's eligibility to use the license, permit, tag, or certificate of 12-19-22 10:31 PM H.B. 30
20322242 - 71 -
2033-1962 (1) Subject to Subsection (12), there is created within the department the Utah Natural
2034-1963Resources Legacy Fund Board that consists of eight members as follows:
2035-1964 (a) the following voting members:
2036-1965 (i) two members representing the agriculture industry, appointed by the commissioner
2037-1966of the Department of Agriculture and Food;
2038-1967 (ii) one member representing a non-government entity that has as a primary purpose
2039-1968conserving non-game wildlife and habitat, appointed by the director [of the Division of
2040-1969Wildlife Resources];
2041-1970 (iii) one member representing hunting, fishing, and trapping interests in Utah,
2042-1971appointed by the director [of the Division of Wildlife Resources];
2043-1972 (iv) one member representing mineral extraction and development interests, appointed
2044-1973by the director of the Division of Oil, Gas, and Mining;
2045-1974 (v) one member representing water development and distribution interests, appointed
2046-1975by the executive director [of the department]; and
2047-1976 (vi) one at-large member, appointed by the executive director [of the department]; and
2048-1977 (b) the director [of the division] as a nonvoting member.
2049-1978 (2) A voting member of the board shall be appointed for a three-year term.
2050-1979 (3) Notwithstanding Subsection (2), terms of board members are staggered as follows
2051-1980so that approximately one-third of the board is appointed every year:
2052-1981 (a) the initial individuals appointed under Subsections (1)(a)(i) and (ii) shall be
2053-1982appointed for three-year terms;
2054-1983 (b) the initial individuals appointed under Subsections (1)(a)(iii) and (iv) shall be
2055-1984appointed for two-year terms; and
2056-1985 (c) the initial individuals appointed under Subsections (1)(a)(v) and (vi) shall be
2057-1986appointed for one-year terms.
2058-1987 (4) An individual may be appointed to more than one term.
2059-1988 (5) When a vacancy occurs in the membership for any reason, an individual shall be
2060-1989appointed in accordance with Subsection (1) to replace the member for the unexpired term. H.B. 30 Enrolled Copy
2243+2167registration for the purpose intended by this title.
2244+2168 (2) [The] A signature described in Subsection (1) need not be notarized but shall be
2245+2169considered to be made under oath.
2246+2170 (3) A signature may be an electronic signature if allowed by rule made by the Wildlife
2247+2171Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2248+2172 [(3)] (4) A person may not use an unsigned license, permit, tag, or certificate of
2249+2173registration.
2250+2174 Section 66. Section 23A-4-207, which is renumbered from Section 23-19-38 is
2251+2175renumbered and amended to read:
2252+2176 [23-19-38]. 23A-4-207. Sales of licenses, certificates, or permits final --
2253+2177Exceptions -- Reallocation of surrendered permits.
2254+2178 (1) [Sales of all licenses, certificates, or permits are final, and no refunds may be made
2255+2179by the division] A sale of a license, permit, or certificate is final, and the division may not
2256+2180refund money except as provided in Subsections (2) and (3) or Section 23A-4-301.
2257+2181 (2) The division may refund the amount of [the] a license, certificate, or permit if:
2258+2182 (a) the division or the Wildlife Board discontinues the activity for which the license,
2259+2183certificate, or permit was obtained;
2260+2184 (b) the division determines that [it] the division has erroneously collected a fee;
2261+2185 (c) (i) the person to whom the license, certificate, or permit is issued becomes ill or
2262+2186suffers an injury that precludes the person from using the license, certificate, or permit;
2263+2187 (ii) the person furnishes verification of illness or injury from a physician or physician
2264+2188assistant;
2265+2189 (iii) the person does not actually use the license, certificate, or permit; and
2266+2190 (iv) the license, certificate, or permit is surrendered before the end of the season for
2267+2191which the permit was issued; or
2268+2192 (d) the person to whom the license, certificate, or permit is issued dies [prior to] before
2269+2193the person being able to use the license, certificate, or permit.
2270+2194 (3) The Wildlife Board may establish additional exceptions [in rule] to the refund
2271+2195prohibitions in Subsection (1) by rule made in accordance with Title 63G, Chapter 3, Utah
2272+2196Administrative Rulemaking Act.
2273+2197 (4) The [division] director may reallocate surrendered permits in accordance with rules H.B. 30 12-19-22 10:31 PM
20612274 - 72 -
2062-1990 (6) The board shall elect one member to serve as chair of the board.
2063-1991 (7) The board shall meet regularly as called by the chair.
2064-1992 (8) Four voting members constitute a quorum.
2065-1993 (9) An action by the majority of voting members present when a quorum is present is
2066-1994an action of the board.
2067-1995 (10) A member may not receive compensation or benefits for the member's service, but
2068-1996may receive per diem and travel expenses in accordance with:
2069-1997 (a) Section 63A-3-106;
2070-1998 (b) Section 63A-3-107; and
2071-1999 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2072-200063A-3-107.
2073-2001 (11) The division shall staff the board.
2074-2002 (12) The board is not created and may not begin operation until the legacy fund
2075-2003described in Section [23-31-201] 23A-3-304 holds at least $200,000.
2076-2004 Section 58. Section 23A-3-306, which is renumbered from Section 23-31-203 is
2077-2005renumbered and amended to read:
2078-2006 [23-31-203]. 23A-3-306. Uses of legacy fund.
2079-2007 (1) Each year, when the board creates a budget, the board shall allocate:
2080-2008 (a) 40% of the budget:
2081-2009 (i) for staff and expenses to administer the legacy fund under this [chapter] part;
2082-2010 (ii) to conduct research, monitoring, and management actions that benefit non-game
2083-2011species; or
2084-2012 (iii) to otherwise reduce the likelihood of future species listings under the Endangered
2085-2013Species Act, 16 U.S.C. Sec. 1531 et seq.; and
2086-2014 (b) 60% of the budget to fund the following projects that provide the following
2087-2015landscape level conservation benefits:
2088-2016 (i) preserving open spaces, wildlife habitat, and critical agricultural lands;
2089-2017 (ii) providing perpetual access for hunting, fishing, or trapping; Enrolled Copy H.B. 30
2275+2198[adopted] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
2276+2199Administrative Rulemaking Act.
2277+2200 Section 67. Section 23A-4-208, which is renumbered from Section 23-19-10 is
2278+2201renumbered and amended to read:
2279+2202 [23-19-10]. 23A-4-208. Duplicate license, permit, tag, or certificate of
2280+2203registration.
2281+2204 If an unexpired license, permit, tag, or certificate of registration issued under [the
2282+2205provisions of this code] this title is destroyed, lost, or stolen, the [Division of Wildlife
2283+2206Resources and its] division, a person designated by the director, or the division's authorized
2284+2207license agents may issue a duplicate license, permit, tag, or certificate of registration in
2285+2208accordance with the rules set and fees determined by the Wildlife Board.
2286+2209 Section 68. Section 23A-4-209, which is renumbered from Section 23-19-42 is
2287+2210renumbered and amended to read:
2288+2211 [23-19-42]. 23A-4-209. Search and rescue surcharge.
2289+2212 (1) In addition to the fees imposed under this [chapter] title, there is imposed a 25 cent
2290+2213surcharge on [each] a fishing, hunting, or combination license.
2291+2214 (2) [This] The surcharge imposed under Subsection (1) shall be deposited in the
2292+2215General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program
2293+2216created under Section [53-2a-1101] 53-2a-1102.
2294+2217 Section 69. Section 23A-4-210, which is renumbered from Section 23-19-45 is
2295+2218renumbered and amended to read:
2296+2219 [23-19-45]. 23A-4-210. Fees and certificates of registration to harvest brine
2297+2220shrimp eggs.
2298+2221 [(1)] The Wildlife Board may not impose [fees] a fee to harvest brine shrimp eggs other
2299+2222than a certificate of registration [fees] fee.
2300+2223 [(2) Each person holding certificates of registration for the harvesting of brine shrimp
2301+2224eggs in the 1996-97 harvesting season may obtain the same number of certificates of
2302+2225registration for the 1997-98 and 1998-99 harvesting seasons upon payment of the required fee.]
2303+2226 Section 70. Section 23A-4-301, which is renumbered from Section 23-19-38.2 is
2304+2227renumbered and amended to read:
2305+2228 Part 3. Special Circumstances 12-19-22 10:31 PM H.B. 30
20902306 - 73 -
2091-2018 (iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment,
2092-2019and the multiple use of renewable natural resources attributable to residential, mineral, and
2093-2020industrial development; or
2094-2021 (iv) preserving a viable agricultural industry.
2095-2022 (2) (a) The board shall make recommendations to the division regarding expenditures
2096-2023from the legacy fund for the purposes described in Subsection (1)(b).
2097-2024 (b) The division shall consider the board's recommendations in approving an
2098-2025expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's
2099-2026recommendation, the director [of the division] shall provide the board with a written
2100-2027explanation of the reason for the rejection.
2101-2028 (3) In performing the actions described in Subsection (1)(b), the division shall comply
2102-2029with [the requirements described in Section 23-21-1.5] Section 23A-6-202.
2103-2030 (4) This section does not give the division the power of eminent domain.
2104-2031 (5) The division may not use assets from the legacy fund for litigation.
2105-2032 (6) Money in the legacy fund may not be used to develop or implement a habitat
2106-2033conservation plan required under federal law unless the federal government pays for at least
2107-2034one-third of the habitat conservation plan costs.
2108-2035 Section 59. Section 23A-4-101 is enacted to read:
2109-2036 CHAPTER 4. LICENSES, PERMITS, CERTIFICATES OF REGISTRATION, AND
2110-2037 TAGS
2111-2038 Part 1. General Provisions
2112-2039 23A-4-101. Definitions.
2113-2040 Reserved.
2114-2041 Section 60. Section 23A-4-201, which is renumbered from Section 23-19-1 is
2115-2042renumbered and amended to read:
2116-2043 Part 2. Basic Requirements
2117-2044 [23-19-1]. 23A-4-201. Possession of licenses, certificates of registration,
2118-2045permits, and tags required -- Nonassignability -- Exceptions -- Nature of licenses, permits, H.B. 30 Enrolled Copy
2307+2229 [23-19-38.2]. 23A-4-301. Refunds for armed forces or public health or
2308+2230safety organization members.
2309+2231 (1) A member of the United States Armed Forces or public health or public safety
2310+2232organization who is mobilized or deployed on order in the interest of national defense or
2311+2233emergency and is precluded from using a purchased license, certificate, tag, or permit, may, as
2312+2234provided in Subsection (2):
2313+2235 (a) receive a refund from the division; and
2314+2236 (b) if the person has drawn a permit, have [all] the opportunities to draw that permit in
2315+2237a future draw reinstated.
2316+2238 (2) To qualify, the person or a legal representative shall:
2317+2239 (a) notify the division within a reasonable amount of time that the person is applying
2318+2240for a refund;
2319+2241 (b) surrender the license, certificate, tag, or permit to the division; and
2320+2242 (c) furnish satisfactory proof to the division that the person:
2321+2243 (i) is a member of:
2322+2244 (A) the United States Armed Forces;
2323+2245 (B) a public health organization; or
2324+2246 (C) a public safety organization; and
2325+2247 (ii) was precluded from using the license, certificate, tag, or permit as a result of being
2326+2248called to active duty.
2327+2249 (3) The Wildlife Board may [adopt] make rules in accordance with Title 63G, Chapter
2328+22503, Utah Administrative Rulemaking Act, necessary to administer this section including
2329+2251allowing retroactive refund to September 11, 2001.
2330+2252 Section 71. Section 23A-4-302, which is renumbered from Section 23-19-38.3 is
2331+2253renumbered and amended to read:
2332+2254 [23-19-38.3]. 23A-4-302. Licenses for disabled veterans.
2333+2255 (1) The [division] Wildlife Board shall make rules in accordance with Title 63G,
2334+2256Chapter 3, Utah Administrative Rulemaking Act, under which a veteran with a disability may
2335+2257receive a hunting, fishing, or combination license free or at a reduced price.
2336+2258 (2) In making rules under this section, the [division] Wildlife Board shall:
2337+2259 (a) use the same guidelines for disability as the United States Department of Veterans H.B. 30 12-19-22 10:31 PM
21192338 - 74 -
2120-2046or tags issued by the division.
2121-2047 (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
2122-2048protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
2123-2049 (a) procures the necessary licenses, certificates of registration, permits, or tags required
2124-2050under this title, by rule made by the Wildlife Board under this title, or by an order or
2125-2051proclamation [issued in accordance with a rule made by the Wildlife Board under this title];
2126-2052and
2127-2053 (b) carries in the person's possession while engaging in the activities described in
2128-2054Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
2129-2055rule made by the Wildlife Board under this title, or by an order or proclamation [issued in
2130-2056accordance with a rule made by the Wildlife Board under this title].
2131-2057 (2) Except as provided in Subsection (3) a person may not:
2132-2058 (a) lend, transfer, sell, give, or assign:
2133-2059 (i) a license, certificate of registration, permit, or tag belonging to the person; or
2134-2060 (ii) a right granted by a license, certificate of registration, permit, or tag; or
2135-2061 (b) use or attempt to use a license, certificate of registration, permit, or tag of another
2136-2062person.
2137-2063 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2138-2064Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
2139-2065to:
2140-2066 (a) transport wildlife;
2141-2067 (b) allow a person to take protected wildlife for another person if:
2142-2068 (i) the person possessing the license, certificate of registration, permit, or tag has a
2143-2069permanent physical impairment due to a congenital or acquired injury or disease; and
2144-2070 (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
2145-2071disability that renders the person physically unable to use a legal hunting weapon or fishing
2146-2072device;
2147-2073 (c) allow a resident minor under 18 years [of age] old to use the resident or nonresident Enrolled Copy H.B. 30
2339+2260Affairs; and
2340+2261 (b) provide at a minimum a reduction under this section of 25% of the full fee.
2341+2262 Section 72. Section 23A-4-303, which is renumbered from Section 23-19-14 is
2342+2263renumbered and amended to read:
2343+2264 [23-19-14]. 23A-4-303. Persons residing in certain institutions may fish without
2344+2265license.
2345+2266 (1) The [Division of Wildlife Resources] division shall permit a person to fish without
2346+2267a license if:
2347+2268 (a) (i) the person resides in:
2348+2269 (A) the Utah State Developmental Center in American Fork;
2349+2270 (B) the state hospital;
2350+2271 (C) a veterans hospital;
2351+2272 (D) a veterans nursing home;
2352+2273 (E) a mental health center;
2353+2274 (F) an intermediate care facility for people with an intellectual disability;
2354+2275 (G) a group home licensed by the Department of Human Services and operated under
2355+2276contract with the Division of Services for People with Disabilities;
2356+2277 (H) a group home or other community-based placement licensed by the Department of
2357+2278Human Services and operated under contract with the Division of Juvenile Justice Services;
2358+2279 (I) a private residential facility for at-risk youth licensed by the Department of Human
2359+2280Services; or
2360+2281 (J) another similar institution approved by the division; or
2361+2282 (ii) the person is a youth who participates in a work camp operated by the Division of
2362+2283Juvenile Justice Services;
2363+2284 (b) the person is properly supervised by a representative of the institution described in
2364+2285Subsection (1)(a); and
2365+2286 (c) the institution described in Subsection (1)(a) obtains from the division a certificate
2366+2287of registration that specifies:
2367+2288 (i) the date and place where the person will fish; and
2368+2289 (ii) the name of the institution's representative who will supervise the person fishing.
2369+2290 (2) The institution described in Subsection (1) shall apply for the certificate of 12-19-22 10:31 PM H.B. 30
21482370 - 75 -
2149-2074hunting permit of another person if:
2150-2075 (i) the resident minor is otherwise legally eligible to hunt; and
2151-2076 (ii) the permit holder:
2152-2077 (A) receives no form of compensation or remuneration for allowing the minor to use
2153-2078the permit;
2154-2079 (B) obtains the division's prior written approval to allow the minor to use the permit;
2155-2080and
2156-2081 (C) accompanies the minor, for the purposes of advising and assisting during the hunt,
2157-2082at a distance where the permit holder can communicate with the minor, in person, by voice or
2158-2083visual signals; or
2159-2084 (d) subject to the requirements of Subsection (4), transfer to another person a certificate
2160-2085of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
2161-2086connection with the sale or transfer of the brine shrimp harvest operation or harvesting
2162-2087equipment.
2163-2088 (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
2164-2089shrimp eggs if:
2165-2090 (a) the person submits to the division an application to transfer the certificate on a form
2166-2091provided by the division;
2167-2092 (b) the proposed transferee meets [all] the requirements necessary to obtain an original
2168-2093certificate of registration; and
2169-2094 (c) the division approves the transfer of the certificate.
2170-2095 (5) A person is not required to obtain a license, certificate of registration, permit, or tag
2171-2096to:
2172-2097 (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
2173-2098made by the Wildlife Board under this title or by an order or proclamation [issued in
2174-2099accordance with a rule made by the Wildlife Board under this title];
2175-2100 (b) fish at a private fish pond operated in accordance with Section [23-15-10; or]
2176-210123A-9-203; H.B. 30 Enrolled Copy
2371+2291registration at least 10 days before the fishing outing.
2372+2292 (3) (a) An institution that receives a certificate of registration authorizing at-risk youth
2373+2293to fish shall provide instruction to the youth on fishing laws and regulations.
2374+2294 (b) The division shall provide educational materials to the institution to assist [it] the
2375+2295institution in complying with Subsection (3)(a).
2376+2296 Section 73. Section 23A-4-304, which is renumbered from Section 23-19-14.5 is
2377+2297renumbered and amended to read:
2378+2298 [23-19-14.5]. 23A-4-304. Persons participating in youth organization or
2379+2299school activity may fish without license.
2380+2300 (1) As used in this section:
2381+2301 (a) "School" means an elementary school or a secondary school that:
2382+2302 (i) is a public or private school located in the state; and
2383+2303 (ii) provides student instruction for one or more years of kindergarten through grade 9.
2384+2304 (b) "Youth organization" means a local Utah chapter of:
2385+2305 (i) the Boy Scouts of America;
2386+2306 (ii) the Girls Scouts of the USA; or
2387+2307 (iii) an organization that:
2388+2308 (A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and
2389+2309 (B) promotes character building through outdoor activities.
2390+2310 (2) The [Division of Wildlife Resources] division shall permit a person to fish without
2391+2311a license during a youth organization or school activity if:
2392+2312 (a) the person is:
2393+2313 (i) (A) a member of the youth organization; or
2394+2314 (B) a student enrolled in the school; and
2395+2315 (ii) younger than 16 years old;
2396+2316 (b) the fishing is in compliance with [all] the fishing statutes and rules;
2397+2317 (c) the activity is part of a recreational or instructional program of the youth
2398+2318organization or school; and
2399+2319 (d) an adult leader of the activity obtains from the youth organization or school:
2400+2320 (i) a valid tour permit; or
2401+2321 (ii) documentation that specifies: H.B. 30 12-19-22 10:31 PM
21772402 - 76 -
2178-2102 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
2179-2103propagate, keep, and release for shooting in accordance with a certificate of registration issued
2180-2104under Section [23-17-6.] 23A-12-202; or
2181-2105 (d) take fish at a short-term fishing event.
2182-2106 (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
2183-2107rules of the Wildlife Board issued pursuant to [authority granted by] this title, to take protected
2184-2108wildlife is:
2185-2109 (i) a privilege; and
2186-2110 (ii) not a right or property for any purpose.
2187-2111 (b) A point or other form of credit issued to, or accumulated by, a person under
2188-2112procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
2189-2113hunting permit in a division-administered drawing:
2190-2114 (i) may not be transferred, sold, or assigned to another person; and
2191-2115 (ii) is not a right or property for any purpose.
2192-2116 Section 61. Section 23A-4-202, which is renumbered from Section 23-19-2 is
2193-2117renumbered and amended to read:
2194-2118 [23-19-2]. 23A-4-202. License, permit, and certificate forms prescribed by
2195-2119Wildlife Board.
2196-2120 (1) The Wildlife Board shall prescribe the form of a license, permit, or certificate of
2197-2121registration to be used for hunting, fishing, trapping, seining, and dealing in furs.
2198-2122 (2) A license, permit, or certificate of registration may be paper-based or in electronic
2199-2123format pursuant to the rules [established] made by the Wildlife Board in accordance with Title
2200-212463G, Chapter 3, Utah Administrative Rulemaking Act.
2201-2125 (3) A license issued pursuant to Section [23-19-36] 23A-4-305 shall be designated as
2202-2126such by a code number and may not contain a reference to the licensee's disability.
2203-2127 Section 62. Section 23A-4-203, which is renumbered from Section 23-19-3 is
2204-2128renumbered and amended to read:
2205-2129 [23-19-3]. 23A-4-203. Tag as supplement to licenses and permits. Enrolled Copy H.B. 30
2403+2322 (A) the date and place of the fishing activity;
2404+2323 (B) the name of the adult leader that will supervise the fishing; and
2405+2324 (C) that the activity is officially sanctioned or authorized by the youth organization or
2406+2325school.
2407+2326 (3) (a) The adult leader shall:
2408+2327 (i) possess a valid Utah fishing or combination license; and
2409+2328 (ii) instruct the activity participants on fishing statutes and rules.
2410+2329 (b) The division shall provide educational materials on [its] the division's website to
2411+2330assist the adult leader in complying with Subsection (3)(a).
2412+2331 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2413+2332Wildlife Board shall adopt rules specifying the form of the documentation required under
2414+2333Subsection (2)(d)(ii).
2415+2334 Section 74. Section 23A-4-305, which is renumbered from Section 23-19-36 is
2416+2335renumbered and amended to read:
2417+2336 [23-19-36]. 23A-4-305. Persons with a physical or intellectual disability,
2418+2337terminally ill persons, and children in the custody of the state may fish for free.
2419+2338 (1) A resident who is blind, has paraplegia, or has another permanent disability so as to
2420+2339be permanently confined to a wheelchair or the use of crutches, or who has lost either or both
2421+2340lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this
2422+2341fact to the [Division of Wildlife Resources] division.
2423+2342 (2) A resident who has an intellectual disability and is not eligible under Section
2424+2343[23-19-14] 23A-4-303 to fish without a license may receive a free license to fish upon
2425+2344furnishing verification from a physician or physician assistant that the person has an
2426+2345intellectual disability.
2427+2346 (3) A resident who is terminally ill, and has less than five years to live, may receive a
2428+2347free license to fish:
2429+2348 (a) upon furnishing verification from a physician or physician assistant; and
2430+2349 (b) if the resident qualifies for assistance under [any] a low income public assistance
2431+2350program administered by a state agency.
2432+2351 (4) A child placed in the custody of the state by a court order may receive a free fishing
2433+2352license upon furnishing verification of custody to the [Division of Wildlife Resources] 12-19-22 10:31 PM H.B. 30
22062434 - 77 -
2207-2130 The division may issue, [as supplements to appropriate licenses and permits, special
2208-2131tags] as a supplement to the appropriate license or permit, a tag for protected wildlife, as
2209-2132determined by the Wildlife Board.
2210-2133 Section 63. Section 23A-4-204, which is renumbered from Section 23-19-4 is
2211-2134renumbered and amended to read:
2212-2135 [23-19-4]. 23A-4-204. Alien's and nonresident peace officer's ability to obtain
2213-2136licenses and certificates.
2214-2137 (1) An alien resident of [the State of] Utah may purchase a hunting, fishing, trapping,
2215-2138seining, and fur dealer [licenses and certificates of registration] license or certificate of
2216-2139registration upon the same terms as a resident citizen.
2217-2140 (2) [All nonresident aliens] A nonresident alien may purchase a hunting, fishing,
2218-2141trapping, seining, [and] or fur dealer [licenses and certificates] license or certificate of
2219-2142registration upon the same terms as nonresident citizens.
2220-2143 (3) Notwithstanding Subsection [23-19-5] 23A-4-1101(1)(b), a nonresident may
2221-2144purchase a hunting, fishing, trapping, seining, and fur dealer license [and] or certificate of
2222-2145registration upon the same terms as a resident citizen if the person is:
2223-2146 (a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace
2224-2147Officer Classifications; and
2225-2148 (b) required to live outside the state as a condition of the person's employment.
2226-2149 Section 64. Section 23A-4-205, which is renumbered from Section 23-19-7 is
2227-2150renumbered and amended to read:
2228-2151 [23-19-7]. 23A-4-205. Expiration date of licenses, permits, and certificates of
2229-2152registration.
2230-2153 (1) The Wildlife Board shall establish the term and expiration date for a license,
2231-2154permit, [and] or certificate of registration issued under this title.
2232-2155 (2) The division shall indicate the term and expiration date established under
2233-2156Subsection (1) on [each] a license, permit, [and] or certificate of registration.
2234-2157 Section 65. Section 23A-4-206, which is renumbered from Section 23-19-8 is H.B. 30 Enrolled Copy
2435+2353division.
2436+2354 Section 75. Section 23A-4-306, which is renumbered from Section 23-19-39 is
2437+2355renumbered and amended to read:
2438+2356 [23-19-39]. 23A-4-306. Additional appropriation.
2439+2357 The division each year shall request the Legislature to appropriate from the General
2440+2358Fund in [the] an appropriations act, for deposit in the Wildlife Resources Restricted Account, a
2441+2359sum equal to the total of the fees, as determined by the previous year's license sales, that would
2442+2360have otherwise been collected for fishing licenses had full fees been paid by those 65 years [of
2443+2361age] old or older or those who received free fishing privileges under [the provisions of Section
2444+236223-19-14 or 23-19-36] Section 23A-4-303 or 23A-4-305.
2445+2363 Section 76. Section 23A-4-401, which is renumbered from Section 23-19-17 is
2446+2364renumbered and amended to read:
2447+2365 Part 4. Combined or Lifetime Licenses
2448+2366 [23-19-17]. 23A-4-401. Resident fishing and hunting license -- Use of fee.
2449+2367 (1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
2450+2368provided by the Wildlife Board's rules, a combination license to:
2451+2369 (a) fish;
2452+2370 (b) hunt for small game; and
2453+2371 (c) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2454+2372 (2) Up to $1 of the combination license fee may be used for the hunter education
2455+2373program for any of the following:
2456+2374 (a) instructor and student training;
2457+2375 (b) assisting local organizations with development;
2458+2376 (c) maintenance of existing facilities; or
2459+2377 (d) operation and maintenance of the hunter education program.
2460+2378 (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
2461+2379program to:
2462+2380 (i) acquire pen-raised birds; or
2463+2381 (ii) capture and transplant upland game species.
2464+2382 (b) The combination license fee revenue designated for the upland game program by
2465+2383Subsection (3)(a) is in addition to [any] combination license fee revenue that may be used for H.B. 30 12-19-22 10:31 PM
22352466 - 78 -
2236-2158renumbered and amended to read:
2237-2159 [23-19-8]. 23A-4-206. Signature on documents -- Considered under oath --
2238-2160Prohibition on use of unsigned documents.
2239-2161 (1) A person's signature on a license, permit, tag, or certificate of registration is
2240-2162certification of that person's eligibility to use the license, permit, tag, or certificate of
2241-2163registration for the purpose intended by this title.
2242-2164 (2) [The] A signature described in Subsection (1) need not be notarized but shall be
2243-2165considered to be made under oath.
2244-2166 (3) A signature may be an electronic signature if allowed by rule made by the Wildlife
2245-2167Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2246-2168 [(3)] (4) A person may not use an unsigned license, permit, tag, or certificate of
2247-2169registration.
2248-2170 Section 66. Section 23A-4-207, which is renumbered from Section 23-19-38 is
2249-2171renumbered and amended to read:
2250-2172 [23-19-38]. 23A-4-207. Sales of licenses, certificates, or permits final --
2251-2173Exceptions -- Reallocation of surrendered permits.
2252-2174 (1) [Sales of all licenses, certificates, or permits are final, and no refunds may be made
2253-2175by the division] A sale of a license, permit, or certificate is final, and the division may not
2254-2176refund money except as provided in Subsections (2) and (3) or Section 23A-4-301.
2255-2177 (2) The division may refund the amount of [the] a license, certificate, or permit if:
2256-2178 (a) the division or the Wildlife Board discontinues the activity for which the license,
2257-2179certificate, or permit was obtained;
2258-2180 (b) the division determines that [it] the division has erroneously collected a fee;
2259-2181 (c) (i) the person to whom the license, certificate, or permit is issued becomes ill or
2260-2182suffers an injury that precludes the person from using the license, certificate, or permit;
2261-2183 (ii) the person furnishes verification of illness or injury from a physician or physician
2262-2184assistant;
2263-2185 (iii) the person does not actually use the license, certificate, or permit; and Enrolled Copy H.B. 30
2467+2384the upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
2468+238523A-3-208.
2469+2386 Section 77. Section 23A-4-402, which is renumbered from Section 23-19-17.5 is
2470+2387renumbered and amended to read:
2471+2388 [23-19-17.5]. 23A-4-402. Lifetime hunting and fishing licenses.
2472+2389 (1) [Lifetime licensees] A lifetime licensee who is born after December 31, 1965, shall
2473+2390complete the hunter education requirements under Section [23-19-11] 23A-4-1001 before
2474+2391engaging in hunting.
2475+2392 (2) A lifetime license [shall remain] remains valid if the residency of the lifetime
2476+2393licensee changes to another state or country.
2477+2394 (3) (a) A lifetime license may be used in lieu of a hunting or fishing license.
2478+2395 (b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag
2479+2396of the lifetime licensee's choice for one of the following general season deer hunts:
2480+2397 (i) archery;
2481+2398 (ii) rifle; or
2482+2399 (iii) muzzleloader.
2483+2400 (c) A lifetime licensee is subject to each requirement for special hunting and fishing
2484+2401permits and tags, except as provided in Subsections (3)(a) and (b).
2485+2402 (4) The Wildlife Board may [adopt] make rules, in accordance with Title 63G, Chapter
2486+24033, Utah Administrative Rulemaking Act, necessary to carry out [the provisions of] this section.
2487+2404 Section 78. Section 23A-4-501, which is renumbered from Section 23-19-15 is
2488+2405renumbered and amended to read:
2489+2406 Part 5. License Agents
2490+2407 [23-19-15]. 23A-4-501. Wildlife license agents.
2491+2408 (1) The director [of the division] may designate wildlife license agents to sell licenses,
2492+2409permits, and tags.
2493+2410 (2) [Wildlife license agents] A wildlife license agent may:
2494+2411 (a) sell [licenses, permits, and tags to all eligible applicants, except those licenses,
2495+2412permits, and tags] a license, permit, or tag to an eligible applicant, except for a license, permit,
2496+2413or tag specified in Subsection [23-19-16] 23A-4-503(2) which may be sold only by the
2497+2414division; and 12-19-22 10:31 PM H.B. 30
22642498 - 79 -
2265-2186 (iv) the license, certificate, or permit is surrendered before the end of the season for
2266-2187which the permit was issued; or
2267-2188 (d) the person to whom the license, certificate, or permit is issued dies [prior to] before
2268-2189the person being able to use the license, certificate, or permit.
2269-2190 (3) The Wildlife Board may establish additional exceptions [in rule] to the refund
2270-2191prohibitions in Subsection (1) by rule made in accordance with Title 63G, Chapter 3, Utah
2271-2192Administrative Rulemaking Act.
2272-2193 (4) The [division] director may reallocate surrendered permits in accordance with rules
2273-2194[adopted] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
2274-2195Administrative Rulemaking Act.
2275-2196 Section 67. Section 23A-4-208, which is renumbered from Section 23-19-10 is
2276-2197renumbered and amended to read:
2277-2198 [23-19-10]. 23A-4-208. Duplicate license, permit, tag, or certificate of
2278-2199registration.
2279-2200 If an unexpired license, permit, tag, or certificate of registration issued under [the
2280-2201provisions of this code] this title is destroyed, lost, or stolen, the [Division of Wildlife
2281-2202Resources and its] division, a person designated by the director, or the division's authorized
2282-2203license agents may issue a duplicate license, permit, tag, or certificate of registration in
2283-2204accordance with the rules set and fees determined by the Wildlife Board.
2284-2205 Section 68. Section 23A-4-209, which is renumbered from Section 23-19-42 is
2285-2206renumbered and amended to read:
2286-2207 [23-19-42]. 23A-4-209. Search and rescue surcharge.
2287-2208 (1) In addition to the fees imposed under this [chapter] title, there is imposed a 25 cent
2288-2209surcharge on [each] a fishing, hunting, or combination license.
2289-2210 (2) [This] The surcharge imposed under Subsection (1) shall be deposited in the
2290-2211General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program
2291-2212created under Section [53-2a-1101] 53-2a-1102.
2292-2213 Section 69. Section 23A-4-210, which is renumbered from Section 23-19-45 is H.B. 30 Enrolled Copy
2499+2415 (b) collect a fee for [each] a license, permit, or tag sold.
2500+2416 (3) A wildlife license agent shall receive:
2501+2417 (a) for [any] a wildlife license, permit, or tag having a fee equal to $10 or less [and] but
2502+2418greater than $1, 50 cents for [each] a wildlife license, permit, or tag sold; and
2503+2419 (b) for [any] a wildlife license, permit, or tag having a fee greater than $10, 5% of the
2504+2420fee.
2505+2421 (4) The division may require a wildlife license [agents] agent to obtain a bond in a
2506+2422reasonable amount.
2507+2423 (5) (a) As directed by the division, [each] a wildlife license agent shall:
2508+2424 (i) report [all] the wildlife license agent's sales to the division; and
2509+2425 (ii) submit [all of] to the division the fees obtained from the sale of licenses, permits,
2510+2426and tags less the remuneration provided in Subsection (3).
2511+2427 (b) If a wildlife license agent fails to pay the amount due, the division may assess a
2512+2428penalty of 20% of the amount due. [All delinquent payments] A delinquent payment shall bear
2513+2429interest at the rate of 1% per month. If the amount due is not paid because of bad faith or
2514+2430fraud, the division shall assess a penalty of 100% of the total amount due together with interest.
2515+2431 (c) [All fees] Fees, except the remuneration provided in Subsection (3), shall:
2516+2432 (i) be kept separate from the private [funds] money of the wildlife license agents; and
2517+2433 (ii) belong to the state.
2518+2434 (6) A wildlife license agent may not intentionally:
2519+2435 (a) fail to date or misdate a license, permit, or tag;
2520+2436 (b) issue a hunting license or permit to an individual until that individual furnishes
2521+2437proof of successful completion of a division-approved hunter education course as provided in
2522+2438Section [23-19-11] 23A-4-1001; or
2523+2439 (c) issue a furbearer license to an individual until that individual furnishes proof of
2524+2440successful completion of a division-approved furharvester education course as provided in
2525+2441Section [23-19-11.5] 23A-4-1005.
2526+2442 [(7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a
2527+2443class B misdemeanor.]
2528+2444 [(b) A violation of this section is a class A misdemeanor if the aggregate amount
2529+2445required under Subsection (5)(a):] H.B. 30 12-19-22 10:31 PM
22932530 - 80 -
2294-2214renumbered and amended to read:
2295-2215 [23-19-45]. 23A-4-210. Fees and certificates of registration to harvest brine
2296-2216shrimp eggs.
2297-2217 [(1)] The Wildlife Board may not impose [fees] a fee to harvest brine shrimp eggs other
2298-2218than a certificate of registration [fees] fee.
2299-2219 [(2) Each person holding certificates of registration for the harvesting of brine shrimp
2300-2220eggs in the 1996-97 harvesting season may obtain the same number of certificates of
2301-2221registration for the 1997-98 and 1998-99 harvesting seasons upon payment of the required fee.]
2302-2222 Section 70. Section 23A-4-301, which is renumbered from Section 23-19-38.2 is
2303-2223renumbered and amended to read:
2304-2224 Part 3. Special Circumstances
2305-2225 [23-19-38.2]. 23A-4-301. Refunds for armed forces or public health or
2306-2226safety organization members.
2307-2227 (1) A member of the United States Armed Forces or public health or public safety
2308-2228organization who is mobilized or deployed on order in the interest of national defense or
2309-2229emergency and is precluded from using a purchased license, certificate, tag, or permit, may, as
2310-2230provided in Subsection (2):
2311-2231 (a) receive a refund from the division; and
2312-2232 (b) if the person has drawn a permit, have [all] the opportunities to draw that permit in
2313-2233a future draw reinstated.
2314-2234 (2) To qualify, the person or a legal representative shall:
2315-2235 (a) notify the division within a reasonable amount of time that the person is applying
2316-2236for a refund;
2317-2237 (b) surrender the license, certificate, tag, or permit to the division; and
2318-2238 (c) furnish satisfactory proof to the division that the person:
2319-2239 (i) is a member of:
2320-2240 (A) the United States Armed Forces;
2321-2241 (B) a public health organization; or Enrolled Copy H.B. 30
2531+2446 [(i) is at least $1,000, but less than $10,000;]
2532+2447 [(ii) is not submitted for one or more months; and]
2533+2448 [(iii) remains uncollectable.]
2534+2449 [(c) A violation of this section is a felony of the third degree if the aggregate amount
2535+2450required under Subsection (5)(a):]
2536+2451 [(i) is $10,000 or more;]
2537+2452 [(ii) is not submitted for one or more months; and]
2538+2453 [(iii) remains uncollectable.]
2539+2454 [(8) Violation of any provision of this section may be cause for revocation of the
2540+2455wildlife license agent authorization.]
2541+2456 Section 79. Section 23A-4-502 is enacted to read:
2542+2457 23A-4-502. Violations by a wildlife license agent -- Criminal penalty.
2543+2458 (1) A person is guilty of an unlawful act if the actor:
2544+2459 (a) fails to take an action required by Section 23A-4-501; or
2545+2460 (b) takes an action prohibited by Section 23A-4-501.
2546+2461 (2) (a) Except as provided in Subsections (2)(b) and (c), a violation of Subsection (1) is
2547+2462a class B misdemeanor.
2548+2463 (b) A violation of Subsection (1) is a class A misdemeanor if the aggregate amount
2549+2464required under Subsection 23A-4-501(5)(a):
2550+2465 (i) is at least $1,000, but less than $10,000;
2551+2466 (ii) is not submitted for one or more months; and
2552+2467 (iii) remains uncollectable.
2553+2468 (c) A violation of Subsection (1) is a felony of the third degree if the aggregate amount
2554+2469required under Subsection 23A-4-501(5)(a):
2555+2470 (i) is $10,000 or more;
2556+2471 (ii) is not submitted for one or more months; and
2557+2472 (iii) remains uncollectable.
2558+2473 (3) A violation of Subsection (1) may be cause for revocation of the wildlife license
2559+2474agent authorization.
2560+2475 Section 80. Section 23A-4-503, which is renumbered from Section 23-19-16 is
2561+2476renumbered and amended to read: 12-19-22 10:31 PM H.B. 30
23222562 - 81 -
2323-2242 (C) a public safety organization; and
2324-2243 (ii) was precluded from using the license, certificate, tag, or permit as a result of being
2325-2244called to active duty.
2326-2245 (3) The Wildlife Board may [adopt] make rules in accordance with Title 63G, Chapter
2327-22463, Utah Administrative Rulemaking Act, necessary to administer this section including
2328-2247allowing retroactive refund to September 11, 2001.
2329-2248 Section 71. Section 23A-4-302, which is renumbered from Section 23-19-38.3 is
2330-2249renumbered and amended to read:
2331-2250 [23-19-38.3]. 23A-4-302. Licenses for disabled veterans.
2332-2251 (1) The [division] Wildlife Board shall make rules in accordance with Title 63G,
2333-2252Chapter 3, Utah Administrative Rulemaking Act, under which a veteran with a disability may
2334-2253receive a hunting, fishing, or combination license free or at a reduced price.
2335-2254 (2) In making rules under this section, the [division] Wildlife Board shall:
2336-2255 (a) use the same guidelines for disability as the United States Department of Veterans
2337-2256Affairs; and
2338-2257 (b) provide at a minimum a reduction under this section of 25% of the full fee.
2339-2258 Section 72. Section 23A-4-303, which is renumbered from Section 23-19-14 is
2340-2259renumbered and amended to read:
2341-2260 [23-19-14]. 23A-4-303. Persons residing in certain institutions may fish without
2342-2261license.
2343-2262 (1) The [Division of Wildlife Resources] division shall permit a person to fish without
2344-2263a license if:
2345-2264 (a) (i) the person resides in:
2346-2265 (A) the Utah State Developmental Center in American Fork;
2347-2266 (B) the state hospital;
2348-2267 (C) a veterans hospital;
2349-2268 (D) a veterans nursing home;
2350-2269 (E) a mental health center; H.B. 30 Enrolled Copy
2563+2477 [23-19-16]. 23A-4-503. Licenses obtained from agents of division.
2564+2478 (1) [Licenses] A person may obtain a license provided for in [Sections 23-19-17
2565+2479through 23-19-27 may be obtained] the following sections from the division or one of [its] the
2566+2480division's authorized wildlife license agents:
2567+2481 (a) Section 23A-4-401;
2568+2482 (b) Section 23A-4-601;
2569+2483 (c) Sections 23A-4-703 through 23A-4-707; and
2570+2484 (d) Section 23A-4-901.
2571+2485 (2) [Licenses] A person may obtain a license provided for in [Sections 23-19-17.5,
2572+248623-19-34.7, and 23-19-36 may be obtained] Section 23A-4-305, 23A-4-402, or 23A-4-802 only
2573+2487from the division.
2574+2488 Section 81. Section 23A-4-601, which is renumbered from Section 23-19-21 is
2575+2489renumbered and amended to read:
2576+2490 Part 6. Fishing
2577+2491 [23-19-21]. 23A-4-601. Fishing license.
2578+2492 (1) A person 12 years [of age] old or older shall purchase a fishing license before
2579+2493engaging in a regulated fishing activity.
2580+2494 (2) Upon paying the fee prescribed by the Wildlife Board, a person may obtain a
2581+2495license to fish and engage in a regulated fishing activity in accordance with the rules,
2582+2496proclamations, and orders of the Wildlife Board.
2583+2497 (3) A person under 12 years [of age] old may fish without a license in accordance with
2584+2498the rules, proclamations, and orders of the Wildlife Board.
2585+2499 Section 82. Section 23A-4-602, which is renumbered from Section 23-19-35 is
2586+2500renumbered and amended to read:
2587+2501 [23-19-35]. 23A-4-602. Seining registration.
2588+2502 [Any] A person, upon application to the Wildlife Board, may be registered to seine.
2589+2503 Section 83. Section 23A-4-701, which is renumbered from Section 23-19-14.6 is
2590+2504renumbered and amended to read:
2591+2505 Part 7. Hunting
2592+2506 [23-19-14.6]. 23A-4-701. Trial hunting authorization.
2593+2507 (1) Upon application, the division may issue a trial hunting authorization to an H.B. 30 12-19-22 10:31 PM
23512594 - 82 -
2352-2270 (F) an intermediate care facility for people with an intellectual disability;
2353-2271 (G) a group home licensed by the Department of Human Services and operated under
2354-2272contract with the Division of Services for People with Disabilities;
2355-2273 (H) a group home or other community-based placement licensed by the Department of
2356-2274Human Services and operated under contract with the Division of Juvenile Justice Services;
2357-2275 (I) a private residential facility for at-risk youth licensed by the Department of Human
2358-2276Services; or
2359-2277 (J) another similar institution approved by the division; or
2360-2278 (ii) the person is a youth who participates in a work camp operated by the Division of
2361-2279Juvenile Justice Services;
2362-2280 (b) the person is properly supervised by a representative of the institution described in
2363-2281Subsection (1)(a); and
2364-2282 (c) the institution described in Subsection (1)(a) obtains from the division a certificate
2365-2283of registration that specifies:
2366-2284 (i) the date and place where the person will fish; and
2367-2285 (ii) the name of the institution's representative who will supervise the person fishing.
2368-2286 (2) The institution described in Subsection (1) shall apply for the certificate of
2369-2287registration at least 10 days before the fishing outing.
2370-2288 (3) (a) An institution that receives a certificate of registration authorizing at-risk youth
2371-2289to fish shall provide instruction to the youth on fishing laws and regulations.
2372-2290 (b) The division shall provide educational materials to the institution to assist [it] the
2373-2291institution in complying with Subsection (3)(a).
2374-2292 Section 73. Section 23A-4-304, which is renumbered from Section 23-19-14.5 is
2375-2293renumbered and amended to read:
2376-2294 [23-19-14.5]. 23A-4-304. Persons participating in youth organization or
2377-2295school activity may fish without license.
2378-2296 (1) As used in this section:
2379-2297 (a) "School" means an elementary school or a secondary school that: Enrolled Copy H.B. 30
2595+2508individual who:
2596+2509 (a) is 11 years [of age] old or older at the time of application;
2597+2510 (b) is eligible under state and federal law to possess a firearm and archery equipment;
2598+2511and
2599+2512 (c) (i) was born after 1965; and
2600+2513 (ii) has not completed a division approved hunter education course.
2601+2514 (2) Notwithstanding [the requirements of Section 23-19-11] Section 23A-4-1001, an
2602+2515individual who [has obtained] obtains a trial hunting authorization under Subsection (1) may
2603+2516obtain:
2604+2517 (a) a hunting license under [Sections 23-19-17, 23-19-24, and 23-19-26] Section
2605+251823A-4-401, 23A-4-706, or 23A-4-707; or
2606+2519 (b) a hunting permit authorized by the Wildlife Board under Subsection (4).
2607+2520 (3) An individual who [has obtained] obtains a hunting license or permit with a trial
2608+2521hunting authorization under Subsection (2) may use the license or permit if the individual is:
2609+2522 (a) 12 years [of age] old or older; and
2610+2523 (b) accompanied, as defined in Subsection [23-20-20] 23A-4-708(1), in the field while
2611+2524hunting by an individual who:
2612+2525 (i) is 21 years [of age] old or older;
2613+2526 (ii) is eligible under state and federal law to possess a firearm and archery equipment;
2614+2527 (iii) possesses a current Utah hunting or combination license;
2615+2528 (iv) has satisfied applicable hunter education requirements under this chapter; and
2616+2529 (v) possesses the written consent of the holder's parent or legal guardian, if
2617+2530accompanying a holder of a trial hunting authorization who is under 18 years [of age] old.
2618+2531 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2619+2532Wildlife Board may make rules to:
2620+2533 (a) designate the types of hunting permits under Subsection (2) that may be obtained
2621+2534with a trial hunting authorization;
2622+2535 (b) establish the term of a trial hunting authorization;
2623+2536 (c) establish the number of years a person may obtain a trial hunting authorization;
2624+2537 (d) prescribe the number of individuals using a trial hunting authorization that an
2625+2538individual may accompany in the field under Subsection (3) at a single time; 12-19-22 10:31 PM H.B. 30
23802626 - 83 -
2381-2298 (i) is a public or private school located in the state; and
2382-2299 (ii) provides student instruction for one or more years of kindergarten through grade 9.
2383-2300 (b) "Youth organization" means a local Utah chapter of:
2384-2301 (i) the Boy Scouts of America;
2385-2302 (ii) the Girls Scouts of the USA; or
2386-2303 (iii) an organization that:
2387-2304 (A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and
2388-2305 (B) promotes character building through outdoor activities.
2389-2306 (2) The [Division of Wildlife Resources] division shall permit a person to fish without
2390-2307a license during a youth organization or school activity if:
2391-2308 (a) the person is:
2392-2309 (i) (A) a member of the youth organization; or
2393-2310 (B) a student enrolled in the school; and
2394-2311 (ii) younger than 16 years old;
2395-2312 (b) the fishing is in compliance with [all] the fishing statutes and rules;
2396-2313 (c) the activity is part of a recreational or instructional program of the youth
2397-2314organization or school; and
2398-2315 (d) an adult leader of the activity obtains from the youth organization or school:
2399-2316 (i) a valid tour permit; or
2400-2317 (ii) documentation that specifies:
2401-2318 (A) the date and place of the fishing activity;
2402-2319 (B) the name of the adult leader that will supervise the fishing; and
2403-2320 (C) that the activity is officially sanctioned or authorized by the youth organization or
2404-2321school.
2405-2322 (3) (a) The adult leader shall:
2406-2323 (i) possess a valid Utah fishing or combination license; and
2407-2324 (ii) instruct the activity participants on fishing statutes and rules.
2408-2325 (b) The division shall provide educational materials on [its] the division's website to H.B. 30 Enrolled Copy
2627+2539 (e) establish the application process for an individual to obtain a trial hunting
2628+2540authorization; and
2629+2541 (f) administer and enforce [the provisions of] this section.
2630+2542 Section 84. Section 23A-4-702, which is renumbered from Section 23-19-49 is
2631+2543renumbered and amended to read:
2632+2544 [23-19-49]. 23A-4-702. Air rifle hunting.
2633+2545 (1) As used in this section[:(a) "Division" means the Division of Wildlife
2634+2546Resources.(b) "Pre-charged], "pre-charged pneumatic air rifle" means a rifle that fires a single
2635+2547projectile with compressed air released from a chamber:
2636+2548 [(i)] (a) built into the rifle; and
2637+2549 [(ii)] (b) pressurized at a minimum of 2,000 pounds per square inch from an external
2638+2550high compression device or source, such as a hand pump, compressor, or scuba tank.
2639+2551 (2) (a) An individual shall obtain a permit issued under this section before using a
2640+2552pre-charged pneumatic air rifle to hunt a species of wildlife designated by the Wildlife Board.
2641+2553 (b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,
2642+2554Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
2643+2555the use of a pre-charged pneumatic air rifle.
2644+2556 (3) The division shall review the funding available for the regulation of hunting with
2645+2557pre-charged pneumatic air rifles and report the division's findings to the Natural Resources,
2646+2558Agriculture, and Environment Interim Committee by no later than the November 2024 interim
2647+2559committee meeting.
2648+2560 Section 85. Section 23A-4-703, which is renumbered from Section 23-19-22 is
2649+2561renumbered and amended to read:
2650+2562 [23-19-22]. 23A-4-703. Big game hunting permit.
2651+2563 (1) A person who is at least 12 years old[, upon paying the big game hunting permit fee
2652+2564established by the Wildlife Board, paying the fee established by Subsection (4), and possessing
2653+2565a valid hunting or combination license,] may apply for or obtain a permit to hunt big game as
2654+2566provided by [rules and proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2655+2567 (a) paying the big game hunting permit fee established by the Wildlife Board;
2656+2568 (b) paying the fee established by Subsection (4); and
2657+2569 (c) possessing a valid hunting or combination license. H.B. 30 12-19-22 10:31 PM
24092658 - 84 -
2410-2326assist the adult leader in complying with Subsection (3)(a).
2411-2327 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2412-2328Wildlife Board shall adopt rules specifying the form of the documentation required under
2413-2329Subsection (2)(d)(ii).
2414-2330 Section 74. Section 23A-4-305, which is renumbered from Section 23-19-36 is
2415-2331renumbered and amended to read:
2416-2332 [23-19-36]. 23A-4-305. Persons with a physical or intellectual disability,
2417-2333terminally ill persons, and children in the custody of the state may fish for free.
2418-2334 (1) A resident who is blind, has paraplegia, or has another permanent disability so as to
2419-2335be permanently confined to a wheelchair or the use of crutches, or who has lost either or both
2420-2336lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this
2421-2337fact to the [Division of Wildlife Resources] division.
2422-2338 (2) A resident who has an intellectual disability and is not eligible under Section
2423-2339[23-19-14] 23A-4-303 to fish without a license may receive a free license to fish upon
2424-2340furnishing verification from a physician or physician assistant that the person has an
2425-2341intellectual disability.
2426-2342 (3) A resident who is terminally ill, and has less than five years to live, may receive a
2427-2343free license to fish:
2428-2344 (a) upon furnishing verification from a physician or physician assistant; and
2429-2345 (b) if the resident qualifies for assistance under [any] a low income public assistance
2430-2346program administered by a state agency.
2431-2347 (4) A child placed in the custody of the state by a court order may receive a free fishing
2432-2348license upon furnishing verification of custody to the [Division of Wildlife Resources]
2433-2349division.
2434-2350 Section 75. Section 23A-4-306, which is renumbered from Section 23-19-39 is
2435-2351renumbered and amended to read:
2436-2352 [23-19-39]. 23A-4-306. Additional appropriation.
2437-2353 The division each year shall request the Legislature to appropriate from the General Enrolled Copy H.B. 30
2659+2570 (2) (a) A person who is 11 years old may apply for or obtain a big game hunting permit
2660+2571consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
2661+2572calendar year for which the permit is issued.
2662+2573 (b) A person may not use a permit to hunt big game before the person's 12th birthday.
2663+2574 (3) [One] The division shall use one dollar of [each] a big game permit fee collected
2664+2575from a resident [shall be used] for the hunter education program as provided in Section
2665+2576[23-19-17] 23A-4-401.
2666+2577 (4) There is established a fee in the amount of $5 added to [each] a permit under this
2667+2578section to be deposited in the Predator Control Restricted Account.
2668+2579 Section 86. Section 23A-4-704, which is renumbered from Section 23-19-22.5 is
2669+2580renumbered and amended to read:
2670+2581 [23-19-22.5]. 23A-4-704. Cougar or bear hunting permit.
2671+2582 (1) A person 12 years [of age] old or older[, upon paying the cougar or bear hunting
2672+2583permit fee established by the Wildlife Board and possessing a valid hunting or combination
2673+2584license,] may apply for or obtain a permit to take cougar or bear as provided by [rules and
2674+2585proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2675+2586 (a) paying the cougar or bear hunting permit fee established by the Wildlife Board; and
2676+2587 (b) possessing a valid hunting or combination license.
2677+2588 (2) A person 11 years [of age] old may apply for or obtain a cougar or bear hunting
2678+2589permit consistent with the requirements of Subsection (1) if that person's 12th birthday falls
2679+2590within the calendar year in which the permit is issued.
2680+2591 (3) [One] The division shall use one dollar of [each] a cougar or bear permit fee
2681+2592collected from a resident [shall be used] for the hunter education program.
2682+2593 Section 87. Section 23A-4-705, which is renumbered from Section 23-19-22.6 is
2683+2594renumbered and amended to read:
2684+2595 [23-19-22.6]. 23A-4-705. Turkey hunting permit -- Use of fee.
2685+2596 (1) [A person, upon paying the turkey permit fee established by the Wildlife Board and
2686+2597possessing a valid hunting or combination license,] A person may apply for or obtain a permit
2687+2598to take turkey as provided by [rules and proclamations] a rule or proclamation of the Wildlife
2688+2599Board[.] upon:
2689+2600 (a) paying the turkey permit fee established by the Wildlife Board; and 12-19-22 10:31 PM H.B. 30
24382690 - 85 -
2439-2354Fund in [the] an appropriations act, for deposit in the Wildlife Resources Restricted Account, a
2440-2355sum equal to the total of the fees, as determined by the previous year's license sales, that would
2441-2356have otherwise been collected for fishing licenses had full fees been paid by those 65 years [of
2442-2357age] old or older or those who received free fishing privileges under [the provisions of Section
2443-235823-19-14 or 23-19-36] Section 23A-4-303 or 23A-4-305.
2444-2359 Section 76. Section 23A-4-401, which is renumbered from Section 23-19-17 is
2445-2360renumbered and amended to read:
2446-2361 Part 4. Combined or Lifetime Licenses
2447-2362 [23-19-17]. 23A-4-401. Resident fishing and hunting license -- Use of fee.
2448-2363 (1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
2449-2364provided by the Wildlife Board's rules, a combination license to:
2450-2365 (a) fish;
2451-2366 (b) hunt for small game; and
2452-2367 (c) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2453-2368 (2) Up to $1 of the combination license fee may be used for the hunter education
2454-2369program for any of the following:
2455-2370 (a) instructor and student training;
2456-2371 (b) assisting local organizations with development;
2457-2372 (c) maintenance of existing facilities; or
2458-2373 (d) operation and maintenance of the hunter education program.
2459-2374 (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
2460-2375program to:
2461-2376 (i) acquire pen-raised birds; or
2462-2377 (ii) capture and transplant upland game species.
2463-2378 (b) The combination license fee revenue designated for the upland game program by
2464-2379Subsection (3)(a) is in addition to [any] combination license fee revenue that may be used for
2465-2380the upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
2466-238123A-3-208. H.B. 30 Enrolled Copy
2691+2601 (b) possessing a valid hunting or combination license.
2692+2602 (2) [One] The division shall use one dollar of [each] a turkey permit fee collected from
2693+2603a resident [shall be used] for the hunter education program.
2694+2604 Section 88. Section 23A-4-706, which is renumbered from Section 23-19-24 is
2695+2605renumbered and amended to read:
2696+2606 [23-19-24]. 23A-4-706. Resident hunting license -- Use of fee.
2697+2607 (1) A resident[, after paying the fee established by the Wildlife Board,] may obtain a
2698+2608hunting license after paying the fee established by the Wildlife Board.
2699+2609 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
2700+2610Board's rules and proclamations:
2701+2611 (a) take small game; and
2702+2612 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2703+2613 (3) Up to $1 of the hunting license fee may be used for the hunter education program.
2704+2614 (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2705+2615program to:
2706+2616 (i) acquire pen-raised birds; or
2707+2617 (ii) capture and transplant upland game species.
2708+2618 (b) The hunting license fee revenue designated for the upland game program by
2709+2619Subsection (4)(a) is in addition to [any] hunting license fee revenue that may be used for the
2710+2620upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
2711+262123A-3-208.
2712+2622 Section 89. Section 23A-4-707, which is renumbered from Section 23-19-26 is
2713+2623renumbered and amended to read:
2714+2624 [23-19-26]. 23A-4-707. Nonresident hunting license -- Use of fee.
2715+2625 (1) A nonresident[, after paying the fee established by the Wildlife Board,] may obtain
2716+2626a hunting license after paying the fee established by the Wildlife Board.
2717+2627 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
2718+2628Board's rules and proclamations:
2719+2629 (a) take small game; and
2720+2630 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2721+2631 (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game H.B. 30 12-19-22 10:31 PM
24672722 - 86 -
2468-2382 Section 77. Section 23A-4-402, which is renumbered from Section 23-19-17.5 is
2469-2383renumbered and amended to read:
2470-2384 [23-19-17.5]. 23A-4-402. Lifetime hunting and fishing licenses.
2471-2385 (1) [Lifetime licensees] A lifetime licensee who is born after December 31, 1965, shall
2472-2386complete the hunter education requirements under Section [23-19-11] 23A-4-1001 before
2473-2387engaging in hunting.
2474-2388 (2) A lifetime license [shall remain] remains valid if the residency of the lifetime
2475-2389licensee changes to another state or country.
2476-2390 (3) (a) A lifetime license may be used in lieu of a hunting or fishing license.
2477-2391 (b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag
2478-2392of the lifetime licensee's choice for one of the following general season deer hunts:
2479-2393 (i) archery;
2480-2394 (ii) rifle; or
2481-2395 (iii) muzzleloader.
2482-2396 (c) A lifetime licensee is subject to each requirement for special hunting and fishing
2483-2397permits and tags, except as provided in Subsections (3)(a) and (b).
2484-2398 (4) The Wildlife Board may [adopt] make rules, in accordance with Title 63G, Chapter
2485-23993, Utah Administrative Rulemaking Act, necessary to carry out [the provisions of] this section.
2486-2400 Section 78. Section 23A-4-501, which is renumbered from Section 23-19-15 is
2487-2401renumbered and amended to read:
2488-2402 Part 5. License Agents
2489-2403 [23-19-15]. 23A-4-501. Wildlife license agents.
2490-2404 (1) The director [of the division] may designate wildlife license agents to sell licenses,
2491-2405permits, and tags.
2492-2406 (2) [Wildlife license agents] A wildlife license agent may:
2493-2407 (a) sell [licenses, permits, and tags to all eligible applicants, except those licenses,
2494-2408permits, and tags] a license, permit, or tag to an eligible applicant, except for a license, permit,
2495-2409or tag specified in Subsection [23-19-16] 23A-4-503(2) which may be sold only by the Enrolled Copy H.B. 30
2723+2632program to:
2724+2633 (i) acquire pen-raised birds; or
2725+2634 (ii) capture and transplant upland game species.
2726+2635 (b) The hunting license fee revenue designated for the upland game program by
2727+2636Subsection (3)(a) is in addition to [any] hunting license fee revenue that may be used for the
2728+2637upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
2729+263823A-3-208.
2730+2639 Section 90. Section 23A-4-708, which is renumbered from Section 23-20-20 is
2731+2640renumbered and amended to read:
2732+2641 [23-20-20]. 23A-4-708. Children accompanied by adults while hunting with
2733+2642weapon.
2734+2643 (1) As used in this section:
2735+2644 (a) "Accompanied" means at a distance within which visual and verbal communication
2736+2645is maintained for the purposes of advising and assisting.
2737+2646 (b) (i) "Electronic device" means a mechanism powered by electricity that allows
2738+2647communication between two or more people.
2739+2648 (ii) "Electronic device" includes a mobile telephone or two-way radio.
2740+2649 (c) "Verbal communication" means the conveyance of information through speech that
2741+2650does not involve an electronic device.
2742+2651 (2) A person younger than 14 years old who is hunting with [any] a weapon shall be
2743+2652accompanied by:
2744+2653 (a) the person's parent or legal guardian; or
2745+2654 (b) a responsible person who is at least 21 years old and who is approved by the
2746+2655person's parent or guardian.
2747+2656 (3) A person younger than 16 years old who is hunting big game with [any] a weapon
2748+2657shall be accompanied by:
2749+2658 (a) the person's parent or legal guardian; or
2750+2659 (b) a responsible person who is at least 21 years old and who is approved by the
2751+2660person's parent or guardian.
2752+2661 (4) A person who is at least 14 years old but younger than 16 years old shall be
2753+2662accompanied by a person who is at least 21 years old while hunting wildlife, other than big 12-19-22 10:31 PM H.B. 30
24962754 - 87 -
2497-2410division; and
2498-2411 (b) collect a fee for [each] a license, permit, or tag sold.
2499-2412 (3) A wildlife license agent shall receive:
2500-2413 (a) for [any] a wildlife license, permit, or tag having a fee equal to $10 or less [and] but
2501-2414greater than $1, 50 cents for [each] a wildlife license, permit, or tag sold; and
2502-2415 (b) for [any] a wildlife license, permit, or tag having a fee greater than $10, 5% of the
2503-2416fee.
2504-2417 (4) The division may require a wildlife license [agents] agent to obtain a bond in a
2505-2418reasonable amount.
2506-2419 (5) (a) As directed by the division, [each] a wildlife license agent shall:
2507-2420 (i) report [all] the wildlife license agent's sales to the division; and
2508-2421 (ii) submit [all of] to the division the fees obtained from the sale of licenses, permits,
2509-2422and tags less the remuneration provided in Subsection (3).
2510-2423 (b) If a wildlife license agent fails to pay the amount due, the division may assess a
2511-2424penalty of 20% of the amount due. [All delinquent payments] A delinquent payment shall bear
2512-2425interest at the rate of 1% per month. If the amount due is not paid because of bad faith or
2513-2426fraud, the division shall assess a penalty of 100% of the total amount due together with interest.
2514-2427 (c) [All fees] Fees, except the remuneration provided in Subsection (3), shall:
2515-2428 (i) be kept separate from the private [funds] money of the wildlife license agents; and
2516-2429 (ii) belong to the state.
2517-2430 (6) A wildlife license agent may not intentionally:
2518-2431 (a) fail to date or misdate a license, permit, or tag;
2519-2432 (b) issue a hunting license or permit to an individual until that individual furnishes
2520-2433proof of successful completion of a division-approved hunter education course as provided in
2521-2434Section [23-19-11] 23A-4-1001; or
2522-2435 (c) issue a furbearer license to an individual until that individual furnishes proof of
2523-2436successful completion of a division-approved furharvester education course as provided in
2524-2437Section [23-19-11.5] 23A-4-1005. H.B. 30 Enrolled Copy
2755+2663game, with [any] a weapon.
2756+2664 Section 91. Section 23A-4-709, which is renumbered from Section 23-20-30 is
2757+2665renumbered and amended to read:
2758+2666 [23-20-30]. 23A-4-709. Tagging requirements.
2759+2667 (1) The Wildlife Board may make rules that require the carcass of certain species of
2760+2668protected wildlife to be tagged.
