Enrolled Copy H.B. 30
1 WILDLIFE RESOURCES CODE RECODI FICATION
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Casey Snider
5 Senate Sponsor: Scott D. Sandall
6
7LONG TITLE
8General Description:
9 This bill recodifies Title 23, Wildlife Resources Code of Utah.
10Highlighted Provisions:
11 This bill:
12 <addresses definitions;
13 <reorders provisions;
14 <removes outdated language;
15 <clarifies rulemaking authority;
16 <addresses compensation of employees;
17 <clarifies delegation to employees of use of fireworks;
18 <makes consistent references to nominations by nominating committee;
19 <clarifies delegation to employees related to issuing duplicates;
20 <addresses references to criminal penalty provisions;
21 <addresses cross references;
22 <clarifies review by regional advisory councils of cooperative wildlife management
23units; and
24 <makes technical changes.
25Money Appropriated in this Bill:
26 None
27Other Special Clauses:
28 This bill provides a special effective date.
29 This bill provides revisor instructions. H.B. 30 Enrolled Copy
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30Utah Code Sections Affected:
31ENACTS:
32 23A-1-103, Utah Code Annotated 1953
33 23A-2-101, Utah Code Annotated 1953
34 23A-3-101, Utah Code Annotated 1953
35 23A-4-101, Utah Code Annotated 1953
36 23A-4-502, Utah Code Annotated 1953
37 23A-4-1104, Utah Code Annotated 1953
38 23A-4-1105, Utah Code Annotated 1953
39 23A-4-1107, Utah Code Annotated 1953
40 23A-5-101, Utah Code Annotated 1953
41 23A-5-306, Utah Code Annotated 1953
42 23A-8-101, Utah Code Annotated 1953
43 23A-9-101, Utah Code Annotated 1953
44 23A-12-101, Utah Code Annotated 1953
45 23A-14-101, Utah Code Annotated 1953
46RENUMBERS AND AMENDS:
47 23A-1-101, (Renumbered from 23-13-2, as last amended by Laws of Utah 2019,
48Chapter 125)
49 23A-1-102, (Renumbered from 23-13-3, as last amended by Laws of Utah 1992,
50Chapter 27)
51 23A-1-201, (Renumbered from 23-13-8, as last amended by Laws of Utah 1986,
52Chapter 76)
53 23A-1-202, (Renumbered from 23-13-12.5, as last amended by Laws of Utah 2002,
54Chapter 70)
55 23A-1-203, (Renumbered from 23-13-15, as enacted by Laws of Utah 1973, Chapter
5633)
57 23A-1-204, (Renumbered from 23-13-17, as last amended by Laws of Utah 2011, Enrolled Copy H.B. 30
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58Chapter 297)
59 23A-1-205, (Renumbered from 23-20-9, as last amended by Laws of Utah 2011,
60Chapter 297)
61 23A-2-102, (Renumbered from 23-14-3, as last amended by Laws of Utah 2020,
62Chapter 154)
63 23A-2-201, (Renumbered from 23-14-1, as last amended by Laws of Utah 1995,
64Chapter 211)
65 23A-2-202, (Renumbered from 23-14-7, as last amended by Laws of Utah 1995,
66Chapter 56)
67 23A-2-203, (Renumbered from 23-14-8, as last amended by Laws of Utah 1995,
68Chapter 211)
69 23A-2-204, (Renumbered from 23-14-10, as last amended by Laws of Utah 1989,
70Chapter 22)
71 23A-2-205, (Renumbered from 23-14-12, as enacted by Laws of Utah 1971, Chapter
7246)
73 23A-2-206, (Renumbered from 23-15-2, as last amended by Laws of Utah 2011,
74Chapter 297)
75 23A-2-207, (Renumbered from 23-13-6, as last amended by Laws of Utah 2021,
76Chapter 109)
77 23A-2-208, (Renumbered from 23-13-7, as last amended by Laws of Utah 1986,
78Chapter 76)
79 23A-2-209, (Renumbered from 23-14-21, as last amended by Laws of Utah 2021,
80Chapter 382)
81 23A-2-301, (Renumbered from 23-14-2, as last amended by Laws of Utah 2020,
82Chapters 352 and 373)
83 23A-2-302, (Renumbered from 23-14-2.5, as last amended by Laws of Utah 2003,
84Chapter 36)
85 23A-2-303, (Renumbered from 23-14-2.6, as last amended by Laws of Utah 2010, H.B. 30 Enrolled Copy
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86Chapters 286 and 324)
87 23A-2-304, (Renumbered from 23-14-19, as last amended by Laws of Utah 1995,
88Chapter 211)
89 23A-2-305, (Renumbered from 23-14-18, as last amended by Laws of Utah 2021,
90Chapter 57)
91 23A-2-401, (Renumbered from 23-22-1, as last amended by Laws of Utah 2011,
92Chapter 297)
93 23A-2-402, (Renumbered from 23-22-2, as last amended by Laws of Utah 2010,
94Chapter 324)
95 23A-2-403, (Renumbered from 23-22-3, as last amended by Laws of Utah 2011,
96Chapter 297)
97 23A-2-501, (Renumbered from 23-25-2, as last amended by Laws of Utah 2015,
98Chapter 258)
99 23A-2-502, (Renumbered from 23-25-3, as enacted by Laws of Utah 1992, Chapter
100260)
101 23A-2-503, (Renumbered from 23-25-4, as enacted by Laws of Utah 1992, Chapter
102260)
103 23A-2-504, (Renumbered from 23-25-5, as enacted by Laws of Utah 1992, Chapter
104260)
105 23A-2-505, (Renumbered from 23-25-6, as enacted by Laws of Utah 1992, Chapter
106260)
107 23A-2-506, (Renumbered from 23-25-7, as enacted by Laws of Utah 1992, Chapter
108260)
109 23A-2-507, (Renumbered from 23-25-8, as enacted by Laws of Utah 1992, Chapter
110260)
111 23A-2-508, (Renumbered from 23-25-9, as enacted by Laws of Utah 1992, Chapter
112260)
113 23A-2-509, (Renumbered from 23-25-10, as last amended by Laws of Utah 1993, Enrolled Copy H.B. 30
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114Chapter 4)
115 23A-2-510, (Renumbered from 23-25-11, as enacted by Laws of Utah 1992, Chapter
116260)
117 23A-2-511, (Renumbered from 23-25-13, as enacted by Laws of Utah 1992, Chapter
118260)
119 23A-3-201, (Renumbered from 23-14-13, as last amended by Laws of Utah 2015,
120Chapter 30)
121 23A-3-202, (Renumbered from 23-14-14, as enacted by Laws of Utah 1971, Chapter
12246)
123 23A-3-203, (Renumbered from 23-14-13.5, as enacted by Laws of Utah 2017, Chapter
124383)
125 23A-3-204, (Renumbered from 23-14-14.2, as last amended by Laws of Utah 2022,
126Chapter 68)
127 23A-3-205, (Renumbered from 23-13-20, as enacted by Laws of Utah 2022, Chapter
12837)
129 23A-3-206, (Renumbered from 23-14-14.3, as enacted by Laws of Utah 2022, Chapter
13053)
131 23A-3-207, (Renumbered from 23-19-43, as last amended by Laws of Utah 2000,
132Chapter 195)
133 23A-3-208, (Renumbered from 23-19-47, as last amended by Laws of Utah 2007,
134Chapter 187)
135 23A-3-209, (Renumbered from 23-19-48, as enacted by Laws of Utah 2012, Chapter
136142)
137 23A-3-210, (Renumbered from 23-15-14, as last amended by Laws of Utah 2001,
138Chapter 22)
139 23A-3-211, (Renumbered from 23-27-305, as enacted by Laws of Utah 2020, Chapter
140195)
141 23A-3-212, (Renumbered from 23-30-103, as enacted by Laws of Utah 2012, Chapter H.B. 30 Enrolled Copy
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142143)
143 23A-3-213, (Renumbered from 23-19-17.7, as enacted by Laws of Utah 1984, Chapter
14430)
145 23A-3-301, (Renumbered from 23-31-102, as enacted by Laws of Utah 2020, Chapter
146190)
147 23A-3-302, (Renumbered from 23-31-103, as enacted by Laws of Utah 2020, Chapter
148190)
149 23A-3-303, (Renumbered from 23-31-104, as enacted by Laws of Utah 2020, Chapter
150190)
151 23A-3-304, (Renumbered from 23-31-201, as enacted by Laws of Utah 2020, Chapter
152190)
153 23A-3-305, (Renumbered from 23-31-202, as enacted by Laws of Utah 2020, Chapter
154190)
155 23A-3-306, (Renumbered from 23-31-203, as enacted by Laws of Utah 2020, Chapter
156190)
157 23A-4-201, (Renumbered from 23-19-1, as last amended by Laws of Utah 2017,
158Chapter 104)
159 23A-4-202, (Renumbered from 23-19-2, as last amended by Laws of Utah 2019,
160Chapter 125)
161 23A-4-203, (Renumbered from 23-19-3, as last amended by Laws of Utah 1995,
162Chapter 211)
163 23A-4-204, (Renumbered from 23-19-4, as last amended by Laws of Utah 2007,
164Chapter 136)
165 23A-4-205, (Renumbered from 23-19-7, as last amended by Laws of Utah 2014,
166Chapter 21)
167 23A-4-206, (Renumbered from 23-19-8, as last amended by Laws of Utah 2019,
168Chapter 125)
169 23A-4-207, (Renumbered from 23-19-38, as last amended by Laws of Utah 2019, Enrolled Copy H.B. 30
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170Chapter 349)
171 23A-4-208, (Renumbered from 23-19-10, as last amended by Laws of Utah 2005,
172Chapter 117)
173 23A-4-209, (Renumbered from 23-19-42, as last amended by Laws of Utah 2013,
174Chapter 295)
175 23A-4-210, (Renumbered from 23-19-45, as enacted by Laws of Utah 1997, Chapter
176179)
177 23A-4-301, (Renumbered from 23-19-38.2, as last amended by Laws of Utah 2011,
178Chapter 297)
179 23A-4-302, (Renumbered from 23-19-38.3, as last amended by Laws of Utah 2019,
180Chapter 135)
181 23A-4-303, (Renumbered from 23-19-14, as last amended by Laws of Utah 2018,
182Chapter 39)
183 23A-4-304, (Renumbered from 23-19-14.5, as last amended by Laws of Utah 2015,
184Chapter 25)
185 23A-4-305, (Renumbered from 23-19-36, as last amended by Laws of Utah 2019,
186Chapter 349)
187 23A-4-306, (Renumbered from 23-19-39, as last amended by Laws of Utah 1999,
188Chapter 128)
189 23A-4-401, (Renumbered from 23-19-17, as last amended by Laws of Utah 2007,
190Chapter 187)
191 23A-4-402, (Renumbered from 23-19-17.5, as last amended by Laws of Utah 2017,
192Chapter 46)
193 23A-4-501, (Renumbered from 23-19-15, as last amended by Laws of Utah 2017,
194Chapter 46)
195 23A-4-503, (Renumbered from 23-19-16, as last amended by Laws of Utah 2000,
196Chapter 195)
197 23A-4-601, (Renumbered from 23-19-21, as last amended by Laws of Utah 2014, H.B. 30 Enrolled Copy
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198Chapter 21)
199 23A-4-602, (Renumbered from 23-19-35, as last amended by Laws of Utah 1980,
200Chapter 28)
201 23A-4-701, (Renumbered from 23-19-14.6, as last amended by Laws of Utah 2016,
202Chapter 258)
203 23A-4-702, (Renumbered from 23-19-49, as enacted by Laws of Utah 2022, Chapter
204102)
205 23A-4-703, (Renumbered from 23-19-22, as last amended by Laws of Utah 2016,
206Chapter 258)
207 23A-4-704, (Renumbered from 23-19-22.5, as last amended by Laws of Utah 2007,
208Chapter 187)
209 23A-4-705, (Renumbered from 23-19-22.6, as last amended by Laws of Utah 2007,
210Chapter 187)
211 23A-4-706, (Renumbered from 23-19-24, as last amended by Laws of Utah 2007,
212Chapter 187)
213 23A-4-707, (Renumbered from 23-19-26, as last amended by Laws of Utah 2007,
214Chapter 187)
215 23A-4-708, (Renumbered from 23-20-20, as last amended by Laws of Utah 2011,
216Chapter 297)
217 23A-4-709, (Renumbered from 23-20-30, as last amended by Laws of Utah 2020,
218Chapter 135)
219 23A-4-801, (Renumbered from 23-19-34.5, as last amended by Laws of Utah 2010,
220Chapter 256)
221 23A-4-802, (Renumbered from 23-19-34.7, as last amended by Laws of Utah 2010,
222Chapter 256)
223 23A-4-901, (Renumbered from 23-19-27, as last amended by Laws of Utah 2001,
224Chapter 22)
225 23A-4-902, (Renumbered from 23-19-31, as last amended by Laws of Utah 1980, Enrolled Copy H.B. 30
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226Chapter 28)
227 23A-4-903, (Renumbered from 23-19-32, as last amended by Laws of Utah 1980,
228Chapter 28)
229 23A-4-904, (Renumbered from 23-19-33, as last amended by Laws of Utah 1980,
230Chapter 28)
231 23A-4-905, (Renumbered from 23-18-5, as last amended by Laws of Utah 2011,
232Chapter 297)
233 23A-4-1001, (Renumbered from 23-19-11, as last amended by Laws of Utah 2022,
234Chapter 57)
235 23A-4-1002, (Renumbered from 23-19-11.1, as last amended by Laws of Utah 2017,
236Chapter 46)
237 23A-4-1003, (Renumbered from 23-19-12, as last amended by Laws of Utah 2022,
238Chapter 57)
239 23A-4-1004, (Renumbered from 23-19-12.7, as enacted by Laws of Utah 1998, Chapter
240166)
241 23A-4-1005, (Renumbered from 23-19-11.5, as last amended by Laws of Utah 2017,
242Chapter 46)
243 23A-4-1006, (Renumbered from 23-19-12.5, as enacted by Laws of Utah 1995, Chapter
244120)
245 23A-4-1007, (Renumbered from 23-19-13, as last amended by Laws of Utah 1995,
246Chapter 120)
247 23A-4-1101, (Renumbered from 23-19-5, as last amended by Laws of Utah 2007,
248Chapter 136)
249 23A-4-1102, (Renumbered from 23-19-5.5, as last amended by Laws of Utah 2022,
250Chapter 58)
251 23A-4-1103, (Renumbered from 23-19-6, as last amended by Laws of Utah 1979,
252Chapter 90)
253 23A-4-1106, (Renumbered from 23-19-9, as last amended by Laws of Utah 2021, H.B. 30 Enrolled Copy
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254Chapter 57)
255 23A-4-1108, (Renumbered from 23-19-9.1, as enacted by Laws of Utah 1997, Chapter
256232)
257 23A-4-1109, (Renumbered from 23-19-9.5, as last amended by Laws of Utah 1995,
258Chapter 211)
259 23A-5-201, (Renumbered from 23-20-1, as last amended by Laws of Utah 2013,
260Chapter 394)
261 23A-5-202, (Renumbered from 23-20-1.5, as last amended by Laws of Utah 1998,
262Chapter 282)
263 23A-5-203, (Renumbered from 23-20-2, as enacted by Laws of Utah 1971, Chapter 46)
264 23A-5-204, (Renumbered from 23-20-10, as last amended by Laws of Utah 2019,
265Chapter 125)
266 23A-5-205, (Renumbered from 23-20-16, as last amended by Laws of Utah 1998,
267Chapter 282)
268 23A-5-206, (Renumbered from 23-20-28, as last amended by Laws of Utah 2011,
269Chapter 297)
270 23A-5-207, (Renumbered from 23-20-25, as last amended by Laws of Utah 1994,
271Chapter 208)
272 23A-5-301, (Renumbered from 23-13-11, as last amended by Laws of Utah 2009,
273Chapter 347)
274 23A-5-302, (Renumbered from 23-13-4, as enacted by Laws of Utah 1971, Chapter 46)
275 23A-5-303, (Renumbered from 23-13-5, as last amended by Laws of Utah 1973,
276Chapter 33)
277 23A-5-304, (Renumbered from 23-13-13, as last amended by Laws of Utah 1975,
278Chapter 60)
279 23A-5-305, (Renumbered from 23-13-14, as last amended by Laws of Utah 2017,
280Chapter 129)
281 23A-5-307, (Renumbered from 23-13-18, as last amended by Laws of Utah 2021, Enrolled Copy H.B. 30
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282Chapter 177)
283 23A-5-308, (Renumbered from 23-13-19, as last amended by Laws of Utah 2017,
284Chapter 345)
285 23A-5-309, (Renumbered from 23-20-3, as last amended by Laws of Utah 2009,
286Chapter 347)
287 23A-5-310, (Renumbered from 23-20-3.5, as enacted by Laws of Utah 2000, Chapter 5)
288 23A-5-311, (Renumbered from 23-20-4, as last amended by Laws of Utah 2009,
289Chapter 250)
290 23A-5-312, (Renumbered from 23-20-4.5, as last amended by Laws of Utah 2009,
291Chapter 250)
292 23A-5-313, (Renumbered from 23-20-4.7, as enacted by Laws of Utah 2010, Chapter
29352)
294 23A-5-314, (Renumbered from 23-20-8, as last amended by Laws of Utah 2013,
295Chapter 282)
296 23A-5-315, (Renumbered from 23-20-12, as last amended by Laws of Utah 2011,
297Chapter 366)
298 23A-5-316, (Renumbered from 23-20-13, as last amended by Laws of Utah 1995,
299Chapters 23 and 211)
300 23A-5-317, (Renumbered from 23-20-14, as last amended by Laws of Utah 2022,
301Chapter 87)
302 23A-5-318, (Renumbered from 23-20-15, as enacted by Laws of Utah 1971, Chapter
30346)
304 23A-5-319, (Renumbered from 23-20-18, as last amended by Laws of Utah 1975,
305Chapter 60)
306 23A-5-320, (Renumbered from 23-20-19, as last amended by Laws of Utah 1975,
307Chapter 60)
308 23A-5-321, (Renumbered from 23-20-29, as last amended by Laws of Utah 2011,
309Chapter 297) H.B. 30 Enrolled Copy
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310 23A-5-322, (Renumbered from 23-20-29.5, as enacted by Laws of Utah 1994, Chapter
31187)
312 23A-6-101, (Renumbered from 23-21-.5, as last amended by Laws of Utah 2019,
313Chapter 141)
314 23A-6-201, (Renumbered from 23-21-1, as enacted by Laws of Utah 1971, Chapter 46)
315 23A-6-202, (Renumbered from 23-21-1.5, as last amended by Laws of Utah 2009,
316Chapter 388)
317 23A-6-203, (Renumbered from 23-21-2, as last amended by Laws of Utah 2011,
318Chapter 297)
319 23A-6-204, (Renumbered from 23-21-6, as last amended by Laws of Utah 1993,
320Chapter 227)
321 23A-6-301, (Renumbered from 23-21-2.1, as enacted by Laws of Utah 1998, Chapter
322218)
323 23A-6-302, (Renumbered from 23-21-2.2, as enacted by Laws of Utah 1998, Chapter
324218)
325 23A-6-303, (Renumbered from 23-21-2.3, as last amended by Laws of Utah 2021,
326Chapter 382)
327 23A-6-304, (Renumbered from 23-21-2.4, as enacted by Laws of Utah 1998, Chapter
328218)
329 23A-6-305, (Renumbered from 23-21-2.5, as enacted by Laws of Utah 1998, Chapter
330218)
331 23A-6-401, (Renumbered from 23-21-2.6, as enacted by Laws of Utah 2022, Chapter
33252)
333 23A-6-402, (Renumbered from 23-21-4, as last amended by Laws of Utah 2000,
334Chapter 156)
335 23A-6-403, (Renumbered from 23-21-5, as last amended by Laws of Utah 2019,
336Chapter 141)
337 23A-6-404, (Renumbered from 23-21-7, as enacted by Laws of Utah 2009, Chapter Enrolled Copy H.B. 30
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338347)
339 23A-7-101, (Renumbered from 23-23-2, as last amended by Laws of Utah 2005,
340Chapter 112)
341 23A-7-102, (Renumbered from 23-23-3, as last amended by Laws of Utah 2005,
342Chapter 112)
343 23A-7-103, (Renumbered from 23-23-1, as last amended by Laws of Utah 1997,
344Chapter 258)
345 23A-7-201, (Renumbered from 23-23-4, as last amended by Laws of Utah 1997,
346Chapter 258)
347 23A-7-202, (Renumbered from 23-23-5, as last amended by Laws of Utah 1997,
348Chapter 258)
349 23A-7-203, (Renumbered from 23-23-6, as repealed and reenacted by Laws of Utah
3501997, Chapter 258)
351 23A-7-204, (Renumbered from 23-23-7, as last amended by Laws of Utah 2005,
352Chapter 112)
353 23A-7-205, (Renumbered from 23-23-7.5, as enacted by Laws of Utah 1997, Chapter
354258)
355 23A-7-206, (Renumbered from 23-23-8, as last amended by Laws of Utah 1997,
356Chapter 258)
357 23A-7-207, (Renumbered from 23-23-9, as last amended by Laws of Utah 1997,
358Chapter 258)
359 23A-7-208, (Renumbered from 23-23-10, as last amended by Laws of Utah 2000,
360Chapter 44)
361 23A-7-209, (Renumbered from 23-23-11, as last amended by Laws of Utah 2011,
362Chapter 297)
363 23A-7-210, (Renumbered from 23-23-12, as enacted by Laws of Utah 1988, Chapter
364158)
365 23A-7-211, (Renumbered from 23-23-13, as enacted by Laws of Utah 1988, Chapter H.B. 30 Enrolled Copy
- 14 -
366158)
367 23A-7-212, (Renumbered from 23-23-14, as last amended by Laws of Utah 2013,
368Chapter 212)
369 23A-8-201, (Renumbered from 23-24-1, as last amended by Laws of Utah 2017,
370Chapter 345)
371 23A-8-202, (Renumbered from 23-24-2, as enacted by Laws of Utah 2020, Chapter
372100)
373 23A-8-203, (Renumbered from 23-18-4, as enacted by Laws of Utah 1971, Chapter 46)
374 23A-8-301, (Renumbered from 23-17-4, as last amended by Laws of Utah 2011,
375Chapter 297)
376 23A-8-302, (Renumbered from 23-17-5.1, as enacted by Laws of Utah 2013, Chapter
377375)
378 23A-8-401, (Renumbered from 23-16-2, as enacted by Laws of Utah 1971, Chapter 46)
379 23A-8-402, (Renumbered from 23-16-3, as last amended by Laws of Utah 2022,
380Chapter 45)
381 23A-8-403, (Renumbered from 23-16-3.1, as last amended by Laws of Utah 2022,
382Chapter 45)
383 23A-8-404, (Renumbered from 23-16-3.2, as last amended by Laws of Utah 2022,
384Chapter 45)
385 23A-8-405, (Renumbered from 23-16-4, as last amended by Laws of Utah 2022,
386Chapter 45)
387 23A-9-201, (Renumbered from 23-15-4, as last amended by Laws of Utah 2018,
388Chapter 148)
389 23A-9-202, (Renumbered from 23-15-5, as enacted by Laws of Utah 1971, Chapter 46)
390 23A-9-203, (Renumbered from 23-15-10, as last amended by Laws of Utah 2017,
391Chapter 412)
392 23A-9-204, (Renumbered from 23-15-13, as last amended by Laws of Utah 1997,
393Chapter 82) Enrolled Copy H.B. 30
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394 23A-9-301, (Renumbered from 23-15-3, as last amended by Laws of Utah 1983,
395Chapter 347)
396 23A-9-302, (Renumbered from 23-15-6, as enacted by Laws of Utah 1971, Chapter 46)
397 23A-9-303, (Renumbered from 23-15-7, as enacted by Laws of Utah 1971, Chapter 46)
398 23A-9-304, (Renumbered from 23-15-8, as last amended by Laws of Utah 1994,
399Chapter 153)
400 23A-9-305, (Renumbered from 23-15-9, as last amended by Laws of Utah 2011,
401Chapter 297)
402 23A-10-101, (Renumbered from 23-27-102, as last amended by Laws of Utah 2020,
403Chapter 195)
404 23A-10-201, (Renumbered from 23-27-201, as last amended by Laws of Utah 2014,
405Chapter 274)
406 23A-10-202, (Renumbered from 23-27-202, as enacted by Laws of Utah 2008, Chapter
407284)
408 23A-10-301, (Renumbered from 23-27-301, as last amended by Laws of Utah 2020,
409Chapter 195)
410 23A-10-302, (Renumbered from 23-27-302, as enacted by Laws of Utah 2008, Chapter
411284)
412 23A-10-303, (Renumbered from 23-27-303, as enacted by Laws of Utah 2008, Chapter
413284)
414 23A-10-304, (Renumbered from 23-27-304, as enacted by Laws of Utah 2020, Chapter
415195)
416 23A-10-305, (Renumbered from 23-27-306, as enacted by Laws of Utah 2020, Chapter
417195)
418 23A-10-401, (Renumbered from 23-27-401, as enacted by Laws of Utah 2008, Chapter
419284)
420 23A-10-501, (Renumbered from 23-27-501, as enacted by Laws of Utah 2021, Chapter
421248) H.B. 30 Enrolled Copy
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422 23A-11-101, (Renumbered from 23-16-1.1, as last amended by Laws of Utah 2022,
423Chapter 45)
424 23A-11-201, (Renumbered from 23-16-5, as last amended by Laws of Utah 2022,
425Chapter 294)
426 23A-11-202, (Renumbered from 23-16-6, as last amended by Laws of Utah 2008,
427Chapter 239)
428 23A-11-203, (Renumbered from 23-16-11, as enacted by Laws of Utah 2021, Chapter
429177)
430 23A-11-204, (Renumbered from 23-20-33, as enacted by Laws of Utah 2022, Chapter
43145)
432 23A-11-205, (Renumbered from 23-20-31, as last amended by Laws of Utah 2011,
433Chapter 297)
434 23A-11-301, (Renumbered from 23-16-7, as last amended by Laws of Utah 1995,
435Chapter 211)
436 23A-11-302, (Renumbered from 23-16-10, as enacted by Laws of Utah 2020, Chapter
43715)
438 23A-11-401, (Renumbered from 23-30-102, as enacted by Laws of Utah 2012, Chapter
439143)
440 23A-11-402, (Renumbered from 23-30-104, as enacted by Laws of Utah 2012, Chapter
441143)
442 23A-12-201, (Renumbered from 23-17-5.2, as enacted by Laws of Utah 2013, Chapter
443375)
444 23A-12-202, (Renumbered from 23-17-6, as last amended by Laws of Utah 2015,
445Chapter 200)
446 23A-12-203, (Renumbered from 23-17-7, as enacted by Laws of Utah 1971, Chapter
44746)
448 23A-12-204, (Renumbered from 23-17-8, as last amended by Laws of Utah 2011,
449Chapter 297) Enrolled Copy H.B. 30
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450 23A-12-205, (Renumbered from 23-17-9, as enacted by Laws of Utah 1971, Chapter
45146)
452 23A-12-301, (Renumbered from 23-32-102, as enacted by Laws of Utah 2021, Chapter
453177)
454 23A-12-302, (Renumbered from 23-32-103, as enacted by Laws of Utah 2021, Chapter
455177)
456 23A-12-303, (Renumbered from 23-32-104, as enacted by Laws of Utah 2021, Chapter
457177)
458 23A-13-101, (Renumbered from 23-28-102, as enacted by Laws of Utah 2009, Chapter
459273)
460 23A-13-201, (Renumbered from 23-28-201, as last amended by Laws of Utah 2021,
461Chapter 41)
462 23A-13-202, (Renumbered from 23-28-202, as last amended by Laws of Utah 2021,
463Chapter 41)
464 23A-13-301, (Renumbered from 23-28-301, as enacted by Laws of Utah 2009, Chapter
465273)
466 23A-13-302, (Renumbered from 23-28-302, as last amended by Laws of Utah 2021,
467Chapter 41)
468 23A-13-303, (Renumbered from 23-28-303, as last amended by Laws of Utah 2019,
469Chapter 81)
470 23A-13-304, (Renumbered from 23-28-304, as enacted by Laws of Utah 2009, Chapter
471273)
472 23A-13-305, (Renumbered from 23-28-305, as enacted by Laws of Utah 2009, Chapter
473273)
474 23A-14-201, (Renumbered from 23-18-2, as last amended by Laws of Utah 1986,
475Chapter 76)
476 23A-14-202, (Renumbered from 23-18-3, as enacted by Laws of Utah 1971, Chapter
47746) H.B. 30 Enrolled Copy
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478 23A-14-203, (Renumbered from 23-18-6, as enacted by Laws of Utah 1993, Chapter
479264)
480 23A-15-101, (Renumbered from 23-29-102, as enacted by Laws of Utah 2010, Chapter
48120)
482 23A-15-102, (Renumbered from 23-29-103, as enacted by Laws of Utah 2010, Chapter
48320)
484 23A-15-201, (Renumbered from 23-29-201, as enacted by Laws of Utah 2010, Chapter
48520)
486 23A-15-202, (Renumbered from 23-29-202, as enacted by Laws of Utah 2010, Chapter
48720)
488REPEALS:
489 23-13-1, as last amended by Laws of Utah 2007, Chapter 306
490 23-13-16, as enacted by Laws of Utah 1992, Chapter 261
491 23-14-2.1, as last amended by Laws of Utah 2008, Chapter 382
492 23-14-11, as last amended by Laws of Utah 1984, Chapter 67
493 23-14-16, as last amended by Laws of Utah 1992, Chapter 30
494 23-17-5, as enacted by Laws of Utah 1971, Chapter 46
495 23-20-23, as enacted by Laws of Utah 1971, Chapter 46
496 23-21a-1, as enacted by Laws of Utah 1977, Chapter 103
497 23-21a-2, as enacted by Laws of Utah 1977, Chapter 103
498 23-21a-3, as enacted by Laws of Utah 1977, Chapter 103
499 23-21a-4, as enacted by Laws of Utah 1977, Chapter 103
500 23-21a-5, as enacted by Laws of Utah 1977, Chapter 103
501 23-21a-6, as enacted by Laws of Utah 1977, Chapter 103
502 23-25-1, as enacted by Laws of Utah 1992, Chapter 260
503 23-25-12, as enacted by Laws of Utah 1992, Chapter 260
504 23-27-101, as enacted by Laws of Utah 2008, Chapter 284
505 23-28-101, as enacted by Laws of Utah 2009, Chapter 273 Enrolled Copy H.B. 30
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506 23-29-101, as enacted by Laws of Utah 2010, Chapter 20
507 23-30-101, as enacted by Laws of Utah 2012, Chapter 143
508 23-31-101, as enacted by Laws of Utah 2020, Chapter 190
509 23-32-101, as enacted by Laws of Utah 2021, Chapter 177
510
511Be it enacted by the Legislature of the state of Utah:
512 Section 1. Section 23A-1-101, which is renumbered from Section 23-13-2 is
513renumbered and amended to read:
514 TITLE 23A. WILDLIFE RESOURCES ACT
515 CHAPTER 1. GENERAL PROVISIONS
516 Part 1. General Provisions
517 [23-13-2]. 23A-1-101. Definitions.