2761+2669 (2) Except as provided by the Wildlife Board by rules made in accordance with Title
2762+267063G, Chapter 3, Utah Administrative Rulemaking Act, a hunter shall tag the carcass of [any] a
2763+2671species of protected wildlife required to be tagged [shall be tagged] before the carcass is moved
2764+2672from or the hunter leaves the site of kill.
2765+2673 (3) To tag a carcass, a person shall:
2766+2674 (a) (i) completely detach the tag from the license or permit;
2767+2675 (ii) completely remove the appropriate notches to correspond with:
2768+2676 (A) the date the animal was taken; and
2769+2677 (B) the sex of the animal; and
2770+2678 (iii) attach the tag to the carcass so that the tag remains securely fastened and visible;
2771+2679or
2772+2680 (b) complete an electronic tagging certification according to standards approved by the
2773+2681Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2774+2682Rulemaking Act.
2775+2683 (4) A person may not:
2776+2684 (a) remove more than one notch indicating date or sex; or
2777+2685 (b) tag more than one carcass using the same tag.
2778+2686 Section 92. Section 23A-4-801, which is renumbered from Section 23-19-34.5 is
2779+2687renumbered and amended to read:
2780+2688 Part 8. Falconry
2781+2689 [23-19-34.5]. 23A-4-801. Falconry certificate of registration -- Residents
2782+269012 or older may obtain certificate of registration -- License for falconry meet for
2783+2691nonresidents -- Wildlife Board approval required for falconry meet -- Hunting license
2784+2692required to take protected game.
2785+2693 (1) A resident 12 years [of age] old or older[, upon application to the division,] may H.B. 30 12-19-22 10:31 PM
25252786 - 88 -
2526-2438 [(7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a
2527-2439class B misdemeanor.]
2528-2440 [(b) A violation of this section is a class A misdemeanor if the aggregate amount
2529-2441required under Subsection (5)(a):]
2530-2442 [(i) is at least $1,000, but less than $10,000;]
2531-2443 [(ii) is not submitted for one or more months; and]
2532-2444 [(iii) remains uncollectable.]
2533-2445 [(c) A violation of this section is a felony of the third degree if the aggregate amount
2534-2446required under Subsection (5)(a):]
2535-2447 [(i) is $10,000 or more;]
2536-2448 [(ii) is not submitted for one or more months; and]
2537-2449 [(iii) remains uncollectable.]
2538-2450 [(8) Violation of any provision of this section may be cause for revocation of the
2539-2451wildlife license agent authorization.]
2540-2452 Section 79. Section 23A-4-502 is enacted to read:
2541-2453 23A-4-502. Violations by a wildlife license agent -- Criminal penalty.
2542-2454 (1) A person is guilty of an unlawful act if the actor:
2543-2455 (a) fails to take an action required by Section 23A-4-501; or
2544-2456 (b) takes an action prohibited by Section 23A-4-501.
2545-2457 (2) (a) Except as provided in Subsections (2)(b) and (c), a violation of Subsection (1) is
2546-2458a class B misdemeanor.
2547-2459 (b) A violation of Subsection (1) is a class A misdemeanor if the aggregate amount
2548-2460required under Subsection 23A-4-501(5)(a):
2549-2461 (i) is at least $1,000, but less than $10,000;
2550-2462 (ii) is not submitted for one or more months; and
2551-2463 (iii) remains uncollectable.
2552-2464 (c) A violation of Subsection (1) is a felony of the third degree if the aggregate amount
2553-2465required under Subsection 23A-4-501(5)(a): Enrolled Copy H.B. 30
2787+2694obtain a certificate of registration to hold falcons and engage in the sport of falconry on
2788+2695nongame wildlife species upon application to the division.
2789+2696 (2) A nonresident entering Utah to participate in the sport of falconry at an organized
2790+2697meet shall obtain a license as provided in Section [23-19-34.7] 23A-4-802.
2791+2698 (3) Organizers of a falconry meet shall apply to and receive approval from the Wildlife
2792+2699Board [in order] to conduct an organized falconry meet.
2793+2700 (4) (a) [Any] A person engaging in the sport of falconry on protected small game
2794+2701species shall possess, in addition to the falconry certificate of registration, a hunting license.
2795+2702 (b) [Any] A nonresident who has been issued a license pursuant to Section
2796+2703[23-19-34.7] 23A-4-802 is not required to possess a hunting license [in order] to take small
2797+2704game during the five-day period of the license.
2798+2705 Section 93. Section 23A-4-802, which is renumbered from Section 23-19-34.7 is
2799+2706renumbered and amended to read:
2800+2707 [23-19-34.7]. 23A-4-802. Nonresident falconry meet license.
2801+2708 (1) A nonresident 12 years [of age] old or older may participate in a falconry meet in
2802+2709this state upon payment of a fee prescribed by the Wildlife Board.
2803+2710 (2) (a) A nonresident falconry meet license is valid only for five consecutive days, the
2804+2711dates to be designated on the license.
2805+2712 (b) The holder of the license may engage in the sport of falconry on nongame wildlife
2806+2713species and small game species[,] during the specified five-day period.
2807+2714 Section 94. Section 23A-4-901, which is renumbered from Section 23-19-27 is
2808+2715renumbered and amended to read:
2809+2716 Part 9. Furbearer License or Registration
2810+2717 [23-19-27]. 23A-4-901. Furbearer license -- Resident or nonresident.
2811+2718 A resident or nonresident[, upon payment of the fee prescribed by the Wildlife Board,]
2812+2719may receive a license to take furbearers upon payment of the fee prescribed by the Wildlife
2813+2720Board.
2814+2721 Section 95. Section 23A-4-902, which is renumbered from Section 23-19-31 is
2815+2722renumbered and amended to read:
2816+2723 [23-19-31]. 23A-4-902. Resident fur dealer registration.
2817+2724 A resident[, upon application to the Wildlife Board,] may be registered as a fur dealer 12-19-22 10:31 PM H.B. 30
25542818 - 89 -
2555-2466 (i) is $10,000 or more;
2556-2467 (ii) is not submitted for one or more months; and
2557-2468 (iii) remains uncollectable.
2558-2469 (3) A violation of Subsection (1) may be cause for revocation of the wildlife license
2559-2470agent authorization.
2560-2471 Section 80. Section 23A-4-503, which is renumbered from Section 23-19-16 is
2561-2472renumbered and amended to read:
2562-2473 [23-19-16]. 23A-4-503. Licenses obtained from agents of division.
2563-2474 (1) [Licenses] A person may obtain a license provided for in [Sections 23-19-17
2564-2475through 23-19-27 may be obtained] the following sections from the division or one of [its] the
2565-2476division's authorized wildlife license agents:
2566-2477 (a) Section 23A-4-401;
2567-2478 (b) Section 23A-4-601;
2568-2479 (c) Sections 23A-4-703 through 23A-4-707; and
2569-2480 (d) Section 23A-4-901.
2570-2481 (2) [Licenses] A person may obtain a license provided for in [Sections 23-19-17.5,
2571-248223-19-34.7, and 23-19-36 may be obtained] Section 23A-4-305, 23A-4-402, or 23A-4-802 only
2572-2483from the division.
2573-2484 Section 81. Section 23A-4-601, which is renumbered from Section 23-19-21 is
2574-2485renumbered and amended to read:
2575-2486 Part 6. Fishing
2576-2487 [23-19-21]. 23A-4-601. Fishing license.
2577-2488 (1) A person 12 years [of age] old or older shall purchase a fishing license before
2578-2489engaging in a regulated fishing activity.
2579-2490 (2) Upon paying the fee prescribed by the Wildlife Board, a person may obtain a
2580-2491license to fish and engage in a regulated fishing activity in accordance with the rules,
2581-2492proclamations, and orders of the Wildlife Board.
2582-2493 (3) A person under 12 years [of age] old may fish without a license in accordance with H.B. 30 Enrolled Copy
2819+2725upon application to the Wildlife Board.
2820+2726 Section 96. Section 23A-4-903, which is renumbered from Section 23-19-32 is
2821+2727renumbered and amended to read:
2822+2728 [23-19-32]. 23A-4-903. Nonresident fur dealer registration.
2823+2729 A nonresident[, upon application to the wildlife board,] may be registered as a fur
2824+2730dealer upon application to the Wildlife Board.
2825+2731 Section 97. Section 23A-4-904, which is renumbered from Section 23-19-33 is
2826+2732renumbered and amended to read:
2827+2733 [23-19-33]. 23A-4-904. Registration of fur dealer's agent.
2828+2734 [Any] A person who is employed by a fur dealer as a fur buyer in the field[, upon
2829+2735application to the Wildlife Board,] may be registered as a fur dealer's agent upon application to
2830+2736the Wildlife Board.
2831+2737 Section 98. Section 23A-4-905, which is renumbered from Section 23-18-5 is
2832+2738renumbered and amended to read:
2833+2739 [23-18-5]. 23A-4-905. Fur dealer and fur dealer's agent -- Certificates of
2834+2740registration required -- Receipts required.
2835+2741 (1) (a) [Any] A person engaging in, carrying on, or conducting, wholly or in part, the
2836+2742business of buying, selling, trading, or dealing, within the state, in the skins or pelts of
2837+2743furbearing mammals [shall be deemed] is considered a fur dealer within the meaning of this
2838+2744[code. All fur dealers] title.
2839+2745 (b) A fur dealer shall secure a fur dealer certificate of registration from the [Division of
2840+2746Wildlife Resources, but no] division, except a certificate of registration [shall be] is not
2841+2747required for:
2842+2748 (i) a licensed trapper or fur farmer selling skins or pelts [which] that the licensed
2843+2749trapper or fur farmer has lawfully taken[,] or raised[, nor for any]; or
2844+2750 (ii) a person who is not a fur dealer and who purchases [any such] skins or pelts
2845+2751described in Subsection (1)(b)(i) exclusively for the person's own use and not for sale.
2846+2752 (2) [Any] (a) A person who is employed by a resident or nonresident fur dealer as a fur
2847+2753buyer, in the field, is [deemed] considered a fur dealer's agent.
2848+2754 [Application] (b) The fur dealer employing an agent shall apply for a fur dealer's agent
2849+2755certificate of registration [shall be made by the fur dealer employing the agent, and no], and an H.B. 30 12-19-22 10:31 PM
25832850 - 90 -
2584-2494the rules, proclamations, and orders of the Wildlife Board.
2585-2495 Section 82. Section 23A-4-602, which is renumbered from Section 23-19-35 is
2586-2496renumbered and amended to read:
2587-2497 [23-19-35]. 23A-4-602. Seining registration.
2588-2498 [Any] A person, upon application to the Wildlife Board, may be registered to seine.
2589-2499 Section 83. Section 23A-4-701, which is renumbered from Section 23-19-14.6 is
2590-2500renumbered and amended to read:
2591-2501 Part 7. Hunting
2592-2502 [23-19-14.6]. 23A-4-701. Trial hunting authorization.
2593-2503 (1) Upon application, the division may issue a trial hunting authorization to an
2594-2504individual who:
2595-2505 (a) is 11 years [of age] old or older at the time of application;
2596-2506 (b) is eligible under state and federal law to possess a firearm and archery equipment;
2597-2507and
2598-2508 (c) (i) was born after 1965; and
2599-2509 (ii) has not completed a division approved hunter education course.
2600-2510 (2) Notwithstanding [the requirements of Section 23-19-11] Section 23A-4-1001, an
2601-2511individual who [has obtained] obtains a trial hunting authorization under Subsection (1) may
2602-2512obtain:
2603-2513 (a) a hunting license under [Sections 23-19-17, 23-19-24, and 23-19-26] Section
2604-251423A-4-401, 23A-4-706, or 23A-4-707; or
2605-2515 (b) a hunting permit authorized by the Wildlife Board under Subsection (4).
2606-2516 (3) An individual who [has obtained] obtains a hunting license or permit with a trial
2607-2517hunting authorization under Subsection (2) may use the license or permit if the individual is:
2608-2518 (a) 12 years [of age] old or older; and
2609-2519 (b) accompanied, as defined in Subsection [23-20-20] 23A-4-708(1), in the field while
2610-2520hunting by an individual who:
2611-2521 (i) is 21 years [of age] old or older; Enrolled Copy H.B. 30
2851+2756agent certificate of registration [shall] may not be issued until the necessary fur dealer
2852+2757certificate of registration has been first secured by the employer of the agent.
2853+2758 (3) [Receipts shall be issued by the] The vendor shall issue a receipt to the vendee
2854+2759whenever the skins or pelts of furbearing mammals change ownership by virtue of sale,
2855+2760exchange, barter, or gift[; and both]. Both the vendor and vendee shall produce [this] the
2856+2761receipt or evidence of legal transaction upon request by the [Division of Wildlife Resources]
2857+2762division or other person authorized to enforce [the provisions of this code] this title.
2858+2763 Section 99. Section 23A-4-1001, which is renumbered from Section 23-19-11 is
2859+2764renumbered and amended to read:
2860+2765 Part 10. Education
2861+2766 [23-19-11]. 23A-4-1001. Hunter education required.
2862+2767 (1) (a) Except as provided in Section [23-19-14.6] 23A-4-701, an individual born after
2863+2768December 31, 1965, may not acquire or possess a hunting license or permit unless the
2864+2769individual has successfully completed a division-approved hunter education course.
2865+2770 (b) A division-approved hunter education course shall include education concerning
2866+2771the importance of gates and fences used in agriculture and how to properly close a gate.
2867+2772 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2868+2773Wildlife Board may make rules establishing:
2869+2774 (a) criteria and standards for approving a hunter education course, including a course
2870+2775offered in another state or country; and
2871+2776 (b) procedures for verifying and documenting that an individual seeking a hunting
2872+2777license or permit has successfully completed a division-approved hunter education course.
2873+2778 [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a hunting
2874+2779license or permit in violation of the hunter education requirements in Subsection (1).]
2875+2780 [(b) A hunting license or permit obtained or possessed in violation of this section is
2876+2781invalid.]
2877+2782 Section 100. Section 23A-4-1002, which is renumbered from Section 23-19-11.1 is
2878+2783renumbered and amended to read:
2879+2784 [23-19-11.1]. 23A-4-1002. Hunter education practical shooting test --
2880+2785Exemptions.
2881+2786 (1) Except as provided in Subsection (2), the Wildlife Board may require that the 12-19-22 10:31 PM H.B. 30
26122882 - 91 -
2613-2522 (ii) is eligible under state and federal law to possess a firearm and archery equipment;
2614-2523 (iii) possesses a current Utah hunting or combination license;
2615-2524 (iv) has satisfied applicable hunter education requirements under this chapter; and
2616-2525 (v) possesses the written consent of the holder's parent or legal guardian, if
2617-2526accompanying a holder of a trial hunting authorization who is under 18 years [of age] old.
2618-2527 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2619-2528Wildlife Board may make rules to:
2620-2529 (a) designate the types of hunting permits under Subsection (2) that may be obtained
2621-2530with a trial hunting authorization;
2622-2531 (b) establish the term of a trial hunting authorization;
2623-2532 (c) establish the number of years a person may obtain a trial hunting authorization;
2624-2533 (d) prescribe the number of individuals using a trial hunting authorization that an
2625-2534individual may accompany in the field under Subsection (3) at a single time;
2626-2535 (e) establish the application process for an individual to obtain a trial hunting
2627-2536authorization; and
2628-2537 (f) administer and enforce [the provisions of] this section.
2629-2538 Section 84. Section 23A-4-702, which is renumbered from Section 23-19-49 is
2630-2539renumbered and amended to read:
2631-2540 [23-19-49]. 23A-4-702. Air rifle hunting.
2632-2541 (1) As used in this section[:(a) "Division" means the Division of Wildlife
2633-2542Resources.(b) "Pre-charged], "pre-charged pneumatic air rifle" means a rifle that fires a single
2634-2543projectile with compressed air released from a chamber:
2635-2544 [(i)] (a) built into the rifle; and
2636-2545 [(ii)] (b) pressurized at a minimum of 2,000 pounds per square inch from an external
2637-2546high compression device or source, such as a hand pump, compressor, or scuba tank.
2638-2547 (2) (a) An individual shall obtain a permit issued under this section before using a
2639-2548pre-charged pneumatic air rifle to hunt a species of wildlife designated by the Wildlife Board.
2640-2549 (b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3, H.B. 30 Enrolled Copy
2883+2787division-approved hunter education course required by Section [23-19-11] 23A-4-1001 include
2884+2788a practical shooting test.
2885+2789 (2) A member of the United States Armed Forces, including the Utah National Guard,
2886+2790is exempt from a practical shooting test that may be required under Subsection (1) if the
2887+2791member has passed firearms training in the United States Armed Forces or Utah National
2888+2792Guard.
2889+2793 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2890+2794Wildlife Board may make rules establishing firearms test verification requirements.
2891+2795 Section 101. Section 23A-4-1003, which is renumbered from Section 23-19-12 is
2892+2796renumbered and amended to read:
2893+2797 [23-19-12]. 23A-4-1003. Instruction in hunter education -- Issuance of
2894+2798certificate of competency.
2895+2799 (1) The [Division of Wildlife Resources] division shall provide for [individuals] an
2896+2800individual interested in obtaining an instructor's certificate in hunter education a course of
2897+2801instruction in:
2898+2802 (a) the safe handling of firearms;
2899+2803 (b) conservation;
2900+2804 (c) hunting ethics;
2901+2805 (d) information required by Subsection [23-19-11] 23A-4-1001(1)(b); and
2902+2806 (e) related subject matter.
2903+2807 (2) A certified instructor may, on a voluntary basis, give instruction in the course of
2904+2808hunter education, as established by the [Division of Wildlife Resources] division, to eligible
2905+2809persons [who, upon the successful completion of the course, shall be issued]. The division shall
2906+2810issue a certificate of competency in hunter education upon the successful completion of the
2907+2811course.
2908+2812 Section 102. Section 23A-4-1004, which is renumbered from Section 23-19-12.7 is
2909+2813renumbered and amended to read:
2910+2814 [23-19-12.7]. 23A-4-1004. Instruction in bow hunter education -- Issuance
2911+2815of certificate of completion.
2912+2816 (1) The division shall establish criteria for a bow hunter education course, which may
2913+2817be offered by [any] an entity that meets the division's criteria. H.B. 30 12-19-22 10:31 PM
26412914 - 92 -
2642-2550Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
2643-2551the use of a pre-charged pneumatic air rifle.
2644-2552 (3) The division shall review the funding available for the regulation of hunting with
2645-2553pre-charged pneumatic air rifles and report the division's findings to the Natural Resources,
2646-2554Agriculture, and Environment Interim Committee by no later than the November 2024 interim
2647-2555committee meeting.
2648-2556 Section 85. Section 23A-4-703, which is renumbered from Section 23-19-22 is
2649-2557renumbered and amended to read:
2650-2558 [23-19-22]. 23A-4-703. Big game hunting permit.
2651-2559 (1) A person who is at least 12 years old[, upon paying the big game hunting permit fee
2652-2560established by the Wildlife Board, paying the fee established by Subsection (4), and possessing
2653-2561a valid hunting or combination license,] may apply for or obtain a permit to hunt big game as
2654-2562provided by [rules and proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2655-2563 (a) paying the big game hunting permit fee established by the Wildlife Board;
2656-2564 (b) paying the fee established by Subsection (4); and
2657-2565 (c) possessing a valid hunting or combination license.
2658-2566 (2) (a) A person who is 11 years old may apply for or obtain a big game hunting permit
2659-2567consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
2660-2568calendar year for which the permit is issued.
2661-2569 (b) A person may not use a permit to hunt big game before the person's 12th birthday.
2662-2570 (3) [One] The division shall use one dollar of [each] a big game permit fee collected
2663-2571from a resident [shall be used] for the hunter education program as provided in Section
2664-2572[23-19-17] 23A-4-401.
2665-2573 (4) There is established a fee in the amount of $5 added to [each] a permit under this
2666-2574section to be deposited in the Predator Control Restricted Account.
2667-2575 Section 86. Section 23A-4-704, which is renumbered from Section 23-19-22.5 is
2668-2576renumbered and amended to read:
2669-2577 [23-19-22.5]. 23A-4-704. Cougar or bear hunting permit. Enrolled Copy H.B. 30
2915+2818 (2) The bow hunter education course shall include instruction in:
2916+2819 (a) the safe use of bow hunting equipment;
2917+2820 (b) fundamentals of bow hunting;
2918+2821 (c) shooting and hunting techniques; and
2919+2822 (d) hunter ethics.
2920+2823 (3) The division shall issue a certificate of completion to a participant upon successful
2921+2824completion of a bow hunter education course which meets the requirements of this section and
2922+2825criteria established by the division.
2923+2826 Section 103. Section 23A-4-1005, which is renumbered from Section 23-19-11.5 is
2924+2827renumbered and amended to read:
2925+2828 [23-19-11.5]. 23A-4-1005. Proof of furharvester education required.
2926+2829 (1) A resident born after December 31, 1984, may not acquire or possess a furbearer
2927+2830license unless the individual has successfully completed a division-approved furharvester
2928+2831education course.
2929+2832 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2930+2833Wildlife Board may make rules establishing:
2931+2834 (a) criteria and standards for approving a furharvester education course, including a
2932+2835course offered in another state or country; and
2933+2836 (b) procedures for verifying and documenting that an individual seeking a furbearer
2934+2837license has successfully completed a division-approved furharvester education course.
2935+2838 [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a
2936+2839furbearer license in violation of the furharvester education requirements in Subsection (1).]
2937+2840 [(b) A furbearer license or permit obtained or possessed in violation of this section is
2938+2841invalid.]
2939+2842 Section 104. Section 23A-4-1006, which is renumbered from Section 23-19-12.5 is
2940+2843renumbered and amended to read:
2941+2844 [23-19-12.5]. 23A-4-1006. Instruction in furharvester education --
2942+2845Issuance of certificate of completion.
2943+2846 (1) The division shall provide a course of instruction in safe and responsible trapping,
2944+2847including instruction in:
2945+2848 (a) the use of trapping devices; 12-19-22 10:31 PM H.B. 30
26702946 - 93 -
2671-2578 (1) A person 12 years [of age] old or older[, upon paying the cougar or bear hunting
2672-2579permit fee established by the Wildlife Board and possessing a valid hunting or combination
2673-2580license,] may apply for or obtain a permit to take cougar or bear as provided by [rules and
2674-2581proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2675-2582 (a) paying the cougar or bear hunting permit fee established by the Wildlife Board; and
2676-2583 (b) possessing a valid hunting or combination license.
2677-2584 (2) A person 11 years [of age] old may apply for or obtain a cougar or bear hunting
2678-2585permit consistent with the requirements of Subsection (1) if that person's 12th birthday falls
2679-2586within the calendar year in which the permit is issued.
2680-2587 (3) [One] The division shall use one dollar of [each] a cougar or bear permit fee
2681-2588collected from a resident [shall be used] for the hunter education program.
2682-2589 Section 87. Section 23A-4-705, which is renumbered from Section 23-19-22.6 is
2683-2590renumbered and amended to read:
2684-2591 [23-19-22.6]. 23A-4-705. Turkey hunting permit -- Use of fee.
2685-2592 (1) [A person, upon paying the turkey permit fee established by the Wildlife Board and
2686-2593possessing a valid hunting or combination license,] A person may apply for or obtain a permit
2687-2594to take turkey as provided by [rules and proclamations] a rule or proclamation of the Wildlife
2688-2595Board[.] upon:
2689-2596 (a) paying the turkey permit fee established by the Wildlife Board; and
2690-2597 (b) possessing a valid hunting or combination license.
2691-2598 (2) [One] The division shall use one dollar of [each] a turkey permit fee collected from
2692-2599a resident [shall be used] for the hunter education program.
2693-2600 Section 88. Section 23A-4-706, which is renumbered from Section 23-19-24 is
2694-2601renumbered and amended to read:
2695-2602 [23-19-24]. 23A-4-706. Resident hunting license -- Use of fee.
2696-2603 (1) A resident[, after paying the fee established by the Wildlife Board,] may obtain a
2697-2604hunting license after paying the fee established by the Wildlife Board.
2698-2605 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife H.B. 30 Enrolled Copy
2947+2849 (b) trapping laws;
2948+2850 (c) trapping ethics;
2949+2851 (d) techniques in safely releasing nontarget animals;
2950+2852 (e) firearms safety;
2951+2853 (f) wildlife management;
2952+2854 (g) proper catch handling;
2953+2855 (h) trapper health and safety; and
2954+2856 (i) ethics relating to the avoidance of conflicts with other public land users and private
2955+2857landowners.
2956+2858 (2) (a) [Certified instructors will] A certified instructor may, on a voluntary basis, give
2957+2859instruction in the course of furharvester education, as established by the division.
2958+2860 (b) Upon the successful completion of the course, [each] the division shall issue to the
2959+2861participant in the furharvester education course [shall be issued] a certificate of completion in
2960+2862furharvester education.
2961+2863 Section 105. Section 23A-4-1007, which is renumbered from Section 23-19-13 is
2962+2864renumbered and amended to read:
2963+2865 [23-19-13]. 23A-4-1007. Hunter and furharvester education training -- Fee.
2964+2866 The Wildlife Board shall establish the fees to be assessed for obtaining instruction in
2965+2867hunter education and furharvester education.
2966+2868 Section 106. Section 23A-4-1101, which is renumbered from Section 23-19-5 is
2967+2869renumbered and amended to read:
2968+2870 Part 11. Violations and Enforcement
2969+2871 [23-19-5]. 23A-4-1101. Fraud, deceit, or misrepresentation in obtaining a
2970+2872license, permit, tag, or certificate of registration -- Criminal penalty.
2971+2873 (1) [It is unlawful for] A person may not:
2972+2874 (a) [any person to] obtain or attempt to obtain a license, permit, tag, or certificate of
2973+2875registration by fraud, deceit, or misrepresentation;
2974+2876 (b) if a nonresident [to], purchase a resident license; and
2975+2877 (c) if a resident [to], purchase a nonresident license.
2976+2878 [(2) Any license, permit, tag, or certificate of registration obtained in violation of
2977+2879Subsection (1) is invalid.] H.B. 30 12-19-22 10:31 PM
26992978 - 94 -
2700-2606Board's rules and proclamations:
2701-2607 (a) take small game; and
2702-2608 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2703-2609 (3) Up to $1 of the hunting license fee may be used for the hunter education program.
2704-2610 (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2705-2611program to:
2706-2612 (i) acquire pen-raised birds; or
2707-2613 (ii) capture and transplant upland game species.
2708-2614 (b) The hunting license fee revenue designated for the upland game program by
2709-2615Subsection (4)(a) is in addition to [any] hunting license fee revenue that may be used for the
2710-2616upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
2711-261723A-3-208.
2712-2618 Section 89. Section 23A-4-707, which is renumbered from Section 23-19-26 is
2713-2619renumbered and amended to read:
2714-2620 [23-19-26]. 23A-4-707. Nonresident hunting license -- Use of fee.
2715-2621 (1) A nonresident[, after paying the fee established by the Wildlife Board,] may obtain
2716-2622a hunting license after paying the fee established by the Wildlife Board.
2717-2623 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
2718-2624Board's rules and proclamations:
2719-2625 (a) take small game; and
2720-2626 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2721-2627 (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2722-2628program to:
2723-2629 (i) acquire pen-raised birds; or
2724-2630 (ii) capture and transplant upland game species.
2725-2631 (b) The hunting license fee revenue designated for the upland game program by
2726-2632Subsection (3)(a) is in addition to [any] hunting license fee revenue that may be used for the
2727-2633upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and Enrolled Copy H.B. 30
2979+2880 [(3) Any] (2) A person violating Subsection (1) is guilty of a class B misdemeanor.
2980+2881 (3) A license, permit, certificate of registration, or tag obtained in violation of
2981+2882Subsection (1) is invalid.
2982+2883 (4) A fraudulent claim of residency in another state or country does not exempt a
2983+2884person from the definition of resident in Section [23-13-2] 23A-1-101.
2984+2885 Section 107. Section 23A-4-1102, which is renumbered from Section 23-19-5.5 is
2985+2886renumbered and amended to read:
2986+2887 [23-19-5.5]. 23A-4-1102. Issuance of license, permit, or tag prohibited for
2987+2888failure to pay child support.
2988+2889 (1) As used in this section:
2989+2890 (a) "Child support" means the same as that term is defined in Section 62A-11-401.
2990+2891 (b) "Delinquent on a child support obligation" means that:
2991+2892 (i) an individual owes at least $2,500 on an arrearage obligation of child support based
2992+2893on an administrative or judicial order;
2993+2894 (ii) the individual has not obtained a judicial order staying enforcement of the
2994+2895individual's obligation on the amount in arrears; and
2995+2896 (iii) the office has obtained a statutory judgment lien pursuant to Section
2996+289762A-11-312.5.
2997+2898 (c) "Office" means the Office of Recovery Services created in Section 62A-11-102.
2998+2899 (d) "Wildlife license agent" means a person authorized under Section [23-19-15]
2999+290023A-4-501 to sell a license, permit, or tag in accordance with this chapter.
3000+2901 (2) (a) An individual who is delinquent on a child support obligation may not apply for,
3001+2902obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
3002+2903the Wildlife Board under this title, or by an order or proclamation [issued in accordance with a
3003+2904rule made by the Wildlife Board under this title].
3004+2905 (b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
3005+2906tag in violation of Subsection (2)(a) violates Section [23-19-5] 23A-4-1101.
3006+2907 (ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
3007+2908 (iii) An individual who takes protected wildlife with an invalid license, permit, or tag
3008+2909violates Section [23-20-3] 23A-5-309.
3009+2910 (3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective 12-19-22 10:31 PM H.B. 30
27283010 - 95 -
2729-263423A-3-208.
2730-2635 Section 90. Section 23A-4-708, which is renumbered from Section 23-20-20 is
2731-2636renumbered and amended to read:
2732-2637 [23-20-20]. 23A-4-708. Children accompanied by adults while hunting with
2733-2638weapon.
2734-2639 (1) As used in this section:
2735-2640 (a) "Accompanied" means at a distance within which visual and verbal communication
2736-2641is maintained for the purposes of advising and assisting.
2737-2642 (b) (i) "Electronic device" means a mechanism powered by electricity that allows
2738-2643communication between two or more people.
2739-2644 (ii) "Electronic device" includes a mobile telephone or two-way radio.
2740-2645 (c) "Verbal communication" means the conveyance of information through speech that
2741-2646does not involve an electronic device.
2742-2647 (2) A person younger than 14 years old who is hunting with [any] a weapon shall be
2743-2648accompanied by:
2744-2649 (a) the person's parent or legal guardian; or
2745-2650 (b) a responsible person who is at least 21 years old and who is approved by the
2746-2651person's parent or guardian.
2747-2652 (3) A person younger than 16 years old who is hunting big game with [any] a weapon
2748-2653shall be accompanied by:
2749-2654 (a) the person's parent or legal guardian; or
2750-2655 (b) a responsible person who is at least 21 years old and who is approved by the
2751-2656person's parent or guardian.
2752-2657 (4) A person who is at least 14 years old but younger than 16 years old shall be
2753-2658accompanied by a person who is at least 21 years old while hunting wildlife, other than big
2754-2659game, with [any] a weapon.
2755-2660 Section 91. Section 23A-4-709, which is renumbered from Section 23-20-30 is
2756-2661renumbered and amended to read: H.B. 30 Enrolled Copy
3011+2911until the office notifies the division that the individual who is delinquent on a child support
3012+2912obligation has:
3013+2913 (i) paid the delinquency in full; or
3014+2914 (ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
3015+2915months with a payment schedule entered into with the office.
3016+2916 (b) A payment schedule under Subsection (3)(a) shall provide that the individual:
3017+2917 (i) pay the current child support obligation in full each month; and
3018+2918 (ii) pays an additional amount as assessed by the office pursuant to Section
3019+291962A-11-320 towards the child support arrears.
3020+2920 (c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
3021+2921payment schedule described in Subsection (3)(b), the office may notify the division and the
3022+2922individual is considered to be an individual who is delinquent on a child support obligation and
3023+2923cannot obtain a new license, permit, or tag without complying with this Subsection (3).
3024+2924 (d) If an individual fails to comply with the payment schedule described in Subsection
3025+2925(3)(b) for one month of the 12-month period because of a transition to new employment, the
3026+2926individual may obtain a license, permit, or tag and is considered in compliance with this
3027+2927Subsection (3) if the individual:
3028+2928 (i) provides the office with information regarding the individual's new employer within
3029+292930 days from the day on which the missed payment was due;
3030+2930 (ii) pays the missed payment within 30 days from the day on which the missed payment
3031+2931was due; and
3032+2932 (iii) complies with the payment schedule for all other payments owed for child support
3033+2933within the 12-month period.
3034+2934 (4) (a) The division or a wildlife license agent may not knowingly issue a license,
3035+2935permit, or tag under this title to an individual identified by the office as delinquent on a child
3036+2936support obligation until notified by the office that the individual has complied with Subsection
3037+2937(3).
3038+2938 (b) The division is not required to hold or reserve a license, permit, or tag opportunity
3039+2939withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
3040+2940individual upon compliance with Subsection (3).
3041+2941 (c) The division may immediately reissue to another qualified person a license, permit, H.B. 30 12-19-22 10:31 PM
27573042 - 96 -
2758-2662 [23-20-30]. 23A-4-709. Tagging requirements.
2759-2663 (1) The Wildlife Board may make rules that require the carcass of certain species of
2760-2664protected wildlife to be tagged.
2761-2665 (2) Except as provided by the Wildlife Board by rules made in accordance with Title
2762-266663G, Chapter 3, Utah Administrative Rulemaking Act, a hunter shall tag the carcass of [any] a
2763-2667species of protected wildlife required to be tagged [shall be tagged] before the carcass is moved
2764-2668from or the hunter leaves the site of kill.
2765-2669 (3) To tag a carcass, a person shall:
2766-2670 (a) (i) completely detach the tag from the license or permit;
2767-2671 (ii) completely remove the appropriate notches to correspond with:
2768-2672 (A) the date the animal was taken; and
2769-2673 (B) the sex of the animal; and
2770-2674 (iii) attach the tag to the carcass so that the tag remains securely fastened and visible;
2771-2675or
2772-2676 (b) complete an electronic tagging certification according to standards approved by the
2773-2677Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2774-2678Rulemaking Act.
2775-2679 (4) A person may not:
2776-2680 (a) remove more than one notch indicating date or sex; or
2777-2681 (b) tag more than one carcass using the same tag.
2778-2682 Section 92. Section 23A-4-801, which is renumbered from Section 23-19-34.5 is
2779-2683renumbered and amended to read:
2780-2684 Part 8. Falconry
2781-2685 [23-19-34.5]. 23A-4-801. Falconry certificate of registration -- Residents
2782-268612 or older may obtain certificate of registration -- License for falconry meet for
2783-2687nonresidents -- Wildlife Board approval required for falconry meet -- Hunting license
2784-2688required to take protected game.
2785-2689 (1) A resident 12 years [of age] old or older[, upon application to the division,] may Enrolled Copy H.B. 30
3043+2942or tag opportunity withheld from an individual identified by the office as delinquent on a child
3044+2943support obligation pursuant to Subsection (4)(a).
3045+2944 (5) The office and division shall automate the process for the division or a wildlife
3046+2945license agent to be notified whether an individual is delinquent on a child support obligation or
3047+2946has complied with Subsection (3).
3048+2947 (6) The office is responsible to provide [any] administrative or judicial review required
3049+2948incident to the division issuing or denying a license, permit, or tag to an individual under
3050+2949Subsection (4).
3051+2950 (7) The denial or withholding of a license, permit, or tag under this section is not a
3052+2951suspension or revocation of license and permit privileges for purposes of:
3053+2952 (a) Section [23-19-9] 23A-4-1106;
3054+2953 (b) Subsection [23-20-4] 23A-5-311(1); and
3055+2954 (c) Section [23-25-6] 23A-2-505.
3056+2955 (8) This section does not modify a court action to withhold, suspend, or revoke a
3057+2956recreational license under Sections 62A-11-107 and 78B-6-315.
3058+2957 Section 108. Section 23A-4-1103, which is renumbered from Section 23-19-6 is
3059+2958renumbered and amended to read:
3060+2959 [23-19-6]. 23A-4-1103. Imitating or counterfeiting license unlawful --
3061+2960Criminal penalty.
3062+2961 [It is unlawful to] (1) A person may not imitate or counterfeit [any] a license, permit,
3063+2962tag, or certificate of registration for the purpose of defrauding the state [of Utah] or for evading
3064+2963the purposes and provisions of this [code. Any] title.
3065+2964 (2) A person who violates [any provision of] this section is guilty of a class A
3066+2965misdemeanor.
3067+2966 Section 109. Section 23A-4-1104 is enacted to read:
3068+2967 23A-4-1104. Violation of hunter education requirements -- Criminal penalty.
3069+2968 (1) An individual may not obtain, attempt to obtain, or possess a hunting license or
3070+2969permit in violation of the hunter education requirements in Subsection 23A-4-1001(1).
3071+2970 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
3072+2971 (3) A hunting license or permit obtained or possessed in violation of Section
3073+297223A-4-1101 is invalid. 12-19-22 10:31 PM H.B. 30
27863074 - 97 -
2787-2690obtain a certificate of registration to hold falcons and engage in the sport of falconry on
2788-2691nongame wildlife species upon application to the division.
2789-2692 (2) A nonresident entering Utah to participate in the sport of falconry at an organized
2790-2693meet shall obtain a license as provided in Section [23-19-34.7] 23A-4-802.
2791-2694 (3) Organizers of a falconry meet shall apply to and receive approval from the Wildlife
2792-2695Board [in order] to conduct an organized falconry meet.
2793-2696 (4) (a) [Any] A person engaging in the sport of falconry on protected small game
2794-2697species shall possess, in addition to the falconry certificate of registration, a hunting license.
2795-2698 (b) [Any] A nonresident who has been issued a license pursuant to Section
2796-2699[23-19-34.7] 23A-4-802 is not required to possess a hunting license [in order] to take small
2797-2700game during the five-day period of the license.
2798-2701 Section 93. Section 23A-4-802, which is renumbered from Section 23-19-34.7 is
2799-2702renumbered and amended to read:
2800-2703 [23-19-34.7]. 23A-4-802. Nonresident falconry meet license.
2801-2704 (1) A nonresident 12 years [of age] old or older may participate in a falconry meet in
2802-2705this state upon payment of a fee prescribed by the Wildlife Board.
2803-2706 (2) (a) A nonresident falconry meet license is valid only for five consecutive days, the
2804-2707dates to be designated on the license.
2805-2708 (b) The holder of the license may engage in the sport of falconry on nongame wildlife
2806-2709species and small game species[,] during the specified five-day period.
2807-2710 Section 94. Section 23A-4-901, which is renumbered from Section 23-19-27 is
2808-2711renumbered and amended to read:
2809-2712 Part 9. Furbearer License or Registration
2810-2713 [23-19-27]. 23A-4-901. Furbearer license -- Resident or nonresident.
2811-2714 A resident or nonresident[, upon payment of the fee prescribed by the Wildlife Board,]
2812-2715may receive a license to take furbearers upon payment of the fee prescribed by the Wildlife
2813-2716Board.
2814-2717 Section 95. Section 23A-4-902, which is renumbered from Section 23-19-31 is H.B. 30 Enrolled Copy
3075+2973 Section 110. Section 23A-4-1105 is enacted to read:
3076+2974 23A-4-1105. Violation of furharvester education requirements -- Criminal
3077+2975penalty.
3078+2976 (1) An individual may not obtain, attempt to obtain, or possess a furbearer license in
3079+2977violation of the furharvester education requirements in Subsection 23A-4-1005(1).
3080+2978 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
3081+2979 (3) A furbearer license or permit obtained or possessed in violation of this section is
3082+2980invalid.
3083+2981 Section 111. Section 23A-4-1106, which is renumbered from Section 23-19-9 is
3084+2982renumbered and amended to read:
3085+2983 [23-19-9]. 23A-4-1106. Suspension of license or permit privileges --
3086+2984Suspension of certificates of registration.
3087+2985 (1) As used in this section:
3088+2986 (a) "License or permit privileges" means the privilege of applying for, purchasing, and
3089+2987exercising the benefits conferred by a license or permit issued by the division.
3090+2988 (b) "Livestock guardian dog" means the same as that term is defined in Section
3091+298976-6-111.
3092+2990 (2) A hearing officer, appointed by the division, may suspend a person's license or
3093+2991permit privileges if:
3094+2992 (a) in a court of law, the person:
3095+2993 (i) is convicted of:
3096+2994 (A) violating this title or a rule of the Wildlife Board;
3097+2995 (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
3098+2996an activity regulated under this title;
3099+2997 (C) violating Section 76-6-111; or
3100+2998 (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
3101+2999 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
3102+3000contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
3103+3001 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
3104+3002enters into a diversion agreement which suspends the prosecution of the offense; and
3105+3003 (b) the hearing officer determines the person committed the offense intentionally, H.B. 30 12-19-22 10:31 PM
28153106 - 98 -
2816-2718renumbered and amended to read:
2817-2719 [23-19-31]. 23A-4-902. Resident fur dealer registration.
2818-2720 A resident[, upon application to the Wildlife Board,] may be registered as a fur dealer
2819-2721upon application to the Wildlife Board.
2820-2722 Section 96. Section 23A-4-903, which is renumbered from Section 23-19-32 is
2821-2723renumbered and amended to read:
2822-2724 [23-19-32]. 23A-4-903. Nonresident fur dealer registration.
2823-2725 A nonresident[, upon application to the wildlife board,] may be registered as a fur
2824-2726dealer upon application to the Wildlife Board.
2825-2727 Section 97. Section 23A-4-904, which is renumbered from Section 23-19-33 is
2826-2728renumbered and amended to read:
2827-2729 [23-19-33]. 23A-4-904. Registration of fur dealer's agent.
2828-2730 [Any] A person who is employed by a fur dealer as a fur buyer in the field[, upon
2829-2731application to the Wildlife Board,] may be registered as a fur dealer's agent upon application to
2830-2732the Wildlife Board.
2831-2733 Section 98. Section 23A-4-905, which is renumbered from Section 23-18-5 is
2832-2734renumbered and amended to read:
2833-2735 [23-18-5]. 23A-4-905. Fur dealer and fur dealer's agent -- Certificates of
2834-2736registration required -- Receipts required.
2835-2737 (1) (a) [Any] A person engaging in, carrying on, or conducting, wholly or in part, the
2836-2738business of buying, selling, trading, or dealing, within the state, in the skins or pelts of
2837-2739furbearing mammals [shall be deemed] is considered a fur dealer within the meaning of this
2838-2740[code. All fur dealers] title.
2839-2741 (b) A fur dealer shall secure a fur dealer certificate of registration from the [Division of
2840-2742Wildlife Resources, but no] division, except a certificate of registration [shall be] is not
2841-2743required for:
2842-2744 (i) a licensed trapper or fur farmer selling skins or pelts [which] that the licensed
2843-2745trapper or fur farmer has lawfully taken[,] or raised[, nor for any]; or Enrolled Copy H.B. 30
3107+3004knowingly, or recklessly, as defined in Section 76-2-103.
3108+3005 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
3109+3006officer shall consider in determining:
3110+3007 (i) the type of license or permit privileges to suspend; and
3111+3008 (ii) the duration of the suspension.
3112+3009 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
3113+3010(3)(a) are consistent with Subsections (4), (5), and (6).
3114+3011 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
3115+3012person's license or permit privileges according to Subsection (2) for a period of time not to
3116+3013exceed:
3117+3014 (a) seven years for:
3118+3015 (i) a felony conviction;
3119+3016 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
3120+3017held in abeyance pursuant to a plea in abeyance agreement; or
3121+3018 (iii) being charged with an offense punishable as a felony, the prosecution of which is
3122+3019suspended pursuant to a diversion agreement;
3123+3020 (b) five years for:
3124+3021 (i) a class A misdemeanor conviction;
3125+3022 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
3126+3023which plea is held in abeyance pursuant to a plea in abeyance agreement; or
3127+3024 (iii) being charged with an offense punishable as a class A misdemeanor, the
3128+3025prosecution of which is suspended pursuant to a diversion agreement;
3129+3026 (c) three years for:
3130+3027 (i) a class B misdemeanor conviction;
3131+3028 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
3132+3029when the plea is held in abeyance according to a plea in abeyance agreement; or
3133+3030 (iii) being charged with an offense punishable as a class B misdemeanor, the
3134+3031prosecution of which is suspended pursuant to a diversion agreement; and
3135+3032 (d) one year for:
3136+3033 (i) a class C misdemeanor conviction;
3137+3034 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor, 12-19-22 10:31 PM H.B. 30
28443138 - 99 -
2845-2746 (ii) a person who is not a fur dealer and who purchases [any such] skins or pelts
2846-2747described in Subsection (1)(b)(i) exclusively for the person's own use and not for sale.
2847-2748 (2) [Any] (a) A person who is employed by a resident or nonresident fur dealer as a fur
2848-2749buyer, in the field, is [deemed] considered a fur dealer's agent.
2849-2750 [Application] (b) The fur dealer employing an agent shall apply for a fur dealer's agent
2850-2751certificate of registration [shall be made by the fur dealer employing the agent, and no], and an
2851-2752agent certificate of registration [shall] may not be issued until the necessary fur dealer
2852-2753certificate of registration has been first secured by the employer of the agent.
2853-2754 (3) [Receipts shall be issued by the] The vendor shall issue a receipt to the vendee
2854-2755whenever the skins or pelts of furbearing mammals change ownership by virtue of sale,
2855-2756exchange, barter, or gift[; and both]. Both the vendor and vendee shall produce [this] the
2856-2757receipt or evidence of legal transaction upon request by the [Division of Wildlife Resources]
2857-2758division or other person authorized to enforce [the provisions of this code] this title.
2858-2759 Section 99. Section 23A-4-1001, which is renumbered from Section 23-19-11 is
2859-2760renumbered and amended to read:
2860-2761 Part 10. Education
2861-2762 [23-19-11]. 23A-4-1001. Hunter education required.
2862-2763 (1) (a) Except as provided in Section [23-19-14.6] 23A-4-701, an individual born after
2863-2764December 31, 1965, may not acquire or possess a hunting license or permit unless the
2864-2765individual has successfully completed a division-approved hunter education course.
2865-2766 (b) A division-approved hunter education course shall include education concerning
2866-2767the importance of gates and fences used in agriculture and how to properly close a gate.
2867-2768 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2868-2769Wildlife Board may make rules establishing:
2869-2770 (a) criteria and standards for approving a hunter education course, including a course
2870-2771offered in another state or country; and
2871-2772 (b) procedures for verifying and documenting that an individual seeking a hunting
2872-2773license or permit has successfully completed a division-approved hunter education course. H.B. 30 Enrolled Copy
3139+3035when the plea is held in abeyance according to a plea in abeyance agreement; or
3140+3036 (iii) being charged with an offense punishable as a class C misdemeanor, the
3141+3037prosecution of which is suspended according to a diversion agreement.
3142+3038 (5) The hearing officer may double a suspension period established in Subsection (4)
3143+3039for offenses:
3144+3040 (a) committed in violation of an existing suspension or revocation order issued by the
3145+3041courts, division, or Wildlife Board; or
3146+3042 (b) involving the unlawful taking of a trophy animal, as defined in Section [23-13-2]
3147+304323A-1-101.
3148+3044 (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
3149+3045or permit privileges for a particular license or permit only once for each single criminal
3150+3046episode, as defined in Section 76-1-401.
3151+3047 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
3152+3048suspension periods of [any] license or permit privileges of the same type suspended, according
3153+3049to Subsection (2), may run consecutively.
3154+3050 (c) If a hearing officer suspends, according to Subsection (2), license or permit
3155+3051privileges of the type that have been previously suspended by a court, a hearing officer, or the
3156+3052Wildlife Board and the suspension period has not expired, the suspension periods may run
3157+3053consecutively.
3158+3054 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
3159+3055applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
3160+3056 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
3161+3057defined in Section 76-2-103, violated:
3162+3058 (A) this title;
3163+3059 (B) a rule or order of the Wildlife Board;
3164+3060 (C) the terms of a certificate of registration; or
3165+3061 (D) the terms of a certificate of registration application or agreement; or
3166+3062 (ii) the person, in a court of law:
3167+3063 (A) is convicted of an offense that the hearing officer determines bears a reasonable
3168+3064relationship to the person's ability to safely and responsibly perform the activities authorized by
3169+3065the certificate of registration; H.B. 30 12-19-22 10:31 PM
28733170 - 100 -
2874-2774 [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a hunting
2875-2775license or permit in violation of the hunter education requirements in Subsection (1).]
2876-2776 [(b) A hunting license or permit obtained or possessed in violation of this section is
2877-2777invalid.]
2878-2778 Section 100. Section 23A-4-1002, which is renumbered from Section 23-19-11.1 is
2879-2779renumbered and amended to read:
2880-2780 [23-19-11.1]. 23A-4-1002. Hunter education practical shooting test --
2881-2781Exemptions.
2882-2782 (1) Except as provided in Subsection (2), the Wildlife Board may require that the
2883-2783division-approved hunter education course required by Section [23-19-11] 23A-4-1001 include
2884-2784a practical shooting test.
2885-2785 (2) A member of the United States Armed Forces, including the Utah National Guard,
2886-2786is exempt from a practical shooting test that may be required under Subsection (1) if the
2887-2787member has passed firearms training in the United States Armed Forces or Utah National
2888-2788Guard.
2889-2789 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2890-2790Wildlife Board may make rules establishing firearms test verification requirements.
2891-2791 Section 101. Section 23A-4-1003, which is renumbered from Section 23-19-12 is
2892-2792renumbered and amended to read:
2893-2793 [23-19-12]. 23A-4-1003. Instruction in hunter education -- Issuance of
2894-2794certificate of competency.
2895-2795 (1) The [Division of Wildlife Resources] division shall provide for [individuals] an
2896-2796individual interested in obtaining an instructor's certificate in hunter education a course of
2897-2797instruction in:
2898-2798 (a) the safe handling of firearms;
2899-2799 (b) conservation;
2900-2800 (c) hunting ethics;
2901-2801 (d) information required by Subsection [23-19-11] 23A-4-1001(1)(b); and Enrolled Copy H.B. 30
3171+3066 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
3172+3067reasonable relationship to the person's ability to safely and responsibly perform the activities
3173+3068authorized by the certificate of registration, and the plea is held in abeyance in accordance with
3174+3069a plea in abeyance agreement; or
3175+3070 (C) is charged with an offense that the hearing officer determines bears a reasonable
3176+3071relationship to the person's ability to safely and responsibly perform the activities authorized by
3177+3072the certificate of registration, and prosecution of the offense is suspended in accordance with a
3178+3073diversion agreement.
3179+3074 (b) [All certificates] A hearing officer shall suspend a certificate of registration for the
3180+3075harvesting of brine shrimp eggs, as defined in Section 59-23-3, [shall be suspended by a
3181+3076hearing officer,] if the hearing officer determines the holder of the [certificates] certificate of
3182+3077registration has violated Section 59-23-5.
3183+3078 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
3184+3079adjudicative functions provided in this section.
3185+3080 (b) The director may not appoint a division employee who investigates or enforces
3186+3081wildlife violations.
3187+3082 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
3188+3083for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
3189+3084registration.
3190+3085 (b) The courts shall promptly notify the division of [any] suspension orders or
3191+3086recommendations entered.
3192+3087 (c) The division, upon receiving notification of suspension from the courts, shall
3193+3088prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
3194+3089license, permit, or certification of registration for the duration and of the type specified in the
3195+3090court order.
3196+3091 (d) The hearing officer shall consider [any] a recommendation made by a sentencing
3197+3092court concerning suspension before issuing a suspension order.
3198+3093 [(10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
3199+3094benefits conferred by any permit, license, or certificate of registration specified in an order of
3200+3095suspension while that order is in effect.]
3201+3096 [(b) Any license possessed or obtained in violation of the order shall be considered 12-19-22 10:31 PM H.B. 30
29023202 - 101 -
2903-2802 (e) related subject matter.
2904-2803 (2) A certified instructor may, on a voluntary basis, give instruction in the course of
2905-2804hunter education, as established by the [Division of Wildlife Resources] division, to eligible
2906-2805persons [who, upon the successful completion of the course, shall be issued]. The division shall
2907-2806issue a certificate of competency in hunter education upon the successful completion of the
2908-2807course.
2909-2808 Section 102. Section 23A-4-1004, which is renumbered from Section 23-19-12.7 is
2910-2809renumbered and amended to read:
2911-2810 [23-19-12.7]. 23A-4-1004. Instruction in bow hunter education -- Issuance
2912-2811of certificate of completion.
2913-2812 (1) The division shall establish criteria for a bow hunter education course, which may
2914-2813be offered by [any] an entity that meets the division's criteria.
2915-2814 (2) The bow hunter education course shall include instruction in:
2916-2815 (a) the safe use of bow hunting equipment;
2917-2816 (b) fundamentals of bow hunting;
2918-2817 (c) shooting and hunting techniques; and
2919-2818 (d) hunter ethics.
2920-2819 (3) The division shall issue a certificate of completion to a participant upon successful
2921-2820completion of a bow hunter education course which meets the requirements of this section and
2922-2821criteria established by the division.
2923-2822 Section 103. Section 23A-4-1005, which is renumbered from Section 23-19-11.5 is
2924-2823renumbered and amended to read:
2925-2824 [23-19-11.5]. 23A-4-1005. Proof of furharvester education required.
2926-2825 (1) A resident born after December 31, 1984, may not acquire or possess a furbearer
2927-2826license unless the individual has successfully completed a division-approved furharvester
2928-2827education course.
2929-2828 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2930-2829Wildlife Board may make rules establishing: H.B. 30 Enrolled Copy
3203+3097invalid.]
3204+3098 [(c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.]
3205+3099 [(11)] (10) Before suspension under this section, [a person shall be] the division shall
3206+3100give a person:
3207+3101 (a) [given] written notice of [any] action the division intends to take; and
3208+3102 (b) [provided with] an opportunity for a hearing.
3209+3103 [(12)] (11) (a) A person may file an appeal of a hearing officer's decision with the
3210+3104Wildlife Board.
3211+3105 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
3212+3106any written documentation submitted at the hearing.
3213+3107 (c) The Wildlife Board may:
3214+3108 (i) take no action;
3215+3109 (ii) vacate or remand the decision; or
3216+3110 (iii) amend the period or type of suspension.
3217+3111 [(13)] (12) The division shall suspend and reinstate all hunting, fishing, trapping, and
3218+3112falconry privileges consistent with [Title 23, Chapter 25,] Chapter 2, Part 5, Wildlife Violator
3219+3113Compact.
3220+3114 [(14)] (13) The Wildlife Board may make rules to implement this section in accordance
3221+3115with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3222+3116 Section 112. Section 23A-4-1107 is enacted to read:
3223+3117 23A-4-1107. Violation of suspension --Criminal penalty.
3224+3118 (1) A person may not apply for, purchase, possess, or attempt to exercise the benefits
3225+3119conferred by a permit, license, or certificate of registration specified in an order of suspension
3226+3120while that order is in effect.
3227+3121 (2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
3228+3122 (3) A license possessed or obtained in violation of the order is invalid.
3229+3123 Section 113. Section 23A-4-1108, which is renumbered from Section 23-19-9.1 is
3230+3124renumbered and amended to read:
3231+3125 [23-19-9.1]. 23A-4-1108. Court-ordered action against a license.
3232+3126 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
3233+3127issued under this chapter if so ordered by a court. H.B. 30 12-19-22 10:31 PM
29313234 - 102 -
2932-2830 (a) criteria and standards for approving a furharvester education course, including a
2933-2831course offered in another state or country; and
2934-2832 (b) procedures for verifying and documenting that an individual seeking a furbearer
2935-2833license has successfully completed a division-approved furharvester education course.
2936-2834 [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a
2937-2835furbearer license in violation of the furharvester education requirements in Subsection (1).]
2938-2836 [(b) A furbearer license or permit obtained or possessed in violation of this section is
2939-2837invalid.]
2940-2838 Section 104. Section 23A-4-1006, which is renumbered from Section 23-19-12.5 is
2941-2839renumbered and amended to read:
2942-2840 [23-19-12.5]. 23A-4-1006. Instruction in furharvester education --
2943-2841Issuance of certificate of completion.
2944-2842 (1) The division shall provide a course of instruction in safe and responsible trapping,
2945-2843including instruction in:
2946-2844 (a) the use of trapping devices;
2947-2845 (b) trapping laws;
2948-2846 (c) trapping ethics;
2949-2847 (d) techniques in safely releasing nontarget animals;
2950-2848 (e) firearms safety;
2951-2849 (f) wildlife management;
2952-2850 (g) proper catch handling;
2953-2851 (h) trapper health and safety; and
2954-2852 (i) ethics relating to the avoidance of conflicts with other public land users and private
2955-2853landowners.
2956-2854 (2) (a) [Certified instructors will] A certified instructor may, on a voluntary basis, give
2957-2855instruction in the course of furharvester education, as established by the division.
2958-2856 (b) Upon the successful completion of the course, [each] the division shall issue to the
2959-2857participant in the furharvester education course [shall be issued] a certificate of completion in Enrolled Copy H.B. 30
3235+3128 Section 114. Section 23A-4-1109, which is renumbered from Section 23-19-9.5 is
3236+3129renumbered and amended to read:
3237+3130 [23-19-9.5]. 23A-4-1109. Warrant outstanding or failure to comply with citation
3238+3131-- Person not entitled to license, permit, tag, or certificate.
3239+3132 (1) A person may not purchase a license, permit, tag, or certificate of registration if:
3240+3133 (a) there is an outstanding Utah warrant against [him] the person for failure to appear
3241+3134in answer to a summons for a violation of:
3242+3135 (i) [a provision of] this title; or
3243+3136 (ii) a rule, proclamation, or order of the Wildlife Board; or
3244+3137 (b) [he has failed] the person fails to comply with a wildlife citation in a state which is
3245+3138a party to the Wildlife Violator Compact set forth in [Title 23, Chapter 25,] Chapter 2, Part 5,
3246+3139Wildlife Violator Compact.
3247+3140 (2) The division may allow a person referred to in Subsection (1) to purchase a license,
3248+3141permit, tag, or certificate of registration if satisfactory proof is given that:
3249+3142 (a) the warrant is no longer outstanding; or
3250+3143 (b) [he] the person has complied with the wildlife citation.
3251+3144 Section 115. Section 23A-5-101 is enacted to read:
3252+3145 CHAPTER 5. ENFORCEMENT AND VIOLATIONS
3253+3146 Part 1. General Provisions
3254+3147 23A-5-101. Definitions.
3255+3148 Reserved.
3256+3149 Section 116. Section 23A-5-201, which is renumbered from Section 23-20-1 is
3257+3150renumbered and amended to read:
3258+3151 Part 2. Enforcement
3259+3152 [23-20-1]. 23A-5-201. Enforcement authority of conservation officers --
3260+3153Seizure and disposition of property.
3261+3154 (1) [Conservation officers] A conservation officer of the division shall enforce [the
3262+3155provisions of] this title with the same authority and following the same procedures as other law
3263+3156enforcement officers.
3264+3157 (2) (a) [Conservation officers] A conservation officer shall seize [any] protected
3265+3158wildlife illegally taken or held. 12-19-22 10:31 PM H.B. 30
29603266 - 103 -
2961-2858furharvester education.
2962-2859 Section 105. Section 23A-4-1007, which is renumbered from Section 23-19-13 is
2963-2860renumbered and amended to read:
2964-2861 [23-19-13]. 23A-4-1007. Hunter and furharvester education training -- Fee.
2965-2862 The Wildlife Board shall establish the fees to be assessed for obtaining instruction in
2966-2863hunter education and furharvester education.
2967-2864 Section 106. Section 23A-4-1101, which is renumbered from Section 23-19-5 is
2968-2865renumbered and amended to read:
2969-2866 Part 11. Violations and Enforcement
2970-2867 [23-19-5]. 23A-4-1101. Fraud, deceit, or misrepresentation in obtaining a
2971-2868license, permit, tag, or certificate of registration -- Criminal penalty.
2972-2869 (1) [It is unlawful for] A person may not:
2973-2870 (a) [any person to] obtain or attempt to obtain a license, permit, tag, or certificate of
2974-2871registration by fraud, deceit, or misrepresentation;
2975-2872 (b) if a nonresident [to], purchase a resident license; and
2976-2873 (c) if a resident [to], purchase a nonresident license.
2977-2874 [(2) Any license, permit, tag, or certificate of registration obtained in violation of
2978-2875Subsection (1) is invalid.]
2979-2876 [(3) Any] (2) A person violating Subsection (1) is guilty of a class B misdemeanor.
2980-2877 (3) A license, permit, certificate of registration, or tag obtained in violation of
2981-2878Subsection (1) is invalid.
2982-2879 (4) A fraudulent claim of residency in another state or country does not exempt a
2983-2880person from the definition of resident in Section [23-13-2] 23A-1-101.
2984-2881 Section 107. Section 23A-4-1102, which is renumbered from Section 23-19-5.5 is
2985-2882renumbered and amended to read:
2986-2883 [23-19-5.5]. 23A-4-1102. Issuance of license, permit, or tag prohibited for
2987-2884failure to pay child support.
2988-2885 (1) As used in this section: H.B. 30 Enrolled Copy
3267+3159 (b) (i) Upon determination of a defendant's guilt by the court[,]:
3268+3160 (A) the court shall confiscate the protected wildlife [shall be confiscated by the court
3269+3161and sold or otherwise disposed of by the division]; and
3270+3162 (B) the division shall sell or otherwise dispose of the protected wildlife.
3271+3163 (ii) Proceeds of [the sales] a sale under this section shall be deposited in the Wildlife
3272+3164Resources Account.
3273+3165 (iii) Migratory wildfowl may not be sold, but [shall be given] the division shall give the
3274+3166migratory wildfowl to a charitable institution [or used] for other charitable purposes.
3275+3167 (3) (a) [Conservation officers] A conservation officer may seize and impound a vehicle
3276+3168used for the unlawful taking or possessing of protected wildlife for any of the following
3277+3169purposes:
3278+3170 (i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
3279+3171 (ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
3280+3172warrant; or
3281+3173 (iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
3282+3174possessed.
3283+3175 (b) The division shall store [any] a seized vehicle in a public or private garage, state
3284+3176impound lot, or other secured storage facility.
3285+3177 (4) A seized vehicle shall be released to the owner no later than 30 days after the date
3286+3178the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of
3287+3179wildlife by a person who is charged with committing a felony under this title.
3288+3180 (5) (a) The owner of a seized vehicle is liable for the payment of any impound fee if the
3289+3181owner used the vehicle for the unlawful taking or possessing of wildlife and is found by a court
3290+3182to be guilty of a violation of this title.
3291+3183 (b) The owner of a seized vehicle is not liable for the payment of any impound fee or,
3292+3184if the fees have been paid, is entitled to reimbursement of the fees paid, if:
3293+3185 (i) no charges are filed or all charges are dropped [which] that involve the use of the
3294+3186vehicle for the unlawful taking or possessing of wildlife;
3295+3187 (ii) the person charged with using the vehicle for the unlawful taking or possessing of
3296+3188wildlife is found by a court to be not guilty; or
3297+3189 (iii) the owner did not consent to a use of the vehicle [which] that violates this chapter. H.B. 30 12-19-22 10:31 PM
29893298 - 104 -
2990-2886 (a) "Child support" means the same as that term is defined in Section 62A-11-401.
2991-2887 (b) "Delinquent on a child support obligation" means that:
2992-2888 (i) an individual owes at least $2,500 on an arrearage obligation of child support based
2993-2889on an administrative or judicial order;
2994-2890 (ii) the individual has not obtained a judicial order staying enforcement of the
2995-2891individual's obligation on the amount in arrears; and
2996-2892 (iii) the office has obtained a statutory judgment lien pursuant to Section
2997-289362A-11-312.5.
2998-2894 (c) "Office" means the Office of Recovery Services created in Section 62A-11-102.
2999-2895 (d) "Wildlife license agent" means a person authorized under Section [23-19-15]
3000-289623A-4-501 to sell a license, permit, or tag in accordance with this chapter.
3001-2897 (2) (a) An individual who is delinquent on a child support obligation may not apply for,
3002-2898obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
3003-2899the Wildlife Board under this title, or by an order or proclamation [issued in accordance with a
3004-2900rule made by the Wildlife Board under this title].