518 As used in this title:
519 (1) "Activity regulated under this title" means an act, attempted act, or activity
520prohibited or regulated under this title or the rules[,] and proclamations promulgated under this
521title pertaining to protected wildlife including:
522 (a) fishing;
523 (b) hunting;
524 (c) trapping;
525 (d) taking;
526 (e) permitting [any] a dog, falcon, or other domesticated animal to take;
527 (f) transporting;
528 (g) possessing;
529 (h) selling;
530 (i) wasting;
531 (j) importing;
532 (k) exporting;
533 (l) rearing; H.B. 30 Enrolled Copy
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534 (m) keeping;
535 (n) using as a commercial venture; and
536 (o) releasing to the wild.
537 (2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
538 (3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
539 (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
540amphibians.
541 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
542that one person may legally take during one day.
543 (6) "Big game" means species of hoofed protected wildlife.
544 (7) "Carcass" means the dead body of an animal or [its] the animal's parts.
545 (8) "Certificate of registration" means a paper-based or electronic document issued
546under this title, or [any] a rule or proclamation of the Wildlife Board granting authority to
547engage in activities not covered by a license, permit, or tag.
548 (9) "Closed season" means the period of time during which the taking of protected
549wildlife is prohibited.
550 (10) "Conservation officer" means a full-time, permanent employee of the [Division of
551Wildlife Resources] division who is POST certified as a peace or a special function officer.
552 (11) "Dedicated hunter program" means a program that provides:
553 (a) expanded hunting opportunities;
554 (b) opportunities to participate in projects that are beneficial to wildlife; and
555 (c) education in hunter ethics and wildlife management principles.
556 (12) "Department" means the Department of Natural Resources.
557 (13) "Director" means the director of the division appointed under Section 23A-2-202.
558 [(12)] (14) "Division" means the Division of Wildlife Resources.
559 [(13) (a) "Domicile"] (15) Subject to Section 23A-1-103, "domicile" means the place:
560 [(i)] (a) where an individual has a fixed permanent home and principal establishment;
561 [(ii)] (b) to which the individual if absent, intends to return; and Enrolled Copy H.B. 30
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562 [(iii)] (c) in which the individual, and the individual's family voluntarily reside, not for
563a special or temporary purpose, but with the intention of making a permanent home.
564 [(b) To create a new domicile an individual shall:]
565 [(i) abandon the old domicile; and]
566 [(ii) be able to prove that a new domicile has been established.]
567 [(14)] (16) "Endangered" means wildlife designated as endangered according to
568Section 3 of the federal Endangered Species Act of 1973.
569 (17) "Executive director" means the executive director of the Department of Natural
570Resources.
571 [(15)] (18) "Fee fishing facility" means the same as that term is defined in Section
5724-37-103.
573 [(16)] (19) "Feral" means an animal that is normally domesticated but has reverted to
574the wild.
575 [(17)] (20) "Fishing" means to take fish or crayfish by any means.
576 [(18)] (21) "Furbearer" means species of the Bassariscidae, Canidae, Felidae,
577Mustelidae, and Castoridae families, except coyote and cougar.
578 [(19)] (22) "Game" means wildlife normally pursued, caught, or taken by sporting
579means for human use.
580 [(20) "Guide" means a person who receives compensation or advertises services for
581assisting another person to take protected wildlife, including the provision of food, shelter, or
582transportation, or any combination of these.]
583 [(21) "Guide's agent" means a person who is employed by a guide to assist another
584person to take protected wildlife.]
585 [(22)] (23) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by
586any means.
587 (24) "Hunting guide" means the same as that term is defined in Section 58-79-102.
588 [(23)] (25) "Intimidate or harass" means to physically interfere with or impede, hinder,
589or diminish the efforts of an officer in the performance of the officer's duty. H.B. 30 Enrolled Copy
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590 [(24)] (26) (a) "Natural flowing stream" means a topographic low where water collects
591and perennially or intermittently flows with a perceptible current in a channel formed
592exclusively by forces of nature.
593 (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
594 (i) realigned or modified channel that replaces the historic, natural flowing stream
595channel; and
596 (ii) dredged natural flowing stream channel.
597 (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
598other water delivery system that diverts and conveys water to an approved place of use
599pursuant to a certificated water right.
600 [(25)] (27) (a) "Natural lake" means a perennial or intermittent body of water that
601collects on the surface of the earth exclusively through the forces of nature and without human
602assistance.
603 (b) "Natural lake" does not mean a lake where [all] the surface water sources supplying
604the body of water originate from groundwater springs no more than 100 yards upstream.
605 (28) "Nominating committee" means the Wildlife Board Nominating Committee
606created in Section 23A-2-302.
607 [(26)] (29) "Nonresident" means a person who does not qualify as a resident.
608 [(27)] (30) "Open season" means the period of time during which protected wildlife
609may be legally taken.
610 (31) "Outfitter" means the same as that term is defined in Section 58-79-102.
611 [(28)] (32) "Pecuniary gain" means the acquisition of money or something of monetary
612value.
613 [(29)] (33) "Permit" means a paper-based or electronic document[, including a stamp,]
614that grants authority to engage in specified activities under this title or a rule or proclamation of
615the Wildlife Board.
616 [(30)] (34) "Person" means an individual, association, partnership, government agency,
617corporation, or an agent of the [foregoing] individual, association, partnership, government Enrolled Copy H.B. 30
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618agency, or corporation.
619 (35) "Pollute water" means to introduce into waters within the state matter or thermal
620energy that:
621 (a) exceeds state water quality standards; or
622 (b) could harm protected wildlife.
623 [(31)] (36) "Possession" means actual or constructive possession.
624 [(32)] (37) "Possession limit" means the number of bag limits one individual may
625legally possess.
626 [(33)] (38) (a) "Private fish pond" means a pond, reservoir, or other body of water,
627including a fish culture system, located on privately owned land where privately owned fish:
628 (i) are propagated or kept for a private noncommercial purpose; and
629 (ii) may be taken without a fishing license.
630 (b) "Private fish pond" does not include:
631 (i) an aquaculture facility[,];
632 (ii) a fee fishing facility[,];
633 (iii) a short-term fishing event[,]; or
634 (iv) private stocking.
635 [(34) (a)] (39) "Private stocking" means an authorized release of privately owned, live
636fish in the waters of the state not eligible as:
637 (a) a private fish pond under Section [23-15-10] 23A-9-203; or
638 (b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
639Act.
640 [(b) Fish released under private stocking become the property of the state and subject
641to the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
642Board.]
643 [(35)] (40) "Private wildlife farm" means an enclosed place where privately owned
644birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
645 (a) commingling with wild birds or furbearers; and H.B. 30 Enrolled Copy
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646 (b) escaping into the wild.
647 [(36)] (41) "Proclamation" means the publication that is:
648 (a) used to convey a statute, rule, policy, or pertinent information [as it relates] related
649to wildlife[.]; and
650 (b) issued in accordance with a rule made by the Wildlife Board under this title.
651 [(37)] (42) (a) "Protected aquatic wildlife" means aquatic wildlife [as defined in
652Subsection (3),] except as provided in Subsection [(37)] (42)(b).
653 (b) "Protected aquatic wildlife" does not include aquatic insects.
654 [(38)] (43) (a) "Protected wildlife" means wildlife [as defined in Subsection (54)],
655except as provided in Subsection [(38)] (43)(b).
656 (b) "Protected wildlife" does not include:
657 (i) coyote[,];
658 (ii) field mouse[,];
659 (iii) gopher[,];
660 (iv) ground squirrel[,];
661 (v) jack rabbit[,];
662 (vi) muskrat[, and]; or
663 (vii) raccoon.
664 (44) "Regional advisory council" means a council created under Section 23A-2-303.
665 [(39)] (45) "Released to the wild" means to be turned loose from confinement.
666 [(40)] (46) (a) "Reservoir constructed on a natural stream channel" means a body of
667water collected and stored on the course of a natural flowing stream by impounding the stream
668through excavation or diking.
669 (b) "Reservoir constructed on a natural stream channel" does not mean an
670impoundment on a natural flowing stream where all surface water sources supplying the
671impoundment originate from groundwater springs no more than 100 yards upstream.
672 [(41) (a) "Resident"] (47) Subject to Section 23A-1-103, "resident" means a person
673who: Enrolled Copy H.B. 30
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674 [(i)] (a) has been domiciled in the state for six consecutive months immediately
675preceding the purchase of a license; and
676 [(ii)] (b) does not claim residency for hunting, fishing, or trapping in [any other]
677another state or country.
678 [(b) A Utah resident retains Utah residency if that person leaves this state:]
679 [(i) to serve in the armed forces of the United States or for religious or educational
680purposes; and]
681 [(ii) the person complies with Subsection (41)(a)(ii).]
682 [(c) (i) A member of the armed forces of the United States and dependents are residents
683for the purposes of this chapter as of the date the member reports for duty under assigned
684orders in the state if the member:]
685 [(A) is not on temporary duty in this state; and]
686 [(B) complies with Subsection (41)(a)(ii).]
687 [(ii) A copy of the assignment orders shall be presented to a wildlife division office to
688verify the member's qualification as a resident.]
689 [(d) A nonresident attending an institution of higher learning in this state as a full-time
690student may qualify as a resident for purposes of this chapter if the student:]
691 [(i) has been present in this state for 60 consecutive days immediately preceding the
692purchase of the license; and]
693 [(ii) complies with Subsection (41)(a)(ii).]
694 [(e) A Utah resident license is invalid if a resident license for hunting, fishing, or
695trapping is purchased in any other state or country.]
696 [(f) An absentee landowner paying property tax on land in Utah does not qualify as a
697resident.]
698 [(42)] (48) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the
699act of selling, bartering, exchanging, or trading.
700 [(43) (a) ] (49) "Short-term fishing event" means an event when:
701 (a) privately acquired fish are held or confined for a period not to exceed 10 days for H.B. 30 Enrolled Copy
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702the purpose of providing fishing or recreational opportunity; and [where]
703 (b) no fee is charged as a requirement to fish.
704 [(b) A fishing license is not required to take fish at a short-term fishing event.]
705 [(44)] (50) "Small game" means species of protected wildlife:
706 (a) commonly pursued for sporting purposes;
707 (b) not classified as big game, aquatic wildlife, or furbearers; and
708 (c) excluding turkey, cougar, and bear.
709 [(45)] (51) "Spoiled" means impairment of the flesh of wildlife that renders the flesh
710unfit for human consumption.
711 [(46)] (52) "Spotlighting" means throwing or casting the rays of [any] a spotlight,
712headlight, or other artificial light on [any] a highway or in [any] a field, woodland, or forest
713while having in possession a weapon by which protected wildlife may be killed.
714 [(47)] (53) "Tag" means a card, label, or other paper-based or electronic means of
715identification used to document harvest of protected wildlife.
716 [(48)] (54) "Take" means to:
717 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill [any]
718protected wildlife; or
719 (b) attempt [any] an action referred to in Subsection [(48)] (54)(a).
720 [(49)] (55) "Threatened" means wildlife designated as [such] threatened pursuant to
721Section 3 of the federal Endangered Species Act of 1973.
722 [(50)] (56) "Trapping" means taking protected wildlife with a trapping device.
723 [(51)] (57) "Trophy animal" means an animal described as follows:
724 (a) deer - a buck with an outside antler measurement of 24 inches or greater;
725 (b) elk - a bull with six points on at least one side;
726 (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
727 (d) moose - a bull with at least one antler exceeding five inches in length;
728 (e) mountain goat - a male or female;
729 (f) pronghorn antelope - a buck with horns exceeding 14 inches; or Enrolled Copy H.B. 30
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730 (g) bison - a bull.
731 (58) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning
732dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
733 [(52)] (59) "Waste" means to:
734 (a) abandon protected wildlife [or to]; or
735 (b) allow protected wildlife to spoil or to be used in a manner not normally associated
736with the protected wildlife's beneficial use.
737 [(53) "Water pollution" means the introduction of matter or thermal energy to waters
738within this state that:]
739 [(a) exceeds state water quality standards; or]
740 [(b) could be harmful to protected wildlife.]
741 [(54)] (60) "Wildlife" means:
742 (a) crustaceans, including brine shrimp and crayfish;
743 (b) mollusks; and
744 (c) vertebrate animals living in nature, except feral animals.
745 (61) "Wildlife Board" means the board created in Section 23A-2-301.
746 Section 2. Section 23A-1-102, which is renumbered from Section 23-13-3 is
747renumbered and amended to read:
748 [23-13-3]. 23A-1-102. Wildlife declared property of the state.
749 [All wildlife] (1) Wildlife existing within this state, not held by private ownership and
750legally acquired, is the property of the state.
751 (2) Fish released under private stocking become the property of the state and subject to
752the fishing regulations set forth in this title or a rule or proclamation of the Wildlife Board.
753 Section 3. Section 23A-1-103 is enacted to read:
754 23A-1-103. Domicile or residency.
755 (1) To create a new domicile an individual shall:
756 (a) abandon the old domicile; and
757 (b) be able to prove that a new domicile has been established. H.B. 30 Enrolled Copy
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758 (2) A Utah resident retains Utah residency if that person leaves this state:
759 (a) to serve in the armed forces of the United States or for religious or educational
760purposes; and
761 (b) the person complies with Subsection 23A-1-101(47)(b).
762 (3) (a) A member of the armed forces of the United States and dependents are residents
763for the purposes of this title as of the date the member reports for duty under assigned orders in
764the state if the member:
765 (i) is not on temporary duty in this state; and
766 (ii) complies with Subsection 23A-1-101(47)(b).
767 (b) A member shall present a copy of the assignment orders to a division office to
768verify the member's qualification as a resident.
769 (4) A nonresident attending an institution of higher learning in this state as a full-time
770student may qualify as a resident for purposes of this title if the student:
771 (a) has been present in this state for 60 consecutive days immediately preceding the
772purchase of the license; and
773 (b) complies with Subsection 23A-1-101(47)(b).
774 (5) A Utah resident license is invalid if a resident license for hunting, fishing, or
775trapping is purchased in another state or country.
776 (6) An absentee landowner paying property tax on land in Utah does not qualify as a
777resident.
778 Section 4. Section 23A-1-201, which is renumbered from Section 23-13-8 is
779renumbered and amended to read:
780 Part 2. Miscellaneous
781 [23-13-8]. 23A-1-201. Private wildlife farms.
782 (1) [Any] (a) Subject to the requirements of this section, a person may:
783 (i) establish and maintain a private wildlife [farms] farm for propagating, rearing, and
784keeping furbearers or birds classified as protected wildlife [and may]; and
785 (ii) sell or dispose of wildlife reared upon [such farms] the private wildlife farm, Enrolled Copy H.B. 30
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786except that disposal may not include release to the wild without first securing written
787permission from the Wildlife Board.
788 (b) Before establishing [such] a private wildlife farm, a person shall obtain written
789authorization from the [Division of Wildlife Resources] division in accordance with rules
790established by the Wildlife Board[. Any wildlife which] in accordance with Title 63G, Chapter
7913, Utah Administrative Rulemaking Act.
792 (c) Wildlife that escapes from a private wildlife [farms] farm becomes the property of
793the state.
794 (2) This section does not:
795 (a) apply to a private fur [farms] farm established and maintained for rearing
796domesticated, privately owned mink or chinchilla [which] that were not acquired as wild
797animals from [any] a state or country[, nor does it]; or
798 (b) provide for the propagating, rearing, and keeping of [any] a protected wildlife other
799than [those] a wildlife specified in this section.
800 Section 5. Section 23A-1-202, which is renumbered from Section 23-13-12.5 is
801renumbered and amended to read:
802 [23-13-12.5]. 23A-1-202. Agreement with a tribe.
803 (1) As used in this section, "tribe" means a federally recognized:
804 (a) Indian tribe; or
805 (b) Indian band.
806 (2) (a) Subject to the requirements of this section, the governor may enter into an
807agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
808fishing, or trapping right claim that is:
809 (i) based on:
810 (A) a treaty;
811 (B) an aboriginal right; or
812 (C) other recognized federal right; and
813 (ii) on lands located within the state. H.B. 30 Enrolled Copy
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814 (b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
815(2)(a) may not exempt [any] a person from the requirements of this title.
816 (c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
817tribe that is a party to the agreement or a member of that tribe from:
818 (i) Section [23-16-5] 23A-11-201, placing a limit of one of any species of big game
819during a license year;
820 (ii) Section [23-16-6] 23A-11-202, commencement date of the general deer season;
821 (iii) a hunter or furharvester education requirement under Chapter [19] 4, Licenses,
822Permits, Certificates of Registration, and Tags;
823 (iv) an age restriction under Chapter [19] 4, Licenses, Permits, Certificates of
824Registration, and Tags;
825 (v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
826or permit;
827 (vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
828 (vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
829not inconsistent with this title.
830 (d) An agreement permitted under Subsection (2)(a) shall:
831 (i) be in writing;
832 (ii) be signed by:
833 (A) the governor; and
834 (B) the governing body of the tribe that:
835 (I) is designated by the tribe; and
836 (II) may bind the tribe to the terms of the agreement;
837 (iii) be conditioned on obtaining any approval required by federal law;
838 (iv) state the effective date of the agreement;
839 (v) provide that the governor shall renegotiate the agreement if the agreement is or
840becomes inconsistent with a state statute for which an exemption is not authorized under this
841section; and Enrolled Copy H.B. 30
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842 (vi) include any accommodation made by the tribe that:
843 (A) is agreed to by the tribe;
844 (B) is reasonably related to the agreement; and
845 (C) concerns the management and use of wildlife resources or habitat.
846 (e) [Prior to] Before executing an agreement under this Subsection (2), the governor
847shall consult with:
848 (i) the division; and
849 (ii) the chair of the Wildlife Board [created in Section 23-14-2].
850 (f) At least 30 days before the agreement under this Subsection (2) is executed, the
851governor or the governor's designee shall provide a copy of the agreement in the form that the
852agreement will be executed to:
853 (i) the chairs of the Native American Legislative Liaison Committee; and
854 (ii) the Office of Legislative Research and General Counsel.
855 Section 6. Section 23A-1-203, which is renumbered from Section 23-13-15 is
856renumbered and amended to read:
857 [23-13-15]. 23A-1-203. Utah State Hunting and Fishing Day.
858 In recognition of the substantial and continued contribution by hunters and fishermen
859toward the sound management of wildlife in Utah, the fourth Saturday of September of each
860year is [hereby established] known as "Utah State Hunting and Fishing Day."
861 Section 7. Section 23A-1-204, which is renumbered from Section 23-13-17 is
862renumbered and amended to read:
863 [23-13-17]. 23A-1-204. Spotlighting of coyote, red fox, striped skunk, and
864raccoon -- County ordinances -- Permits.
865 (1) For purposes of a county ordinance enacted pursuant to this section, "motor
866vehicle" means the same as that term is defined in Section 41-6a-102.
867 [(1)] (2) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon
868[where] when allowed by a county ordinance enacted pursuant to this section.
869 [(2)] (3) The ordinance shall provide that: H.B. 30 Enrolled Copy
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870 (a) [any] a hunter shall carry the artificial light used to spotlight coyote, red fox, striped
871skunk, or raccoon [shall be carried by the hunter];
872 (b) a motor vehicle headlight or light attached to or powered by a motor vehicle may
873not be used to spotlight the [animal] coyote, red fox, striped skunk, or raccoon; and
874 (c) while hunting with the use of an artificial light, the hunter may not occupy or
875operate [any] a motor vehicle.
876 [(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as
877defined in Section 41-6a-102.]
878 (4) The ordinance may specify:
879 (a) the time of day and seasons when spotlighting is permitted;
880 (b) areas closed or open to spotlighting within the unincorporated area of the county;
881 (c) safety zones within which spotlighting is prohibited;
882 (d) the weapons permitted; and
883 (e) penalties for violation of the ordinance.
884 (5) (a) A county may restrict the number of hunters engaging in spotlighting by
885requiring a permit to spotlight and issuing a limited number of permits.
886 (b) (i) A county may charge a fee [may be charged] for a spotlighting permit.
887 [(ii) Any permit fee shall be established by the county ordinance.]
888 (ii) A county ordinance shall establish the permit fee.
889 (iii) [Revenues] A county shall remit revenue generated by the permit fee [shall be
890remitted to the Division of Wildlife Resources] to the division for deposit into the Wildlife
891Resources Account, except the Wildlife Board may allow [any] a county that enacts an
892ordinance pursuant to this section to retain a reasonable amount to pay for the costs of
893administering and enforcing the ordinance[, provided this] if the use of the permit revenues
894does not affect federal funds received by the state under Wildlife Restoration Act, 16 U.S.C.
895Sec. 669 et seq., [Wildlife Restoration Act] and Sport Fish Restoration Act, 16 U.S.C. Sec. 777
896et seq.[, Sport Fish Restoration Act.]
897 (6) A county may require [hunters] a hunter to notify the county sheriff of the time and Enrolled Copy H.B. 30
- 33 -
898place [they] the hunter will be engaged in spotlighting.
899 (7) The requirement that a county enact an ordinance [shall be enacted] before a person
900may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
901 (a) a person or the person's agent who is lawfully acting to protect the person's crops or
902domestic animals from predation by those animals; or
903 (b) an animal damage control agent acting in the agent's official capacity under a
904memorandum of agreement with the division.
905 Section 8. Section 23A-1-205, which is renumbered from Section 23-20-9 is
906renumbered and amended to read:
907 [23-20-9]. 23A-1-205. Donating protected wildlife.
908 (1) A person may only donate protected wildlife or [their] wildlife parts to another
909person at:
910 (a) the residence of the donor;
911 (b) the residence of the person receiving protected wildlife or [their] the wildlife parts;
912 (c) a meat locker;
913 (d) a storage plant;
914 (e) a meat processing facility; or
915 (f) a location authorized by the Wildlife Board in rule, proclamation, or order.
916 (2) A written statement of donation shall be kept with the protected wildlife or parts
917showing:
918 (a) the number and species of protected wildlife or parts donated;
919 (b) the date of donation;
920 (c) the license or permit number of the donor; and
921 (d) the signature of the donor.
922 (3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big
923game animal to another person or organization at any place without a donation slip.
924 Section 9. Section 23A-2-101 is enacted to read:
925 CHAPTER 2. ADMINISTRATION H.B. 30 Enrolled Copy
- 34 -
926 Part 1. General Provisions
927 23A-2-101. Definitions.
928 Reserved.
929 Section 10. Section 23A-2-102, which is renumbered from Section 23-14-3 is
930renumbered and amended to read:
931 [23-14-3]. 23A-2-102. Powers of division to determine facts -- Policymaking
932powers of Wildlife Board.
933 (1) The [Division of Wildlife Resources] division may determine the facts relevant to
934the wildlife resources of this state.
935 (2) (a) Upon a determination of [these] the facts, the Wildlife Board shall establish the
936policies best designed to accomplish the purposes and fulfill the intent of [all] the laws
937pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction,
938and management of wildlife.
939 (b) In establishing policy, the Wildlife Board shall:
940 (i) recognize that wildlife and [its] the wildlife's habitat are an essential part of a
941healthy, productive environment;
942 (ii) recognize the impact of wildlife on humans, human economic activities, private
943property rights, and local economies;
944 (iii) seek to balance the habitat requirements of wildlife with the social and economic
945activities of [man] humans;
946 (iv) recognize the social and economic values of wildlife, including fishing, hunting,
947and other uses; and
948 (v) seek to maintain wildlife on a sustainable basis.
949 (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
950councils established in Section [23-14-2.6] 23A-2-303.
951 (ii) If a regional advisory council recommends a position or action to the Wildlife
952Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a
953written explanation to the regional advisory council recommending the opposing position. Enrolled Copy H.B. 30
- 35 -
954 (3) [No] An authority conferred upon the Wildlife Board by this title [shall] may not
955supersede the administrative authority of the executive director [of the Department of Natural
956Resources] or the director [of the Division of Wildlife Resources].
957 Section 11. Section 23A-2-201, which is renumbered from Section 23-14-1 is
958renumbered and amended to read:
959 Part 2. Division and Director
960 [23-14-1]. 23A-2-201. Division of Wildlife Resources -- Limits on authority of
961political subdivisions -- Adjudicative proceedings -- Official seal.
962 (1) (a) There is created the Division of Wildlife Resources within the Department of
963Natural Resources under the administration and general supervision of the executive director
964[of the Department of Natural Resources].
965 (b) The [Division of Wildlife Resources] division is the wildlife authority for Utah and
966is vested with the functions, powers, duties, rights, and responsibilities provided in this title
967and other law.
968 (2) (a) Subject to the broad policymaking authority of the Wildlife Board, the [Division
969of Wildlife Resources] division shall protect, propagate, manage, conserve, and distribute
970protected wildlife throughout the state.
971 (b) The [Division of Wildlife Resources is appointed as] division is the trustee and
972custodian of protected wildlife and may initiate civil proceedings, in addition to criminal
973proceedings provided for in this title, to:
974 (i) recover damages;
975 (ii) compel performance;
976 (iii) compel substitution;
977 (iv) restrain or enjoin;
978 (v) initiate any other appropriate action; and
979 (vi) seek [any] appropriate remedies in [its] the division's capacity as trustee and
980custodian.
981 (3) (a) If a political subdivision of the state adopts [ordinances or regulations] an H.B. 30 Enrolled Copy
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982ordinance or regulation concerning hunting, fishing, or trapping that [conflict] conflicts with
983this title or rules [promulgated] made pursuant to this title, state law [shall prevail] prevails.
984 (b) [Communities] A community may close areas to hunting for safety reasons after
985confirmation by the Wildlife Board.
986 (4) The division shall comply with Title 63G, Chapter 4, Administrative Procedures
987Act, in the division's adjudicative proceedings.
988 (5) The division shall adopt an official seal and file an impression and a description of
989the official seal with the Division of Archives.
990 Section 12. Section 23A-2-202, which is renumbered from Section 23-14-7 is
991renumbered and amended to read:
992 [23-14-7]. 23A-2-202. Director of the division -- Qualifications.
993 (1) The director shall:
994 (a) be the executive and administrative head of the [Division of Wildlife Resources]
995division; and
996 (b) have demonstrated ability in management and administration and experience in the
997protection, conservation, restoration, and management of wildlife resources.
998 (2) The director may not hold [any other] another public office or be involved in a
999political party or organization.
1000 Section 13. Section 23A-2-203, which is renumbered from Section 23-14-8 is
1001renumbered and amended to read:
1002 [23-14-8]. 23A-2-203. Director powers.
1003 The director [of the Division of Wildlife Resources], under administrative supervision
1004of the executive director [of the Department of Natural Resources, shall have], has:
1005 (1) executive authority and control of the [Division of Wildlife Resources] division so
1006that policies of the Wildlife Board are carried out in accordance with the laws of this state;
1007 (2) authority over [all] personnel matters;
1008 (3) full control of [all] property acquired and held for the purposes specified in this
1009title; and Enrolled Copy H.B. 30
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1010 (4) authority to declare emergency closed or open seasons in the interest of the wildlife
1011resources of the state.
1012 Section 14. Section 23A-2-204, which is renumbered from Section 23-14-10 is
1013renumbered and amended to read:
1014 [23-14-10]. 23A-2-204. Compensation of division employees -- Travel expenses
1015of director and employees.
1016 [Employees of the Division of Wildlife Resources shall receive such] An employee of
1017the division shall receive the compensation [as] the director [shall determine] determines
1018within limits established for state employees by [the Division of Finance] Title 63A, Chapter
101917, Utah State Personnel Management Act. In addition to salaries provided for within this title,
1020the director and employees of the [Division of Wildlife Resources] division are entitled to
1021receive travel expenses as provided in the rules established by the Division of Finance.
1022 Section 15. Section 23A-2-205, which is renumbered from Section 23-14-12 is
1023renumbered and amended to read:
1024 [23-14-12]. 23A-2-205. Oaths administered by director.
1025 The director [of wildlife resources shall have the power to] may administer oaths for
1026[all] the purposes required in the discharge of [his] the director's duties.
1027 Section 16. Section 23A-2-206, which is renumbered from Section 23-15-2 is
1028renumbered and amended to read:
1029 [23-15-2]. 23A-2-206. Jurisdiction of division over public or private land and
1030waters.
1031 [All wildlife] Wildlife within this state, including wildlife on public or private land or
1032in public or private waters within this state, [shall fall] is within the jurisdiction of the
1033[Division of Wildlife Resources] division.
1034 Section 17. Section 23A-2-207, which is renumbered from Section 23-13-6 is
1035renumbered and amended to read:
1036 [23-13-6]. 23A-2-207. Taking of wildlife by division.
1037 (1) Subject to the other provisions of this section, the division may take wildlife of any H.B. 30 Enrolled Copy
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1038kind from any place and in any manner for purposes considered by the director [of the division]
1039to be in the interest of wildlife conservation.
1040 (2) The division shall deliver notice to an affected landowner or an agent of an affected
1041landowner, either in writing or orally, before the taking of wildlife on privately owned land
1042under this section. The division may take the wildlife immediately after or at a time reasonably
1043required for the taking after delivering notice.
1044 (3) The notice requirements in Subsection (2) do not apply in a situation when there is
1045a threat to public safety or exigent circumstances exist.
1046 Section 18. Section 23A-2-208, which is renumbered from Section 23-13-7 is
1047renumbered and amended to read:
1048 [23-13-7]. 23A-2-208. Use of fireworks and explosives by division employees
1049and certain federal game agents.
1050 Notwithstanding any other provision of law, [employees of the Division of Wildlife
1051Resources and federal game agents] the following may, without obtaining a permit, use
1052fireworks and explosives to rally, drive, or otherwise disperse concentrations of wildlife as may
1053be necessary to protect property or wildlife resources:
1054 (1) an employee of the division designated by the director; or
1055 (2) a federal game agent charged with the duty of managing wildlife resources [may,
1056without obtaining a permit, use fireworks and explosives to rally, drive, or otherwise disperse
1057concentrations of wildlife as may be necessary to protect property or wildlife resources].
1058 Section 19. Section 23A-2-209, which is renumbered from Section 23-14-21 is
1059renumbered and amended to read:
1060 [23-14-21]. 23A-2-209. Transplants of big game, turkeys, wolves, or sensitive
1061species.
1062 (1) The division may transplant big game, turkeys, wolves, or sensitive species only in
1063accordance with:
1064 (a) (i) a list of sites for the transplant of a particular species that is prepared and
1065adopted in accordance with Subsections (2) through (5); Enrolled Copy H.B. 30
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1066 [(b)] (ii) a species management plan, such as a deer or elk management plan adopted
1067under Section [23-16-7] 23A-11-301 or a recovery plan for a threatened or endangered species,
1068provided that:
1069 [(i)] (A) the plan identifies sites for the transplant of the species or the lands or waters
1070the species are expected to occupy; and
1071 [(ii)] (B) the public has had an opportunity to comment and make recommendations on
1072the plan; [or] and
1073 (iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.; or
1074 [(c)] (b) a legal agreement between the state and a tribal government that identifies
1075potential transplants[; and]
1076 [(d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq].
1077 (2) The division shall:
1078 (a) consult with the landowner in determining the suitability of a site for the transplant
1079of a species;
1080 (b) prepare a list of proposed sites for the transplant of species; and
1081 (c) provide notification of proposed sites for the transplant of species to:
1082 (i) local government officials having jurisdiction over areas that may be affected by a
1083transplant; and
1084 (ii) the Resource Development Coordinating Committee created in Section
108563L-11-401.
1086 (3) After receiving comments from local government officials and the Resource
1087Development Coordinating Committee, the division shall submit the list of proposed transplant
1088sites, or a revised list, to regional advisory councils for the one or more regions that may be
1089affected by the transplants of species.
1090 (4) [Each] A regional advisory council reviewing a list of proposed sites for the
1091transplant of species may submit recommendations to the Wildlife Board.
1092 (5) The Wildlife Board shall approve, modify, or reject [each] a proposal for the
1093transplant of a species. H.B. 30 Enrolled Copy
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1094 (6) [Each] A list of proposed transplant sites approved by the Wildlife Board shall have
1095a termination date after which a transplant may not occur.
1096 Section 20. Section 23A-2-301, which is renumbered from Section 23-14-2 is
1097renumbered and amended to read:
1098 Part 3. Wildlife Board and Regional Councils
1099 [23-14-2]. 23A-2-301. Wildlife Board created.
1100 (1) There is created a Wildlife Board [which shall consist] that consists of seven
1101members appointed by the governor with the advice and consent of the Senate in accordance
1102with Title 63G, Chapter 24, Part 2, Vacancies.
1103 (2) (a) In addition to the requirements of Section 79-2-203, the members of the [board]
1104Wildlife Board shall have expertise or experience in at least one of the following areas:
1105 (i) wildlife management or biology;
1106 (ii) habitat management, including range or aquatic;
1107 (iii) business, including knowledge of private land issues; and
1108 (iv) economics, including knowledge of recreational wildlife uses.
1109 (b) [Each] At least one member of the Wildlife Board shall represent each of the areas
1110of expertise under Subsection (2)(a) [shall be represented by at least one member of the
1111Wildlife Board].
1112 (3) (a) The governor shall select [each] a board member from a list of nominees
1113submitted by the nominating committee pursuant to Section [23-14-2.5] 23A-2-302.
1114 (b) No more than two members shall be from a single wildlife region described in
1115Subsection [23-14-2.6] 23A-2-303(1).
1116 (c) The governor may request an additional list of at least two nominees from the
1117nominating committee if the initial list of nominees for a given position is unacceptable.
1118 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
1119the initial or additional list, the nominating committee shall make an interim appointment by
1120majority vote.
1121 (ii) The interim board member shall serve until the matter is resolved by the Enrolled Copy H.B. 30
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1122nominating committee and the governor or until the board member is replaced pursuant to this
1123chapter.
1124 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
1125expire, the governor shall appoint [each] a new member or reappointed member to a six-year
1126term.
1127 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1128time of appointment or reappointment, adjust the length of terms to ensure that:
1129 (i) the terms of board members are staggered so that approximately one-third of the
1130[board] Wildlife Board is appointed every two years; and
1131 (ii) members serving from the same region have staggered terms.
1132 (c) If a vacancy occurs, the nominating committee shall submit at least two names, as
1133provided in Subsection [23-14-2.5] 23A-2-302(4), to the governor and the governor shall
1134appoint a replacement for the unexpired term.
1135 (d) [Board members] A board member may serve only one term unless the board
1136member:
1137 (i) [the member] is among the first board members appointed to serve four years or
1138less; or
1139 (ii) [the member] filled a vacancy under Subsection (4)(c) for four years or less.
1140 (5) (a) The [board] Wildlife Board shall elect a chair and a vice chair from [its] the
1141Wildlife Board's membership.
1142 (b) Four members of the [board shall constitute] Wildlife Board constitutes a quorum.
1143 (c) The director [of the Division of Wildlife Resources] shall act as secretary to the
1144[board] Wildlife Board, but is not a voting member of the [board] Wildlife Board.
1145 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
1146to expeditiously conduct [its] the Wildlife Board's business.
1147 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
1148emergency situations.
1149 (c) Meetings may be held at the Salt Lake City office of the [Division of Wildlife H.B. 30 Enrolled Copy
- 42 -
1150Resources] division or elsewhere as determined by the Wildlife Board.
1151 (7) A member may not receive compensation or benefits for the member's service, but
1152may receive per diem and travel expenses in accordance with:
1153 (a) Section 63A-3-106;
1154 (b) Section 63A-3-107; and
1155 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
115663A-3-107.
1157 (8) (a) [The members] A member of the Wildlife Board shall complete an orientation
1158course to assist [them] the member in the performance of the duties of [their] the member's
1159office.
1160 (b) The [Department of Natural Resources] department shall provide the course
1161required under Subsection (8)(a).
1162 (9) A member shall comply with the conflict of interest provisions described in Title
116363G, Chapter 24, Part 3, Conflicts of Interest.
1164 Section 21. Section 23A-2-302, which is renumbered from Section 23-14-2.5 is
1165renumbered and amended to read:
1166 [23-14-2.5]. 23A-2-302. Wildlife Board Nominating Committee created.
1167 (1) There is created a Wildlife Board Nominating Committee [which shall consist] that
1168consists of 11 members.
1169 (2) The governor shall appoint members to the nominating committee as follows:
1170 (a) three members shall be appointed from a list of at least two nominees per position
1171submitted by the agriculture industry;
1172 (b) three members shall be appointed from a list of at least two nominees per position
1173submitted by sportsmen groups;
1174 (c) two members shall be appointed from a list of at least two nominees per position
1175submitted by nonconsumptive wildlife interests;
1176 (d) one member shall be appointed from a list of at least two nominees submitted by
1177federal land management agencies; Enrolled Copy H.B. 30
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1178 (e) one local elected official shall be appointed from a list of at least two nominees
1179submitted by the Utah Association of Counties; and
1180 (f) one range management specialist shall be appointed from a list of at least two
1181nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah
1182Chapter, The Wildlife Society.
1183 (3) [Each] A wildlife region described in Subsection [23-14-2.6] 23A-2-303(1) shall be
1184represented by at least one member [and no]. A wildlife region may not be represented by more
1185than three members.
1186 (4) The nominating committee shall nominate at least two, but not more than four,
1187candidates for each position or vacancy [which] that occurs on the [board] Wildlife Board.
1188 (5) (a) Except as required by Subsection (5)(b), as terms of current [board] nominating
1189committee members expire, the governor shall appoint [each] a new or reappointed member to
1190a four-year term.
1191 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1192time of appointment or reappointment, adjust the length of terms to ensure that:
1193 (i) the terms of [board] nominating committee members are staggered so that
1194approximately half of the [board] nominating committee is appointed every two years; and
1195 (ii) members from the same wildlife region serve staggered terms.
1196 (c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the
1197same manner that the position was originally filled to serve the remainder of the unexpired
1198term.
1199 (6) The nominating committee shall select a chair and vice chair from [its] the
1200nominating committee's membership.
1201 (7) Six members shall constitute a quorum.
1202 (8) A member of the nominating committee may not receive compensation or benefits
1203for the member's service, but may receive per diem and travel expenses in accordance with:
1204 (a) Section 63A-3-106;
1205 (b) Section 63A-3-107; and H.B. 30 Enrolled Copy
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1206 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
120763A-3-107.
1208 Section 22. Section 23A-2-303, which is renumbered from Section 23-14-2.6 is
1209renumbered and amended to read:
1210 [23-14-2.6]. 23A-2-303. Regional advisory councils created.
1211 (1) There are created five regional advisory councils [which shall] that consist of 12 to
121215 members each from the wildlife region whose boundaries are established for administrative
1213purposes by the division.
1214 (2) The members shall include individuals who represent the following groups and
1215interests:
1216 (a) agriculture;
1217 (b) sportsmen;
1218 (c) nonconsumptive wildlife;
1219 (d) locally elected public officials;
1220 (e) federal land agencies; and
1221 (f) the public at large.
1222 (3) The executive director [of the Department of Natural Resources], in consultation
1223with the director [of the Division of Wildlife Resources], shall select the members from a list
1224of nominees submitted by the respective interest group or agency.
1225 (4) The regional advisory councils shall:
1226 (a) hear broad input, including recommendations, biological data, and information
1227regarding the effects of wildlife;
1228 (b) gather information from staff, the public, and government agencies; and
1229 (c) make recommendations to the Wildlife Board in an advisory capacity.
1230 (5) (a) Except as required by Subsection (5)(b), [each] a member shall serve a four-year
1231term.
1232 (b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall,
1233at the time of appointment or reappointment, adjust the length of terms to ensure that the terms Enrolled Copy H.B. 30
- 45 -
1234of council members are staggered so that approximately half of the council is appointed every
1235two years.
1236 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1237appointed for the unexpired term.
1238 (7) The councils shall determine:
1239 (a) the time and place of meetings; and
1240 (b) [any other] a procedural matter not specified in this chapter.
1241 (8) Members of the councils shall complete an orientation course [as provided]
1242described in Subsection [23-14-2] 23A-2-301(8).
1243 (9) A member may not receive compensation or benefits for the member's service, but
1244may receive per diem and travel expenses in accordance with:
1245 (a) Section 63A-3-106;
1246 (b) Section 63A-3-107; and
1247 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
124863A-3-107.
1249 Section 23. Section 23A-2-304, which is renumbered from Section 23-14-19 is
1250renumbered and amended to read:
1251 [23-14-19]. 23A-2-304. Rules, proclamations, and orders of the Wildlife Board
1252-- Judicial notice of proclamations.
1253 (1) The Wildlife Board shall exercise [its] the Wildlife Board's powers by making rules
1254and issuing proclamations and orders pursuant to this [code] title.
1255 (2) A court shall take judicial notice of a proclamation published under the authority of
1256this title.
1257 Section 24. Section 23A-2-305, which is renumbered from Section 23-14-18 is
1258renumbered and amended to read:
1259 [23-14-18]. 23A-2-305. Establishment of seasons, locations, limits, and
1260regulations by the Wildlife Board.
1261 (1) To provide an adequate and flexible system of protection, propagation, H.B. 30 Enrolled Copy
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1262introduction, increase, control, harvest, management, and conservation of protected wildlife in
1263this state and to provide for the use and development of protected wildlife for public recreation
1264and food supply while maintaining a sustainable population of protected wildlife, the Wildlife
1265Board shall determine the circumstances, time, location, means, and the amounts[,] and
1266numbers of protected wildlife [which] that may be taken.
1267 (2) The Wildlife Board shall, except as otherwise specified in this [code] title:
1268 (a) fix seasons and shorten, extend, or close seasons on any species of protected
1269wildlife in any locality, or in the entire state, if the [board] Wildlife Board finds that the action
1270is necessary to effectuate proper wildlife management and control;
1271 (b) close or open areas to fishing, trapping, or hunting;
1272 (c) establish refuges and preserves;
1273 (d) regulate and prescribe the means by which protected wildlife may be taken;
1274 (e) regulate the transportation and storage of protected wildlife, or [their] the wildlife
1275parts, within the boundaries of the state and the shipment or transportation out of the state;
1276 (f) establish or change bag limits and possession limits;
1277 (g) prescribe safety measures and establish other regulations as may be considered
1278necessary in the interest of wildlife conservation and the safety and welfare of hunters,
1279trappers, fishermen, landowners, and the public;
1280 (h) (i) prescribe when [licenses, permits, tags, and certificates of registration shall be] a
1281license, permit, tag, or certificate of registration is required and procedures for their issuance
1282and use; and
1283 (ii) establish forms and fees for [licenses, permits, tags, and certificates of registration]
1284a license, permit, tag, or certificate of registration; and
1285 (i) [prescribe rules and regulations as it] make rules, in accordance with Title 63G,
1286Chapter 3, Utah Administrative Rulemaking Act, as the Wildlife Board may consider necessary
1287to control the use and harvest of protected wildlife by private associations, clubs, partnerships,
1288or corporations, provided the rules [and regulations] do not preclude the landowner from
1289personally controlling trespass upon the owner's properties nor from charging a fee to trespass Enrolled Copy H.B. 30
- 47 -
1290for purposes of hunting or fishing.
1291 (3) The Wildlife Board may allow a season on protected wildlife to commence on any
1292day of the week except Sunday.
1293 (4) The Wildlife Board shall establish fees for licenses, permits, tags, and certificates
1294of registration in accordance with Section 63J-1-504.
1295 (5) The Wildlife Board may not issue a license, permit, tag, or certificate of registration
1296as a reward for an individual's assistance with a prosecution for violation of Section 76-6-111.
1297 Section 25. Section 23A-2-401, which is renumbered from Section 23-22-1 is
1298renumbered and amended to read:
1299 Part 4. Cooperative and Reciprocal Agreements
1300 [23-22-1]. 23A-2-401. Cooperative agreements and programs authorized.
1301 (1) The [Division of Wildlife Resources] division may enter into cooperative
1302agreements and programs with other state agencies, federal agencies, states, educational
1303institutions, municipalities, counties, corporations, organized clubs, landowners, associations,
1304and individuals for purposes of wildlife conservation.
1305 (2) Cooperative agreements that are policy in nature shall be:
1306 (a) approved by the executive director [of the Department of Natural Resources]; and
1307 (b) reviewed by the Wildlife Board.
1308 Section 26. Section 23A-2-402, which is renumbered from Section 23-22-2 is
1309renumbered and amended to read:
1310 [23-22-2]. 23A-2-402. Acceptance of Acts of Congress.
1311 (1) The state assents to [the provisions of] the Wildlife Restoration Act, 16 U.S.C. Sec.
1312669 et seq., [Wildlife Restoration Act] and the Sport Fish Restoration Act, 16 U.S.C. 777 et
1313seq.[, Sport Fish Restoration Act.]
1314 (2) The division shall conduct and establish cooperative fish and wildlife restoration
1315projects as provided by the acts specified in Subsection (1) and rules [promulgated] made
1316under those acts.
1317 (3) The following revenues received by the state may not be used for any purpose other H.B. 30 Enrolled Copy
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1318than the administration of the division:
1319 (a) revenue from the sale of [any] a license, permit, tag, [stamp,] or certificate of
1320registration that conveys to a person the privilege to take wildlife for sport or recreation, less
1321reasonable vendor fees;
1322 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1323property acquired with revenue specified in Subsection (3)(a);
1324 (c) interest, dividends, or other income earned on revenue specified in Subsection
1325(3)(a) or (b); and
1326 (d) federal aid project reimbursements to the extent that revenue specified in
1327Subsection (3)(a) or (b) originally funded the project for which the reimbursement is being
1328made.
1329 Section 27. Section 23A-2-403, which is renumbered from Section 23-22-3 is
1330renumbered and amended to read:
1331 [23-22-3]. 23A-2-403. Reciprocal agreements with other states.
1332 (1) The Wildlife Board [is authorized to] may enter into reciprocal agreements with
1333other states to:
1334 (a) license and regulate fishing, hunting, and related activities; and
1335 (b) promote and implement wildlife management programs.
1336 (2) Reciprocal agreements shall be approved by the executive director [of the
1337Department of Natural Resources].
1338 Section 28. Section 23A-2-501, which is renumbered from Section 23-25-2 is
1339renumbered and amended to read:
1340 Part 5. Wildlife Violator Compact
1341 [23-25-2]. 23A-2-501. Adoption and text of compact.
1342 (1) The participating states find that:
1343 (a) Wildlife resources are managed in trust by the respective states for the benefit of all
1344residents and visitors.
1345 (b) The protection of the wildlife resources of a state is materially affected by the Enrolled Copy H.B. 30
- 49 -
1346degree of compliance with state statutes, laws, regulations, ordinances, and administrative rules
1347relating to the management of the resources.
1348 (c) The preservation, protection, management, and restoration of wildlife contributes
1349immeasurably to the aesthetic, recreational, and economic aspects of the natural resources.
1350 (d) Wildlife resources are valuable without regard to political boundaries; therefore,
1351every person should be required to comply with wildlife preservation, protection, management,
1352and restoration laws, ordinances, and administrative rules and regulations of the participating
1353states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap,
1354or possess wildlife.
1355 (e) Violation of wildlife laws interferes with the management of wildlife resources and
1356may endanger the safety of persons and property.
1357 (f) The mobility of many wildlife law violators necessitates the maintenance of
1358channels of communication among the various states.
1359 (g) Usually, a person who is cited for a wildlife violation in a state other than his home
1360state:
1361 (i) is required to post collateral or bond to secure appearance for a trial at a later date;
1362or
1363 (ii) is taken directly into custody until collateral or bond is posted; or
1364 (iii) is taken directly to court for an immediate appearance.
1365 (h) The purpose of the enforcement practices set forth in Subsection (1)(g) is to ensure
1366compliance with the terms of a wildlife citation by the cited person who, if permitted to
1367continue on his way after receiving the citation, could return to his home state and disregard his
1368duty under the terms of the citation.
1369 (i) In most instances, a person receiving a wildlife citation in his home state is
1370permitted to accept the citation from the officer at the scene of the violation and immediately
1371continue on his way after agreeing or being instructed to comply with the terms of the citation.
1372 (j) The practices described in Subsection (1)(g) cause unnecessary inconvenience and,
1373at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, H.B. 30 Enrolled Copy
- 50 -
1374stand trial, or pay a fine, and is compelled to remain in custody until some alternative
1375arrangement is made.
1376 (k) The enforcement practices described in Subsection (1)(g) consume an undue
1377amount of enforcement time.
1378 (2) It is the policy of the participating states to:
1379 (a) promote compliance with the statutes, laws, ordinances, regulations, and
1380administrative rules relating to the management of wildlife resources in their respective states;
1381 (b) recognize the suspension of wildlife license privileges of a person whose license
1382privileges have been suspended by a participating state and treat the suspension as if it had
1383occurred in their state;
1384 (c) allow a violator, except as provided in Subsection [23-25-4] 23A-2-503(2), to
1385accept a wildlife citation and, without delay, proceed on his way, whether or not the violator is
1386a resident of the state in which the citation was issued, provided that the violator's home state is
1387a party to this compact;
1388 (d) report to the appropriate participating state, as provided in the compact manual, a
1389conviction recorded against a person whose home state was not the issuing state;
1390 (e) allow the home state to recognize and treat convictions recorded against its
1391residents, which convictions occurred in a participating state, as though they had occurred in
1392the home state;
1393 (f) extend cooperation to its fullest extent among the participating states for enforcing
1394compliance with the terms of a wildlife citation issued in one participating state to a resident of
1395another state;
1396 (g) maximize effective use of law enforcement personnel and information; and
1397 (h) assist court systems in the efficient disposition of wildlife violations.
1398 Section 29. Section 23A-2-502, which is renumbered from Section 23-25-3 is
1399renumbered and amended to read:
1400 [23-25-3]. 23A-2-502. Definitions.
1401 As used in this compact: Enrolled Copy H.B. 30
- 51 -
1402 (1) "Citation" means a summons, complaint, summons and complaint, ticket, penalty
1403assessment, or other official document issued to a person by a wildlife officer or other peace
1404officer for a wildlife violation which contains an order requiring the person to respond.
1405 (2) "Collateral" means cash or other security deposited to secure an appearance for trial
1406in connection with the issuance by a wildlife officer or other peace officer of a citation for a
1407wildlife violation.
1408 (3) "Compliance" with respect to a citation means the act of answering a citation
1409through an appearance in a court or tribunal, or through the payment of fines, costs, and
1410surcharges.
1411 (4) "Conviction" means a conviction, including any court conviction, for an offense
1412related to the preservation, protection, management, or restoration of wildlife which is
1413prohibited by state statute, law, regulation, ordinance, or administrative rule. This conviction
1414shall also include the forfeiture of any bail, bond, or other security deposited to secure
1415appearance by a person charged with having committed the offense, the payment of a penalty
1416assessment, a plea of nolo contendere and the imposition of a deferred or suspended sentence
1417by the court.
1418 (5) "Court" means a court of law, including magistrate's court and the justice of the
1419peace court.
1420 (6) "Home state" means the state of primary residence of a person.
1421 (7) "Issuing state" means the participating state which issues a wildlife citation to the
1422violator.
1423 (8) "License" means a license, permit, or other public document which conveys to the
1424person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife
1425regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
1426 (9) "Licensing authority" means the department or division within each participating
1427state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or
1428possess wildlife.
1429 (10) "Participating state" means any state which enacts legislation to become a member H.B. 30 Enrolled Copy
- 52 -
1430of this wildlife compact.
1431 (11) "Personal recognizance" means an agreement by a person made at the time of
1432issuance of the wildlife citation that the person will comply with the terms of the citation.
1433 (12) "State" means a state, territory, or possession of the United States, the District of
1434Columbia, the Commonwealth of Puerto Rico, the provinces of Canada, and the other
1435countries.
1436 (13) "Suspension" means a revocation, denial, or withdrawal of any or all license
1437privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by
1438any license.
1439 (14) "Wildlife" means species of animals including, but not limited to, mammals,
1440birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and
1441are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative
1442rule in a participating state. Species included in the definition of "wildlife" vary from state to
1443state and determination of whether a species is "wildlife" for the purpose of this compact shall
1444be based on local law.
1445 (15) "Wildlife law" means any statute, law, regulation, ordinance, or administrative
1446rule developed and enacted for the management and use of wildlife resources.
1447 (16) "Wildlife officer" means an individual authorized by a participating state to issue a
1448citation for a wildlife violation.
1449 (17) "Wildlife violation" means a cited violation of a statute, law, regulation,
1450ordinance, or administrative rule developed and enacted for the management and use of
1451wildlife resources.
1452 Section 30. Section 23A-2-503, which is renumbered from Section 23-25-4 is
1453renumbered and amended to read:
1454 [23-25-4]. 23A-2-503. Procedures for issuing state.
1455 (1) When issuing a citation for a wildlife violation, a wildlife officer shall issue a
1456citation to a person whose primary residence is in a participating state in the same manner as
1457though the person were a resident of the issuing state and shall not require the person to post Enrolled Copy H.B. 30
- 53 -
1458collateral to secure appearance, subject to the exceptions under Subsection (2), if the officer
1459receives the recognizance of the person that he will comply with the terms of the citation.
1460 (2) Personal recognizance is acceptable:
1461 (a) if not prohibited by local law or the compact manual; and
1462 (b) if the violator provides adequate proof of identification to the wildlife officer.
1463 (3) (a) Upon conviction or failure of a person to comply with the terms of a wildlife
1464citation, the appropriate official shall report the conviction or failure to comply to the licensing
1465authority of the participating state in which the wildlife citation was issued.
1466 (b) The report shall be made in accordance with procedures specified by the issuing
1467state and shall contain information as specified in the compact manual as minimum
1468requirements for effective processing by the home state.
1469 (4) Upon receipt of the report of a conviction or noncompliance pursuant to Subsection
1470(3)(b), the licensing authority of the issuing state shall transmit to the licensing authority of the
1471home state of the violator the information in the form and with the content as prescribed in the
1472compact manual.
1473 Section 31. Section 23A-2-504, which is renumbered from Section 23-25-5 is
1474renumbered and amended to read:
1475 [23-25-5]. 23A-2-504. Procedure for home state.
1476 (1) (a) Upon receipt of a report from the licensing authority of the issuing state
1477reporting the failure of a violator to comply with the term of a citation, the licensing authority
1478of the home state shall:
1479 (i) notify the violator;
1480 (ii) initiate a suspension action in accordance with the home state's suspension
1481procedures; and
1482 (iii) suspend the violator's license privileges until satisfactory evidence of compliance
1483with the terms of the wildlife citation has been furnished by the issuing state to the home state
1484licensing authority.
1485 (b) Due process safeguards will be accorded. H.B. 30 Enrolled Copy
- 54 -
1486 (2) Upon receipt of a report of conviction from the licensing authority of the issuing
1487state, the licensing authority of the home state shall enter the conviction as though it occurred
1488in the home state for the purposes of the suspension of license privileges.
1489 (3) The licensing authority of the home state shall:
1490 (a) maintain a record of actions taken; and
1491 (b) make reports to issuing states as provided in the compact manual.
1492 Section 32. Section 23A-2-505, which is renumbered from Section 23-25-6 is
1493renumbered and amended to read:
1494 [23-25-6]. 23A-2-505. Reciprocal recognition of suspension.
1495 (1) All participating states shall recognize the suspension of license privileges of a
1496person by the participating state as though the violation resulting in the suspension:
1497 (a) had occurred in their state; and
1498 (b) could have been the basis of the suspension of license privileges in their state.
1499 (2) Each participating state shall communicate suspension information to other
1500participating states in the form and with the content as contained in the compact manual.
1501 Section 33. Section 23A-2-506, which is renumbered from Section 23-25-7 is
1502renumbered and amended to read:
1503 [23-25-7]. 23A-2-506. Applicability of other laws.
1504 Except as expressly required by provisions of this compact, nothing herein shall be
1505construed to affect the right of any participating state to apply any of its laws relating to license
1506privileges to a person or circumstance or to invalidate or prevent any agreement or other
1507cooperative arrangement between a participating state and a nonparticipating state concerning
1508wildlife law enforcement.
1509 Section 34. Section 23A-2-507, which is renumbered from Section 23-25-8 is
1510renumbered and amended to read:
1511 [23-25-8]. 23A-2-507. Compact administrator procedures.
1512 (1) (a) A Board of Compact Administrators is established to:
1513 (i) administer the provisions of this compact; and Enrolled Copy H.B. 30
- 55 -
1514 (ii) serve as a governing body for the resolution of all matters relating to the operation
1515of this compact.
1516 (b) The board shall be composed of one representative from each of the participating
1517states to be known as the compact administrator.
1518 (c) The compact administrator shall be appointed by the head of the licensing authority
1519of each participating state and shall serve and be subject to removal in accordance with the
1520laws of the state he represents.
1521 (d) A compact administrator may provide for the discharge of his duties and the
1522performance of his function as a board member by an alternate.
1523 (e) An alternate shall not be entitled to serve unless written notification of his identity
1524has been given to the board.
1525 (2) (a) Each member of the board of compact administrators shall be entitled to one
1526vote.
1527 (b) An action of the board shall not be binding unless taken at a meeting at which a
1528majority of the total number of the board's votes are cast in favor thereof.
1529 (c) Action by the board shall be only at a meeting at which a majority of the
1530participating states are represented.
1531 (3) The board shall elect annually from its membership a chairman and vice-chairman.
1532 (4) The board shall adopt bylaws not inconsistent with the provisions of this compact
1533or the laws of a participating state for the conduct of its business and shall have the power to
1534amend and rescind its bylaws.
1535 (5) The board may accept for any of its purposes and functions under this compact any
1536and all donations and grants of money, equipment, supplies, materials, and services,
1537conditional or otherwise, from any state, the United States, or any governmental agency, and
1538may receive, utilize, and dispose of the donations and grants.
1539 (6) The board may contract with, or accept services or personnel from, any
1540governmental or intergovernmental agency, individual, firm, or corporation, or any private
1541nonprofit organization or institution. H.B. 30 Enrolled Copy
- 56 -
1542 (7) The board shall formulate all necessary procedures and develop uniform forms and
1543documents for administering the provisions of this compact. All procedures and forms adopted
1544to board action shall be contained in a compact manual.