3005-2901 (b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
3006-2902tag in violation of Subsection (2)(a) violates Section [23-19-5] 23A-4-1101.
3007-2903 (ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
3008-2904 (iii) An individual who takes protected wildlife with an invalid license, permit, or tag
3009-2905violates Section [23-20-3] 23A-5-309.
3010-2906 (3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
3011-2907until the office notifies the division that the individual who is delinquent on a child support
3012-2908obligation has:
3013-2909 (i) paid the delinquency in full; or
3014-2910 (ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
3015-2911months with a payment schedule entered into with the office.
3016-2912 (b) A payment schedule under Subsection (3)(a) shall provide that the individual:
3017-2913 (i) pay the current child support obligation in full each month; and Enrolled Copy H.B. 30
3299+3190 Section 117. Section 23A-5-202, which is renumbered from Section 23-20-1.5 is
3300+3191renumbered and amended to read:
3301+3192 [23-20-1.5]. 23A-5-202. Powers of law enforcement section.
3302+3193 (1) The chief and assistant chief of the law enforcement section, an enforcement
3303+3194[agents, and] agent, or conservation [officers] officer of the law enforcement section within the
3304+3195[Division of Wildlife Resources] division are vested with the powers of law enforcement
3305+3196officers throughout [all of] the counties of the state with exception of the power to serve civil
3306+3197process and:
3307+3198 (a) may serve criminal process, arrest, and prosecute [violators of any] a violator of a
3308+3199law of this state; and
3309+3200 (b) [shall have] has the same right as other law enforcement officers to require aid in
3310+3201executing [their] the duties.
3311+3202 (2) The powers and duties conferred by this section upon employees of the law
3312+3203enforcement section of the [Division of Wildlife Resources] division shall be supplementary to
3313+3204and in no way a limitation on the powers and duties of other law enforcement officers in the
3314+3205state.
3315+3206 Section 118. Section 23A-5-203, which is renumbered from Section 23-20-2 is
3316+3207renumbered and amended to read:
3317+3208 [23-20-2]. 23A-5-203. Special deputies -- Appointment -- Duties.
3318+3209 The director [of the Division of Wildlife Resources is authorized to] may appoint
3319+3210[persons] a person, on a temporary basis, as a special [deputies. These special deputies shall
3320+3211have the authority to enforce provisions of this code and all rules and regulations promulgated
3321+3212under this code.] deputy. A special deputy may enforce this title and rules made under this
3322+3213title.
3323+3214 Section 119. Section 23A-5-204, which is renumbered from Section 23-20-10 is
3324+3215renumbered and amended to read:
3325+3216 [23-20-10]. 23A-5-204. Butcher, locker, or storage plant to require proper tag
3326+3217or donation slip.
3327+3218 [It is unlawful for a] A butcher or owner or employee of a locker plant or storage plant
3328+3219[to] may not receive for processing or storage the carcass of [any] protected wildlife that by law
3329+3220or regulation is required to be tagged, unless the carcass is properly tagged or is accompanied 12-19-22 10:31 PM H.B. 30
30183330 - 105 -
3019-2914 (ii) pays an additional amount as assessed by the office pursuant to Section
3020-291562A-11-320 towards the child support arrears.
3021-2916 (c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
3022-2917payment schedule described in Subsection (3)(b), the office may notify the division and the
3023-2918individual is considered to be an individual who is delinquent on a child support obligation and
3024-2919cannot obtain a new license, permit, or tag without complying with this Subsection (3).
3025-2920 (d) If an individual fails to comply with the payment schedule described in Subsection
3026-2921(3)(b) for one month of the 12-month period because of a transition to new employment, the
3027-2922individual may obtain a license, permit, or tag and is considered in compliance with this
3028-2923Subsection (3) if the individual:
3029-2924 (i) provides the office with information regarding the individual's new employer within
3030-292530 days from the day on which the missed payment was due;
3031-2926 (ii) pays the missed payment within 30 days from the day on which the missed payment
3032-2927was due; and
3033-2928 (iii) complies with the payment schedule for all other payments owed for child support
3034-2929within the 12-month period.
3035-2930 (4) (a) The division or a wildlife license agent may not knowingly issue a license,
3036-2931permit, or tag under this title to an individual identified by the office as delinquent on a child
3037-2932support obligation until notified by the office that the individual has complied with Subsection
3038-2933(3).
3039-2934 (b) The division is not required to hold or reserve a license, permit, or tag opportunity
3040-2935withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
3041-2936individual upon compliance with Subsection (3).
3042-2937 (c) The division may immediately reissue to another qualified person a license, permit,
3043-2938or tag opportunity withheld from an individual identified by the office as delinquent on a child
3044-2939support obligation pursuant to Subsection (4)(a).
3045-2940 (5) The office and division shall automate the process for the division or a wildlife
3046-2941license agent to be notified whether an individual is delinquent on a child support obligation or H.B. 30 Enrolled Copy
3331+3221with a valid donation slip.
3332+3222 Section 120. Section 23A-5-205, which is renumbered from Section 23-20-16 is
3333+3223renumbered and amended to read:
3334+3224 [23-20-16]. 23A-5-205. Enforcement -- Procedure.
3335+3225 In enforcing the misdemeanor or felony provisions of this [code] title, [the] a peace
3336+3226officer shall follow [the procedures and requirements of] Title 53, Chapter 13, Peace Officer
3337+3227Classifications.
3338+3228 Section 121. Section 23A-5-206, which is renumbered from Section 23-20-28 is
3339+3229renumbered and amended to read:
3340+3230 [23-20-28]. 23A-5-206. Search warrants.
3341+3231 (1) A search warrant may be issued by a magistrate to search for [any] property [which]
3342+3232that may constitute evidence of [any violation of the provisions of this code] a violation of this
3343+3233title, rules, [regulations,] or proclamations of the Wildlife Board upon an affidavit of [any] a
3344+3234person.
3345+3235 (2) The search warrant shall be directed to a conservation officer or a peace officer,
3346+3236directing the officer to search for evidence and to bring [it] the evidence before the magistrate.
3347+3237 (3) A search warrant may not be issued except upon probable cause supported by oath
3348+3238or affirmation, particularly describing the place, person, or thing to be searched for and the
3349+3239person or thing to be seized.
3350+3240 (4) The warrant shall be served in the daytime, unless there is reason to believe that the
3351+3241service of the search warrant is required immediately because a person may:
3352+3242 (a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;
3353+3243 (b) destroy or conceal evidence of the commission of [any] a violation; or
3354+3244 (c) injure another person or damage property.
3355+3245 (5) [The] Notwithstanding Subsection (4), a search warrant may be served at night if:
3356+3246 (a) there is reason to believe that a violation may occur at night; or
3357+3247 (b) the evidence of the violation may not be available to the officers serving the
3358+3248warrant during the day.
3359+3249 Section 122. Section 23A-5-207, which is renumbered from Section 23-20-25 is
3360+3250renumbered and amended to read:
3361+3251 [23-20-25]. 23A-5-207. Exhibition of license, permit, tag, or device required -- H.B. 30 12-19-22 10:31 PM
30473362 - 106 -
3048-2942has complied with Subsection (3).
3049-2943 (6) The office is responsible to provide [any] administrative or judicial review required
3050-2944incident to the division issuing or denying a license, permit, or tag to an individual under
3051-2945Subsection (4).
3052-2946 (7) The denial or withholding of a license, permit, or tag under this section is not a
3053-2947suspension or revocation of license and permit privileges for purposes of:
3054-2948 (a) Section [23-19-9] 23A-4-1106;
3055-2949 (b) Subsection [23-20-4] 23A-5-311(1); and
3056-2950 (c) Section [23-25-6] 23A-2-505.
3057-2951 (8) This section does not modify a court action to withhold, suspend, or revoke a
3058-2952recreational license under Sections 62A-11-107 and 78B-6-315.
3059-2953 Section 108. Section 23A-4-1103, which is renumbered from Section 23-19-6 is
3060-2954renumbered and amended to read:
3061-2955 [23-19-6]. 23A-4-1103. Imitating or counterfeiting license unlawful --
3062-2956Criminal penalty.
3063-2957 [It is unlawful to] (1) A person may not imitate or counterfeit [any] a license, permit,
3064-2958tag, or certificate of registration for the purpose of defrauding the state [of Utah] or for evading
3065-2959the purposes and provisions of this [code. Any] title.
3066-2960 (2) A person who violates [any provision of] this section is guilty of a class A
3067-2961misdemeanor.
3068-2962 Section 109. Section 23A-4-1104 is enacted to read:
3069-2963 23A-4-1104. Violation of hunter education requirements -- Criminal penalty.
3070-2964 (1) An individual may not obtain, attempt to obtain, or possess a hunting license or
3071-2965permit in violation of the hunter education requirements in Subsection 23A-4-1001(1).
3072-2966 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
3073-2967 (3) A hunting license or permit obtained or possessed in violation of Section
3074-296823A-4-1101 is invalid.
3075-2969 Section 110. Section 23A-4-1105 is enacted to read: Enrolled Copy H.B. 30
3363+3252Criminal penalty.
3364+3253 (1) [Any] A person while engaged in [any] an activity regulated under this title, shall
3365+3254[be required upon demand of any] exhibit the following at the request of conservation officer or
3366+3255[any] other peace officer [to exhibit]:
3367+3256 (a) the required license, permit, or tag;
3368+3257 (b) [any] device or apparatus in that person's possession used for [any] an activity
3369+3258regulated under this title; or
3370+3259 (c) [any] wildlife in that person's possession.
3371+3260 (2) [Any] A conservation officer who has a reasonable belief that a person is engaged
3372+3261in [any] an activity regulated under this title may stop and temporarily detain that person [in
3373+3262order] to demand and inspect:
3374+3263 (a) the required license, permit, or tag;
3375+3264 (b) [any] a device or apparatus in that person's possession used for [any] an activity
3376+3265regulated under this title; or
3377+3266 (c) [any] wildlife in that person's possession.
3378+3267 (3) [Any] A person [who] is subject to the penalties of Section 23A-5-301 if the person
3379+3268fails to produce for examination to [an] a correction officer or other peace officer any of the
3380+3269required licenses, permits, tags, devices or apparatuses used for [any] an activity regulated
3381+3270under this title or [any] wildlife in that person's possession [is guilty of a class B
3382+3271misdemeanor].
3383+3272 Section 123. Section 23A-5-301, which is renumbered from Section 23-13-11 is
3384+3273renumbered and amended to read:
3385+3274 Part 3. Violations
3386+3275 [23-13-11]. 23A-5-301. Violations in general -- Criminal penalty -- Aiding or
3387+3276assisting violation.
3388+3277 (1) Except as otherwise provided in this title:
3389+3278 [(1)] (a) a violation of [any provision of] this title is a class B misdemeanor; and
3390+3279 [(2)] (b) a violation of [any] a rule of the Wildlife Board, made in accordance with
3391+3280Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or proclamation of the Wildlife
3392+3281Board is an infraction.
3393+3282 (2) (a) A person may not aid or assist another person to violate this title or a rule made 12-19-22 10:31 PM H.B. 30
30763394 - 107 -
3077-2970 23A-4-1105. Violation of furharvester education requirements -- Criminal
3078-2971penalty.
3079-2972 (1) An individual may not obtain, attempt to obtain, or possess a furbearer license in
3080-2973violation of the furharvester education requirements in Subsection 23A-4-1005(1).
3081-2974 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
3082-2975 (3) A furbearer license or permit obtained or possessed in violation of this section is
3083-2976invalid.
3084-2977 Section 111. Section 23A-4-1106, which is renumbered from Section 23-19-9 is
3085-2978renumbered and amended to read:
3086-2979 [23-19-9]. 23A-4-1106. Suspension of license or permit privileges --
3087-2980Suspension of certificates of registration.
3088-2981 (1) As used in this section:
3089-2982 (a) "License or permit privileges" means the privilege of applying for, purchasing, and
3090-2983exercising the benefits conferred by a license or permit issued by the division.
3091-2984 (b) "Livestock guardian dog" means the same as that term is defined in Section
3092-298576-6-111.
3093-2986 (2) A hearing officer, appointed by the division, may suspend a person's license or
3094-2987permit privileges if:
3095-2988 (a) in a court of law, the person:
3096-2989 (i) is convicted of:
3097-2990 (A) violating this title or a rule of the Wildlife Board;
3098-2991 (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
3099-2992an activity regulated under this title;
3100-2993 (C) violating Section 76-6-111; or
3101-2994 (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
3102-2995 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
3103-2996contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
3104-2997 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person H.B. 30 Enrolled Copy
3395+3283by the Wildlife Board under this title and in accordance with Title 63G, Chapter 3, Utah
3396+3284Administrative Rulemaking Act.
3397+3285 (b) The penalty for violating this Subsection (2) is the same as for the provision or rule
3398+3286for which aid or assistance is given.
3399+3287 Section 124. Section 23A-5-302, which is renumbered from Section 23-13-4 is
3400+3288renumbered and amended to read:
3401+3289 [23-13-4]. 23A-5-302. Captivity of protected wildlife unlawful -- Criminal
3402+3290penalty.
3403+3291 [It is unlawful for any] (1) A person [to] may not hold in captivity at any time [any]
3404+3292protected wildlife except as provided by this [code] title or rules [and regulations of] made by
3405+3293the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3406+3294Act.
3407+3295 (2) A person who violates this section is subject to the penalty provided in Section
3408+329623A-5-301.
3409+3297 Section 125. Section 23A-5-303, which is renumbered from Section 23-13-5 is
3410+3298renumbered and amended to read:
3411+3299 [23-13-5]. 23A-5-303. Importation or exportation and release of wildlife
3412+3300unlawful -- Criminal penalty.
3413+3301 [It is unlawful for any] (1) A person [to] may not:
3414+3302 (a) import into or export from the state [of Utah any] a species of live native or exotic
3415+3303wildlife; or [to]
3416+3304 (b) possess or release from captivity [any such] imported live wildlife [except as]
3417+3305described in Subsection (1)(a).
3418+3306 (2) Notwithstanding Subsection (1), a person may engage in an act described in
3419+3307Subsection (1) if:
3420+3308 (a) provided for in this [code] title or the rules [and regulations of] made by the
3421+3309Wildlife Board [without] in accordance with Title 63G, Chapter 3, Utah Administrative
3422+3310Rulemaking Act; and
3423+3311 (b) the person first [securing] secures written permission from the division [of Wildlife
3424+3312Resources].
3425+3313 (3) A person who violates this section is subject to the penalty provided in Section H.B. 30 12-19-22 10:31 PM
31053426 - 108 -
3106-2998enters into a diversion agreement which suspends the prosecution of the offense; and
3107-2999 (b) the hearing officer determines the person committed the offense intentionally,
3108-3000knowingly, or recklessly, as defined in Section 76-2-103.
3109-3001 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
3110-3002officer shall consider in determining:
3111-3003 (i) the type of license or permit privileges to suspend; and
3112-3004 (ii) the duration of the suspension.
3113-3005 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
3114-3006(3)(a) are consistent with Subsections (4), (5), and (6).
3115-3007 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
3116-3008person's license or permit privileges according to Subsection (2) for a period of time not to
3117-3009exceed:
3118-3010 (a) seven years for:
3119-3011 (i) a felony conviction;
3120-3012 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
3121-3013held in abeyance pursuant to a plea in abeyance agreement; or
3122-3014 (iii) being charged with an offense punishable as a felony, the prosecution of which is
3123-3015suspended pursuant to a diversion agreement;
3124-3016 (b) five years for:
3125-3017 (i) a class A misdemeanor conviction;
3126-3018 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
3127-3019which plea is held in abeyance pursuant to a plea in abeyance agreement; or
3128-3020 (iii) being charged with an offense punishable as a class A misdemeanor, the
3129-3021prosecution of which is suspended pursuant to a diversion agreement;
3130-3022 (c) three years for:
3131-3023 (i) a class B misdemeanor conviction;
3132-3024 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
3133-3025when the plea is held in abeyance according to a plea in abeyance agreement; or Enrolled Copy H.B. 30
3427+331423A-5-301.
3428+3315 Section 126. Section 23A-5-304, which is renumbered from Section 23-13-13 is
3429+3316renumbered and amended to read:
3430+3317 [23-13-13]. 23A-5-304. Commercialization of wildlife unlawful -- Criminal
3431+3318penalty.
3432+3319 [It shall be unlawful for any person to utilize] (1) A person may not use wildlife as a
3433+3320commercial venture for financial gain except as provided in this [code] title or under rules [and
3434+3321regulations of] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
3435+3322Administrative Rulemaking Act.
3436+3323 (2) A person who violates this section is subject to the penalty provided in Section
3437+332423A-5-301.
3438+3325 Section 127. Section 23A-5-305, which is renumbered from Section 23-13-14 is
3439+3326renumbered and amended to read:
3440+3327 [23-13-14]. 23A-5-305. Release of wildlife unlawful -- Criminal penalty.
3441+3328 (1) (a) A person may not release or transplant a live terrestrial or aquatic wildlife into
3442+3329the wild:
3443+3330 (i) without a certificate of registration issued by the division authorizing the release; or
3444+3331 (ii) except as provided in this title and rules [and regulations established] made by the
3445+3332Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3446+3333 (b) The division may only authorize the transplanting of big game, turkeys, wolves,
3447+3334threatened or endangered species, or sensitive species as provided in Section [23-14-21]
3448+333523A-2-209.
3449+3336 (2) Except as provided in [Subsection (3)] Section 23A-5-306, a person who violates
3450+3337Subsection (1) is guilty of a class A misdemeanor.
3451+3338 [(3) A person who knowingly and without lawful authority imports, transports, or
3452+3339releases a live species of wildlife that the person knows is listed as threatened or endangered, or
3453+3340is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3454+3341the intent to establish the presence of that species in an area of the state not currently known to
3455+3342be occupied by a reproducing population of that species is guilty of a third degree felony.]
3456+3343 Section 128. Section 23A-5-306 is enacted to read:
3457+3344 23A-5-306. Import, transport, or release of threatened or endangered species -- 12-19-22 10:31 PM H.B. 30
31343458 - 109 -
3135-3026 (iii) being charged with an offense punishable as a class B misdemeanor, the
3136-3027prosecution of which is suspended pursuant to a diversion agreement; and
3137-3028 (d) one year for:
3138-3029 (i) a class C misdemeanor conviction;
3139-3030 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
3140-3031when the plea is held in abeyance according to a plea in abeyance agreement; or
3141-3032 (iii) being charged with an offense punishable as a class C misdemeanor, the
3142-3033prosecution of which is suspended according to a diversion agreement.
3143-3034 (5) The hearing officer may double a suspension period established in Subsection (4)
3144-3035for offenses:
3145-3036 (a) committed in violation of an existing suspension or revocation order issued by the
3146-3037courts, division, or Wildlife Board; or
3147-3038 (b) involving the unlawful taking of a trophy animal, as defined in Section [23-13-2]
3148-303923A-1-101.
3149-3040 (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
3150-3041or permit privileges for a particular license or permit only once for each single criminal
3151-3042episode, as defined in Section 76-1-401.
3152-3043 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
3153-3044suspension periods of [any] license or permit privileges of the same type suspended, according
3154-3045to Subsection (2), may run consecutively.
3155-3046 (c) If a hearing officer suspends, according to Subsection (2), license or permit
3156-3047privileges of the type that have been previously suspended by a court, a hearing officer, or the
3157-3048Wildlife Board and the suspension period has not expired, the suspension periods may run
3158-3049consecutively.
3159-3050 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
3160-3051applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
3161-3052 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
3162-3053defined in Section 76-2-103, violated: H.B. 30 Enrolled Copy
3459+3345Criminal penalty.
3460+3346 (1) A person may not knowingly and without lawful authority import, transport, or
3461+3347release a live species of wildlife that the person knows is listed as threatened or endangered, or
3462+3348is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3463+3349the intent to establish the presence of that species in an area of the state not currently known to
3464+3350be occupied by a reproducing population of that species.
3465+3351 (2) A person who violates Subsection (1) is guilty of a third degree felony.
3466+3352 Section 129. Section 23A-5-307, which is renumbered from Section 23-13-18 is
3467+3353renumbered and amended to read:
3468+3354 [23-13-18]. 23A-5-307. Use of a computer or other device to remotely hunt
3469+3355wildlife prohibited -- Trail cameras -- Criminal penalty.
3470+3356 (1) As used in this section, "trail camera" means a device that is not held or manually
3471+3357operated by a person and is used to capture images, video, or location data of wildlife using
3472+3358heat or motion to trigger the device.
3473+3359 [(1)] (2) A person may not use a computer or other device to remotely control the
3474+3360aiming and discharge of a firearm or other weapon for hunting an animal.
3475+3361 [(2)] (3) A person who violates Subsection (1) is guilty of a class A misdemeanor.
3476+3362 [(3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
3477+3363manually operated by a person and is used to capture images, video, or location data of wildlife
3478+3364using heat or motion to trigger the device.]
3479+3365 [(b)] (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3480+3366Act, the Wildlife Board shall make rules regulating the use of trail cameras.
3481+3367 [(c)] (b) The division shall provide an annual report to the Natural Resources,
3482+3368Agriculture, and Environment Interim Committee regarding rules made or changed in
3483+3369accordance with this Subsection [(3)] (4).
3484+3370 (c) A person who violates rules made by the Wildlife Board under this Subsection (4)
3485+3371is subject to the penalty provided in Section 23A-5-301.
3486+3372 Section 130. Section 23A-5-308, which is renumbered from Section 23-13-19 is
3487+3373renumbered and amended to read:
3488+3374 [23-13-19]. 23A-5-308. Administering substances to protected wildlife
3489+3375prohibited -- Exceptions -- Criminal penalty. H.B. 30 12-19-22 10:31 PM
31633490 - 110 -
3164-3054 (A) this title;
3165-3055 (B) a rule or order of the Wildlife Board;
3166-3056 (C) the terms of a certificate of registration; or
3167-3057 (D) the terms of a certificate of registration application or agreement; or
3168-3058 (ii) the person, in a court of law:
3169-3059 (A) is convicted of an offense that the hearing officer determines bears a reasonable
3170-3060relationship to the person's ability to safely and responsibly perform the activities authorized by
3171-3061the certificate of registration;
3172-3062 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
3173-3063reasonable relationship to the person's ability to safely and responsibly perform the activities
3174-3064authorized by the certificate of registration, and the plea is held in abeyance in accordance with
3175-3065a plea in abeyance agreement; or
3176-3066 (C) is charged with an offense that the hearing officer determines bears a reasonable
3177-3067relationship to the person's ability to safely and responsibly perform the activities authorized by
3178-3068the certificate of registration, and prosecution of the offense is suspended in accordance with a
3179-3069diversion agreement.
3180-3070 (b) [All certificates] A hearing officer shall suspend a certificate of registration for the
3181-3071harvesting of brine shrimp eggs, as defined in Section 59-23-3, [shall be suspended by a
3182-3072hearing officer,] if the hearing officer determines the holder of the [certificates] certificate of
3183-3073registration has violated Section 59-23-5.
3184-3074 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
3185-3075adjudicative functions provided in this section.
3186-3076 (b) The director may not appoint a division employee who investigates or enforces
3187-3077wildlife violations.
3188-3078 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
3189-3079for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
3190-3080registration.
3191-3081 (b) The courts shall promptly notify the division of [any] suspension orders or Enrolled Copy H.B. 30
3491+3376 (1) For purposes of this section:
3492+3377 (a) "Administer" means the application of a substance by any method, including:
3493+3378 (i) injection;
3494+3379 (ii) inhalation;
3495+3380 (iii) ingestion; or
3496+3381 (iv) absorption.
3497+3382 (b) "Agricultural producer" means a person who produces an agricultural product.
3498+3383 (c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
3499+3384 (d) "Substance" means a chemical or organic substance that:
3500+3385 (i) pacifies;
3501+3386 (ii) sedates;
3502+3387 (iii) immobilizes;
3503+3388 (iv) harms;
3504+3389 (v) kills;
3505+3390 (vi) controls fertility; or
3506+3391 (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
3507+3392 (2) Except as authorized by Subsection [(3)] (4) or a rule made by the Wildlife Board
3508+3393in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may
3509+3394not administer or attempt to administer a substance to protected wildlife.
3510+3395 (3) A person who violates this section is subject to the penalty provided in Section
3511+339623A-5-301.
3512+3397 [(3)] (4) (a) A division employee or a person with written permission from the division
3513+3398may administer a substance to protected wildlife if that employee or person administers the
3514+3399substance to promote wildlife management and conservation.
3515+3400 (b) One or more of the following may administer a substance to protected wildlife that
3516+3401the person is authorized by this title, the Wildlife Board, or the division to possess:
3517+3402 (i) a licensed veterinarian;
3518+3403 (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
3519+3404 (iii) a person who is following written instructions for veterinary care from a licensed
3520+3405veterinarian.
3521+3406 [(4) A] (5) Notwithstanding the other provisions of this section, a person is not liable 12-19-22 10:31 PM H.B. 30
31923522 - 111 -
3193-3082recommendations entered.
3194-3083 (c) The division, upon receiving notification of suspension from the courts, shall
3195-3084prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
3196-3085license, permit, or certification of registration for the duration and of the type specified in the
3197-3086court order.
3198-3087 (d) The hearing officer shall consider [any] a recommendation made by a sentencing
3199-3088court concerning suspension before issuing a suspension order.
3200-3089 [(10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
3201-3090benefits conferred by any permit, license, or certificate of registration specified in an order of
3202-3091suspension while that order is in effect.]
3203-3092 [(b) Any license possessed or obtained in violation of the order shall be considered
3204-3093invalid.]
3205-3094 [(c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.]
3206-3095 [(11)] (10) Before suspension under this section, [a person shall be] the division shall
3207-3096give a person:
3208-3097 (a) [given] written notice of [any] action the division intends to take; and
3209-3098 (b) [provided with] an opportunity for a hearing.
3210-3099 [(12)] (11) (a) A person may file an appeal of a hearing officer's decision with the
3211-3100Wildlife Board.
3212-3101 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
3213-3102any written documentation submitted at the hearing.
3214-3103 (c) The Wildlife Board may:
3215-3104 (i) take no action;
3216-3105 (ii) vacate or remand the decision; or
3217-3106 (iii) amend the period or type of suspension.
3218-3107 [(13)] (12) The division shall suspend and reinstate all hunting, fishing, trapping, and
3219-3108falconry privileges consistent with [Title 23, Chapter 25,] Chapter 2, Part 5, Wildlife Violator
3220-3109Compact. H.B. 30 Enrolled Copy
3523+3407under this section for administering a substance, notwithstanding the substance has an effect
3524+3408described in Subsection (1)(d) on protected wildlife, if:
3525+3409 (a) an agricultural producer administers the substance:
3526+3410 (i) for the sole purpose of producing an agricultural product and not for the purpose of
3527+3411affecting protected wildlife in a manner described in Subsection (1)(d);
3528+3412 (ii) consistent with generally accepted agricultural practices; and
3529+3413 (iii) in compliance with applicable local, state, and federal law; or
3530+3414 (b) the protected wildlife presents an immediate threat of death or serious bodily injury
3531+3415to a person.
3532+3416 Section 131. Section 23A-5-309, which is renumbered from Section 23-20-3 is
3533+3417renumbered and amended to read:
3534+3418 [23-20-3]. 23A-5-309. Taking, transporting, selling, or purchasing protected
3535+3419wildlife illegal except as authorized -- Criminal penalty.
3536+3420 (1) Except as provided in this title or a rule, proclamation, or order of the Wildlife
3537+3421Board, a person may not:
3538+3422 (a) take protected wildlife or [its] wildlife parts;
3539+3423 (b) collect, import, possess, transport, propagate, store, donate, transfer, or export
3540+3424protected wildlife or [its] wildlife parts;
3541+3425 (c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or [its]
3542+3426wildlife parts without having previously procured the necessary licenses, permits, tags, federal
3543+3427stamps, certificates of registration, authorizations, and receipts required in this title or a rule,
3544+3428proclamation, or order of the Wildlife Board;
3545+3429 (d) take protected wildlife with [any] a weapon, ammunition, implement, tool, device,
3546+3430or any part of any of these not specifically authorized in this title or a rule, proclamation, or
3547+3431order of the Wildlife Board;
3548+3432 (e) possess while in pursuit of protected wildlife [any] a weapon, ammunition,
3549+3433implement, tool, device, or any part of any of these not specifically authorized in this title or a
3550+3434rule, proclamation, or order of the Wildlife Board;
3551+3435 (f) take protected wildlife using [any] a method, means, process, or practice not
3552+3436specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
3553+3437 (g) take protected wildlife outside the season dates, location boundaries, and daily time H.B. 30 12-19-22 10:31 PM
32213554 - 112 -
3222-3110 [(14)] (13) The Wildlife Board may make rules to implement this section in accordance
3223-3111with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3224-3112 Section 112. Section 23A-4-1107 is enacted to read:
3225-3113 23A-4-1107. Violation of suspension -- Criminal penalty.
3226-3114 (1) A person may not apply for, purchase, possess, or attempt to exercise the benefits
3227-3115conferred by a permit, license, or certificate of registration specified in an order of suspension
3228-3116while that order is in effect.
3229-3117 (2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
3230-3118 (3) A license possessed or obtained in violation of the order is invalid.
3231-3119 Section 113. Section 23A-4-1108, which is renumbered from Section 23-19-9.1 is
3232-3120renumbered and amended to read:
3233-3121 [23-19-9.1]. 23A-4-1108. Court-ordered action against a license.
3234-3122 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
3235-3123issued under this chapter if so ordered by a court.
3236-3124 Section 114. Section 23A-4-1109, which is renumbered from Section 23-19-9.5 is
3237-3125renumbered and amended to read:
3238-3126 [23-19-9.5]. 23A-4-1109. Warrant outstanding or failure to comply with citation
3239-3127-- Person not entitled to license, permit, tag, or certificate.
3240-3128 (1) A person may not purchase a license, permit, tag, or certificate of registration if:
3241-3129 (a) there is an outstanding Utah warrant against [him] the person for failure to appear
3242-3130in answer to a summons for a violation of:
3243-3131 (i) [a provision of] this title; or
3244-3132 (ii) a rule, proclamation, or order of the Wildlife Board; or
3245-3133 (b) [he has failed] the person fails to comply with a wildlife citation in a state which is
3246-3134a party to the Wildlife Violator Compact set forth in [Title 23, Chapter 25,] Chapter 2, Part 5,
3247-3135Wildlife Violator Compact.
3248-3136 (2) The division may allow a person referred to in Subsection (1) to purchase a license,
3249-3137permit, tag, or certificate of registration if satisfactory proof is given that: Enrolled Copy H.B. 30
3555+3438frames established in rule, proclamation, or order of the Wildlife Board;
3556+3439 (h) take protected wildlife in excess of the bag and possession limits established in
3557+3440rule, proclamation, or order of the Wildlife Board;
3558+3441 (i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
3559+3442proclamation, or order of the Wildlife Board, or by executive order of the [division] director
3560+3443pursuant to Subsection [23-14-8] 23A-2-203(4);
3561+3444 (j) practice falconry or capture, possess, or use birds in falconry;
3562+3445 (k) take [any] wildlife from an airplane or any other airborne vehicle or device or [any]
3563+3446a motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational
3564+3447vehicles;
3565+3448 (l) hold in captivity at any time any live protected wildlife;
3566+3449 (m) use or permit a dog or other domestic or trained animal to take protected wildlife;
3567+3450 (n) remove, damage, or destroy an occupied nest of protected wildlife;
3568+3451 (o) release captured or captive wildlife into the wild;
3569+3452 (p) use spotlighting to take protected wildlife;
3570+3453 (q) employ or use a means of concealment or camouflage while taking protected
3571+3454wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
3572+3455 (r) possess or use bait or other attractant to take protected wildlife which is prohibited
3573+3456in this title or a rule, proclamation, or order of the Wildlife Board;
3574+3457 (s) use [any] a decoy or recorded or electronically amplified call which is prohibited in
3575+3458this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
3576+3459 (t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
3577+3460eggs;
3578+3461 (u) [utilize] use protected wildlife for commercial purposes or financial gain as
3579+3462prohibited by Section 23A-5-304;
3580+3463 (v) enter, establish, or hold a contest or tournament involving the taking of protected
3581+3464wildlife;
3582+3465 (w) operate or participate in a commercial hunting area as described in Section
3583+3466[23-17-6] 23A-12-202; or
3584+3467 (x) operate or participate in a cooperative wildlife management unit as defined in
3585+3468Section [23-23-2] 23A-7-101. 12-19-22 10:31 PM H.B. 30
32503586 - 113 -
3251-3138 (a) the warrant is no longer outstanding; or
3252-3139 (b) [he] the person has complied with the wildlife citation.
3253-3140 Section 115. Section 23A-5-101 is enacted to read:
3254-3141 CHAPTER 5. ENFORCEMENT AND VIOLATIONS
3255-3142 Part 1. General Provisions
3256-3143 23A-5-101. Definitions.
3257-3144 Reserved.
3258-3145 Section 116. Section 23A-5-201, which is renumbered from Section 23-20-1 is
3259-3146renumbered and amended to read:
3260-3147 Part 2. Enforcement
3261-3148 [23-20-1]. 23A-5-201. Enforcement authority of conservation officers --
3262-3149Seizure and disposition of property.
3263-3150 (1) [Conservation officers] A conservation officer of the division shall enforce [the
3264-3151provisions of] this title with the same authority and following the same procedures as other law
3265-3152enforcement officers.
3266-3153 (2) (a) [Conservation officers] A conservation officer shall seize [any] protected
3267-3154wildlife illegally taken or held.
3268-3155 (b) (i) Upon determination of a defendant's guilt by the court[,]:
3269-3156 (A) the court shall confiscate the protected wildlife [shall be confiscated by the court
3270-3157and sold or otherwise disposed of by the division]; and
3271-3158 (B) the division shall sell or otherwise dispose of the protected wildlife.
3272-3159 (ii) Proceeds of [the sales] a sale under this section shall be deposited in the Wildlife
3273-3160Resources Account.
3274-3161 (iii) Migratory wildfowl may not be sold, but [shall be given] the division shall give the
3275-3162migratory wildfowl to a charitable institution [or used] for other charitable purposes.
3276-3163 (3) (a) [Conservation officers] A conservation officer may seize and impound a vehicle
3277-3164used for the unlawful taking or possessing of protected wildlife for any of the following
3278-3165purposes: H.B. 30 Enrolled Copy
3587+3469 (2) Possession of protected wildlife without a valid license, permit, tag, certificate of
3588+3470registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was
3589+3471illegally taken and is illegally held in possession.
3590+3472 (3) A person is [guilty of a class B misdemeanor] subject to the penalty under Section
3591+347323A-5-301 if the person:
3592+3474 (a) violates [any provision of] Subsection (1); and
3593+3475 (b) does so with criminal negligence as defined in Subsection 76-2-103(4).
3594+3476 Section 132. Section 23A-5-310, which is renumbered from Section 23-20-3.5 is
3595+3477renumbered and amended to read:
3596+3478 [23-20-3.5]. 23A-5-310. Taking protected wildlife while trespassing -- Criminal
3597+3479penalty.
3598+3480 (1) A person may not take or permit [his] the person's dog to take, while in violation of
3599+3481Subsection [23-20-14] 23A-5-317(2):
3600+3482 (a) protected wildlife or [their] protected wildlife parts;
3601+3483 (b) an occupied nest of protected wildlife; or
3602+3484 (c) an egg of protected wildlife.
3603+3485 (2) A person [is guilty of a class B misdemeanor if he or she violates any provision of]
3604+3486who violates Subsection (1) is subject to the penalty provided in Section 23A-5-301.
3605+3487 Section 133. Section 23A-5-311, which is renumbered from Section 23-20-4 is
3606+3488renumbered and amended to read:
3607+3489 [23-20-4]. 23A-5-311. Wanton destruction of protected wildlife -- Criminal
3608+3490penalty.
3609+3491 (1) A person is guilty of wanton destruction of protected wildlife if that person:
3610+3492 (a) commits an act in violation of [Section 23-13-4, 23-13-5, 23-13-13, 23-15-6
3611+3493through 23-15-9, 23-16-5, or Subsection 23-20-3(1);]:
3612+3494 (i) Section 23A-5-302;
3613+3495 (ii) Section 23A-5-304;
3614+3496 (iii) Sections 23A-9-302 through 23A-9-305;
3615+3497 (iv) Section 23A-11-201; or
3616+3498 (v) Subsection 23A-5-309(1);
3617+3499 (b) captures, injures, or destroys protected wildlife; and H.B. 30 12-19-22 10:31 PM
32793618 - 114 -
3280-3166 (i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
3281-3167 (ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
3282-3168warrant; or
3283-3169 (iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
3284-3170possessed.
3285-3171 (b) The division shall store [any] a seized vehicle in a public or private garage, state
3286-3172impound lot, or other secured storage facility.
3287-3173 (4) A seized vehicle shall be released to the owner no later than 30 days after the date
3288-3174the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of
3289-3175wildlife by a person who is charged with committing a felony under this title.
3290-3176 (5) (a) The owner of a seized vehicle is liable for the payment of any impound fee if the
3291-3177owner used the vehicle for the unlawful taking or possessing of wildlife and is found by a court
3292-3178to be guilty of a violation of this title.
3293-3179 (b) The owner of a seized vehicle is not liable for the payment of any impound fee or,
3294-3180if the fees have been paid, is entitled to reimbursement of the fees paid, if:
3295-3181 (i) no charges are filed or all charges are dropped [which] that involve the use of the
3296-3182vehicle for the unlawful taking or possessing of wildlife;
3297-3183 (ii) the person charged with using the vehicle for the unlawful taking or possessing of
3298-3184wildlife is found by a court to be not guilty; or
3299-3185 (iii) the owner did not consent to a use of the vehicle [which] that violates this chapter.
3300-3186 Section 117. Section 23A-5-202, which is renumbered from Section 23-20-1.5 is
3301-3187renumbered and amended to read:
3302-3188 [23-20-1.5]. 23A-5-202. Powers of law enforcement section.
3303-3189 (1) The chief and assistant chief of the law enforcement section, an enforcement
3304-3190[agents, and] agent, or conservation [officers] officer of the law enforcement section within the
3305-3191[Division of Wildlife Resources] division are vested with the powers of law enforcement
3306-3192officers throughout [all of] the counties of the state with exception of the power to serve civil
3307-3193process and: Enrolled Copy H.B. 30
3619+3500 (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
3620+350176-2-103;
3621+3502 (ii) intentionally abandons protected wildlife or a carcass;
3622+3503 (iii) commits the offense at night with the use of a weapon;
3623+3504 (iv) is under a court or division revocation of a license, tag, permit, or certificate of
3624+3505registration; or
3625+3506 (v) acts for pecuniary gain.
3626+3507 [(2) Subsection (1) does not apply to actions taken in accordance with:]
3627+3508 [(a) Title 4, Chapter 14, Utah Pesticide Control Act;]
3628+3509 [(b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or]
3629+3510 [(c) Section 23-16-3.1.]
3630+3511 [(3)] (2) [Wanton] A person who commits wanton destruction of wildlife is
3631+3512[punishable] guilty of:
3632+3513 (a) [as] a third degree felony if:
3633+3514 (i) the aggregate value of the protected wildlife determined by the values in Subsection
3634+3515[(4)] (3) is more than $500; or
3635+3516 (ii) a trophy animal was captured, injured, or destroyed;
3636+3517 (b) [as] a class A misdemeanor if the aggregate value of the protected wildlife,
3637+3518determined by the values established in Subsection [(4)] (3) is more than $250, but does not
3638+3519exceed $500; and
3639+3520 (c) [as] a class B misdemeanor if the aggregate value of the protected wildlife
3640+3521determined by the values established in Subsection [(4)] (3) is $250 or less.
3641+3522 [(4)] (3) Regardless of the restitution amounts imposed under Subsection [23-20-4.5]
3642+352323A-5-312(2), the following values are assigned to protected wildlife for the purpose of
3643+3524determining the offense for wanton destruction of wildlife:
3644+3525 (a) $1,000 per animal for:
3645+3526 (i) bison;
3646+3527 (ii) bighorn sheep;
3647+3528 (iii) rocky mountain goat;
3648+3529 (iv) moose;
3649+3530 (v) bear; 12-19-22 10:31 PM H.B. 30
33083650 - 115 -
3309-3194 (a) may serve criminal process, arrest, and prosecute [violators of any] a violator of a
3310-3195law of this state; and
3311-3196 (b) [shall have] has the same right as other law enforcement officers to require aid in
3312-3197executing [their] the duties.
3313-3198 (2) The powers and duties conferred by this section upon employees of the law
3314-3199enforcement section of the [Division of Wildlife Resources] division shall be supplementary to
3315-3200and in no way a limitation on the powers and duties of other law enforcement officers in the
3316-3201state.
3317-3202 Section 118. Section 23A-5-203, which is renumbered from Section 23-20-2 is
3318-3203renumbered and amended to read:
3319-3204 [23-20-2]. 23A-5-203. Special deputies -- Appointment -- Duties.
3320-3205 The director [of the Division of Wildlife Resources is authorized to] may appoint
3321-3206[persons] a person, on a temporary basis, as a special [deputies. These special deputies shall
3322-3207have the authority to enforce provisions of this code and all rules and regulations promulgated
3323-3208under this code.] deputy. A special deputy may enforce this title and rules made under this
3324-3209title.
3325-3210 Section 119. Section 23A-5-204, which is renumbered from Section 23-20-10 is
3326-3211renumbered and amended to read:
3327-3212 [23-20-10]. 23A-5-204. Butcher, locker, or storage plant to require proper tag
3328-3213or donation slip.
3329-3214 [It is unlawful for a] A butcher or owner or employee of a locker plant or storage plant
3330-3215[to] may not receive for processing or storage the carcass of [any] protected wildlife that by law
3331-3216or regulation is required to be tagged, unless the carcass is properly tagged or is accompanied
3332-3217with a valid donation slip.
3333-3218 Section 120. Section 23A-5-205, which is renumbered from Section 23-20-16 is
3334-3219renumbered and amended to read:
3335-3220 [23-20-16]. 23A-5-205. Enforcement -- Procedure.
3336-3221 In enforcing the misdemeanor or felony provisions of this [code] title, [the] a peace H.B. 30 Enrolled Copy
3651+3531 (vi) peregrine falcon;
3652+3532 (vii) bald eagle; or
3653+3533 (viii) endangered species;
3654+3534 (b) $750 per animal for:
3655+3535 (i) elk; or
3656+3536 (ii) threatened species;
3657+3537 (c) $500 per animal for:
3658+3538 (i) cougar;
3659+3539 (ii) golden eagle;
3660+3540 (iii) river otter; or
3661+3541 (iv) gila monster;
3662+3542 (d) $400 per animal for:
3663+3543 (i) pronghorn antelope; or
3664+3544 (ii) deer;
3665+3545 (e) $350 per animal for bobcat;
3666+3546 (f) $100 per animal for:
3667+3547 (i) swan;
3668+3548 (ii) sandhill crane;
3669+3549 (iii) turkey;
3670+3550 (iv) pelican;
3671+3551 (v) loon;
3672+3552 (vi) egrets;
3673+3553 (vii) herons;
3674+3554 (viii) raptors, except those that are threatened or endangered;
3675+3555 (ix) Utah milk snake; or
3676+3556 (x) Utah mountain king snake;
3677+3557 (g) $35 per animal for furbearers, except:
3678+3558 (i) bobcat;
3679+3559 (ii) river otter; and
3680+3560 (iii) threatened or endangered species;
3681+3561 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, H.B. 30 12-19-22 10:31 PM
33373682 - 116 -
3338-3222officer shall follow [the procedures and requirements of] Title 53, Chapter 13, Peace Officer
3339-3223Classifications.
3340-3224 Section 121. Section 23A-5-206, which is renumbered from Section 23-20-28 is
3341-3225renumbered and amended to read:
3342-3226 [23-20-28]. 23A-5-206. Search warrants.
3343-3227 (1) A search warrant may be issued by a magistrate to search for [any] property [which]
3344-3228that may constitute evidence of [any violation of the provisions of this code] a violation of this
3345-3229title, rules, [regulations,] or proclamations of the Wildlife Board upon an affidavit of [any] a
3346-3230person.
3347-3231 (2) The search warrant shall be directed to a conservation officer or a peace officer,
3348-3232directing the officer to search for evidence and to bring [it] the evidence before the magistrate.
3349-3233 (3) A search warrant may not be issued except upon probable cause supported by oath
3350-3234or affirmation, particularly describing the place, person, or thing to be searched for and the
3351-3235person or thing to be seized.
3352-3236 (4) The warrant shall be served in the daytime, unless there is reason to believe that the
3353-3237service of the search warrant is required immediately because a person may:
3354-3238 (a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;
3355-3239 (b) destroy or conceal evidence of the commission of [any] a violation; or
3356-3240 (c) injure another person or damage property.
3357-3241 (5) [The] Notwithstanding Subsection (4), a search warrant may be served at night if:
3358-3242 (a) there is reason to believe that a violation may occur at night; or
3359-3243 (b) the evidence of the violation may not be available to the officers serving the
3360-3244warrant during the day.
3361-3245 Section 122. Section 23A-5-207, which is renumbered from Section 23-20-25 is
3362-3246renumbered and amended to read:
3363-3247 [23-20-25]. 23A-5-207. Exhibition of license, permit, tag, or device required --
3364-3248Criminal penalty.
3365-3249 (1) [Any] A person while engaged in [any] an activity regulated under this title, shall Enrolled Copy H.B. 30
3683+3562largemouth bass, smallmouth bass, and wiper;
3684+3563 (i) $15 per animal for game birds, except:
3685+3564 (i) turkey;
3686+3565 (ii) swan; and
3687+3566 (iii) sandhill crane;
3688+3567 (j) $10 per animal for game fish not listed in Subsection [(4)] (3)(h);
3689+3568 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3690+3569 (l) $5 per animal for protected wildlife not listed.
3691+3570 [(5)] (4) For purposes of sentencing for a [wildlife] violation under this section, a
3692+3571person who has been convicted of a third degree felony under Subsection [(3)] (2)(a) is not
3693+3572subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8(4).
3694+3573 [(6)] (5) As part of a sentence imposed, the court shall impose a sentence of
3695+3574incarceration of not less than 20 consecutive days for a person convicted of a third degree
3696+3575felony under Subsection [(3)] (2)(a)(ii) who captured, injured, or destroyed a trophy animal for
3697+3576pecuniary gain.
3698+3577 [(7)] (6) If a person has already been convicted of a third degree felony under
3699+3578Subsection [(3)] (2)(a)(ii) once, each separate additional offense under Subsection [(3)]
3700+3579(2)(a)(ii) is punishable by, as part of a sentence imposed, a sentence of incarceration of not less
3701+3580than 20 consecutive days.
3702+3581 [(8)] (7) The court may not sentence a person subject to Subsection [(6) or (7)] (5) or
3703+3582(6) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence
3704+3583unless the court finds mitigating circumstances justifying lesser punishment and makes that
3705+3584finding a part of the court record.
3706+3585 (8) Subsection (1) does not apply to actions taken in accordance with:
3707+3586 (a) Title 4, Chapter 14, Utah Pesticide Control Act;
3708+3587 (b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
3709+3588 (c) Section 23A-8-403.
3710+3589 Section 134. Section 23A-5-312, which is renumbered from Section 23-20-4.5 is
3711+3590renumbered and amended to read:
3712+3591 [23-20-4.5]. 23A-5-312. Restitution -- Disposition of money.
3713+3592 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton 12-19-22 10:31 PM H.B. 30
33663714 - 117 -
3367-3250[be required upon demand of any] exhibit the following at the request of conservation officer or
3368-3251[any] other peace officer [to exhibit]:
3369-3252 (a) the required license, permit, or tag;
3370-3253 (b) [any] device or apparatus in that person's possession used for [any] an activity
3371-3254regulated under this title; or
3372-3255 (c) [any] wildlife in that person's possession.
3373-3256 (2) [Any] A conservation officer who has a reasonable belief that a person is engaged
3374-3257in [any] an activity regulated under this title may stop and temporarily detain that person [in
3375-3258order] to demand and inspect:
3376-3259 (a) the required license, permit, or tag;
3377-3260 (b) [any] a device or apparatus in that person's possession used for [any] an activity
3378-3261regulated under this title; or
3379-3262 (c) [any] wildlife in that person's possession.
3380-3263 (3) [Any] A person [who] is subject to the penalties of Section 23A-5-301 if the person
3381-3264fails to produce for examination to [an] a correction officer or other peace officer any of the
3382-3265required licenses, permits, tags, devices or apparatuses used for [any] an activity regulated
3383-3266under this title or [any] wildlife in that person's possession [is guilty of a class B
3384-3267misdemeanor].
3385-3268 Section 123. Section 23A-5-301, which is renumbered from Section 23-13-11 is
3386-3269renumbered and amended to read:
3387-3270 Part 3. Violations
3388-3271 [23-13-11]. 23A-5-301. Violations in general -- Criminal penalty -- Aiding or
3389-3272assisting violation.
3390-3273 (1) Except as otherwise provided in this title:
3391-3274 [(1)] (a) a violation of [any provision of] this title is a class B misdemeanor; and
3392-3275 [(2)] (b) a violation of [any] a rule of the Wildlife Board, made in accordance with
3393-3276Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or proclamation of the Wildlife
3394-3277Board is an infraction. H.B. 30 Enrolled Copy
3715+3593destruction of protected wildlife, other than a trophy animal, the court may order the defendant
3716+3594to pay restitution:
3717+3595 (a) as set forth in Subsection (2); or
3718+3596 (b) in a greater or lesser amount than the amount established in Subsection (2).
3719+3597 (2) Suggested minimum restitution values for protected wildlife are as follows:
3720+3598 (a) $1,000 per animal for:
3721+3599 (i) bison;
3722+3600 (ii) bighorn sheep;
3723+3601 (iii) rocky mountain goat;
3724+3602 (iv) moose;
3725+3603 (v) bear;
3726+3604 (vi) peregrine falcon;
3727+3605 (vii) bald eagle; or
3728+3606 (viii) endangered species;
3729+3607 (b) $750 per animal for:
3730+3608 (i) elk; or
3731+3609 (ii) threatened species;
3732+3610 (c) $500 per animal for:
3733+3611 (i) golden eagle;
3734+3612 (ii) river otter; or
3735+3613 (iii) gila monster;
3736+3614 (d) $400 per animal for:
3737+3615 (i) pronghorn antelope; or
3738+3616 (ii) deer;
3739+3617 (e) $350 per animal for:
3740+3618 (i) cougar; or
3741+3619 (ii) bobcat;
3742+3620 (f) $100 per animal for:
3743+3621 (i) swan;
3744+3622 (ii) sandhill crane;
3745+3623 (iii) turkey; H.B. 30 12-19-22 10:31 PM
33953746 - 118 -
3396-3278 (2) (a) A person may not aid or assist another person to violate this title or a rule made
3397-3279by the Wildlife Board under this title and in accordance with Title 63G, Chapter 3, Utah
3398-3280Administrative Rulemaking Act.
3399-3281 (b) The penalty for violating this Subsection (2) is the same as for the provision or rule
3400-3282for which aid or assistance is given.
3401-3283 Section 124. Section 23A-5-302, which is renumbered from Section 23-13-4 is
3402-3284renumbered and amended to read:
3403-3285 [23-13-4]. 23A-5-302. Captivity of protected wildlife unlawful -- Criminal
3404-3286penalty.
3405-3287 [It is unlawful for any] (1) A person [to] may not hold in captivity at any time [any]
3406-3288protected wildlife except as provided by this [code] title or rules [and regulations of] made by
3407-3289the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3408-3290Act.
3409-3291 (2) A person who violates this section is subject to the penalty provided in Section
3410-329223A-5-301.
3411-3293 Section 125. Section 23A-5-303, which is renumbered from Section 23-13-5 is
3412-3294renumbered and amended to read:
3413-3295 [23-13-5]. 23A-5-303. Importation or exportation and release of wildlife
3414-3296unlawful -- Criminal penalty.
3415-3297 [It is unlawful for any] (1) A person [to] may not:
3416-3298 (a) import into or export from the state [of Utah any] a species of live native or exotic
3417-3299wildlife; or [to]
3418-3300 (b) possess or release from captivity [any such] imported live wildlife [except as]
3419-3301described in Subsection (1)(a).
3420-3302 (2) Notwithstanding Subsection (1), a person may engage in an act described in
3421-3303Subsection (1) if:
3422-3304 (a) provided for in this [code] title or the rules [and regulations of] made by the
3423-3305Wildlife Board [without] in accordance with Title 63G, Chapter 3, Utah Administrative Enrolled Copy H.B. 30
3747+3624 (iv) pelican;
3748+3625 (v) loon;
3749+3626 (vi) egrets;
3750+3627 (vii) herons;
3751+3628 (viii) raptors, except those that are threatened or endangered;
3752+3629 (ix) Utah milk snake; or
3753+3630 (x) Utah mountain king snake;
3754+3631 (g) $35 per animal for furbearers, except:
3755+3632 (i) bobcat;
3756+3633 (ii) river otter; and
3757+3634 (iii) threatened or endangered species;
3758+3635 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
3759+3636largemouth bass, smallmouth bass, and wiper;
3760+3637 (i) $15 per animal for game birds, except:
3761+3638 (i) turkey;
3762+3639 (ii) swan; and
3763+3640 (iii) sandhill crane;
3764+3641 (j) $10 per animal for game fish not listed in Subsection (2)(h);
3765+3642 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3766+3643 (l) $5 per animal for protected wildlife not listed.
3767+3644 (3) If the court finds that restitution is inappropriate or if the value imposed is less than
3768+3645the suggested minimum value as provided in Subsection (2), the court shall make the reasons
3769+3646for the decision part of the court record.
3770+3647 (4) (a) The court shall order a person convicted of a third degree felony under
3771+3648Subsection [23-20-4(3)(a)(ii)] 23A-5-311(2)(a)(ii) to pay restitution in accordance with
3772+3649Subsection (4)(b).
3773+3650 (b) The minimum restitution value for a trophy animal is as follows:
3774+3651 (i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
3775+3652 (ii) $8,000 per animal for deer;
3776+3653 (iii) $8,000 per animal for elk;
3777+3654 (iv) $6,000 per animal for moose or mountain goat; 12-19-22 10:31 PM H.B. 30
34243778 - 119 -
3425-3306Rulemaking Act; and
3426-3307 (b) the person first [securing] secures written permission from the division [of Wildlife
3427-3308Resources].
3428-3309 (3) A person who violates this section is subject to the penalty provided in Section
3429-331023A-5-301.
3430-3311 Section 126. Section 23A-5-304, which is renumbered from Section 23-13-13 is
3431-3312renumbered and amended to read:
3432-3313 [23-13-13]. 23A-5-304. Commercialization of wildlife unlawful -- Criminal
3433-3314penalty.
3434-3315 [It shall be unlawful for any person to utilize] (1) A person may not use wildlife as a
3435-3316commercial venture for financial gain except as provided in this [code] title or under rules [and
3436-3317regulations of] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
3437-3318Administrative Rulemaking Act.
3438-3319 (2) A person who violates this section is subject to the penalty provided in Section
3439-332023A-5-301.
3440-3321 Section 127. Section 23A-5-305, which is renumbered from Section 23-13-14 is
3441-3322renumbered and amended to read:
3442-3323 [23-13-14]. 23A-5-305. Release of wildlife unlawful -- Criminal penalty.
3443-3324 (1) (a) A person may not release or transplant a live terrestrial or aquatic wildlife into
3444-3325the wild:
3445-3326 (i) without a certificate of registration issued by the division authorizing the release; or
3446-3327 (ii) except as provided in this title and rules [and regulations established] made by the
3447-3328Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3448-3329 (b) The division may only authorize the transplanting of big game, turkeys, wolves,
3449-3330threatened or endangered species, or sensitive species as provided in Section [23-14-21]
3450-333123A-2-209.
3451-3332 (2) Except as provided in [Subsection (3)] Section 23A-5-306, a person who violates
3452-3333Subsection (1) is guilty of a class A misdemeanor. H.B. 30 Enrolled Copy
3779+3655 (v) $6,000 per animal for bison; and
3780+3656 (vi) $2,000 per animal for pronghorn antelope.
3781+3657 (5) Restitution paid under Subsection (4) shall be remitted to the division and
3782+3658deposited in the Wildlife Resources Account.
3783+3659 (6) [Restitution money shall be used by the division] The division shall use restitution
3784+3660money for activities and programs to help stop poaching, including:
3785+3661 (a) educational programs on wildlife crime prevention;
3786+3662 (b) acquisition and development of wildlife crime detection equipment;
3787+3663 (c) operation and maintenance of anti-poaching projects; and
3788+3664 (d) wildlife law enforcement training.
3789+3665 (7) If restitution is required [it], restitution shall be in addition to:
3790+3666 (a) a fine or penalty imposed for a violation of [any provision of] this title; and
3791+3667 (b) a remedial action taken to revoke or suspend a person's license, permit, tag, or
3792+3668certificate of registration.
3793+3669 (8) A judgment imposed under this section constitutes a lien when recorded in the
3794+3670judgment docket and shall have the same effect and is subject to the same rules as a judgment
3795+3671for money in a civil action.
3796+3672 Section 135. Section 23A-5-313, which is renumbered from Section 23-20-4.7 is
3797+3673renumbered and amended to read:
3798+3674 [23-20-4.7]. 23A-5-313. Habitual wanton destruction of protected wildlife --
3799+3675Criminal penalty.
3800+3676 (1) As used in this section, "convicted" includes a guilty adjudication, guilty plea, no
3801+3677contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title
3802+367877, Chapter 2a, Pleas in Abeyance.
3803+3679 [(1)] (2) A person [is guilty of] commits habitual wanton destruction of protected
3804+3680wildlife if the person:
3805+3681 (a) takes a big game animal in violation of Section [23-20-4] 23A-5-311; and
3806+3682 (b) within seven years of the day on which the violation described in Subsection [(1)]
3807+3683(2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section
3808+3684[23-20-4] 23A-5-311.
3809+3685 [(2) "Convicted," for purposes of this section, includes a guilty adjudication, guilty H.B. 30 12-19-22 10:31 PM
34533810 - 120 -
3454-3334 [(3) A person who knowingly and without lawful authority imports, transports, or
3455-3335releases a live species of wildlife that the person knows is listed as threatened or endangered, or
3456-3336is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3457-3337the intent to establish the presence of that species in an area of the state not currently known to
3458-3338be occupied by a reproducing population of that species is guilty of a third degree felony.]
3459-3339 Section 128. Section 23A-5-306 is enacted to read:
3460-3340 23A-5-306. Import, transport, or release of threatened or endangered species --
3461-3341Criminal penalty.
3462-3342 (1) A person may not knowingly and without lawful authority import, transport, or
3463-3343release a live species of wildlife that the person knows is listed as threatened or endangered, or
3464-3344is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3465-3345the intent to establish the presence of that species in an area of the state not currently known to
3466-3346be occupied by a reproducing population of that species.
3467-3347 (2) A person who violates Subsection (1) is guilty of a third degree felony.
3468-3348 Section 129. Section 23A-5-307, which is renumbered from Section 23-13-18 is
3469-3349renumbered and amended to read:
3470-3350 [23-13-18]. 23A-5-307. Use of a computer or other device to remotely hunt
3471-3351wildlife prohibited -- Trail cameras -- Criminal penalty.
3472-3352 (1) As used in this section, "trail camera" means a device that is not held or manually
3473-3353operated by a person and is used to capture images, video, or location data of wildlife using
3474-3354heat or motion to trigger the device.
3475-3355 [(1)] (2) A person may not use a computer or other device to remotely control the
3476-3356aiming and discharge of a firearm or other weapon for hunting an animal.
3477-3357 [(2)] (3) A person who violates Subsection (1) is guilty of a class A misdemeanor.
3478-3358 [(3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
3479-3359manually operated by a person and is used to capture images, video, or location data of wildlife
3480-3360using heat or motion to trigger the device.]
3481-3361 [(b)] (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Enrolled Copy H.B. 30
3811+3686plea, no contest plea, and guilty or no contest plea entered in a plea in abeyance agreement
3812+3687under Title 77, Chapter 2a, Pleas in Abeyance.]
3813+3688 (3) [Habitual] A person who commits habitual wanton destruction of protected wildlife
3814+3689is guilty of a third degree felony.
3815+3690 Section 136. Section 23A-5-314, which is renumbered from Section 23-20-8 is
3816+3691renumbered and amended to read:
3817+3692 [23-20-8]. 23A-5-314. Waste of wildlife unlawful -- Criminal penalty.
3818+3693 (1) [Except] A person may not waste or permit to be wasted protected wildlife or a part
3819+3694of protected wildlife except as otherwise provided:
3820+3695 (a) in this title[, or];
3821+3696 (b) by rule made by the Wildlife Board under this title[,] and in accordance with Title
3822+369763G, Chapter 3, Utah Administrative Rulemaking Act; or
3823+3698 (c) by an order or proclamation [issued in accordance with a rule made by the Wildlife
3824+3699Board under this title, a person may not waste or permit to be wasted protected wildlife or a
3825+3700part of protected wildlife].
3826+3701 (2) A person who violates this section is subject to the penalty provided in Section
3827+370223A-5-301.
3828+3703 Section 137. Section 23A-5-315, which is renumbered from Section 23-20-12 is
3829+3704renumbered and amended to read:
3830+3705 [23-20-12]. 23A-5-315. Airplanes or terrestrial or aquatic vehicles -- Use in
3831+3706taking wildlife unlawful -- Exceptions -- Criminal penalty.
3832+3707 (1) [It is unlawful for any person to take any] A person may not take wildlife from an
3833+3708airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle,
3834+3709including snowmobiles and other recreational vehicles, except as provided by this [code] title
3835+3710or in the rules [and regulations] made by of the Wildlife Board in accordance with Title 63G,
3836+3711Chapter 3, Utah Administrative Rulemaking Act.
3837+3712 (2) A person who violates this section is subject to the penalty provided in Section
3838+371323A-5-301.
3839+3714 [(2)] (3) Notwithstanding Subsection (1), the Wildlife Board may authorize an
3840+3715individual validly licensed to hunt [may be authorized], to hunt from a vehicle under terms and
3841+3716conditions specified by the Wildlife Board if the individual has: 12-19-22 10:31 PM H.B. 30
34823842 - 121 -
3483-3362Act, the Wildlife Board shall make rules regulating the use of trail cameras.
3484-3363 [(c)] (b) The division shall provide an annual report to the Natural Resources,
3485-3364Agriculture, and Environment Interim Committee regarding rules made or changed in
3486-3365accordance with this Subsection [(3)] (4).
3487-3366 (c) A person who violates rules made by the Wildlife Board under this Subsection (4)
3488-3367is subject to the penalty provided in Section 23A-5-301.
3489-3368 Section 130. Section 23A-5-308, which is renumbered from Section 23-13-19 is
3490-3369renumbered and amended to read:
3491-3370 [23-13-19]. 23A-5-308. Administering substances to protected wildlife
3492-3371prohibited -- Exceptions -- Criminal penalty.
3493-3372 (1) For purposes of this section:
3494-3373 (a) "Administer" means the application of a substance by any method, including:
3495-3374 (i) injection;
3496-3375 (ii) inhalation;
3497-3376 (iii) ingestion; or
3498-3377 (iv) absorption.
3499-3378 (b) "Agricultural producer" means a person who produces an agricultural product.
3500-3379 (c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
3501-3380 (d) "Substance" means a chemical or organic substance that:
3502-3381 (i) pacifies;
3503-3382 (ii) sedates;
3504-3383 (iii) immobilizes;
3505-3384 (iv) harms;
3506-3385 (v) kills;
3507-3386 (vi) controls fertility; or
3508-3387 (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
3509-3388 (2) Except as authorized by Subsection [(3)] (4) or a rule made by the Wildlife Board
3510-3389in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may H.B. 30 Enrolled Copy
3843+3717 (a) paraplegia; or
3844+3718 (b) a disability that permanently confines the individual to a wheelchair or the use of
3845+3719crutches.
3846+3720 Section 138. Section 23A-5-316, which is renumbered from Section 23-20-13 is
3847+3721renumbered and amended to read:
3848+3722 [23-20-13]. 23A-5-316. Signs or equipment -- Damage or destruction unlawful
3849+3723-- Criminal penalty.