1545 Section 35. Section 23A-2-508, which is renumbered from Section 23-25-9 is
1546renumbered and amended to read:
1547 [23-25-9]. 23A-2-508. Entry into compact and withdrawal.
1548 (1) This compact shall become effective at the time it is adopted in substantially
1549similar form by two or more states.
1550 (2) (a) Entry into the compact shall be made by resolution of ratification by the
1551authorized officials of the applying state and submitted to the chairman of the board.
1552 (b) The resolution shall substantially be in the form and content as provided in the
1553compact manual and shall include the following:
1554 (i) a citation of the authority from which the state is empowered to become a party to
1555this compact;
1556 (ii) an agreement of compliance with the terms and provisions of this compact; and
1557 (iii) an agreement that compact entry is with all states participating in the compact and
1558with all additional states legally becoming a party to the compact.
1559 (c) The effective date of entry shall be specified by the applying state but shall not be
1560less than 60 days after notice has been given:
1561 (i) by the chairman of the board of the compact administrators; or
1562 (ii) by the secretary of the board to each participating state that the resolution from the
1563applying state has been received.
1564 (3) A participating state may withdraw from participation in this compact by official
1565written notice to each participating state, but withdrawal shall not become effective until 90
1566days after the notice of withdrawal is given. No withdrawal of any state shall affect the validity
1567of this compact as to the remaining participating states.
1568 Section 36. Section 23A-2-509, which is renumbered from Section 23-25-10 is
1569renumbered and amended to read: Enrolled Copy H.B. 30
- 57 -
1570 [23-25-10]. 23A-2-509. Amendments to the compact.
1571 (1) This compact may be amended from time to time. Amendments shall be presented
1572in resolution form to the chairman of the Board of Compact Administrators and shall be
1573initiated by one or more participating states.
1574 (2) Adoption of an amendment shall require endorsement by all participating states and
1575shall become effective 30 days after the date of the last endorsement.
1576 (3) Failure of a participating state to respond to the compact chairman within 120 days
1577after receipt of a proposed amendment shall constitute endorsement thereof.
1578 Section 37. Section 23A-2-510, which is renumbered from Section 23-25-11 is
1579renumbered and amended to read:
1580 [23-25-11]. 23A-2-510. Construction and severability.
1581 (1) This compact shall be liberally construed so as to effectuate the purposes stated
1582herein.
1583 (2) The provisions of this compact shall be severable and if a phrase, clause, sentence,
1584or provision of this compact is declared to be contrary to the constitution of a participating state
1585or of the United States, or the applicability thereof to a government, agency, individual, or
1586circumstance is held invalid, the validity of the remainder of this compact shall not be affected
1587thereby.
1588 (3) If this compact is held contrary to the constitution of a participating state, the
1589compact shall remain in full force and effect as to the remaining states and in full force and
1590effect as to the participating state affected regarding all severable matters.
1591 Section 38. Section 23A-2-511, which is renumbered from Section 23-25-13 is
1592renumbered and amended to read:
1593 [23-25-13]. 23A-2-511. Licensing authority -- Administrator -- Expenses.
1594 (1) The Division of Wildlife Resources is designated as the licensing authority in this
1595state for the purpose of the compact.
1596 (2) The director of the Division of Wildlife Resources shall furnish to the appropriate
1597authorities of the participating states any information or documents reasonably necessary to H.B. 30 Enrolled Copy
- 58 -
1598facilitate the administration of the compact.
1599 (3) The compact administrator provided for in Section [23-25-8] 23A-2-507, "Wildlife
1600Violator Compact," shall not be entitled to any additional compensation for his service as the
1601administrator but shall be entitled to expenses incurred in connection with his duties and
1602responsibilities as administrator in the same manner as for expenses incurred in connection
1603with any other duties or responsibilities of his office or employment.
1604 Section 39. Section 23A-3-101 is enacted to read:
1605 CHAPTER 3. FUNDS AND ACCOUNTS
1606 Part 1. General Provisions
1607 23A-3-101. Definitions.
1608 Reserved.
1609 Section 40. Section 23A-3-201, which is renumbered from Section 23-14-13 is
1610renumbered and amended to read:
1611 Part 2. Funds and Accounts in General
1612 [23-14-13]. 23A-3-201. Wildlife Resources Account -- Unexpected fund
1613balances converted to General Fund account.
1614 (1) There is created a restricted account within the General Fund known as the
1615"Wildlife Resources Account."
1616 (2) The following money shall be deposited into the Wildlife Resources Account:
1617 (a) revenue from the sale of licenses, permits, tags, and certificates of registration
1618issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
1619provided by this title;
1620 (b) revenue from the sale, lease, rental, or other granting of rights of real or personal
1621property acquired with revenue specified in Subsection (2)(a);
1622 (c) revenue from fines and forfeitures for violations of this title or [any] a rule,
1623proclamation, or order of the Wildlife Board, minus court costs not to exceed the schedule
1624adopted by the Judicial Council;
1625 (d) [funds] money appropriated from the General Fund by the Legislature pursuant to Enrolled Copy H.B. 30
- 59 -
1626Section [23-19-39] 23A-4-306;
1627 (e) other money received by the division under [any provision of] this title, except as
1628otherwise provided by this title; and
1629 (f) interest, dividends, or other income earned on account money.
1630 (3) Money in the Wildlife Resources Account shall be used for the administration of
1631this title.
1632 (4) The state auditor and director of the Division of Finance shall, at the close of the
1633fiscal year, convert into the Wildlife Resources Account the unexpended balances of the
1634Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife
1635Board for capital outlay projects or other programs that may extend beyond the close of the
1636fiscal year.
1637 Section 41. Section 23A-3-202, which is renumbered from Section 23-14-14 is
1638renumbered and amended to read:
1639 [23-14-14]. 23A-3-202. Grants or gifts accepted by division -- Special account.
1640 The [Division of Wildlife Resources is authorized to] division may accept grants or
1641gifts of money, property, water rights or other endowments that [will] benefit the wildlife
1642resources of the state. [Money] The division shall place money as received [shall be placed] in
1643a special account to be used for specific use as indicated by the grantor.
1644 Section 42. Section 23A-3-203, which is renumbered from Section 23-14-13.5 is
1645renumbered and amended to read:
1646 [23-14-13.5]. 23A-3-203. Support for State-Owned Shooting Ranges
1647Restricted Account.
1648 (1) There is created in the General Fund a restricted account known as the "Support for
1649State-Owned Shooting Ranges Restricted Account."
1650 (2) The account shall be funded by:
1651 (a) contributions deposited into the [account] Support for State-Owned Shooting
1652Ranges Restricted Account in accordance with Section 41-1a-422;
1653 (b) private contributions; and H.B. 30 Enrolled Copy
- 60 -
1654 (c) donations or grants from public or private entities.
1655 (3) Upon appropriation by the Legislature, the division shall distribute [funds] money
1656in the [account] Support for State-Owned Shooting Ranges Restricted Account to facilitate
1657construction of new firearm shooting ranges, and operation and maintenance of existing ranges,
1658that are:
1659 (a) built on land owned or leased by the state;
1660 (b) owned by the division; and
1661 (c) operated by the division or the division's contractors.
1662 (4) The division shall only expend the [funds] Support for State-Owned Shooting
1663Ranges Restricted Account to:
1664 (a) construct, operate, and maintain firearm shooting ranges described in Subsection
1665(3); and
1666 (b) pay the costs of issuing or reordering Support the 2nd Amendment and
1667State-Owned Shooting Ranges support special group license plate decals.
1668 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
1669nonlapsing.
1670 Section 43. Section 23A-3-204, which is renumbered from Section 23-14-14.2 is
1671renumbered and amended to read:
1672 [23-14-14.2]. 23A-3-204. Wildlife Resources Conservation Easement
1673Restricted Account.
1674 (1) There is created within the General Fund a restricted account known as the
1675"Wildlife Resources Conservation Easement Account."
1676 (2) The Wildlife Resources Conservation Easement Account consists of:
1677 (a) grants from private foundations;
1678 (b) grants from local governments, the state, or the federal government;
1679 (c) grants from the Land Conservation Board created under Section 4-46-201;
1680 (d) donations from landowners for monitoring and managing conservation easements;
1681 (e) donations from any other person; and Enrolled Copy H.B. 30
- 61 -
1682 (f) interest on account money.
1683 (3) Upon appropriation by the Legislature, the [Division of Wildlife Resources]
1684division shall use money from the [account] Wildlife Resources Conservation Easement
1685Account to monitor and manage conservation easements held by the division.
1686 (4) The division may not receive or expend donations from the [account] Wildlife
1687Resources Conservation Easement Account to acquire conservation easements.
1688 Section 44. Section 23A-3-205, which is renumbered from Section 23-13-20 is
1689renumbered and amended to read:
1690 [23-13-20]. 23A-3-205. Wildlife Conservation Fund.
1691 (1) As used in this section:
1692 (a) "Fund" means the Wildlife Conservation Fund created by this section.
1693 (b) "Wildlife conservation permit program" means a program under which the division
1694issues permit opportunities to be sold by a conservation organization for auction to the highest
1695bidder at a fund-raising event.
1696 (c) "Wildlife exposition program" means a program under which the division allocates
1697permits to a drawing administered by a selected conservation organization as part of a regional
1698or national exposition for the purpose of generating revenue to fund wildlife conservation
1699activities in Utah.
1700 (2) There is created an expendable special revenue fund known as the "Wildlife
1701Conservation Fund."
1702 (3) The fund consists of:
1703 (a) wildlife conservation permit program revenue transferred to the division pursuant to
1704rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
1705Administrative Rulemaking Act;
1706 (b) wildlife exposition program revenue transferred to the division pursuant to rules,
1707made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative
1708Rulemaking Act;
1709 (c) money appropriated to the fund by the Legislature; H.B. 30 Enrolled Copy
- 62 -
1710 (d) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted
1711by the division and specifically directed to the fund; and
1712 (e) interest and earnings on the fund.
1713 (4) (a) The fund shall earn interest and other earnings.
1714 (b) The interest and earnings described in Subsection (4)(a) shall be deposited into the
1715fund.
1716 (5) (a) The division shall use proceeds in the fund to carry out the purposes of the
1717wildlife conservation permit program or wildlife exposition program.
1718 (b) Deposits into and expenditures from the fund shall specifically identify the wildlife
1719conservation permit program or wildlife exposition program to which the deposits and
1720expenditures apply.
1721 (c) The division shall make expenditures from the fund consistent with the rules
1722governing the applicable program.
1723 (6) The division shall annually report to the Natural Resources, Agriculture, and
1724Environmental Quality Appropriations Subcommittee regarding:
1725 (a) the amount of money in the fund [from];
1726 (b) the sources of money [for] in the fund; and
1727 (c) how the money is expended.
1728 Section 45. Section 23A-3-206, which is renumbered from Section 23-14-14.3 is
1729renumbered and amended to read:
1730 [23-14-14.3]. 23A-3-206. Donations related to donation of wild game meat
1731-- Wild Game Meat Donation Fund.
1732 (1) As used in this section:
1733 [(a) "Division" means the Division of Wildlife Resources.]
1734 [(b)] (a) "Fund" means the expendable special revenue fund created in this section.
1735 [(c)] (b) "Nonprofit charitable organization" means the same as that term is defined in
1736Section 4-34-102.
1737 [(d)] (c) "Wild game" means the same as that term is defined in Section 4-32-105. Enrolled Copy H.B. 30
- 63 -
1738 (2) There is created an expendable special revenue fund known as the "Wild Game
1739Meat Donation Fund."
1740 (3) The fund consists of:
1741 (a) donations made to the division for the purpose of addressing the processing of wild
1742game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1743organization to feed individuals in need;
1744 (b) appropriations from the Legislature; and
1745 (c) interest and earnings on the fund.
1746 (4) The state treasurer shall invest the money in the fund according to Title 51, Chapter
17477, State Money Management Act, except that the state treasurer shall deposit in the fund
1748interest or other earnings derived from those investments [shall be deposited into the fund].
1749 (5) The division may use money in the fund only to address the processing of wild
1750game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable
1751organization to feed individuals in need.
1752 (6) The division shall coordinate with the Department of Agriculture and Food to
1753implement this section.
1754 Section 46. Section 23A-3-207, which is renumbered from Section 23-19-43 is
1755renumbered and amended to read:
1756 [23-19-43]. 23A-3-207. Wildlife Habitat Account.
1757 (1) There is created a restricted account within the General Fund known as the
1758"Wildlife Habitat Account."
1759 (2) The contents of the [account] Wildlife Habitat Account shall consist of:
1760 (a) revenue from the sale of licenses, permits, [stamps,] and certificates of registration[,
1761and Wildlife Heritage certificates] as provided in Section [23-19-47] 23A-3-208;
1762 (b) money donated to the division for a purpose specified in Subsection (6); and
1763 (c) interest and earnings on account money.
1764 (3) [Revenue] The division shall use the revenue from the sale of licenses, permits,
1765[stamps,] and certificates of registration[, and Wildlife Heritage certificates] that is deposited to H.B. 30 Enrolled Copy
- 64 -
1766the account pursuant to Section [23-19-47 shall be used by the division] 23A-3-208, after
1767appropriation by the Legislature, as provided in Subsections (4) through (6).
1768 (4) (a) [Each] The division shall allocate in a fiscal year up to $70,000 or 4% of the
1769annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1770be allocated] for the development, restoration, and preservation of wetlands that are beneficial
1771to waterfowl.
1772 (b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the
1773Legislature for use by a nonprofit conservation organization for wetland development projects
1774within the state that benefit waterfowl.
1775 (5) (a) [Each] The division shall allocate in a fiscal year up to $230,000 or 12% of the
1776annual deposits to the [account] Wildlife Habitat Account, whichever amount is greater, [shall
1777be allocated] to upland game projects as follows:
1778 (i) the control of predators;
1779 (ii) the development, improvement, restoration, or maintenance of critical habitat
1780through the establishment of landowner incentives, cooperative programs, or other means;
1781 (iii) the acquisition or preservation of critical habitat;
1782 (iv) landowner habitat education and assistance programs;
1783 (v) public access to private lands; and
1784 (vi) upland game transplant and reintroduction programs.
1785 [(b) As used in this section "upland game" means pheasant, quail, chukar, partridge,
1786sage grouse, sharp-tailed grouse, Hungarian partridge, ruffed grouse, blue grouse, ptarmigan,
1787mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.]
1788 [(c)] (b) Money allocated to upland game may not be used for the acquisition,
1789development, improvement, restoration, or maintenance of habitat within commercial hunting
1790areas.
1791 [(d)] (c) No more than 5% of the money allocated to upland game may be used for
1792landowner habitat education programs.
1793 [(e)] (d) The division shall use money allocated to upland game [shall be used] for Enrolled Copy H.B. 30
- 65 -
1794programs and activities relating to upland game species based generally upon the proportion of
1795average annual hunter participation for each species.
1796 [(f)] (e) Projects for which free public access is assured shall receive first priority for
1797funding from money allocated to upland game.
1798 [(g)] (f) Projects for which public access is assured shall receive second priority for
1799funding from money allocated to upland game.
1800 (6) The division shall use remaining money in the [account shall be used] Wildlife
1801Habitat Account for the following purposes:
1802 (a) the enhancement, acquisition, preservation, protection, and management of aquatic
1803and terrestrial wildlife habitat; and
1804 (b) to improve access for fishing and hunting.
1805 (7) The division shall seek the advice and recommendations of the Habitat Council,
1806created by the division, regarding the expenditure of account money.
1807 (8) Donations of money deposited into the [account] Wildlife Habitat Account and
1808interest earned on that money shall be expended:
1809 (a) as directed by the donor; and
1810 (b) without being appropriated by the Legislature.
1811 Section 47. Section 23A-3-208, which is renumbered from Section 23-19-47 is
1812renumbered and amended to read:
1813 [23-19-47]. 23A-3-208. Portion of revenue from license, permit, and certificate
1814of registration fees deposited into Wildlife Habitat Account.
1815 (1) Fifty cents of the fee charged for [any of the following licenses or stamps] a
1816one-day fishing license shall be deposited in the Wildlife Habitat Account created in Section
1817[23-19-43:] 23A-3-207.
1818 [(a) a one-day fishing license; or]
1819 [(b) a one-day fishing stamp.]
1820 (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
1821permits shall be deposited in the Wildlife Habitat Account created in Section [23-19-43] H.B. 30 Enrolled Copy
- 66 -
182223A-3-207:
1823 (a) a fishing license, except any one-day fishing license;
1824 (b) a hunting license;
1825 (c) a combination license;
1826 (d) a furbearer license; or
1827 (e) a fishing permit[, except any fish stamp].
1828 (3) Four dollars and seventy-five cents of the fee charged for any of the following
1829certificates of registration[, permits, or Wildlife Heritage certificates] or permits shall be
1830deposited in the Wildlife Habitat Account created in Section [23-19-43] 23A-3-207:
1831 (a) a certificate of registration for the dedicated hunter program, except a certificate of
1832registration issued to a lifetime licensee;
1833 (b) a big game permit;
1834 (c) a bear permit;
1835 (d) a cougar permit;
1836 (e) a turkey permit; or
1837 (f) a muskrat permit[; or]
1838 [(g) a Wildlife Heritage certificate].
1839 Section 48. Section 23A-3-209, which is renumbered from Section 23-19-48 is
1840renumbered and amended to read:
1841 [23-19-48]. 23A-3-209. Predator Control Restricted Account.
1842 (1) There is created a restricted account within the General Fund known as the
1843"Predator Control Restricted Account."
1844 (2) The [restricted account] Predator Control Restricted Account includes:
1845 (a) deposits made to the [restricted account] Predator Control Restricted Account from
1846fees established on hunting permits in accordance with Section [23-19-22] 23A-4-703; and
1847 (b) [any other amount] other amounts deposited in the [restricted account] Predator
1848Control Restricted Account from donations or appropriations.
1849 (3) [Money from the restricted account shall be used by the] The division shall use Enrolled Copy H.B. 30
- 67 -
1850money from the Predator Control Restricted Account to fund a predator control program to
1851control populations of predatory animals that endanger the health of nonpredatory wildlife
1852populations in the state, consistent with the policies of the Wildlife Board.
1853 Section 49. Section 23A-3-210, which is renumbered from Section 23-15-14 is
1854renumbered and amended to read:
1855 [23-15-14]. 23A-3-210. State Fish Hatchery Maintenance Account.
1856 (1) There is created a restricted account within the General Fund known as the "State
1857Fish Hatchery Maintenance Account."
1858 (2) The following money shall be deposited into the [account] State Fish Hatchery
1859Maintenance Account:
1860 (a) $2.00 of [each] a fishing license fee or combination license fee; and
1861 (b) interest and earnings on account money.
1862 (3) [Money in the account shall be used by the] The division, after appropriation by the
1863Legislature, shall use money in the State Fish Hatchery Maintenance Account for major repairs
1864or replacement of facilities and equipment at fish hatcheries owned and operated by the
1865division for the production and distribution of fish to enhance sport fishing opportunities in the
1866state.
1867 Section 50. Section 23A-3-211, which is renumbered from Section 23-27-305 is
1868renumbered and amended to read:
1869 [23-27-305]. 23A-3-211. Aquatic Invasive Species Interdiction Account.
1870 (1) There is created within the General Fund a restricted account known as the
1871"Aquatic Invasive Species Interdiction Account."
1872 (2) The [restricted account] Aquatic Invasive Species Interdiction Account shall consist
1873of:
1874 (a) nonresident aquatic invasive species fees collected under Section [23-27-304]
187523A-10-304;
1876 (b) resident aquatic invasive species fees collected under Section 73-18-26; and
1877 (c) [any other amount] other amounts deposited in the [restricted account] Aquatic H.B. 30 Enrolled Copy
- 68 -
1878Invasive Species Interdiction Account from donations, appropriations, contractual agreements,
1879and accrued interest.
1880 (3) Upon appropriation, the division shall use the fees collected under [Sections
188123-27-305] this section and Section 73-18-26 and deposited in the Aquatic Invasive Species
1882Account to fund aquatic invasive species prevention and containment efforts.
1883 Section 51. Section 23A-3-212, which is renumbered from Section 23-30-103 is
1884renumbered and amended to read:
1885 [23-30-103]. 23A-3-212. Mule Deer Protection Account.
1886 (1) There is created a restricted account within the General Fund known as the "Mule
1887Deer Protection Restricted Account."
1888 (a) The [restricted account] Mule Deer Protection Restricted Account shall consist of:
1889 (i) appropriations made by the Legislature; and
1890 (ii) grants or donations from:
1891 (A) the federal government;
1892 (B) a state agency;
1893 (C) a local government; or
1894 (D) a person.
1895 (b) The division shall administer the [restricted account] Mule Deer Protection
1896Restricted Account.
1897 (2) Subject to appropriation, the division may expend money in the [restricted account]
1898Mule Deer Protection Restricted Account on:
1899 (a) a program established by rule under Subsection [23-30-104] 23A-11-402(1);
1900 (b) a contract for targeted predator control described in Subsection [23-30-104]
190123A-11-402(3)(a);
1902 (c) predator control education and training related to mule deer protection described in
1903Subsection [23-30-104] 23A-11-402(3)(b); and
1904 (d) administration costs incurred to carry out [the requirements of this chapter] Chapter
190511, Part 4, Mule Deer Protection. Enrolled Copy H.B. 30
- 69 -
1906 Section 52. Section 23A-3-213, which is renumbered from Section 23-19-17.7 is
1907renumbered and amended to read:
1908 [23-19-17.7]. 23A-3-213. Wildlife Resources Trust Account.
1909 (1) There is created within the General Fund a restricted account to be known as the
1910"Wildlife Resources Trust Account[. All fees]." Fees received from the sale of lifetime licenses
1911shall be deposited in that account.
1912 (2) [All interest] Interest earned by investments of the funds in the Wildlife Resources
1913Trust Account shall, on July 1 of each year, be deposited in the Wildlife Resources Account
1914created in Section [23-14-13] 23A-3-201.
1915 (3) Money in the Wildlife Resources Trust Account is subject to the restriction in
1916Section [23-22-2] 23A-2-402 that no money paid to the state for hunting and fishing license
1917fees shall be diverted for any other purpose than the enhancement of wildlife by the [Division
1918of Wildlife Resources] division.
1919 Section 53. Section 23A-3-301, which is renumbered from Section 23-31-102 is
1920renumbered and amended to read:
1921 Part 3. Utah Natural Resources Legacy Fund
1922 [23-31-102]. 23A-3-301. Definitions.
1923 As used in this [chapter] part:
1924 (1) "Board" means the Utah Natural Resources Legacy Fund Board created in Section
1925[23-31-202] 23A-3-305.
1926 [(2) "Department" means the Department of Natural Resources.]
1927 [(3)] (2) "Legacy fund" means the Utah Natural Resources Legacy Fund created in
1928Section [23-31-201] 23A-3-304.
1929 Section 54. Section 23A-3-302, which is renumbered from Section 23-31-103 is
1930renumbered and amended to read:
1931 [23-31-103]. 23A-3-302. Application to mineral estates.
1932 This [chapter] part does not change law regarding:
1933 (1) the primacy of a mineral estate; H.B. 30 Enrolled Copy
- 70 -
1934 (2) limiting access to a mineral estate; or
1935 (3) limiting development of a mineral estate.
1936 Section 55. Section 23A-3-303, which is renumbered from Section 23-31-104 is
1937renumbered and amended to read:
1938 [23-31-104]. 23A-3-303. Reporting.
1939 The division shall annually report to the governor and the Natural Resources,
1940Agriculture, and Environment Interim Committee on or before September 1 with respect to:
1941 (1) federal grants, state appropriations, and other contributions, grants, gifts, transfers,
1942bequests, and donations received and credited to the legacy fund during the preceding fiscal
1943year; and
1944 (2) expenditures from the legacy fund under Section [23-31-203] 23A-3-306.
1945 Section 56. Section 23A-3-304, which is renumbered from Section 23-31-201 is
1946renumbered and amended to read:
1947 [23-31-201]. 23A-3-304. Utah Natural Resources Legacy Fund.
1948 (1) There is created an expendable special revenue fund known as the "Utah Natural
1949Resources Legacy Fund."
1950 (2) The legacy fund consists of:
1951 (a) appropriations to the legacy fund by the Legislature;
1952 (b) federal grants accepted by the department or a division of the department and
1953specifically directed to the legacy fund; and
1954 (c) contributions, grants, gifts, transfers, bequests, and donations to the legacy fund
1955accepted by the department and specifically directed to the legacy fund.
1956 (3) (a) The [account] legacy fund shall earn interest.
1957 (b) The interest described in Subsection (3)(a) shall be deposited into the [account]
1958legacy fund.
1959 Section 57. Section 23A-3-305, which is renumbered from Section 23-31-202 is
1960renumbered and amended to read:
1961 [23-31-202]. 23A-3-305. Utah Natural Resources Legacy Fund Board. Enrolled Copy H.B. 30
- 71 -
1962 (1) Subject to Subsection (12), there is created within the department the Utah Natural
1963Resources Legacy Fund Board that consists of eight members as follows:
1964 (a) the following voting members:
1965 (i) two members representing the agriculture industry, appointed by the commissioner
1966of the Department of Agriculture and Food;
1967 (ii) one member representing a non-government entity that has as a primary purpose
1968conserving non-game wildlife and habitat, appointed by the director [of the Division of
1969Wildlife Resources];
1970 (iii) one member representing hunting, fishing, and trapping interests in Utah,
1971appointed by the director [of the Division of Wildlife Resources];
1972 (iv) one member representing mineral extraction and development interests, appointed
1973by the director of the Division of Oil, Gas, and Mining;
1974 (v) one member representing water development and distribution interests, appointed
1975by the executive director [of the department]; and
1976 (vi) one at-large member, appointed by the executive director [of the department]; and
1977 (b) the director [of the division] as a nonvoting member.
1978 (2) A voting member of the board shall be appointed for a three-year term.
1979 (3) Notwithstanding Subsection (2), terms of board members are staggered as follows
1980so that approximately one-third of the board is appointed every year:
1981 (a) the initial individuals appointed under Subsections (1)(a)(i) and (ii) shall be
1982appointed for three-year terms;
1983 (b) the initial individuals appointed under Subsections (1)(a)(iii) and (iv) shall be
1984appointed for two-year terms; and
1985 (c) the initial individuals appointed under Subsections (1)(a)(v) and (vi) shall be
1986appointed for one-year terms.
1987 (4) An individual may be appointed to more than one term.
1988 (5) When a vacancy occurs in the membership for any reason, an individual shall be
1989appointed in accordance with Subsection (1) to replace the member for the unexpired term. H.B. 30 Enrolled Copy
- 72 -
1990 (6) The board shall elect one member to serve as chair of the board.
1991 (7) The board shall meet regularly as called by the chair.
1992 (8) Four voting members constitute a quorum.
1993 (9) An action by the majority of voting members present when a quorum is present is
1994an action of the board.
1995 (10) A member may not receive compensation or benefits for the member's service, but
1996may receive per diem and travel expenses in accordance with:
1997 (a) Section 63A-3-106;
1998 (b) Section 63A-3-107; and
1999 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
200063A-3-107.
2001 (11) The division shall staff the board.
2002 (12) The board is not created and may not begin operation until the legacy fund
2003described in Section [23-31-201] 23A-3-304 holds at least $200,000.
2004 Section 58. Section 23A-3-306, which is renumbered from Section 23-31-203 is
2005renumbered and amended to read:
2006 [23-31-203]. 23A-3-306. Uses of legacy fund.
2007 (1) Each year, when the board creates a budget, the board shall allocate:
2008 (a) 40% of the budget:
2009 (i) for staff and expenses to administer the legacy fund under this [chapter] part;
2010 (ii) to conduct research, monitoring, and management actions that benefit non-game
2011species; or
2012 (iii) to otherwise reduce the likelihood of future species listings under the Endangered
2013Species Act, 16 U.S.C. Sec. 1531 et seq.; and
2014 (b) 60% of the budget to fund the following projects that provide the following
2015landscape level conservation benefits:
2016 (i) preserving open spaces, wildlife habitat, and critical agricultural lands;
2017 (ii) providing perpetual access for hunting, fishing, or trapping; Enrolled Copy H.B. 30
- 73 -
2018 (iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment,
2019and the multiple use of renewable natural resources attributable to residential, mineral, and
2020industrial development; or
2021 (iv) preserving a viable agricultural industry.
2022 (2) (a) The board shall make recommendations to the division regarding expenditures
2023from the legacy fund for the purposes described in Subsection (1)(b).
2024 (b) The division shall consider the board's recommendations in approving an
2025expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's
2026recommendation, the director [of the division] shall provide the board with a written
2027explanation of the reason for the rejection.
2028 (3) In performing the actions described in Subsection (1)(b), the division shall comply
2029with [the requirements described in Section 23-21-1.5] Section 23A-6-202.
2030 (4) This section does not give the division the power of eminent domain.
2031 (5) The division may not use assets from the legacy fund for litigation.
2032 (6) Money in the legacy fund may not be used to develop or implement a habitat
2033conservation plan required under federal law unless the federal government pays for at least
2034one-third of the habitat conservation plan costs.
2035 Section 59. Section 23A-4-101 is enacted to read:
2036 CHAPTER 4. LICENSES, PERMITS, CERTIFICATES OF REGISTRATION, AND
2037 TAGS
2038 Part 1. General Provisions
2039 23A-4-101. Definitions.
2040 Reserved.
2041 Section 60. Section 23A-4-201, which is renumbered from Section 23-19-1 is
2042renumbered and amended to read:
2043 Part 2. Basic Requirements
2044 [23-19-1]. 23A-4-201. Possession of licenses, certificates of registration,
2045permits, and tags required -- Nonassignability -- Exceptions -- Nature of licenses, permits, H.B. 30 Enrolled Copy
- 74 -
2046or tags issued by the division.
2047 (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
2048protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
2049 (a) procures the necessary licenses, certificates of registration, permits, or tags required
2050under this title, by rule made by the Wildlife Board under this title, or by an order or
2051proclamation [issued in accordance with a rule made by the Wildlife Board under this title];
2052and
2053 (b) carries in the person's possession while engaging in the activities described in
2054Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
2055rule made by the Wildlife Board under this title, or by an order or proclamation [issued in
2056accordance with a rule made by the Wildlife Board under this title].
2057 (2) Except as provided in Subsection (3) a person may not:
2058 (a) lend, transfer, sell, give, or assign:
2059 (i) a license, certificate of registration, permit, or tag belonging to the person; or
2060 (ii) a right granted by a license, certificate of registration, permit, or tag; or
2061 (b) use or attempt to use a license, certificate of registration, permit, or tag of another
2062person.
2063 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2064Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
2065to:
2066 (a) transport wildlife;
2067 (b) allow a person to take protected wildlife for another person if:
2068 (i) the person possessing the license, certificate of registration, permit, or tag has a
2069permanent physical impairment due to a congenital or acquired injury or disease; and
2070 (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
2071disability that renders the person physically unable to use a legal hunting weapon or fishing
2072device;
2073 (c) allow a resident minor under 18 years [of age] old to use the resident or nonresident Enrolled Copy H.B. 30
- 75 -
2074hunting permit of another person if:
2075 (i) the resident minor is otherwise legally eligible to hunt; and
2076 (ii) the permit holder:
2077 (A) receives no form of compensation or remuneration for allowing the minor to use
2078the permit;
2079 (B) obtains the division's prior written approval to allow the minor to use the permit;
2080and
2081 (C) accompanies the minor, for the purposes of advising and assisting during the hunt,
2082at a distance where the permit holder can communicate with the minor, in person, by voice or
2083visual signals; or
2084 (d) subject to the requirements of Subsection (4), transfer to another person a certificate
2085of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
2086connection with the sale or transfer of the brine shrimp harvest operation or harvesting
2087equipment.
2088 (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
2089shrimp eggs if:
2090 (a) the person submits to the division an application to transfer the certificate on a form
2091provided by the division;
2092 (b) the proposed transferee meets [all] the requirements necessary to obtain an original
2093certificate of registration; and
2094 (c) the division approves the transfer of the certificate.
2095 (5) A person is not required to obtain a license, certificate of registration, permit, or tag
2096to:
2097 (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
2098made by the Wildlife Board under this title or by an order or proclamation [issued in
2099accordance with a rule made by the Wildlife Board under this title];
2100 (b) fish at a private fish pond operated in accordance with Section [23-15-10; or]
210123A-9-203; H.B. 30 Enrolled Copy
- 76 -
2102 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
2103propagate, keep, and release for shooting in accordance with a certificate of registration issued
2104under Section [23-17-6.] 23A-12-202; or
2105 (d) take fish at a short-term fishing event.
2106 (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
2107rules of the Wildlife Board issued pursuant to [authority granted by] this title, to take protected
2108wildlife is:
2109 (i) a privilege; and
2110 (ii) not a right or property for any purpose.
2111 (b) A point or other form of credit issued to, or accumulated by, a person under
2112procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
2113hunting permit in a division-administered drawing:
2114 (i) may not be transferred, sold, or assigned to another person; and
2115 (ii) is not a right or property for any purpose.
2116 Section 61. Section 23A-4-202, which is renumbered from Section 23-19-2 is
2117renumbered and amended to read:
2118 [23-19-2]. 23A-4-202. License, permit, and certificate forms prescribed by
2119Wildlife Board.
2120 (1) The Wildlife Board shall prescribe the form of a license, permit, or certificate of
2121registration to be used for hunting, fishing, trapping, seining, and dealing in furs.
2122 (2) A license, permit, or certificate of registration may be paper-based or in electronic
2123format pursuant to the rules [established] made by the Wildlife Board in accordance with Title
212463G, Chapter 3, Utah Administrative Rulemaking Act.
2125 (3) A license issued pursuant to Section [23-19-36] 23A-4-305 shall be designated as
2126such by a code number and may not contain a reference to the licensee's disability.
2127 Section 62. Section 23A-4-203, which is renumbered from Section 23-19-3 is
2128renumbered and amended to read:
2129 [23-19-3]. 23A-4-203. Tag as supplement to licenses and permits. Enrolled Copy H.B. 30
- 77 -
2130 The division may issue, [as supplements to appropriate licenses and permits, special
2131tags] as a supplement to the appropriate license or permit, a tag for protected wildlife, as
2132determined by the Wildlife Board.
2133 Section 63. Section 23A-4-204, which is renumbered from Section 23-19-4 is
2134renumbered and amended to read:
2135 [23-19-4]. 23A-4-204. Alien's and nonresident peace officer's ability to obtain
2136licenses and certificates.
2137 (1) An alien resident of [the State of] Utah may purchase a hunting, fishing, trapping,
2138seining, and fur dealer [licenses and certificates of registration] license or certificate of
2139registration upon the same terms as a resident citizen.
2140 (2) [All nonresident aliens] A nonresident alien may purchase a hunting, fishing,
2141trapping, seining, [and] or fur dealer [licenses and certificates] license or certificate of
2142registration upon the same terms as nonresident citizens.
2143 (3) Notwithstanding Subsection [23-19-5] 23A-4-1101(1)(b), a nonresident may
2144purchase a hunting, fishing, trapping, seining, and fur dealer license [and] or certificate of
2145registration upon the same terms as a resident citizen if the person is:
2146 (a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace
2147Officer Classifications; and
2148 (b) required to live outside the state as a condition of the person's employment.
2149 Section 64. Section 23A-4-205, which is renumbered from Section 23-19-7 is
2150renumbered and amended to read:
2151 [23-19-7]. 23A-4-205. Expiration date of licenses, permits, and certificates of
2152registration.
2153 (1) The Wildlife Board shall establish the term and expiration date for a license,
2154permit, [and] or certificate of registration issued under this title.
2155 (2) The division shall indicate the term and expiration date established under
2156Subsection (1) on [each] a license, permit, [and] or certificate of registration.
2157 Section 65. Section 23A-4-206, which is renumbered from Section 23-19-8 is H.B. 30 Enrolled Copy
- 78 -
2158renumbered and amended to read:
2159 [23-19-8]. 23A-4-206. Signature on documents -- Considered under oath --
2160Prohibition on use of unsigned documents.
2161 (1) A person's signature on a license, permit, tag, or certificate of registration is
2162certification of that person's eligibility to use the license, permit, tag, or certificate of
2163registration for the purpose intended by this title.
2164 (2) [The] A signature described in Subsection (1) need not be notarized but shall be
2165considered to be made under oath.
2166 (3) A signature may be an electronic signature if allowed by rule made by the Wildlife
2167Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2168 [(3)] (4) A person may not use an unsigned license, permit, tag, or certificate of
2169registration.
2170 Section 66. Section 23A-4-207, which is renumbered from Section 23-19-38 is
2171renumbered and amended to read:
2172 [23-19-38]. 23A-4-207. Sales of licenses, certificates, or permits final --
2173Exceptions -- Reallocation of surrendered permits.
2174 (1) [Sales of all licenses, certificates, or permits are final, and no refunds may be made
2175by the division] A sale of a license, permit, or certificate is final, and the division may not
2176refund money except as provided in Subsections (2) and (3) or Section 23A-4-301.
2177 (2) The division may refund the amount of [the] a license, certificate, or permit if:
2178 (a) the division or the Wildlife Board discontinues the activity for which the license,
2179certificate, or permit was obtained;
2180 (b) the division determines that [it] the division has erroneously collected a fee;
2181 (c) (i) the person to whom the license, certificate, or permit is issued becomes ill or
2182suffers an injury that precludes the person from using the license, certificate, or permit;
2183 (ii) the person furnishes verification of illness or injury from a physician or physician
2184assistant;
2185 (iii) the person does not actually use the license, certificate, or permit; and Enrolled Copy H.B. 30
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2186 (iv) the license, certificate, or permit is surrendered before the end of the season for
2187which the permit was issued; or
2188 (d) the person to whom the license, certificate, or permit is issued dies [prior to] before
2189the person being able to use the license, certificate, or permit.
2190 (3) The Wildlife Board may establish additional exceptions [in rule] to the refund
2191prohibitions in Subsection (1) by rule made in accordance with Title 63G, Chapter 3, Utah
2192Administrative Rulemaking Act.
2193 (4) The [division] director may reallocate surrendered permits in accordance with rules
2194[adopted] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
2195Administrative Rulemaking Act.
2196 Section 67. Section 23A-4-208, which is renumbered from Section 23-19-10 is
2197renumbered and amended to read:
2198 [23-19-10]. 23A-4-208. Duplicate license, permit, tag, or certificate of
2199registration.
2200 If an unexpired license, permit, tag, or certificate of registration issued under [the
2201provisions of this code] this title is destroyed, lost, or stolen, the [Division of Wildlife
2202Resources and its] division, a person designated by the director, or the division's authorized
2203license agents may issue a duplicate license, permit, tag, or certificate of registration in
2204accordance with the rules set and fees determined by the Wildlife Board.
2205 Section 68. Section 23A-4-209, which is renumbered from Section 23-19-42 is
2206renumbered and amended to read:
2207 [23-19-42]. 23A-4-209. Search and rescue surcharge.
2208 (1) In addition to the fees imposed under this [chapter] title, there is imposed a 25 cent
2209surcharge on [each] a fishing, hunting, or combination license.
2210 (2) [This] The surcharge imposed under Subsection (1) shall be deposited in the
2211General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program
2212created under Section [53-2a-1101] 53-2a-1102.
2213 Section 69. Section 23A-4-210, which is renumbered from Section 23-19-45 is H.B. 30 Enrolled Copy
- 80 -
2214renumbered and amended to read:
2215 [23-19-45]. 23A-4-210. Fees and certificates of registration to harvest brine
2216shrimp eggs.
2217 [(1)] The Wildlife Board may not impose [fees] a fee to harvest brine shrimp eggs other
2218than a certificate of registration [fees] fee.
2219 [(2) Each person holding certificates of registration for the harvesting of brine shrimp
2220eggs in the 1996-97 harvesting season may obtain the same number of certificates of
2221registration for the 1997-98 and 1998-99 harvesting seasons upon payment of the required fee.]
2222 Section 70. Section 23A-4-301, which is renumbered from Section 23-19-38.2 is
2223renumbered and amended to read:
2224 Part 3. Special Circumstances
2225 [23-19-38.2]. 23A-4-301. Refunds for armed forces or public health or
2226safety organization members.
2227 (1) A member of the United States Armed Forces or public health or public safety
2228organization who is mobilized or deployed on order in the interest of national defense or
2229emergency and is precluded from using a purchased license, certificate, tag, or permit, may, as
2230provided in Subsection (2):
2231 (a) receive a refund from the division; and
2232 (b) if the person has drawn a permit, have [all] the opportunities to draw that permit in
2233a future draw reinstated.
2234 (2) To qualify, the person or a legal representative shall:
2235 (a) notify the division within a reasonable amount of time that the person is applying
2236for a refund;
2237 (b) surrender the license, certificate, tag, or permit to the division; and
2238 (c) furnish satisfactory proof to the division that the person:
2239 (i) is a member of:
2240 (A) the United States Armed Forces;
2241 (B) a public health organization; or Enrolled Copy H.B. 30
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2242 (C) a public safety organization; and
2243 (ii) was precluded from using the license, certificate, tag, or permit as a result of being
2244called to active duty.
2245 (3) The Wildlife Board may [adopt] make rules in accordance with Title 63G, Chapter
22463, Utah Administrative Rulemaking Act, necessary to administer this section including
2247allowing retroactive refund to September 11, 2001.
2248 Section 71. Section 23A-4-302, which is renumbered from Section 23-19-38.3 is
2249renumbered and amended to read:
2250 [23-19-38.3]. 23A-4-302. Licenses for disabled veterans.
2251 (1) The [division] Wildlife Board shall make rules in accordance with Title 63G,
2252Chapter 3, Utah Administrative Rulemaking Act, under which a veteran with a disability may
2253receive a hunting, fishing, or combination license free or at a reduced price.
2254 (2) In making rules under this section, the [division] Wildlife Board shall:
2255 (a) use the same guidelines for disability as the United States Department of Veterans
2256Affairs; and
2257 (b) provide at a minimum a reduction under this section of 25% of the full fee.
2258 Section 72. Section 23A-4-303, which is renumbered from Section 23-19-14 is
2259renumbered and amended to read:
2260 [23-19-14]. 23A-4-303. Persons residing in certain institutions may fish without
2261license.
2262 (1) The [Division of Wildlife Resources] division shall permit a person to fish without
2263a license if:
2264 (a) (i) the person resides in:
2265 (A) the Utah State Developmental Center in American Fork;
2266 (B) the state hospital;
2267 (C) a veterans hospital;
2268 (D) a veterans nursing home;
2269 (E) a mental health center; H.B. 30 Enrolled Copy
- 82 -
2270 (F) an intermediate care facility for people with an intellectual disability;
2271 (G) a group home licensed by the Department of Human Services and operated under
2272contract with the Division of Services for People with Disabilities;
2273 (H) a group home or other community-based placement licensed by the Department of
2274Human Services and operated under contract with the Division of Juvenile Justice Services;
2275 (I) a private residential facility for at-risk youth licensed by the Department of Human
2276Services; or
2277 (J) another similar institution approved by the division; or
2278 (ii) the person is a youth who participates in a work camp operated by the Division of
2279Juvenile Justice Services;
2280 (b) the person is properly supervised by a representative of the institution described in
2281Subsection (1)(a); and
2282 (c) the institution described in Subsection (1)(a) obtains from the division a certificate
2283of registration that specifies:
2284 (i) the date and place where the person will fish; and
2285 (ii) the name of the institution's representative who will supervise the person fishing.
2286 (2) The institution described in Subsection (1) shall apply for the certificate of
2287registration at least 10 days before the fishing outing.
2288 (3) (a) An institution that receives a certificate of registration authorizing at-risk youth
2289to fish shall provide instruction to the youth on fishing laws and regulations.
2290 (b) The division shall provide educational materials to the institution to assist [it] the
2291institution in complying with Subsection (3)(a).
2292 Section 73. Section 23A-4-304, which is renumbered from Section 23-19-14.5 is
2293renumbered and amended to read:
2294 [23-19-14.5]. 23A-4-304. Persons participating in youth organization or
2295school activity may fish without license.
2296 (1) As used in this section:
2297 (a) "School" means an elementary school or a secondary school that: Enrolled Copy H.B. 30
- 83 -
2298 (i) is a public or private school located in the state; and
2299 (ii) provides student instruction for one or more years of kindergarten through grade 9.
2300 (b) "Youth organization" means a local Utah chapter of:
2301 (i) the Boy Scouts of America;
2302 (ii) the Girls Scouts of the USA; or
2303 (iii) an organization that:
2304 (A) is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and
2305 (B) promotes character building through outdoor activities.
2306 (2) The [Division of Wildlife Resources] division shall permit a person to fish without
2307a license during a youth organization or school activity if:
2308 (a) the person is:
2309 (i) (A) a member of the youth organization; or
2310 (B) a student enrolled in the school; and
2311 (ii) younger than 16 years old;
2312 (b) the fishing is in compliance with [all] the fishing statutes and rules;
2313 (c) the activity is part of a recreational or instructional program of the youth
2314organization or school; and
2315 (d) an adult leader of the activity obtains from the youth organization or school:
2316 (i) a valid tour permit; or
2317 (ii) documentation that specifies:
2318 (A) the date and place of the fishing activity;
2319 (B) the name of the adult leader that will supervise the fishing; and
2320 (C) that the activity is officially sanctioned or authorized by the youth organization or
2321school.
2322 (3) (a) The adult leader shall:
2323 (i) possess a valid Utah fishing or combination license; and
2324 (ii) instruct the activity participants on fishing statutes and rules.
2325 (b) The division shall provide educational materials on [its] the division's website to H.B. 30 Enrolled Copy
- 84 -
2326assist the adult leader in complying with Subsection (3)(a).
2327 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2328Wildlife Board shall adopt rules specifying the form of the documentation required under
2329Subsection (2)(d)(ii).
2330 Section 74. Section 23A-4-305, which is renumbered from Section 23-19-36 is
2331renumbered and amended to read:
2332 [23-19-36]. 23A-4-305. Persons with a physical or intellectual disability,
2333terminally ill persons, and children in the custody of the state may fish for free.
2334 (1) A resident who is blind, has paraplegia, or has another permanent disability so as to
2335be permanently confined to a wheelchair or the use of crutches, or who has lost either or both
2336lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this
2337fact to the [Division of Wildlife Resources] division.
2338 (2) A resident who has an intellectual disability and is not eligible under Section
2339[23-19-14] 23A-4-303 to fish without a license may receive a free license to fish upon
2340furnishing verification from a physician or physician assistant that the person has an
2341intellectual disability.
2342 (3) A resident who is terminally ill, and has less than five years to live, may receive a
2343free license to fish:
2344 (a) upon furnishing verification from a physician or physician assistant; and
2345 (b) if the resident qualifies for assistance under [any] a low income public assistance
2346program administered by a state agency.
2347 (4) A child placed in the custody of the state by a court order may receive a free fishing
2348license upon furnishing verification of custody to the [Division of Wildlife Resources]
2349division.
2350 Section 75. Section 23A-4-306, which is renumbered from Section 23-19-39 is
2351renumbered and amended to read:
2352 [23-19-39]. 23A-4-306. Additional appropriation.
2353 The division each year shall request the Legislature to appropriate from the General Enrolled Copy H.B. 30
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2354Fund in [the] an appropriations act, for deposit in the Wildlife Resources Restricted Account, a
2355sum equal to the total of the fees, as determined by the previous year's license sales, that would
2356have otherwise been collected for fishing licenses had full fees been paid by those 65 years [of
2357age] old or older or those who received free fishing privileges under [the provisions of Section
235823-19-14 or 23-19-36] Section 23A-4-303 or 23A-4-305.
2359 Section 76. Section 23A-4-401, which is renumbered from Section 23-19-17 is
2360renumbered and amended to read:
2361 Part 4. Combined or Lifetime Licenses
2362 [23-19-17]. 23A-4-401. Resident fishing and hunting license -- Use of fee.
2363 (1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
2364provided by the Wildlife Board's rules, a combination license to:
2365 (a) fish;
2366 (b) hunt for small game; and
2367 (c) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2368 (2) Up to $1 of the combination license fee may be used for the hunter education
2369program for any of the following:
2370 (a) instructor and student training;
2371 (b) assisting local organizations with development;
2372 (c) maintenance of existing facilities; or
2373 (d) operation and maintenance of the hunter education program.
2374 (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
2375program to:
2376 (i) acquire pen-raised birds; or
2377 (ii) capture and transplant upland game species.
2378 (b) The combination license fee revenue designated for the upland game program by
2379Subsection (3)(a) is in addition to [any] combination license fee revenue that may be used for
2380the upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
238123A-3-208. H.B. 30 Enrolled Copy
- 86 -
2382 Section 77. Section 23A-4-402, which is renumbered from Section 23-19-17.5 is
2383renumbered and amended to read:
2384 [23-19-17.5]. 23A-4-402. Lifetime hunting and fishing licenses.
2385 (1) [Lifetime licensees] A lifetime licensee who is born after December 31, 1965, shall
2386complete the hunter education requirements under Section [23-19-11] 23A-4-1001 before
2387engaging in hunting.
2388 (2) A lifetime license [shall remain] remains valid if the residency of the lifetime
2389licensee changes to another state or country.
2390 (3) (a) A lifetime license may be used in lieu of a hunting or fishing license.
2391 (b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag
2392of the lifetime licensee's choice for one of the following general season deer hunts:
2393 (i) archery;
2394 (ii) rifle; or
2395 (iii) muzzleloader.
2396 (c) A lifetime licensee is subject to each requirement for special hunting and fishing
2397permits and tags, except as provided in Subsections (3)(a) and (b).
2398 (4) The Wildlife Board may [adopt] make rules, in accordance with Title 63G, Chapter
23993, Utah Administrative Rulemaking Act, necessary to carry out [the provisions of] this section.
2400 Section 78. Section 23A-4-501, which is renumbered from Section 23-19-15 is
2401renumbered and amended to read:
2402 Part 5. License Agents
2403 [23-19-15]. 23A-4-501. Wildlife license agents.
2404 (1) The director [of the division] may designate wildlife license agents to sell licenses,
2405permits, and tags.
2406 (2) [Wildlife license agents] A wildlife license agent may:
2407 (a) sell [licenses, permits, and tags to all eligible applicants, except those licenses,
2408permits, and tags] a license, permit, or tag to an eligible applicant, except for a license, permit,
2409or tag specified in Subsection [23-19-16] 23A-4-503(2) which may be sold only by the Enrolled Copy H.B. 30
- 87 -
2410division; and
2411 (b) collect a fee for [each] a license, permit, or tag sold.
2412 (3) A wildlife license agent shall receive:
2413 (a) for [any] a wildlife license, permit, or tag having a fee equal to $10 or less [and] but
2414greater than $1, 50 cents for [each] a wildlife license, permit, or tag sold; and
2415 (b) for [any] a wildlife license, permit, or tag having a fee greater than $10, 5% of the
2416fee.
2417 (4) The division may require a wildlife license [agents] agent to obtain a bond in a
2418reasonable amount.
2419 (5) (a) As directed by the division, [each] a wildlife license agent shall:
2420 (i) report [all] the wildlife license agent's sales to the division; and
2421 (ii) submit [all of] to the division the fees obtained from the sale of licenses, permits,
2422and tags less the remuneration provided in Subsection (3).
2423 (b) If a wildlife license agent fails to pay the amount due, the division may assess a
2424penalty of 20% of the amount due. [All delinquent payments] A delinquent payment shall bear
2425interest at the rate of 1% per month. If the amount due is not paid because of bad faith or
2426fraud, the division shall assess a penalty of 100% of the total amount due together with interest.
2427 (c) [All fees] Fees, except the remuneration provided in Subsection (3), shall:
2428 (i) be kept separate from the private [funds] money of the wildlife license agents; and
2429 (ii) belong to the state.
2430 (6) A wildlife license agent may not intentionally:
2431 (a) fail to date or misdate a license, permit, or tag;
2432 (b) issue a hunting license or permit to an individual until that individual furnishes
2433proof of successful completion of a division-approved hunter education course as provided in
2434Section [23-19-11] 23A-4-1001; or
2435 (c) issue a furbearer license to an individual until that individual furnishes proof of
2436successful completion of a division-approved furharvester education course as provided in
2437Section [23-19-11.5] 23A-4-1005. H.B. 30 Enrolled Copy
- 88 -
2438 [(7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a
2439class B misdemeanor.]
2440 [(b) A violation of this section is a class A misdemeanor if the aggregate amount
2441required under Subsection (5)(a):]
2442 [(i) is at least $1,000, but less than $10,000;]
2443 [(ii) is not submitted for one or more months; and]
2444 [(iii) remains uncollectable.]
2445 [(c) A violation of this section is a felony of the third degree if the aggregate amount
2446required under Subsection (5)(a):]
2447 [(i) is $10,000 or more;]
2448 [(ii) is not submitted for one or more months; and]
2449 [(iii) remains uncollectable.]
2450 [(8) Violation of any provision of this section may be cause for revocation of the
2451wildlife license agent authorization.]
2452 Section 79. Section 23A-4-502 is enacted to read:
2453 23A-4-502. Violations by a wildlife license agent -- Criminal penalty.
2454 (1) A person is guilty of an unlawful act if the actor:
2455 (a) fails to take an action required by Section 23A-4-501; or
2456 (b) takes an action prohibited by Section 23A-4-501.
2457 (2) (a) Except as provided in Subsections (2)(b) and (c), a violation of Subsection (1) is
2458a class B misdemeanor.
2459 (b) A violation of Subsection (1) is a class A misdemeanor if the aggregate amount
2460required under Subsection 23A-4-501(5)(a):
2461 (i) is at least $1,000, but less than $10,000;
2462 (ii) is not submitted for one or more months; and
2463 (iii) remains uncollectable.
2464 (c) A violation of Subsection (1) is a felony of the third degree if the aggregate amount
2465required under Subsection 23A-4-501(5)(a): Enrolled Copy H.B. 30
- 89 -
2466 (i) is $10,000 or more;
2467 (ii) is not submitted for one or more months; and
2468 (iii) remains uncollectable.
2469 (3) A violation of Subsection (1) may be cause for revocation of the wildlife license
2470agent authorization.
2471 Section 80. Section 23A-4-503, which is renumbered from Section 23-19-16 is
2472renumbered and amended to read:
2473 [23-19-16]. 23A-4-503. Licenses obtained from agents of division.
2474 (1) [Licenses] A person may obtain a license provided for in [Sections 23-19-17
2475through 23-19-27 may be obtained] the following sections from the division or one of [its] the
2476division's authorized wildlife license agents:
2477 (a) Section 23A-4-401;
2478 (b) Section 23A-4-601;
2479 (c) Sections 23A-4-703 through 23A-4-707; and
2480 (d) Section 23A-4-901.
2481 (2) [Licenses] A person may obtain a license provided for in [Sections 23-19-17.5,
248223-19-34.7, and 23-19-36 may be obtained] Section 23A-4-305, 23A-4-402, or 23A-4-802 only
2483from the division.
2484 Section 81. Section 23A-4-601, which is renumbered from Section 23-19-21 is
2485renumbered and amended to read:
2486 Part 6. Fishing
2487 [23-19-21]. 23A-4-601. Fishing license.
2488 (1) A person 12 years [of age] old or older shall purchase a fishing license before
2489engaging in a regulated fishing activity.
2490 (2) Upon paying the fee prescribed by the Wildlife Board, a person may obtain a
2491license to fish and engage in a regulated fishing activity in accordance with the rules,
2492proclamations, and orders of the Wildlife Board.
2493 (3) A person under 12 years [of age] old may fish without a license in accordance with H.B. 30 Enrolled Copy
- 90 -
2494the rules, proclamations, and orders of the Wildlife Board.
2495 Section 82. Section 23A-4-602, which is renumbered from Section 23-19-35 is
2496renumbered and amended to read:
2497 [23-19-35]. 23A-4-602. Seining registration.
2498 [Any] A person, upon application to the Wildlife Board, may be registered to seine.
2499 Section 83. Section 23A-4-701, which is renumbered from Section 23-19-14.6 is
2500renumbered and amended to read:
2501 Part 7. Hunting
2502 [23-19-14.6]. 23A-4-701. Trial hunting authorization.
2503 (1) Upon application, the division may issue a trial hunting authorization to an
2504individual who:
2505 (a) is 11 years [of age] old or older at the time of application;
2506 (b) is eligible under state and federal law to possess a firearm and archery equipment;
2507and
2508 (c) (i) was born after 1965; and
2509 (ii) has not completed a division approved hunter education course.
2510 (2) Notwithstanding [the requirements of Section 23-19-11] Section 23A-4-1001, an
2511individual who [has obtained] obtains a trial hunting authorization under Subsection (1) may
2512obtain:
2513 (a) a hunting license under [Sections 23-19-17, 23-19-24, and 23-19-26] Section
251423A-4-401, 23A-4-706, or 23A-4-707; or
2515 (b) a hunting permit authorized by the Wildlife Board under Subsection (4).
2516 (3) An individual who [has obtained] obtains a hunting license or permit with a trial
2517hunting authorization under Subsection (2) may use the license or permit if the individual is:
2518 (a) 12 years [of age] old or older; and
2519 (b) accompanied, as defined in Subsection [23-20-20] 23A-4-708(1), in the field while
2520hunting by an individual who:
2521 (i) is 21 years [of age] old or older; Enrolled Copy H.B. 30
- 91 -
2522 (ii) is eligible under state and federal law to possess a firearm and archery equipment;
2523 (iii) possesses a current Utah hunting or combination license;
2524 (iv) has satisfied applicable hunter education requirements under this chapter; and
2525 (v) possesses the written consent of the holder's parent or legal guardian, if
2526accompanying a holder of a trial hunting authorization who is under 18 years [of age] old.
2527 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2528Wildlife Board may make rules to:
2529 (a) designate the types of hunting permits under Subsection (2) that may be obtained
2530with a trial hunting authorization;
2531 (b) establish the term of a trial hunting authorization;
2532 (c) establish the number of years a person may obtain a trial hunting authorization;
2533 (d) prescribe the number of individuals using a trial hunting authorization that an
2534individual may accompany in the field under Subsection (3) at a single time;
2535 (e) establish the application process for an individual to obtain a trial hunting
2536authorization; and
2537 (f) administer and enforce [the provisions of] this section.
2538 Section 84. Section 23A-4-702, which is renumbered from Section 23-19-49 is
2539renumbered and amended to read:
2540 [23-19-49]. 23A-4-702. Air rifle hunting.
2541 (1) As used in this section[:(a) "Division" means the Division of Wildlife
2542Resources.(b) "Pre-charged], "pre-charged pneumatic air rifle" means a rifle that fires a single
2543projectile with compressed air released from a chamber:
2544 [(i)] (a) built into the rifle; and
2545 [(ii)] (b) pressurized at a minimum of 2,000 pounds per square inch from an external
2546high compression device or source, such as a hand pump, compressor, or scuba tank.
2547 (2) (a) An individual shall obtain a permit issued under this section before using a
2548pre-charged pneumatic air rifle to hunt a species of wildlife designated by the Wildlife Board.
2549 (b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3, H.B. 30 Enrolled Copy
- 92 -
2550Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
2551the use of a pre-charged pneumatic air rifle.