3850+3724 (1) A person may not:
3851+3725 [(1)] (a) shoot at, shoot, deface, damage, remove, or destroy [any division signs or
3852+3726placards ] a division sign or placard located in [any part of] this state; or
3853+3727 [(2)] (b) damage, destroy, remove, or cause to be damaged, destroyed, or removed
3854+3728[any] equipment or devices owned, controlled, or operated by the [Division of Wildlife
3855+3729Resources] division.
3856+3730 (2) A person who violates this section is subject to the penalty provided in Section
3857+373123A-5-301.
3858+3732 Section 139. Section 23A-5-317, which is renumbered from Section 23-20-14 is
3859+3733renumbered and amended to read:
3860+3734 [23-20-14]. 23A-5-317. Posted property -- Hunting by permission -- Entry on
3861+3735private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable
3862+3736to officers.
3863+3737 (1) As used in this section:
3864+3738 (a) "Cultivated land" means land that is readily identifiable as:
3865+3739 (i) land whose soil is loosened or broken up for the raising of crops;
3866+3740 (ii) land used for the raising of crops; or
3867+3741 (iii) pasturage which is artificially irrigated.
3868+3742 [(b) "Division" means the Division of Wildlife Resources.]
3869+3743 [(c)] (b) "Permission" means written authorization from the owner or person in charge
3870+3744to enter upon private land that is either cultivated or properly posted, and shall include:
3871+3745 (i) the signature of the owner or person in charge;
3872+3746 (ii) the name of the person being given permission;
3873+3747 (iii) the appropriate dates; and H.B. 30 12-19-22 10:31 PM
35113874 - 122 -
3512-3390not administer or attempt to administer a substance to protected wildlife.
3513-3391 (3) A person who violates this section is subject to the penalty provided in Section
3514-339223A-5-301.
3515-3393 [(3)] (4) (a) A division employee or a person with written permission from the division
3516-3394may administer a substance to protected wildlife if that employee or person administers the
3517-3395substance to promote wildlife management and conservation.
3518-3396 (b) One or more of the following may administer a substance to protected wildlife that
3519-3397the person is authorized by this title, the Wildlife Board, or the division to possess:
3520-3398 (i) a licensed veterinarian;
3521-3399 (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
3522-3400 (iii) a person who is following written instructions for veterinary care from a licensed
3523-3401veterinarian.
3524-3402 [(4) A] (5) Notwithstanding the other provisions of this section, a person is not liable
3525-3403under this section for administering a substance, notwithstanding the substance has an effect
3526-3404described in Subsection (1)(d) on protected wildlife, if:
3527-3405 (a) an agricultural producer administers the substance:
3528-3406 (i) for the sole purpose of producing an agricultural product and not for the purpose of
3529-3407affecting protected wildlife in a manner described in Subsection (1)(d);
3530-3408 (ii) consistent with generally accepted agricultural practices; and
3531-3409 (iii) in compliance with applicable local, state, and federal law; or
3532-3410 (b) the protected wildlife presents an immediate threat of death or serious bodily injury
3533-3411to a person.
3534-3412 Section 131. Section 23A-5-309, which is renumbered from Section 23-20-3 is
3535-3413renumbered and amended to read:
3536-3414 [23-20-3]. 23A-5-309. Taking, transporting, selling, or purchasing protected
3537-3415wildlife illegal except as authorized -- Criminal penalty.
3538-3416 (1) Except as provided in this title or a rule, proclamation, or order of the Wildlife
3539-3417Board, a person may not: Enrolled Copy H.B. 30
3875+3748 (iv) a general description of the property.
3876+3749 [(d)] (c) "Properly posted" means that signs prohibiting trespass or bright yellow,
3877+3750bright orange, or fluorescent paint are clearly displayed:
3878+3751 (i) at [all] the corners, fishing streams crossing property lines, roads, gates, and
3879+3752rights-of-way entering the land; or
3880+3753 (ii) in a manner that would reasonably be expected to be seen by a person in the area.
3881+3754 (2) (a) While taking wildlife or engaging in wildlife related activities, a person may
3882+3755not:
3883+3756 (i) without permission, enter upon privately owned land that is cultivated or properly
3884+3757posted;
3885+3758 (ii) enter or remain on privately owned land if the person has notice to not enter or
3886+3759remain on the privately owned land; or
3887+3760 (iii) obstruct [any] an entrance or exit to private property.
3888+3761 (b) A person has notice to not enter or remain on privately owned land if:
3889+3762 (i) the person is directed to not enter or remain on the land by:
3890+3763 (A) the owner of the land;
3891+3764 (B) the owner's employee; or
3892+3765 (C) a person with apparent authority to act for the owner; or
3893+3766 (ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
3894+3767would recognize as intended to exclude intruders.
3895+3768 (c) The division shall provide "hunting by permission cards" to a landowner upon the
3896+3769landowner's request.
3897+3770 (d) A person may not post:
3898+3771 (i) private property the person does not own or legally control; or
3899+3772 (ii) land that is open to the public as provided by Section [23-21-4] 23A-6-402.
3900+3773 (3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in
3901+3774Section 23A-5-301 and liable for the civil damages described in Subsection (7).
3902+3775 [(3)] (4) (a) A person convicted of violating Subsection (2)(a) may have the person's
3903+3776license, tag, certificate of registration, or permit, relating to the activity engaged in at the time
3904+3777of the violation, revoked by a hearing officer.
3905+3778 (b) A hearing officer may construe [any] a subsequent conviction [which] that occurs 12-19-22 10:31 PM H.B. 30
35403906 - 123 -
3541-3418 (a) take protected wildlife or [its] wildlife parts;
3542-3419 (b) collect, import, possess, transport, propagate, store, donate, transfer, or export
3543-3420protected wildlife or [its] wildlife parts;
3544-3421 (c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or [its]
3545-3422wildlife parts without having previously procured the necessary licenses, permits, tags, federal
3546-3423stamps, certificates of registration, authorizations, and receipts required in this title or a rule,
3547-3424proclamation, or order of the Wildlife Board;
3548-3425 (d) take protected wildlife with [any] a weapon, ammunition, implement, tool, device,
3549-3426or any part of any of these not specifically authorized in this title or a rule, proclamation, or
3550-3427order of the Wildlife Board;
3551-3428 (e) possess while in pursuit of protected wildlife [any] a weapon, ammunition,
3552-3429implement, tool, device, or any part of any of these not specifically authorized in this title or a
3553-3430rule, proclamation, or order of the Wildlife Board;
3554-3431 (f) take protected wildlife using [any] a method, means, process, or practice not
3555-3432specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
3556-3433 (g) take protected wildlife outside the season dates, location boundaries, and daily time
3557-3434frames established in rule, proclamation, or order of the Wildlife Board;
3558-3435 (h) take protected wildlife in excess of the bag and possession limits established in
3559-3436rule, proclamation, or order of the Wildlife Board;
3560-3437 (i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
3561-3438proclamation, or order of the Wildlife Board, or by executive order of the [division] director
3562-3439pursuant to Subsection [23-14-8] 23A-2-203(4);
3563-3440 (j) practice falconry or capture, possess, or use birds in falconry;
3564-3441 (k) take [any] wildlife from an airplane or any other airborne vehicle or device or [any]
3565-3442a motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational
3566-3443vehicles;
3567-3444 (l) hold in captivity at any time any live protected wildlife;
3568-3445 (m) use or permit a dog or other domestic or trained animal to take protected wildlife; H.B. 30 Enrolled Copy
3907+3779within a five-year period as a flagrant violation and may prohibit the person from obtaining a
3908+3780new license, tag, certificate of registration, or permit for a period of up to five years.
3909+3781 [(4)] (5) Subsection (2)(a) does not apply to peace or conservation officers in the
3910+3782performance of their duties.
3911+3783 [(5)] (6) (a) The division shall provide information regarding owners' rights and
3912+3784[sportsmen's] duties:
3913+3785 (i) to anyone holding [licenses, certificates of registration, tags, or permits] a license,
3914+3786certificate of registration, tag, or permit to take wildlife; and
3915+3787 (ii) by using the public media and other sources.
3916+3788 (b) The Wildlife Board shall state restrictions in this section relating to trespassing
3917+3789[shall be stated in all] in the hunting and fishing proclamations issued by the Wildlife Board.
3918+3790 [(6) A person who violates Subsection (2)(a) or (d) is guilty of a class B misdemeanor
3919+3791and liable for the civil damages described in Subsection (7).]
3920+3792 (7) In addition to an order for restitution under Section 77-38b-205, a person who
3921+3793commits a violation of Subsection (2)(a) or (d) may also be liable for:
3922+3794 (a) the greater of:
3923+3795 [(a)] (i) statutory damages in the amount of three times the value of damages resulting
3924+3796from the violation of Subsection (2)(a) or (d); or
3925+3797 (ii) $500[, whichever is greater]; and
3926+3798 (b) reasonable attorney fees not to exceed $250, and court costs.
3927+3799 (8) Civil damages under Subsection (7) may be collected in a separate action by the
3928+3800property owner or the property owner's assignee.
3929+3801 Section 140. Section 23A-5-318, which is renumbered from Section 23-20-15 is
3930+3802renumbered and amended to read:
3931+3803 [23-20-15]. 23A-5-318. Destruction of signs or inclosure on private land
3932+3804unlawful -- Criminal penalty.
3933+3805 [It is unlawful for any person,]
3934+3806 (1) A person may not, without the consent of the owner or person in charge of [any]
3935+3807privately owned land[, to]:
3936+3808 (a) tear down, mutilate, or destroy [any] a sign, signboard, or other notice [which] that
3937+3809regulates trespassing for purposes of hunting, trapping, or fishing on this land; or [to, without H.B. 30 12-19-22 10:31 PM
35693938 - 124 -
3570-3446 (n) remove, damage, or destroy an occupied nest of protected wildlife;
3571-3447 (o) release captured or captive wildlife into the wild;
3572-3448 (p) use spotlighting to take protected wildlife;
3573-3449 (q) employ or use a means of concealment or camouflage while taking protected
3574-3450wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
3575-3451 (r) possess or use bait or other attractant to take protected wildlife which is prohibited
3576-3452in this title or a rule, proclamation, or order of the Wildlife Board;
3577-3453 (s) use [any] a decoy or recorded or electronically amplified call which is prohibited in
3578-3454this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
3579-3455 (t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
3580-3456eggs;
3581-3457 (u) [utilize] use protected wildlife for commercial purposes or financial gain as
3582-3458prohibited by Section 23A-5-304;
3583-3459 (v) enter, establish, or hold a contest or tournament involving the taking of protected
3584-3460wildlife;
3585-3461 (w) operate or participate in a commercial hunting area as described in Section
3586-3462[23-17-6] 23A-12-202; or
3587-3463 (x) operate or participate in a cooperative wildlife management unit as defined in
3588-3464Section [23-23-2] 23A-7-101.
3589-3465 (2) Possession of protected wildlife without a valid license, permit, tag, certificate of
3590-3466registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was
3591-3467illegally taken and is illegally held in possession.
3592-3468 (3) A person is [guilty of a class B misdemeanor] subject to the penalty under Section
3593-346923A-5-301 if the person:
3594-3470 (a) violates [any provision of] Subsection (1); and
3595-3471 (b) does so with criminal negligence as defined in Subsection 76-2-103(4).
3596-3472 Section 132. Section 23A-5-310, which is renumbered from Section 23-20-3.5 is
3597-3473renumbered and amended to read: Enrolled Copy H.B. 30
3939+3810such consent,]
3940+3811 (b) tear down, deface, or destroy [any]:
3941+3812 (i) a fence or other inclosure on [this] the privately owned land[, or any]; or
3942+3813 (ii) a gate or bars belonging to [any such] a fence or inclosure on the privately owned
3943+3814land.
3944+3815 (2) A person who violates this section is subject to the penalty provided in Section
3945+381623A-5-301.
3946+3817 Section 141. Section 23A-5-319, which is renumbered from Section 23-20-18 is
3947+3818renumbered and amended to read:
3948+3819 [23-20-18]. 23A-5-319. Interference with, intimidation, or harassment of officer
3949+3820unlawful.
3950+3821 [It is unlawful for any person to]
3951+3822 (1) A person my not interfere with, intimidate, or harass a conservation officer or
3952+3823special deputy in the lawful performance of [his] the conservation officer's or special deputy's
3953+3824duty.
3954+3825 (2) A person who violates this section is subject to the penalty provided in Section
3955+382623A-5-301.
3956+3827 Section 142. Section 23A-5-320, which is renumbered from Section 23-20-19 is
3957+3828renumbered and amended to read:
3958+3829 [23-20-19]. 23A-5-320. Failure to stop at roadblocks or checking stations
3959+3830unlawful.
3960+3831 [It is unlawful for any person to fail to stop at Division of Wildlife Resources road
3961+3832blocks or checking stations where]
3962+3833 (1) A person may not fail to stop at a division roadblock or checking station when a
3963+3834stop sign or red or blue light is displayed.
3964+3835 (2) A person who violates this section is subject to the penalty provided in Section
3965+383623A-5-301.
3966+3837 Section 143. Section 23A-5-321, which is renumbered from Section 23-20-29 is
3967+3838renumbered and amended to read:
3968+3839 [23-20-29]. 23A-5-321. Interference with hunting prohibited -- Action to
3969+3840recover damages -- Exceptions -- Criminal penalty. 12-19-22 10:31 PM H.B. 30
35983970 - 125 -
3599-3474 [23-20-3.5]. 23A-5-310. Taking protected wildlife while trespassing -- Criminal
3600-3475penalty.
3601-3476 (1) A person may not take or permit [his] the person's dog to take, while in violation of
3602-3477Subsection [23-20-14] 23A-5-317(2):
3603-3478 (a) protected wildlife or [their] protected wildlife parts;
3604-3479 (b) an occupied nest of protected wildlife; or
3605-3480 (c) an egg of protected wildlife.
3606-3481 (2) A person [is guilty of a class B misdemeanor if he or she violates any provision of]
3607-3482who violates Subsection (1) is subject to the penalty provided in Section 23A-5-301.
3608-3483 Section 133. Section 23A-5-311, which is renumbered from Section 23-20-4 is
3609-3484renumbered and amended to read:
3610-3485 [23-20-4]. 23A-5-311. Wanton destruction of protected wildlife -- Criminal
3611-3486penalty.
3612-3487 (1) A person is guilty of wanton destruction of protected wildlife if that person:
3613-3488 (a) commits an act in violation of [Section 23-13-4, 23-13-5, 23-13-13, 23-15-6
3614-3489through 23-15-9, 23-16-5, or Subsection 23-20-3(1);]:
3615-3490 (i) Section 23A-5-302;
3616-3491 (ii) Section 23A-5-304;
3617-3492 (iii) Sections 23A-9-302 through 23A-9-305;
3618-3493 (iv) Section 23A-11-201; or
3619-3494 (v) Subsection 23A-5-309(1);
3620-3495 (b) captures, injures, or destroys protected wildlife; and
3621-3496 (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
3622-349776-2-103;
3623-3498 (ii) intentionally abandons protected wildlife or a carcass;
3624-3499 (iii) commits the offense at night with the use of a weapon;
3625-3500 (iv) is under a court or division revocation of a license, tag, permit, or certificate of
3626-3501registration; or H.B. 30 Enrolled Copy
3971+3841 (1) A person [is guilty of a class B misdemeanor who intentionally interferes] may not
3972+3842interfere with the right of a person licensed and legally hunting under Chapter [19] 4, Licenses,
3973+3843Permits, Certificates of Registration, and Tags, to take wildlife by driving, harassing, or
3974+3844intentionally disturbing [any] a species of wildlife for the purpose of disrupting a legal hunt,
3975+3845trapping, or predator control.
3976+3846 (2) A person who violates this section is subject to the penalty provided in Section
3977+384723A-5-301.
3978+3848 [(2)] (3) [Any] A directly affected person or the state may bring an action to recover
3979+3849civil damages resulting from a violation of Subsection (1) or a restraining order to prevent a
3980+3850potential violation of Subsection (1).
3981+3851 [(3)] (4) This section does not apply to incidental interference with a hunt caused by
3982+3852lawful activities including ranching, mining, and recreation.
3983+3853 Section 144. Section 23A-5-322, which is renumbered from Section 23-20-29.5 is
3984+3854renumbered and amended to read:
3985+3855 [23-20-29.5]. 23A-5-322. Interference with hunters or hunting activity --
3986+3856Criminal penalty.
3987+3857 A person who intentionally interferes with a person who is licensed and taking wildlife
3988+3858legally under [the provision of Title 23, Chapter 19] Chapter 4, Licenses, Permits, Certificates
3989+3859of Registration, and Tags, or disrupts an activity involving a legal hunt, trapping, falconry, or
3990+3860predator control may be charged with a violation under Section 76-9-102 if that interference or
3991+3861disruption constitutes a violation under Section 76-9-102.
3992+3862 Section 145. Section 23A-6-101, which is renumbered from Section 23-21-.5 is
3993+3863renumbered and amended to read:
3994+3864 CHAPTER 6. LANDS AND WATERS FOR WILDLIFE PURPOSES
3995+3865 Part 1. General Provisions
3996+3866 [23-21-.5]. 23A-6-101. Definitions.
3997+3867 As used in this chapter:
3998+3868 (1) (a) "General plan" means a document that a municipality or county adopts that sets
3999+3869forth general guidelines for proposed future development of the land within the municipality or
4000+3870county [and].
4001+3871 (b) "General plan" includes what is commonly referred to as a "master plan." H.B. 30 12-19-22 10:31 PM
36274002 - 126 -
3628-3502 (v) acts for pecuniary gain.
3629-3503 [(2) Subsection (1) does not apply to actions taken in accordance with:]
3630-3504 [(a) Title 4, Chapter 14, Utah Pesticide Control Act;]
3631-3505 [(b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or]
3632-3506 [(c) Section 23-16-3.1.]
3633-3507 [(3)] (2) [Wanton] A person who commits wanton destruction of wildlife is
3634-3508[punishable] guilty of:
3635-3509 (a) [as] a third degree felony if:
3636-3510 (i) the aggregate value of the protected wildlife determined by the values in Subsection
3637-3511[(4)] (3) is more than $500; or
3638-3512 (ii) a trophy animal was captured, injured, or destroyed;
3639-3513 (b) [as] a class A misdemeanor if the aggregate value of the protected wildlife,
3640-3514determined by the values established in Subsection [(4)] (3) is more than $250, but does not
3641-3515exceed $500; and
3642-3516 (c) [as] a class B misdemeanor if the aggregate value of the protected wildlife
3643-3517determined by the values established in Subsection [(4)] (3) is $250 or less.
3644-3518 [(4)] (3) Regardless of the restitution amounts imposed under Subsection [23-20-4.5]
3645-351923A-5-312(2), the following values are assigned to protected wildlife for the purpose of
3646-3520determining the offense for wanton destruction of wildlife:
3647-3521 (a) $1,000 per animal for:
3648-3522 (i) bison;
3649-3523 (ii) bighorn sheep;
3650-3524 (iii) rocky mountain goat;
3651-3525 (iv) moose;
3652-3526 (v) bear;
3653-3527 (vi) peregrine falcon;
3654-3528 (vii) bald eagle; or
3655-3529 (viii) endangered species; Enrolled Copy H.B. 30
4003+3872 (2) "Management plan" means a document prepared in accordance with this chapter
4004+3873that describes how one or more tracts of land owned or managed by the [Division of Wildlife
4005+3874Resources] division are to be used.
4006+3875 [(3) "Regional advisory council" means a council created pursuant to Section
4007+387623-14-2.6.]
4008+3877 [(4)] (3) "Wildlife management area" means:
4009+3878 (a) a single tract of land owned or managed by the division; or
4010+3879 (b) two or more tracts of land owned or managed by the division that are within close
4011+3880proximity of each other and managed as a single unit.
4012+3881 Section 146. Section 23A-6-201, which is renumbered from Section 23-21-1 is
4013+3882renumbered and amended to read:
4014+3883 Part 2. Acquisition
4015+3884 [23-21-1]. 23A-6-201. Acquisition of lands, waters, and rights-of-way --
4016+3885Authority of division.
4017+3886 The [Division of Wildlife Resources shall have the power to] division may acquire
4018+3887lands, waters, and rights-of-way by purchase, lease, agreement, gift, exchange, contribution, or
4019+3888any other lawful means, for authorized activities of the [Division of Wildlife Resources]
4020+3889division as outlined by this [code] title and the rules [and regulations of] made by the Wildlife
4021+3890Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4022+3891 Section 147. Section 23A-6-202, which is renumbered from Section 23-21-1.5 is
4023+3892renumbered and amended to read:
4024+3893 [23-21-1.5]. 23A-6-202. Acquisition of real property held in private ownership --
4025+3894Published notice and governor's approval required.
4026+3895 (1) The [Division of Wildlife Resources] division may not acquire title to real property
4027+3896held in private ownership without first:
4028+3897 (a) publishing a notice of the proposed acquisition:
4029+3898 (i) in a newspaper of general circulation in the county in which the property is located;
4030+3899and
4031+3900 (ii) as required in Section 45-1-101; and
4032+3901 (b) obtaining the approval of the governor.
4033+3902 (2) [The requirements of] Subsection (1) [apply] applies whether title to real property 12-19-22 10:31 PM H.B. 30
36564034 - 127 -
3657-3530 (b) $750 per animal for:
3658-3531 (i) elk; or
3659-3532 (ii) threatened species;
3660-3533 (c) $500 per animal for:
3661-3534 (i) cougar;
3662-3535 (ii) golden eagle;
3663-3536 (iii) river otter; or
3664-3537 (iv) gila monster;
3665-3538 (d) $400 per animal for:
3666-3539 (i) pronghorn antelope; or
3667-3540 (ii) deer;
3668-3541 (e) $350 per animal for bobcat;
3669-3542 (f) $100 per animal for:
3670-3543 (i) swan;
3671-3544 (ii) sandhill crane;
3672-3545 (iii) turkey;
3673-3546 (iv) pelican;
3674-3547 (v) loon;
3675-3548 (vi) egrets;
3676-3549 (vii) herons;
3677-3550 (viii) raptors, except those that are threatened or endangered;
3678-3551 (ix) Utah milk snake; or
3679-3552 (x) Utah mountain king snake;
3680-3553 (g) $35 per animal for furbearers, except:
3681-3554 (i) bobcat;
3682-3555 (ii) river otter; and
3683-3556 (iii) threatened or endangered species;
3684-3557 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, H.B. 30 Enrolled Copy
4035+3903held in private ownership is acquired through a purchase, donation, or other means.
4036+3904 (3) In the case of a proposed purchase of private property, the [notice may be
4037+3905published] division may publish notice after earnest money is paid.
4038+3906 (4) The published notice shall inform the public regarding:
4039+3907 (a) the proposed use of the [land] real property;
4040+3908 (b) any conditions on the acquisition of the [land] real property placed by donors, the
4041+3909federal government, sellers, or others specifying how the [land must] real property is to be
4042+3910used;
4043+3911 (c) any changes to existing land uses that are anticipated; and
4044+3912 (d) the public comment submission process for comments on the proposed acquisition.
4045+3913 (5) The governor shall:
4046+3914 (a) submit a notification of the proposed acquisition to:
4047+3915 (i) the county executive of the county in which the real property is located;
4048+3916 (ii) the legislators of the legislative districts in which the [lands are] real property is
4049+3917located; and
4050+3918 (iii) the School and Institutional Trust Lands Administration; and
4051+3919 (b) invite those notified to submit [any] comments on the proposed acquisition.
4052+3920 (6) After considering comments on the proposed acquisition, the governor may:
4053+3921 (a) approve the acquisition in whole or in part; or
4054+3922 (b) disapprove the acquisition.
4055+3923 Section 148. Section 23A-6-203, which is renumbered from Section 23-21-2 is
4056+3924renumbered and amended to read:
4057+3925 [23-21-2]. 23A-6-203. Payments in lieu of property taxes on property
4058+3926purchased by division.
4059+3927 [Prior to] (1) Before the purchase of [any] real property held in private ownership, the
4060+3928[Division of Wildlife Resources] division shall:
4061+3929 (a) first submit the proposition to the county legislative body in a regular open public
4062+3930meeting in the county where the real property is located; and [shall]
4063+3931 (b) by contractual agreement with the county legislative body, approved by the
4064+3932executive director [of the Department of Natural Resources], agree to pay an amount of money
4065+3933in lieu of property taxes to the county. H.B. 30 12-19-22 10:31 PM
36854066 - 128 -
3686-3558largemouth bass, smallmouth bass, and wiper;
3687-3559 (i) $15 per animal for game birds, except:
3688-3560 (i) turkey;
3689-3561 (ii) swan; and
3690-3562 (iii) sandhill crane;
3691-3563 (j) $10 per animal for game fish not listed in Subsection [(4)] (3)(h);
3692-3564 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3693-3565 (l) $5 per animal for protected wildlife not listed.
3694-3566 [(5)] (4) For purposes of sentencing for a [wildlife] violation under this section, a
3695-3567person who has been convicted of a third degree felony under Subsection [(3)] (2)(a) is not
3696-3568subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8(4).
3697-3569 [(6)] (5) As part of a sentence imposed, the court shall impose a sentence of
3698-3570incarceration of not less than 20 consecutive days for a person convicted of a third degree
3699-3571felony under Subsection [(3)] (2)(a)(ii) who captured, injured, or destroyed a trophy animal for
3700-3572pecuniary gain.
3701-3573 [(7)] (6) If a person has already been convicted of a third degree felony under
3702-3574Subsection [(3)] (2)(a)(ii) once, each separate additional offense under Subsection [(3)]
3703-3575(2)(a)(ii) is punishable by, as part of a sentence imposed, a sentence of incarceration of not less
3704-3576than 20 consecutive days.
3705-3577 [(8)] (7) The court may not sentence a person subject to Subsection [(6) or (7)] (5) or
3706-3578(6) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence
3707-3579unless the court finds mitigating circumstances justifying lesser punishment and makes that
3708-3580finding a part of the court record.
3709-3581 (8) Subsection (1) does not apply to actions taken in accordance with:
3710-3582 (a) Title 4, Chapter 14, Utah Pesticide Control Act;
3711-3583 (b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
3712-3584 (c) Section 23A-8-403.
3713-3585 Section 134. Section 23A-5-312, which is renumbered from Section 23-20-4.5 is Enrolled Copy H.B. 30
4067+3934 (2) The division shall, by contractual agreement with the county legislative body in
4068+3935which [any] real property previously acquired from private ownership and now owned by the
4069+3936division is located, agree to pay annually an amount of money in lieu of wildlife resource fine
4070+3937money, previously paid to the county. [Payments]
4071+3938 (3) A payment provided for in this section [will] may not:
4072+3939 (a) exceed what the regularly assessed real property taxes would be if the [land] real
4073+3940property had remained in private ownership; and [these payments may not]
4074+3941 (b) include [any] an amount for buildings, installations, fixtures, improvements or
4075+3942personal property located upon the [land] real property or for those acquired, constructed, or
4076+3943placed by the division after [it] the division acquires the [land] real property.
4077+3944 Section 149. Section 23A-6-204, which is renumbered from Section 23-21-6 is
4078+3945renumbered and amended to read:
4079+3946 [23-21-6]. 23A-6-204. Acquisition of lands by United States for migratory bird
4080+3947refuges.
4081+3948 (1) (a) The [consent of the state of Utah is given] state consents to acquisition by the
4082+3949United States of [such] the areas of land or water in the state, as the United States may [deem]
4083+3950consider necessary, by and with the consent of the county legislative body of the county where
4084+3951the land or water are located and after approval of application, subject to the laws of the state
4085+3952[of Utah] for water rights, for the establishment and maintenance of migratory waterfowl
4086+3953refuges in accordance with and for the purpose of the [Act of Congress approved February 18,
4087+39541929, entitled "]Migratory Bird Conservation Act["], 16 U.S.C. Sec. 715 to 715s, as amended,
4088+3955and [the Act of Congress approved March 16, 1935, entitled "]Migratory Bird Hunting Stamp
4089+3956Act,["] 16 U.S.C. Sec. 718a to 718k, as amended[; and the same may be used by the United
4090+3957States].
4091+3958 (b) The United States may use the land or water described in this Subsection (1) as
4092+3959refuge for migratory birds, reserving[, however,] to the state [of Utah] jurisdiction, both civil
4093+3960and criminal, of persons upon the areas [so] acquired except so far as the punishment of
4094+3961offenses against the United States are concerned.
4095+3962 (2) (a) [Nothing in this section shall be] This section may not be construed to impose
4096+3963[under] upon the state or [any] an agency of [it any] the state an obligation to convey to the
4097+3964United States any interest in land or water owned or controlled by the state, except upon 12-19-22 10:31 PM H.B. 30
37144098 - 129 -
3715-3586renumbered and amended to read:
3716-3587 [23-20-4.5]. 23A-5-312. Restitution -- Disposition of money.
3717-3588 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
3718-3589destruction of protected wildlife, other than a trophy animal, the court may order the defendant
3719-3590to pay restitution:
3720-3591 (a) as set forth in Subsection (2); or
3721-3592 (b) in a greater or lesser amount than the amount established in Subsection (2).
3722-3593 (2) Suggested minimum restitution values for protected wildlife are as follows:
3723-3594 (a) $1,000 per animal for:
3724-3595 (i) bison;
3725-3596 (ii) bighorn sheep;
3726-3597 (iii) rocky mountain goat;
3727-3598 (iv) moose;
3728-3599 (v) bear;
3729-3600 (vi) peregrine falcon;
3730-3601 (vii) bald eagle; or
3731-3602 (viii) endangered species;
3732-3603 (b) $750 per animal for:
3733-3604 (i) elk; or
3734-3605 (ii) threatened species;
3735-3606 (c) $500 per animal for:
3736-3607 (i) golden eagle;
3737-3608 (ii) river otter; or
3738-3609 (iii) gila monster;
3739-3610 (d) $400 per animal for:
3740-3611 (i) pronghorn antelope; or
3741-3612 (ii) deer;
3742-3613 (e) $350 per animal for: H.B. 30 Enrolled Copy
4099+3965appropriate terms and for adequate consideration.
4100+3966 (b) The reservation to the state of coal and other minerals in lands sold by [it] the state
4101+3967within areas so established and easements retained by the state to prospect for, mine, and
4102+3968remove the same are declared to be subject to rules and regulations prescribed from time to
4103+3969time by the Secretary of the Interior for the occupation, use, operation, protection, and
4104+3970administration of these areas as refuges for migratory birds.
4105+3971 Section 150. Section 23A-6-301, which is renumbered from Section 23-21-2.1 is
4106+3972renumbered and amended to read:
4107+3973 Part 3. Management Plans
4108+3974 [23-21-2.1]. 23A-6-301. Management plans.
4109+3975 (1) The division shall prepare a management plan for each wildlife management area.
4110+3976Upon adoption of a management plan by the [division] director, the division shall manage the
4111+3977lands [shall be managed] within the wildlife management area in accordance with the
4112+3978management plan.
4113+3979 (2) [Each] A management plan shall include:
4114+3980 (a) a statement of the proposed or anticipated uses;
4115+3981 (b) a description of [any] management limitations or conditions covering the wildlife
4116+3982management area;
4117+3983 (c) an inventory of the existing conditions;
4118+3984 (d) a statement of the desired future condition of the wildlife management area;
4119+3985 (e) a list of strategies that may be implemented to achieve the desired future condition;
4120+3986and
4121+3987 (f) a description of any reallocation of forage, water, or other resource appurtenant to
4122+3988the land within the wildlife management area.
4123+3989 Section 151. Section 23A-6-302, which is renumbered from Section 23-21-2.2 is
4124+3990renumbered and amended to read:
4125+3991 [23-21-2.2]. 23A-6-302. Preparation of management plans -- Participation by
4126+3992interested persons and local and tribal governments -- Compatibility with local
4127+3993government plans and existing rights.
4128+3994 (1) The division shall invite persons who may have an interest in how the land in a
4129+3995wildlife management area is managed to participate in the management planning process. H.B. 30 12-19-22 10:31 PM
37434130 - 130 -
3744-3614 (i) cougar; or
3745-3615 (ii) bobcat;
3746-3616 (f) $100 per animal for:
3747-3617 (i) swan;
3748-3618 (ii) sandhill crane;
3749-3619 (iii) turkey;
3750-3620 (iv) pelican;
3751-3621 (v) loon;
3752-3622 (vi) egrets;
3753-3623 (vii) herons;
3754-3624 (viii) raptors, except those that are threatened or endangered;
3755-3625 (ix) Utah milk snake; or
3756-3626 (x) Utah mountain king snake;
3757-3627 (g) $35 per animal for furbearers, except:
3758-3628 (i) bobcat;
3759-3629 (ii) river otter; and
3760-3630 (iii) threatened or endangered species;
3761-3631 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
3762-3632largemouth bass, smallmouth bass, and wiper;
3763-3633 (i) $15 per animal for game birds, except:
3764-3634 (i) turkey;
3765-3635 (ii) swan; and
3766-3636 (iii) sandhill crane;
3767-3637 (j) $10 per animal for game fish not listed in Subsection (2)(h);
3768-3638 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3769-3639 (l) $5 per animal for protected wildlife not listed.
3770-3640 (3) If the court finds that restitution is inappropriate or if the value imposed is less than
3771-3641the suggested minimum value as provided in Subsection (2), the court shall make the reasons Enrolled Copy H.B. 30
4131+3996 (2) Those persons may include:
4132+3997 (a) persons who use, or may use, the land in a wildlife management area for:
4133+3998 (i) agriculture, mining, or other commercial pursuits;
4134+3999 (ii) hunting or fishing;
4135+4000 (iii) recreation; or
4136+4001 (iv) other uses;
4137+4002 (b) adjacent or nearby landowners or residents; or
4138+4003 (c) other interested parties.
4139+4004 (3) The division shall invite local government officials to participate in the
4140+4005management planning process.
4141+4006 (4) In preparing a management plan, the division shall seek to make land uses
4142+4007compatible with:
4143+4008 (a) local government general plans and zoning and land use ordinances; and
4144+4009 (b) existing rights of others within the wildlife management area.
4145+4010 (5) (a) If the land in a wildlife management area is located within or adjacent to tribal
4146+4011lands, the division shall invite tribal government officials to participate in the management
4147+4012planning process.
4148+4013 (b) Participation by tribal officials in the development of management plans for lands
4149+4014owned by the division does not waive the tribe's sovereignty.
4150+4015 Section 152. Section 23A-6-303, which is renumbered from Section 23-21-2.3 is
4151+4016renumbered and amended to read:
4152+4017 [23-21-2.3]. 23A-6-303. Review and adoption of management plans.
4153+4018 (1) The division shall submit [the] a draft management plan to the Resource
4154+4019Development Coordinating Committee created in Section 63L-11-401 and the Habitat Council
4155+4020created by the division for their review and recommendations.
4156+4021 (2) The division shall submit [the] a draft management plan and any recommendations
4157+4022received from the Resource Development Coordinating Committee and the Habitat Council to:
4158+4023 (a) the regional advisory council for the wildlife region in which the lands covered by
4159+4024the management plan are located; and
4160+4025 (b) the regional advisory council for [any] a wildlife region that may be affected by the
4161+4026management plan. 12-19-22 10:31 PM H.B. 30
37724162 - 131 -
3773-3642for the decision part of the court record.
3774-3643 (4) (a) The court shall order a person convicted of a third degree felony under
3775-3644Subsection [23-20-4(3)(a)(ii)] 23A-5-311(2)(a)(ii) to pay restitution in accordance with
3776-3645Subsection (4)(b).
3777-3646 (b) The minimum restitution value for a trophy animal is as follows:
3778-3647 (i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
3779-3648 (ii) $8,000 per animal for deer;
3780-3649 (iii) $8,000 per animal for elk;
3781-3650 (iv) $6,000 per animal for moose or mountain goat;
3782-3651 (v) $6,000 per animal for bison; and
3783-3652 (vi) $2,000 per animal for pronghorn antelope.
3784-3653 (5) Restitution paid under Subsection (4) shall be remitted to the division and
3785-3654deposited in the Wildlife Resources Account.
3786-3655 (6) [Restitution money shall be used by the division] The division shall use restitution
3787-3656money for activities and programs to help stop poaching, including:
3788-3657 (a) educational programs on wildlife crime prevention;
3789-3658 (b) acquisition and development of wildlife crime detection equipment;
3790-3659 (c) operation and maintenance of anti-poaching projects; and
3791-3660 (d) wildlife law enforcement training.
3792-3661 (7) If restitution is required [it], restitution shall be in addition to:
3793-3662 (a) a fine or penalty imposed for a violation of [any provision of] this title; and
3794-3663 (b) a remedial action taken to revoke or suspend a person's license, permit, tag, or
3795-3664certificate of registration.
3796-3665 (8) A judgment imposed under this section constitutes a lien when recorded in the
3797-3666judgment docket and shall have the same effect and is subject to the same rules as a judgment
3798-3667for money in a civil action.
3799-3668 Section 135. Section 23A-5-313, which is renumbered from Section 23-20-4.7 is
3800-3669renumbered and amended to read: H.B. 30 Enrolled Copy
4163+4027 (3) [Each] A regional advisory council reviewing [the] a draft management plan may
4164+4028make recommendations to the [division] director.
4165+4029 (4) The [division director has authority to] director may adopt the management plan,
4166+4030adopt the management plan with amendments, or reject the management plan.
4167+4031 (5) (a) At the request of the [division] director or [any] a member of the Wildlife
4168+4032Board, the Wildlife Board may review a management plan to determine whether the plan is
4169+4033consistent with [board] Wildlife Board policies.
4170+4034 [(6)] (b) The [division] director may amend a management plan in accordance with
4171+4035recommendations made by the Wildlife Board.
4172+4036 Section 153. Section 23A-6-304, which is renumbered from Section 23-21-2.4 is
4173+4037renumbered and amended to read:
4174+4038 [23-21-2.4]. 23A-6-304. Procedure to revise a management plan.
4175+4039 (1) [Any] A person seeking a revision of a management plan may request the regional
4176+4040advisory council in the region where the land in a wildlife management area is located to
4177+4041consider the proposal to revise the management plan. The regional advisory council shall
4178+4042consider the proposal and advise the division.
4179+4043 (2) The process specified in Sections [23-21-2.2 and 23-21-2.3] 23A-6-302 and
4180+404423A-6-303 shall be used to revise a management plan.
4181+4045 Section 154. Section 23A-6-305, which is renumbered from Section 23-21-2.5 is
4182+4046renumbered and amended to read:
4183+4047 [23-21-2.5]. 23A-6-305. Change in land use where a management plan is not in
4184+4048effect -- Notification to affected persons -- Compatibility with local government plans.
4185+4049 (1) If a management plan has not been adopted by the [division] director for a tract of
4186+4050land owned by the division, the division may not change [any] an existing right to use the land
4187+4051until the division notifies those who may be affected by the change and local government
4188+4052officials.
4189+4053 (2) When changing [any] an existing right to use the land, the division shall seek to
4190+4054make uses of division-owned land compatible with local government general plans and zoning
4191+4055and land use ordinances.
4192+4056 Section 155. Section 23A-6-401, which is renumbered from Section 23-21-2.6 is
4193+4057renumbered and amended to read: H.B. 30 12-19-22 10:31 PM
38014194 - 132 -
3802-3670 [23-20-4.7]. 23A-5-313. Habitual wanton destruction of protected wildlife --
3803-3671Criminal penalty.
3804-3672 (1) As used in this section, "convicted" includes a guilty adjudication, guilty plea, no
3805-3673contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title
3806-367477, Chapter 2a, Pleas in Abeyance.
3807-3675 [(1)] (2) A person [is guilty of] commits habitual wanton destruction of protected
3808-3676wildlife if the person:
3809-3677 (a) takes a big game animal in violation of Section [23-20-4] 23A-5-311; and
3810-3678 (b) within seven years of the day on which the violation described in Subsection [(1)]
3811-3679(2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section
3812-3680[23-20-4] 23A-5-311.
3813-3681 [(2) "Convicted," for purposes of this section, includes a guilty adjudication, guilty
3814-3682plea, no contest plea, and guilty or no contest plea entered in a plea in abeyance agreement
3815-3683under Title 77, Chapter 2a, Pleas in Abeyance.]
3816-3684 (3) [Habitual] A person who commits habitual wanton destruction of protected wildlife
3817-3685is guilty of a third degree felony.
3818-3686 Section 136. Section 23A-5-314, which is renumbered from Section 23-20-8 is
3819-3687renumbered and amended to read:
3820-3688 [23-20-8]. 23A-5-314. Waste of wildlife unlawful -- Criminal penalty.
3821-3689 (1) [Except] A person may not waste or permit to be wasted protected wildlife or a part
3822-3690of protected wildlife except as otherwise provided:
3823-3691 (a) in this title[, or];
3824-3692 (b) by rule made by the Wildlife Board under this title[,] and in accordance with Title
3825-369363G, Chapter 3, Utah Administrative Rulemaking Act; or
3826-3694 (c) by an order or proclamation [issued in accordance with a rule made by the Wildlife
3827-3695Board under this title, a person may not waste or permit to be wasted protected wildlife or a
3828-3696part of protected wildlife].
3829-3697 (2) A person who violates this section is subject to the penalty provided in Section Enrolled Copy H.B. 30
4195+4058 Part 4. Use of Land
4196+4059 [23-21-2.6]. 23A-6-401. Target shooting prohibitions.
4197+4060 (1) As used in this section:
4198+4061 (a) "County sheriff" means the individual holding the office of county sheriff in the
4199+4062portion of a wildlife management area where target shooting will be, or is, prohibited under this
4200+4063section.
4201+4064 [(b) "Director" means the director of the Division of Wildlife Resources.]
4202+4065 [(c)] (b) "Extremely hazardous" means categorized as "extreme" under a nationally
4203+4066recognized standard for rating fire danger.
4204+4067 (2) Subject to Subsections (3) and (4), the division may prohibit the use of firearms for
4205+4068target shooting within all or part of a wildlife management area if the director finds, and the
4206+4069county sheriff agrees, that conditions in that portion of the wildlife management area are
4207+4070extremely hazardous.
4208+4071 (3) A prohibition under this section:
4209+4072 (a) shall undergo a formal review by the director and the county sheriff every 14 days;
4210+4073 (b) may not prohibit an individual from legally possessing a firearm or lawfully
4211+4074participating in a hunt; and
4212+4075 (c) may only remain in place for as long as extremely hazardous conditions exist in the
4213+4076area that is subject to the prohibition.
4214+4077 (4) The director and the county sheriff shall:
4215+4078 (a) via a written document, agree to the terms of a prohibition under this section,
4216+4079including:
4217+4080 (i) the exact area where target shooting is prohibited; and
4218+4081 (ii) the date when the prohibition becomes effective; and
4219+4082 (b) comply with Subsection (4)(a) at each formal review under Subsection (3)(a).
4220+4083 Section 156. Section 23A-6-402, which is renumbered from Section 23-21-4 is
4221+4084renumbered and amended to read:
4222+4085 [23-21-4]. 23A-6-402. Right of access to lands for hunting, trapping, or fishing
4223+4086reserved to public -- Exception.
4224+4087 (1) Except as provided in Section 65A-2-5, there is reserved to the public the right of
4225+4088access to [all] lands owned by the state, including those lands lying below the official 12-19-22 10:31 PM H.B. 30
38304226 - 133 -
3831-369823A-5-301.
3832-3699 Section 137. Section 23A-5-315, which is renumbered from Section 23-20-12 is
3833-3700renumbered and amended to read:
3834-3701 [23-20-12]. 23A-5-315. Airplanes or terrestrial or aquatic vehicles -- Use in
3835-3702taking wildlife unlawful -- Exceptions -- Criminal penalty.
3836-3703 (1) [It is unlawful for any person to take any] A person may not take wildlife from an
3837-3704airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle,
3838-3705including snowmobiles and other recreational vehicles, except as provided by this [code] title
3839-3706or in the rules [and regulations] made by of the Wildlife Board in accordance with Title 63G,
3840-3707Chapter 3, Utah Administrative Rulemaking Act.
3841-3708 (2) A person who violates this section is subject to the penalty provided in Section
3842-370923A-5-301.
3843-3710 [(2)] (3) Notwithstanding Subsection (1), the Wildlife Board may authorize an
3844-3711individual validly licensed to hunt [may be authorized], to hunt from a vehicle under terms and
3845-3712conditions specified by the Wildlife Board if the individual has:
3846-3713 (a) paraplegia; or
3847-3714 (b) a disability that permanently confines the individual to a wheelchair or the use of
3848-3715crutches.
3849-3716 Section 138. Section 23A-5-316, which is renumbered from Section 23-20-13 is
3850-3717renumbered and amended to read:
3851-3718 [23-20-13]. 23A-5-316. Signs or equipment -- Damage or destruction unlawful
3852-3719-- Criminal penalty.
3853-3720 (1) A person may not:
3854-3721 [(1)] (a) shoot at, shoot, deface, damage, remove, or destroy [any division signs or
3855-3722placards ] a division sign or placard located in [any part of] this state; or
3856-3723 [(2)] (b) damage, destroy, remove, or cause to be damaged, destroyed, or removed
3857-3724[any] equipment or devices owned, controlled, or operated by the [Division of Wildlife
3858-3725Resources] division. H.B. 30 Enrolled Copy
4227+4089government meander line or high water line of navigable waters, for the purpose of hunting,
4228+4090trapping, or fishing.
4229+4091 (2) When [any] a department or agency of the state leases or sells [any lands] land
4230+4092belonging to the state [of Utah] lying below the official government meander line or the high
4231+4093water line of the navigable waters within the state, the lease, contract of sale, or deed shall
4232+4094contain a provision that:
4233+4095 (a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing
4234+4096during the lawful season, except as provided by Section 65A-2-5; and
4235+4097 (b) [no charge may be made by] the lessee, contractee, or grantee [to] may not charge
4236+4098[any] a person who desires to go upon the land for the purpose of hunting, trapping, or fishing.
4237+4099 (3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or
4238+4100fishing as provided in this title for other lands and waters.
4239+4101 Section 157. Section 23A-6-403, which is renumbered from Section 23-21-5 is
4240+4102renumbered and amended to read:
4241+4103 [23-21-5]. 23A-6-403. State-owned lands authorized for use as wildlife
4242+4104management areas, fishing waters, and for other recreational activities.
4243+4105 (1) The Wildlife Board [is authorized to] may use any and all unsurveyed state-owned
4244+4106lands below the 1855 meander line of the Great Salt Lake within the following townships for
4245+4107the creation, operation, maintenance and management of wildlife management areas, fishing
4246+4108waters and other recreational activities:
4247+4109 Township 2 South, Range 5 West, S.L.B. and M.; Township 2 South, Range 4 West,
4248+4110S.L.B. and M.; Township 1 South, Range 5 West, S.L.B. and M.; Township 1 South, Range 4
4249+4111West, S.L.B. and M.; Township 1 South, Range 3 West, S.L.B. and M.; Township 1 North,
4250+4112Range 3 West, S.L.B. and M.; Township 1 North, Range 2 West, S.L.B. and M.; Township 2
4251+4113North, Range 3 West, S.L.B. and M.; Township 2 North, Range 2 West, S.L.B. and M.;
4252+4114Township 2 North, Range 1 West, S.L.B. and M.; Township 3 North, Range 3 West, S.L.B.
4253+4115and M.; Township 3 North, Range 2 West, S.L.B. and M.; Township 3 North, Range 1 West,
4254+4116S.L.B. and M.; Township 4 North, Range 3 West, S.L.B. and M.; Township 4 North, Range 2
4255+4117West, S.L.B. and M.; Sections 1, 2, 11, 12, 13, 14, 23, and 24, Township 4 North, Range 4
4256+4118West, S.L.B. and M.; Township 5 North, Range 3 West, S.L.B. and M.; Township 5 North,
4257+4119Range 4 West, S.L.B. and M.; Sections 1, 2, 3, 4, 11, and 12, Township 5 North, Range 5 H.B. 30 12-19-22 10:31 PM
38594258 - 134 -
3860-3726 (2) A person who violates this section is subject to the penalty provided in Section
3861-372723A-5-301.
3862-3728 Section 139. Section 23A-5-317, which is renumbered from Section 23-20-14 is
3863-3729renumbered and amended to read:
3864-3730 [23-20-14]. 23A-5-317. Posted property -- Hunting by permission -- Entry on
3865-3731private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable
3866-3732to officers.
3867-3733 (1) As used in this section:
3868-3734 (a) "Cultivated land" means land that is readily identifiable as:
3869-3735 (i) land whose soil is loosened or broken up for the raising of crops;
3870-3736 (ii) land used for the raising of crops; or
3871-3737 (iii) pasturage which is artificially irrigated.
3872-3738 [(b) "Division" means the Division of Wildlife Resources.]
3873-3739 [(c)] (b) "Permission" means written authorization from the owner or person in charge
3874-3740to enter upon private land that is either cultivated or properly posted, and shall include:
3875-3741 (i) the signature of the owner or person in charge;
3876-3742 (ii) the name of the person being given permission;
3877-3743 (iii) the appropriate dates; and
3878-3744 (iv) a general description of the property.
3879-3745 [(d)] (c) "Properly posted" means that signs prohibiting trespass or bright yellow,
3880-3746bright orange, or fluorescent paint are clearly displayed:
3881-3747 (i) at [all] the corners, fishing streams crossing property lines, roads, gates, and
3882-3748rights-of-way entering the land; or
3883-3749 (ii) in a manner that would reasonably be expected to be seen by a person in the area.
3884-3750 (2) (a) While taking wildlife or engaging in wildlife related activities, a person may
3885-3751not:
3886-3752 (i) without permission, enter upon privately owned land that is cultivated or properly
3887-3753posted; Enrolled Copy H.B. 30
4259+4120West, S.L.B. and M.; Township 6 North, Range 5 West, S.L.B. and M.; Township 6 North,
4260+4121Range 4 West, S.L.B. and M.; Township 6 North, Range 3 West, S.L.B. and M.; Township 7
4261+4122North, Range 5 West, S.L.B. and M.; Township 7 North, Range 4 West, S.L.B. and M.;
4262+4123Township 7 North, Range 3 West, S.L.B. and M.; Township 7 North, Range 2 West, S.L.B.
4263+4124and M.; Township 8 North, Range 5 West, S.L.B. and M.; Township 8 North, Range 4 West,
4264+4125S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Township 8 North, Range 2
4265+4126West, S.L.B. and M.; Township 9 North, Range 5 West, S.L.B. and M.; Township 9 North,
4266+4127Range 4 West, S.L.B. and M.; Township 11 North, Range 11 West, S.L.B. and M.; Township
4267+412811 North, Range 10 West, S.L.B. and M.; Township 11 North, Range 9 West, S.L.B. and M.;
4268+4129Township 11 North, Range 8 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 10
4269+4130West, S.L.B. and M.; North 1/2 of Township 10 North, Range 9 West, S.L.B. and M.; North
4270+41311/2 of Township 10 North, Range 8 West, S.L.B. and M.
4271+4132 (2) (a) The Wildlife Board shall establish a wildlife management area known as the
4272+4133"Willard Spur Waterfowl Management Area" on the unsurveyed state-owned lands below the
4273+41341855 meander line of the Great Salt Lake in Sections 26, 35, 36 of Township 8 North, Range 4
4274+4135West, S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Sections 1, 2, 11, 12 of
4275+4136Township 7 North, Range 4 West, S.L.B. and M.; Township 7 North, Range 3 West, S.L.B.
4276+4137and M.; Sections 20, 21, 29, 30, 31 of Township 8 North, Range 2 West, S.L.B. and M.[;
4277+4138excepting], except for the following:
4278+4139 (i) lands within the May 14, 2019, boundaries of the Bear River Migratory Bird
4279+4140Refuge;
4280+4141 (ii) lands within the May 14, 2019, boundaries of Harold Crane Waterfowl
4281+4142Management Area;
4282+4143 (iii) lands within the May 14, 2019, boundaries of Willard Bay Reservoir; and
4283+4144 (iv) lands within the May 14, 2019, boundaries of state mineral leases.
4284+4145 (b) The division shall execute a memorandum of understanding with the Division of
4285+4146Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands
4286+4147described in Subsection (2)(a) as a wildlife management area.
4287+4148 (c) The division shall manage the state-owned lands described in Subsection (2)(a) as a
4288+4149wildlife management area and consistent with:
4289+4150 (i) the beneficial purposes identified in Subsection (2)(d); and 12-19-22 10:31 PM H.B. 30
38884290 - 135 -
3889-3754 (ii) enter or remain on privately owned land if the person has notice to not enter or
3890-3755remain on the privately owned land; or
3891-3756 (iii) obstruct [any] an entrance or exit to private property.
3892-3757 (b) A person has notice to not enter or remain on privately owned land if:
3893-3758 (i) the person is directed to not enter or remain on the land by:
3894-3759 (A) the owner of the land;
3895-3760 (B) the owner's employee; or
3896-3761 (C) a person with apparent authority to act for the owner; or
3897-3762 (ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
3898-3763would recognize as intended to exclude intruders.
3899-3764 (c) The division shall provide "hunting by permission cards" to a landowner upon the
3900-3765landowner's request.
3901-3766 (d) A person may not post:
3902-3767 (i) private property the person does not own or legally control; or
3903-3768 (ii) land that is open to the public as provided by Section [23-21-4] 23A-6-402.
3904-3769 (3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in
3905-3770Section 23A-5-301 and liable for the civil damages described in Subsection (7).
3906-3771 [(3)] (4) (a) A person convicted of violating Subsection (2)(a) may have the person's
3907-3772license, tag, certificate of registration, or permit, relating to the activity engaged in at the time
3908-3773of the violation, revoked by a hearing officer.
3909-3774 (b) A hearing officer may construe [any] a subsequent conviction [which] that occurs
3910-3775within a five-year period as a flagrant violation and may prohibit the person from obtaining a
3911-3776new license, tag, certificate of registration, or permit for a period of up to five years.
3912-3777 [(4)] (5) Subsection (2)(a) does not apply to peace or conservation officers in the
3913-3778performance of their duties.
3914-3779 [(5)] (6) (a) The division shall provide information regarding owners' rights and
3915-3780[sportsmen's] duties:
3916-3781 (i) to anyone holding [licenses, certificates of registration, tags, or permits] a license, H.B. 30 Enrolled Copy
4291+4151 (ii) a management plan created consistent with the procedures in this chapter for a
4292+4152management plan.
4293+4153 (d) The division shall manage the Willard Spur Waterfowl Management Area for the
4294+4154following beneficial purposes:
4295+4155 (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals,
4296+4156shorebirds, and other migratory and nonmigratory birds that use the Great Salt Lake ecosystem
4297+4157and the Great Salt Lake ecosystem's surrounding wetlands;
4298+4158 (ii) preserving and enhancing the natural function, vegetation, and water flows under
4299+4159existing or acquired water rights to provide productive habitat for the species listed in
4300+4160Subsection (2)(d)(i);
4301+4161 (iii) providing recreational opportunity for traditional marsh-related activities,
4302+4162including hunting, fishing, trapping, and wildlife viewing; and
4303+4163 (iv) providing public access in the management area for purposes of hunting, fishing,
4304+4164trapping, and wildlife viewing, including access with airboats and other small watercraft.
4305+4165 (e) The division shall provide the habitat, recreational opportunities, and public access
4306+4166described in Subsection (2)(d) without construction or use of an impounding dike, impounding
4307+4167levee, or other impounding structure.
4308+4168 (f) Notwithstanding the purposes identified in Subsection (2)(d), the division may not
4309+4169prohibit year-round public airboat and small watercraft access in the management area except
4310+4170in selected areas during limited periods of time to protect habitat, nesting birds, or vulnerable
4311+4171wildlife.
4312+4172 Section 158. Section 23A-6-404, which is renumbered from Section 23-21-7 is
4313+4173renumbered and amended to read:
4314+4174 [23-21-7]. 23A-6-404. Unlawful uses and activities on division lands.
4315+4175 (1) Except as authorized by statute, rule, contractual agreement, special use permit,
4316+4176certificate of registration, or public notice, a person may not on division land:
4317+4177 (a) remove, extract, use, consume, or destroy [any] an improvement or cultural or
4318+4178historic resource;
4319+4179 (b) remove, extract, use, consume, or destroy [any] sand, gravel, cinder, ornamental
4320+4180rock, or other common mineral resource, or vegetation resource, except a person may collect
4321+4181for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on H.B. 30 12-19-22 10:31 PM
39174322 - 136 -
3918-3782certificate of registration, tag, or permit to take wildlife; and
3919-3783 (ii) by using the public media and other sources.
3920-3784 (b) The Wildlife Board shall state restrictions in this section relating to trespassing
3921-3785[shall be stated in all] in the hunting and fishing proclamations issued by the Wildlife Board.
3922-3786 [(6) A person who violates Subsection (2)(a) or (d) is guilty of a class B misdemeanor
3923-3787and liable for the civil damages described in Subsection (7).]
3924-3788 (7) In addition to an order for restitution under Section 77-38b-205, a person who
3925-3789commits a violation of Subsection (2)(a) or (d) may also be liable for:
3926-3790 (a) the greater of:
3927-3791 [(a)] (i) statutory damages in the amount of three times the value of damages resulting
3928-3792from the violation of Subsection (2)(a) or (d); or
3929-3793 (ii) $500[, whichever is greater]; and
3930-3794 (b) reasonable attorney fees not to exceed $250, and court costs.
3931-3795 (8) Civil damages under Subsection (7) may be collected in a separate action by the
3932-3796property owner or the property owner's assignee.
3933-3797 Section 140. Section 23A-5-318, which is renumbered from Section 23-20-15 is
3934-3798renumbered and amended to read:
3935-3799 [23-20-15]. 23A-5-318. Destruction of signs or inclosure on private land
3936-3800unlawful -- Criminal penalty.
3937-3801 [It is unlawful for any person,]
3938-3802 (1) A person may not, without the consent of the owner or person in charge of [any]
3939-3803privately owned land[, to]:
3940-3804 (a) tear down, mutilate, or destroy [any] a sign, signboard, or other notice [which] that
3941-3805regulates trespassing for purposes of hunting, trapping, or fishing on this land; or [to, without
3942-3806such consent,]
3943-3807 (b) tear down, deface, or destroy [any]:
3944-3808 (i) a fence or other inclosure on [this] the privately owned land[, or any]; or
3945-3809 (ii) a gate or bars belonging to [any such] a fence or inclosure on the privately owned Enrolled Copy H.B. 30
4323+4182the surface of the ground;
4324+4183 (c) allow livestock to graze;
4325+4184 (d) remove [any] a plant or portion of a plant for commercial gain purposes;
4326+4185 (e) enter, use, or occupy division land that is posted against entry, use, or occupancy;
4327+4186 (f) enter, use, or occupy division land as part of a group of more than 25 people, except
4328+4187a group may include up to 50 persons if the group consists of extended family members;
4329+4188 (g) enter, use, or occupy division land while engaged in or part of an organized event;
4330+4189 (h) use, occupy, destroy, move, or construct [any] a structure, including [fences, water
4331+4190control devices, roads, survey and section markers, or signs] a fence, water control device,
4332+4191road, survey and section marker, or sign;
4333+4192 (i) prohibit, prevent, or obstruct public entry on division lands when public entry is
4334+4193authorized by the division;
4335+4194 (j) attempt to manage or control division lands in a manner inconsistent with division
4336+4195management plans, rules, or policies;
4337+4196 (k) solicit, promote, negotiate, barter, sell, or trade [any] a product or service on, or
4338+4197obtained from, division lands for commercial gain;
4339+4198 (l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the
4340+4199area is posted for a different duration;
4341+4200 (m) light a fire without taking adequate precaution to prevent spreading of the fire or
4342+4201leave a fire unattended;
4343+4202 [(n) use fireworks, explosives, poisons, herbicides, insecticides, or pesticides;]
4344+4203 (n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;
4345+4204 (o) use a motorized [vehicles] vehicle of any kind except as authorized by declaration,
4346+4205management plan, or posting; or
4347+4206 (p) use division lands for [any] a purpose that violates applicable land use restrictions
4348+4207imposed by statute, rule, or by the division.
4349+4208 (2) A person [or entity which] who unlawfully uses division lands is liable for damages
4350+4209in the amount of:
4351+4210 (a) the value of the resource removed, destroyed, or extracted;
4352+4211 (b) the amount of damage caused; and
4353+4212 (c) whichever is greater of: 12-19-22 10:31 PM H.B. 30
39464354 - 137 -
3947-3810land.
3948-3811 (2) A person who violates this section is subject to the penalty provided in Section
3949-381223A-5-301.
3950-3813 Section 141. Section 23A-5-319, which is renumbered from Section 23-20-18 is
3951-3814renumbered and amended to read:
3952-3815 [23-20-18]. 23A-5-319. Interference with, intimidation, or harassment of officer
3953-3816unlawful.
3954-3817 [It is unlawful for any person to]
3955-3818 (1) A person may not interfere with, intimidate, or harass a conservation officer or
3956-3819special deputy in the lawful performance of [his] the conservation officer's or special deputy's
3957-3820duty.
3958-3821 (2) A person who violates this section is subject to the penalty provided in Section
3959-382223A-5-301.
3960-3823 Section 142. Section 23A-5-320, which is renumbered from Section 23-20-19 is
3961-3824renumbered and amended to read:
3962-3825 [23-20-19]. 23A-5-320. Failure to stop at roadblocks or checking stations
3963-3826unlawful.
3964-3827 [It is unlawful for any person to fail to stop at Division of Wildlife Resources road
3965-3828blocks or checking stations where]
3966-3829 (1) A person may not fail to stop at a division roadblock or checking station when a
3967-3830stop sign or red or blue light is displayed.
3968-3831 (2) A person who violates this section is subject to the penalty provided in Section
3969-383223A-5-301.
3970-3833 Section 143. Section 23A-5-321, which is renumbered from Section 23-20-29 is
3971-3834renumbered and amended to read:
3972-3835 [23-20-29]. 23A-5-321. Interference with hunting prohibited -- Action to
3973-3836recover damages -- Exceptions -- Criminal penalty.
3974-3837 (1) A person [is guilty of a class B misdemeanor who intentionally interferes] may not H.B. 30 Enrolled Copy
4355+4213 (i) the value of [any] losses or expenses caused as a result of interference with
4356+4214authorized activities; or
4357+4215 (ii) the consideration which would have been charged by the division for use of the
4358+4216land during the period of trespass.
4359+4217 (3) This section does not apply to division employees or division volunteers while
4360+4218acting in the lawful performance of [their] the employees' or volunteers' duties.
4361+4219 (4) Except as otherwise provided by statute, the criminal penalty for a violation of [any
4362+4220provision of] this section is prescribed in Section [23-13-11] 23A-5-301.
4363+4221 Section 159. Section 23A-7-101, which is renumbered from Section 23-23-2 is
4364+4222renumbered and amended to read:
4365+4223 CHAPTER 7. COOPERATIVE WILDLIFE MANAGEMENT UNITS
4366+4224 Part 1. General Provisions
4367+4225 [23-23-2]. 23A-7-101. Definitions.
4368+4226 As used in this chapter:
4369+4227 (1) "Cooperative wildlife management unit" [or "unit"] means a generally contiguous
4370+4228area of land that is:
4371+4229 (a) open for hunting small game, waterfowl, cougar, turkey, or big game [which is];
4372+4230and
4373+4231 (b) registered in accordance with this chapter and rules of the Wildlife Board.
4374+4232 (2) [(a)] "Cooperative wildlife management unit agent" means a person appointed by a
4375+4233landowner, landowner association, or landowner association operator to perform the functions
4376+4234described in Section [23-23-9] 23A-7-207.
4377+4235 [(b) For purposes of this chapter, a cooperative wildlife management unit agent may
4378+4236not:]
4379+4237 [(i) be appointed by the division or the state;]
4380+4238 [(ii) be an employee or agent of the division;]
4381+4239 [(iii) receive compensation from the division or the state to act as a cooperative
4382+4240wildlife management unit agent; or]
4383+4241 [(iv) act as a peace officer or perform any duties of a peace officer without qualifying
4384+4242as a peace officer under Title 53, Chapter 13, Peace Officer Classifications.]