2552 (3) The division shall review the funding available for the regulation of hunting with
2553pre-charged pneumatic air rifles and report the division's findings to the Natural Resources,
2554Agriculture, and Environment Interim Committee by no later than the November 2024 interim
2555committee meeting.
2556 Section 85. Section 23A-4-703, which is renumbered from Section 23-19-22 is
2557renumbered and amended to read:
2558 [23-19-22]. 23A-4-703. Big game hunting permit.
2559 (1) A person who is at least 12 years old[, upon paying the big game hunting permit fee
2560established by the Wildlife Board, paying the fee established by Subsection (4), and possessing
2561a valid hunting or combination license,] may apply for or obtain a permit to hunt big game as
2562provided by [rules and proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2563 (a) paying the big game hunting permit fee established by the Wildlife Board;
2564 (b) paying the fee established by Subsection (4); and
2565 (c) possessing a valid hunting or combination license.
2566 (2) (a) A person who is 11 years old may apply for or obtain a big game hunting permit
2567consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
2568calendar year for which the permit is issued.
2569 (b) A person may not use a permit to hunt big game before the person's 12th birthday.
2570 (3) [One] The division shall use one dollar of [each] a big game permit fee collected
2571from a resident [shall be used] for the hunter education program as provided in Section
2572[23-19-17] 23A-4-401.
2573 (4) There is established a fee in the amount of $5 added to [each] a permit under this
2574section to be deposited in the Predator Control Restricted Account.
2575 Section 86. Section 23A-4-704, which is renumbered from Section 23-19-22.5 is
2576renumbered and amended to read:
2577 [23-19-22.5]. 23A-4-704. Cougar or bear hunting permit. Enrolled Copy H.B. 30
- 93 -
2578 (1) A person 12 years [of age] old or older[, upon paying the cougar or bear hunting
2579permit fee established by the Wildlife Board and possessing a valid hunting or combination
2580license,] may apply for or obtain a permit to take cougar or bear as provided by [rules and
2581proclamations] a rule or proclamation of the Wildlife Board[.] upon:
2582 (a) paying the cougar or bear hunting permit fee established by the Wildlife Board; and
2583 (b) possessing a valid hunting or combination license.
2584 (2) A person 11 years [of age] old may apply for or obtain a cougar or bear hunting
2585permit consistent with the requirements of Subsection (1) if that person's 12th birthday falls
2586within the calendar year in which the permit is issued.
2587 (3) [One] The division shall use one dollar of [each] a cougar or bear permit fee
2588collected from a resident [shall be used] for the hunter education program.
2589 Section 87. Section 23A-4-705, which is renumbered from Section 23-19-22.6 is
2590renumbered and amended to read:
2591 [23-19-22.6]. 23A-4-705. Turkey hunting permit -- Use of fee.
2592 (1) [A person, upon paying the turkey permit fee established by the Wildlife Board and
2593possessing a valid hunting or combination license,] A person may apply for or obtain a permit
2594to take turkey as provided by [rules and proclamations] a rule or proclamation of the Wildlife
2595Board[.] upon:
2596 (a) paying the turkey permit fee established by the Wildlife Board; and
2597 (b) possessing a valid hunting or combination license.
2598 (2) [One] The division shall use one dollar of [each] a turkey permit fee collected from
2599a resident [shall be used] for the hunter education program.
2600 Section 88. Section 23A-4-706, which is renumbered from Section 23-19-24 is
2601renumbered and amended to read:
2602 [23-19-24]. 23A-4-706. Resident hunting license -- Use of fee.
2603 (1) A resident[, after paying the fee established by the Wildlife Board,] may obtain a
2604hunting license after paying the fee established by the Wildlife Board.
2605 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife H.B. 30 Enrolled Copy
- 94 -
2606Board's rules and proclamations:
2607 (a) take small game; and
2608 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2609 (3) Up to $1 of the hunting license fee may be used for the hunter education program.
2610 (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2611program to:
2612 (i) acquire pen-raised birds; or
2613 (ii) capture and transplant upland game species.
2614 (b) The hunting license fee revenue designated for the upland game program by
2615Subsection (4)(a) is in addition to [any] hunting license fee revenue that may be used for the
2616upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and
261723A-3-208.
2618 Section 89. Section 23A-4-707, which is renumbered from Section 23-19-26 is
2619renumbered and amended to read:
2620 [23-19-26]. 23A-4-707. Nonresident hunting license -- Use of fee.
2621 (1) A nonresident[, after paying the fee established by the Wildlife Board,] may obtain
2622a hunting license after paying the fee established by the Wildlife Board.
2623 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
2624Board's rules and proclamations:
2625 (a) take small game; and
2626 (b) apply for or obtain a big game, cougar, bear, or turkey hunting permit.
2627 (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
2628program to:
2629 (i) acquire pen-raised birds; or
2630 (ii) capture and transplant upland game species.
2631 (b) The hunting license fee revenue designated for the upland game program by
2632Subsection (3)(a) is in addition to [any] hunting license fee revenue that may be used for the
2633upland game program as provided by Sections [23-19-43 and 23-19-47] 23A-3-207 and Enrolled Copy H.B. 30
- 95 -
263423A-3-208.
2635 Section 90. Section 23A-4-708, which is renumbered from Section 23-20-20 is
2636renumbered and amended to read:
2637 [23-20-20]. 23A-4-708. Children accompanied by adults while hunting with
2638weapon.
2639 (1) As used in this section:
2640 (a) "Accompanied" means at a distance within which visual and verbal communication
2641is maintained for the purposes of advising and assisting.
2642 (b) (i) "Electronic device" means a mechanism powered by electricity that allows
2643communication between two or more people.
2644 (ii) "Electronic device" includes a mobile telephone or two-way radio.
2645 (c) "Verbal communication" means the conveyance of information through speech that
2646does not involve an electronic device.
2647 (2) A person younger than 14 years old who is hunting with [any] a weapon shall be
2648accompanied by:
2649 (a) the person's parent or legal guardian; or
2650 (b) a responsible person who is at least 21 years old and who is approved by the
2651person's parent or guardian.
2652 (3) A person younger than 16 years old who is hunting big game with [any] a weapon
2653shall be accompanied by:
2654 (a) the person's parent or legal guardian; or
2655 (b) a responsible person who is at least 21 years old and who is approved by the
2656person's parent or guardian.
2657 (4) A person who is at least 14 years old but younger than 16 years old shall be
2658accompanied by a person who is at least 21 years old while hunting wildlife, other than big
2659game, with [any] a weapon.
2660 Section 91. Section 23A-4-709, which is renumbered from Section 23-20-30 is
2661renumbered and amended to read: H.B. 30 Enrolled Copy
- 96 -
2662 [23-20-30]. 23A-4-709. Tagging requirements.
2663 (1) The Wildlife Board may make rules that require the carcass of certain species of
2664protected wildlife to be tagged.
2665 (2) Except as provided by the Wildlife Board by rules made in accordance with Title
266663G, Chapter 3, Utah Administrative Rulemaking Act, a hunter shall tag the carcass of [any] a
2667species of protected wildlife required to be tagged [shall be tagged] before the carcass is moved
2668from or the hunter leaves the site of kill.
2669 (3) To tag a carcass, a person shall:
2670 (a) (i) completely detach the tag from the license or permit;
2671 (ii) completely remove the appropriate notches to correspond with:
2672 (A) the date the animal was taken; and
2673 (B) the sex of the animal; and
2674 (iii) attach the tag to the carcass so that the tag remains securely fastened and visible;
2675or
2676 (b) complete an electronic tagging certification according to standards approved by the
2677Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
2678Rulemaking Act.
2679 (4) A person may not:
2680 (a) remove more than one notch indicating date or sex; or
2681 (b) tag more than one carcass using the same tag.
2682 Section 92. Section 23A-4-801, which is renumbered from Section 23-19-34.5 is
2683renumbered and amended to read:
2684 Part 8. Falconry
2685 [23-19-34.5]. 23A-4-801. Falconry certificate of registration -- Residents
268612 or older may obtain certificate of registration -- License for falconry meet for
2687nonresidents -- Wildlife Board approval required for falconry meet -- Hunting license
2688required to take protected game.
2689 (1) A resident 12 years [of age] old or older[, upon application to the division,] may Enrolled Copy H.B. 30
- 97 -
2690obtain a certificate of registration to hold falcons and engage in the sport of falconry on
2691nongame wildlife species upon application to the division.
2692 (2) A nonresident entering Utah to participate in the sport of falconry at an organized
2693meet shall obtain a license as provided in Section [23-19-34.7] 23A-4-802.
2694 (3) Organizers of a falconry meet shall apply to and receive approval from the Wildlife
2695Board [in order] to conduct an organized falconry meet.
2696 (4) (a) [Any] A person engaging in the sport of falconry on protected small game
2697species shall possess, in addition to the falconry certificate of registration, a hunting license.
2698 (b) [Any] A nonresident who has been issued a license pursuant to Section
2699[23-19-34.7] 23A-4-802 is not required to possess a hunting license [in order] to take small
2700game during the five-day period of the license.
2701 Section 93. Section 23A-4-802, which is renumbered from Section 23-19-34.7 is
2702renumbered and amended to read:
2703 [23-19-34.7]. 23A-4-802. Nonresident falconry meet license.
2704 (1) A nonresident 12 years [of age] old or older may participate in a falconry meet in
2705this state upon payment of a fee prescribed by the Wildlife Board.
2706 (2) (a) A nonresident falconry meet license is valid only for five consecutive days, the
2707dates to be designated on the license.
2708 (b) The holder of the license may engage in the sport of falconry on nongame wildlife
2709species and small game species[,] during the specified five-day period.
2710 Section 94. Section 23A-4-901, which is renumbered from Section 23-19-27 is
2711renumbered and amended to read:
2712 Part 9. Furbearer License or Registration
2713 [23-19-27]. 23A-4-901. Furbearer license -- Resident or nonresident.
2714 A resident or nonresident[, upon payment of the fee prescribed by the Wildlife Board,]
2715may receive a license to take furbearers upon payment of the fee prescribed by the Wildlife
2716Board.
2717 Section 95. Section 23A-4-902, which is renumbered from Section 23-19-31 is H.B. 30 Enrolled Copy
- 98 -
2718renumbered and amended to read:
2719 [23-19-31]. 23A-4-902. Resident fur dealer registration.
2720 A resident[, upon application to the Wildlife Board,] may be registered as a fur dealer
2721upon application to the Wildlife Board.
2722 Section 96. Section 23A-4-903, which is renumbered from Section 23-19-32 is
2723renumbered and amended to read:
2724 [23-19-32]. 23A-4-903. Nonresident fur dealer registration.
2725 A nonresident[, upon application to the wildlife board,] may be registered as a fur
2726dealer upon application to the Wildlife Board.
2727 Section 97. Section 23A-4-904, which is renumbered from Section 23-19-33 is
2728renumbered and amended to read:
2729 [23-19-33]. 23A-4-904. Registration of fur dealer's agent.
2730 [Any] A person who is employed by a fur dealer as a fur buyer in the field[, upon
2731application to the Wildlife Board,] may be registered as a fur dealer's agent upon application to
2732the Wildlife Board.
2733 Section 98. Section 23A-4-905, which is renumbered from Section 23-18-5 is
2734renumbered and amended to read:
2735 [23-18-5]. 23A-4-905. Fur dealer and fur dealer's agent -- Certificates of
2736registration required -- Receipts required.
2737 (1) (a) [Any] A person engaging in, carrying on, or conducting, wholly or in part, the
2738business of buying, selling, trading, or dealing, within the state, in the skins or pelts of
2739furbearing mammals [shall be deemed] is considered a fur dealer within the meaning of this
2740[code. All fur dealers] title.
2741 (b) A fur dealer shall secure a fur dealer certificate of registration from the [Division of
2742Wildlife Resources, but no] division, except a certificate of registration [shall be] is not
2743required for:
2744 (i) a licensed trapper or fur farmer selling skins or pelts [which] that the licensed
2745trapper or fur farmer has lawfully taken[,] or raised[, nor for any]; or Enrolled Copy H.B. 30
- 99 -
2746 (ii) a person who is not a fur dealer and who purchases [any such] skins or pelts
2747described in Subsection (1)(b)(i) exclusively for the person's own use and not for sale.
2748 (2) [Any] (a) A person who is employed by a resident or nonresident fur dealer as a fur
2749buyer, in the field, is [deemed] considered a fur dealer's agent.
2750 [Application] (b) The fur dealer employing an agent shall apply for a fur dealer's agent
2751certificate of registration [shall be made by the fur dealer employing the agent, and no], and an
2752agent certificate of registration [shall] may not be issued until the necessary fur dealer
2753certificate of registration has been first secured by the employer of the agent.
2754 (3) [Receipts shall be issued by the] The vendor shall issue a receipt to the vendee
2755whenever the skins or pelts of furbearing mammals change ownership by virtue of sale,
2756exchange, barter, or gift[; and both]. Both the vendor and vendee shall produce [this] the
2757receipt or evidence of legal transaction upon request by the [Division of Wildlife Resources]
2758division or other person authorized to enforce [the provisions of this code] this title.
2759 Section 99. Section 23A-4-1001, which is renumbered from Section 23-19-11 is
2760renumbered and amended to read:
2761 Part 10. Education
2762 [23-19-11]. 23A-4-1001. Hunter education required.
2763 (1) (a) Except as provided in Section [23-19-14.6] 23A-4-701, an individual born after
2764December 31, 1965, may not acquire or possess a hunting license or permit unless the
2765individual has successfully completed a division-approved hunter education course.
2766 (b) A division-approved hunter education course shall include education concerning
2767the importance of gates and fences used in agriculture and how to properly close a gate.
2768 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2769Wildlife Board may make rules establishing:
2770 (a) criteria and standards for approving a hunter education course, including a course
2771offered in another state or country; and
2772 (b) procedures for verifying and documenting that an individual seeking a hunting
2773license or permit has successfully completed a division-approved hunter education course. H.B. 30 Enrolled Copy
- 100 -
2774 [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a hunting
2775license or permit in violation of the hunter education requirements in Subsection (1).]
2776 [(b) A hunting license or permit obtained or possessed in violation of this section is
2777invalid.]
2778 Section 100. Section 23A-4-1002, which is renumbered from Section 23-19-11.1 is
2779renumbered and amended to read:
2780 [23-19-11.1]. 23A-4-1002. Hunter education practical shooting test --
2781Exemptions.
2782 (1) Except as provided in Subsection (2), the Wildlife Board may require that the
2783division-approved hunter education course required by Section [23-19-11] 23A-4-1001 include
2784a practical shooting test.
2785 (2) A member of the United States Armed Forces, including the Utah National Guard,
2786is exempt from a practical shooting test that may be required under Subsection (1) if the
2787member has passed firearms training in the United States Armed Forces or Utah National
2788Guard.
2789 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2790Wildlife Board may make rules establishing firearms test verification requirements.
2791 Section 101. Section 23A-4-1003, which is renumbered from Section 23-19-12 is
2792renumbered and amended to read:
2793 [23-19-12]. 23A-4-1003. Instruction in hunter education -- Issuance of
2794certificate of competency.
2795 (1) The [Division of Wildlife Resources] division shall provide for [individuals] an
2796individual interested in obtaining an instructor's certificate in hunter education a course of
2797instruction in:
2798 (a) the safe handling of firearms;
2799 (b) conservation;
2800 (c) hunting ethics;
2801 (d) information required by Subsection [23-19-11] 23A-4-1001(1)(b); and Enrolled Copy H.B. 30
- 101 -
2802 (e) related subject matter.
2803 (2) A certified instructor may, on a voluntary basis, give instruction in the course of
2804hunter education, as established by the [Division of Wildlife Resources] division, to eligible
2805persons [who, upon the successful completion of the course, shall be issued]. The division shall
2806issue a certificate of competency in hunter education upon the successful completion of the
2807course.
2808 Section 102. Section 23A-4-1004, which is renumbered from Section 23-19-12.7 is
2809renumbered and amended to read:
2810 [23-19-12.7]. 23A-4-1004. Instruction in bow hunter education -- Issuance
2811of certificate of completion.
2812 (1) The division shall establish criteria for a bow hunter education course, which may
2813be offered by [any] an entity that meets the division's criteria.
2814 (2) The bow hunter education course shall include instruction in:
2815 (a) the safe use of bow hunting equipment;
2816 (b) fundamentals of bow hunting;
2817 (c) shooting and hunting techniques; and
2818 (d) hunter ethics.
2819 (3) The division shall issue a certificate of completion to a participant upon successful
2820completion of a bow hunter education course which meets the requirements of this section and
2821criteria established by the division.
2822 Section 103. Section 23A-4-1005, which is renumbered from Section 23-19-11.5 is
2823renumbered and amended to read:
2824 [23-19-11.5]. 23A-4-1005. Proof of furharvester education required.
2825 (1) A resident born after December 31, 1984, may not acquire or possess a furbearer
2826license unless the individual has successfully completed a division-approved furharvester
2827education course.
2828 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2829Wildlife Board may make rules establishing: H.B. 30 Enrolled Copy
- 102 -
2830 (a) criteria and standards for approving a furharvester education course, including a
2831course offered in another state or country; and
2832 (b) procedures for verifying and documenting that an individual seeking a furbearer
2833license has successfully completed a division-approved furharvester education course.
2834 [(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a
2835furbearer license in violation of the furharvester education requirements in Subsection (1).]
2836 [(b) A furbearer license or permit obtained or possessed in violation of this section is
2837invalid.]
2838 Section 104. Section 23A-4-1006, which is renumbered from Section 23-19-12.5 is
2839renumbered and amended to read:
2840 [23-19-12.5]. 23A-4-1006. Instruction in furharvester education --
2841Issuance of certificate of completion.
2842 (1) The division shall provide a course of instruction in safe and responsible trapping,
2843including instruction in:
2844 (a) the use of trapping devices;
2845 (b) trapping laws;
2846 (c) trapping ethics;
2847 (d) techniques in safely releasing nontarget animals;
2848 (e) firearms safety;
2849 (f) wildlife management;
2850 (g) proper catch handling;
2851 (h) trapper health and safety; and
2852 (i) ethics relating to the avoidance of conflicts with other public land users and private
2853landowners.
2854 (2) (a) [Certified instructors will] A certified instructor may, on a voluntary basis, give
2855instruction in the course of furharvester education, as established by the division.
2856 (b) Upon the successful completion of the course, [each] the division shall issue to the
2857participant in the furharvester education course [shall be issued] a certificate of completion in Enrolled Copy H.B. 30
- 103 -
2858furharvester education.
2859 Section 105. Section 23A-4-1007, which is renumbered from Section 23-19-13 is
2860renumbered and amended to read:
2861 [23-19-13]. 23A-4-1007. Hunter and furharvester education training -- Fee.
2862 The Wildlife Board shall establish the fees to be assessed for obtaining instruction in
2863hunter education and furharvester education.
2864 Section 106. Section 23A-4-1101, which is renumbered from Section 23-19-5 is
2865renumbered and amended to read:
2866 Part 11. Violations and Enforcement
2867 [23-19-5]. 23A-4-1101. Fraud, deceit, or misrepresentation in obtaining a
2868license, permit, tag, or certificate of registration -- Criminal penalty.
2869 (1) [It is unlawful for] A person may not:
2870 (a) [any person to] obtain or attempt to obtain a license, permit, tag, or certificate of
2871registration by fraud, deceit, or misrepresentation;
2872 (b) if a nonresident [to], purchase a resident license; and
2873 (c) if a resident [to], purchase a nonresident license.
2874 [(2) Any license, permit, tag, or certificate of registration obtained in violation of
2875Subsection (1) is invalid.]
2876 [(3) Any] (2) A person violating Subsection (1) is guilty of a class B misdemeanor.
2877 (3) A license, permit, certificate of registration, or tag obtained in violation of
2878Subsection (1) is invalid.
2879 (4) A fraudulent claim of residency in another state or country does not exempt a
2880person from the definition of resident in Section [23-13-2] 23A-1-101.
2881 Section 107. Section 23A-4-1102, which is renumbered from Section 23-19-5.5 is
2882renumbered and amended to read:
2883 [23-19-5.5]. 23A-4-1102. Issuance of license, permit, or tag prohibited for
2884failure to pay child support.
2885 (1) As used in this section: H.B. 30 Enrolled Copy
- 104 -
2886 (a) "Child support" means the same as that term is defined in Section 62A-11-401.
2887 (b) "Delinquent on a child support obligation" means that:
2888 (i) an individual owes at least $2,500 on an arrearage obligation of child support based
2889on an administrative or judicial order;
2890 (ii) the individual has not obtained a judicial order staying enforcement of the
2891individual's obligation on the amount in arrears; and
2892 (iii) the office has obtained a statutory judgment lien pursuant to Section
289362A-11-312.5.
2894 (c) "Office" means the Office of Recovery Services created in Section 62A-11-102.
2895 (d) "Wildlife license agent" means a person authorized under Section [23-19-15]
289623A-4-501 to sell a license, permit, or tag in accordance with this chapter.
2897 (2) (a) An individual who is delinquent on a child support obligation may not apply for,
2898obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by
2899the Wildlife Board under this title, or by an order or proclamation [issued in accordance with a
2900rule made by the Wildlife Board under this title].
2901 (b) (i) An individual who applies for, obtains, or attempts to obtain a license, permit, or
2902tag in violation of Subsection (2)(a) violates Section [23-19-5] 23A-4-1101.
2903 (ii) A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.
2904 (iii) An individual who takes protected wildlife with an invalid license, permit, or tag
2905violates Section [23-20-3] 23A-5-309.
2906 (3) (a) The license, permit, and tag restrictions in Subsection (2)(a) remain effective
2907until the office notifies the division that the individual who is delinquent on a child support
2908obligation has:
2909 (i) paid the delinquency in full; or
2910 (ii) except as provided in Subsection (3)(d), complied for at least 12 consecutive
2911months with a payment schedule entered into with the office.
2912 (b) A payment schedule under Subsection (3)(a) shall provide that the individual:
2913 (i) pay the current child support obligation in full each month; and Enrolled Copy H.B. 30
- 105 -
2914 (ii) pays an additional amount as assessed by the office pursuant to Section
291562A-11-320 towards the child support arrears.
2916 (c) Except as provided in Subsection (3)(d), if an individual fails to comply with the
2917payment schedule described in Subsection (3)(b), the office may notify the division and the
2918individual is considered to be an individual who is delinquent on a child support obligation and
2919cannot obtain a new license, permit, or tag without complying with this Subsection (3).
2920 (d) If an individual fails to comply with the payment schedule described in Subsection
2921(3)(b) for one month of the 12-month period because of a transition to new employment, the
2922individual may obtain a license, permit, or tag and is considered in compliance with this
2923Subsection (3) if the individual:
2924 (i) provides the office with information regarding the individual's new employer within
292530 days from the day on which the missed payment was due;
2926 (ii) pays the missed payment within 30 days from the day on which the missed payment
2927was due; and
2928 (iii) complies with the payment schedule for all other payments owed for child support
2929within the 12-month period.
2930 (4) (a) The division or a wildlife license agent may not knowingly issue a license,
2931permit, or tag under this title to an individual identified by the office as delinquent on a child
2932support obligation until notified by the office that the individual has complied with Subsection
2933(3).
2934 (b) The division is not required to hold or reserve a license, permit, or tag opportunity
2935withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that
2936individual upon compliance with Subsection (3).
2937 (c) The division may immediately reissue to another qualified person a license, permit,
2938or tag opportunity withheld from an individual identified by the office as delinquent on a child
2939support obligation pursuant to Subsection (4)(a).
2940 (5) The office and division shall automate the process for the division or a wildlife
2941license agent to be notified whether an individual is delinquent on a child support obligation or H.B. 30 Enrolled Copy
- 106 -
2942has complied with Subsection (3).
2943 (6) The office is responsible to provide [any] administrative or judicial review required
2944incident to the division issuing or denying a license, permit, or tag to an individual under
2945Subsection (4).
2946 (7) The denial or withholding of a license, permit, or tag under this section is not a
2947suspension or revocation of license and permit privileges for purposes of:
2948 (a) Section [23-19-9] 23A-4-1106;
2949 (b) Subsection [23-20-4] 23A-5-311(1); and
2950 (c) Section [23-25-6] 23A-2-505.
2951 (8) This section does not modify a court action to withhold, suspend, or revoke a
2952recreational license under Sections 62A-11-107 and 78B-6-315.
2953 Section 108. Section 23A-4-1103, which is renumbered from Section 23-19-6 is
2954renumbered and amended to read:
2955 [23-19-6]. 23A-4-1103. Imitating or counterfeiting license unlawful --
2956Criminal penalty.
2957 [It is unlawful to] (1) A person may not imitate or counterfeit [any] a license, permit,
2958tag, or certificate of registration for the purpose of defrauding the state [of Utah] or for evading
2959the purposes and provisions of this [code. Any] title.
2960 (2) A person who violates [any provision of] this section is guilty of a class A
2961misdemeanor.
2962 Section 109. Section 23A-4-1104 is enacted to read:
2963 23A-4-1104. Violation of hunter education requirements -- Criminal penalty.
2964 (1) An individual may not obtain, attempt to obtain, or possess a hunting license or
2965permit in violation of the hunter education requirements in Subsection 23A-4-1001(1).
2966 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
2967 (3) A hunting license or permit obtained or possessed in violation of Section
296823A-4-1101 is invalid.
2969 Section 110. Section 23A-4-1105 is enacted to read: Enrolled Copy H.B. 30
- 107 -
2970 23A-4-1105. Violation of furharvester education requirements -- Criminal
2971penalty.
2972 (1) An individual may not obtain, attempt to obtain, or possess a furbearer license in
2973violation of the furharvester education requirements in Subsection 23A-4-1005(1).
2974 (2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
2975 (3) A furbearer license or permit obtained or possessed in violation of this section is
2976invalid.
2977 Section 111. Section 23A-4-1106, which is renumbered from Section 23-19-9 is
2978renumbered and amended to read:
2979 [23-19-9]. 23A-4-1106. Suspension of license or permit privileges --
2980Suspension of certificates of registration.
2981 (1) As used in this section:
2982 (a) "License or permit privileges" means the privilege of applying for, purchasing, and
2983exercising the benefits conferred by a license or permit issued by the division.
2984 (b) "Livestock guardian dog" means the same as that term is defined in Section
298576-6-111.
2986 (2) A hearing officer, appointed by the division, may suspend a person's license or
2987permit privileges if:
2988 (a) in a court of law, the person:
2989 (i) is convicted of:
2990 (A) violating this title or a rule of the Wildlife Board;
2991 (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
2992an activity regulated under this title;
2993 (C) violating Section 76-6-111; or
2994 (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
2995 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
2996contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
2997 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person H.B. 30 Enrolled Copy
- 108 -
2998enters into a diversion agreement which suspends the prosecution of the offense; and
2999 (b) the hearing officer determines the person committed the offense intentionally,
3000knowingly, or recklessly, as defined in Section 76-2-103.
3001 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
3002officer shall consider in determining:
3003 (i) the type of license or permit privileges to suspend; and
3004 (ii) the duration of the suspension.
3005 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
3006(3)(a) are consistent with Subsections (4), (5), and (6).
3007 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
3008person's license or permit privileges according to Subsection (2) for a period of time not to
3009exceed:
3010 (a) seven years for:
3011 (i) a felony conviction;
3012 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
3013held in abeyance pursuant to a plea in abeyance agreement; or
3014 (iii) being charged with an offense punishable as a felony, the prosecution of which is
3015suspended pursuant to a diversion agreement;
3016 (b) five years for:
3017 (i) a class A misdemeanor conviction;
3018 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
3019which plea is held in abeyance pursuant to a plea in abeyance agreement; or
3020 (iii) being charged with an offense punishable as a class A misdemeanor, the
3021prosecution of which is suspended pursuant to a diversion agreement;
3022 (c) three years for:
3023 (i) a class B misdemeanor conviction;
3024 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
3025when the plea is held in abeyance according to a plea in abeyance agreement; or Enrolled Copy H.B. 30
- 109 -
3026 (iii) being charged with an offense punishable as a class B misdemeanor, the
3027prosecution of which is suspended pursuant to a diversion agreement; and
3028 (d) one year for:
3029 (i) a class C misdemeanor conviction;
3030 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
3031when the plea is held in abeyance according to a plea in abeyance agreement; or
3032 (iii) being charged with an offense punishable as a class C misdemeanor, the
3033prosecution of which is suspended according to a diversion agreement.
3034 (5) The hearing officer may double a suspension period established in Subsection (4)
3035for offenses:
3036 (a) committed in violation of an existing suspension or revocation order issued by the
3037courts, division, or Wildlife Board; or
3038 (b) involving the unlawful taking of a trophy animal, as defined in Section [23-13-2]
303923A-1-101.
3040 (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
3041or permit privileges for a particular license or permit only once for each single criminal
3042episode, as defined in Section 76-1-401.
3043 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
3044suspension periods of [any] license or permit privileges of the same type suspended, according
3045to Subsection (2), may run consecutively.
3046 (c) If a hearing officer suspends, according to Subsection (2), license or permit
3047privileges of the type that have been previously suspended by a court, a hearing officer, or the
3048Wildlife Board and the suspension period has not expired, the suspension periods may run
3049consecutively.
3050 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
3051applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
3052 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
3053defined in Section 76-2-103, violated: H.B. 30 Enrolled Copy
- 110 -
3054 (A) this title;
3055 (B) a rule or order of the Wildlife Board;
3056 (C) the terms of a certificate of registration; or
3057 (D) the terms of a certificate of registration application or agreement; or
3058 (ii) the person, in a court of law:
3059 (A) is convicted of an offense that the hearing officer determines bears a reasonable
3060relationship to the person's ability to safely and responsibly perform the activities authorized by
3061the certificate of registration;
3062 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
3063reasonable relationship to the person's ability to safely and responsibly perform the activities
3064authorized by the certificate of registration, and the plea is held in abeyance in accordance with
3065a plea in abeyance agreement; or
3066 (C) is charged with an offense that the hearing officer determines bears a reasonable
3067relationship to the person's ability to safely and responsibly perform the activities authorized by
3068the certificate of registration, and prosecution of the offense is suspended in accordance with a
3069diversion agreement.
3070 (b) [All certificates] A hearing officer shall suspend a certificate of registration for the
3071harvesting of brine shrimp eggs, as defined in Section 59-23-3, [shall be suspended by a
3072hearing officer,] if the hearing officer determines the holder of the [certificates] certificate of
3073registration has violated Section 59-23-5.
3074 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
3075adjudicative functions provided in this section.
3076 (b) The director may not appoint a division employee who investigates or enforces
3077wildlife violations.
3078 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
3079for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
3080registration.
3081 (b) The courts shall promptly notify the division of [any] suspension orders or Enrolled Copy H.B. 30
- 111 -
3082recommendations entered.
3083 (c) The division, upon receiving notification of suspension from the courts, shall
3084prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
3085license, permit, or certification of registration for the duration and of the type specified in the
3086court order.
3087 (d) The hearing officer shall consider [any] a recommendation made by a sentencing
3088court concerning suspension before issuing a suspension order.
3089 [(10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
3090benefits conferred by any permit, license, or certificate of registration specified in an order of
3091suspension while that order is in effect.]
3092 [(b) Any license possessed or obtained in violation of the order shall be considered
3093invalid.]
3094 [(c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.]
3095 [(11)] (10) Before suspension under this section, [a person shall be] the division shall
3096give a person:
3097 (a) [given] written notice of [any] action the division intends to take; and
3098 (b) [provided with] an opportunity for a hearing.
3099 [(12)] (11) (a) A person may file an appeal of a hearing officer's decision with the
3100Wildlife Board.
3101 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
3102any written documentation submitted at the hearing.
3103 (c) The Wildlife Board may:
3104 (i) take no action;
3105 (ii) vacate or remand the decision; or
3106 (iii) amend the period or type of suspension.
3107 [(13)] (12) The division shall suspend and reinstate all hunting, fishing, trapping, and
3108falconry privileges consistent with [Title 23, Chapter 25,] Chapter 2, Part 5, Wildlife Violator
3109Compact. H.B. 30 Enrolled Copy
- 112 -
3110 [(14)] (13) The Wildlife Board may make rules to implement this section in accordance
3111with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3112 Section 112. Section 23A-4-1107 is enacted to read:
3113 23A-4-1107. Violation of suspension -- Criminal penalty.
3114 (1) A person may not apply for, purchase, possess, or attempt to exercise the benefits
3115conferred by a permit, license, or certificate of registration specified in an order of suspension
3116while that order is in effect.
3117 (2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
3118 (3) A license possessed or obtained in violation of the order is invalid.
3119 Section 113. Section 23A-4-1108, which is renumbered from Section 23-19-9.1 is
3120renumbered and amended to read:
3121 [23-19-9.1]. 23A-4-1108. Court-ordered action against a license.
3122 The division shall promptly withhold, suspend, restrict, or reinstate the use of a license
3123issued under this chapter if so ordered by a court.
3124 Section 114. Section 23A-4-1109, which is renumbered from Section 23-19-9.5 is
3125renumbered and amended to read:
3126 [23-19-9.5]. 23A-4-1109. Warrant outstanding or failure to comply with citation
3127-- Person not entitled to license, permit, tag, or certificate.
3128 (1) A person may not purchase a license, permit, tag, or certificate of registration if:
3129 (a) there is an outstanding Utah warrant against [him] the person for failure to appear
3130in answer to a summons for a violation of:
3131 (i) [a provision of] this title; or
3132 (ii) a rule, proclamation, or order of the Wildlife Board; or
3133 (b) [he has failed] the person fails to comply with a wildlife citation in a state which is
3134a party to the Wildlife Violator Compact set forth in [Title 23, Chapter 25,] Chapter 2, Part 5,
3135Wildlife Violator Compact.
3136 (2) The division may allow a person referred to in Subsection (1) to purchase a license,
3137permit, tag, or certificate of registration if satisfactory proof is given that: Enrolled Copy H.B. 30
- 113 -
3138 (a) the warrant is no longer outstanding; or
3139 (b) [he] the person has complied with the wildlife citation.
3140 Section 115. Section 23A-5-101 is enacted to read:
3141 CHAPTER 5. ENFORCEMENT AND VIOLATIONS
3142 Part 1. General Provisions
3143 23A-5-101. Definitions.
3144 Reserved.
3145 Section 116. Section 23A-5-201, which is renumbered from Section 23-20-1 is
3146renumbered and amended to read:
3147 Part 2. Enforcement
3148 [23-20-1]. 23A-5-201. Enforcement authority of conservation officers --
3149Seizure and disposition of property.
3150 (1) [Conservation officers] A conservation officer of the division shall enforce [the
3151provisions of] this title with the same authority and following the same procedures as other law
3152enforcement officers.
3153 (2) (a) [Conservation officers] A conservation officer shall seize [any] protected
3154wildlife illegally taken or held.
3155 (b) (i) Upon determination of a defendant's guilt by the court[,]:
3156 (A) the court shall confiscate the protected wildlife [shall be confiscated by the court
3157and sold or otherwise disposed of by the division]; and
3158 (B) the division shall sell or otherwise dispose of the protected wildlife.
3159 (ii) Proceeds of [the sales] a sale under this section shall be deposited in the Wildlife
3160Resources Account.
3161 (iii) Migratory wildfowl may not be sold, but [shall be given] the division shall give the
3162migratory wildfowl to a charitable institution [or used] for other charitable purposes.
3163 (3) (a) [Conservation officers] A conservation officer may seize and impound a vehicle
3164used for the unlawful taking or possessing of protected wildlife for any of the following
3165purposes: H.B. 30 Enrolled Copy
- 114 -
3166 (i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
3167 (ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search
3168warrant; or
3169 (iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
3170possessed.
3171 (b) The division shall store [any] a seized vehicle in a public or private garage, state
3172impound lot, or other secured storage facility.
3173 (4) A seized vehicle shall be released to the owner no later than 30 days after the date
3174the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of
3175wildlife by a person who is charged with committing a felony under this title.
3176 (5) (a) The owner of a seized vehicle is liable for the payment of any impound fee if the
3177owner used the vehicle for the unlawful taking or possessing of wildlife and is found by a court
3178to be guilty of a violation of this title.
3179 (b) The owner of a seized vehicle is not liable for the payment of any impound fee or,
3180if the fees have been paid, is entitled to reimbursement of the fees paid, if:
3181 (i) no charges are filed or all charges are dropped [which] that involve the use of the
3182vehicle for the unlawful taking or possessing of wildlife;
3183 (ii) the person charged with using the vehicle for the unlawful taking or possessing of
3184wildlife is found by a court to be not guilty; or
3185 (iii) the owner did not consent to a use of the vehicle [which] that violates this chapter.
3186 Section 117. Section 23A-5-202, which is renumbered from Section 23-20-1.5 is
3187renumbered and amended to read:
3188 [23-20-1.5]. 23A-5-202. Powers of law enforcement section.
3189 (1) The chief and assistant chief of the law enforcement section, an enforcement
3190[agents, and] agent, or conservation [officers] officer of the law enforcement section within the
3191[Division of Wildlife Resources] division are vested with the powers of law enforcement
3192officers throughout [all of] the counties of the state with exception of the power to serve civil
3193process and: Enrolled Copy H.B. 30
- 115 -
3194 (a) may serve criminal process, arrest, and prosecute [violators of any] a violator of a
3195law of this state; and
3196 (b) [shall have] has the same right as other law enforcement officers to require aid in
3197executing [their] the duties.
3198 (2) The powers and duties conferred by this section upon employees of the law
3199enforcement section of the [Division of Wildlife Resources] division shall be supplementary to
3200and in no way a limitation on the powers and duties of other law enforcement officers in the
3201state.
3202 Section 118. Section 23A-5-203, which is renumbered from Section 23-20-2 is
3203renumbered and amended to read:
3204 [23-20-2]. 23A-5-203. Special deputies -- Appointment -- Duties.
3205 The director [of the Division of Wildlife Resources is authorized to] may appoint
3206[persons] a person, on a temporary basis, as a special [deputies. These special deputies shall
3207have the authority to enforce provisions of this code and all rules and regulations promulgated
3208under this code.] deputy. A special deputy may enforce this title and rules made under this
3209title.
3210 Section 119. Section 23A-5-204, which is renumbered from Section 23-20-10 is
3211renumbered and amended to read:
3212 [23-20-10]. 23A-5-204. Butcher, locker, or storage plant to require proper tag
3213or donation slip.
3214 [It is unlawful for a] A butcher or owner or employee of a locker plant or storage plant
3215[to] may not receive for processing or storage the carcass of [any] protected wildlife that by law
3216or regulation is required to be tagged, unless the carcass is properly tagged or is accompanied
3217with a valid donation slip.
3218 Section 120. Section 23A-5-205, which is renumbered from Section 23-20-16 is
3219renumbered and amended to read:
3220 [23-20-16]. 23A-5-205. Enforcement -- Procedure.
3221 In enforcing the misdemeanor or felony provisions of this [code] title, [the] a peace H.B. 30 Enrolled Copy
- 116 -
3222officer shall follow [the procedures and requirements of] Title 53, Chapter 13, Peace Officer
3223Classifications.
3224 Section 121. Section 23A-5-206, which is renumbered from Section 23-20-28 is
3225renumbered and amended to read:
3226 [23-20-28]. 23A-5-206. Search warrants.
3227 (1) A search warrant may be issued by a magistrate to search for [any] property [which]
3228that may constitute evidence of [any violation of the provisions of this code] a violation of this
3229title, rules, [regulations,] or proclamations of the Wildlife Board upon an affidavit of [any] a
3230person.
3231 (2) The search warrant shall be directed to a conservation officer or a peace officer,
3232directing the officer to search for evidence and to bring [it] the evidence before the magistrate.
3233 (3) A search warrant may not be issued except upon probable cause supported by oath
3234or affirmation, particularly describing the place, person, or thing to be searched for and the
3235person or thing to be seized.
3236 (4) The warrant shall be served in the daytime, unless there is reason to believe that the
3237service of the search warrant is required immediately because a person may:
3238 (a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;
3239 (b) destroy or conceal evidence of the commission of [any] a violation; or
3240 (c) injure another person or damage property.
3241 (5) [The] Notwithstanding Subsection (4), a search warrant may be served at night if:
3242 (a) there is reason to believe that a violation may occur at night; or
3243 (b) the evidence of the violation may not be available to the officers serving the
3244warrant during the day.
3245 Section 122. Section 23A-5-207, which is renumbered from Section 23-20-25 is
3246renumbered and amended to read:
3247 [23-20-25]. 23A-5-207. Exhibition of license, permit, tag, or device required --
3248Criminal penalty.
3249 (1) [Any] A person while engaged in [any] an activity regulated under this title, shall Enrolled Copy H.B. 30
- 117 -
3250[be required upon demand of any] exhibit the following at the request of conservation officer or
3251[any] other peace officer [to exhibit]:
3252 (a) the required license, permit, or tag;
3253 (b) [any] device or apparatus in that person's possession used for [any] an activity
3254regulated under this title; or
3255 (c) [any] wildlife in that person's possession.
3256 (2) [Any] A conservation officer who has a reasonable belief that a person is engaged
3257in [any] an activity regulated under this title may stop and temporarily detain that person [in
3258order] to demand and inspect:
3259 (a) the required license, permit, or tag;
3260 (b) [any] a device or apparatus in that person's possession used for [any] an activity
3261regulated under this title; or
3262 (c) [any] wildlife in that person's possession.
3263 (3) [Any] A person [who] is subject to the penalties of Section 23A-5-301 if the person
3264fails to produce for examination to [an] a correction officer or other peace officer any of the
3265required licenses, permits, tags, devices or apparatuses used for [any] an activity regulated
3266under this title or [any] wildlife in that person's possession [is guilty of a class B
3267misdemeanor].
3268 Section 123. Section 23A-5-301, which is renumbered from Section 23-13-11 is
3269renumbered and amended to read:
3270 Part 3. Violations
3271 [23-13-11]. 23A-5-301. Violations in general -- Criminal penalty -- Aiding or
3272assisting violation.
3273 (1) Except as otherwise provided in this title:
3274 [(1)] (a) a violation of [any provision of] this title is a class B misdemeanor; and
3275 [(2)] (b) a violation of [any] a rule of the Wildlife Board, made in accordance with
3276Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or proclamation of the Wildlife
3277Board is an infraction. H.B. 30 Enrolled Copy
- 118 -
3278 (2) (a) A person may not aid or assist another person to violate this title or a rule made
3279by the Wildlife Board under this title and in accordance with Title 63G, Chapter 3, Utah
3280Administrative Rulemaking Act.
3281 (b) The penalty for violating this Subsection (2) is the same as for the provision or rule
3282for which aid or assistance is given.
3283 Section 124. Section 23A-5-302, which is renumbered from Section 23-13-4 is
3284renumbered and amended to read:
3285 [23-13-4]. 23A-5-302. Captivity of protected wildlife unlawful -- Criminal
3286penalty.
3287 [It is unlawful for any] (1) A person [to] may not hold in captivity at any time [any]
3288protected wildlife except as provided by this [code] title or rules [and regulations of] made by
3289the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3290Act.
3291 (2) A person who violates this section is subject to the penalty provided in Section
329223A-5-301.
3293 Section 125. Section 23A-5-303, which is renumbered from Section 23-13-5 is
3294renumbered and amended to read:
3295 [23-13-5]. 23A-5-303. Importation or exportation and release of wildlife
3296unlawful -- Criminal penalty.
3297 [It is unlawful for any] (1) A person [to] may not:
3298 (a) import into or export from the state [of Utah any] a species of live native or exotic
3299wildlife; or [to]
3300 (b) possess or release from captivity [any such] imported live wildlife [except as]
3301described in Subsection (1)(a).
3302 (2) Notwithstanding Subsection (1), a person may engage in an act described in
3303Subsection (1) if:
3304 (a) provided for in this [code] title or the rules [and regulations of] made by the
3305Wildlife Board [without] in accordance with Title 63G, Chapter 3, Utah Administrative Enrolled Copy H.B. 30
- 119 -
3306Rulemaking Act; and
3307 (b) the person first [securing] secures written permission from the division [of Wildlife
3308Resources].
3309 (3) A person who violates this section is subject to the penalty provided in Section
331023A-5-301.
3311 Section 126. Section 23A-5-304, which is renumbered from Section 23-13-13 is
3312renumbered and amended to read:
3313 [23-13-13]. 23A-5-304. Commercialization of wildlife unlawful -- Criminal
3314penalty.
3315 [It shall be unlawful for any person to utilize] (1) A person may not use wildlife as a
3316commercial venture for financial gain except as provided in this [code] title or under rules [and
3317regulations of] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
3318Administrative Rulemaking Act.
3319 (2) A person who violates this section is subject to the penalty provided in Section
332023A-5-301.
3321 Section 127. Section 23A-5-305, which is renumbered from Section 23-13-14 is
3322renumbered and amended to read:
3323 [23-13-14]. 23A-5-305. Release of wildlife unlawful -- Criminal penalty.
3324 (1) (a) A person may not release or transplant a live terrestrial or aquatic wildlife into
3325the wild:
3326 (i) without a certificate of registration issued by the division authorizing the release; or
3327 (ii) except as provided in this title and rules [and regulations established] made by the
3328Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3329 (b) The division may only authorize the transplanting of big game, turkeys, wolves,
3330threatened or endangered species, or sensitive species as provided in Section [23-14-21]
333123A-2-209.
3332 (2) Except as provided in [Subsection (3)] Section 23A-5-306, a person who violates
3333Subsection (1) is guilty of a class A misdemeanor. H.B. 30 Enrolled Copy
- 120 -
3334 [(3) A person who knowingly and without lawful authority imports, transports, or
3335releases a live species of wildlife that the person knows is listed as threatened or endangered, or
3336is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3337the intent to establish the presence of that species in an area of the state not currently known to
3338be occupied by a reproducing population of that species is guilty of a third degree felony.]
3339 Section 128. Section 23A-5-306 is enacted to read:
3340 23A-5-306. Import, transport, or release of threatened or endangered species --
3341Criminal penalty.
3342 (1) A person may not knowingly and without lawful authority import, transport, or
3343release a live species of wildlife that the person knows is listed as threatened or endangered, or
3344is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with
3345the intent to establish the presence of that species in an area of the state not currently known to
3346be occupied by a reproducing population of that species.
3347 (2) A person who violates Subsection (1) is guilty of a third degree felony.
3348 Section 129. Section 23A-5-307, which is renumbered from Section 23-13-18 is
3349renumbered and amended to read:
3350 [23-13-18]. 23A-5-307. Use of a computer or other device to remotely hunt
3351wildlife prohibited -- Trail cameras -- Criminal penalty.
3352 (1) As used in this section, "trail camera" means a device that is not held or manually
3353operated by a person and is used to capture images, video, or location data of wildlife using
3354heat or motion to trigger the device.
3355 [(1)] (2) A person may not use a computer or other device to remotely control the
3356aiming and discharge of a firearm or other weapon for hunting an animal.
3357 [(2)] (3) A person who violates Subsection (1) is guilty of a class A misdemeanor.
3358 [(3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
3359manually operated by a person and is used to capture images, video, or location data of wildlife
3360using heat or motion to trigger the device.]
3361 [(b)] (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Enrolled Copy H.B. 30
- 121 -
3362Act, the Wildlife Board shall make rules regulating the use of trail cameras.
3363 [(c)] (b) The division shall provide an annual report to the Natural Resources,
3364Agriculture, and Environment Interim Committee regarding rules made or changed in
3365accordance with this Subsection [(3)] (4).
3366 (c) A person who violates rules made by the Wildlife Board under this Subsection (4)
3367is subject to the penalty provided in Section 23A-5-301.
3368 Section 130. Section 23A-5-308, which is renumbered from Section 23-13-19 is
3369renumbered and amended to read:
3370 [23-13-19]. 23A-5-308. Administering substances to protected wildlife
3371prohibited -- Exceptions -- Criminal penalty.
3372 (1) For purposes of this section:
3373 (a) "Administer" means the application of a substance by any method, including:
3374 (i) injection;
3375 (ii) inhalation;
3376 (iii) ingestion; or
3377 (iv) absorption.
3378 (b) "Agricultural producer" means a person who produces an agricultural product.
3379 (c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
3380 (d) "Substance" means a chemical or organic substance that:
3381 (i) pacifies;
3382 (ii) sedates;
3383 (iii) immobilizes;
3384 (iv) harms;
3385 (v) kills;
3386 (vi) controls fertility; or
3387 (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
3388 (2) Except as authorized by Subsection [(3)] (4) or a rule made by the Wildlife Board
3389in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may H.B. 30 Enrolled Copy
- 122 -
3390not administer or attempt to administer a substance to protected wildlife.
3391 (3) A person who violates this section is subject to the penalty provided in Section
339223A-5-301.
3393 [(3)] (4) (a) A division employee or a person with written permission from the division
3394may administer a substance to protected wildlife if that employee or person administers the
3395substance to promote wildlife management and conservation.
3396 (b) One or more of the following may administer a substance to protected wildlife that
3397the person is authorized by this title, the Wildlife Board, or the division to possess:
3398 (i) a licensed veterinarian;
3399 (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
3400 (iii) a person who is following written instructions for veterinary care from a licensed
3401veterinarian.
3402 [(4) A] (5) Notwithstanding the other provisions of this section, a person is not liable
3403under this section for administering a substance, notwithstanding the substance has an effect
3404described in Subsection (1)(d) on protected wildlife, if:
3405 (a) an agricultural producer administers the substance:
3406 (i) for the sole purpose of producing an agricultural product and not for the purpose of
3407affecting protected wildlife in a manner described in Subsection (1)(d);
3408 (ii) consistent with generally accepted agricultural practices; and
3409 (iii) in compliance with applicable local, state, and federal law; or
3410 (b) the protected wildlife presents an immediate threat of death or serious bodily injury
3411to a person.
3412 Section 131. Section 23A-5-309, which is renumbered from Section 23-20-3 is
3413renumbered and amended to read:
3414 [23-20-3]. 23A-5-309. Taking, transporting, selling, or purchasing protected
3415wildlife illegal except as authorized -- Criminal penalty.
3416 (1) Except as provided in this title or a rule, proclamation, or order of the Wildlife
3417Board, a person may not: Enrolled Copy H.B. 30
- 123 -
3418 (a) take protected wildlife or [its] wildlife parts;
3419 (b) collect, import, possess, transport, propagate, store, donate, transfer, or export
3420protected wildlife or [its] wildlife parts;
3421 (c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or [its]
3422wildlife parts without having previously procured the necessary licenses, permits, tags, federal
3423stamps, certificates of registration, authorizations, and receipts required in this title or a rule,
3424proclamation, or order of the Wildlife Board;
3425 (d) take protected wildlife with [any] a weapon, ammunition, implement, tool, device,
3426or any part of any of these not specifically authorized in this title or a rule, proclamation, or
3427order of the Wildlife Board;
3428 (e) possess while in pursuit of protected wildlife [any] a weapon, ammunition,
3429implement, tool, device, or any part of any of these not specifically authorized in this title or a
3430rule, proclamation, or order of the Wildlife Board;
3431 (f) take protected wildlife using [any] a method, means, process, or practice not
3432specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
3433 (g) take protected wildlife outside the season dates, location boundaries, and daily time
3434frames established in rule, proclamation, or order of the Wildlife Board;
3435 (h) take protected wildlife in excess of the bag and possession limits established in
3436rule, proclamation, or order of the Wildlife Board;
3437 (i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
3438proclamation, or order of the Wildlife Board, or by executive order of the [division] director
3439pursuant to Subsection [23-14-8] 23A-2-203(4);
3440 (j) practice falconry or capture, possess, or use birds in falconry;
3441 (k) take [any] wildlife from an airplane or any other airborne vehicle or device or [any]
3442a motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational
3443vehicles;
3444 (l) hold in captivity at any time any live protected wildlife;
3445 (m) use or permit a dog or other domestic or trained animal to take protected wildlife; H.B. 30 Enrolled Copy
- 124 -
3446 (n) remove, damage, or destroy an occupied nest of protected wildlife;
3447 (o) release captured or captive wildlife into the wild;
3448 (p) use spotlighting to take protected wildlife;
3449 (q) employ or use a means of concealment or camouflage while taking protected
3450wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
3451 (r) possess or use bait or other attractant to take protected wildlife which is prohibited
3452in this title or a rule, proclamation, or order of the Wildlife Board;
3453 (s) use [any] a decoy or recorded or electronically amplified call which is prohibited in
3454this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
3455 (t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
3456eggs;
3457 (u) [utilize] use protected wildlife for commercial purposes or financial gain as
3458prohibited by Section 23A-5-304;
3459 (v) enter, establish, or hold a contest or tournament involving the taking of protected
3460wildlife;
3461 (w) operate or participate in a commercial hunting area as described in Section
3462[23-17-6] 23A-12-202; or
3463 (x) operate or participate in a cooperative wildlife management unit as defined in
3464Section [23-23-2] 23A-7-101.
3465 (2) Possession of protected wildlife without a valid license, permit, tag, certificate of
3466registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was
3467illegally taken and is illegally held in possession.
3468 (3) A person is [guilty of a class B misdemeanor] subject to the penalty under Section
346923A-5-301 if the person:
3470 (a) violates [any provision of] Subsection (1); and
3471 (b) does so with criminal negligence as defined in Subsection 76-2-103(4).
3472 Section 132. Section 23A-5-310, which is renumbered from Section 23-20-3.5 is
3473renumbered and amended to read: Enrolled Copy H.B. 30
- 125 -
3474 [23-20-3.5]. 23A-5-310. Taking protected wildlife while trespassing -- Criminal
3475penalty.
3476 (1) A person may not take or permit [his] the person's dog to take, while in violation of
3477Subsection [23-20-14] 23A-5-317(2):
3478 (a) protected wildlife or [their] protected wildlife parts;
3479 (b) an occupied nest of protected wildlife; or
3480 (c) an egg of protected wildlife.
3481 (2) A person [is guilty of a class B misdemeanor if he or she violates any provision of]
3482who violates Subsection (1) is subject to the penalty provided in Section 23A-5-301.
3483 Section 133. Section 23A-5-311, which is renumbered from Section 23-20-4 is
3484renumbered and amended to read:
3485 [23-20-4]. 23A-5-311. Wanton destruction of protected wildlife -- Criminal
3486penalty.
3487 (1) A person is guilty of wanton destruction of protected wildlife if that person:
3488 (a) commits an act in violation of [Section 23-13-4, 23-13-5, 23-13-13, 23-15-6
3489through 23-15-9, 23-16-5, or Subsection 23-20-3(1);]:
3490 (i) Section 23A-5-302;
3491 (ii) Section 23A-5-304;
3492 (iii) Sections 23A-9-302 through 23A-9-305;
3493 (iv) Section 23A-11-201; or
3494 (v) Subsection 23A-5-309(1);
3495 (b) captures, injures, or destroys protected wildlife; and
3496 (c) (i) does so with intentional, knowing, or reckless conduct as defined in Section
349776-2-103;
3498 (ii) intentionally abandons protected wildlife or a carcass;
3499 (iii) commits the offense at night with the use of a weapon;
3500 (iv) is under a court or division revocation of a license, tag, permit, or certificate of
3501registration; or H.B. 30 Enrolled Copy
- 126 -
3502 (v) acts for pecuniary gain.
3503 [(2) Subsection (1) does not apply to actions taken in accordance with:]
3504 [(a) Title 4, Chapter 14, Utah Pesticide Control Act;]
3505 [(b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or]
3506 [(c) Section 23-16-3.1.]
3507 [(3)] (2) [Wanton] A person who commits wanton destruction of wildlife is
3508[punishable] guilty of:
3509 (a) [as] a third degree felony if:
3510 (i) the aggregate value of the protected wildlife determined by the values in Subsection
3511[(4)] (3) is more than $500; or
3512 (ii) a trophy animal was captured, injured, or destroyed;
3513 (b) [as] a class A misdemeanor if the aggregate value of the protected wildlife,
3514determined by the values established in Subsection [(4)] (3) is more than $250, but does not
3515exceed $500; and
3516 (c) [as] a class B misdemeanor if the aggregate value of the protected wildlife
3517determined by the values established in Subsection [(4)] (3) is $250 or less.
3518 [(4)] (3) Regardless of the restitution amounts imposed under Subsection [23-20-4.5]
351923A-5-312(2), the following values are assigned to protected wildlife for the purpose of
3520determining the offense for wanton destruction of wildlife:
3521 (a) $1,000 per animal for:
3522 (i) bison;
3523 (ii) bighorn sheep;
3524 (iii) rocky mountain goat;
3525 (iv) moose;
3526 (v) bear;
3527 (vi) peregrine falcon;
3528 (vii) bald eagle; or
3529 (viii) endangered species; Enrolled Copy H.B. 30
- 127 -
3530 (b) $750 per animal for:
3531 (i) elk; or
3532 (ii) threatened species;
3533 (c) $500 per animal for:
3534 (i) cougar;
3535 (ii) golden eagle;
3536 (iii) river otter; or
3537 (iv) gila monster;
3538 (d) $400 per animal for:
3539 (i) pronghorn antelope; or
3540 (ii) deer;
3541 (e) $350 per animal for bobcat;
3542 (f) $100 per animal for:
3543 (i) swan;
3544 (ii) sandhill crane;
3545 (iii) turkey;
3546 (iv) pelican;
3547 (v) loon;
3548 (vi) egrets;
3549 (vii) herons;
3550 (viii) raptors, except those that are threatened or endangered;
3551 (ix) Utah milk snake; or
3552 (x) Utah mountain king snake;
3553 (g) $35 per animal for furbearers, except:
3554 (i) bobcat;
3555 (ii) river otter; and
3556 (iii) threatened or endangered species;
3557 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, H.B. 30 Enrolled Copy
- 128 -
3558largemouth bass, smallmouth bass, and wiper;
3559 (i) $15 per animal for game birds, except:
3560 (i) turkey;
3561 (ii) swan; and
3562 (iii) sandhill crane;
3563 (j) $10 per animal for game fish not listed in Subsection [(4)] (3)(h);
3564 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3565 (l) $5 per animal for protected wildlife not listed.
3566 [(5)] (4) For purposes of sentencing for a [wildlife] violation under this section, a
3567person who has been convicted of a third degree felony under Subsection [(3)] (2)(a) is not
3568subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8(4).
3569 [(6)] (5) As part of a sentence imposed, the court shall impose a sentence of
3570incarceration of not less than 20 consecutive days for a person convicted of a third degree
3571felony under Subsection [(3)] (2)(a)(ii) who captured, injured, or destroyed a trophy animal for
3572pecuniary gain.
3573 [(7)] (6) If a person has already been convicted of a third degree felony under
3574Subsection [(3)] (2)(a)(ii) once, each separate additional offense under Subsection [(3)]
3575(2)(a)(ii) is punishable by, as part of a sentence imposed, a sentence of incarceration of not less
3576than 20 consecutive days.
3577 [(8)] (7) The court may not sentence a person subject to Subsection [(6) or (7)] (5) or
3578(6) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence
3579unless the court finds mitigating circumstances justifying lesser punishment and makes that
3580finding a part of the court record.
3581 (8) Subsection (1) does not apply to actions taken in accordance with:
3582 (a) Title 4, Chapter 14, Utah Pesticide Control Act;
3583 (b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
3584 (c) Section 23A-8-403.