4385+4243 (3) "Cooperative wildlife management unit authorization" means a card, label, ticket, H.B. 30 12-19-22 10:31 PM
39754386 - 138 -
3976-3838interfere with the right of a person licensed and legally hunting under Chapter [19] 4, Licenses,
3977-3839Permits, Certificates of Registration, and Tags, to take wildlife by driving, harassing, or
3978-3840intentionally disturbing [any] a species of wildlife for the purpose of disrupting a legal hunt,
3979-3841trapping, or predator control.
3980-3842 (2) A person who violates this section is subject to the penalty provided in Section
3981-384323A-5-301.
3982-3844 [(2)] (3) [Any] A directly affected person or the state may bring an action to recover
3983-3845civil damages resulting from a violation of Subsection (1) or a restraining order to prevent a
3984-3846potential violation of Subsection (1).
3985-3847 [(3)] (4) This section does not apply to incidental interference with a hunt caused by
3986-3848lawful activities including ranching, mining, and recreation.
3987-3849 Section 144. Section 23A-5-322, which is renumbered from Section 23-20-29.5 is
3988-3850renumbered and amended to read:
3989-3851 [23-20-29.5]. 23A-5-322. Interference with hunters or hunting activity --
3990-3852Criminal penalty.
3991-3853 A person who intentionally interferes with a person who is licensed and taking wildlife
3992-3854legally under [the provision of Title 23, Chapter 19] Chapter 4, Licenses, Permits, Certificates
3993-3855of Registration, and Tags, or disrupts an activity involving a legal hunt, trapping, falconry, or
3994-3856predator control may be charged with a violation under Section 76-9-102 if that interference or
3995-3857disruption constitutes a violation under Section 76-9-102.
3996-3858 Section 145. Section 23A-6-101, which is renumbered from Section 23-21-.5 is
3997-3859renumbered and amended to read:
3998-3860 CHAPTER 6. LANDS AND WATERS FOR WILDLIFE PURPOSES
3999-3861 Part 1. General Provisions
4000-3862 [23-21-.5]. 23A-6-101. Definitions.
4001-3863 As used in this chapter:
4002-3864 (1) (a) "General plan" means a document that a municipality or county adopts that sets
4003-3865forth general guidelines for proposed future development of the land within the municipality or Enrolled Copy H.B. 30
4387+4244or other identifying document authorizing the possessor to hunt small game or waterfowl in a
4388+4245cooperative wildlife management unit.
4389+4246 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
4390+4247possessor to hunt cougar, turkey, or big game in a cooperative wildlife management unit.
4391+4248 [(5) "Division" means the Division of Wildlife Resources.]
4392+4249 [(6)] (5) "Landowner association" means a landowner or an organization of owners of
4393+4250private lands who operates a cooperative wildlife management unit.
4394+4251 [(7) (a)] (6) "Landowner association operator" means a person designated by a
4395+4252landowner association to operate the cooperative wildlife management unit.
4396+4253 [(b) For purposes of this chapter, a landowner association operator may not:]
4397+4254 [(i) be appointed by the division; or]
4398+4255 [(ii) be an employee or agent of the division.]
4399+4256 Section 160. Section 23A-7-102, which is renumbered from Section 23-23-3 is
4400+4257renumbered and amended to read:
4401+4258 [23-23-3]. 23A-7-102. Rulemaking authority of Wildlife Board.
4402+4259 The Wildlife Board [is authorized to] may make and enforce rules applicable to
4403+4260cooperative wildlife management units organized for the hunting of small game, waterfowl,
4404+4261cougar, turkey, or big game that in [its] the Wildlife Board's judgment are necessary to
4405+4262administer and enforce [the provisions of] this chapter.
4406+4263 Section 161. Section 23A-7-103, which is renumbered from Section 23-23-1 is
4407+4264renumbered and amended to read:
4408+4265 [23-23-1]. 23A-7-103. Purposes of wildlife management units.
4409+4266 [Cooperative] A cooperative wildlife management [units are] unit is established to:
4410+4267 (1) provide income to landowners;
4411+4268 (2) create satisfying hunting opportunities;
4412+4269 (3) increase wildlife resources;
4413+4270 (4) provide adequate protection to landowners who open their lands for hunting; and
4414+4271 (5) provide access to public and private lands for hunting.
4415+4272 Section 162. Section 23A-7-201, which is renumbered from Section 23-23-4 is
4416+4273renumbered and amended to read:
4417+4274 Part 2. Requirements 12-19-22 10:31 PM H.B. 30
40044418 - 139 -
4005-3866county [and].
4006-3867 (b) "General plan" includes what is commonly referred to as a "master plan."
4007-3868 (2) "Management plan" means a document prepared in accordance with this chapter
4008-3869that describes how one or more tracts of land owned or managed by the [Division of Wildlife
4009-3870Resources] division are to be used.
4010-3871 [(3) "Regional advisory council" means a council created pursuant to Section
4011-387223-14-2.6.]
4012-3873 [(4)] (3) "Wildlife management area" means:
4013-3874 (a) a single tract of land owned or managed by the division; or
4014-3875 (b) two or more tracts of land owned or managed by the division that are within close
4015-3876proximity of each other and managed as a single unit.
4016-3877 Section 146. Section 23A-6-201, which is renumbered from Section 23-21-1 is
4017-3878renumbered and amended to read:
4018-3879 Part 2. Acquisition
4019-3880 [23-21-1]. 23A-6-201. Acquisition of lands, waters, and rights-of-way --
4020-3881Authority of division.
4021-3882 The [Division of Wildlife Resources shall have the power to] division may acquire
4022-3883lands, waters, and rights-of-way by purchase, lease, agreement, gift, exchange, contribution, or
4023-3884any other lawful means, for authorized activities of the [Division of Wildlife Resources]
4024-3885division as outlined by this [code] title and the rules [and regulations of] made by the Wildlife
4025-3886Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4026-3887 Section 147. Section 23A-6-202, which is renumbered from Section 23-21-1.5 is
4027-3888renumbered and amended to read:
4028-3889 [23-21-1.5]. 23A-6-202. Acquisition of real property held in private ownership --
4029-3890Published notice and governor's approval required.
4030-3891 (1) The [Division of Wildlife Resources] division may not acquire title to real property
4031-3892held in private ownership without first:
4032-3893 (a) publishing a notice of the proposed acquisition: H.B. 30 Enrolled Copy
4419+4275 [23-23-4]. 23A-7-201. Operation by landowner association.
4420+4276 (1) A landowner association shall operate a cooperative wildlife management unit as
4421+4277prescribed by this chapter and the rules of the Wildlife Board.
4422+4278 (2) For purposes of this chapter, a landowner association operator may not:
4423+4279 (a) be appointed by the division; or
4424+4280 (b) be an employee or agent of the division.
4425+4281 Section 163. Section 23A-7-202, which is renumbered from Section 23-23-5 is
4426+4282renumbered and amended to read:
4427+4283 [23-23-5]. 23A-7-202. Certificate of registration -- Renewal.
4428+4284 (1) A landowner association may not establish or operate a cooperative wildlife
4429+4285management unit without first obtaining a certificate of registration from the Wildlife Board.
4430+4286 (2) The Wildlife Board may renew annually certificates of registration if the landowner
4431+4287association has previously complied with this chapter and the rules of the Wildlife Board made
4432+4288in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4433+4289 Section 164. Section 23A-7-203, which is renumbered from Section 23-23-6 is
4434+4290renumbered and amended to read:
4435+4291 [23-23-6]. 23A-7-203. Season dates -- Boundaries -- Review by councils and
4436+4292Wildlife Board.
4437+4293 (1) The Wildlife Board shall establish season dates and boundaries for each
4438+4294cooperative wildlife management unit.
4439+4295 (2) Season dates may differ from general statewide season dates.
4440+4296 (3) At least every five years, the relevant regional advisory council and Wildlife Board
4441+4297shall review a cooperative wildlife management [units] unit containing public land [will be
4442+4298reviewed by the regional advisory councils and the Wildlife Board].
4443+4299 Section 165. Section 23A-7-204, which is renumbered from Section 23-23-7 is
4444+4300renumbered and amended to read:
4445+4301 [23-23-7]. 23A-7-204. Permits -- Acreage and lands that may be included --
4446+4302Posting of boundaries.
4447+4303 (1) The division shall provide cooperative wildlife management unit authorizations for
4448+4304hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
4449+4305 (2) At least 50% of the cooperative wildlife management unit authorizations for H.B. 30 12-19-22 10:31 PM
40334450 - 140 -
4034-3894 (i) in a newspaper of general circulation in the county in which the property is located;
4035-3895and
4036-3896 (ii) as required in Section 45-1-101; and
4037-3897 (b) obtaining the approval of the governor.
4038-3898 (2) [The requirements of] Subsection (1) [apply] applies whether title to real property
4039-3899held in private ownership is acquired through a purchase, donation, or other means.
4040-3900 (3) In the case of a proposed purchase of private property, the [notice may be
4041-3901published] division may publish notice after earnest money is paid.
4042-3902 (4) The published notice shall inform the public regarding:
4043-3903 (a) the proposed use of the [land] real property;
4044-3904 (b) any conditions on the acquisition of the [land] real property placed by donors, the
4045-3905federal government, sellers, or others specifying how the [land must] real property is to be
4046-3906used;
4047-3907 (c) any changes to existing land uses that are anticipated; and
4048-3908 (d) the public comment submission process for comments on the proposed acquisition.
4049-3909 (5) The governor shall:
4050-3910 (a) submit a notification of the proposed acquisition to:
4051-3911 (i) the county executive of the county in which the real property is located;
4052-3912 (ii) the legislators of the legislative districts in which the [lands are] real property is
4053-3913located; and
4054-3914 (iii) the School and Institutional Trust Lands Administration; and
4055-3915 (b) invite those notified to submit [any] comments on the proposed acquisition.
4056-3916 (6) After considering comments on the proposed acquisition, the governor may:
4057-3917 (a) approve the acquisition in whole or in part; or
4058-3918 (b) disapprove the acquisition.
4059-3919 Section 148. Section 23A-6-203, which is renumbered from Section 23-21-2 is
4060-3920renumbered and amended to read:
4061-3921 [23-21-2]. 23A-6-203. Payments in lieu of property taxes on property Enrolled Copy H.B. 30
4451+4306hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
4452+4307offered for sale to the general public at the times and places designated on the application for a
4453+4308certificate of registration.
4454+4309 (3) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4455+4310hunting small game or waterfowl shall consist of private land.
4456+4311 (b) At least 75% of the acreage within the boundaries of [each] a cooperative wildlife
4457+4312management unit organized for the hunting of small game or waterfowl shall be open to
4458+4313hunting by holders of valid authorizations.
4459+4314 (4) (a) The division may issue cooperative wildlife management unit permits for
4460+4315hunting cougar, turkey, or big game to permittees:
4461+4316 (i) qualifying through a public drawing; or
4462+4317 (ii) named by the cooperative wildlife management unit operator.
4463+4318 (b) The Wildlife Board may specify by rule, made in accordance with Title 63G,
4464+4319Chapter 3, Utah Administrative Rulemaking Act, those persons who are eligible to draw a
4465+4320cooperative wildlife management unit permit in a public drawing.
4466+4321 (5) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4467+4322hunting cougar, turkey, or big game shall consist of private land to the extent practicable.
4468+4323Public land may be included within a cooperative wildlife management unit if:
4469+4324 (i) the public land is completely surrounded by private land or is otherwise inaccessible
4470+4325to the general public;
4471+4326 (ii) including public land is necessary to establish a readily identifiable boundary; or
4472+4327 (iii) including public land is necessary to achieve cougar, turkey, or big game
4473+4328management objectives.
4474+4329 (b) If [any] public land is included within a cooperative wildlife management unit:
4475+4330 (i) the landowner association shall meet applicable federal or state land use
4476+4331requirements on the public land; and
4477+4332 (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
4478+4333made available to the general public to reflect the proportion of public lands to private lands
4479+4334within the cooperative wildlife management unit.
4480+4335 (6) [Each] A landowner association shall:
4481+4336 (a) clearly post [all] the boundaries of the cooperative wildlife management unit by 12-19-22 10:31 PM H.B. 30
40624482 - 141 -
4063-3922purchased by division.
4064-3923 [Prior to] (1) Before the purchase of [any] real property held in private ownership, the
4065-3924[Division of Wildlife Resources] division shall:
4066-3925 (a) first submit the proposition to the county legislative body in a regular open public
4067-3926meeting in the county where the real property is located; and [shall]
4068-3927 (b) by contractual agreement with the county legislative body, approved by the
4069-3928executive director [of the Department of Natural Resources], agree to pay an amount of money
4070-3929in lieu of property taxes to the county.
4071-3930 (2) The division shall, by contractual agreement with the county legislative body in
4072-3931which [any] real property previously acquired from private ownership and now owned by the
4073-3932division is located, agree to pay annually an amount of money in lieu of wildlife resource fine
4074-3933money, previously paid to the county. [Payments]
4075-3934 (3) A payment provided for in this section [will] may not:
4076-3935 (a) exceed what the regularly assessed real property taxes would be if the [land] real
4077-3936property had remained in private ownership; and [these payments may not]
4078-3937 (b) include [any] an amount for buildings, installations, fixtures, improvements or
4079-3938personal property located upon the [land] real property or for those acquired, constructed, or
4080-3939placed by the division after [it] the division acquires the [land] real property.
4081-3940 Section 149. Section 23A-6-204, which is renumbered from Section 23-21-6 is
4082-3941renumbered and amended to read:
4083-3942 [23-21-6]. 23A-6-204. Acquisition of lands by United States for migratory bird
4084-3943refuges.
4085-3944 (1) (a) The [consent of the state of Utah is given] state consents to acquisition by the
4086-3945United States of [such] the areas of land or water in the state, as the United States may [deem]
4087-3946consider necessary, by and with the consent of the county legislative body of the county where
4088-3947the land or water are located and after approval of application, subject to the laws of the state
4089-3948[of Utah] for water rights, for the establishment and maintenance of migratory waterfowl
4090-3949refuges in accordance with and for the purpose of the [Act of Congress approved February 18, H.B. 30 Enrolled Copy
4483+4337displaying signs containing information prescribed by rule of the Wildlife Board at the
4484+4338locations specified in Subsection [23-20-14(1)(d)] 23A-5-317(1)(c); and
4485+4339 (b) provide a written copy of [its] the landowner association's guidelines to each holder
4486+4340of an authorization or permit.
4487+4341 Section 166. Section 23A-7-205, which is renumbered from Section 23-23-7.5 is
4488+4342renumbered and amended to read:
4489+4343 [23-23-7.5]. 23A-7-205. Landowner association to provide comparable hunting
4490+4344opportunities.
4491+4345 A landowner association shall provide [each] a holder of an authorization or permit a
4492+4346comparable hunting opportunity in terms of hunting area and number of days.
4493+4347 Section 167. Section 23A-7-206, which is renumbered from Section 23-23-8 is
4494+4348renumbered and amended to read:
4495+4349 [23-23-8]. 23A-7-206. Compensation for damage -- Claims.
4496+4350 (1) A landowner participating in a cooperative wildlife management unit who incurs
4497+4351damages caused by a hunter on [his or her] the landowner's land may submit a claim and
4498+4352receive compensation for the claim from money received for cooperative wildlife management
4499+4353unit authorization or permit fees collected by the landowner association.
4500+4354 [(1) These claims shall:]
4501+4355 (2) The claims under Subsection (1) shall:
4502+4356 (a) be paid first and have priority over all other obligations of the landowner
4503+4357association;
4504+4358 (b) be reviewed, investigated, and paid by the landowner association; and
4505+4359 (c) not exceed annual revenues of a cooperative wildlife management unit.
4506+4360 [(2)] (3) A landowner participating in a cooperative wildlife management unit who
4507+4361incurs damages caused by a hunter on [his or her] the landowner's land may not hold the state
4508+4362liable for compensation.
4509+4363 Section 168. Section 23A-7-207, which is renumbered from Section 23-23-9 is
4510+4364renumbered and amended to read:
4511+4365 [23-23-9]. 23A-7-207. Agents -- Appointment -- Identification -- Refusal of
4512+4366entry by agent.
4513+4367 (1) A landowner association may appoint one or more cooperative wildlife H.B. 30 12-19-22 10:31 PM
40914514 - 142 -
4092-39501929, entitled "]Migratory Bird Conservation Act["], 16 U.S.C. Sec. 715 to 715s, as amended,
4093-3951and [the Act of Congress approved March 16, 1935, entitled "]Migratory Bird Hunting Stamp
4094-3952Act,["] 16 U.S.C. Sec. 718a to 718k, as amended[; and the same may be used by the United
4095-3953States].
4096-3954 (b) The United States may use the land or water described in this Subsection (1) as
4097-3955refuge for migratory birds, reserving[, however,] to the state [of Utah] jurisdiction, both civil
4098-3956and criminal, of persons upon the areas [so] acquired except so far as the punishment of
4099-3957offenses against the United States are concerned.
4100-3958 (2) (a) [Nothing in this section shall be] This section may not be construed to impose
4101-3959[under] upon the state or [any] an agency of [it any] the state an obligation to convey to the
4102-3960United States any interest in land or water owned or controlled by the state, except upon
4103-3961appropriate terms and for adequate consideration.
4104-3962 (b) The reservation to the state of coal and other minerals in lands sold by [it] the state
4105-3963within areas so established and easements retained by the state to prospect for, mine, and
4106-3964remove the same are declared to be subject to rules and regulations prescribed from time to
4107-3965time by the Secretary of the Interior for the occupation, use, operation, protection, and
4108-3966administration of these areas as refuges for migratory birds.
4109-3967 Section 150. Section 23A-6-301, which is renumbered from Section 23-21-2.1 is
4110-3968renumbered and amended to read:
4111-3969 Part 3. Management Plans
4112-3970 [23-21-2.1]. 23A-6-301. Management plans.
4113-3971 (1) The division shall prepare a management plan for each wildlife management area.
4114-3972Upon adoption of a management plan by the [division] director, the division shall manage the
4115-3973lands [shall be managed] within the wildlife management area in accordance with the
4116-3974management plan.
4117-3975 (2) [Each] A management plan shall include:
4118-3976 (a) a statement of the proposed or anticipated uses;
4119-3977 (b) a description of [any] management limitations or conditions covering the wildlife Enrolled Copy H.B. 30
4515+4368management unit agents to protect private property of the cooperative wildlife management
4516+4369unit.
4517+4370 (2) [Each] A cooperative wildlife management unit agent shall wear or have in [his or
4518+4371her] the cooperative wildlife management unit agent's possession a form of identification
4519+4372prescribed by the Wildlife Board [which] that indicates [he or she] that the individual is a
4520+4373cooperative wildlife management unit agent.
4521+4374 (3) A cooperative wildlife management unit agent may refuse entry into private lands
4522+4375within a cooperative wildlife management unit to any person, except an owner of land within
4523+4376the cooperative wildlife management unit and [his or her] the landowner's employees, who:
4524+4377 (a) does not have in [his or her] the person's possession a cooperative wildlife
4525+4378management unit authorization or permit;
4526+4379 (b) endangers or has endangered human safety;
4527+4380 (c) damages or has damaged private property within a cooperative wildlife
4528+4381management unit; or
4529+4382 (d) fails or has failed to comply with reasonable rules of a landowner association.
4530+4383 (4) In performing the functions described in this section, a cooperative wildlife
4531+4384management unit agent shall comply with the relevant laws of this state.
4532+4385 (5) For purposes of this chapter, a cooperative wildlife management unit agent may
4533+4386not:
4534+4387 (a) be appointed by the division or the state;
4535+4388 (b) be an employee or agent of the division;
4536+4389 (c) receive compensation from the division or the state to act as a cooperative wildlife
4537+4390management unit agent; or
4538+4391 (d) act as a peace officer or perform the duties of a peace officer without qualifying as
4539+4392a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
4540+4393 Section 169. Section 23A-7-208, which is renumbered from Section 23-23-10 is
4541+4394renumbered and amended to read:
4542+4395 [23-23-10]. 23A-7-208. Possession of permits and licenses by hunter --
4543+4396Restrictions.
4544+4397 (1) A person may not hunt in a cooperative wildlife management unit without having in
4545+4398[his or her] the person's possession: 12-19-22 10:31 PM H.B. 30
41204546 - 143 -
4121-3978management area;
4122-3979 (c) an inventory of the existing conditions;
4123-3980 (d) a statement of the desired future condition of the wildlife management area;
4124-3981 (e) a list of strategies that may be implemented to achieve the desired future condition;
4125-3982and
4126-3983 (f) a description of any reallocation of forage, water, or other resource appurtenant to
4127-3984the land within the wildlife management area.
4128-3985 Section 151. Section 23A-6-302, which is renumbered from Section 23-21-2.2 is
4129-3986renumbered and amended to read:
4130-3987 [23-21-2.2]. 23A-6-302. Preparation of management plans -- Participation by
4131-3988interested persons and local and tribal governments -- Compatibility with local
4132-3989government plans and existing rights.
4133-3990 (1) The division shall invite persons who may have an interest in how the land in a
4134-3991wildlife management area is managed to participate in the management planning process.
4135-3992 (2) Those persons may include:
4136-3993 (a) persons who use, or may use, the land in a wildlife management area for:
4137-3994 (i) agriculture, mining, or other commercial pursuits;
4138-3995 (ii) hunting or fishing;
4139-3996 (iii) recreation; or
4140-3997 (iv) other uses;
4141-3998 (b) adjacent or nearby landowners or residents; or
4142-3999 (c) other interested parties.
4143-4000 (3) The division shall invite local government officials to participate in the
4144-4001management planning process.
4145-4002 (4) In preparing a management plan, the division shall seek to make land uses
4146-4003compatible with:
4147-4004 (a) local government general plans and zoning and land use ordinances; and
4148-4005 (b) existing rights of others within the wildlife management area. H.B. 30 Enrolled Copy
4547+4399 (a) a valid cooperative wildlife management unit authorization or permit or other
4548+4400permit as authorized by the [wildlife board] Wildlife Board; and
4549+4401 (b) the necessary hunting licenses[, tags, and stamps] and tags.
4550+4402 (2) A cooperative wildlife management unit authorization or permit:
4551+4403 (a) entitles the holder to hunt only in the cooperative wildlife management unit
4552+4404specified on the authorization or permit pursuant to rules and proclamations of the Wildlife
4553+4405Board and does not entitle the holder to hunt on any other private or public land; and
4554+4406 (b) constitutes written permission for trespass as required under Section [23-20-14]
4555+440723A-5-317.
4556+4408 Section 170. Section 23A-7-209, which is renumbered from Section 23-23-11 is
4557+4409renumbered and amended to read:
4558+4410 [23-23-11]. 23A-7-209. Failure to comply with rules and requirements.
4559+4411 A person shall leave private property within a cooperative wildlife management unit
4560+4412immediately, upon request of a landowner, landowner association operator, or cooperative
4561+4413wildlife management unit agent, if that person:
4562+4414 (1) does not have in that person's possession a cooperative wildlife management unit
4563+4415authorization or permit;
4564+4416 (2) endangers or has endangered human safety;
4565+4417 (3) damages or has damaged private property within a cooperative wildlife
4566+4418management unit; or
4567+4419 (4) fails or has failed to comply with reasonable rules of a landowner association.
4568+4420 Section 171. Section 23A-7-210, which is renumbered from Section 23-23-12 is
4569+4421renumbered and amended to read:
4570+4422 [23-23-12]. 23A-7-210. Damage or destruction of property.
4571+4423 A person on the land of another person may not intentionally damage, disarrange, or
4572+4424destroy that person's property.
4573+4425 Section 172. Section 23A-7-211, which is renumbered from Section 23-23-13 is
4574+4426renumbered and amended to read:
4575+4427 [23-23-13]. 23A-7-211. Violation of chapter -- Class B misdemeanor.
4576+4428 Any person who violates [any provision of] this chapter is guilty of a class B
4577+4429misdemeanor, unless another penalty is provided elsewhere in the laws of this state. H.B. 30 12-19-22 10:31 PM
41494578 - 144 -
4150-4006 (5) (a) If the land in a wildlife management area is located within or adjacent to tribal
4151-4007lands, the division shall invite tribal government officials to participate in the management
4152-4008planning process.
4153-4009 (b) Participation by tribal officials in the development of management plans for lands
4154-4010owned by the division does not waive the tribe's sovereignty.
4155-4011 Section 152. Section 23A-6-303, which is renumbered from Section 23-21-2.3 is
4156-4012renumbered and amended to read:
4157-4013 [23-21-2.3]. 23A-6-303. Review and adoption of management plans.
4158-4014 (1) The division shall submit [the] a draft management plan to the Resource
4159-4015Development Coordinating Committee created in Section 63L-11-401 and the Habitat Council
4160-4016created by the division for their review and recommendations.
4161-4017 (2) The division shall submit [the] a draft management plan and any recommendations
4162-4018received from the Resource Development Coordinating Committee and the Habitat Council to:
4163-4019 (a) the regional advisory council for the wildlife region in which the lands covered by
4164-4020the management plan are located; and
4165-4021 (b) the regional advisory council for [any] a wildlife region that may be affected by the
4166-4022management plan.
4167-4023 (3) [Each] A regional advisory council reviewing [the] a draft management plan may
4168-4024make recommendations to the [division] director.
4169-4025 (4) The [division director has authority to] director may adopt the management plan,
4170-4026adopt the management plan with amendments, or reject the management plan.
4171-4027 (5) (a) At the request of the [division] director or [any] a member of the Wildlife
4172-4028Board, the Wildlife Board may review a management plan to determine whether the plan is
4173-4029consistent with [board] Wildlife Board policies.
4174-4030 [(6)] (b) The [division] director may amend a management plan in accordance with
4175-4031recommendations made by the Wildlife Board.
4176-4032 Section 153. Section 23A-6-304, which is renumbered from Section 23-21-2.4 is
4177-4033renumbered and amended to read: Enrolled Copy H.B. 30
4579+4430 Section 173. Section 23A-7-212, which is renumbered from Section 23-23-14 is
4580+4431renumbered and amended to read:
4581+4432 [23-23-14]. 23A-7-212. Landowner protection under Landowner Liability Act.
4582+4433 [Landowners who participate in] A landowner who participates in a cooperative
4583+4434wildlife management [units shall have] unit has the full protection afforded under Title 57,
4584+4435Chapter 14, Limitations on Landowner Liability.
4585+4436 Section 174. Section 23A-8-101 is enacted to read:
4586+4437 CHAPTER 8. WILDLIFE DAMAGE
4587+4438 Part 1. General Provisions
4588+4439 23A-8-101. Definitions.
4589+4440 As used in this chapter:
4590+4441 (1) "72 hours" means a time period that begins with the hour a request for action is
4591+4442made pursuant to Section 23A-8-402 and ends 72 hours later with the exclusion of any hour
4592+4443that occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
4593+444463G-1-301.
4594+4445 (2) "Cultivated crops" means:
4595+4446 (a) annual or perennial crops harvested from or on cleared and planted land;
4596+4447 (b) perennial orchard trees on cleared and planted land;
4597+4448 (c) crop residues that have forage value for livestock; and
4598+4449 (d) pastures.
4599+4450 (3) "Depredation" means an act causing damage or death.
4600+4451 (4) "Depredation mitigation plan" means the plan described in Subsection
4601+445223A-8-402(2).
4602+4453 (5) "Growing season" means the portion of a year in which local conditions permit
4603+4454normal plant growth.
4604+4455 (6) "Livestock" means cattle, sheep, horses, goats, or turkeys.
4605+4456 (7) "Management unit" means a prescribed area of contiguous land designated by the
4606+4457division for the purpose of managing a species of big game animal.
4607+4458 (8) "Mitigation review panel" means the panel created under Section 23A-8-404.
4608+4459 (9) (a) For purposes of Part 2, Damage in General, "predator" means a mountain lion or
4609+4460bear. 12-19-22 10:31 PM H.B. 30
41784610 - 145 -
4179-4034 [23-21-2.4]. 23A-6-304. Procedure to revise a management plan.
4180-4035 (1) [Any] A person seeking a revision of a management plan may request the regional
4181-4036advisory council in the region where the land in a wildlife management area is located to
4182-4037consider the proposal to revise the management plan. The regional advisory council shall
4183-4038consider the proposal and advise the division.
4184-4039 (2) The process specified in Sections [23-21-2.2 and 23-21-2.3] 23A-6-302 and
4185-404023A-6-303 shall be used to revise a management plan.
4186-4041 Section 154. Section 23A-6-305, which is renumbered from Section 23-21-2.5 is
4187-4042renumbered and amended to read:
4188-4043 [23-21-2.5]. 23A-6-305. Change in land use where a management plan is not in
4189-4044effect -- Notification to affected persons -- Compatibility with local government plans.
4190-4045 (1) If a management plan has not been adopted by the [division] director for a tract of
4191-4046land owned by the division, the division may not change [any] an existing right to use the land
4192-4047until the division notifies those who may be affected by the change and local government
4193-4048officials.
4194-4049 (2) When changing [any] an existing right to use the land, the division shall seek to
4195-4050make uses of division-owned land compatible with local government general plans and zoning
4196-4051and land use ordinances.
4197-4052 Section 155. Section 23A-6-401, which is renumbered from Section 23-21-2.6 is
4198-4053renumbered and amended to read:
4199-4054 Part 4. Use of Land
4200-4055 [23-21-2.6]. 23A-6-401. Target shooting prohibitions.
4201-4056 (1) As used in this section:
4202-4057 (a) "County sheriff" means the individual holding the office of county sheriff in the
4203-4058portion of a wildlife management area where target shooting will be, or is, prohibited under this
4204-4059section.
4205-4060 [(b) "Director" means the director of the Division of Wildlife Resources.]
4206-4061 [(c)] (b) "Extremely hazardous" means categorized as "extreme" under a nationally H.B. 30 Enrolled Copy
4611+4461 (b) For purposes of Part 4, Damage by Big Game, "predator" means a cougar, bear, or
4612+4462coyote.
4613+4463 (10) For purposes of Section 23A-8-302, "turkey" means a wild, free-ranging turkey
4614+4464and does not include a privately owned or domestic turkey.
4615+4465 (11) "Wildlife Services Program" means a program of the United States Department of
4616+4466Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4617+4467natural resources, and to safeguard human health and safety.
4618+4468 (12) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4619+4469Services specialist.
4620+4470 (13) (a) "Wolf" means the gray wolf Canis lupus.
4621+4471 (b) "Wolf" does not mean a wolf hybrid with a domestic dog.
4622+4472 Section 175. Section 23A-8-201, which is renumbered from Section 23-24-1 is
4623+4473renumbered and amended to read:
4624+4474 Part 2. Damage in General
4625+4475 [23-24-1]. 23A-8-201. Procedure to obtain compensation for livestock damage
4626+4476done by bear, mountain lion, wolf, or eagle.
4627+4477 [(1) As used in this section:]
4628+4478 [(a) "Damage" means injury to or loss of livestock.]
4629+4479 [(b) "Division" means the Division of Wildlife Resources.]
4630+4480 [(c) "Livestock" means cattle, sheep, goats, or turkeys.]
4631+4481 [(d) (i) "Wolf" means the gray wolf Canis lupus.]
4632+4482 [(ii) "Wolf" does not mean a wolf hybrid with a domestic dog.]
4633+4483 [(2)] (1) (a) (i) Except as provided by Subsection [(2)] (1)(a)(ii), if livestock are
4634+4484damaged by a bear, mountain lion, wolf, or an eagle, the owner may receive compensation for
4635+4485the fair market value of the damage to the livestock.
4636+4486 (ii) The owner of livestock may not receive compensation if the livestock is damaged
4637+4487by a wolf within an area where a wolf is endangered or threatened under the Endangered
4638+4488Species Act of 1973, 16 U.S.C. Sec. 1531, et seq.
4639+4489 (b) To obtain [this] compensation under this section, the owner of the damaged
4640+4490livestock shall notify the division of the damage as soon as possible, but no later than four days
4641+4491after the damage to the livestock is discovered. H.B. 30 12-19-22 10:31 PM
42074642 - 146 -
4208-4062recognized standard for rating fire danger.
4209-4063 (2) Subject to Subsections (3) and (4), the division may prohibit the use of firearms for
4210-4064target shooting within all or part of a wildlife management area if the director finds, and the
4211-4065county sheriff agrees, that conditions in that portion of the wildlife management area are
4212-4066extremely hazardous.
4213-4067 (3) A prohibition under this section:
4214-4068 (a) shall undergo a formal review by the director and the county sheriff every 14 days;
4215-4069 (b) may not prohibit an individual from legally possessing a firearm or lawfully
4216-4070participating in a hunt; and
4217-4071 (c) may only remain in place for as long as extremely hazardous conditions exist in the
4218-4072area that is subject to the prohibition.
4219-4073 (4) The director and the county sheriff shall:
4220-4074 (a) via a written document, agree to the terms of a prohibition under this section,
4221-4075including:
4222-4076 (i) the exact area where target shooting is prohibited; and
4223-4077 (ii) the date when the prohibition becomes effective; and
4224-4078 (b) comply with Subsection (4)(a) at each formal review under Subsection (3)(a).
4225-4079 Section 156. Section 23A-6-402, which is renumbered from Section 23-21-4 is
4226-4080renumbered and amended to read:
4227-4081 [23-21-4]. 23A-6-402. Right of access to lands for hunting, trapping, or fishing
4228-4082reserved to public -- Exception.
4229-4083 (1) Except as provided in Section 65A-2-5, there is reserved to the public the right of
4230-4084access to [all] lands owned by the state, including those lands lying below the official
4231-4085government meander line or high water line of navigable waters, for the purpose of hunting,
4232-4086trapping, or fishing.
4233-4087 (2) When [any] a department or agency of the state leases or sells [any lands] land
4234-4088belonging to the state [of Utah] lying below the official government meander line or the high
4235-4089water line of the navigable waters within the state, the lease, contract of sale, or deed shall Enrolled Copy H.B. 30
4643+4492 (c) The owner shall notify the division each time [any] damage to livestock is
4644+4493discovered.
4645+4494 [(3)] (2) The livestock owner shall file a proof of loss form, provided by the division,
4646+4495no later than 30 days after the original notification of damage to livestock was given to the
4647+4496division by the owner.
4648+4497 [(4)] (3) (a) (i) The division, with the assistance of the Department of Agriculture and
4649+4498Food shall:
4650+4499 (A) within 30 days after the owner files the proof of loss form, either accept or deny the
4651+4500claim for damages; and
4652+4501 (B) subject to Subsections [(4)] (3)(a)(ii) through [(4)] (3)(a)(iv), pay [all] the accepted
4653+4502claims to the extent money appropriated by the Legislature is available for this purpose.
4654+4503 (ii) Money appropriated from the Wildlife Resources Account may be used to provide
4655+4504compensation for only up to 50% of the fair market value of [any] damaged livestock.
4656+4505 (iii) Money appropriated from the Wildlife Resources Account may not be used to
4657+4506provide compensation for livestock damaged by an eagle or a wolf.
4658+4507 (iv) The division may not pay [any] an eagle damage claim until the division has paid
4659+4508all accepted mountain lion and bear livestock damage claims for the fiscal year.
4660+4509 (b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a
4661+4510livestock owner unless the owner has filed a completed livestock form and the appropriate fee
4662+4511as outlined in Section 4-23-107 for the immediately preceding and current year.
4663+4512 (c) (i) Unless the division denies a claim for the reason identified in Subsection [(4)]
4664+4513(3)(b), the owner may appeal the decision to a panel consisting of one person selected by the
4665+4514owner, one person selected by the division, and a third person selected by the first two panel
4666+4515members.
4667+4516 (ii) The panel shall decide whether the division should pay all of the claim, a portion of
4668+4517the claim, or none of the claim.
4669+4518 (5) [By following the procedures and requirements of Title 63G, Chapter 3, Utah
4670+4519Administrative Rulemaking Act, the] The Wildlife Board may make rules, in accordance with
4671+4520Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules to administer
4672+4521and enforce this section.
4673+4522 Section 176. Section 23A-8-202, which is renumbered from Section 23-24-2 is 12-19-22 10:31 PM H.B. 30
42364674 - 147 -
4237-4090contain a provision that:
4238-4091 (a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing
4239-4092during the lawful season, except as provided by Section 65A-2-5; and
4240-4093 (b) [no charge may be made by] the lessee, contractee, or grantee [to] may not charge
4241-4094[any] a person who desires to go upon the land for the purpose of hunting, trapping, or fishing.
4242-4095 (3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or
4243-4096fishing as provided in this title for other lands and waters.
4244-4097 Section 157. Section 23A-6-403, which is renumbered from Section 23-21-5 is
4245-4098renumbered and amended to read:
4246-4099 [23-21-5]. 23A-6-403. State-owned lands authorized for use as wildlife
4247-4100management areas, fishing waters, and for other recreational activities.
4248-4101 (1) The Wildlife Board [is authorized to] may use any and all unsurveyed state-owned
4249-4102lands below the 1855 meander line of the Great Salt Lake within the following townships for
4250-4103the creation, operation, maintenance and management of wildlife management areas, fishing
4251-4104waters and other recreational activities:
4252-4105 Township 2 South, Range 5 West, S.L.B. and M.; Township 2 South, Range 4 West,
4253-4106S.L.B. and M.; Township 1 South, Range 5 West, S.L.B. and M.; Township 1 South, Range 4
4254-4107West, S.L.B. and M.; Township 1 South, Range 3 West, S.L.B. and M.; Township 1 North,
4255-4108Range 3 West, S.L.B. and M.; Township 1 North, Range 2 West, S.L.B. and M.; Township 2
4256-4109North, Range 3 West, S.L.B. and M.; Township 2 North, Range 2 West, S.L.B. and M.;
4257-4110Township 2 North, Range 1 West, S.L.B. and M.; Township 3 North, Range 3 West, S.L.B.
4258-4111and M.; Township 3 North, Range 2 West, S.L.B. and M.; Township 3 North, Range 1 West,
4259-4112S.L.B. and M.; Township 4 North, Range 3 West, S.L.B. and M.; Township 4 North, Range 2
4260-4113West, S.L.B. and M.; Sections 1, 2, 11, 12, 13, 14, 23, and 24, Township 4 North, Range 4
4261-4114West, S.L.B. and M.; Township 5 North, Range 3 West, S.L.B. and M.; Township 5 North,
4262-4115Range 4 West, S.L.B. and M.; Sections 1, 2, 3, 4, 11, and 12, Township 5 North, Range 5
4263-4116West, S.L.B. and M.; Township 6 North, Range 5 West, S.L.B. and M.; Township 6 North,
4264-4117Range 4 West, S.L.B. and M.; Township 6 North, Range 3 West, S.L.B. and M.; Township 7 H.B. 30 Enrolled Copy
4675+4523renumbered and amended to read:
4676+4524 [23-24-2]. 23A-8-202. Livestock depredation by predators.
4677+4525 [(1) As used in this section:]
4678+4526 [(a) "Depredation" means an act causing damage or death.]
4679+4527 [(b) "Director" means the director of the Division of Wildlife Resources.]
4680+4528 [(c) "Division" means the Division of Wildlife Resources.]
4681+4529 [(d) "Livestock" means cattle, sheep, goats, horses, or turkeys.]
4682+4530 [(e) "Predator" means a mountain lion or bear.]
4683+4531 [(f) "Wildlife Board" means the board created in Section 23-14-2.]
4684+4532 [(g) "Wildlife Services Program" means a program of the United States Department of
4685+4533Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4686+4534natural resources, and to safeguard human health and safety.]
4687+4535 [(h) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4688+4536Services specialist.]
4689+4537 [(2)] (1) If a predator harasses, chases, disturbs, harms, attacks, or kills livestock,
4690+4538within 96 hours of the act:
4691+4539 (a) in a depredation case, the livestock owner, an immediate family member, or an
4692+4540employee of the livestock owner on a regular payroll and not specifically hired to take a
4693+4541predator, may take predators subject to the requirements of this section;
4694+4542 (b) a landowner or livestock owner may notify the division of the depredation or
4695+4543human health and safety concerns, who may authorize a local hunter to take the offending
4696+4544predator or notify a wildlife specialist; or
4697+4545 (c) the livestock owner may notify a wildlife specialist of the depredation who may
4698+4546take the depredating predator.
4699+4547 [(3)] (2) A depredating predator may be taken at any time by a wildlife specialist,
4700+4548supervised by the Wildlife Services Program, while acting in the performance of the wildlife
4701+4549specialist's assigned duties and in accordance with procedures approved by the division.
4702+4550 [(4)] (3) (a) A depredating predator may be taken by an individual authorized in
4703+4551Subsection [(2)] (1)(a):
4704+4552 (i) with a weapon authorized by the division, pursuant to rules made by the Wildlife
4705+4553Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for H.B. 30 12-19-22 10:31 PM
42654706 - 148 -
4266-4118North, Range 5 West, S.L.B. and M.; Township 7 North, Range 4 West, S.L.B. and M.;
4267-4119Township 7 North, Range 3 West, S.L.B. and M.; Township 7 North, Range 2 West, S.L.B.
4268-4120and M.; Township 8 North, Range 5 West, S.L.B. and M.; Township 8 North, Range 4 West,
4269-4121S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Township 8 North, Range 2
4270-4122West, S.L.B. and M.; Township 9 North, Range 5 West, S.L.B. and M.; Township 9 North,
4271-4123Range 4 West, S.L.B. and M.; Township 11 North, Range 11 West, S.L.B. and M.; Township
4272-412411 North, Range 10 West, S.L.B. and M.; Township 11 North, Range 9 West, S.L.B. and M.;
4273-4125Township 11 North, Range 8 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 10
4274-4126West, S.L.B. and M.; North 1/2 of Township 10 North, Range 9 West, S.L.B. and M.; North
4275-41271/2 of Township 10 North, Range 8 West, S.L.B. and M.
4276-4128 (2) (a) The Wildlife Board shall establish a wildlife management area known as the
4277-4129"Willard Spur Waterfowl Management Area" on the unsurveyed state-owned lands below the
4278-41301855 meander line of the Great Salt Lake in Sections 26, 35, 36 of Township 8 North, Range 4
4279-4131West, S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Sections 1, 2, 11, 12 of
4280-4132Township 7 North, Range 4 West, S.L.B. and M.; Township 7 North, Range 3 West, S.L.B.
4281-4133and M.; Sections 20, 21, 29, 30, 31 of Township 8 North, Range 2 West, S.L.B. and M.[;
4282-4134excepting], except for the following:
4283-4135 (i) lands within the May 14, 2019, boundaries of the Bear River Migratory Bird
4284-4136Refuge;
4285-4137 (ii) lands within the May 14, 2019, boundaries of Harold Crane Waterfowl
4286-4138Management Area;
4287-4139 (iii) lands within the May 14, 2019, boundaries of Willard Bay Reservoir; and
4288-4140 (iv) lands within the May 14, 2019, boundaries of state mineral leases.
4289-4141 (b) The division shall execute a memorandum of understanding with the Division of
4290-4142Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands
4291-4143described in Subsection (2)(a) as a wildlife management area.
4292-4144 (c) The division shall manage the state-owned lands described in Subsection (2)(a) as a
4293-4145wildlife management area and consistent with: Enrolled Copy H.B. 30
4707+4554taking the predator; or
4708+4555 (ii) only using snares:
4709+4556 (A) with written authorization from the director;
4710+4557 (B) subject to the conditions and restrictions set out in the written authorization; and
4711+4558 (C) if the division verifies that there has been a chronic depredation situation when
4712+4559numerous livestock have been killed by a predator as described in rule made by the Wildlife
4713+4560Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4714+4561 (b) An individual authorized in Subsection [(2)] (1)(a) to take depredating predators
4715+4562may take no more than two bears per incident.
4716+4563 [(5)] (4) (a) In accordance with Subsection [(5)] (4)(b), the division may issue a
4717+4564depredation permit to take a predator on specified private lands and public land grazing
4718+4565allotments with a chronic depredation situation when numerous livestock have been killed by
4719+4566predators.
4720+4567 (b) The division may:
4721+4568 (i) issue one or more depredation permits to an affected livestock owner or a designee
4722+4569of the affected livestock owner, provided that the livestock owner does not receive monetary
4723+4570consideration from the designee for the opportunity to use the depredation permit;
4724+4571 (ii) determine the legal weapons and methods of taking allowed; and
4725+4572 (iii) specify the area and season that the depredation permit is valid.
4726+4573 [(6)] (5) (a) A predator taken under Subsection [(2)] (1)(a) or [(5)] (4) remains the
4727+4574property of the state and shall be delivered to a division office or employee with 96 hours of the
4728+4575take.
4729+4576 (b) The division may issue a predatory damage permit to a person who has taken a
4730+4577depredating predator under Subsection [(2)] (1)(a) that authorizes the individual to keep the
4731+4578carcass.
4732+4579 (c) An individual who takes a predator under Subsection [(2)] (1)(a) or [(5)] (4) may
4733+4580acquire and use a limited entry permit or harvest objective permit in the same year.
4734+4581 (d) Notwithstanding Subsections [(6)] (5)(b) and (c), a person may retain no more than
4735+4582one predator carcass annually.
4736+4583 [(7)] (6) Money derived from the sale of a predator taken under this section shall be
4737+4584deposited into the Wildlife Resources Account created in Section [23-14-13] 23A-3-201. 12-19-22 10:31 PM H.B. 30
42944738 - 149 -
4295-4146 (i) the beneficial purposes identified in Subsection (2)(d); and
4296-4147 (ii) a management plan created consistent with the procedures in this chapter for a
4297-4148management plan.
4298-4149 (d) The division shall manage the Willard Spur Waterfowl Management Area for the
4299-4150following beneficial purposes:
4300-4151 (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals,
4301-4152shorebirds, and other migratory and nonmigratory birds that use the Great Salt Lake ecosystem
4302-4153and the Great Salt Lake ecosystem's surrounding wetlands;
4303-4154 (ii) preserving and enhancing the natural function, vegetation, and water flows under
4304-4155existing or acquired water rights to provide productive habitat for the species listed in
4305-4156Subsection (2)(d)(i);
4306-4157 (iii) providing recreational opportunity for traditional marsh-related activities,
4307-4158including hunting, fishing, trapping, and wildlife viewing; and
4308-4159 (iv) providing public access in the management area for purposes of hunting, fishing,
4309-4160trapping, and wildlife viewing, including access with airboats and other small watercraft.
4310-4161 (e) The division shall provide the habitat, recreational opportunities, and public access
4311-4162described in Subsection (2)(d) without construction or use of an impounding dike, impounding
4312-4163levee, or other impounding structure.
4313-4164 (f) Notwithstanding the purposes identified in Subsection (2)(d), the division may not
4314-4165prohibit year-round public airboat and small watercraft access in the management area except
4315-4166in selected areas during limited periods of time to protect habitat, nesting birds, or vulnerable
4316-4167wildlife.
4317-4168 Section 158. Section 23A-6-404, which is renumbered from Section 23-21-7 is
4318-4169renumbered and amended to read:
4319-4170 [23-21-7]. 23A-6-404. Unlawful uses and activities on division lands.
4320-4171 (1) Except as authorized by statute, rule, contractual agreement, special use permit,
4321-4172certificate of registration, or public notice, a person may not on division land:
4322-4173 (a) remove, extract, use, consume, or destroy [any] an improvement or cultural or H.B. 30 Enrolled Copy
4739+4585 [(8)] (7) Nothing in this section prohibits the division from permitting the removal of a
4740+4586bear causing damage to cultivated crops on cleared and planted land pursuant to rule made by
4741+4587the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4742+4588Act.
4743+4589 [(9)] (8) Nothing is this section prohibits receiving compensation for livestock damage
4744+4590done by a bear, mountain lion, wolf, or eagle in accordance with Section [23-24-1] 23A-8-201.
4745+4591 Section 177. Section 23A-8-203, which is renumbered from Section 23-18-4 is
4746+4592renumbered and amended to read:
4747+4593 [23-18-4]. 23A-8-203. Beaver damage -- Authorization to kill or trap.
4748+4594 [Whenever] (1) When it is apparent that beaver are doing damage to, or are a menace
4749+4595to, private property, [any] a landowner or tenant may request authorization to kill or trap the
4750+4596beaver [so involved; and the Wildlife Board is empowered to].
4751+4597 (2) The Wildlife Board may grant [such] authorization described in Subsection (1)
4752+4598under conditions prescribed by [it] the Wildlife Board.
4753+4599 Section 178. Section 23A-8-301, which is renumbered from Section 23-17-4 is
4754+4600renumbered and amended to read:
4755+4601 Part 3. Damage by Birds
4756+4602 [23-17-4]. 23A-8-301. Crop damage by pheasants -- Notice to division --
4757+4603Damages for destroyed crops -- Limitations -- Appraisal.
4758+4604 [Whenever pheasants are damaging]
4759+4605 (1) When pheasants damage cultivated crops on cleared and planted land, the owner of
4760+4606[such] the cultivated crops shall immediately upon discovery of [such] the damage notify the
4761+4607[Division of Wildlife Resources. This notice shall be made] division both orally and in writing.
4762+4608 (2) Upon being notified of [such] the damage to cultivated crops, the [Division of
4763+4609Wildlife Resources] division shall, as far as possible, control [such] the damage.
4764+4610 (3) When pheasants damage or destroy cultivated crops on cleared and planted land,
4765+4611the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the
4766+4612owner notifies the division of the damage within 48 hours after the damage is discovered.
4767+4613 (4) Subject to Subsection (5), the crop owner and the division shall make an appraisal
4768+4614of the damage as soon after notification as possible. If the crop owner and the division are
4769+4615unable to agree on the fair and equitable damage, they shall call upon a third party, consisting H.B. 30 12-19-22 10:31 PM
43234770 - 150 -
4324-4174historic resource;
4325-4175 (b) remove, extract, use, consume, or destroy [any] sand, gravel, cinder, ornamental
4326-4176rock, or other common mineral resource, or vegetation resource, except a person may collect
4327-4177for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on
4328-4178the surface of the ground;
4329-4179 (c) allow livestock to graze;
4330-4180 (d) remove [any] a plant or portion of a plant for commercial gain purposes;
4331-4181 (e) enter, use, or occupy division land that is posted against entry, use, or occupancy;
4332-4182 (f) enter, use, or occupy division land as part of a group of more than 25 people, except
4333-4183a group may include up to 50 persons if the group consists of extended family members;
4334-4184 (g) enter, use, or occupy division land while engaged in or part of an organized event;
4335-4185 (h) use, occupy, destroy, move, or construct [any] a structure, including [fences, water
4336-4186control devices, roads, survey and section markers, or signs] a fence, water control device,
4337-4187road, survey and section marker, or sign;
4338-4188 (i) prohibit, prevent, or obstruct public entry on division lands when public entry is
4339-4189authorized by the division;
4340-4190 (j) attempt to manage or control division lands in a manner inconsistent with division
4341-4191management plans, rules, or policies;
4342-4192 (k) solicit, promote, negotiate, barter, sell, or trade [any] a product or service on, or
4343-4193obtained from, division lands for commercial gain;
4344-4194 (l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the
4345-4195area is posted for a different duration;
4346-4196 (m) light a fire without taking adequate precaution to prevent spreading of the fire or
4347-4197leave a fire unattended;
4348-4198 [(n) use fireworks, explosives, poisons, herbicides, insecticides, or pesticides;]
4349-4199 (n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;
4350-4200 (o) use a motorized [vehicles] vehicle of any kind except as authorized by declaration,
4351-4201management plan, or posting; or Enrolled Copy H.B. 30
4771+4616of one or more persons acquainted with the crops concerned and pheasants, to appraise the
4772+4617damage.
4773+4618 (5) If a provision of this section conflicts with the requirements of the federal
4774+4619Pittman-Robertson Act or the regulations issued under that act, the provisions relating to
4775+4620damage claims are void.
4776+4621 Section 179. Section 23A-8-302, which is renumbered from Section 23-17-5.1 is
4777+4622renumbered and amended to read:
4778+4623 [23-17-5.1]. 23A-8-302. Damage by turkeys.
4779+4624 [(1) As used in this section, "turkey" means a wild, free-ranging turkey and does not
4780+4625include a privately owned or domestic turkey.]
4781+4626 [(2)] (1) (a) If a turkey materially damages private property, the landowner or lessee of
4782+4627the property may:
4783+4628 (i) notify the division of the damage; and
4784+4629 (ii) request that the division take action to mitigate the damage.
4785+4630 (b) The landowner or lessee of the damaged property shall allow division staff
4786+4631reasonable access to the damaged property to verify and mitigate the damage.
4787+4632 [(3)] (2) (a) Within 72 hours after receiving a request for action under Subsection [(2)]
4788+4633(1)(a)(ii), the division shall investigate the damaged property and, if it appears that material
4789+4634damage by a turkey may continue, the division shall begin to:
4790+4635 (i) remove or drive off the turkeys causing the damage; or
4791+4636 (ii) implement a damage mitigation and prevention plan with the written approval of
4792+4637the landowner or lessee of the property.
4793+4638 (b) As part of a damage mitigation and prevention plan described in Subsection [(3)]
4794+4639(2)(a)(ii), the division may:
4795+4640 (i) schedule a depredation hunt;
4796+4641 (ii) issue a permit to the landowner or lessee to, during a general or special season hunt
4797+4642authorized by the Wildlife Board, take a turkey on the property;
4798+4643 (iii) allow the landowner or lessee to designate recipients who may obtain a mitigation
4799+4644permit to, during a general or special season hunt authorized by the Wildlife Board, take a
4800+4645turkey on the property;
4801+4646 (iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a 12-19-22 10:31 PM H.B. 30
43524802 - 151 -
4353-4202 (p) use division lands for [any] a purpose that violates applicable land use restrictions
4354-4203imposed by statute, rule, or by the division.
4355-4204 (2) A person [or entity which] who unlawfully uses division lands is liable for damages
4356-4205in the amount of:
4357-4206 (a) the value of the resource removed, destroyed, or extracted;
4358-4207 (b) the amount of damage caused; and
4359-4208 (c) whichever is greater of:
4360-4209 (i) the value of [any] losses or expenses caused as a result of interference with
4361-4210authorized activities; or
4362-4211 (ii) the consideration which would have been charged by the division for use of the
4363-4212land during the period of trespass.
4364-4213 (3) This section does not apply to division employees or division volunteers while
4365-4214acting in the lawful performance of [their] the employees' or volunteers' duties.
4366-4215 (4) Except as otherwise provided by statute, the criminal penalty for a violation of [any
4367-4216provision of] this section is prescribed in Section [23-13-11] 23A-5-301.
4368-4217 Section 159. Section 23A-7-101, which is renumbered from Section 23-23-2 is
4369-4218renumbered and amended to read:
4370-4219 CHAPTER 7. COOPERATIVE WILDLIFE MANAGEMENT UNITS
4371-4220 Part 1. General Provisions
4372-4221 [23-23-2]. 23A-7-101. Definitions.
4373-4222 As used in this chapter:
4374-4223 (1) "Cooperative wildlife management unit" [or "unit"] means a generally contiguous
4375-4224area of land that is:
4376-4225 (a) open for hunting small game, waterfowl, cougar, turkey, or big game [which is];
4377-4226and
4378-4227 (b) registered in accordance with this chapter and rules of the Wildlife Board.
4379-4228 (2) [(a)] "Cooperative wildlife management unit agent" means a person appointed by a
4380-4229landowner, landowner association, or landowner association operator to perform the functions H.B. 30 Enrolled Copy
4803+4647turkey that causes damage to the property;
4804+4648 (v) capture and relocate, or allow the landowner or lessee to capture and relocate, a
4805+4649turkey that causes damage to the property; or
4806+4650 (vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise
4807+4651prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable
4808+4652for the location of the property due to local law or public safety concerns.
4809+4653 (c) If the division takes an action described in Subsection [(3)] (2)(b)(ii) or (iii), the
4810+4654division shall specify the number and sex of turkeys the landowner or lessee is authorized to
4811+4655take in accordance with Subsection [(3)] (2)(b)(ii) or (iii).
4812+4656 (d) If a landowner or lessee takes a turkey under Subsection [(3)] (2)(b)(ii), the division
4813+4657and the landowner or lessee shall jointly determine the number of turkeys the landowner or
4814+4658lessee may retain.
4815+4659 [(4)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4816+4660Act, the Wildlife Board may make rules necessary to administer [the provisions of] this
4817+4661section.
4818+4662 Section 180. Section 23A-8-401, which is renumbered from Section 23-16-2 is
4819+4663renumbered and amended to read:
4820+4664 Part 4. Damage by Big Game
4821+4665 [23-16-2]. 23A-8-401. Removal of big game animals doing damage.
4822+4666 The director [of the division of Wildlife Resources] may authorize the removal of big
4823+4667game animals when [they] the big game animals are doing actual damage. [Animals so
4824+4668removed shall be sold or otherwise disposed of by the Division of Wildlife Resources, and any]
4825+4669The division shall sell or otherwise dispose of a big game animal removed pursuant to this
4826+4670section and money derived from the sale of these big game animals shall be placed in the
4827+4671Wildlife Resources Account.
4828+4672 Section 181. Section 23A-8-402, which is renumbered from Section 23-16-3 is
4829+4673renumbered and amended to read:
4830+4674 [23-16-3]. 23A-8-402. Damage to cultivated crops, livestock forage, fences, or
4831+4675irrigation equipment by big game animals -- Notice to division -- Depredation mitigation
4832+4676plan.
4833+4677 (1) (a) If on private land big game animals damage cultivated crops, livestock forage, H.B. 30 12-19-22 10:31 PM
43814834 - 152 -
4382-4230described in Section [23-23-9] 23A-7-207.
4383-4231 [(b) For purposes of this chapter, a cooperative wildlife management unit agent may
4384-4232not:]
4385-4233 [(i) be appointed by the division or the state;]
4386-4234 [(ii) be an employee or agent of the division;]
4387-4235 [(iii) receive compensation from the division or the state to act as a cooperative
4388-4236wildlife management unit agent; or]
4389-4237 [(iv) act as a peace officer or perform any duties of a peace officer without qualifying
4390-4238as a peace officer under Title 53, Chapter 13, Peace Officer Classifications.]
4391-4239 (3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
4392-4240or other identifying document authorizing the possessor to hunt small game or waterfowl in a
4393-4241cooperative wildlife management unit.
4394-4242 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
4395-4243possessor to hunt cougar, turkey, or big game in a cooperative wildlife management unit.
4396-4244 [(5) "Division" means the Division of Wildlife Resources.]
4397-4245 [(6)] (5) "Landowner association" means a landowner or an organization of owners of
4398-4246private lands who operates a cooperative wildlife management unit.
4399-4247 [(7) (a)] (6) "Landowner association operator" means a person designated by a
4400-4248landowner association to operate the cooperative wildlife management unit.
4401-4249 [(b) For purposes of this chapter, a landowner association operator may not:]
4402-4250 [(i) be appointed by the division; or]
4403-4251 [(ii) be an employee or agent of the division.]
4404-4252 Section 160. Section 23A-7-102, which is renumbered from Section 23-23-3 is
4405-4253renumbered and amended to read:
4406-4254 [23-23-3]. 23A-7-102. Rulemaking authority of Wildlife Board.
4407-4255 The Wildlife Board [is authorized to] may make and enforce rules applicable to
4408-4256cooperative wildlife management units organized for the hunting of small game, waterfowl,
4409-4257cougar, turkey, or big game that in [its] the Wildlife Board's judgment are necessary to Enrolled Copy H.B. 30
4835+4678fences, or irrigation equipment, the landowner or lessee shall immediately, upon discovery of
4836+4679the damage, request that the division take action to alleviate the depredation problem.
4837+4680 (b) The landowner or lessee shall allow division personnel reasonable access to the
4838+4681property sustaining damage to verify and alleviate the depredation problem.
4839+4682 (2) (a) Within 72 hours after receiving the request for action under Subsection (1)(a),
4840+4683the division shall investigate the situation, and if it appears that depredation by big game
4841+4684animals may continue, the division shall:
4842+4685 (i) remove the big game animals causing depredation; or
4843+4686 (ii) implement a depredation mitigation plan that is approved, in writing, by the
4844+4687landowner or lessee.
4845+4688 (b) A depredation mitigation plan may provide for any or all of the following:
4846+4689 (i) the scheduling of a depredation hunt;
4847+4690 (ii) issuing permits to the landowners or lessees, to take big game animals causing
4848+4691depredation during a general or special season hunt authorized by the Wildlife Board;
4849+4692 (iii) allowing landowners or lessees to designate recipients who may obtain a
4850+4693mitigation permit to take big game animals on the landowner's or lessee's land during a general
4851+4694or special season hunt authorized by the Wildlife Board; or
4852+4695 (iv) a description of how the division will assess and compensate the landowner or
4853+4696lessee under Section [23-16-4] 23A-8-405 for damage to cultivated crops, fences, or irrigation
4854+4697equipment.
4855+4698 (c) (i) The division shall specify the number and sex of the big game animals that may
4856+4699be taken pursuant to Subsections (2)(b)(ii) and (iii).
4857+4700 (ii) [Control efforts shall be directed] The division shall direct control efforts toward
4858+4701antlerless animals, if possible.
4859+4702 (d) [A] The director or the director's designee shall approve a permit issued for an
4860+4703antlered animal [shall be approved by the division director or the director's designee].
4861+4704 (e) The division and the landowner or lessee shall jointly determine the number of big
4862+4705game animals taken pursuant to Subsection (2)(b)(ii) of which the landowner or lessee may
4863+4706retain possession.
4864+4707 (f) In determining appropriate remedial action under this Subsection (2), the division
4865+4708shall consider: 12-19-22 10:31 PM H.B. 30
44104866 - 153 -
4411-4258administer and enforce [the provisions of] this chapter.
4412-4259 Section 161. Section 23A-7-103, which is renumbered from Section 23-23-1 is
4413-4260renumbered and amended to read:
4414-4261 [23-23-1]. 23A-7-103. Purposes of wildlife management units.
4415-4262 [Cooperative] A cooperative wildlife management [units are] unit is established to:
4416-4263 (1) provide income to landowners;
4417-4264 (2) create satisfying hunting opportunities;
4418-4265 (3) increase wildlife resources;
4419-4266 (4) provide adequate protection to landowners who open their lands for hunting; and
4420-4267 (5) provide access to public and private lands for hunting.
4421-4268 Section 162. Section 23A-7-201, which is renumbered from Section 23-23-4 is
4422-4269renumbered and amended to read:
4423-4270 Part 2. Requirements
4424-4271 [23-23-4]. 23A-7-201. Operation by landowner association.
4425-4272 (1) A landowner association shall operate a cooperative wildlife management unit as
4426-4273prescribed by this chapter and the rules of the Wildlife Board.
4427-4274 (2) For purposes of this chapter, a landowner association operator may not:
4428-4275 (a) be appointed by the division; or
4429-4276 (b) be an employee or agent of the division.
4430-4277 Section 163. Section 23A-7-202, which is renumbered from Section 23-23-5 is
4431-4278renumbered and amended to read:
4432-4279 [23-23-5]. 23A-7-202. Certificate of registration -- Renewal.
4433-4280 (1) A landowner association may not establish or operate a cooperative wildlife
4434-4281management unit without first obtaining a certificate of registration from the Wildlife Board.
4435-4282 (2) The Wildlife Board may renew annually certificates of registration if the landowner
4436-4283association has previously complied with this chapter and the rules of the Wildlife Board made
4437-4284in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4438-4285 Section 164. Section 23A-7-203, which is renumbered from Section 23-23-6 is H.B. 30 Enrolled Copy
4867+4709 (i) the extent of damage experienced or expected in a single growing season; and
4868+4710 (ii) [any] revenue the landowner derives from:
4869+4711 (A) participation in a cooperative wildlife management unit;
4870+4712 (B) use of landowner association permits;
4871+4713 (C) use of mitigation permits; and
4872+4714 (D) charging for hunter access.
4873+4715 (3) [Any] A landowner or lessee shall determine a fee for accessing the owner's or
4874+4716lessee's land [shall be determined by the landowner or lessee].
4875+4717 (4) (a) If the landowner or lessee who approved the depredation mitigation plan under
4876+4718Subsection (2)(a)(ii) subsequently determines that the plan is not acceptable, the landowner or
4877+4719lessee may revoke the landowner's or lessee's approval of the plan and again request that the
4878+4720division take action pursuant to Subsection (2)(a)(i).
4879+4721 (b) [A] The division shall consider a subsequent request for action provided under
4880+4722Subsection (4)(a) [shall be considered] to be a new request for purposes of the 72-hour time
4881+4723limit specified in Subsection (2)(a).
4882+4724 (5) (a) The division may enter into a conservation lease with the owner or lessee of
4883+4725private lands for a fee or other remuneration as compensation for depredation.
4884+4726 (b) [Any] A conservation lease entered into under this section shall provide that the
4885+4727claimant may not unreasonably restrict hunting on the land or passage through the land to
4886+4728access public lands for the purpose of hunting, if those actions are necessary to control or
4887+4729mitigate damage by big game animals.
4888+4730 Section 182. Section 23A-8-403, which is renumbered from Section 23-16-3.1 is
4889+4731renumbered and amended to read:
4890+4732 [23-16-3.1]. 23A-8-403. Landowner or lessee may kill big game animals.
4891+4733 (1) (a) A landowner or lessee may kill big game animals damaging [those] cultivated
4892+4734crops on private land if:
4893+4735 (i) it is necessary to protect cultivated crops;
4894+4736 (ii) 72 hours has expired since a request for action is given pursuant to Subsection
4895+4737[23-16-3] 23A-8-402(1)(a);
4896+4738 (iii) the landowner or lessee has provided or sent written notice of an intent to kill the
4897+4739big game animal to the nearest regional office of the division; H.B. 30 12-19-22 10:31 PM
44394898 - 154 -
4440-4286renumbered and amended to read:
4441-4287 [23-23-6]. 23A-7-203. Season dates -- Boundaries -- Review by councils and
4442-4288Wildlife Board.
4443-4289 (1) The Wildlife Board shall establish season dates and boundaries for each
4444-4290cooperative wildlife management unit.
4445-4291 (2) Season dates may differ from general statewide season dates.
4446-4292 (3) At least every five years, the relevant regional advisory council and Wildlife Board
4447-4293shall review a cooperative wildlife management [units] unit containing public land [will be
4448-4294reviewed by the regional advisory councils and the Wildlife Board].
4449-4295 Section 165. Section 23A-7-204, which is renumbered from Section 23-23-7 is
4450-4296renumbered and amended to read:
4451-4297 [23-23-7]. 23A-7-204. Permits -- Acreage and lands that may be included --
4452-4298Posting of boundaries.
4453-4299 (1) The division shall provide cooperative wildlife management unit authorizations for
4454-4300hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
4455-4301 (2) At least 50% of the cooperative wildlife management unit authorizations for
4456-4302hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
4457-4303offered for sale to the general public at the times and places designated on the application for a
4458-4304certificate of registration.
4459-4305 (3) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4460-4306hunting small game or waterfowl shall consist of private land.
4461-4307 (b) At least 75% of the acreage within the boundaries of [each] a cooperative wildlife
4462-4308management unit organized for the hunting of small game or waterfowl shall be open to
4463-4309hunting by holders of valid authorizations.
4464-4310 (4) (a) The division may issue cooperative wildlife management unit permits for
4465-4311hunting cougar, turkey, or big game to permittees:
4466-4312 (i) qualifying through a public drawing; or
4467-4313 (ii) named by the cooperative wildlife management unit operator. Enrolled Copy H.B. 30
4899+4740 (iv) the landowner or lessee kills the big game animal within 90 days, or a longer
4900+4741period, if approved, in writing, by the division, after having requested that the division take
4901+4742action to prevent depredation under Subsection [23-16-3] 23A-8-402(1)(a); and
4902+4743 (v) the killing is not prohibited by Subsection (2)(a) or (3).
4903+4744 (b) Immediately after killing a big game animal under Subsection (1)(a), the landowner
4904+4745or lessee shall notify the division of the killing.
4905+4746 (c) The carcass of a big game animal killed under Subsection (1)(a) is the property of
4906+4747the division and the division shall dispose of the carcass.
4907+4748 (d) Money derived from the sale of big game animals killed shall be placed in the
4908+4749Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
4909+4750 (e) A landowner or lessee who kills big game animals pursuant to this section shall:
4910+4751 (i) make reasonable effort to prevent the big game animals from wasting; and
4911+4752 (ii) provide the division reasonable access to the landowner's or lessee's land to retrieve
4912+4753and dispose of the big game animals.
4913+4754 (2) (a) The [division] director may prohibit the killing of big game animals under
4914+4755Subsection (1)(a) if, within 72 hours after a landowner or lessee has requested that the division
4915+4756take action to remove depredating big game animals, the division:
4916+4757 (i) determines that the restitution value of the big game animal or animals, as
4917+4758established under Section [23-20-4.5] 23A-5-312, is more than twice the estimated value of the
4918+4759cultivated crops that have been or will be damaged or consumed within a single growing
4919+4760season;
4920+4761 (ii) determines that the prohibition is consistent with the management plan established
4921+4762under Section [23-16-7] 23A-11-301;
4922+4763 (iii) notifies the landowner or lessee of the prohibition; and
4923+4764 (iv) offers the landowner or lessee a depredation mitigation plan.
4924+4765 (b) A landowner or lessee who is offered a depredation mitigation plan may:
4925+4766 (i) accept the plan in writing; or
4926+4767 (ii) refuse to accept the plan and appeal the plan, in writing, to the [division] director.
4927+4768 (3) After a landowner or lessee has killed a big game animal under Subsection (1)(a),
4928+4769the [division] director may prohibit [any] further killing of big game animals if:
4929+4770 (a) the division takes the actions described in Subsections (2)(a)(i) through (iv); or 12-19-22 10:31 PM H.B. 30
44684930 - 155 -
4469-4314 (b) The Wildlife Board may specify by rule, made in accordance with Title 63G,
4470-4315Chapter 3, Utah Administrative Rulemaking Act, those persons who are eligible to draw a
4471-4316cooperative wildlife management unit permit in a public drawing.
4472-4317 (5) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4473-4318hunting cougar, turkey, or big game shall consist of private land to the extent practicable.
4474-4319Public land may be included within a cooperative wildlife management unit if:
4475-4320 (i) the public land is completely surrounded by private land or is otherwise inaccessible
4476-4321to the general public;
4477-4322 (ii) including public land is necessary to establish a readily identifiable boundary; or
4478-4323 (iii) including public land is necessary to achieve cougar, turkey, or big game
4479-4324management objectives.
4480-4325 (b) If [any] public land is included within a cooperative wildlife management unit:
4481-4326 (i) the landowner association shall meet applicable federal or state land use
4482-4327requirements on the public land; and
4483-4328 (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
4484-4329made available to the general public to reflect the proportion of public lands to private lands
4485-4330within the cooperative wildlife management unit.
4486-4331 (6) [Each] A landowner association shall:
4487-4332 (a) clearly post [all] the boundaries of the cooperative wildlife management unit by
4488-4333displaying signs containing information prescribed by rule of the Wildlife Board at the
4489-4334locations specified in Subsection [23-20-14(1)(d)] 23A-5-317(1)(c); and
4490-4335 (b) provide a written copy of [its] the landowner association's guidelines to each holder
4491-4336of an authorization or permit.
4492-4337 Section 166. Section 23A-7-205, which is renumbered from Section 23-23-7.5 is
4493-4338renumbered and amended to read:
4494-4339 [23-23-7.5]. 23A-7-205. Landowner association to provide comparable hunting
4495-4340opportunities.
4496-4341 A landowner association shall provide [each] a holder of an authorization or permit a H.B. 30 Enrolled Copy
4931+4771 (b) the mitigation review panel reviews and approves the depredation mitigation plan.
4932+4772 Section 183. Section 23A-8-404, which is renumbered from Section 23-16-3.2 is
4933+4773renumbered and amended to read:
4934+4774 [23-16-3.2]. 23A-8-404. Mitigation review panel.
4935+4775 (1) A mitigation review panel may be convened to review:
4936+4776 (a) a depredation mitigation plan; or
4937+4777 (b) division action under Section [23-16-4] 23A-8-405.
4938+4778 (2) Membership of the mitigation review panel shall consist of:
4939+4779 (a) the [division] director or the director's designee;
4940+4780 (b) (i) the commissioner of the Department of Agriculture and Food or the
4941+4781commissioner's designee; or
4942+4782 (ii) a representative of agricultural interests appointed by the commissioner of the
4943+4783Department of Agriculture and Food; and
4944+4784 (c) a representative of Utah State University Extension Service appointed by the Vice
4945+4785President and Dean for University Extension.
4946+4786 (3) (a) The [division] director shall convene a mitigation review panel if:
4947+4787 (i) a landowner or lessee appeals a depredation mitigation plan under Subsection
4948+4788[23-16-3.1] 23A-8-403(2)(b)(ii);
4949+4789 (ii) the [division] director requests review of a depredation mitigation plan; or
4950+4790 (iii) the division receives a petition of an aggrieved party to a final division action
4951+4791under Section [23-16-4] 23A-8-405.
4952+4792 (b) Within five business days of an appeal under Subsection [23-16-3.1]
4953+479323A-8-403(2)(b)(ii) or a division request for review, the mitigation review panel shall review
4954+4794the depredation mitigation plan and approve or modify the plan.
4955+4795 (c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii)
4956+4796in accordance with rules made by the Wildlife Board under Subsection [23-16-4]
4957+479723A-8-405(6).
4958+4798 (4) Judicial review of a mitigation review panel action under this section is governed
4959+4799by Title 63G, Chapter 4, Administrative Procedures Act.
4960+4800 Section 184. Section 23A-8-405, which is renumbered from Section 23-16-4 is
4961+4801renumbered and amended to read: H.B. 30 12-19-22 10:31 PM
44974962 - 156 -
4498-4342comparable hunting opportunity in terms of hunting area and number of days.
4499-4343 Section 167. Section 23A-7-206, which is renumbered from Section 23-23-8 is
4500-4344renumbered and amended to read:
4501-4345 [23-23-8]. 23A-7-206. Compensation for damage -- Claims.
4502-4346 (1) A landowner participating in a cooperative wildlife management unit who incurs
4503-4347damages caused by a hunter on [his or her] the landowner's land may submit a claim and
4504-4348receive compensation for the claim from money received for cooperative wildlife management
4505-4349unit authorization or permit fees collected by the landowner association.
4506-4350 [(1) These claims shall:]
4507-4351 (2) The claims under Subsection (1) shall:
4508-4352 (a) be paid first and have priority over all other obligations of the landowner
4509-4353association;
4510-4354 (b) be reviewed, investigated, and paid by the landowner association; and
4511-4355 (c) not exceed annual revenues of a cooperative wildlife management unit.
4512-4356 [(2)] (3) A landowner participating in a cooperative wildlife management unit who
4513-4357incurs damages caused by a hunter on [his or her] the landowner's land may not hold the state
4514-4358liable for compensation.
4515-4359 Section 168. Section 23A-7-207, which is renumbered from Section 23-23-9 is
4516-4360renumbered and amended to read:
4517-4361 [23-23-9]. 23A-7-207. Agents -- Appointment -- Identification -- Refusal of
4518-4362entry by agent.
4519-4363 (1) A landowner association may appoint one or more cooperative wildlife
4520-4364management unit agents to protect private property of the cooperative wildlife management
4521-4365unit.
4522-4366 (2) [Each] A cooperative wildlife management unit agent shall wear or have in [his or
4523-4367her] the cooperative wildlife management unit agent's possession a form of identification
4524-4368prescribed by the Wildlife Board [which] that indicates [he or she] that the individual is a
4525-4369cooperative wildlife management unit agent. Enrolled Copy H.B. 30
4963+4802 [23-16-4]. 23A-8-405. Compensation for damage to crops, fences, or irrigation
4964+4803equipment -- Limitations -- Appeals.
4965+4804 (1) The division may provide compensation to claimants for damage caused by big
4966+4805game animals to:
4967+4806 (a) cultivated crops on private land;
4968+4807 (b) fences on private land; or
4969+4808 (c) irrigation equipment on private land.
4970+4809 (2) To be eligible to receive compensation as provided in this section, the claimant
4971+4810shall:
4972+4811 (a) notify the division of the damage within 72 hours after the damage is discovered;
4973+4812and
4974+4813 (b) allow division personnel reasonable access to the property to verify and alleviate
4975+4814the depredation problem.
4976+4815 (3) (a) The [appraisal of the damage shall be made by the] claimant and the division
4977+4816shall make an appraisal of the damage as soon after notification as possible.
4978+4817 (b) In determining damage payment, the division and claimant shall consider:
4979+4818 (i) the extent of damage experienced; and
4980+4819 (ii) [any] revenue the landowner derives from:
4981+4820 (A) participation in a cooperative wildlife management unit;
4982+4821 (B) use of landowner association permits;
4983+4822 (C) use of mitigation permits; and
4984+4823 (D) charging for hunter access.
4985+4824 (c) The division and claimant may not include speculative damages or claims of future
4986+4825value in an appraisal or damage payment beyond the growing season when the damage
4987+4826occurred under this section.
4988+4827 (d) In determining how to assess and compensate for damages to cultivated crops, the
4989+4828[division's determination shall be based] division shall base the division's determination on the:
4990+4829 (i) estimated number of big game animals that damaged or consumed cultivated crops;
4991+4830 (ii) estimated quantity of cultivated crops damaged or consumed by big game animals;
4992+4831 (iii) local market value of the cultivated crops that actually have been or will be
4993+4832damaged or consumed by big game animals; 12-19-22 10:31 PM H.B. 30
45264994 - 157 -
4527-4370 (3) A cooperative wildlife management unit agent may refuse entry into private lands
4528-4371within a cooperative wildlife management unit to any person, except an owner of land within
4529-4372the cooperative wildlife management unit and [his or her] the landowner's employees, who:
4530-4373 (a) does not have in [his or her] the person's possession a cooperative wildlife
4531-4374management unit authorization or permit;
4532-4375 (b) endangers or has endangered human safety;
4533-4376 (c) damages or has damaged private property within a cooperative wildlife
4534-4377management unit; or
4535-4378 (d) fails or has failed to comply with reasonable rules of a landowner association.
4536-4379 (4) In performing the functions described in this section, a cooperative wildlife
4537-4380management unit agent shall comply with the relevant laws of this state.
4538-4381 (5) For purposes of this chapter, a cooperative wildlife management unit agent may
4539-4382not:
4540-4383 (a) be appointed by the division or the state;
4541-4384 (b) be an employee or agent of the division;
4542-4385 (c) receive compensation from the division or the state to act as a cooperative wildlife
4543-4386management unit agent; or
4544-4387 (d) act as a peace officer or perform the duties of a peace officer without qualifying as
4545-4388a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
4546-4389 Section 169. Section 23A-7-208, which is renumbered from Section 23-23-10 is
4547-4390renumbered and amended to read:
4548-4391 [23-23-10]. 23A-7-208. Possession of permits and licenses by hunter --
4549-4392Restrictions.
4550-4393 (1) A person may not hunt in a cooperative wildlife management unit without having in
4551-4394[his or her] the person's possession:
4552-4395 (a) a valid cooperative wildlife management unit authorization or permit or other
4553-4396permit as authorized by the [wildlife board] Wildlife Board; and
4554-4397 (b) the necessary hunting licenses[, tags, and stamps] and tags. H.B. 30 Enrolled Copy
4995+4833 (iv) replacement value of an equivalent aged tree for perennial orchard trees; and
4996+4834 (v) other documented costs directly incurred by the landowner or lessee because of
4997+4835damage to cultivated crops by big game animals.
4998+4836 (e) If the claimant and the division are unable to agree on a fair and equitable damage
4999+4837payment, the claimant and division shall designate a third party, consisting of one or more
5000+4838persons familiar with the crops, fences, or irrigation equipment and the type of big game
5001+4839animals doing the damage, to appraise the damage.
5002+4840 (4) (a) The total amount of compensation that may be provided by the division pursuant
5003+4841to this section and the total cost of fencing materials provided by the division to prevent crop
5004+4842damage may not exceed the legislative appropriation for fencing material and compensation for
5005+4843damaged crops, fences, and irrigation equipment.
5006+4844 (b) (i) A claim of $1,000 or less may be paid after appraisal of the damage as provided
5007+4845in Subsection (3), unless the claim brings the total amount of claims submitted by the claimant
5008+4846in the fiscal year to an amount in excess of $1,000.
5009+4847 (ii) A claim for damage to irrigation equipment may be paid after appraisal of the
5010+4848damage as provided in Subsection (3).
5011+4849 (c) (i) A claim in excess of $1,000, or claim that brings the total amount of claims
5012+4850submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
5013+4851as follows:
5014+4852 (A) $1,000 may be paid pursuant to the conditions of this section; and
5015+4853 (B) the amount in excess of $1,000 may not be paid until the total amount of the
5016+4854approved claims of all the claimants and expenses for fencing materials for the fiscal year are
5017+4855determined.
5018+4856 (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
5019+4857Subsection (4)(a), claims in excess of $1,000, or a claim that brings the total amount of a
5020+4858claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
5021+4859 (5) The division may deny or limit compensation if the claimant:
5022+4860 (a) fails to exercise reasonable care and diligence to avoid the loss or minimize the
5023+4861damage;
5024+4862 (b) fails to provide the division reasonable access to the property;
5025+4863 (c) fails to allow the division to use reasonable mitigation tools to alleviate the damage; H.B. 30 12-19-22 10:31 PM
45555026 - 158 -
4556-4398 (2) A cooperative wildlife management unit authorization or permit:
4557-4399 (a) entitles the holder to hunt only in the cooperative wildlife management unit
4558-4400specified on the authorization or permit pursuant to rules and proclamations of the Wildlife
4559-4401Board and does not entitle the holder to hunt on any other private or public land; and
4560-4402 (b) constitutes written permission for trespass as required under Section [23-20-14]
4561-440323A-5-317.
4562-4404 Section 170. Section 23A-7-209, which is renumbered from Section 23-23-11 is
4563-4405renumbered and amended to read:
4564-4406 [23-23-11]. 23A-7-209. Failure to comply with rules and requirements.
4565-4407 A person shall leave private property within a cooperative wildlife management unit
4566-4408immediately, upon request of a landowner, landowner association operator, or cooperative
4567-4409wildlife management unit agent, if that person:
4568-4410 (1) does not have in that person's possession a cooperative wildlife management unit
4569-4411authorization or permit;
4570-4412 (2) endangers or has endangered human safety;
4571-4413 (3) damages or has damaged private property within a cooperative wildlife
4572-4414management unit; or
4573-4415 (4) fails or has failed to comply with reasonable rules of a landowner association.
4574-4416 Section 171. Section 23A-7-210, which is renumbered from Section 23-23-12 is
4575-4417renumbered and amended to read:
4576-4418 [23-23-12]. 23A-7-210. Damage or destruction of property.
4577-4419 A person on the land of another person may not intentionally damage, disarrange, or
4578-4420destroy that person's property.
4579-4421 Section 172. Section 23A-7-211, which is renumbered from Section 23-23-13 is
4580-4422renumbered and amended to read:
4581-4423 [23-23-13]. 23A-7-211. Violation of chapter -- Class B misdemeanor.
4582-4424 Any person who violates [any provision of] this chapter is guilty of a class B
4583-4425misdemeanor, unless another penalty is provided elsewhere in the laws of this state. Enrolled Copy H.B. 30
5027+4864 (d) unreasonably restricts hunting on land under the claimant's control or passage
5028+4865through the land to access public lands for the purpose of hunting, after receiving written
5029+4866notification from the division of the necessity of allowing the hunting or access to control or
5030+4867mitigate damage by big game animals; or
5031+4868 (e) fails to provide supporting evidence of cultivated crop values and claimed costs to
5032+4869the division during the damage appraisal process.
5033+4870 (6) (a) The Wildlife Board shall make rules, in accordance with Title 63G, Chapter 3,
5034+4871Utah Administrative Rulemaking Act, and consistent with Subsection (6)(d), specifying
5035+4872procedures for the appeal of division actions under this section.
5036+4873 (b) Upon the petition of an aggrieved party to a final division action, a mitigation
5037+4874review panel may review the action on the record and issue an order modifying or rescinding
5038+4875the division action.
5039+4876 (c) A mitigation review panel may appoint a third party designated under Subsection
5040+4877(3)(e) for purposes of taking evidence and making recommendations for an order of the
5041+4878mitigation review panel. The mitigation review panel shall consider the recommendations of
5042+4879the designated third party in making decisions.
5043+4880 (d) A mitigation review panel's review of final agency action and judicial review of
5044+4881final action by a mitigation review panel is governed by Title 63G, Chapter 4, Administrative
5045+4882Procedures Act.
5046+4883 Section 185. Section 23A-9-101 is enacted to read:
5047+4884 CHAPTER 9. AQUATIC WILDLIFE
5048+4885 Part 1. General Provisions
5049+4886 23A-9-101. Definitions.
5050+4887 Reserved.
5051+4888 Section 186. Section 23A-9-201, which is renumbered from Section 23-15-4 is
5052+4889renumbered and amended to read:
5053+4890 Part 2. Operations
5054+4891 [23-15-4]. 23A-9-201. Screens or other devices required -- Failure to install
5055+4892after notice a misdemeanor.
5056+4893 [It is unlawful for any person, company or corporation to take any]
5057+4894 (1) A person may not take water from the state streams, lakes, or reservoirs for power 12-19-22 10:31 PM H.B. 30
45845058 - 159 -
4585-4426 Section 173. Section 23A-7-212, which is renumbered from Section 23-23-14 is
4586-4427renumbered and amended to read:
4587-4428 [23-23-14]. 23A-7-212. Landowner protection under Landowner Liability Act.
4588-4429 [Landowners who participate in] A landowner who participates in a cooperative
4589-4430wildlife management [units shall have] unit has the full protection afforded under Title 57,
4590-4431Chapter 14, Limitations on Landowner Liability.
4591-4432 Section 174. Section 23A-8-101 is enacted to read:
4592-4433 CHAPTER 8. WILDLIFE DAMAGE
4593-4434 Part 1. General Provisions
4594-4435 23A-8-101. Definitions.
4595-4436 As used in this chapter:
4596-4437 (1) "72 hours" means a time period that begins with the hour a request for action is
4597-4438made pursuant to Section 23A-8-402 and ends 72 hours later with the exclusion of any hour
4598-4439that occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
4599-444063G-1-301.
4600-4441 (2) "Cultivated crops" means:
4601-4442 (a) annual or perennial crops harvested from or on cleared and planted land;
4602-4443 (b) perennial orchard trees on cleared and planted land;
4603-4444 (c) crop residues that have forage value for livestock; and
4604-4445 (d) pastures.
4605-4446 (3) "Depredation" means an act causing damage or death.
4606-4447 (4) "Depredation mitigation plan" means the plan described in Subsection
4607-444823A-8-402(2).
4608-4449 (5) "Growing season" means the portion of a year in which local conditions permit
4609-4450normal plant growth.
4610-4451 (6) "Livestock" means cattle, sheep, horses, goats, or turkeys.
4611-4452 (7) "Management unit" means a prescribed area of contiguous land designated by the
4612-4453division for the purpose of managing a species of big game animal. H.B. 30 Enrolled Copy
5059+4895purposes, or for waterworks, without first furnishing and maintaining suitable screens or other
5060+4896devices to prevent fish from entering [such] the power plants, millraces, or waterworks
5061+4897system[; said].
5062+4898 (2) A screen or other [devices] device is to be built and maintained under the direction
5063+4899of the [board] Wildlife Board and at the expense of [said] the owner or [operators . The failure
5064+4900of any person, firm or corporation] operator.
5065+4901 (3) A person who fails to install a screen or device within 30 days after the Wildlife
5066+4902Board gives notice in writing [so to do has been given by the board is] to install the screen or
5067+4903device is guilty of a class B misdemeanor.
5068+4904 Section 187. Section 23A-9-202, which is renumbered from Section 23-15-5 is
5069+4905renumbered and amended to read:
5070+4906 [23-15-5]. 23A-9-202. Notice of intention to drain or divert waterway.
5071+4907 (1) [Any person, company or corporation] A person owning or controlling [any] an
5072+4908irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into [any] a state
5073+4909waterway containing protected aquatic wildlife [who shall desire] shall provide the notice
5074+4910described in Subsection (2) if the person:
5075+4911 (a) desires to drain [any such waterway, or who shall intend] the waterway; or
5076+4912 (b) intends to divert sufficient water from [any] a state waterway endangering the
5077+4913protected aquatic wildlife [therein,] in the state waterway.
5078+4914 (2) If the conditions described in Subsection (1) are met, the person shall give five
5079+4915days' written notice to the [Division of Wildlife Resources prior to] division before the
5080+4916diversion except that under emergency conditions the person shall give reasonable notice [shall
5081+4917be given].
5082+4918 Section 188. Section 23A-9-203, which is renumbered from Section 23-15-10 is
5083+4919renumbered and amended to read:
5084+4920 [23-15-10]. 23A-9-203. Private fish pond.
5085+4921 (1) A private fish pond is not required to obtain a certificate of registration from the
5086+4922division to receive fish from an aquaculture facility if:
5087+4923 (a) the pond is properly screened as provided in Subsection (3)(c); and
5088+4924 (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
5089+4925Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. H.B. 30 12-19-22 10:31 PM
46135090 - 160 -
4614-4454 (8) "Mitigation review panel" means the panel created under Section 23A-8-404.
4615-4455 (9) (a) For purposes of Part 2, Damage in General, "predator" means a mountain lion or
4616-4456bear.
4617-4457 (b) For purposes of Part 4, Damage by Big Game, "predator" means a cougar, bear, or
4618-4458coyote.
4619-4459 (10) For purposes of Section 23A-8-302, "turkey" means a wild, free-ranging turkey
4620-4460and does not include a privately owned or domestic turkey.
4621-4461 (11) "Wildlife Services Program" means a program of the United States Department of
4622-4462Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4623-4463natural resources, and to safeguard human health and safety.
4624-4464 (12) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4625-4465Services specialist.
4626-4466 (13) (a) "Wolf" means the gray wolf Canis lupus.
4627-4467 (b) "Wolf" does not mean a wolf hybrid with a domestic dog.
4628-4468 Section 175. Section 23A-8-201, which is renumbered from Section 23-24-1 is
4629-4469renumbered and amended to read:
4630-4470 Part 2. Damage in General
4631-4471 [23-24-1]. 23A-8-201. Procedure to obtain compensation for livestock damage
4632-4472done by bear, mountain lion, wolf, or eagle.
4633-4473 [(1) As used in this section:]
4634-4474 [(a) "Damage" means injury to or loss of livestock.]
4635-4475 [(b) "Division" means the Division of Wildlife Resources.]
4636-4476 [(c) "Livestock" means cattle, sheep, goats, or turkeys.]
4637-4477 [(d) (i) "Wolf" means the gray wolf Canis lupus.]
4638-4478 [(ii) "Wolf" does not mean a wolf hybrid with a domestic dog.]
4639-4479 [(2)] (1) (a) (i) Except as provided by Subsection [(2)] (1)(a)(ii), if livestock are
4640-4480damaged by a bear, mountain lion, wolf, or an eagle, the owner may receive compensation for
4641-4481the fair market value of the damage to the livestock. Enrolled Copy H.B. 30
5091+4926 (2) (a) Except as provided in Subsection (2)(b), a private fish pond or a short-term
5092+4927fishing event may not be developed or held on:
5093+4928 (i) a natural lake;
5094+4929 (ii) a natural flowing stream; or
5095+4930 (iii) a reservoir constructed on a natural stream channel.
5096+4931 (b) The division may authorize a private fish pond on a natural lake or reservoir
5097+4932constructed on a natural stream channel upon inspecting and determining:
5098+4933 (i) the pond and inlet source of the pond neither contain wild game fish nor are likely
5099+4934to support [such species] wild game fish in the future;
5100+4935 (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
5101+4936wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
5102+4937 (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
5103+4938compliance with the requirements of this title, rules of the Wildlife Board, and applicable law;
5104+4939and
5105+4940 (iv) the pond is not vulnerable to flood or high water events capable of compromising
5106+4941the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
5107+4942state.
5108+4943 (c) [Any] An authorization issued by the division under Subsection (2)(b) shall be in
5109+4944the form of a certificate of registration.
5110+4945 (3) A person who owns or operates a private fish pond may receive a fish from an
5111+4946aquaculture facility if:
5112+4947 (a) the aquaculture facility has a health approval number required by Section 4-37-501;
5113+4948 (b) the species, strain, and reproductive capability of the fish is authorized by the
5114+4949Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish
5115+4950pond is located;
5116+4951 (c) the private fish pond is screened in accordance with the Wildlife Board's rule, made
5117+4952in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prevent the
5118+4953fish from moving into or out of the private fish pond;
5119+4954 (d) the fish is not:
5120+4955 (i) released from the private fish pond; or
5121+4956 (ii) transported live to another location; and 12-19-22 10:31 PM H.B. 30
46425122 - 161 -
4643-4482 (ii) The owner of livestock may not receive compensation if the livestock is damaged
4644-4483by a wolf within an area where a wolf is endangered or threatened under the Endangered
4645-4484Species Act of 1973, 16 U.S.C. Sec. 1531, et seq.
4646-4485 (b) To obtain [this] compensation under this section, the owner of the damaged
4647-4486livestock shall notify the division of the damage as soon as possible, but no later than four days
4648-4487after the damage to the livestock is discovered.
4649-4488 (c) The owner shall notify the division each time [any] damage to livestock is
4650-4489discovered.
4651-4490 [(3)] (2) The livestock owner shall file a proof of loss form, provided by the division,
4652-4491no later than 30 days after the original notification of damage to livestock was given to the
4653-4492division by the owner.
4654-4493 [(4)] (3) (a) (i) The division, with the assistance of the Department of Agriculture and
4655-4494Food shall:
4656-4495 (A) within 30 days after the owner files the proof of loss form, either accept or deny the
4657-4496claim for damages; and
4658-4497 (B) subject to Subsections [(4)] (3)(a)(ii) through [(4)] (3)(a)(iv), pay [all] the accepted
4659-4498claims to the extent money appropriated by the Legislature is available for this purpose.
4660-4499 (ii) Money appropriated from the Wildlife Resources Account may be used to provide
4661-4500compensation for only up to 50% of the fair market value of [any] damaged livestock.
4662-4501 (iii) Money appropriated from the Wildlife Resources Account may not be used to
4663-4502provide compensation for livestock damaged by an eagle or a wolf.
4664-4503 (iv) The division may not pay [any] an eagle damage claim until the division has paid
4665-4504all accepted mountain lion and bear livestock damage claims for the fiscal year.
4666-4505 (b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a
4667-4506livestock owner unless the owner has filed a completed livestock form and the appropriate fee
4668-4507as outlined in Section 4-23-107 for the immediately preceding and current year.
4669-4508 (c) (i) Unless the division denies a claim for the reason identified in Subsection [(4)]
4670-4509(3)(b), the owner may appeal the decision to a panel consisting of one person selected by the H.B. 30 Enrolled Copy
5123+4957 (e) the person provides the aquaculture facility with a signed statement that the private
5124+4958fish pond is in compliance with this section.
5125+4959 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5126+4960Wildlife Board may make rules that:
5127+4961 (a) specify the screen requirements to prevent the movement of fish into or out of the
5128+4962private fish pond;
5129+4963 (b) specify the fish species that may not be stocked in a private fish pond located in the
5130+4964state;
5131+4965 (c) establish a location or region where a specified species, strain, and reproductive
5132+4966capability of fish may be stocked in a private fish pond; and
5133+4967 (d) specify procedures and requirements for authorizing development of a private fish
5134+4968pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
5135+4969reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
5136+4970 (5) The division may inspect a private fish pond to verify compliance with this section
5137+4971and rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah
5138+4972Administrative Rulemaking Act.
5139+4973 Section 189. Section 23A-9-204, which is renumbered from Section 23-15-13 is
5140+4974renumbered and amended to read:
5141+4975 [23-15-13]. 23A-9-204. Operation of aquaculture and fee fishing facilities.
5142+4976 A person may engage in the following activities as provided by Title 4, Chapter 37,
5143+4977Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and
5144+4978Food and Wildlife Board:
5145+4979 (1) acquisition, importation, or possession of aquatic animals intended for use in an
5146+4980aquaculture or fee fishing facility;
5147+4981 (2) transportation of aquatic animals to or from an aquaculture facility or to a fee
5148+4982fishing facility;
5149+4983 (3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility;
5150+4984and
5151+4985 (4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing
5152+4986facility.
5153+4987 Section 190. Section 23A-9-301, which is renumbered from Section 23-15-3 is H.B. 30 12-19-22 10:31 PM
46715154 - 162 -
4672-4510owner, one person selected by the division, and a third person selected by the first two panel
4673-4511members.
4674-4512 (ii) The panel shall decide whether the division should pay all of the claim, a portion of
4675-4513the claim, or none of the claim.
4676-4514 [(5)] (4) [By following the procedures and requirements of Title 63G, Chapter 3, Utah
4677-4515Administrative Rulemaking Act, the] The Wildlife Board may make rules, in accordance with
4678-4516Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules to administer
4679-4517and enforce this section.
4680-4518 Section 176. Section 23A-8-202, which is renumbered from Section 23-24-2 is
4681-4519renumbered and amended to read:
4682-4520 [23-24-2]. 23A-8-202. Livestock depredation by predators.
4683-4521 [(1) As used in this section:]
4684-4522 [(a) "Depredation" means an act causing damage or death.]
4685-4523 [(b) "Director" means the director of the Division of Wildlife Resources.]
4686-4524 [(c) "Division" means the Division of Wildlife Resources.]
4687-4525 [(d) "Livestock" means cattle, sheep, goats, horses, or turkeys.]
4688-4526 [(e) "Predator" means a mountain lion or bear.]
4689-4527 [(f) "Wildlife Board" means the board created in Section 23-14-2.]
4690-4528 [(g) "Wildlife Services Program" means a program of the United States Department of
4691-4529Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4692-4530natural resources, and to safeguard human health and safety.]
4693-4531 [(h) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4694-4532Services specialist.]
4695-4533 [(2)] (1) If a predator harasses, chases, disturbs, harms, attacks, or kills livestock,
4696-4534within 96 hours of the act:
4697-4535 (a) in a depredation case, the livestock owner, an immediate family member, or an
4698-4536employee of the livestock owner on a regular payroll and not specifically hired to take a
4699-4537predator, may take predators subject to the requirements of this section; Enrolled Copy H.B. 30
5155+4988renumbered and amended to read:
5156+4989 Part 3. Prohibitions
5157+4990 [23-15-3]. 23A-9-301. Diversion of water prohibited -- Exception for flood
5158+4991control.
5159+4992 [Except in anticipation of and to provide for the carrying away and the safe disposal of
5160+4993natural storm and flood waters, no person may,]
5161+4994 (1) Except as provided in Subsection (2), a person may not, without existing rights,
5162+4995divert so much water from [any] a natural stream, lake, pond, or natural lake or pond, the
5163+4996natural storage content of which has been increased by the construction of a dam, that the
5164+4997diversion unduly endangers protected aquatic wildlife.
5165+4998 (2) A person may divert waters in a manner that would otherwise violate Subsection
5166+4999(1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm
5167+5000and flood waters.
5168+5001 Section 191. Section 23A-9-302, which is renumbered from Section 23-15-6 is
5169+5002renumbered and amended to read:
5170+5003 [23-15-6]. 23A-9-302. Pollution of waters unlawful.
5171+5004 [It is unlawful for any person to pollute any waters deemed necessary by]
5172+5005 (1) A person may not pollute waters:
5173+5006 (a) the Wildlife Board considers necessary for wildlife purposes [or any waters]; or
5174+5007 (b) containing protected aquatic wildlife and stoneflies (Plecoptera), mayflies
5175+5008(Ephemoptera), dragonflies and damsel flies (Odonata), water bugs (Hemiptera), caddis flies
5176+5009(Trichoptera), spongilla flies (Neuroptera), and crustaceans. [Provided further that each]
5177+5010 (2) Each day of pollution [shall constitute] constitutes a separate offense.
5178+5011 Section 192. Section 23A-9-303, which is renumbered from Section 23-15-7 is
5179+5012renumbered and amended to read:
5180+5013 [23-15-7]. 23A-9-303. Taking protected aquatic wildlife or eggs unlawful
5181+5014except as authorized.
5182+5015 [It is unlawful for any person to take any] A person may not take protected aquatic
5183+5016wildlife or eggs of [same in any of] aquatic wildlife in the waters of this state, except as
5184+5017provided by this [code] title or the rules [and regulations] of the Wildlife Board made in
5185+5018accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 12-19-22 10:31 PM H.B. 30
47005186 - 163 -
4701-4538 (b) a landowner or livestock owner may notify the division of the depredation or
4702-4539human health and safety concerns, who may authorize a local hunter to take the offending
4703-4540predator or notify a wildlife specialist; or
4704-4541 (c) the livestock owner may notify a wildlife specialist of the depredation who may
4705-4542take the depredating predator.
4706-4543 [(3)] (2) A depredating predator may be taken at any time by a wildlife specialist,
4707-4544supervised by the Wildlife Services Program, while acting in the performance of the wildlife
4708-4545specialist's assigned duties and in accordance with procedures approved by the division.
4709-4546 [(4)] (3) (a) A depredating predator may be taken by an individual authorized in
4710-4547Subsection [(2)] (1)(a):
4711-4548 (i) with a weapon authorized by the division, pursuant to rules made by the Wildlife
4712-4549Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
4713-4550taking the predator; or
4714-4551 (ii) only using snares:
4715-4552 (A) with written authorization from the director;
4716-4553 (B) subject to the conditions and restrictions set out in the written authorization; and
4717-4554 (C) if the division verifies that there has been a chronic depredation situation when
4718-4555numerous livestock have been killed by a predator as described in rule made by the Wildlife
4719-4556Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4720-4557 (b) An individual authorized in Subsection [(2)] (1)(a) to take depredating predators
4721-4558may take no more than two bears per incident.
4722-4559 [(5)] (4) (a) In accordance with Subsection [(5)] (4)(b), the division may issue a
4723-4560depredation permit to take a predator on specified private lands and public land grazing
4724-4561allotments with a chronic depredation situation when numerous livestock have been killed by
4725-4562predators.
4726-4563 (b) The division may:
4727-4564 (i) issue one or more depredation permits to an affected livestock owner or a designee
4728-4565of the affected livestock owner, provided that the livestock owner does not receive monetary H.B. 30 Enrolled Copy
5187+5019 Section 193. Section 23A-9-304, which is renumbered from Section 23-15-8 is
5188+5020renumbered and amended to read:
5189+5021 [23-15-8]. 23A-9-304. Seining or selling aquatic wildlife unlawful except as
5190+5022authorized.
5191+5023 [It is unlawful for any person to] Except as prescribed by this title or rules of the
5192+5024Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Procedures
5193+5025Act, a person may not seine:
5194+5026 (1) for any kind of protected aquatic wildlife in [any of] the waters of this state; or
5195+5027 (2) to sell protected aquatic wildlife [except as prescribed by this title or rules of the
5196+5028Wildlife Board].
5197+5029 Section 194. Section 23A-9-305, which is renumbered from Section 23-15-9 is
5198+5030renumbered and amended to read:
5199+5031 [23-15-9]. 23A-9-305. Possession or transportation of live aquatic wildlife
5200+5032unlawful except as authorized -- Exceptions.
5201+5033 (1) [It is unlawful for any person to] A person may not possess or transport live
5202+5034protected aquatic wildlife except as provided by this [code] title or the rules [and regulations]
5203+5035of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative
5204+5036Rulemaking Act.
5205+5037 (2) This section does not apply to tropical and goldfish species intended for exhibition
5206+5038or commercial purposes. [Operators]
5207+5039 (3) An operator of a properly registered private fish pond may transport live aquatic
5208+5040wildlife specified by the Wildlife Board in the operator's certificate of registration.
5209+5041 Section 195. Section 23A-10-101, which is renumbered from Section 23-27-102 is
5210+5042renumbered and amended to read:
5211+5043 CHAPTER 10. AQUATIC INVASIVE SPECIES INTERDICTION
5212+5044 Part 1. General Provisions
5213+5045 [23-27-102]. 23A-10-101. Definitions.
5214+5046 As used in this chapter:
5215+5047 [(1) "Board" means the Wildlife Board.]
5216+5048 [(2)] (1) (a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that
5217+5049may carry or contain a Dreissena mussel. H.B. 30 12-19-22 10:31 PM
47295218 - 164 -
4730-4566consideration from the designee for the opportunity to use the depredation permit;
4731-4567 (ii) determine the legal weapons and methods of taking allowed; and
4732-4568 (iii) specify the area and season that the depredation permit is valid.
4733-4569 [(6)] (5) (a) A predator taken under Subsection [(2)] (1)(a) or [(5)] (4) remains the
4734-4570property of the state and shall be delivered to a division office or employee with 96 hours of the
4735-4571take.
4736-4572 (b) The division may issue a predatory damage permit to a person who has taken a
4737-4573depredating predator under Subsection [(2)] (1)(a) that authorizes the individual to keep the
4738-4574carcass.
4739-4575 (c) An individual who takes a predator under Subsection [(2)] (1)(a) or [(5)] (4) may
4740-4576acquire and use a limited entry permit or harvest objective permit in the same year.
4741-4577 (d) Notwithstanding Subsections [(6)] (5)(b) and (c), a person may retain no more than
4742-4578one predator carcass annually.
4743-4579 [(7)] (6) Money derived from the sale of a predator taken under this section shall be
4744-4580deposited into the Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
4745-4581 [(8)] (7) Nothing in this section prohibits the division from permitting the removal of a
4746-4582bear causing damage to cultivated crops on cleared and planted land pursuant to rule made by
4747-4583the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4748-4584Act.
4749-4585 [(9)] (8) Nothing is this section prohibits receiving compensation for livestock damage
4750-4586done by a bear, mountain lion, wolf, or eagle in accordance with Section [23-24-1] 23A-8-201.
4751-4587 Section 177. Section 23A-8-203, which is renumbered from Section 23-18-4 is
4752-4588renumbered and amended to read:
4753-4589 [23-18-4]. 23A-8-203. Beaver damage -- Authorization to kill or trap.
4754-4590 [Whenever] (1) When it is apparent that beaver are doing damage to, or are a menace
4755-4591to, private property, [any] a landowner or tenant may request authorization to kill or trap the
4756-4592beaver [so involved; and the Wildlife Board is empowered to].
4757-4593 (2) The Wildlife Board may grant [such] authorization described in Subsection (1) Enrolled Copy H.B. 30
5219+5050 (b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal
5220+5051watercraft, a container, a trailer, a live well, or a bilge area.
5221+5052 [(3)] (2) "Decontaminate" means to:
5222+5053 (a) drain and dry [all] non-treated water; and
5223+5054 (b) chemically or thermally treat in accordance with rule.
5224+5055 [(4) "Director" means the director of the division.]
5225+5056 [(5) "Division" means the Division of Wildlife Resources.]
5226+5057 [(6)] (3) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage,
5227+5058including a zebra mussel, a quagga mussel, and Conrad's false mussel.
5228+5059 [(7)] (4) "Equipment" means an article, tool, implement, or device capable of carrying
5229+5060or containing:
5230+5061 (a) water; or
5231+5062 (b) a Dreissena mussel.
5232+5063 [(8) "Executive director" means the executive director of the Department of Natural
5233+5064Resources.]
5234+5065 [(9)] (5) "Facility" means a structure that is located within or adjacent to a water body.
5235+5066 [(10)] (6) "Infested water" means a geographic region, water body, facility, or water
5236+5067supply system within or outside the state that the [board] Wildlife Board identifies in rule as
5237+5068carrying or containing a Dreissena mussel.
5238+5069 [(11)] (7) "Vessel" means the same as that term is defined in Section 73-18-2.
5239+5070 [(12)] (8) "Water body" means natural or impounded surface water, including a stream,
5240+5071river, spring, lake, reservoir, pond, wetland, tank, and fountain.
5241+5072 [(13)] (9) (a) "Water supply system" means a system that treats, conveys, or distributes
5242+5073water for irrigation, industrial, waste water treatment, or culinary use.
5243+5074 (b) "Water supply system" includes a pump, canal, ditch, or pipeline.
5244+5075 (c) "Water supply system" does not include a water body.
5245+5076 Section 196. Section 23A-10-201, which is renumbered from Section 23-27-201 is
5246+5077renumbered and amended to read:
5247+5078 Part 2. Invasive Species Prohibited
5248+5079 [23-27-201]. 23A-10-201. Invasive species prohibited -- Administrative
5249+5080inspection authorized. 12-19-22 10:31 PM H.B. 30
47585250 - 165 -
4759-4594under conditions prescribed by [it] the Wildlife Board.
4760-4595 Section 178. Section 23A-8-301, which is renumbered from Section 23-17-4 is
4761-4596renumbered and amended to read:
4762-4597 Part 3. Damage by Birds
4763-4598 [23-17-4]. 23A-8-301. Crop damage by pheasants -- Notice to division --
4764-4599Damages for destroyed crops -- Limitations -- Appraisal.
4765-4600 [Whenever pheasants are damaging]
4766-4601 (1) When pheasants damage cultivated crops on cleared and planted land, the owner of
4767-4602[such] the cultivated crops shall immediately upon discovery of [such] the damage notify the
4768-4603[Division of Wildlife Resources. This notice shall be made] division both orally and in writing.
4769-4604 (2) Upon being notified of [such] the damage to cultivated crops, the [Division of
4770-4605Wildlife Resources] division shall, as far as possible, control [such] the damage.
4771-4606 (3) When pheasants damage or destroy cultivated crops on cleared and planted land,
4772-4607the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the
4773-4608owner notifies the division of the damage within 48 hours after the damage is discovered.
4774-4609 (4) Subject to Subsection (5), the crop owner and the division shall make an appraisal
4775-4610of the damage as soon after notification as possible. If the crop owner and the division are
4776-4611unable to agree on the fair and equitable damage, they shall call upon a third party, consisting
4777-4612of one or more persons acquainted with the crops concerned and pheasants, to appraise the
4778-4613damage.
4779-4614 (5) If a provision of this section conflicts with the requirements of the federal
4780-4615Pittman-Robertson Act or the regulations issued under that act, the provisions relating to
4781-4616damage claims are void.
4782-4617 Section 179. Section 23A-8-302, which is renumbered from Section 23-17-5.1 is
4783-4618renumbered and amended to read:
4784-4619 [23-17-5.1]. 23A-8-302. Damage by turkeys.
4785-4620 [(1) As used in this section, "turkey" means a wild, free-ranging turkey and does not
4786-4621include a privately owned or domestic turkey.] H.B. 30 Enrolled Copy
5251+5081 (1) Except as authorized in this title or a [board] Wildlife Board rule or order, a person
5252+5082may not:
5253+5083 (a) possess, import, export, ship, or transport a Dreissena mussel;
5254+5084 (b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel
5255+5085in a water body, facility, or water supply system; or
5256+5086 (c) transport a conveyance or equipment that has been in an infested water within the
5257+5087previous 30 days without decontaminating the conveyance or equipment.
5258+5088 (2) [A] Except as provided in Subsection (3), a person who violates Subsection (1):
5259+5089 (a) is strictly liable;
5260+5090 (b) is guilty of an infraction; and
5261+5091 (c) shall reimburse the state for [all] the costs associated with detaining, quarantining,
5262+5092and decontaminating the conveyance or equipment.
5263+5093 (3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class
5264+5094A misdemeanor.
5265+5095 (4) A person may not proceed past or travel through an inspection station or
5266+5096administrative checkpoint, as described in Section [23-27-301] 23A-10-301, while transporting
5267+5097a conveyance during an inspection station's or administrative checkpoint's hours of operations
5268+5098without presenting the conveyance for inspection.
5269+5099 (5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
5270+5100 Section 197. Section 23A-10-202, which is renumbered from Section 23-27-202 is
5271+5101renumbered and amended to read:
5272+5102 [23-27-202]. 23A-10-202. Reporting of invasive species required.
5273+5103 (1) A person who discovers a Dreissena mussel within this state or has reason to
5274+5104believe a Dreissena mussel may exist at a specific location shall immediately report the
5275+5105discovery to the division.
5276+5106 (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
5277+5107 Section 198. Section 23A-10-301, which is renumbered from Section 23-27-301 is
5278+5108renumbered and amended to read:
5279+5109 Part 3. Enforcement
5280+5110 [23-27-301]. 23A-10-301. Division's power to prevent invasive species
5281+5111infestation. H.B. 30 12-19-22 10:31 PM
47875282 - 166 -
4788-4622 [(2)] (1) (a) If a turkey materially damages private property, the landowner or lessee of
4789-4623the property may:
4790-4624 (i) notify the division of the damage; and
4791-4625 (ii) request that the division take action to mitigate the damage.
4792-4626 (b) The landowner or lessee of the damaged property shall allow division staff
4793-4627reasonable access to the damaged property to verify and mitigate the damage.
4794-4628 [(3)] (2) (a) Within 72 hours after receiving a request for action under Subsection [(2)]
4795-4629(1)(a)(ii), the division shall investigate the damaged property and, if it appears that material
4796-4630damage by a turkey may continue, the division shall begin to:
4797-4631 (i) remove or drive off the turkeys causing the damage; or
4798-4632 (ii) implement a damage mitigation and prevention plan with the written approval of
4799-4633the landowner or lessee of the property.
4800-4634 (b) As part of a damage mitigation and prevention plan described in Subsection [(3)]
4801-4635(2)(a)(ii), the division may:
4802-4636 (i) schedule a depredation hunt;
4803-4637 (ii) issue a permit to the landowner or lessee to, during a general or special season hunt
4804-4638authorized by the Wildlife Board, take a turkey on the property;
4805-4639 (iii) allow the landowner or lessee to designate recipients who may obtain a mitigation
4806-4640permit to, during a general or special season hunt authorized by the Wildlife Board, take a
4807-4641turkey on the property;
4808-4642 (iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a
4809-4643turkey that causes damage to the property;
4810-4644 (v) capture and relocate, or allow the landowner or lessee to capture and relocate, a
4811-4645turkey that causes damage to the property; or
4812-4646 (vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise
4813-4647prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable
4814-4648for the location of the property due to local law or public safety concerns.
4815-4649 (c) If the division takes an action described in Subsection [(3)] (2)(b)(ii) or (iii), the Enrolled Copy H.B. 30
5283+5112 To eradicate and prevent the infestation of a Dreissena mussel, the division may:
5284+5113 (1) (a) establish inspection stations located at or along:
5285+5114 (i) highways, as defined in Section 72-1-102;
5286+5115 (ii) ports of entry, if the Department of Transportation authorizes the division to use the
5287+5116port of entry; and
5288+5117 (iii) publicly accessible:
5289+5118 (A) boat ramps; and
5290+5119 (B) conveyance launch sites; and
5291+5120 (b) temporarily stop, detain, and inspect a conveyance or equipment that:
5292+5121 (i) the division reasonably believes is in violation of Section [23-27-201] 23A-10-201;
5293+5122 (ii) the division reasonably believes is in violation of Section [23-27-306] 23A-10-305;
5294+5123 (iii) is stopped at an inspection station; or
5295+5124 (iv) is stopped at an administrative checkpoint;
5296+5125 (2) conduct an administrative checkpoint in accordance with Section 77-23-104;
5297+5126 (3) detain and quarantine a conveyance or equipment as provided in Section
5298+5127[23-27-302] 23A-10-302;
5299+5128 (4) order a person to decontaminate a conveyance or equipment; and
5300+5129 (5) inspect the following that may contain a Dreissena mussel:
5301+5130 (a) a water body;
5302+5131 (b) a facility; and
5303+5132 (c) a water supply system.
5304+5133 Section 199. Section 23A-10-302, which is renumbered from Section 23-27-302 is
5305+5134renumbered and amended to read:
5306+5135 [23-27-302]. 23A-10-302. Conveyance or equipment detainment or
5307+5136quarantine.
5308+5137 (1) The division, a port-of-entry agent, or a peace officer may detain or quarantine a
5309+5138conveyance or equipment if:
5310+5139 (a) the division, agent, or peace officer:
5311+5140 (i) finds the conveyance or equipment contains a Dreissena mussel; or
5312+5141 (ii) reasonably believes that the person transporting the conveyance or equipment is in
5313+5142violation of Section [23-27-201] 23A-10-201; or 12-19-22 10:31 PM H.B. 30
48165314 - 167 -
4817-4650division shall specify the number and sex of turkeys the landowner or lessee is authorized to
4818-4651take in accordance with Subsection [(3)] (2)(b)(ii) or (iii).
4819-4652 (d) If a landowner or lessee takes a turkey under Subsection [(3)] (2)(b)(ii), the division
4820-4653and the landowner or lessee shall jointly determine the number of turkeys the landowner or
4821-4654lessee may retain.
4822-4655 [(4)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4823-4656Act, the Wildlife Board may make rules necessary to administer [the provisions of] this
4824-4657section.
4825-4658 Section 180. Section 23A-8-401, which is renumbered from Section 23-16-2 is
4826-4659renumbered and amended to read:
4827-4660 Part 4. Damage by Big Game
4828-4661 [23-16-2]. 23A-8-401. Removal of big game animals doing damage.
4829-4662 The director [of the division of Wildlife Resources] may authorize the removal of big
4830-4663game animals when [they] the big game animals are doing actual damage. [Animals so
4831-4664removed shall be sold or otherwise disposed of by the Division of Wildlife Resources, and any]
4832-4665The division shall sell or otherwise dispose of a big game animal removed pursuant to this
4833-4666section and money derived from the sale of these big game animals shall be placed in the
4834-4667Wildlife Resources Account.
4835-4668 Section 181. Section 23A-8-402, which is renumbered from Section 23-16-3 is
4836-4669renumbered and amended to read:
4837-4670 [23-16-3]. 23A-8-402. Damage to cultivated crops, livestock forage, fences, or
4838-4671irrigation equipment by big game animals -- Notice to division -- Depredation mitigation
4839-4672plan.
4840-4673 (1) (a) If on private land big game animals damage cultivated crops, livestock forage,
4841-4674fences, or irrigation equipment, the landowner or lessee shall immediately, upon discovery of
4842-4675the damage, request that the division take action to alleviate the depredation problem.
4843-4676 (b) The landowner or lessee shall allow division personnel reasonable access to the
4844-4677property sustaining damage to verify and alleviate the depredation problem. H.B. 30 Enrolled Copy
5315+5143 (b) the person transporting the conveyance or equipment refuses to submit to an
5316+5144inspection authorized by Section [23-27-301] 23A-10-301.
5317+5145 (2) The detainment or quarantine authorized by Subsection (1) may continue for:
5318+5146 (a) up to five days; or
5319+5147 (b) the period of time necessary to:
5320+5148 (i) decontaminate the conveyance or equipment; and
5321+5149 (ii) ensure that a Dreissena mussel is not living on or in the conveyance or equipment.
5322+5150 Section 200. Section 23A-10-303, which is renumbered from Section 23-27-303 is
5323+5151renumbered and amended to read:
5324+5152 [23-27-303]. 23A-10-303. Closing a water body, facility, or water supply
5325+5153system.
5326+5154 (1) Except as provided by Subsection (6), if the division detects or suspects a Dreissena
5327+5155mussel is present in a water body, a facility, or a water supply system, the director or the
5328+5156director's designee may, with the concurrence of the executive director, order:
5329+5157 (a) the water body, facility, or water supply system closed to a conveyance or
5330+5158equipment;
5331+5159 (b) restricted access by a conveyance or equipment to a water body, facility, or water
5332+5160supply system; or
5333+5161 (c) a conveyance or equipment that is removed from or introduced to the water body,
5334+5162facility, or water supply system to be inspected, quarantined, or decontaminated in a manner
5335+5163and for a duration necessary to detect and prevent the infestation of a Dreissena mussel.
5336+5164 (2) If a closure authorized by Subsection (1) lasts longer than seven days, the division
5337+5165shall:
5338+5166 (a) provide a written update to the operator of the water body, facility, or water supply
5339+5167system every 10 days on the division's effort to address the Dreissena infestation; and
5340+5168 (b) post the update on the division's website.
5341+5169 (3) (a) The [board] Wildlife Board shall develop procedures to ensure proper
5342+5170notification of a state, federal, or local agency that is affected by a Dreissena mussel
5343+5171infestation.
5344+5172 (b) The notification shall include:
5345+5173 (i) the reasons for the closure, quarantine, or restriction; and H.B. 30 12-19-22 10:31 PM
48455346 - 168 -
4846-4678 (2) (a) Within 72 hours after receiving the request for action under Subsection (1)(a),
4847-4679the division shall investigate the situation, and if it appears that depredation by big game
4848-4680animals may continue, the division shall:
4849-4681 (i) remove the big game animals causing depredation; or
4850-4682 (ii) implement a depredation mitigation plan that is approved, in writing, by the
4851-4683landowner or lessee.
4852-4684 (b) A depredation mitigation plan may provide for any or all of the following:
4853-4685 (i) the scheduling of a depredation hunt;
4854-4686 (ii) issuing permits to the landowners or lessees, to take big game animals causing
4855-4687depredation during a general or special season hunt authorized by the Wildlife Board;
4856-4688 (iii) allowing landowners or lessees to designate recipients who may obtain a
4857-4689mitigation permit to take big game animals on the landowner's or lessee's land during a general
4858-4690or special season hunt authorized by the Wildlife Board; or
4859-4691 (iv) a description of how the division will assess and compensate the landowner or
4860-4692lessee under Section [23-16-4] 23A-8-405 for damage to cultivated crops, fences, or irrigation
4861-4693equipment.
4862-4694 (c) (i) The division shall specify the number and sex of the big game animals that may
4863-4695be taken pursuant to Subsections (2)(b)(ii) and (iii).
4864-4696 (ii) [Control efforts shall be directed] The division shall direct control efforts toward
4865-4697antlerless animals, if possible.
4866-4698 (d) [A] The director or the director's designee shall approve a permit issued for an
4867-4699antlered animal [shall be approved by the division director or the director's designee].
4868-4700 (e) The division and the landowner or lessee shall jointly determine the number of big
4869-4701game animals taken pursuant to Subsection (2)(b)(ii) of which the landowner or lessee may
4870-4702retain possession.
4871-4703 (f) In determining appropriate remedial action under this Subsection (2), the division
4872-4704shall consider:
4873-4705 (i) the extent of damage experienced or expected in a single growing season; and Enrolled Copy H.B. 30
5347+5174 (ii) methods for providing updated information to the agency.
5348+5175 (4) When deciding the scope, duration, level, and type of restriction or a quarantine or
5349+5176closure location, the director shall consult with the person with the jurisdiction, control, or
5350+5177management responsibility over the water body, facility, or water supply system to avoid or
5351+5178minimize disruption of economic and recreational activity.
5352+5179 (5) (a) A person that operates a water supply system shall cooperate with the division
5353+5180to implement a measure to:
5354+5181 (i) avoid infestation by a Dreissena mussel; and
5355+5182 (ii) control or eradicate a Dreissena mussel infestation that may occur in a water supply
5356+5183system.
5357+5184 (b) (i) If a Dreissena mussel is detected, the water supply system's operator, in
5358+5185cooperation with the division, shall prepare and implement a plan to control or eradicate a
5359+5186Dreissena mussel within the water supply system.
5360+5187 (ii) A plan required by Subsection (5)(b)(i) shall include a:
5361+5188 (A) method for determining the scope and extent of the infestation;
5362+5189 (B) method to control or eradicate the Dreissena mussel;
5363+5190 (C) method to decontaminate the water supply system containing the Dreissena mussel;
5364+5191 (D) systematic monitoring program to determine a change in the infestation; and
5365+5192 (E) requirement to update or revise the plan in conformity with a scientific advance in
5366+5193the method of controlling or eradicating a Dreissena mussel.
5367+5194 (6) (a) The division may not close or quarantine a water supply system if the operator
5368+5195has prepared and implemented a plan to control or eradicate a Dreissena mussel in accordance
5369+5196with Subsection (5).
5370+5197 (b) (i) The division may require the operator to update a plan.
5371+5198 (ii) If the operator fails to update or revise a plan, the division may close or quarantine
5372+5199the water supply system in accordance with this section.
5373+5200 Section 201. Section 23A-10-304, which is renumbered from Section 23-27-304 is
5374+5201renumbered and amended to read:
5375+5202 [23-27-304]. 23A-10-304. Aquatic invasive species fee.
5376+5203 (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
5377+5204aquatic invasive species fee of $20 on [each vessel in order] a vessel to launch or operate a 12-19-22 10:31 PM H.B. 30
48745378 - 169 -
4875-4706 (ii) [any] revenue the landowner derives from:
4876-4707 (A) participation in a cooperative wildlife management unit;
4877-4708 (B) use of landowner association permits;
4878-4709 (C) use of mitigation permits; and
4879-4710 (D) charging for hunter access.
4880-4711 (3) [Any] A landowner or lessee shall determine a fee for accessing the owner's or
4881-4712lessee's land [shall be determined by the landowner or lessee].
4882-4713 (4) (a) If the landowner or lessee who approved the depredation mitigation plan under
4883-4714Subsection (2)(a)(ii) subsequently determines that the plan is not acceptable, the landowner or
4884-4715lessee may revoke the landowner's or lessee's approval of the plan and again request that the
4885-4716division take action pursuant to Subsection (2)(a)(i).
4886-4717 (b) [A] The division shall consider a subsequent request for action provided under
4887-4718Subsection (4)(a) [shall be considered] to be a new request for purposes of the 72-hour time
4888-4719limit specified in Subsection (2)(a).
4889-4720 (5) (a) The division may enter into a conservation lease with the owner or lessee of
4890-4721private lands for a fee or other remuneration as compensation for depredation.
4891-4722 (b) [Any] A conservation lease entered into under this section shall provide that the
4892-4723claimant may not unreasonably restrict hunting on the land or passage through the land to
4893-4724access public lands for the purpose of hunting, if those actions are necessary to control or
4894-4725mitigate damage by big game animals.
4895-4726 Section 182. Section 23A-8-403, which is renumbered from Section 23-16-3.1 is
4896-4727renumbered and amended to read:
4897-4728 [23-16-3.1]. 23A-8-403. Landowner or lessee may kill big game animals.
4898-4729 (1) (a) A landowner or lessee may kill big game animals damaging [those] cultivated
4899-4730crops on private land if:
4900-4731 (i) it is necessary to protect cultivated crops;
4901-4732 (ii) 72 hours has expired since a request for action is given pursuant to Subsection
4902-4733[23-16-3] 23A-8-402(1)(a); H.B. 30 Enrolled Copy
5379+5205vessel in waters of this state if:
5380+5206 (i) the vessel is owned by a nonresident; and
5381+5207 (ii) the vessel would otherwise be subject to registration requirements under Section
5382+520873-18-7 if the vessel were owned by a resident of this state.
5383+5209 (b) [The provisions of] Subsection (1)(a) [do] does not apply if the vessel is owned and
5384+5210operated by a state or federal government agency and the vessel is used within the course and
5385+5211scope of the duties of the agency.
5386+5212 (c) The division shall administer and collect the fee described in Subsection (1)(a), and
5387+5213the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in
5388+5214Section [23-27-305] 23A-3-211.
5389+5215 (2) Before launching a vessel on the waters of this state, a nonresident shall pay the
5390+5216aquatic invasive species fee as described in Subsection (1), and the vessel owner shall
5391+5217successfully complete an aquatic invasive species education course offered by the division.
5392+5218 (3) (a) The division shall study options and [feasability] feasibility of implementing an
5393+5219automated system capable of scanning, photographing, and providing real-time information
5394+5220regarding a conveyance's or equipment's last:
5395+5221 (i) [last] entry into a body of water; and
5396+5222 (ii) [last] decontamination.
5397+5223 (b) The study described in Subsection (3)(a) shall evaluate the system's capability of:
5398+5224 (i) operation with or without the use or supervision of personnel;
5399+5225 (ii) operation 24 hours per day;
5400+5226 (iii) capturing a state assigned number on a vessel or conveyance as described in
5401+5227Section 73-18-6;
5402+5228 (iv) preserving photographic evidence of:
5403+5229 (A) a conveyance's state assigned bow number;
5404+5230 (B) a conveyance's or equipment's entry into a body of water, including the global
5405+5231positioning system location of where the conveyance is photographed; and
5406+5232 (C) decontamination of the conveyance or equipment;
5407+5233 (v) identifying a conveyance or equipment not owned by a resident that is entering a
5408+5234body of water in this state; and
5409+5235 (vi) collecting the fee described in Subsection (1). H.B. 30 12-19-22 10:31 PM
49035410 - 170 -
4904-4734 (iii) the landowner or lessee has provided or sent written notice of an intent to kill the
4905-4735big game animal to the nearest regional office of the division;
4906-4736 (iv) the landowner or lessee kills the big game animal within 90 days, or a longer
4907-4737period, if approved, in writing, by the division, after having requested that the division take
4908-4738action to prevent depredation under Subsection [23-16-3] 23A-8-402(1)(a); and
4909-4739 (v) the killing is not prohibited by Subsection (2)(a) or (3).
4910-4740 (b) Immediately after killing a big game animal under Subsection (1)(a), the landowner
4911-4741or lessee shall notify the division of the killing.
4912-4742 (c) The carcass of a big game animal killed under Subsection (1)(a) is the property of
4913-4743the division and the division shall dispose of the carcass.
4914-4744 (d) Money derived from the sale of big game animals killed shall be placed in the
4915-4745Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
4916-4746 (e) A landowner or lessee who kills big game animals pursuant to this section shall:
4917-4747 (i) make reasonable effort to prevent the big game animals from wasting; and
4918-4748 (ii) provide the division reasonable access to the landowner's or lessee's land to retrieve
4919-4749and dispose of the big game animals.
4920-4750 (2) (a) The [division] director may prohibit the killing of big game animals under
4921-4751Subsection (1)(a) if, within 72 hours after a landowner or lessee has requested that the division
4922-4752take action to remove depredating big game animals, the division:
4923-4753 (i) determines that the restitution value of the big game animal or animals, as
4924-4754established under Section [23-20-4.5] 23A-5-312, is more than twice the estimated value of the
4925-4755cultivated crops that have been or will be damaged or consumed within a single growing
4926-4756season;
4927-4757 (ii) determines that the prohibition is consistent with the management plan established
4928-4758under Section [23-16-7] 23A-11-301;
4929-4759 (iii) notifies the landowner or lessee of the prohibition; and
4930-4760 (iv) offers the landowner or lessee a depredation mitigation plan.
4931-4761 (b) A landowner or lessee who is offered a depredation mitigation plan may: Enrolled Copy H.B. 30
5411+5236 [(c) The division shall present a report of the study and findings described in
5412+5237Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim
5413+5238Committee before November 30, 2020.]
5414+5239 [(d)] (c) Based on the findings of the study described in this Subsection (3), the
5415+5240division shall implement a pilot program to provide the services described in this Subsection
5416+5241(3) on or before May 1, 2021.
5417+5242 (4) The [board] Wildlife Board may increase fees assessed under Subsection (1), so
5418+5243long as:
5419+5244 (a) the fee for nonresidents described in Subsection (1) is no less than the resident fee
5420+5245described in Section 73-18-26; and
5421+5246 (b) the fee is confirmed in the legislative fee schedule.
5422+5247 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5423+5248[board] Wildlife Board may make rules establishing procedures for:
5424+5249 (a) proof of payment and other methods of verifying compliance with this section;
5425+5250 (b) special requirements applicable on interstate water bodies in this state; and
5426+5251 (c) other provisions necessary for the administration of the program.
5427+5252 Section 202. Section 23A-10-305, which is renumbered from Section 23-27-306 is
5428+5253renumbered and amended to read:
5429+5254 [23-27-306]. 23A-10-305. Removal of drain plug or similar device during
5430+5255transport.
5431+5256 (1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in
5432+5257the state, a person shall:
5433+5258 (a) remove the plugs and similar devices that prevent drainage of raw water systems on
5434+5259the conveyance; and
5435+5260 (b) to the extent feasible, drain [all] the water from live wells, bilges, ballast tanks, or
5436+5261similar compartments on the conveyance.
5437+5262 (2) A person who fails to comply with Subsection (1) is guilty of a class C
5438+5263misdemeanor.
5439+5264 Section 203. Section 23A-10-401, which is renumbered from Section 23-27-401 is
5440+5265renumbered and amended to read:
5441+5266 Part 4. Administration 12-19-22 10:31 PM H.B. 30
49325442 - 171 -
4933-4762 (i) accept the plan in writing; or
4934-4763 (ii) refuse to accept the plan and appeal the plan, in writing, to the [division] director.
4935-4764 (3) After a landowner or lessee has killed a big game animal under Subsection (1)(a),
4936-4765the [division] director may prohibit [any] further killing of big game animals if:
4937-4766 (a) the division takes the actions described in Subsections (2)(a)(i) through (iv); or
4938-4767 (b) the mitigation review panel reviews and approves the depredation mitigation plan.
4939-4768 Section 183. Section 23A-8-404, which is renumbered from Section 23-16-3.2 is
4940-4769renumbered and amended to read:
4941-4770 [23-16-3.2]. 23A-8-404. Mitigation review panel.
4942-4771 (1) A mitigation review panel may be convened to review:
4943-4772 (a) a depredation mitigation plan; or
4944-4773 (b) division action under Section [23-16-4] 23A-8-405.
4945-4774 (2) Membership of the mitigation review panel shall consist of:
4946-4775 (a) the [division] director or the director's designee;
4947-4776 (b) (i) the commissioner of the Department of Agriculture and Food or the
4948-4777commissioner's designee; or
4949-4778 (ii) a representative of agricultural interests appointed by the commissioner of the
4950-4779Department of Agriculture and Food; and
4951-4780 (c) a representative of Utah State University Extension Service appointed by the Vice
4952-4781President and Dean for University Extension.
4953-4782 (3) (a) The [division] director shall convene a mitigation review panel if:
4954-4783 (i) a landowner or lessee appeals a depredation mitigation plan under Subsection
4955-4784[23-16-3.1] 23A-8-403(2)(b)(ii);
4956-4785 (ii) the [division] director requests review of a depredation mitigation plan; or
4957-4786 (iii) the division receives a petition of an aggrieved party to a final division action
4958-4787under Section [23-16-4] 23A-8-405.
4959-4788 (b) Within five business days of an appeal under Subsection [23-16-3.1]
4960-478923A-8-403(2)(b)(ii) or a division request for review, the mitigation review panel shall review H.B. 30 Enrolled Copy
5443+5267 [23-27-401]. 23A-10-401. Rulemaking authority.
5444+5268 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5445+5269[board] Wildlife Board may make rules that:
5446+5270 (1) establish the procedures and requirements for decontaminating a conveyance or
5447+5271equipment to prevent the introduction and infestation of a Dreissena mussel;
5448+5272 (2) establish the requirements necessary to provide proof that a conveyance or
5449+5273equipment is decontaminated;
5450+5274 (3) establish the notification procedures required in Section [23-27-303] 23A-10-303;
5451+5275 (4) identify the geographic area, water body, facility, or water supply system that is
5452+5276infested by Dreissena mussels;
5453+5277 (5) establish a procedure and protocol in cooperation with the Department of
5454+5278Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or
5455+5279equipment at a port-of-entry in accordance with Section [23-27-301] 23A-10-301; and
5456+5280 (6) are necessary to administer and enforce [the provisions of] this chapter.
5457+5281 Section 204. Section 23A-10-501, which is renumbered from Section 23-27-501 is
5458+5282renumbered and amended to read:
5459+5283 Part 5. Statewide Aquatic Invasive Species Emergency Response Plan
5460+5284 [23-27-501]. 23A-10-501. Aquatic invasive species emergency response
5461+5285plan.
5462+5286 (1) As used in this section:
5463+5287 (a) "Committee" means the Natural Resources, Agriculture, and Environment Interim
5464+5288Committee.
5465+5289 (b) "Emergency response plan" means the statewide aquatic invasive species
5466+5290emergency response plan developed by the division in accordance with this part.
5467+5291 (2) The division shall develop a statewide aquatic invasive species emergency response
5468+5292plan to address the potential spread of aquatic invasive species throughout the state.
5469+5293 (3) In developing the emergency response plan, the division shall coordinate with
5470+5294public and private entities that may be necessary or helpful to remediating the potential spread
5471+5295of aquatic invasive species throughout the state.
5472+5296 (4) The emergency response plan shall:
5473+5297 (a) designate the division as the entity that [will coordinate] coordinates the H.B. 30 12-19-22 10:31 PM
49615474 - 172 -
4962-4790the depredation mitigation plan and approve or modify the plan.
4963-4791 (c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii)
4964-4792in accordance with rules made by the Wildlife Board under Subsection [23-16-4]
4965-479323A-8-405(6).
4966-4794 (4) Judicial review of a mitigation review panel action under this section is governed
4967-4795by Title 63G, Chapter 4, Administrative Procedures Act.
4968-4796 Section 184. Section 23A-8-405, which is renumbered from Section 23-16-4 is
4969-4797renumbered and amended to read:
4970-4798 [23-16-4]. 23A-8-405. Compensation for damage to crops, fences, or irrigation
4971-4799equipment -- Limitations -- Appeals.
4972-4800 (1) The division may provide compensation to claimants for damage caused by big
4973-4801game animals to:
4974-4802 (a) cultivated crops on private land;
4975-4803 (b) fences on private land; or
4976-4804 (c) irrigation equipment on private land.
4977-4805 (2) To be eligible to receive compensation as provided in this section, the claimant
4978-4806shall:
4979-4807 (a) notify the division of the damage within 72 hours after the damage is discovered;
4980-4808and
4981-4809 (b) allow division personnel reasonable access to the property to verify and alleviate
4982-4810the depredation problem.
4983-4811 (3) (a) The [appraisal of the damage shall be made by the] claimant and the division
4984-4812shall make an appraisal of the damage as soon after notification as possible.
4985-4813 (b) In determining damage payment, the division and claimant shall consider:
4986-4814 (i) the extent of damage experienced; and
4987-4815 (ii) [any] revenue the landowner derives from:
4988-4816 (A) participation in a cooperative wildlife management unit;
4989-4817 (B) use of landowner association permits; Enrolled Copy H.B. 30
5475+5298implementation of the emergency response plan;
5476+5299 (b) provide for annual review of the emergency response plan by the division;
5477+5300 (c) provide that the emergency response plan may only be implemented if the division
5478+5301detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water
5479+5302supply system within the state; and
5480+5303 (d) define what constitutes a detection of aquatic invasive species at a water body,
5481+5304facility, or water supply system.
5482+5305 [(5) On or before August 1, 2021, the division shall submit to the committee the
5483+5306following:]
5484+5307 [(a) the emergency response plan;]
5485+5308 [(b) proposed legislation that may be necessary to effectuate the emergency response
5486+5309plan or to increase the effectiveness of the emergency response plan; and]
5487+5310 [(c) an analysis and estimate of the cost to implement the emergency response plan.]
5488+5311 [(6) After receiving the items described in Subsection (5), the committee may:]
5489+5312 [(a) recommend to the Legislature that the plan be implemented;]
5490+5313 [(b) return the plan to the division for further study and evaluation;]
5491+5314 [(c) draft legislation proposed or requested by the division; or]
5492+5315 [(d) take action to further the funding of the emergency response plan.]
5493+5316 [(7)] (5) If an event requires the implementation of the emergency response plan, the
5494+5317division shall report on that event and the implementation of the emergency response plan to
5495+5318the committee.
5496+5319 Section 205. Section 23A-11-101, which is renumbered from Section 23-16-1.1 is
5497+5320renumbered and amended to read:
5498+5321 CHAPTER 11. BIG GAME
5499+5322 Part 1. General Provisions
5500+5323 [23-16-1.1]. 23A-11-101. Definitions.
5501+5324 As used in this chapter:
5502+5325 [(1) "72 hours" means a time period that begins with the hour a request for action is
5503+5326made pursuant to Section 23-16-3 and ends 72 hours later with the exclusion of any hour that
5504+5327occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
5505+532863G-1-301.] 12-19-22 10:31 PM H.B. 30
49905506 - 173 -
4991-4818 (C) use of mitigation permits; and
4992-4819 (D) charging for hunter access.
4993-4820 (c) The division and claimant may not include speculative damages or claims of future
4994-4821value in an appraisal or damage payment beyond the growing season when the damage
4995-4822occurred under this section.
4996-4823 (d) In determining how to assess and compensate for damages to cultivated crops, the
4997-4824[division's determination shall be based] division shall base the division's determination on the:
4998-4825 (i) estimated number of big game animals that damaged or consumed cultivated crops;
4999-4826 (ii) estimated quantity of cultivated crops damaged or consumed by big game animals;
5000-4827 (iii) local market value of the cultivated crops that actually have been or will be
5001-4828damaged or consumed by big game animals;
5002-4829 (iv) replacement value of an equivalent aged tree for perennial orchard trees; and
5003-4830 (v) other documented costs directly incurred by the landowner or lessee because of
5004-4831damage to cultivated crops by big game animals.
5005-4832 (e) If the claimant and the division are unable to agree on a fair and equitable damage
5006-4833payment, the claimant and division shall designate a third party, consisting of one or more
5007-4834persons familiar with the crops, fences, or irrigation equipment and the type of big game
5008-4835animals doing the damage, to appraise the damage.
5009-4836 (4) (a) The total amount of compensation that may be provided by the division pursuant
5010-4837to this section and the total cost of fencing materials provided by the division to prevent crop
5011-4838damage may not exceed the legislative appropriation for fencing material and compensation for
5012-4839damaged crops, fences, and irrigation equipment.
5013-4840 (b) (i) A claim of $1,000 or less may be paid after appraisal of the damage as provided
5014-4841in Subsection (3), unless the claim brings the total amount of claims submitted by the claimant
5015-4842in the fiscal year to an amount in excess of $1,000.
5016-4843 (ii) A claim for damage to irrigation equipment may be paid after appraisal of the
5017-4844damage as provided in Subsection (3).
5018-4845 (c) (i) A claim in excess of $1,000, or claim that brings the total amount of claims H.B. 30 Enrolled Copy
5507+5329 (1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5508+5330and bison.
5509+5331 (2) "Cultivated crops" means:
5510+5332 (a) annual or perennial crops harvested from or on cleared and planted land;
5511+5333 (b) perennial orchard trees on cleared and planted land;
5512+5334 (c) crop residues that have forage value for livestock; and
5513+5335 (d) pastures.
5514+5336 [(3) "Depredation mitigation plan" means the plan described in Subsection 23-16-3(2).]
5515+5337 [(4) "Growing season" means the portion of a year in which local conditions permit
5516+5338normal plant growth.]
5517+5339 [(5)] (3) "Management unit" means a prescribed area of contiguous land designated by
5518+5340the division for the purpose of managing a species of big game animal.
5519+5341 (4) "Predator" means a cougar, bear, or coyote.
5520+5342 [(6) "Mitigation review panel" means the panel created under Section 23-16-3.2.]
5521+5343 Section 206. Section 23A-11-201, which is renumbered from Section 23-16-5 is
5522+5344renumbered and amended to read:
5523+5345 Part 2. Limits on Hunting
5524+5346 [23-16-5]. 23A-11-201. Limit of one of species of big game during license year
5525+5347-- Invalid and forfeited permit or tag.
5526+5348 (1) A person may take only one of [any] a species of big game during a license year,
5527+5349regardless of how many licenses or permits the person obtains, except as otherwise provided by
5528+5350this title or [proclamations] a proclamation of the Wildlife Board.
5529+5351 (2) (a) If a person kills a big game animal in violation of this title, while attempting to
5530+5352exercise the benefits of a big game permit or big game tag, the big game permit or big game tag
5531+5353is invalid and the person shall forfeit the big game permit or big game tag to the division.
5532+5354 (b) This Subsection (2) does not apply if:
5533+5355 (i) a citation is issued for a rule violation described in Subsection (2)(a); or
5534+5356 (ii) a warning citation for a violation described in Subsection (2)(a) is issued.
5535+5357 (3) The division may grant a season extension to a valid, unfilled big game permit
5536+5358opportunity that was invalidated and forfeited under Subsection (2) if:
5537+5359 (a) the criminal charges associated with the big game permit forfeiture are dismissed, H.B. 30 12-19-22 10:31 PM
50195538 - 174 -
5020-4846submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
5021-4847as follows:
5022-4848 (A) $1,000 may be paid pursuant to the conditions of this section; and
5023-4849 (B) the amount in excess of $1,000 may not be paid until the total amount of the
5024-4850approved claims of all the claimants and expenses for fencing materials for the fiscal year are
5025-4851determined.
5026-4852 (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
5027-4853Subsection (4)(a), claims in excess of $1,000, or a claim that brings the total amount of a
5028-4854claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
5029-4855 (5) The division may deny or limit compensation if the claimant:
5030-4856 (a) fails to exercise reasonable care and diligence to avoid the loss or minimize the
5031-4857damage;
5032-4858 (b) fails to provide the division reasonable access to the property;
5033-4859 (c) fails to allow the division to use reasonable mitigation tools to alleviate the damage;
5034-4860 (d) unreasonably restricts hunting on land under the claimant's control or passage
5035-4861through the land to access public lands for the purpose of hunting, after receiving written
5036-4862notification from the division of the necessity of allowing the hunting or access to control or
5037-4863mitigate damage by big game animals; or
5038-4864 (e) fails to provide supporting evidence of cultivated crop values and claimed costs to
5039-4865the division during the damage appraisal process.
5040-4866 (6) (a) The Wildlife Board shall make rules, in accordance with Title 63G, Chapter 3,
5041-4867Utah Administrative Rulemaking Act, and consistent with Subsection (6)(d), specifying
5042-4868procedures for the appeal of division actions under this section.
5043-4869 (b) Upon the petition of an aggrieved party to a final division action, a mitigation
5044-4870review panel may review the action on the record and issue an order modifying or rescinding
5045-4871the division action.
5046-4872 (c) A mitigation review panel may appoint a third party designated under Subsection
5047-4873(3)(e) for purposes of taking evidence and making recommendations for an order of the Enrolled Copy H.B. 30
5539+5360with prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
5540+5361 (b) the person issued the big game permit that is forfeited requests the division in
5541+5362writing within 60 days of a final action dismissing or acquitting that person of the criminal
5542+5363charges that led to the big game permit forfeiture;
5543+5364 (c) the season extension is granted for the same species and sex, hunt unit, and season
5544+5365dates associated with the forfeited big game permit, as established by the Wildlife Board in the
5545+5366hunt year of the extension; and
5546+5367 (d) the extension occurs in the first season immediately following dismissal of or
5547+5368acquittal on the criminal charges described in Subsection (3)(a).
5548+5369 Section 207. Section 23A-11-202, which is renumbered from Section 23-16-6 is
5549+5370renumbered and amended to read:
5550+5371 [23-16-6]. 23A-11-202. Commencement date of general rifle deer season.
5551+5372 The general rifle deer season may not commence each year before October 1.
5552+5373 Section 208. Section 23A-11-203, which is renumbered from Section 23-16-11 is
5553+5374renumbered and amended to read:
5554+5375 [23-16-11]. 23A-11-203. Big game baiting prohibited.
5555+5376 (1) As used in this section:
5556+5377 (a) (i) "Bait" means intentionally placing food or nutrient substances to manipulate the
5557+5378behavior of wildlife for the purpose of taking or attempting to take big game.
5558+5379 (ii) "Bait" does not include:
5559+5380 (A) the use of salt, mineral blocks, or other commonly used types of livestock
5560+5381supplements placed in the field by agricultural producers for normal agricultural purposes; or
5561+5382 (B) standing crops, natural vegetation, harvested croplands, or lands or areas where
5562+5383seeds or grains have been scattered solely as the result of a normal agricultural planting,
5563+5384harvesting, post-harvest manipulation, or normal soil stabilization practice.
5564+5385 (b) "Baited area" means [all] land within a 50-yard radius of the site where bait is
5565+5386placed, including the site where bait is placed.
5566+5387 (2) Unless authorized by a certificate of registration, [it is unlawful to] a person may
5567+5388not:
5568+5389 (a) bait big game;
5569+5390 (b) take big game in a baited area; or 12-19-22 10:31 PM H.B. 30
50485570 - 175 -
5049-4874mitigation review panel. The mitigation review panel shall consider the recommendations of
5050-4875the designated third party in making decisions.
5051-4876 (d) A mitigation review panel's review of final agency action and judicial review of
5052-4877final action by a mitigation review panel is governed by Title 63G, Chapter 4, Administrative
5053-4878Procedures Act.
5054-4879 Section 185. Section 23A-9-101 is enacted to read:
5055-4880 CHAPTER 9. AQUATIC WILDLIFE
5056-4881 Part 1. General Provisions
5057-4882 23A-9-101. Definitions.
5058-4883 Reserved.
5059-4884 Section 186. Section 23A-9-201, which is renumbered from Section 23-15-4 is
5060-4885renumbered and amended to read:
5061-4886 Part 2. Operations
5062-4887 [23-15-4]. 23A-9-201. Screens or other devices required -- Failure to install
5063-4888after notice a misdemeanor.
5064-4889 [It is unlawful for any person, company or corporation to take any]
5065-4890 (1) A person may not take water from the state streams, lakes, or reservoirs for power
5066-4891purposes, or for waterworks, without first furnishing and maintaining suitable screens or other
5067-4892devices to prevent fish from entering [such] the power plants, millraces, or waterworks
5068-4893system[; said].
5069-4894 (2) A screen or other [devices] device is to be built and maintained under the direction
5070-4895of the [board] Wildlife Board and at the expense of [said] the owner or [operators . The failure
5071-4896of any person, firm or corporation] operator.
5072-4897 (3) A person who fails to install a screen or device within 30 days after the Wildlife
5073-4898Board gives notice in writing [so to do has been given by the board is] to install the screen or
5074-4899device is guilty of a class B misdemeanor.
5075-4900 Section 187. Section 23A-9-202, which is renumbered from Section 23-15-5 is
5076-4901renumbered and amended to read: H.B. 30 Enrolled Copy
5571+5391 (c) take big game that has been lured to or is traveling from a baited area.
5572+5392 (3) The division may only issue a certificate of registration to allow for the baiting of
5573+5393big game if the division determines that baiting is necessary to:
5574+5394 (a) alleviate substantial big game depredation on cultivated crops [or to]; or
5575+5395 (b) facilitate the removal of deer causing property damage within cities or towns.
5576+5396 Section 209. Section 23A-11-204, which is renumbered from Section 23-20-33 is
5577+5397renumbered and amended to read:
5578+5398 [23-20-33]. 23A-11-204. Limitation on compensating people to locate big game
5579+5399animals.
5580+5400 (1) As used in this section:
5581+5401 (a) "Compensate" or "compensated" means anything of value in excess of $25 that is
5582+5402paid, loaned, given, granted, donated, or transferred to a person for or in consideration of
5583+5403locating or monitoring the location of big game animals.
5584+5404 (b) "Retain" or "retained" means a written or oral agreement for the delivery of
5585+5405outfitting services or hunting guide services between an outfitter or hunting guide and the
5586+5406recipient of those services.
5587+5407 (2) Except as provided in Subsections (3) and (4), a person may not compensate
5588+5408another person to locate or monitor the location of big game animals on public land in
5589+5409connection with or furtherance of taking a big game animal under this title.
5590+5410 (3) A person may compensate a registered outfitter or hunting guide[, as defined in
5591+5411Section 58-79-102,] to help the person locate and take a big game animal on public land if:
5592+5412 (a) the outfitter or hunting guide is registered and in good standing under Title 58,
5593+5413Chapter 79, Hunting Guides and Outfitters Registration Act;
5594+5414 (b) the person has retained the outfitter or hunting guide and is the recipient of the
5595+5415outfitting services and hunting guide services, as defined in Section 58-79-102;
5596+5416 (c) the person possesses the licenses and permits required to take a big game animal;
5597+5417 (d) the person retains and uses not more than one outfitter or hunting guide in
5598+5418connection with taking a big game animal; and
5599+5419 (e) the retained outfitter or hunting guide uses no more than one compensated
5600+5420individual in locating or monitoring the location of big game animals on public land.
5601+5421 (4) A registered outfitter or registered hunting guide in good standing may compensate H.B. 30 12-19-22 10:31 PM
50775602 - 176 -
5078-4902 [23-15-5]. 23A-9-202. Notice of intention to drain or divert waterway.
5079-4903 (1) [Any person, company or corporation] A person owning or controlling [any] an
5080-4904irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into [any] a state
5081-4905waterway containing protected aquatic wildlife [who shall desire] shall provide the notice
5082-4906described in Subsection (2) if the person:
5083-4907 (a) desires to drain [any such waterway, or who shall intend] the waterway; or
5084-4908 (b) intends to divert sufficient water from [any] a state waterway endangering the
5085-4909protected aquatic wildlife [therein,] in the state waterway.
5086-4910 (2) If the conditions described in Subsection (1) are met, the person shall give five
5087-4911days' written notice to the [Division of Wildlife Resources prior to] division before the
5088-4912diversion except that under emergency conditions the person shall give reasonable notice [shall
5089-4913be given].
5090-4914 Section 188. Section 23A-9-203, which is renumbered from Section 23-15-10 is
5091-4915renumbered and amended to read:
5092-4916 [23-15-10]. 23A-9-203. Private fish pond.
5093-4917 (1) A private fish pond is not required to obtain a certificate of registration from the
5094-4918division to receive fish from an aquaculture facility if:
5095-4919 (a) the pond is properly screened as provided in Subsection (3)(c); and
5096-4920 (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
5097-4921Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5098-4922 (2) (a) Except as provided in Subsection (2)(b), a private fish pond or a short-term
5099-4923fishing event may not be developed or held on:
5100-4924 (i) a natural lake;
5101-4925 (ii) a natural flowing stream; or
5102-4926 (iii) a reservoir constructed on a natural stream channel.
5103-4927 (b) The division may authorize a private fish pond on a natural lake or reservoir
5104-4928constructed on a natural stream channel upon inspecting and determining:
5105-4929 (i) the pond and inlet source of the pond neither contain wild game fish nor are likely Enrolled Copy H.B. 30
5603+5422another person to locate or monitor the location of big game animals on public land if:
5604+5423 (a) the outfitter or hunting guide has been retained by the recipient of the outfitting
5605+5424services or hunting guide services to assist the recipient take a big game animal on public land;
5606+5425 (b) the recipient possesses the licenses and permits required to take a big game animal;
5607+5426 (c) the recipient is not simultaneously using another outfitter or hunting guide to assist
5608+5427in taking the same species and sex of big game animal; and
5609+5428 (d) the outfitter or hunting guide compensates not more than one other individual to
5610+5429locate or monitor the location of big game animals in connection with assisting the recipient
5611+5430take a big game animal on public land.
5612+5431 (5) A violation of:
5613+5432 (a) this section constitutes an unlawful take under Section [23-20-3] 23A-5-309; and
5614+5433 (b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502,
5615+5434and 58-79-501.
5616+5435 Section 210. Section 23A-11-205, which is renumbered from Section 23-20-31 is
5617+5436renumbered and amended to read:
5618+5437 [23-20-31]. 23A-11-205. Requirement to wear hunter orange -- Exceptions.
5619+5438 (1) As used in this section:
5620+5439 (a) (i) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire rifle,
5621+5440except as provided in Subsection (1)(a)(ii).
5622+5441 (ii) "Centerfire rifle hunt" does not include:
5623+5442 (A) a bighorn sheep hunt;
5624+5443 (B) a mountain goat hunt;
5625+5444 (C) a bison hunt;
5626+5445 (D) a moose hunt;
5627+5446 (E) a hunt requiring the hunter to possess a statewide conservation permit; or
5628+5447 (F) a hunt requiring the hunter to possess a statewide sportsman permit.
5629+5448 (b) "Statewide conservation permit" means a permit:
5630+5449 (i) issued by the division;
5631+5450 (ii) distributed through a nonprofit organization founded for the purpose of promoting
5632+5451wildlife conservation; and
5633+5452 (iii) valid: 12-19-22 10:31 PM H.B. 30
51065634 - 177 -
5107-4930to support [such species] wild game fish in the future;
5108-4931 (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
5109-4932wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
5110-4933 (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
5111-4934compliance with the requirements of this title, rules of the Wildlife Board, and applicable law;
5112-4935and
5113-4936 (iv) the pond is not vulnerable to flood or high water events capable of compromising
5114-4937the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
5115-4938state.
5116-4939 (c) [Any] An authorization issued by the division under Subsection (2)(b) shall be in
5117-4940the form of a certificate of registration.
5118-4941 (3) A person who owns or operates a private fish pond may receive a fish from an
5119-4942aquaculture facility if:
5120-4943 (a) the aquaculture facility has a health approval number required by Section 4-37-501;
5121-4944 (b) the species, strain, and reproductive capability of the fish is authorized by the
5122-4945Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish
5123-4946pond is located;
5124-4947 (c) the private fish pond is screened in accordance with the Wildlife Board's rule, made
5125-4948in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prevent the
5126-4949fish from moving into or out of the private fish pond;
5127-4950 (d) the fish is not:
5128-4951 (i) released from the private fish pond; or
5129-4952 (ii) transported live to another location; and
5130-4953 (e) the person provides the aquaculture facility with a signed statement that the private
5131-4954fish pond is in compliance with this section.
5132-4955 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5133-4956Wildlife Board may make rules that:
5134-4957 (a) specify the screen requirements to prevent the movement of fish into or out of the H.B. 30 Enrolled Copy
5635+5453 (A) on open hunting units statewide; and
5636+5454 (B) for the species of big game and time period designated by the Wildlife Board.
5637+5455 (c) "Statewide sportsman permit" means a permit:
5638+5456 (i) issued by the division through a public draw; and
5639+5457 (ii) valid:
5640+5458 (A) on open hunting units statewide; and
5641+5459 (B) for the species of big game and time period designated by the Wildlife Board.
5642+5460 (2) (a) A person shall wear a minimum of 400 square inches of hunter orange material
5643+5461while hunting [any] a species of big game, except as provided in Subsection (3).
5644+5462 (b) [Hunter] A person shall wear hunter orange material [shall be worn] on the head,
5645+5463chest, and back.
5646+5464 (3) A person is not required to wear the hunter orange material described in Subsection
5647+5465(2):
5648+5466 (a) during the following types of hunts, unless a centerfire rifle hunt is in progress in
5649+5467the same area:
5650+5468 (i) archery;
5651+5469 (ii) muzzle-loader;
5652+5470 (iii) mountain goat;
5653+5471 (iv) bighorn sheep;
5654+5472 (v) bison; or
5655+5473 (vi) moose; or
5656+5474 (b) as provided by a rule of the Wildlife Board made in accordance with Title 63G,
5657+5475Chapter 3, Utah Administrative Rulemaking Act.
5658+5476 Section 211. Section 23A-11-301, which is renumbered from Section 23-16-7 is
5659+5477renumbered and amended to read:
5660+5478 Part 3. Management
5661+5479 [23-16-7]. 23A-11-301. Deer and elk management plans -- Division to confer
5662+5480with others -- Target herd size objectives -- Reports.
5663+5481 (1) The [Division of Wildlife Resources] division shall:
5664+5482 (a) prepare a management plan for each deer and elk herd unit in the state; and
5665+5483 (b) submit the plans to the Wildlife Board for [their] the Wildlife Board's approval. H.B. 30 12-19-22 10:31 PM
51355666 - 178 -
5136-4958private fish pond;
5137-4959 (b) specify the fish species that may not be stocked in a private fish pond located in the
5138-4960state;
5139-4961 (c) establish a location or region where a specified species, strain, and reproductive
5140-4962capability of fish may be stocked in a private fish pond; and
5141-4963 (d) specify procedures and requirements for authorizing development of a private fish
5142-4964pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
5143-4965reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
5144-4966 (5) The division may inspect a private fish pond to verify compliance with this section
5145-4967and rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah
5146-4968Administrative Rulemaking Act.
5147-4969 Section 189. Section 23A-9-204, which is renumbered from Section 23-15-13 is
5148-4970renumbered and amended to read:
5149-4971 [23-15-13]. 23A-9-204. Operation of aquaculture and fee fishing facilities.
5150-4972 A person may engage in the following activities as provided by Title 4, Chapter 37,
5151-4973Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and
5152-4974Food and Wildlife Board:
5153-4975 (1) acquisition, importation, or possession of aquatic animals intended for use in an
5154-4976aquaculture or fee fishing facility;
5155-4977 (2) transportation of aquatic animals to or from an aquaculture facility or to a fee
5156-4978fishing facility;
5157-4979 (3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility;
5158-4980and
5159-4981 (4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing
5160-4982facility.
5161-4983 Section 190. Section 23A-9-301, which is renumbered from Section 23-15-3 is
5162-4984renumbered and amended to read:
5163-4985 Part 3. Prohibitions Enrolled Copy H.B. 30
5667+5484 (2) Upon approval of a plan by the Wildlife Board, the division shall manage the herd
5668+5485unit [shall be managed] in accordance with the management plan.
5669+5486 (3) In preparing [the plans] a management plan, the division shall confer with federal
5670+5487and state land managers, private landowners, sportsmen, and ranchers.
5671+5488 (4) (a) [Each] A management plan shall establish target herd size objectives.
5672+5489 (b) In establishing target herd size objectives, the division and [board] Wildlife Board
5673+5490shall among other factors:
5674+5491 (i) consider available information on each unit's range carrying capacity and
5675+5492ownership; and
5676+5493 (ii) seek to balance relevant multiple uses for the range.
5677+5494 (5) Until a management plan for a herd unit is prepared in accordance with this section
5678+5495and approved by the [board] Wildlife Board, the division shall manage the herd unit [shall be
5679+5496managed] to maintain the herd size as range conditions and available data dictate.
5680+5497 [(6) (a) Management plans shall be prepared by the division and approved by the board
5681+5498by the following dates:]
5682+5499 [(i) May 1, 1994 for elk; and]
5683+5500 [(ii) May 1, 1996 for deer.]
5684+5501 [(b) The division shall make:]
5685+5502 [(i) an annual progress report on the management plans to the Energy, Natural
5686+5503Resources and Agriculture Interim Committee until the plans are completed; and]
5687+5504 [(ii) a final report to the committee:]
5688+5505 [(A) at the committee's May 1994 meeting for elk; and]
5689+5506 [(B) at the committee's May 1996 meeting for deer.]
5690+5507 [(7) The management plans may be revised as the division or board determines
5691+5508necessary. Any]
5692+5509 (6) The division or Wildlife Board may revise a management plan as the division or
5693+5510Wildlife Board determines necessary. A revised plan shall be prepared in accordance with
5694+5511Subsections (3) and (4).
5695+5512 Section 212. Section 23A-11-302, which is renumbered from Section 23-16-10 is
5696+5513renumbered and amended to read:
5697+5514 [23-16-10]. 23A-11-302. Big game protection -- Director authority. 12-19-22 10:31 PM H.B. 30
51645698 - 179 -
5165-4986 [23-15-3]. 23A-9-301. Diversion of water prohibited -- Exception for flood
5166-4987control.
5167-4988 [Except in anticipation of and to provide for the carrying away and the safe disposal of
5168-4989natural storm and flood waters, no person may,]
5169-4990 (1) Except as provided in Subsection (2), a person may not, without existing rights,
5170-4991divert so much water from [any] a natural stream, lake, pond, or natural lake or pond, the
5171-4992natural storage content of which has been increased by the construction of a dam, that the
5172-4993diversion unduly endangers protected aquatic wildlife.
5173-4994 (2) A person may divert waters in a manner that would otherwise violate Subsection
5174-4995(1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm
5175-4996and flood waters.
5176-4997 Section 191. Section 23A-9-302, which is renumbered from Section 23-15-6 is
5177-4998renumbered and amended to read:
5178-4999 [23-15-6]. 23A-9-302. Pollution of waters unlawful.
5179-5000 [It is unlawful for any person to pollute any waters deemed necessary by]
5180-5001 (1) A person may not pollute waters:
5181-5002 (a) the Wildlife Board considers necessary for wildlife purposes [or any waters]; or
5182-5003 (b) containing protected aquatic wildlife and stoneflies (Plecoptera), mayflies
5183-5004(Ephemoptera), dragonflies and damsel flies (Odonata), water bugs (Hemiptera), caddis flies
5184-5005(Trichoptera), spongilla flies (Neuroptera), and crustaceans. [Provided further that each]
5185-5006 (2) Each day of pollution [shall constitute] constitutes a separate offense.
5186-5007 Section 192. Section 23A-9-303, which is renumbered from Section 23-15-7 is
5187-5008renumbered and amended to read:
5188-5009 [23-15-7]. 23A-9-303. Taking protected aquatic wildlife or eggs unlawful
5189-5010except as authorized.
5190-5011 [It is unlawful for any person to take any] A person may not take protected aquatic
5191-5012wildlife or eggs of [same in any of] aquatic wildlife in the waters of this state, except as
5192-5013provided by this [code] title or the rules [and regulations] of the Wildlife Board made in H.B. 30 Enrolled Copy
5699+5515 (1) It is the policy of the state that big game animals are of great importance to the
5700+5516citizens of the state, the citizen's quality of life, and the long term sustainability of the herds for
5701+5517future generations.
5702+5518 [(2) As used in this section:]
5703+5519 [(a) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5704+5520and bison.]
5705+5521 [(b) "Director" means the director of the Division of Wildlife Resources.]
5706+5522 [(c) "Management unit" means a prescribed area of contiguous land designated by the
5707+5523Division of Wildlife Resources for the purpose of managing a species of big game animal.]
5708+5524 [(d) "Predator" means a cougar, bear, and coyote.]
5709+5525 [(3)] (2) (a) Unless the condition described in Subsection [(3)] (2)(b) is determined, the
5710+5526director shall take immediate action to reduce the number of predators within a management
5711+5527unit when the big game population is under the established herd size objective for that
5712+5528management unit.
5713+5529 (b) Subsection [(3)] (2)(a) does not apply if the [Division of Wildlife Resources]
5714+5530division determines that predators are not significantly contributing to the big game population
5715+5531being under the herd size objective for the management unit.
5716+5532 [(4)] (3) Immediate action under Subsection [(3)] (2) includes any of the following
5717+5533management tools:
5718+5534 (a) increasing take permits or tags for cougar and bear until the herd size objective is
5719+5535met;
5720+5536 (b) allowing big game hunters to harvest predators with the appropriate permit during a
5721+5537big game hunting season, including issuing over-the-counter predator permits;
5722+5538 (c) professional trapping and predator control by the United States Department of
5723+5539Agriculture Wildlife Services, private contracts, and the general public, including aerial control
5724+5540measures; and
5725+5541 (d) other management tools as determined by the director.
5726+5542 [(5)] (4) The director shall annually give a status report on predator control measures
5727+5543implemented pursuant to this chapter and Chapter 8, Part 4, Damage by Big Game, to the
5728+5544Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee and
5729+5545Natural Resources, Agriculture, and Environment Interim Committee. H.B. 30 12-19-22 10:31 PM
51935730 - 180 -
5194-5014accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5195-5015 Section 193. Section 23A-9-304, which is renumbered from Section 23-15-8 is
5196-5016renumbered and amended to read:
5197-5017 [23-15-8]. 23A-9-304. Seining or selling aquatic wildlife unlawful except as
5198-5018authorized.
5199-5019 [It is unlawful for any person to] Except as prescribed by this title or rules of the
5200-5020Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Procedures
5201-5021Act, a person may not seine:
5202-5022 (1) for any kind of protected aquatic wildlife in [any of] the waters of this state; or
5203-5023 (2) to sell protected aquatic wildlife [except as prescribed by this title or rules of the
5204-5024Wildlife Board].
5205-5025 Section 194. Section 23A-9-305, which is renumbered from Section 23-15-9 is
5206-5026renumbered and amended to read:
5207-5027 [23-15-9]. 23A-9-305. Possession or transportation of live aquatic wildlife
5208-5028unlawful except as authorized -- Exceptions.
5209-5029 (1) [It is unlawful for any person to] A person may not possess or transport live
5210-5030protected aquatic wildlife except as provided by this [code] title or the rules [and regulations]
5211-5031of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative
5212-5032Rulemaking Act.
5213-5033 (2) This section does not apply to tropical and goldfish species intended for exhibition
5214-5034or commercial purposes. [Operators]
5215-5035 (3) An operator of a properly registered private fish pond may transport live aquatic
5216-5036wildlife specified by the Wildlife Board in the operator's certificate of registration.
5217-5037 Section 195. Section 23A-10-101, which is renumbered from Section 23-27-102 is
5218-5038renumbered and amended to read:
5219-5039 CHAPTER 10. AQUATIC INVASIVE SPECIES INTERDICTION
5220-5040 Part 1. General Provisions
5221-5041 [23-27-102]. 23A-10-101. Definitions. Enrolled Copy H.B. 30
5731+5546 Section 213. Section 23A-11-401, which is renumbered from Section 23-30-102 is
5732+5547renumbered and amended to read:
5733+5548 Part 4. Mule Deer Protection
5734+5549 [23-30-102]. 23A-11-401. Definitions.
5735+5550 As used in this [chapter] part:
5736+5551 (1) "General predator control" means a predatory animal removal effort by the division
5737+5552to reduce predatory animal numbers for the benefit of mule deer.
5738+5553 (2) ["Predatory] Notwithstanding Section 23A-8-101, "predatory animal" means a
5739+5554coyote.
5740+5555 (3) "Targeted predator control" means a predatory animal removal effort by the
5741+5556division:
5742+5557 (a) to reduce predatory animal numbers in an area where mule deer predation occurs;
5743+5558and
5744+5559 (b) that focuses on specific locations and certain times.
5745+5560 Section 214. Section 23A-11-402, which is renumbered from Section 23-30-104 is
5746+5561renumbered and amended to read:
5747+5562 [23-30-104]. 23A-11-402. Rulemaking authority, coordination, and
5748+5563administration for predator control.
5749+5564 (1) The [division] Wildlife Board may make rules, in accordance with Title 63G,
5750+5565Chapter 3, Utah Administrative Rulemaking Act, to establish programs to accomplish targeted
5751+5566predator control or general predator control, including programs that offer incentives or
5752+5567compensation to participants who remove a predatory animal that is detrimental to mule deer
5753+5568production.
5754+5569 (2) The division shall:
5755+5570 (a) administer a program established under Subsection (1);
5756+5571 (b) coordinate with federal, state, and local governments, and private persons to
5757+5572accomplish the purposes of this [chapter] part; and
5758+5573 (c) coordinate with the Department of Agriculture and Food and the Agriculture and
5759+5574Wildlife Damage Prevention Board created in Section 4-23-104 to:
5760+5575 (i) minimize unnecessary duplication of predator control efforts; and
5761+5576 (ii) prevent interference between predator control programs administered under Title 4, 12-19-22 10:31 PM H.B. 30
52225762 - 181 -
5223-5042 As used in this chapter:
5224-5043 [(1) "Board" means the Wildlife Board.]
5225-5044 [(2)] (1) (a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that
5226-5045may carry or contain a Dreissena mussel.
5227-5046 (b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal
5228-5047watercraft, a container, a trailer, a live well, or a bilge area.
5229-5048 [(3)] (2) "Decontaminate" means to:
5230-5049 (a) drain and dry [all] non-treated water; and
5231-5050 (b) chemically or thermally treat in accordance with rule.
5232-5051 [(4) "Director" means the director of the division.]
5233-5052 [(5) "Division" means the Division of Wildlife Resources.]
5234-5053 [(6)] (3) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage,
5235-5054including a zebra mussel, a quagga mussel, and Conrad's false mussel.
5236-5055 [(7)] (4) "Equipment" means an article, tool, implement, or device capable of carrying
5237-5056or containing:
5238-5057 (a) water; or
5239-5058 (b) a Dreissena mussel.
5240-5059 [(8) "Executive director" means the executive director of the Department of Natural
5241-5060Resources.]
5242-5061 [(9)] (5) "Facility" means a structure that is located within or adjacent to a water body.
5243-5062 [(10)] (6) "Infested water" means a geographic region, water body, facility, or water
5244-5063supply system within or outside the state that the [board] Wildlife Board identifies in rule as
5245-5064carrying or containing a Dreissena mussel.
5246-5065 [(11)] (7) "Vessel" means the same as that term is defined in Section 73-18-2.
5247-5066 [(12)] (8) "Water body" means natural or impounded surface water, including a stream,
5248-5067river, spring, lake, reservoir, pond, wetland, tank, and fountain.
5249-5068 [(13)] (9) (a) "Water supply system" means a system that treats, conveys, or distributes
5250-5069water for irrigation, industrial, waste water treatment, or culinary use. H.B. 30 Enrolled Copy
5763+5577Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this [chapter] part.
5764+5578 (3) The division may:
5765+5579 (a) contract with a vendor that offers targeted predator control services; and
5766+5580 (b) prepare and distribute educational and training materials related to mule deer
5767+5581protection.
5768+5582 Section 215. Section 23A-12-101 is enacted to read:
5769+5583 CHAPTER 12. BIRDS IN GENERAL
5770+5584 Part 1. General Provisions
5771+5585 23A-12-101. Definitions.
5772+5586 Reserved.
5773+5587 Section 216. Section 23A-12-201, which is renumbered from Section 23-17-5.2 is
5774+5588renumbered and amended to read:
5775+5589 Part 2. Hunting of Birds
5776+5590 [23-17-5.2]. 23A-12-201. General season turkey hunts.
5777+5591 The Wildlife Board may establish two general season turkey hunts per year.
5778+5592 Section 217. Section 23A-12-202, which is renumbered from Section 23-17-6 is
5779+5593renumbered and amended to read:
5780+5594 [23-17-6]. 23A-12-202. Commercial hunting area -- Registration --
5781+5595Requirements for hunters.
5782+5596 (1) (a) A person desiring to operate a commercial hunting area within the state to
5783+5597permit the releasing and shooting of pen-raised birds may apply to the Wildlife Board for
5784+5598authorization to do so.
5785+5599 (b) The Wildlife Board may issue the applicant a certificate of registration to operate a
5786+5600commercial hunting area in accordance with rules prescribed by the [board] Wildlife Board in
5787+5601accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5788+5602 (c) The Wildlife Board may determine the number of commercial hunting areas that
5789+5603may be established in each county of the state.
5790+5604 (2) (a) A certificate of registration issued under Subsection (1) shall specify the species
5791+5605of birds that the applicant may propagate, keep, and release for shooting on the area covered by
5792+5606the certificate of registration.
5793+5607 (b) The applicant may charge a fee for harvesting the birds specified under Subsection H.B. 30 12-19-22 10:31 PM
52515794 - 182 -
5252-5070 (b) "Water supply system" includes a pump, canal, ditch, or pipeline.
5253-5071 (c) "Water supply system" does not include a water body.
5254-5072 Section 196. Section 23A-10-201, which is renumbered from Section 23-27-201 is
5255-5073renumbered and amended to read:
5256-5074 Part 2. Invasive Species Prohibited
5257-5075 [23-27-201]. 23A-10-201. Invasive species prohibited -- Administrative
5258-5076inspection authorized.
5259-5077 (1) Except as authorized in this title or a [board] Wildlife Board rule or order, a person
5260-5078may not:
5261-5079 (a) possess, import, export, ship, or transport a Dreissena mussel;
5262-5080 (b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel
5263-5081in a water body, facility, or water supply system; or
5264-5082 (c) transport a conveyance or equipment that has been in an infested water within the
5265-5083previous 30 days without decontaminating the conveyance or equipment.
5266-5084 (2) [A] Except as provided in Subsection (3), a person who violates Subsection (1):
5267-5085 (a) is strictly liable;
5268-5086 (b) is guilty of an infraction; and
5269-5087 (c) shall reimburse the state for [all] the costs associated with detaining, quarantining,
5270-5088and decontaminating the conveyance or equipment.
5271-5089 (3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class
5272-5090A misdemeanor.
5273-5091 (4) A person may not proceed past or travel through an inspection station or
5274-5092administrative checkpoint, as described in Section [23-27-301] 23A-10-301, while transporting
5275-5093a conveyance during an inspection station's or administrative checkpoint's hours of operations
5276-5094without presenting the conveyance for inspection.
5277-5095 (5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
5278-5096 Section 197. Section 23A-10-202, which is renumbered from Section 23-27-202 is
5279-5097renumbered and amended to read: Enrolled Copy H.B. 30
5795+5608(2)(a).
5796+5609 (3) (a) A person hunting within the state on a commercial hunting area shall:
5797+5610 (i) (A) possess proof of passing a division-approved hunter education course, if the
5798+5611person was born after December 31, 1965; or
5799+5612 (B) possess a trial hunting authorization issued under Section [23-19-14.6] 23A-4-701;
5800+5613 (ii) comply with the accompaniment requirements of Sections [23-19-14.6 and
5801+561423-20-20 ] 23A-4-701 and 23A-4-708, if applicable; and
5802+5615 (iii) have the permission of the owner or operator of the commercial hunting area.
5803+5616 (b) The operator of a commercial hunting area shall verify that each hunter on the
5804+5617commercial hunting area meets the requirements of Subsection (3)(a)(i).
5805+5618 (4) Hunting on commercial hunting areas is permitted only during the commercial
5806+5619hunting area season prescribed by the Wildlife Board.
5807+5620 Section 218. Section 23A-12-203, which is renumbered from Section 23-17-7 is
5808+5621renumbered and amended to read:
5809+5622 [23-17-7]. 23A-12-203. Falconry authorized.
5810+5623 The Wildlife Board may authorize the practice of falconry within the state [of Utah] and
5811+5624the capturing and keeping in possession of birds to be used in the practice of falconry under
5812+5625rules [and regulations specified by it] made by the Wildlife Board in accordance with Title
5813+562663G, Chapter 3, Utah Administrative Rulemaking Act.
5814+5627 Section 219. Section 23A-12-204, which is renumbered from Section 23-17-8 is
5815+5628renumbered and amended to read:
5816+5629 [23-17-8]. 23A-12-204. Dog field meets.
5817+5630 (1) [It is lawful within the state to hold dog field meets or trials] Subject to Subsection
5818+5631(2), a person may hold within the state a dog field meet or trial where dogs are permitted to
5819+5632work in exhibition or contest where the skill of dogs is demonstrated by locating or retrieving
5820+5633birds [which] that have been obtained from a legal source.
5821+5634 (2) Before [any] a meet or trial is held, [application shall be made] a person shall apply
5822+5635in writing to the [Division of Wildlife Resources] division, which may authorize the meet or
5823+5636trial under rules [and regulations promulgated] made by the Wildlife Board in accordance with
5824+5637Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5825+5638 Section 220. Section 23A-12-205, which is renumbered from Section 23-17-9 is 12-19-22 10:31 PM H.B. 30
52805826 - 183 -
5281-5098 [23-27-202]. 23A-10-202. Reporting of invasive species required.
5282-5099 (1) A person who discovers a Dreissena mussel within this state or has reason to
5283-5100believe a Dreissena mussel may exist at a specific location shall immediately report the
5284-5101discovery to the division.
5285-5102 (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
5286-5103 Section 198. Section 23A-10-301, which is renumbered from Section 23-27-301 is
5287-5104renumbered and amended to read:
5288-5105 Part 3. Enforcement
5289-5106 [23-27-301]. 23A-10-301. Division's power to prevent invasive species
5290-5107infestation.
5291-5108 To eradicate and prevent the infestation of a Dreissena mussel, the division may:
5292-5109 (1) (a) establish inspection stations located at or along:
5293-5110 (i) highways, as defined in Section 72-1-102;
5294-5111 (ii) ports of entry, if the Department of Transportation authorizes the division to use the
5295-5112port of entry; and
5296-5113 (iii) publicly accessible:
5297-5114 (A) boat ramps; and
5298-5115 (B) conveyance launch sites; and
5299-5116 (b) temporarily stop, detain, and inspect a conveyance or equipment that:
5300-5117 (i) the division reasonably believes is in violation of Section [23-27-201] 23A-10-201;
5301-5118 (ii) the division reasonably believes is in violation of Section [23-27-306] 23A-10-305;
5302-5119 (iii) is stopped at an inspection station; or
5303-5120 (iv) is stopped at an administrative checkpoint;
5304-5121 (2) conduct an administrative checkpoint in accordance with Section 77-23-104;
5305-5122 (3) detain and quarantine a conveyance or equipment as provided in Section
5306-5123[23-27-302] 23A-10-302;
5307-5124 (4) order a person to decontaminate a conveyance or equipment; and
5308-5125 (5) inspect the following that may contain a Dreissena mussel: H.B. 30 Enrolled Copy
5827+5639renumbered and amended to read:
5828+5640 [23-17-9]. 23A-12-205. Training of dogs -- Use of protected or privately owned
5829+5641wildlife.
5830+5642 The Wildlife Board may authorize the use of protected wildlife or privately owned
5831+5643wildlife for the training of dogs within the state [of Utah] under rules [and regulations it may
5832+5644promulgate] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
5833+5645Administrative Rulemaking Act.
5834+5646 Section 221. Section 23A-12-301, which is renumbered from Section 23-32-102 is
5835+5647renumbered and amended to read:
5836+5648 Part 3. Waterfowl Management Areas Act
5837+5649 [23-32-102]. 23A-12-301. Definitions.
5838+5650 (1) The definitions in Section 58-79-102 apply to this [chapter] part.
5839+5651 (2) (a) As used in this [chapter] part, "waterfowl management area" means real
5840+5652property owned or managed by the [Division of Wildlife Resources] division that is:
5841+5653 (i) primarily used for the conservation, production, or recreational harvest of ducks,
5842+5654mergansers, geese, brant, swans, and other waterfowl; and
5843+5655 (ii) designated as a waterfowl management area by the Wildlife Board in accordance
5844+5656with Section [23-32-104] 23A-12-303.
5845+5657 (b) "Waterfowl management area" includes the Willard Spur Waterfowl Management
5846+5658Area and the Harold Crane Waterfowl Management Area described in Section [23-21-5]
5847+565923A-6-403.
5848+5660 Section 222. Section 23A-12-302, which is renumbered from Section 23-32-103 is
5849+5661renumbered and amended to read:
5850+5662 [23-32-103]. 23A-12-302. Prohibited activities.
5851+5663 (1) A commercial hunting guide or outfitter may not use a waterfowl management area
5852+5664for any of the following, unless the commercial hunting guide or outfitter has an annual permit,
5853+5665issued by the Wildlife Board pursuant to this [chapter] part, for the use:
5854+5666 (a) hunting guide services or outfitter services; or
5855+5667 (b) transportation of an individual to another area for the purpose of providing hunting
5856+5668guide services or outfitter services.
5857+5669 (2) An individual may not construct a permanent blind or other permanent structure H.B. 30 12-19-22 10:31 PM
53095858 - 184 -
5310-5126 (a) a water body;
5311-5127 (b) a facility; and
5312-5128 (c) a water supply system.
5313-5129 Section 199. Section 23A-10-302, which is renumbered from Section 23-27-302 is
5314-5130renumbered and amended to read:
5315-5131 [23-27-302]. 23A-10-302. Conveyance or equipment detainment or
5316-5132quarantine.
5317-5133 (1) The division, a port-of-entry agent, or a peace officer may detain or quarantine a
5318-5134conveyance or equipment if:
5319-5135 (a) the division, agent, or peace officer:
5320-5136 (i) finds the conveyance or equipment contains a Dreissena mussel; or
5321-5137 (ii) reasonably believes that the person transporting the conveyance or equipment is in
5322-5138violation of Section [23-27-201] 23A-10-201; or
5323-5139 (b) the person transporting the conveyance or equipment refuses to submit to an
5324-5140inspection authorized by Section [23-27-301] 23A-10-301.
5325-5141 (2) The detainment or quarantine authorized by Subsection (1) may continue for:
5326-5142 (a) up to five days; or
5327-5143 (b) the period of time necessary to:
5328-5144 (i) decontaminate the conveyance or equipment; and
5329-5145 (ii) ensure that a Dreissena mussel is not living on or in the conveyance or equipment.
5330-5146 Section 200. Section 23A-10-303, which is renumbered from Section 23-27-303 is
5331-5147renumbered and amended to read:
5332-5148 [23-27-303]. 23A-10-303. Closing a water body, facility, or water supply
5333-5149system.
5334-5150 (1) Except as provided by Subsection (6), if the division detects or suspects a Dreissena
5335-5151mussel is present in a water body, a facility, or a water supply system, the director or the
5336-5152director's designee may, with the concurrence of the executive director, order:
5337-5153 (a) the water body, facility, or water supply system closed to a conveyance or Enrolled Copy H.B. 30
5859+5670that is used for hunting within the boundaries of a waterfowl management area.
5860+5671 Section 223. Section 23A-12-303, which is renumbered from Section 23-32-104 is
5861+5672renumbered and amended to read:
5862+5673 [23-32-104]. 23A-12-303. Rulemaking -- Notice.
5863+5674 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5864+5675Wildlife Board shall make rules:
5865+5676 (a) designating and establishing the boundaries of a waterfowl management area;
5866+5677 (b) governing the management and use of a waterfowl management area in accordance
5867+5678with [the provisions of this chapter] this part; and
5868+5679 (c) to create an annual permit process by which commercial hunting guides and
5869+5680outfitters may use waterfowl management areas in accordance with [the provisions of this
5870+5681chapter] this part.
5871+5682 (2) The annual permit process described in Subsection (1)(c) shall:
5872+5683 (a) preserve the opportunity for non-guided hunters to use waterfowl management
5873+5684areas; and
5874+5685 (b) require a permit holder to comply with safety standards established by the Wildlife
5875+5686Board.
5876+5687 (3) The division shall provide an annual report to the Natural Resources, Agriculture,
5877+5688and Environment Interim Committee regarding any rules made or changed in accordance with
5878+5689this [chapter] part.
5879+5690 (4) The Wildlife Board shall publish a map of the boundaries of each waterfowl
5880+5691management area.
5881+5692 (5) Nothing in this [chapter] part modifies or limits:
5882+5693 (a) [the provisions of Section 23-21-5] Section 23A-6-403, or the discretion of the
5883+5694division to manage waterfowl management areas for other beneficial purposes, including for
5884+5695the benefit of the public, shorebirds, waterfowl, and other protected wildlife; or
5885+5696 (b) the authority of the division, the director [of the division], or the Wildlife Board
5886+5697under [Title 23, Chapter 21] Chapter 6, Lands and Waters for Wildlife Purposes.
5887+5698 Section 224. Section 23A-13-101, which is renumbered from Section 23-28-102 is
5888+5699renumbered and amended to read:
5889+5700 CHAPTER 13. MIGRATORY BIRD PRODUCTION AREA 12-19-22 10:31 PM H.B. 30
53385890 - 185 -
5339-5154equipment;
5340-5155 (b) restricted access by a conveyance or equipment to a water body, facility, or water
5341-5156supply system; or
5342-5157 (c) a conveyance or equipment that is removed from or introduced to the water body,
5343-5158facility, or water supply system to be inspected, quarantined, or decontaminated in a manner
5344-5159and for a duration necessary to detect and prevent the infestation of a Dreissena mussel.
5345-5160 (2) If a closure authorized by Subsection (1) lasts longer than seven days, the division
5346-5161shall:
5347-5162 (a) provide a written update to the operator of the water body, facility, or water supply
5348-5163system every 10 days on the division's effort to address the Dreissena infestation; and
5349-5164 (b) post the update on the division's website.
5350-5165 (3) (a) The [board] Wildlife Board shall develop procedures to ensure proper
5351-5166notification of a state, federal, or local agency that is affected by a Dreissena mussel
5352-5167infestation.
5353-5168 (b) The notification shall include:
5354-5169 (i) the reasons for the closure, quarantine, or restriction; and
5355-5170 (ii) methods for providing updated information to the agency.
5356-5171 (4) When deciding the scope, duration, level, and type of restriction or a quarantine or
5357-5172closure location, the director shall consult with the person with the jurisdiction, control, or
5358-5173management responsibility over the water body, facility, or water supply system to avoid or
5359-5174minimize disruption of economic and recreational activity.
5360-5175 (5) (a) A person that operates a water supply system shall cooperate with the division
5361-5176to implement a measure to:
5362-5177 (i) avoid infestation by a Dreissena mussel; and
5363-5178 (ii) control or eradicate a Dreissena mussel infestation that may occur in a water supply
5364-5179system.
5365-5180 (b) (i) If a Dreissena mussel is detected, the water supply system's operator, in
5366-5181cooperation with the division, shall prepare and implement a plan to control or eradicate a H.B. 30 Enrolled Copy
5891+5701 Part 1. General Provisions
5892+5702 [23-28-102]. 23A-13-101. Definitions.
5893+5703 As used in this chapter:
5894+5704 (1) "Migratory bird" [is as] means the same as that term is defined in 16 U.S.C. Sec.
5895+5705715j.
5896+5706 (2) "Migratory bird production area" means an area of land that is:
5897+5707 (a) created under this chapter; and
5898+5708 (b) used according to the description in Subsections [23-28-201]
5899+570923A-13-201(1)(b)(iii)(A) [through] and (B).
5900+5710 Section 225. Section 23A-13-201, which is renumbered from Section 23-28-201 is
5901+5711renumbered and amended to read:
5902+5712 Part 2. Migratory Bird Production Area
5903+5713 [23-28-201]. 23A-13-201. Creation of a migratory bird production area.
5904+5714 (1) (a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres
5905+5715of land in an unincorporated area may dedicate the land as a migratory bird production area by
5906+5716filing a notice of dedication with the county recorder of the county in which the land is located.
5907+5717 (b) The notice of dedication shall contain:
5908+5718 (i) the legal description of the land included within the migratory bird production area;
5909+5719 (ii) the name of the owner or owners of the land included within the migratory bird
5910+5720production area; and
5911+5721 (iii) an affidavit signed by each landowner that all of the land, except as provided by
5912+5722Subsection (2), within the migratory bird production area is:
5913+5723 (A) actively managed for migratory bird:
5914+5724 (I) production;
5915+5725 (II) habitat; or
5916+5726 (III) hunting; and
5917+5727 (B) used for a purpose compatible with the purposes described in Subsection
5918+5728(1)(b)(iii)(A).
5919+5729 (c) A person who files a notice of dedication under this section shall give a copy of the
5920+5730notice of dedication within 10 days of its filing to the legislative body of the county in which
5921+5731the migratory bird production area is located. H.B. 30 12-19-22 10:31 PM
53675922 - 186 -
5368-5182Dreissena mussel within the water supply system.
5369-5183 (ii) A plan required by Subsection (5)(b)(i) shall include a:
5370-5184 (A) method for determining the scope and extent of the infestation;
5371-5185 (B) method to control or eradicate the Dreissena mussel;
5372-5186 (C) method to decontaminate the water supply system containing the Dreissena mussel;
5373-5187 (D) systematic monitoring program to determine a change in the infestation; and
5374-5188 (E) requirement to update or revise the plan in conformity with a scientific advance in
5375-5189the method of controlling or eradicating a Dreissena mussel.
5376-5190 (6) (a) The division may not close or quarantine a water supply system if the operator
5377-5191has prepared and implemented a plan to control or eradicate a Dreissena mussel in accordance
5378-5192with Subsection (5).
5379-5193 (b) (i) The division may require the operator to update a plan.
5380-5194 (ii) If the operator fails to update or revise a plan, the division may close or quarantine
5381-5195the water supply system in accordance with this section.
5382-5196 Section 201. Section 23A-10-304, which is renumbered from Section 23-27-304 is
5383-5197renumbered and amended to read:
5384-5198 [23-27-304]. 23A-10-304. Aquatic invasive species fee.
5385-5199 (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
5386-5200aquatic invasive species fee of $20 on [each vessel in order] a vessel to launch or operate a
5387-5201vessel in waters of this state if:
5388-5202 (i) the vessel is owned by a nonresident; and
5389-5203 (ii) the vessel would otherwise be subject to registration requirements under Section
5390-520473-18-7 if the vessel were owned by a resident of this state.
5391-5205 (b) [The provisions of] Subsection (1)(a) [do] does not apply if the vessel is owned and
5392-5206operated by a state or federal government agency and the vessel is used within the course and
5393-5207scope of the duties of the agency.
5394-5208 (c) The division shall administer and collect the fee described in Subsection (1)(a), and
5395-5209the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in Enrolled Copy H.B. 30
5923+5732 (2) (a) The notice of dedication may designate land, the amount of which is less than
5924+57331% of the total acreage within a migratory bird production area, upon which the landowner
5925+5734may build a structure described in Subsection [23-28-302] 23A-13-302(1)(c).
5926+5735 (b) (i) An owner may build or maintain a road, dike, or water control structure within
5927+5736the migratory bird production area.
5928+5737 (ii) A road, dike, or water control structure is not considered a structure for purposes of
5929+5738Subsection (2)(a).
5930+5739 (3) (a) Within 30 days of the day on which the county legislative body receives a copy
5931+5740of the notice of dedication under Subsection (1)(c), the county legislative body may bring an
5932+5741action in district court to cancel or revise a migratory bird production area on the basis that an
5933+5742affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
5934+5743 (b) In bringing the action, the county legislative body shall specify the portion of the
5935+5744migratory bird production area and the affidavit subject to the action.
5936+5745 (c) In an action brought under this Subsection (3), the person who files an affidavit
5937+5746described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that
5938+5747the affidavit is accurate.
5939+5748 (d) If the court cancels or revises a migratory bird production area, the person who filed
5940+5749the original notice of dedication shall file a revision notice with the county recorder reflecting
5941+5750the court's order.
5942+5751 (4) In accordance with Section [23-28-202] 23A-13-202, a person may at any time add
5943+5752land to a migratory bird production area created under this section.
5944+5753 Section 226. Section 23A-13-202, which is renumbered from Section 23-28-202 is
5945+5754renumbered and amended to read:
5946+5755 [23-28-202]. 23A-13-202. Adding to or removing land from a migratory
5947+5756bird production area.
5948+5757 (1) Subject to the other provisions of this section, a landowner may file a revision
5949+5758notice with the county recorder of the county in which the migratory bird production area is
5950+5759located to add land to or remove land from a migratory bird production area.
5951+5760 (2) The revision notice shall contain:
5952+5761 (a) a legal description of the land added to or removed from the migratory bird
5953+5762production area; and 12-19-22 10:31 PM H.B. 30
53965954 - 187 -
5397-5210Section [23-27-305] 23A-3-211.
5398-5211 (2) Before launching a vessel on the waters of this state, a nonresident shall pay the
5399-5212aquatic invasive species fee as described in Subsection (1), and the vessel owner shall
5400-5213successfully complete an aquatic invasive species education course offered by the division.
5401-5214 (3) (a) The division shall study options and [feasability] feasibility of implementing an
5402-5215automated system capable of scanning, photographing, and providing real-time information
5403-5216regarding a conveyance's or equipment's last:
5404-5217 (i) [last] entry into a body of water; and
5405-5218 (ii) [last] decontamination.
5406-5219 (b) The study described in Subsection (3)(a) shall evaluate the system's capability of:
5407-5220 (i) operation with or without the use or supervision of personnel;
5408-5221 (ii) operation 24 hours per day;
5409-5222 (iii) capturing a state assigned number on a vessel or conveyance as described in
5410-5223Section 73-18-6;
5411-5224 (iv) preserving photographic evidence of:
5412-5225 (A) a conveyance's state assigned bow number;
5413-5226 (B) a conveyance's or equipment's entry into a body of water, including the global
5414-5227positioning system location of where the conveyance is photographed; and
5415-5228 (C) decontamination of the conveyance or equipment;
5416-5229 (v) identifying a conveyance or equipment not owned by a resident that is entering a
5417-5230body of water in this state; and
5418-5231 (vi) collecting the fee described in Subsection (1).
5419-5232 [(c) The division shall present a report of the study and findings described in
5420-5233Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim
5421-5234Committee before November 30, 2020.]
5422-5235 [(d)] (c) Based on the findings of the study described in this Subsection (3), the
5423-5236division shall implement a pilot program to provide the services described in this Subsection
5424-5237(3) on or before May 1, 2021. H.B. 30 Enrolled Copy
5955+5763 (b) the name of the owner or owners of the land added to or removed from the
5956+5764migratory bird production area.
5957+5765 (3) A person who files a revision notice under this section shall give a copy of the
5958+5766revision notice within 10 days of its filing to the legislative body of the county in which the
5959+5767migratory bird production area is located.
5960+5768 (4) If removing land from a migratory bird production area results in a migratory bird
5961+5769production area of less than 300 contiguous acres:
5962+5770 (a) the migratory bird production area ceases to exist; and
5963+5771 (b) the landowner shall:
5964+5772 (i) notify each landowner within the former migratory bird production area; and
5965+5773 (ii) file the revision notice required by this section for the entire migratory bird
5966+5774production area.
5967+5775 (5) A landowner may add land to a migratory bird production area only if:
5968+5776 (a) the land to be added is contiguous to the migratory bird production area; and
5969+5777 (b) all the landowners of the contiguous land to be added to the migratory bird
5970+5778production area consent to the contiguous land being added to the migratory bird production
5971+5779area.
5972+5780 (6) A landowner of a migratory bird production area may include an easement in the
5973+5781migratory bird production area if:
5974+5782 (a) the landowner owns the easement;
5975+5783 (b) the easement is on land that is contiguous to the migratory bird production area;
5976+5784and
5977+5785 (c) the owner of the land where the easement is located consents to the easement being
5978+5786included in the migratory bird production area.
5979+5787 Section 227. Section 23A-13-301, which is renumbered from Section 23-28-301 is
5980+5788renumbered and amended to read:
5981+5789 Part 3. Protections
5982+5790 [23-28-301]. 23A-13-301. Farmland Assessment Act.
5983+5791 (1) Creation of a migratory bird production area does not impair the ability of land
5984+5792within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part
5985+57935, Farmland Assessment Act. H.B. 30 12-19-22 10:31 PM
54255986 - 188 -
5426-5238 (4) The [board] Wildlife Board may increase fees assessed under Subsection (1), so
5427-5239long as:
5428-5240 (a) the fee for nonresidents described in Subsection (1) is no less than the resident fee
5429-5241described in Section 73-18-26; and
5430-5242 (b) the fee is confirmed in the legislative fee schedule.
5431-5243 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5432-5244[board] Wildlife Board may make rules establishing procedures for:
5433-5245 (a) proof of payment and other methods of verifying compliance with this section;
5434-5246 (b) special requirements applicable on interstate water bodies in this state; and
5435-5247 (c) other provisions necessary for the administration of the program.
5436-5248 Section 202. Section 23A-10-305, which is renumbered from Section 23-27-306 is
5437-5249renumbered and amended to read:
5438-5250 [23-27-306]. 23A-10-305. Removal of drain plug or similar device during
5439-5251transport.
5440-5252 (1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in
5441-5253the state, a person shall:
5442-5254 (a) remove the plugs and similar devices that prevent drainage of raw water systems on
5443-5255the conveyance; and
5444-5256 (b) to the extent feasible, drain [all] the water from live wells, bilges, ballast tanks, or
5445-5257similar compartments on the conveyance.
5446-5258 (2) A person who fails to comply with Subsection (1) is guilty of a class C
5447-5259misdemeanor.
5448-5260 Section 203. Section 23A-10-401, which is renumbered from Section 23-27-401 is
5449-5261renumbered and amended to read:
5450-5262 Part 4. Administration
5451-5263 [23-27-401]. 23A-10-401. Rulemaking authority.
5452-5264 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5453-5265[board] Wildlife Board may make rules that: Enrolled Copy H.B. 30
5987+5794 (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland
5988+5795Assessment Act, is determined exclusively by [the provisions of] that act, notwithstanding the
5989+5796land's location within a migratory bird production area.
5990+5797 Section 228. Section 23A-13-302, which is renumbered from Section 23-28-302 is
5991+5798renumbered and amended to read:
5992+5799 [23-28-302]. 23A-13-302. Limitations on local regulations.
5993+5800 (1) (a) A county within which a migratory bird production area is located shall
5994+5801encourage the continuity, development, and viability of the migratory bird production area.
5995+5802 (b) Except as otherwise specifically provided in this chapter, the purposes, uses, and
5996+5803activities of a migratory bird production area described in this chapter are afforded the highest
5997+5804priority of use status.
5998+5805 (c) A structure, improvement, or activity historically or customarily used in
5999+5806conjunction with a migratory bird production area is considered a permitted use under the
6000+5807county's zoning law, ordinance, or regulation.
6001+5808 (2) A county within which a migratory bird production area is located may not:
6002+5809 (a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally
6003+5810associated with the migratory bird production area;
6004+5811 (b) change the zoning designation of, or a zoning regulation applying to land within a
6005+5812migratory bird production area unless the county receives written approval for the change from
6006+5813all the landowners within the migratory bird production area; or
6007+5814 (c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of
6008+5815a firearm on a migratory bird production area.
6009+5816 (3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if
6010+5817it restricts or impairs the purposes, uses, and activities historically or customarily associated
6011+5818with a migratory bird production area.
6012+5819 Section 229. Section 23A-13-303, which is renumbered from Section 23-28-303 is
6013+5820renumbered and amended to read:
6014+5821 [23-28-303]. 23A-13-303. Nuisances.
6015+5822 (1) (a) A county shall exclude the activities described in Subsection (1)(b) from the
6016+5823definition of public nuisance in a county law or ordinance regulating a public nuisance.
6017+5824 (b) An activity or occurrence normally associated with a migratory bird production area 12-19-22 10:31 PM H.B. 30
54546018 - 189 -
5455-5266 (1) establish the procedures and requirements for decontaminating a conveyance or
5456-5267equipment to prevent the introduction and infestation of a Dreissena mussel;
5457-5268 (2) establish the requirements necessary to provide proof that a conveyance or
5458-5269equipment is decontaminated;
5459-5270 (3) establish the notification procedures required in Section [23-27-303] 23A-10-303;
5460-5271 (4) identify the geographic area, water body, facility, or water supply system that is
5461-5272infested by Dreissena mussels;
5462-5273 (5) establish a procedure and protocol in cooperation with the Department of
5463-5274Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or
5464-5275equipment at a port-of-entry in accordance with Section [23-27-301] 23A-10-301; and
5465-5276 (6) are necessary to administer and enforce [the provisions of] this chapter.
5466-5277 Section 204. Section 23A-10-501, which is renumbered from Section 23-27-501 is
5467-5278renumbered and amended to read:
5468-5279 Part 5. Statewide Aquatic Invasive Species Emergency Response Plan
5469-5280 [23-27-501]. 23A-10-501. Aquatic invasive species emergency response
5470-5281plan.
5471-5282 (1) As used in this section:
5472-5283 (a) "Committee" means the Natural Resources, Agriculture, and Environment Interim
5473-5284Committee.
5474-5285 (b) "Emergency response plan" means the statewide aquatic invasive species
5475-5286emergency response plan developed by the division in accordance with this part.
5476-5287 (2) The division shall develop a statewide aquatic invasive species emergency response
5477-5288plan to address the potential spread of aquatic invasive species throughout the state.
5478-5289 (3) In developing the emergency response plan, the division shall coordinate with
5479-5290public and private entities that may be necessary or helpful to remediating the potential spread
5480-5291of aquatic invasive species throughout the state.
5481-5292 (4) The emergency response plan shall:
5482-5293 (a) designate the division as the entity that [will coordinate] coordinates the H.B. 30 Enrolled Copy
6019+5825is not a nuisance, including:
6020+5826 (i) hunting;
6021+5827 (ii) discharging a firearm;
6022+5828 (iii) improving habitat;
6023+5829 (iv) trapping;
6024+5830 (v) eradicating weeds;
6025+5831 (vi) discing;
6026+5832 (vii) planting;
6027+5833 (viii) impounding water;
6028+5834 (ix) raising a bird or other domestic animal;
6029+5835 (x) grazing;
6030+5836 (xi) an activity conducted in the normal course of an agricultural operation as defined
6031+5837in Section 4-44-102; and
6032+5838 (xii) an odor.
6033+5839 (2) In a civil action for nuisance or a criminal action for public nuisance under Section
6034+584076-10-803, it is a complete defense if the action is:
6035+5841 (a) normally associated with a migratory bird production area;
6036+5842 (b) conducted within a migratory bird production area; and
6037+5843 (c) not in violation of [any] federal or state law.
6038+5844 (3) An owner of a new development located in whole or in part within 1,000 feet of a
6039+5845migratory bird production area shall provide the following notice on [any] a plat filed with the
6040+5846county recorder:
6041+5847 "Migratory Bird Production Area
6042+5848 This property is located in the vicinity of an established migratory bird production area
6043+5849in which hunting and activities related to the management and operation of land for the benefit
6044+5850of migratory birds have been afforded the highest priority use status. It can be anticipated that
6045+5851these uses and activities may now or in the future be conducted on land within the migratory
6046+5852bird production area. The use and enjoyment of this property is expressly conditioned on
6047+5853acceptance of any annoyance or inconvenience that may result from activities normally
6048+5854associated with a migratory bird production area."
6049+5855 Section 230. Section 23A-13-304, which is renumbered from Section 23-28-304 is H.B. 30 12-19-22 10:31 PM
54836050 - 190 -
5484-5294implementation of the emergency response plan;
5485-5295 (b) provide for annual review of the emergency response plan by the division;
5486-5296 (c) provide that the emergency response plan may only be implemented if the division
5487-5297detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water
5488-5298supply system within the state; and
5489-5299 (d) define what constitutes a detection of aquatic invasive species at a water body,
5490-5300facility, or water supply system.
5491-5301 [(5) On or before August 1, 2021, the division shall submit to the committee the
5492-5302following:]
5493-5303 [(a) the emergency response plan;]
5494-5304 [(b) proposed legislation that may be necessary to effectuate the emergency response
5495-5305plan or to increase the effectiveness of the emergency response plan; and]
5496-5306 [(c) an analysis and estimate of the cost to implement the emergency response plan.]
5497-5307 [(6) After receiving the items described in Subsection (5), the committee may:]
5498-5308 [(a) recommend to the Legislature that the plan be implemented;]
5499-5309 [(b) return the plan to the division for further study and evaluation;]
5500-5310 [(c) draft legislation proposed or requested by the division; or]
5501-5311 [(d) take action to further the funding of the emergency response plan.]
5502-5312 [(7)] (5) If an event requires the implementation of the emergency response plan, the
5503-5313division shall report on that event and the implementation of the emergency response plan to
5504-5314the committee.
5505-5315 Section 205. Section 23A-11-101, which is renumbered from Section 23-16-1.1 is
5506-5316renumbered and amended to read:
5507-5317 CHAPTER 11. BIG GAME
5508-5318 Part 1. General Provisions
5509-5319 [23-16-1.1]. 23A-11-101. Definitions.
5510-5320 As used in this chapter:
5511-5321 [(1) "72 hours" means a time period that begins with the hour a request for action is Enrolled Copy H.B. 30
6051+5856renumbered and amended to read:
6052+5857 [23-28-304]. 23A-13-304. Annexation restrictions.
6053+5858 A municipality may annex real property within a migratory bird production area as
6054+5859provided by Title 10, Chapter 2, Part 4, Annexation.
6055+5860 Section 231. Section 23A-13-305, which is renumbered from Section 23-28-305 is
6056+5861renumbered and amended to read:
6057+5862 [23-28-305]. 23A-13-305. Application of Water Quality Act.
6058+5863 A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act.
6059+5864 Section 232. Section 23A-14-101 is enacted to read:
6060+5865 CHAPTER 14. FURBEARERS
6061+5866 Part 1. General Provisions
6062+5867 23A-14-101. Definitions.
6063+5868 Reserved.
6064+5869 Section 233. Section 23A-14-201, which is renumbered from Section 23-18-2 is
6065+5870renumbered and amended to read:
6066+5871 Part 2. Taking of Furbearers
6067+5872 [23-18-2]. 23A-14-201. Taking of furbearers.
6068+5873 [Any] A person holding a furbearer license may take [furbearers] a furbearer in
6069+5874accordance with the rules [promulgated] made by the Wildlife Board in accordance with Title
6070+587563G, Chapter 3, Utah Administrative Rulemaking Act.
6071+5876 Section 234. Section 23A-14-202, which is renumbered from Section 23-18-3 is
6072+5877renumbered and amended to read:
6073+5878 [23-18-3]. 23A-14-202. Trapping on lands controlled by division governed by
6074+5879Wildlife Board.
6075+5880 [All trapping] The Wildlife Board shall govern trapping on lands controlled by the
6076+5881[Division of Wildlife Resources shall be governed by the Wildlife Board] division.
6077+5882 Section 235. Section 23A-14-203, which is renumbered from Section 23-18-6 is
6078+5883renumbered and amended to read:
6079+5884 [23-18-6]. 23A-14-203. Taking red fox or striped skunk.
6080+5885 Red fox or striped skunk may be taken anytime without a license as provided by this
6081+5886title [or rules], a rule made in accordance with Title 63G, Chapter 3, Utah Administrative 12-19-22 10:31 PM H.B. 30
55126082 - 191 -
5513-5322made pursuant to Section 23-16-3 and ends 72 hours later with the exclusion of any hour that
5514-5323occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
5515-532463G-1-301.]
5516-5325 (1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5517-5326and bison.
5518-5327 (2) "Cultivated crops" means:
5519-5328 (a) annual or perennial crops harvested from or on cleared and planted land;
5520-5329 (b) perennial orchard trees on cleared and planted land;
5521-5330 (c) crop residues that have forage value for livestock; and
5522-5331 (d) pastures.
5523-5332 [(3) "Depredation mitigation plan" means the plan described in Subsection 23-16-3(2).]
5524-5333 [(4) "Growing season" means the portion of a year in which local conditions permit
5525-5334normal plant growth.]
5526-5335 [(5)] (3) "Management unit" means a prescribed area of contiguous land designated by
5527-5336the division for the purpose of managing a species of big game animal.
5528-5337 (4) "Predator" means a cougar, bear, or coyote.
5529-5338 [(6) "Mitigation review panel" means the panel created under Section 23-16-3.2.]
5530-5339 Section 206. Section 23A-11-201, which is renumbered from Section 23-16-5 is
5531-5340renumbered and amended to read:
5532-5341 Part 2. Limits on Hunting
5533-5342 [23-16-5]. 23A-11-201. Limit of one of species of big game during license year
5534-5343-- Invalid and forfeited permit or tag.
5535-5344 (1) A person may take only one of [any] a species of big game during a license year,
5536-5345regardless of how many licenses or permits the person obtains, except as otherwise provided by
5537-5346this title or [proclamations] a proclamation of the Wildlife Board.
5538-5347 (2) (a) If a person kills a big game animal in violation of this title, while attempting to
5539-5348exercise the benefits of a big game permit or big game tag, the big game permit or big game tag
5540-5349is invalid and the person shall forfeit the big game permit or big game tag to the division. H.B. 30 Enrolled Copy
6083+5887Rulemaking Act, or a proclamation of the Wildlife Board.
6084+5888 Section 236. Section 23A-15-101, which is renumbered from Section 23-29-102 is
6085+5889renumbered and amended to read:
6086+5890 CHAPTER 15. WOLF MANAGEMENT ACT
6087+5891 [23-29-102]. 23A-15-101. Definitions.
6088+5892 As used in this chapter:
6089+5893 (1) "Endangered Species Act" means the Endangered Species Act of 1973, 16 U.S.C.
6090+5894Sec. 1531 et seq.
6091+5895 [(1)] (2) "Service" means the United States Fish and Wildlife Service.
6092+5896 [(2)] (3) "Wolf" means the species Canis lupus.
6093+5897 Section 237. Section 23A-15-102, which is renumbered from Section 23-29-103 is
6094+5898renumbered and amended to read:
6095+5899 [23-29-103]. 23A-15-102. Legislative findings and declarations.
6096+5900 (1) Section [23-14-1] 23A-2-201 appoints the division as trustee and custodian of
6097+5901protected wildlife in the state.
6098+5902 (2) The wolf [is] has been listed as endangered under the federal Endangered Species
6099+5903Act throughout the greater portion of the state.
6100+5904 (3) The service is the federal agency charged with responsibility to administer the
6101+5905Endangered Species Act.
6102+5906 (4) The service acknowledges that Utah is not critical to the recovery of wolves and
6103+5907that it does not intend to actively recover wolves in the state.
6104+5908 (5) The division prepared a wolf management plan outlining [its] the division's
6105+5909management objectives for the wolf in Utah when the wolf was delisted and removed from
6106+5910federal control.
6107+5911 (6) The wolf management plan prepared by the division was formally submitted to the
6108+5912service in 2007 for approval.
6109+5913 (7) The service has neither approved, denied, nor otherwise commented on the plan
6110+5914since receiving it in 2007.
6111+5915 (8) The state formally requested, in writing on multiple occasions, that the service
6112+5916delist the wolf throughout Utah, and the service has failed to acknowledge or otherwise
6113+5917respond to [any of] the requests. H.B. 30 12-19-22 10:31 PM
55416114 - 192 -
5542-5350 (b) This Subsection (2) does not apply if:
5543-5351 (i) a citation is issued for a rule violation described in Subsection (2)(a); or
5544-5352 (ii) a warning citation for a violation described in Subsection (2)(a) is issued.
5545-5353 (3) The division may grant a season extension to a valid, unfilled big game permit
5546-5354opportunity that was invalidated and forfeited under Subsection (2) if:
5547-5355 (a) the criminal charges associated with the big game permit forfeiture are dismissed,
5548-5356with prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
5549-5357 (b) the person issued the big game permit that is forfeited requests the division in
5550-5358writing within 60 days of a final action dismissing or acquitting that person of the criminal
5551-5359charges that led to the big game permit forfeiture;
5552-5360 (c) the season extension is granted for the same species and sex, hunt unit, and season
5553-5361dates associated with the forfeited big game permit, as established by the Wildlife Board in the
5554-5362hunt year of the extension; and
5555-5363 (d) the extension occurs in the first season immediately following dismissal of or
5556-5364acquittal on the criminal charges described in Subsection (3)(a).
5557-5365 Section 207. Section 23A-11-202, which is renumbered from Section 23-16-6 is
5558-5366renumbered and amended to read:
5559-5367 [23-16-6]. 23A-11-202. Commencement date of general rifle deer season.
5560-5368 The general rifle deer season may not commence each year before October 1.
5561-5369 Section 208. Section 23A-11-203, which is renumbered from Section 23-16-11 is
5562-5370renumbered and amended to read:
5563-5371 [23-16-11]. 23A-11-203. Big game baiting prohibited.
5564-5372 (1) As used in this section:
5565-5373 (a) (i) "Bait" means intentionally placing food or nutrient substances to manipulate the
5566-5374behavior of wildlife for the purpose of taking or attempting to take big game.
5567-5375 (ii) "Bait" does not include:
5568-5376 (A) the use of salt, mineral blocks, or other commonly used types of livestock
5569-5377supplements placed in the field by agricultural producers for normal agricultural purposes; or Enrolled Copy H.B. 30
6115+5918 (9) The state cannot adequately or effectively manage wolves on a pack level in the
6116+5919small area of the state where the species is currently delisted without significantly harming
6117+5920other vital state interests, including livestock and big game populations.
6118+5921 (10) It is the policy of the state to legally advocate and facilitate the delisting of wolves
6119+5922in Utah under the Endangered Species Act and to return wolf management authority to the
6120+5923state.
6121+5924 Section 238. Section 23A-15-201, which is renumbered from Section 23-29-201 is
6122+5925renumbered and amended to read:
6123+5926 Part 2. Wolf Management
6124+5927 [23-29-201]. 23A-15-201. Wolf management.
6125+5928 (1) The division shall contact the service upon discovering a wolf in [any] an area of
6126+5929the state where wolves are listed as threatened or endangered under the Endangered Species
6127+5930Act and request immediate removal of the animal from the state.
6128+5931 (2) The division shall manage wolves to prevent the establishment of a viable pack in
6129+5932all areas of the state where the wolf is not listed as threatened or endangered under the
6130+5933Endangered Species Act until the wolf is completely delisted under the act and removed from
6131+5934federal control in the entire state.
6132+5935 (3) Subsections (1) and (2) do not apply to wolves lawfully held in captivity and
6133+5936restrained.
6134+5937 Section 239. Section 23A-15-202, which is renumbered from Section 23-29-202 is
6135+5938renumbered and amended to read:
6136+5939 [23-29-202]. 23A-15-202. Rulemaking.
6137+5940 The [division] Wildlife Board may make administrative rules in accordance with Title
6138+594163G, Chapter 3, Utah Administrative Rulemaking Act, to manage the wolf in accordance with
6139+5942this chapter.
6140+5943 Section 240. Repealer.
6141+5944 This bill repeals:
6142+5945 Section 23-13-1, Title.
6143+5946 Section 23-13-16, Judicial notice of proclamations.
6144+5947 Section 23-14-2.1, Procedures -- Adjudicative proceedings.
6145+5948 Section 23-14-11, Official seal of division. 12-19-22 10:31 PM H.B. 30
55706146 - 193 -
5571-5378 (B) standing crops, natural vegetation, harvested croplands, or lands or areas where
5572-5379seeds or grains have been scattered solely as the result of a normal agricultural planting,
5573-5380harvesting, post-harvest manipulation, or normal soil stabilization practice.
5574-5381 (b) "Baited area" means [all] land within a 50-yard radius of the site where bait is
5575-5382placed, including the site where bait is placed.
5576-5383 (2) Unless authorized by a certificate of registration, [it is unlawful to] a person may
5577-5384not:
5578-5385 (a) bait big game;
5579-5386 (b) take big game in a baited area; or
5580-5387 (c) take big game that has been lured to or is traveling from a baited area.
5581-5388 (3) The division may only issue a certificate of registration to allow for the baiting of
5582-5389big game if the division determines that baiting is necessary to:
5583-5390 (a) alleviate substantial big game depredation on cultivated crops [or to]; or
5584-5391 (b) facilitate the removal of deer causing property damage within cities or towns.
5585-5392 Section 209. Section 23A-11-204, which is renumbered from Section 23-20-33 is
5586-5393renumbered and amended to read:
5587-5394 [23-20-33]. 23A-11-204. Limitation on compensating people to locate big game
5588-5395animals.
5589-5396 (1) As used in this section:
5590-5397 (a) "Compensate" or "compensated" means anything of value in excess of $25 that is
5591-5398paid, loaned, given, granted, donated, or transferred to a person for or in consideration of
5592-5399locating or monitoring the location of big game animals.
5593-5400 (b) "Retain" or "retained" means a written or oral agreement for the delivery of
5594-5401outfitting services or hunting guide services between an outfitter or hunting guide and the
5595-5402recipient of those services.
5596-5403 (2) Except as provided in Subsections (3) and (4), a person may not compensate
5597-5404another person to locate or monitor the location of big game animals on public land in
5598-5405connection with or furtherance of taking a big game animal under this title. H.B. 30 Enrolled Copy
5599-- 194 -
5600-5406 (3) A person may compensate a registered outfitter or hunting guide[, as defined in
5601-5407Section 58-79-102,] to help the person locate and take a big game animal on public land if:
5602-5408 (a) the outfitter or hunting guide is registered and in good standing under Title 58,
5603-5409Chapter 79, Hunting Guides and Outfitters Registration Act;
5604-5410 (b) the person has retained the outfitter or hunting guide and is the recipient of the
5605-5411outfitting services and hunting guide services, as defined in Section 58-79-102;
5606-5412 (c) the person possesses the licenses and permits required to take a big game animal;
5607-5413 (d) the person retains and uses not more than one outfitter or hunting guide in
5608-5414connection with taking a big game animal; and
5609-5415 (e) the retained outfitter or hunting guide uses no more than one compensated
5610-5416individual in locating or monitoring the location of big game animals on public land.
5611-5417 (4) A registered outfitter or registered hunting guide in good standing may compensate
5612-5418another person to locate or monitor the location of big game animals on public land if:
5613-5419 (a) the outfitter or hunting guide has been retained by the recipient of the outfitting
5614-5420services or hunting guide services to assist the recipient take a big game animal on public land;
5615-5421 (b) the recipient possesses the licenses and permits required to take a big game animal;
5616-5422 (c) the recipient is not simultaneously using another outfitter or hunting guide to assist
5617-5423in taking the same species and sex of big game animal; and
5618-5424 (d) the outfitter or hunting guide compensates not more than one other individual to
5619-5425locate or monitor the location of big game animals in connection with assisting the recipient
5620-5426take a big game animal on public land.
5621-5427 (5) A violation of:
5622-5428 (a) this section constitutes an unlawful take under Section [23-20-3] 23A-5-309; and
5623-5429 (b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502,
5624-5430and 58-79-501.
5625-5431 Section 210. Section 23A-11-205, which is renumbered from Section 23-20-31 is
5626-5432renumbered and amended to read:
5627-5433 [23-20-31]. 23A-11-205. Requirement to wear hunter orange -- Exceptions. Enrolled Copy H.B. 30
5628-- 195 -
5629-5434 (1) As used in this section:
5630-5435 (a) (i) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire rifle,
5631-5436except as provided in Subsection (1)(a)(ii).
5632-5437 (ii) "Centerfire rifle hunt" does not include:
5633-5438 (A) a bighorn sheep hunt;
5634-5439 (B) a mountain goat hunt;
5635-5440 (C) a bison hunt;
5636-5441 (D) a moose hunt;
5637-5442 (E) a hunt requiring the hunter to possess a statewide conservation permit; or
5638-5443 (F) a hunt requiring the hunter to possess a statewide sportsman permit.
5639-5444 (b) "Statewide conservation permit" means a permit:
5640-5445 (i) issued by the division;
5641-5446 (ii) distributed through a nonprofit organization founded for the purpose of promoting
5642-5447wildlife conservation; and
5643-5448 (iii) valid:
5644-5449 (A) on open hunting units statewide; and
5645-5450 (B) for the species of big game and time period designated by the Wildlife Board.
5646-5451 (c) "Statewide sportsman permit" means a permit:
5647-5452 (i) issued by the division through a public draw; and
5648-5453 (ii) valid:
5649-5454 (A) on open hunting units statewide; and
5650-5455 (B) for the species of big game and time period designated by the Wildlife Board.
5651-5456 (2) (a) A person shall wear a minimum of 400 square inches of hunter orange material
5652-5457while hunting [any] a species of big game, except as provided in Subsection (3).
5653-5458 (b) [Hunter] A person shall wear hunter orange material [shall be worn] on the head,
5654-5459chest, and back.
5655-5460 (3) A person is not required to wear the hunter orange material described in Subsection
5656-5461(2): H.B. 30 Enrolled Copy
5657-- 196 -
5658-5462 (a) during the following types of hunts, unless a centerfire rifle hunt is in progress in
5659-5463the same area:
5660-5464 (i) archery;
5661-5465 (ii) muzzle-loader;
5662-5466 (iii) mountain goat;
5663-5467 (iv) bighorn sheep;
5664-5468 (v) bison; or
5665-5469 (vi) moose; or
5666-5470 (b) as provided by a rule of the Wildlife Board made in accordance with Title 63G,
5667-5471Chapter 3, Utah Administrative Rulemaking Act.
5668-5472 Section 211. Section 23A-11-301, which is renumbered from Section 23-16-7 is
5669-5473renumbered and amended to read:
5670-5474 Part 3. Management
5671-5475 [23-16-7]. 23A-11-301. Deer and elk management plans -- Division to confer
5672-5476with others -- Target herd size objectives -- Reports.
5673-5477 (1) The [Division of Wildlife Resources] division shall:
5674-5478 (a) prepare a management plan for each deer and elk herd unit in the state; and
5675-5479 (b) submit the plans to the Wildlife Board for [their] the Wildlife Board's approval.
5676-5480 (2) Upon approval of a plan by the Wildlife Board, the division shall manage the herd
5677-5481unit [shall be managed] in accordance with the management plan.
5678-5482 (3) In preparing [the plans] a management plan, the division shall confer with federal
5679-5483and state land managers, private landowners, sportsmen, and ranchers.
5680-5484 (4) (a) [Each] A management plan shall establish target herd size objectives.
5681-5485 (b) In establishing target herd size objectives, the division and [board] Wildlife Board
5682-5486shall among other factors:
5683-5487 (i) consider available information on each unit's range carrying capacity and
5684-5488ownership; and
5685-5489 (ii) seek to balance relevant multiple uses for the range. Enrolled Copy H.B. 30
5686-- 197 -
5687-5490 (5) Until a management plan for a herd unit is prepared in accordance with this section
5688-5491and approved by the [board] Wildlife Board, the division shall manage the herd unit [shall be
5689-5492managed] to maintain the herd size as range conditions and available data dictate.
5690-5493 [(6) (a) Management plans shall be prepared by the division and approved by the board
5691-5494by the following dates:]
5692-5495 [(i) May 1, 1994 for elk; and]
5693-5496 [(ii) May 1, 1996 for deer.]
5694-5497 [(b) The division shall make:]
5695-5498 [(i) an annual progress report on the management plans to the Energy, Natural
5696-5499Resources and Agriculture Interim Committee until the plans are completed; and]
5697-5500 [(ii) a final report to the committee:]
5698-5501 [(A) at the committee's May 1994 meeting for elk; and]
5699-5502 [(B) at the committee's May 1996 meeting for deer.]
5700-5503 [(7) The management plans may be revised as the division or board determines
5701-5504necessary. Any]
5702-5505 (6) The division or Wildlife Board may revise a management plan as the division or
5703-5506Wildlife Board determines necessary. A revised plan shall be prepared in accordance with
5704-5507Subsections (3) and (4).
5705-5508 Section 212. Section 23A-11-302, which is renumbered from Section 23-16-10 is
5706-5509renumbered and amended to read:
5707-5510 [23-16-10]. 23A-11-302. Big game protection -- Director authority.
5708-5511 (1) It is the policy of the state that big game animals are of great importance to the
5709-5512citizens of the state, the citizen's quality of life, and the long term sustainability of the herds for
5710-5513future generations.
5711-5514 [(2) As used in this section:]
5712-5515 [(a) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5713-5516and bison.]
5714-5517 [(b) "Director" means the director of the Division of Wildlife Resources.] H.B. 30 Enrolled Copy
5715-- 198 -
5716-5518 [(c) "Management unit" means a prescribed area of contiguous land designated by the
5717-5519Division of Wildlife Resources for the purpose of managing a species of big game animal.]
5718-5520 [(d) "Predator" means a cougar, bear, and coyote.]
5719-5521 [(3)] (2) (a) Unless the condition described in Subsection [(3)] (2)(b) is determined, the
5720-5522director shall take immediate action to reduce the number of predators within a management
5721-5523unit when the big game population is under the established herd size objective for that
5722-5524management unit.
5723-5525 (b) Subsection [(3)] (2)(a) does not apply if the [Division of Wildlife Resources]
5724-5526division determines that predators are not significantly contributing to the big game population
5725-5527being under the herd size objective for the management unit.
5726-5528 [(4)] (3) Immediate action under Subsection [(3)] (2) includes any of the following
5727-5529management tools:
5728-5530 (a) increasing take permits or tags for cougar and bear until the herd size objective is
5729-5531met;
5730-5532 (b) allowing big game hunters to harvest predators with the appropriate permit during a
5731-5533big game hunting season, including issuing over-the-counter predator permits;
5732-5534 (c) professional trapping and predator control by the United States Department of
5733-5535Agriculture Wildlife Services, private contracts, and the general public, including aerial control
5734-5536measures; and
5735-5537 (d) other management tools as determined by the director.
5736-5538 [(5)] (4) The director shall annually give a status report on predator control measures
5737-5539implemented pursuant to this chapter and Chapter 8, Part 4, Damage by Big Game, to the
5738-5540Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee and
5739-5541Natural Resources, Agriculture, and Environment Interim Committee.
5740-5542 Section 213. Section 23A-11-401, which is renumbered from Section 23-30-102 is
5741-5543renumbered and amended to read:
5742-5544 Part 4. Mule Deer Protection
5743-5545 [23-30-102]. 23A-11-401. Definitions. Enrolled Copy H.B. 30
5744-- 199 -
5745-5546 As used in this [chapter] part:
5746-5547 (1) "General predator control" means a predatory animal removal effort by the division
5747-5548to reduce predatory animal numbers for the benefit of mule deer.
5748-5549 (2) ["Predatory] Notwithstanding Section 23A-8-101, "predatory animal" means a
5749-5550coyote.
5750-5551 (3) "Targeted predator control" means a predatory animal removal effort by the
5751-5552division:
5752-5553 (a) to reduce predatory animal numbers in an area where mule deer predation occurs;
5753-5554and
5754-5555 (b) that focuses on specific locations and certain times.
5755-5556 Section 214. Section 23A-11-402, which is renumbered from Section 23-30-104 is
5756-5557renumbered and amended to read:
5757-5558 [23-30-104]. 23A-11-402. Rulemaking authority, coordination, and
5758-5559administration for predator control.
5759-5560 (1) The [division] Wildlife Board may make rules, in accordance with Title 63G,
5760-5561Chapter 3, Utah Administrative Rulemaking Act, to establish programs to accomplish targeted
5761-5562predator control or general predator control, including programs that offer incentives or
5762-5563compensation to participants who remove a predatory animal that is detrimental to mule deer
5763-5564production.
5764-5565 (2) The division shall:
5765-5566 (a) administer a program established under Subsection (1);
5766-5567 (b) coordinate with federal, state, and local governments, and private persons to
5767-5568accomplish the purposes of this [chapter] part; and
5768-5569 (c) coordinate with the Department of Agriculture and Food and the Agriculture and
5769-5570Wildlife Damage Prevention Board created in Section 4-23-104 to:
5770-5571 (i) minimize unnecessary duplication of predator control efforts; and
5771-5572 (ii) prevent interference between predator control programs administered under Title 4,
5772-5573Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this [chapter] part. H.B. 30 Enrolled Copy
5773-- 200 -
5774-5574 (3) The division may:
5775-5575 (a) contract with a vendor that offers targeted predator control services; and
5776-5576 (b) prepare and distribute educational and training materials related to mule deer
5777-5577protection.
5778-5578 Section 215. Section 23A-12-101 is enacted to read:
5779-5579 CHAPTER 12. BIRDS IN GENERAL
5780-5580 Part 1. General Provisions
5781-5581 23A-12-101. Definitions.
5782-5582 Reserved.
5783-5583 Section 216. Section 23A-12-201, which is renumbered from Section 23-17-5.2 is
5784-5584renumbered and amended to read:
5785-5585 Part 2. Hunting of Birds
5786-5586 [23-17-5.2]. 23A-12-201. General season turkey hunts.
5787-5587 The Wildlife Board may establish two general season turkey hunts per year.
5788-5588 Section 217. Section 23A-12-202, which is renumbered from Section 23-17-6 is
5789-5589renumbered and amended to read:
5790-5590 [23-17-6]. 23A-12-202. Commercial hunting area -- Registration --
5791-5591Requirements for hunters.
5792-5592 (1) (a) A person desiring to operate a commercial hunting area within the state to
5793-5593permit the releasing and shooting of pen-raised birds may apply to the Wildlife Board for
5794-5594authorization to do so.
5795-5595 (b) The Wildlife Board may issue the applicant a certificate of registration to operate a
5796-5596commercial hunting area in accordance with rules prescribed by the [board] Wildlife Board in
5797-5597accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5798-5598 (c) The Wildlife Board may determine the number of commercial hunting areas that
5799-5599may be established in each county of the state.
5800-5600 (2) (a) A certificate of registration issued under Subsection (1) shall specify the species
5801-5601of birds that the applicant may propagate, keep, and release for shooting on the area covered by Enrolled Copy H.B. 30
5802-- 201 -
5803-5602the certificate of registration.
5804-5603 (b) The applicant may charge a fee for harvesting the birds specified under Subsection
5805-5604(2)(a).
5806-5605 (3) (a) A person hunting within the state on a commercial hunting area shall:
5807-5606 (i) (A) possess proof of passing a division-approved hunter education course, if the
5808-5607person was born after December 31, 1965; or
5809-5608 (B) possess a trial hunting authorization issued under Section [23-19-14.6] 23A-4-701;
5810-5609 (ii) comply with the accompaniment requirements of Sections [23-19-14.6 and
5811-561023-20-20 ] 23A-4-701 and 23A-4-708, if applicable; and
5812-5611 (iii) have the permission of the owner or operator of the commercial hunting area.
5813-5612 (b) The operator of a commercial hunting area shall verify that each hunter on the
5814-5613commercial hunting area meets the requirements of Subsection (3)(a)(i).
5815-5614 (4) Hunting on commercial hunting areas is permitted only during the commercial
5816-5615hunting area season prescribed by the Wildlife Board.
5817-5616 Section 218. Section 23A-12-203, which is renumbered from Section 23-17-7 is
5818-5617renumbered and amended to read:
5819-5618 [23-17-7]. 23A-12-203. Falconry authorized.
5820-5619 The Wildlife Board may authorize the practice of falconry within the state [of Utah] and
5821-5620the capturing and keeping in possession of birds to be used in the practice of falconry under
5822-5621rules [and regulations specified by it] made by the Wildlife Board in accordance with Title
5823-562263G, Chapter 3, Utah Administrative Rulemaking Act.
5824-5623 Section 219. Section 23A-12-204, which is renumbered from Section 23-17-8 is
5825-5624renumbered and amended to read:
5826-5625 [23-17-8]. 23A-12-204. Dog field meets.
5827-5626 (1) [It is lawful within the state to hold dog field meets or trials] Subject to Subsection
5828-5627(2), a person may hold within the state a dog field meet or trial where dogs are permitted to
5829-5628work in exhibition or contest where the skill of dogs is demonstrated by locating or retrieving
5830-5629birds [which] that have been obtained from a legal source. H.B. 30 Enrolled Copy
5831-- 202 -
5832-5630 (2) Before [any] a meet or trial is held, [application shall be made] a person shall apply
5833-5631in writing to the [Division of Wildlife Resources] division, which may authorize the meet or
5834-5632trial under rules [and regulations promulgated] made by the Wildlife Board in accordance with
5835-5633Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5836-5634 Section 220. Section 23A-12-205, which is renumbered from Section 23-17-9 is
5837-5635renumbered and amended to read:
5838-5636 [23-17-9]. 23A-12-205. Training of dogs -- Use of protected or privately owned
5839-5637wildlife.
5840-5638 The Wildlife Board may authorize the use of protected wildlife or privately owned
5841-5639wildlife for the training of dogs within the state [of Utah] under rules [and regulations it may
5842-5640promulgate] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
5843-5641Administrative Rulemaking Act.
5844-5642 Section 221. Section 23A-12-301, which is renumbered from Section 23-32-102 is
5845-5643renumbered and amended to read:
5846-5644 Part 3. Waterfowl Management Areas Act
5847-5645 [23-32-102]. 23A-12-301. Definitions.
5848-5646 (1) The definitions in Section 58-79-102 apply to this [chapter] part.
5849-5647 (2) (a) As used in this [chapter] part, "waterfowl management area" means real
5850-5648property owned or managed by the [Division of Wildlife Resources] division that is:
5851-5649 (i) primarily used for the conservation, production, or recreational harvest of ducks,
5852-5650mergansers, geese, brant, swans, and other waterfowl; and
5853-5651 (ii) designated as a waterfowl management area by the Wildlife Board in accordance
5854-5652with Section [23-32-104] 23A-12-303.
5855-5653 (b) "Waterfowl management area" includes the Willard Spur Waterfowl Management
5856-5654Area and the Harold Crane Waterfowl Management Area described in Section [23-21-5]
5857-565523A-6-403.
5858-5656 Section 222. Section 23A-12-302, which is renumbered from Section 23-32-103 is
5859-5657renumbered and amended to read: Enrolled Copy H.B. 30
5860-- 203 -
5861-5658 [23-32-103]. 23A-12-302. Prohibited activities.
5862-5659 (1) A commercial hunting guide or outfitter may not use a waterfowl management area
5863-5660for any of the following, unless the commercial hunting guide or outfitter has an annual permit,
5864-5661issued by the Wildlife Board pursuant to this [chapter] part, for the use:
5865-5662 (a) hunting guide services or outfitter services; or
5866-5663 (b) transportation of an individual to another area for the purpose of providing hunting
5867-5664guide services or outfitter services.
5868-5665 (2) An individual may not construct a permanent blind or other permanent structure
5869-5666that is used for hunting within the boundaries of a waterfowl management area.
5870-5667 Section 223. Section 23A-12-303, which is renumbered from Section 23-32-104 is
5871-5668renumbered and amended to read:
5872-5669 [23-32-104]. 23A-12-303. Rulemaking -- Notice.
5873-5670 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5874-5671Wildlife Board shall make rules:
5875-5672 (a) designating and establishing the boundaries of a waterfowl management area;
5876-5673 (b) governing the management and use of a waterfowl management area in accordance
5877-5674with [the provisions of this chapter] this part; and
5878-5675 (c) to create an annual permit process by which commercial hunting guides and
5879-5676outfitters may use waterfowl management areas in accordance with [the provisions of this
5880-5677chapter] this part.
5881-5678 (2) The annual permit process described in Subsection (1)(c) shall:
5882-5679 (a) preserve the opportunity for non-guided hunters to use waterfowl management
5883-5680areas; and
5884-5681 (b) require a permit holder to comply with safety standards established by the Wildlife
5885-5682Board.
5886-5683 (3) The division shall provide an annual report to the Natural Resources, Agriculture,
5887-5684and Environment Interim Committee regarding any rules made or changed in accordance with
5888-5685this [chapter] part. H.B. 30 Enrolled Copy
5889-- 204 -
5890-5686 (4) The Wildlife Board shall publish a map of the boundaries of each waterfowl
5891-5687management area.
5892-5688 (5) Nothing in this [chapter] part modifies or limits:
5893-5689 (a) [the provisions of Section 23-21-5] Section 23A-6-403, or the discretion of the
5894-5690division to manage waterfowl management areas for other beneficial purposes, including for
5895-5691the benefit of the public, shorebirds, waterfowl, and other protected wildlife; or
5896-5692 (b) the authority of the division, the director [of the division], or the Wildlife Board
5897-5693under [Title 23, Chapter 21] Chapter 6, Lands and Waters for Wildlife Purposes.
5898-5694 Section 224. Section 23A-13-101, which is renumbered from Section 23-28-102 is
5899-5695renumbered and amended to read:
5900-5696 CHAPTER 13. MIGRATORY BIRD PRODUCTION AREA
5901-5697 Part 1. General Provisions
5902-5698 [23-28-102]. 23A-13-101. Definitions.
5903-5699 As used in this chapter:
5904-5700 (1) "Migratory bird" [is as] means the same as that term is defined in 16 U.S.C. Sec.
5905-5701715j.
5906-5702 (2) "Migratory bird production area" means an area of land that is:
5907-5703 (a) created under this chapter; and
5908-5704 (b) used according to the description in Subsections [23-28-201]
5909-570523A-13-201(1)(b)(iii)(A) [through] and (B).
5910-5706 Section 225. Section 23A-13-201, which is renumbered from Section 23-28-201 is
5911-5707renumbered and amended to read:
5912-5708 Part 2. Migratory Bird Production Area
5913-5709 [23-28-201]. 23A-13-201. Creation of a migratory bird production area.
5914-5710 (1) (a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres
5915-5711of land in an unincorporated area may dedicate the land as a migratory bird production area by
5916-5712filing a notice of dedication with the county recorder of the county in which the land is located.
5917-5713 (b) The notice of dedication shall contain: Enrolled Copy H.B. 30
5918-- 205 -
5919-5714 (i) the legal description of the land included within the migratory bird production area;
5920-5715 (ii) the name of the owner or owners of the land included within the migratory bird
5921-5716production area; and
5922-5717 (iii) an affidavit signed by each landowner that all of the land, except as provided by
5923-5718Subsection (2), within the migratory bird production area is:
5924-5719 (A) actively managed for migratory bird:
5925-5720 (I) production;
5926-5721 (II) habitat; or
5927-5722 (III) hunting; and
5928-5723 (B) used for a purpose compatible with the purposes described in Subsection
5929-5724(1)(b)(iii)(A).
5930-5725 (c) A person who files a notice of dedication under this section shall give a copy of the
5931-5726notice of dedication within 10 days of its filing to the legislative body of the county in which
5932-5727the migratory bird production area is located.
5933-5728 (2) (a) The notice of dedication may designate land, the amount of which is less than
5934-57291% of the total acreage within a migratory bird production area, upon which the landowner
5935-5730may build a structure described in Subsection [23-28-302] 23A-13-302(1)(c).
5936-5731 (b) (i) An owner may build or maintain a road, dike, or water control structure within
5937-5732the migratory bird production area.
5938-5733 (ii) A road, dike, or water control structure is not considered a structure for purposes of
5939-5734Subsection (2)(a).
5940-5735 (3) (a) Within 30 days of the day on which the county legislative body receives a copy
5941-5736of the notice of dedication under Subsection (1)(c), the county legislative body may bring an
5942-5737action in district court to cancel or revise a migratory bird production area on the basis that an
5943-5738affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
5944-5739 (b) In bringing the action, the county legislative body shall specify the portion of the
5945-5740migratory bird production area and the affidavit subject to the action.
5946-5741 (c) In an action brought under this Subsection (3), the person who files an affidavit H.B. 30 Enrolled Copy
5947-- 206 -
5948-5742described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that
5949-5743the affidavit is accurate.
5950-5744 (d) If the court cancels or revises a migratory bird production area, the person who filed
5951-5745the original notice of dedication shall file a revision notice with the county recorder reflecting
5952-5746the court's order.
5953-5747 (4) In accordance with Section [23-28-202] 23A-13-202, a person may at any time add
5954-5748land to a migratory bird production area created under this section.
5955-5749 Section 226. Section 23A-13-202, which is renumbered from Section 23-28-202 is
5956-5750renumbered and amended to read:
5957-5751 [23-28-202]. 23A-13-202. Adding to or removing land from a migratory
5958-5752bird production area.
5959-5753 (1) Subject to the other provisions of this section, a landowner may file a revision
5960-5754notice with the county recorder of the county in which the migratory bird production area is
5961-5755located to add land to or remove land from a migratory bird production area.
5962-5756 (2) The revision notice shall contain:
5963-5757 (a) a legal description of the land added to or removed from the migratory bird
5964-5758production area; and
5965-5759 (b) the name of the owner or owners of the land added to or removed from the
5966-5760migratory bird production area.
5967-5761 (3) A person who files a revision notice under this section shall give a copy of the
5968-5762revision notice within 10 days of its filing to the legislative body of the county in which the
5969-5763migratory bird production area is located.
5970-5764 (4) If removing land from a migratory bird production area results in a migratory bird
5971-5765production area of less than 300 contiguous acres:
5972-5766 (a) the migratory bird production area ceases to exist; and
5973-5767 (b) the landowner shall:
5974-5768 (i) notify each landowner within the former migratory bird production area; and
5975-5769 (ii) file the revision notice required by this section for the entire migratory bird Enrolled Copy H.B. 30
5976-- 207 -
5977-5770production area.
5978-5771 (5) A landowner may add land to a migratory bird production area only if:
5979-5772 (a) the land to be added is contiguous to the migratory bird production area; and
5980-5773 (b) all the landowners of the contiguous land to be added to the migratory bird
5981-5774production area consent to the contiguous land being added to the migratory bird production
5982-5775area.
5983-5776 (6) A landowner of a migratory bird production area may include an easement in the
5984-5777migratory bird production area if:
5985-5778 (a) the landowner owns the easement;
5986-5779 (b) the easement is on land that is contiguous to the migratory bird production area;
5987-5780and
5988-5781 (c) the owner of the land where the easement is located consents to the easement being
5989-5782included in the migratory bird production area.
5990-5783 Section 227. Section 23A-13-301, which is renumbered from Section 23-28-301 is
5991-5784renumbered and amended to read:
5992-5785 Part 3. Protections
5993-5786 [23-28-301]. 23A-13-301. Farmland Assessment Act.
5994-5787 (1) Creation of a migratory bird production area does not impair the ability of land
5995-5788within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part
5996-57895, Farmland Assessment Act.
5997-5790 (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland
5998-5791Assessment Act, is determined exclusively by [the provisions of] that act, notwithstanding the
5999-5792land's location within a migratory bird production area.
6000-5793 Section 228. Section 23A-13-302, which is renumbered from Section 23-28-302 is
6001-5794renumbered and amended to read:
6002-5795 [23-28-302]. 23A-13-302. Limitations on local regulations.
6003-5796 (1) (a) A county within which a migratory bird production area is located shall
6004-5797encourage the continuity, development, and viability of the migratory bird production area. H.B. 30 Enrolled Copy
6005-- 208 -
6006-5798 (b) Except as otherwise specifically provided in this chapter, the purposes, uses, and
6007-5799activities of a migratory bird production area described in this chapter are afforded the highest
6008-5800priority of use status.
6009-5801 (c) A structure, improvement, or activity historically or customarily used in
6010-5802conjunction with a migratory bird production area is considered a permitted use under the
6011-5803county's zoning law, ordinance, or regulation.
6012-5804 (2) A county within which a migratory bird production area is located may not:
6013-5805 (a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally
6014-5806associated with the migratory bird production area;
6015-5807 (b) change the zoning designation of, or a zoning regulation applying to land within a
6016-5808migratory bird production area unless the county receives written approval for the change from
6017-5809all the landowners within the migratory bird production area; or
6018-5810 (c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of
6019-5811a firearm on a migratory bird production area.
6020-5812 (3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if
6021-5813it restricts or impairs the purposes, uses, and activities historically or customarily associated
6022-5814with a migratory bird production area.
6023-5815 Section 229. Section 23A-13-303, which is renumbered from Section 23-28-303 is
6024-5816renumbered and amended to read:
6025-5817 [23-28-303]. 23A-13-303. Nuisances.
6026-5818 (1) (a) A county shall exclude the activities described in Subsection (1)(b) from the
6027-5819definition of public nuisance in a county law or ordinance regulating a public nuisance.
6028-5820 (b) An activity or occurrence normally associated with a migratory bird production area
6029-5821is not a nuisance, including:
6030-5822 (i) hunting;
6031-5823 (ii) discharging a firearm;
6032-5824 (iii) improving habitat;
6033-5825 (iv) trapping; Enrolled Copy H.B. 30
6034-- 209 -
6035-5826 (v) eradicating weeds;
6036-5827 (vi) discing;
6037-5828 (vii) planting;
6038-5829 (viii) impounding water;
6039-5830 (ix) raising a bird or other domestic animal;
6040-5831 (x) grazing;
6041-5832 (xi) an activity conducted in the normal course of an agricultural operation as defined
6042-5833in Section 4-44-102; and
6043-5834 (xii) an odor.
6044-5835 (2) In a civil action for nuisance or a criminal action for public nuisance under Section
6045-583676-10-803, it is a complete defense if the action is:
6046-5837 (a) normally associated with a migratory bird production area;
6047-5838 (b) conducted within a migratory bird production area; and
6048-5839 (c) not in violation of [any] federal or state law.
6049-5840 (3) An owner of a new development located in whole or in part within 1,000 feet of a
6050-5841migratory bird production area shall provide the following notice on [any] a plat filed with the
6051-5842county recorder:
6052-5843 "Migratory Bird Production Area
6053-5844 This property is located in the vicinity of an established migratory bird production area
6054-5845in which hunting and activities related to the management and operation of land for the benefit
6055-5846of migratory birds have been afforded the highest priority use status. It can be anticipated that
6056-5847these uses and activities may now or in the future be conducted on land within the migratory
6057-5848bird production area. The use and enjoyment of this property is expressly conditioned on
6058-5849acceptance of any annoyance or inconvenience that may result from activities normally
6059-5850associated with a migratory bird production area."
6060-5851 Section 230. Section 23A-13-304, which is renumbered from Section 23-28-304 is
6061-5852renumbered and amended to read:
6062-5853 [23-28-304]. 23A-13-304. Annexation restrictions. H.B. 30 Enrolled Copy
6063-- 210 -
6064-5854 A municipality may annex real property within a migratory bird production area as
6065-5855provided by Title 10, Chapter 2, Part 4, Annexation.
6066-5856 Section 231. Section 23A-13-305, which is renumbered from Section 23-28-305 is
6067-5857renumbered and amended to read:
6068-5858 [23-28-305]. 23A-13-305. Application of Water Quality Act.
6069-5859 A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act.
6070-5860 Section 232. Section 23A-14-101 is enacted to read:
6071-5861 CHAPTER 14. FURBEARERS
6072-5862 Part 1. General Provisions
6073-5863 23A-14-101. Definitions.
6074-5864 Reserved.
6075-5865 Section 233. Section 23A-14-201, which is renumbered from Section 23-18-2 is
6076-5866renumbered and amended to read:
6077-5867 Part 2. Taking of Furbearers
6078-5868 [23-18-2]. 23A-14-201. Taking of furbearers.
6079-5869 [Any] A person holding a furbearer license may take [furbearers] a furbearer in
6080-5870accordance with the rules [promulgated] made by the Wildlife Board in accordance with Title
6081-587163G, Chapter 3, Utah Administrative Rulemaking Act.
6082-5872 Section 234. Section 23A-14-202, which is renumbered from Section 23-18-3 is
6083-5873renumbered and amended to read:
6084-5874 [23-18-3]. 23A-14-202. Trapping on lands controlled by division governed by
6085-5875Wildlife Board.
6086-5876 [All trapping] The Wildlife Board shall govern trapping on lands controlled by the
6087-5877[Division of Wildlife Resources shall be governed by the Wildlife Board] division.
6088-5878 Section 235. Section 23A-14-203, which is renumbered from Section 23-18-6 is
6089-5879renumbered and amended to read:
6090-5880 [23-18-6]. 23A-14-203. Taking red fox or striped skunk.
6091-5881 Red fox or striped skunk may be taken anytime without a license as provided by this Enrolled Copy H.B. 30
6092-- 211 -
6093-5882title [or rules], a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
6094-5883Rulemaking Act, or a proclamation of the Wildlife Board.
6095-5884 Section 236. Section 23A-15-101, which is renumbered from Section 23-29-102 is
6096-5885renumbered and amended to read:
6097-5886 CHAPTER 15. WOLF MANAGEMENT ACT
6098-5887 [23-29-102]. 23A-15-101. Definitions.
6099-5888 As used in this chapter:
6100-5889 (1) "Endangered Species Act" means the Endangered Species Act of 1973, 16 U.S.C.
6101-5890Sec. 1531 et seq.
6102-5891 [(1)] (2) "Service" means the United States Fish and Wildlife Service.
6103-5892 [(2)] (3) "Wolf" means the species Canis lupus.
6104-5893 Section 237. Section 23A-15-102, which is renumbered from Section 23-29-103 is
6105-5894renumbered and amended to read:
6106-5895 [23-29-103]. 23A-15-102. Legislative findings and declarations.
6107-5896 (1) Section [23-14-1] 23A-2-201 appoints the division as trustee and custodian of
6108-5897protected wildlife in the state.
6109-5898 (2) The wolf [is] has been listed as endangered under the federal Endangered Species
6110-5899Act throughout the greater portion of the state.
6111-5900 (3) The service is the federal agency charged with responsibility to administer the
6112-5901Endangered Species Act.
6113-5902 (4) The service acknowledges that Utah is not critical to the recovery of wolves and
6114-5903that it does not intend to actively recover wolves in the state.
6115-5904 (5) The division prepared a wolf management plan outlining [its] the division's
6116-5905management objectives for the wolf in Utah when the wolf was delisted and removed from
6117-5906federal control.
6118-5907 (6) The wolf management plan prepared by the division was formally submitted to the
6119-5908service in 2007 for approval.
6120-5909 (7) The service has neither approved, denied, nor otherwise commented on the plan H.B. 30 Enrolled Copy
6121-- 212 -
6122-5910since receiving it in 2007.
6123-5911 (8) The state formally requested, in writing on multiple occasions, that the service
6124-5912delist the wolf throughout Utah, and the service has failed to acknowledge or otherwise
6125-5913respond to [any of] the requests.
6126-5914 (9) The state cannot adequately or effectively manage wolves on a pack level in the
6127-5915small area of the state where the species is currently delisted without significantly harming
6128-5916other vital state interests, including livestock and big game populations.
6129-5917 (10) It is the policy of the state to legally advocate and facilitate the delisting of wolves
6130-5918in Utah under the Endangered Species Act and to return wolf management authority to the
6131-5919state.
6132-5920 Section 238. Section 23A-15-201, which is renumbered from Section 23-29-201 is
6133-5921renumbered and amended to read:
6134-5922 Part 2. Wolf Management
6135-5923 [23-29-201]. 23A-15-201. Wolf management.
6136-5924 (1) The division shall contact the service upon discovering a wolf in [any] an area of
6137-5925the state where wolves are listed as threatened or endangered under the Endangered Species
6138-5926Act and request immediate removal of the animal from the state.
6139-5927 (2) The division shall manage wolves to prevent the establishment of a viable pack in
6140-5928all areas of the state where the wolf is not listed as threatened or endangered under the
6141-5929Endangered Species Act until the wolf is completely delisted under the act and removed from
6142-5930federal control in the entire state.
6143-5931 (3) Subsections (1) and (2) do not apply to wolves lawfully held in captivity and
6144-5932restrained.
6145-5933 Section 239. Section 23A-15-202, which is renumbered from Section 23-29-202 is
6146-5934renumbered and amended to read:
6147-5935 [23-29-202]. 23A-15-202. Rulemaking.
6148-5936 The [division] Wildlife Board may make administrative rules in accordance with Title
6149-593763G, Chapter 3, Utah Administrative Rulemaking Act, to manage the wolf in accordance with Enrolled Copy H.B. 30
6150-- 213 -
6151-5938this chapter.
6152-5939 Section 240. Repealer.
6153-5940 This bill repeals:
6154-5941 Section 23-13-1, Title.
6155-5942 Section 23-13-16, Judicial notice of proclamations.
6156-5943 Section 23-14-2.1, Procedures -- Adjudicative proceedings.
6157-5944 Section 23-14-11, Official seal of division.
6158-5945 Section 23-14-16, Unexpended fund balances converted to general fund account.
6159-5946 Section 23-17-5, Damages for destroyed crops -- Limitations -- Appraisal.
6160-5947 Section 23-20-23, Aiding or assisting violation unlawful.
6161-5948 Section 23-21a-1, Short title.
6162-5949 Section 23-21a-2, Legislative findings and policy.
6163-5950 Section 23-21a-3, State to condemn and purchase islands in Great Salt Lake --
6164-5951Protection of American white pelican.
6165-5952 Section 23-21a-4, Payment of fair market value to landowners -- Impartial
6166-5953appraisal.
6167-5954 Section 23-21a-5, Mineral rights retained by landowners -- Oil discovery.
6168-5955 Section 23-21a-6, Nonlapsing appropriation for appraisal and purchase.
6169-5956 Section 23-25-1, Short title.
6170-5957 Section 23-25-12, Title.
6171-5958 Section 23-27-101, Title.
6172-5959 Section 23-28-101, Title.
6173-5960 Section 23-29-101, Title.
6174-5961 Section 23-30-101, Title.
6175-5962 Section 23-31-101, Title.
6176-5963 Section 23-32-101, Title.
6177-5964 Section 241. Effective date.
6178-5965 This bill takes effect on July 1, 2023. H.B. 30 Enrolled Copy
6179-- 214 -
6180-5966 Section 242. Revisor instructions.
6181-5967 The Legislature intends that the Office of Legislative Research and General Counsel, in
6182-5968preparing the Utah Code database for publication, not enroll this bill if H.B. 31, Wildlife
6183-5969Resources Recodification Cross References, does not pass.
6147+5949 Section 23-14-16, Unexpended fund balances converted to general fund account.
6148+5950 Section 23-17-5, Damages for destroyed crops -- Limitations -- Appraisal.
6149+5951 Section 23-20-23, Aiding or assisting violation unlawful.
6150+5952 Section 23-21a-1, Short title.
6151+5953 Section 23-21a-2, Legislative findings and policy.
6152+5954 Section 23-21a-3, State to condemn and purchase islands in Great Salt Lake --
6153+5955Protection of American white pelican.
6154+5956 Section 23-21a-4, Payment of fair market value to landowners -- Impartial
6155+5957appraisal.
6156+5958 Section 23-21a-5, Mineral rights retained by landowners -- Oil discovery.
6157+5959 Section 23-21a-6, Nonlapsing appropriation for appraisal and purchase.
6158+5960 Section 23-25-1, Short title.
6159+5961 Section 23-25-12, Title.
6160+5962 Section 23-27-101, Title.
6161+5963 Section 23-28-101, Title.
6162+5964 Section 23-29-101, Title.
6163+5965 Section 23-30-101, Title.
6164+5966 Section 23-31-101, Title.
6165+5967 Section 23-32-101, Title.
6166+5968 Section 241. Effective date.
6167+5969 This bill takes effect on July 1, 2023.
6168+5970 Section 242. Revisor instructions.
6169+5971 The Legislature intends that the Office of Legislative Research and General Counsel, in
6170+5972preparing the Utah Code database for publication, not enroll this bill if H.B. 31, Wildlife
6171+5973Resources Recodification Cross References, does not pass.