3585 Section 134. Section 23A-5-312, which is renumbered from Section 23-20-4.5 is Enrolled Copy H.B. 30
- 129 -
3586renumbered and amended to read:
3587 [23-20-4.5]. 23A-5-312. Restitution -- Disposition of money.
3588 (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
3589destruction of protected wildlife, other than a trophy animal, the court may order the defendant
3590to pay restitution:
3591 (a) as set forth in Subsection (2); or
3592 (b) in a greater or lesser amount than the amount established in Subsection (2).
3593 (2) Suggested minimum restitution values for protected wildlife are as follows:
3594 (a) $1,000 per animal for:
3595 (i) bison;
3596 (ii) bighorn sheep;
3597 (iii) rocky mountain goat;
3598 (iv) moose;
3599 (v) bear;
3600 (vi) peregrine falcon;
3601 (vii) bald eagle; or
3602 (viii) endangered species;
3603 (b) $750 per animal for:
3604 (i) elk; or
3605 (ii) threatened species;
3606 (c) $500 per animal for:
3607 (i) golden eagle;
3608 (ii) river otter; or
3609 (iii) gila monster;
3610 (d) $400 per animal for:
3611 (i) pronghorn antelope; or
3612 (ii) deer;
3613 (e) $350 per animal for: H.B. 30 Enrolled Copy
- 130 -
3614 (i) cougar; or
3615 (ii) bobcat;
3616 (f) $100 per animal for:
3617 (i) swan;
3618 (ii) sandhill crane;
3619 (iii) turkey;
3620 (iv) pelican;
3621 (v) loon;
3622 (vi) egrets;
3623 (vii) herons;
3624 (viii) raptors, except those that are threatened or endangered;
3625 (ix) Utah milk snake; or
3626 (x) Utah mountain king snake;
3627 (g) $35 per animal for furbearers, except:
3628 (i) bobcat;
3629 (ii) river otter; and
3630 (iii) threatened or endangered species;
3631 (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
3632largemouth bass, smallmouth bass, and wiper;
3633 (i) $15 per animal for game birds, except:
3634 (i) turkey;
3635 (ii) swan; and
3636 (iii) sandhill crane;
3637 (j) $10 per animal for game fish not listed in Subsection (2)(h);
3638 (k) $8 per pound dry weight of processed brine shrimp including eggs; and
3639 (l) $5 per animal for protected wildlife not listed.
3640 (3) If the court finds that restitution is inappropriate or if the value imposed is less than
3641the suggested minimum value as provided in Subsection (2), the court shall make the reasons Enrolled Copy H.B. 30
- 131 -
3642for the decision part of the court record.
3643 (4) (a) The court shall order a person convicted of a third degree felony under
3644Subsection [23-20-4(3)(a)(ii)] 23A-5-311(2)(a)(ii) to pay restitution in accordance with
3645Subsection (4)(b).
3646 (b) The minimum restitution value for a trophy animal is as follows:
3647 (i) $30,000 per animal for bighorn, desert, or rocky mountain sheep;
3648 (ii) $8,000 per animal for deer;
3649 (iii) $8,000 per animal for elk;
3650 (iv) $6,000 per animal for moose or mountain goat;
3651 (v) $6,000 per animal for bison; and
3652 (vi) $2,000 per animal for pronghorn antelope.
3653 (5) Restitution paid under Subsection (4) shall be remitted to the division and
3654deposited in the Wildlife Resources Account.
3655 (6) [Restitution money shall be used by the division] The division shall use restitution
3656money for activities and programs to help stop poaching, including:
3657 (a) educational programs on wildlife crime prevention;
3658 (b) acquisition and development of wildlife crime detection equipment;
3659 (c) operation and maintenance of anti-poaching projects; and
3660 (d) wildlife law enforcement training.
3661 (7) If restitution is required [it], restitution shall be in addition to:
3662 (a) a fine or penalty imposed for a violation of [any provision of] this title; and
3663 (b) a remedial action taken to revoke or suspend a person's license, permit, tag, or
3664certificate of registration.
3665 (8) A judgment imposed under this section constitutes a lien when recorded in the
3666judgment docket and shall have the same effect and is subject to the same rules as a judgment
3667for money in a civil action.
3668 Section 135. Section 23A-5-313, which is renumbered from Section 23-20-4.7 is
3669renumbered and amended to read: H.B. 30 Enrolled Copy
- 132 -
3670 [23-20-4.7]. 23A-5-313. Habitual wanton destruction of protected wildlife --
3671Criminal penalty.
3672 (1) As used in this section, "convicted" includes a guilty adjudication, guilty plea, no
3673contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title
367477, Chapter 2a, Pleas in Abeyance.
3675 [(1)] (2) A person [is guilty of] commits habitual wanton destruction of protected
3676wildlife if the person:
3677 (a) takes a big game animal in violation of Section [23-20-4] 23A-5-311; and
3678 (b) within seven years of the day on which the violation described in Subsection [(1)]
3679(2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section
3680[23-20-4] 23A-5-311.
3681 [(2) "Convicted," for purposes of this section, includes a guilty adjudication, guilty
3682plea, no contest plea, and guilty or no contest plea entered in a plea in abeyance agreement
3683under Title 77, Chapter 2a, Pleas in Abeyance.]
3684 (3) [Habitual] A person who commits habitual wanton destruction of protected wildlife
3685is guilty of a third degree felony.
3686 Section 136. Section 23A-5-314, which is renumbered from Section 23-20-8 is
3687renumbered and amended to read:
3688 [23-20-8]. 23A-5-314. Waste of wildlife unlawful -- Criminal penalty.
3689 (1) [Except] A person may not waste or permit to be wasted protected wildlife or a part
3690of protected wildlife except as otherwise provided:
3691 (a) in this title[, or];
3692 (b) by rule made by the Wildlife Board under this title[,] and in accordance with Title
369363G, Chapter 3, Utah Administrative Rulemaking Act; or
3694 (c) by an order or proclamation [issued in accordance with a rule made by the Wildlife
3695Board under this title, a person may not waste or permit to be wasted protected wildlife or a
3696part of protected wildlife].
3697 (2) A person who violates this section is subject to the penalty provided in Section Enrolled Copy H.B. 30
- 133 -
369823A-5-301.
3699 Section 137. Section 23A-5-315, which is renumbered from Section 23-20-12 is
3700renumbered and amended to read:
3701 [23-20-12]. 23A-5-315. Airplanes or terrestrial or aquatic vehicles -- Use in
3702taking wildlife unlawful -- Exceptions -- Criminal penalty.
3703 (1) [It is unlawful for any person to take any] A person may not take wildlife from an
3704airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle,
3705including snowmobiles and other recreational vehicles, except as provided by this [code] title
3706or in the rules [and regulations] made by of the Wildlife Board in accordance with Title 63G,
3707Chapter 3, Utah Administrative Rulemaking Act.
3708 (2) A person who violates this section is subject to the penalty provided in Section
370923A-5-301.
3710 [(2)] (3) Notwithstanding Subsection (1), the Wildlife Board may authorize an
3711individual validly licensed to hunt [may be authorized], to hunt from a vehicle under terms and
3712conditions specified by the Wildlife Board if the individual has:
3713 (a) paraplegia; or
3714 (b) a disability that permanently confines the individual to a wheelchair or the use of
3715crutches.
3716 Section 138. Section 23A-5-316, which is renumbered from Section 23-20-13 is
3717renumbered and amended to read:
3718 [23-20-13]. 23A-5-316. Signs or equipment -- Damage or destruction unlawful
3719-- Criminal penalty.
3720 (1) A person may not:
3721 [(1)] (a) shoot at, shoot, deface, damage, remove, or destroy [any division signs or
3722placards ] a division sign or placard located in [any part of] this state; or
3723 [(2)] (b) damage, destroy, remove, or cause to be damaged, destroyed, or removed
3724[any] equipment or devices owned, controlled, or operated by the [Division of Wildlife
3725Resources] division. H.B. 30 Enrolled Copy
- 134 -
3726 (2) A person who violates this section is subject to the penalty provided in Section
372723A-5-301.
3728 Section 139. Section 23A-5-317, which is renumbered from Section 23-20-14 is
3729renumbered and amended to read:
3730 [23-20-14]. 23A-5-317. Posted property -- Hunting by permission -- Entry on
3731private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable
3732to officers.
3733 (1) As used in this section:
3734 (a) "Cultivated land" means land that is readily identifiable as:
3735 (i) land whose soil is loosened or broken up for the raising of crops;
3736 (ii) land used for the raising of crops; or
3737 (iii) pasturage which is artificially irrigated.
3738 [(b) "Division" means the Division of Wildlife Resources.]
3739 [(c)] (b) "Permission" means written authorization from the owner or person in charge
3740to enter upon private land that is either cultivated or properly posted, and shall include:
3741 (i) the signature of the owner or person in charge;
3742 (ii) the name of the person being given permission;
3743 (iii) the appropriate dates; and
3744 (iv) a general description of the property.
3745 [(d)] (c) "Properly posted" means that signs prohibiting trespass or bright yellow,
3746bright orange, or fluorescent paint are clearly displayed:
3747 (i) at [all] the corners, fishing streams crossing property lines, roads, gates, and
3748rights-of-way entering the land; or
3749 (ii) in a manner that would reasonably be expected to be seen by a person in the area.
3750 (2) (a) While taking wildlife or engaging in wildlife related activities, a person may
3751not:
3752 (i) without permission, enter upon privately owned land that is cultivated or properly
3753posted; Enrolled Copy H.B. 30
- 135 -
3754 (ii) enter or remain on privately owned land if the person has notice to not enter or
3755remain on the privately owned land; or
3756 (iii) obstruct [any] an entrance or exit to private property.
3757 (b) A person has notice to not enter or remain on privately owned land if:
3758 (i) the person is directed to not enter or remain on the land by:
3759 (A) the owner of the land;
3760 (B) the owner's employee; or
3761 (C) a person with apparent authority to act for the owner; or
3762 (ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
3763would recognize as intended to exclude intruders.
3764 (c) The division shall provide "hunting by permission cards" to a landowner upon the
3765landowner's request.
3766 (d) A person may not post:
3767 (i) private property the person does not own or legally control; or
3768 (ii) land that is open to the public as provided by Section [23-21-4] 23A-6-402.
3769 (3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in
3770Section 23A-5-301 and liable for the civil damages described in Subsection (7).
3771 [(3)] (4) (a) A person convicted of violating Subsection (2)(a) may have the person's
3772license, tag, certificate of registration, or permit, relating to the activity engaged in at the time
3773of the violation, revoked by a hearing officer.
3774 (b) A hearing officer may construe [any] a subsequent conviction [which] that occurs
3775within a five-year period as a flagrant violation and may prohibit the person from obtaining a
3776new license, tag, certificate of registration, or permit for a period of up to five years.
3777 [(4)] (5) Subsection (2)(a) does not apply to peace or conservation officers in the
3778performance of their duties.
3779 [(5)] (6) (a) The division shall provide information regarding owners' rights and
3780[sportsmen's] duties:
3781 (i) to anyone holding [licenses, certificates of registration, tags, or permits] a license, H.B. 30 Enrolled Copy
- 136 -
3782certificate of registration, tag, or permit to take wildlife; and
3783 (ii) by using the public media and other sources.
3784 (b) The Wildlife Board shall state restrictions in this section relating to trespassing
3785[shall be stated in all] in the hunting and fishing proclamations issued by the Wildlife Board.
3786 [(6) A person who violates Subsection (2)(a) or (d) is guilty of a class B misdemeanor
3787and liable for the civil damages described in Subsection (7).]
3788 (7) In addition to an order for restitution under Section 77-38b-205, a person who
3789commits a violation of Subsection (2)(a) or (d) may also be liable for:
3790 (a) the greater of:
3791 [(a)] (i) statutory damages in the amount of three times the value of damages resulting
3792from the violation of Subsection (2)(a) or (d); or
3793 (ii) $500[, whichever is greater]; and
3794 (b) reasonable attorney fees not to exceed $250, and court costs.
3795 (8) Civil damages under Subsection (7) may be collected in a separate action by the
3796property owner or the property owner's assignee.
3797 Section 140. Section 23A-5-318, which is renumbered from Section 23-20-15 is
3798renumbered and amended to read:
3799 [23-20-15]. 23A-5-318. Destruction of signs or inclosure on private land
3800unlawful -- Criminal penalty.
3801 [It is unlawful for any person,]
3802 (1) A person may not, without the consent of the owner or person in charge of [any]
3803privately owned land[, to]:
3804 (a) tear down, mutilate, or destroy [any] a sign, signboard, or other notice [which] that
3805regulates trespassing for purposes of hunting, trapping, or fishing on this land; or [to, without
3806such consent,]
3807 (b) tear down, deface, or destroy [any]:
3808 (i) a fence or other inclosure on [this] the privately owned land[, or any]; or
3809 (ii) a gate or bars belonging to [any such] a fence or inclosure on the privately owned Enrolled Copy H.B. 30
- 137 -
3810land.
3811 (2) A person who violates this section is subject to the penalty provided in Section
381223A-5-301.
3813 Section 141. Section 23A-5-319, which is renumbered from Section 23-20-18 is
3814renumbered and amended to read:
3815 [23-20-18]. 23A-5-319. Interference with, intimidation, or harassment of officer
3816unlawful.
3817 [It is unlawful for any person to]
3818 (1) A person may not interfere with, intimidate, or harass a conservation officer or
3819special deputy in the lawful performance of [his] the conservation officer's or special deputy's
3820duty.
3821 (2) A person who violates this section is subject to the penalty provided in Section
382223A-5-301.
3823 Section 142. Section 23A-5-320, which is renumbered from Section 23-20-19 is
3824renumbered and amended to read:
3825 [23-20-19]. 23A-5-320. Failure to stop at roadblocks or checking stations
3826unlawful.
3827 [It is unlawful for any person to fail to stop at Division of Wildlife Resources road
3828blocks or checking stations where]
3829 (1) A person may not fail to stop at a division roadblock or checking station when a
3830stop sign or red or blue light is displayed.
3831 (2) A person who violates this section is subject to the penalty provided in Section
383223A-5-301.
3833 Section 143. Section 23A-5-321, which is renumbered from Section 23-20-29 is
3834renumbered and amended to read:
3835 [23-20-29]. 23A-5-321. Interference with hunting prohibited -- Action to
3836recover damages -- Exceptions -- Criminal penalty.
3837 (1) A person [is guilty of a class B misdemeanor who intentionally interferes] may not H.B. 30 Enrolled Copy
- 138 -
3838interfere with the right of a person licensed and legally hunting under Chapter [19] 4, Licenses,
3839Permits, Certificates of Registration, and Tags, to take wildlife by driving, harassing, or
3840intentionally disturbing [any] a species of wildlife for the purpose of disrupting a legal hunt,
3841trapping, or predator control.
3842 (2) A person who violates this section is subject to the penalty provided in Section
384323A-5-301.
3844 [(2)] (3) [Any] A directly affected person or the state may bring an action to recover
3845civil damages resulting from a violation of Subsection (1) or a restraining order to prevent a
3846potential violation of Subsection (1).
3847 [(3)] (4) This section does not apply to incidental interference with a hunt caused by
3848lawful activities including ranching, mining, and recreation.
3849 Section 144. Section 23A-5-322, which is renumbered from Section 23-20-29.5 is
3850renumbered and amended to read:
3851 [23-20-29.5]. 23A-5-322. Interference with hunters or hunting activity --
3852Criminal penalty.
3853 A person who intentionally interferes with a person who is licensed and taking wildlife
3854legally under [the provision of Title 23, Chapter 19] Chapter 4, Licenses, Permits, Certificates
3855of Registration, and Tags, or disrupts an activity involving a legal hunt, trapping, falconry, or
3856predator control may be charged with a violation under Section 76-9-102 if that interference or
3857disruption constitutes a violation under Section 76-9-102.
3858 Section 145. Section 23A-6-101, which is renumbered from Section 23-21-.5 is
3859renumbered and amended to read:
3860 CHAPTER 6. LANDS AND WATERS FOR WILDLIFE PURPOSES
3861 Part 1. General Provisions
3862 [23-21-.5]. 23A-6-101. Definitions.
3863 As used in this chapter:
3864 (1) (a) "General plan" means a document that a municipality or county adopts that sets
3865forth general guidelines for proposed future development of the land within the municipality or Enrolled Copy H.B. 30
- 139 -
3866county [and].
3867 (b) "General plan" includes what is commonly referred to as a "master plan."
3868 (2) "Management plan" means a document prepared in accordance with this chapter
3869that describes how one or more tracts of land owned or managed by the [Division of Wildlife
3870Resources] division are to be used.
3871 [(3) "Regional advisory council" means a council created pursuant to Section
387223-14-2.6.]
3873 [(4)] (3) "Wildlife management area" means:
3874 (a) a single tract of land owned or managed by the division; or
3875 (b) two or more tracts of land owned or managed by the division that are within close
3876proximity of each other and managed as a single unit.
3877 Section 146. Section 23A-6-201, which is renumbered from Section 23-21-1 is
3878renumbered and amended to read:
3879 Part 2. Acquisition
3880 [23-21-1]. 23A-6-201. Acquisition of lands, waters, and rights-of-way --
3881Authority of division.
3882 The [Division of Wildlife Resources shall have the power to] division may acquire
3883lands, waters, and rights-of-way by purchase, lease, agreement, gift, exchange, contribution, or
3884any other lawful means, for authorized activities of the [Division of Wildlife Resources]
3885division as outlined by this [code] title and the rules [and regulations of] made by the Wildlife
3886Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3887 Section 147. Section 23A-6-202, which is renumbered from Section 23-21-1.5 is
3888renumbered and amended to read:
3889 [23-21-1.5]. 23A-6-202. Acquisition of real property held in private ownership --
3890Published notice and governor's approval required.
3891 (1) The [Division of Wildlife Resources] division may not acquire title to real property
3892held in private ownership without first:
3893 (a) publishing a notice of the proposed acquisition: H.B. 30 Enrolled Copy
- 140 -
3894 (i) in a newspaper of general circulation in the county in which the property is located;
3895and
3896 (ii) as required in Section 45-1-101; and
3897 (b) obtaining the approval of the governor.
3898 (2) [The requirements of] Subsection (1) [apply] applies whether title to real property
3899held in private ownership is acquired through a purchase, donation, or other means.
3900 (3) In the case of a proposed purchase of private property, the [notice may be
3901published] division may publish notice after earnest money is paid.
3902 (4) The published notice shall inform the public regarding:
3903 (a) the proposed use of the [land] real property;
3904 (b) any conditions on the acquisition of the [land] real property placed by donors, the
3905federal government, sellers, or others specifying how the [land must] real property is to be
3906used;
3907 (c) any changes to existing land uses that are anticipated; and
3908 (d) the public comment submission process for comments on the proposed acquisition.
3909 (5) The governor shall:
3910 (a) submit a notification of the proposed acquisition to:
3911 (i) the county executive of the county in which the real property is located;
3912 (ii) the legislators of the legislative districts in which the [lands are] real property is
3913located; and
3914 (iii) the School and Institutional Trust Lands Administration; and
3915 (b) invite those notified to submit [any] comments on the proposed acquisition.
3916 (6) After considering comments on the proposed acquisition, the governor may:
3917 (a) approve the acquisition in whole or in part; or
3918 (b) disapprove the acquisition.
3919 Section 148. Section 23A-6-203, which is renumbered from Section 23-21-2 is
3920renumbered and amended to read:
3921 [23-21-2]. 23A-6-203. Payments in lieu of property taxes on property Enrolled Copy H.B. 30
- 141 -
3922purchased by division.
3923 [Prior to] (1) Before the purchase of [any] real property held in private ownership, the
3924[Division of Wildlife Resources] division shall:
3925 (a) first submit the proposition to the county legislative body in a regular open public
3926meeting in the county where the real property is located; and [shall]
3927 (b) by contractual agreement with the county legislative body, approved by the
3928executive director [of the Department of Natural Resources], agree to pay an amount of money
3929in lieu of property taxes to the county.
3930 (2) The division shall, by contractual agreement with the county legislative body in
3931which [any] real property previously acquired from private ownership and now owned by the
3932division is located, agree to pay annually an amount of money in lieu of wildlife resource fine
3933money, previously paid to the county. [Payments]
3934 (3) A payment provided for in this section [will] may not:
3935 (a) exceed what the regularly assessed real property taxes would be if the [land] real
3936property had remained in private ownership; and [these payments may not]
3937 (b) include [any] an amount for buildings, installations, fixtures, improvements or
3938personal property located upon the [land] real property or for those acquired, constructed, or
3939placed by the division after [it] the division acquires the [land] real property.
3940 Section 149. Section 23A-6-204, which is renumbered from Section 23-21-6 is
3941renumbered and amended to read:
3942 [23-21-6]. 23A-6-204. Acquisition of lands by United States for migratory bird
3943refuges.
3944 (1) (a) The [consent of the state of Utah is given] state consents to acquisition by the
3945United States of [such] the areas of land or water in the state, as the United States may [deem]
3946consider necessary, by and with the consent of the county legislative body of the county where
3947the land or water are located and after approval of application, subject to the laws of the state
3948[of Utah] for water rights, for the establishment and maintenance of migratory waterfowl
3949refuges in accordance with and for the purpose of the [Act of Congress approved February 18, H.B. 30 Enrolled Copy
- 142 -
39501929, entitled "]Migratory Bird Conservation Act["], 16 U.S.C. Sec. 715 to 715s, as amended,
3951and [the Act of Congress approved March 16, 1935, entitled "]Migratory Bird Hunting Stamp
3952Act,["] 16 U.S.C. Sec. 718a to 718k, as amended[; and the same may be used by the United
3953States].
3954 (b) The United States may use the land or water described in this Subsection (1) as
3955refuge for migratory birds, reserving[, however,] to the state [of Utah] jurisdiction, both civil
3956and criminal, of persons upon the areas [so] acquired except so far as the punishment of
3957offenses against the United States are concerned.
3958 (2) (a) [Nothing in this section shall be] This section may not be construed to impose
3959[under] upon the state or [any] an agency of [it any] the state an obligation to convey to the
3960United States any interest in land or water owned or controlled by the state, except upon
3961appropriate terms and for adequate consideration.
3962 (b) The reservation to the state of coal and other minerals in lands sold by [it] the state
3963within areas so established and easements retained by the state to prospect for, mine, and
3964remove the same are declared to be subject to rules and regulations prescribed from time to
3965time by the Secretary of the Interior for the occupation, use, operation, protection, and
3966administration of these areas as refuges for migratory birds.
3967 Section 150. Section 23A-6-301, which is renumbered from Section 23-21-2.1 is
3968renumbered and amended to read:
3969 Part 3. Management Plans
3970 [23-21-2.1]. 23A-6-301. Management plans.
3971 (1) The division shall prepare a management plan for each wildlife management area.
3972Upon adoption of a management plan by the [division] director, the division shall manage the
3973lands [shall be managed] within the wildlife management area in accordance with the
3974management plan.
3975 (2) [Each] A management plan shall include:
3976 (a) a statement of the proposed or anticipated uses;
3977 (b) a description of [any] management limitations or conditions covering the wildlife Enrolled Copy H.B. 30
- 143 -
3978management area;
3979 (c) an inventory of the existing conditions;
3980 (d) a statement of the desired future condition of the wildlife management area;
3981 (e) a list of strategies that may be implemented to achieve the desired future condition;
3982and
3983 (f) a description of any reallocation of forage, water, or other resource appurtenant to
3984the land within the wildlife management area.
3985 Section 151. Section 23A-6-302, which is renumbered from Section 23-21-2.2 is
3986renumbered and amended to read:
3987 [23-21-2.2]. 23A-6-302. Preparation of management plans -- Participation by
3988interested persons and local and tribal governments -- Compatibility with local
3989government plans and existing rights.
3990 (1) The division shall invite persons who may have an interest in how the land in a
3991wildlife management area is managed to participate in the management planning process.
3992 (2) Those persons may include:
3993 (a) persons who use, or may use, the land in a wildlife management area for:
3994 (i) agriculture, mining, or other commercial pursuits;
3995 (ii) hunting or fishing;
3996 (iii) recreation; or
3997 (iv) other uses;
3998 (b) adjacent or nearby landowners or residents; or
3999 (c) other interested parties.
4000 (3) The division shall invite local government officials to participate in the
4001management planning process.
4002 (4) In preparing a management plan, the division shall seek to make land uses
4003compatible with:
4004 (a) local government general plans and zoning and land use ordinances; and
4005 (b) existing rights of others within the wildlife management area. H.B. 30 Enrolled Copy
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4006 (5) (a) If the land in a wildlife management area is located within or adjacent to tribal
4007lands, the division shall invite tribal government officials to participate in the management
4008planning process.
4009 (b) Participation by tribal officials in the development of management plans for lands
4010owned by the division does not waive the tribe's sovereignty.
4011 Section 152. Section 23A-6-303, which is renumbered from Section 23-21-2.3 is
4012renumbered and amended to read:
4013 [23-21-2.3]. 23A-6-303. Review and adoption of management plans.
4014 (1) The division shall submit [the] a draft management plan to the Resource
4015Development Coordinating Committee created in Section 63L-11-401 and the Habitat Council
4016created by the division for their review and recommendations.
4017 (2) The division shall submit [the] a draft management plan and any recommendations
4018received from the Resource Development Coordinating Committee and the Habitat Council to:
4019 (a) the regional advisory council for the wildlife region in which the lands covered by
4020the management plan are located; and
4021 (b) the regional advisory council for [any] a wildlife region that may be affected by the
4022management plan.
4023 (3) [Each] A regional advisory council reviewing [the] a draft management plan may
4024make recommendations to the [division] director.
4025 (4) The [division director has authority to] director may adopt the management plan,
4026adopt the management plan with amendments, or reject the management plan.
4027 (5) (a) At the request of the [division] director or [any] a member of the Wildlife
4028Board, the Wildlife Board may review a management plan to determine whether the plan is
4029consistent with [board] Wildlife Board policies.
4030 [(6)] (b) The [division] director may amend a management plan in accordance with
4031recommendations made by the Wildlife Board.
4032 Section 153. Section 23A-6-304, which is renumbered from Section 23-21-2.4 is
4033renumbered and amended to read: Enrolled Copy H.B. 30
- 145 -
4034 [23-21-2.4]. 23A-6-304. Procedure to revise a management plan.
4035 (1) [Any] A person seeking a revision of a management plan may request the regional
4036advisory council in the region where the land in a wildlife management area is located to
4037consider the proposal to revise the management plan. The regional advisory council shall
4038consider the proposal and advise the division.
4039 (2) The process specified in Sections [23-21-2.2 and 23-21-2.3] 23A-6-302 and
404023A-6-303 shall be used to revise a management plan.
4041 Section 154. Section 23A-6-305, which is renumbered from Section 23-21-2.5 is
4042renumbered and amended to read:
4043 [23-21-2.5]. 23A-6-305. Change in land use where a management plan is not in
4044effect -- Notification to affected persons -- Compatibility with local government plans.
4045 (1) If a management plan has not been adopted by the [division] director for a tract of
4046land owned by the division, the division may not change [any] an existing right to use the land
4047until the division notifies those who may be affected by the change and local government
4048officials.
4049 (2) When changing [any] an existing right to use the land, the division shall seek to
4050make uses of division-owned land compatible with local government general plans and zoning
4051and land use ordinances.
4052 Section 155. Section 23A-6-401, which is renumbered from Section 23-21-2.6 is
4053renumbered and amended to read:
4054 Part 4. Use of Land
4055 [23-21-2.6]. 23A-6-401. Target shooting prohibitions.
4056 (1) As used in this section:
4057 (a) "County sheriff" means the individual holding the office of county sheriff in the
4058portion of a wildlife management area where target shooting will be, or is, prohibited under this
4059section.
4060 [(b) "Director" means the director of the Division of Wildlife Resources.]
4061 [(c)] (b) "Extremely hazardous" means categorized as "extreme" under a nationally H.B. 30 Enrolled Copy
- 146 -
4062recognized standard for rating fire danger.
4063 (2) Subject to Subsections (3) and (4), the division may prohibit the use of firearms for
4064target shooting within all or part of a wildlife management area if the director finds, and the
4065county sheriff agrees, that conditions in that portion of the wildlife management area are
4066extremely hazardous.
4067 (3) A prohibition under this section:
4068 (a) shall undergo a formal review by the director and the county sheriff every 14 days;
4069 (b) may not prohibit an individual from legally possessing a firearm or lawfully
4070participating in a hunt; and
4071 (c) may only remain in place for as long as extremely hazardous conditions exist in the
4072area that is subject to the prohibition.
4073 (4) The director and the county sheriff shall:
4074 (a) via a written document, agree to the terms of a prohibition under this section,
4075including:
4076 (i) the exact area where target shooting is prohibited; and
4077 (ii) the date when the prohibition becomes effective; and
4078 (b) comply with Subsection (4)(a) at each formal review under Subsection (3)(a).
4079 Section 156. Section 23A-6-402, which is renumbered from Section 23-21-4 is
4080renumbered and amended to read:
4081 [23-21-4]. 23A-6-402. Right of access to lands for hunting, trapping, or fishing
4082reserved to public -- Exception.
4083 (1) Except as provided in Section 65A-2-5, there is reserved to the public the right of
4084access to [all] lands owned by the state, including those lands lying below the official
4085government meander line or high water line of navigable waters, for the purpose of hunting,
4086trapping, or fishing.
4087 (2) When [any] a department or agency of the state leases or sells [any lands] land
4088belonging to the state [of Utah] lying below the official government meander line or the high
4089water line of the navigable waters within the state, the lease, contract of sale, or deed shall Enrolled Copy H.B. 30
- 147 -
4090contain a provision that:
4091 (a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing
4092during the lawful season, except as provided by Section 65A-2-5; and
4093 (b) [no charge may be made by] the lessee, contractee, or grantee [to] may not charge
4094[any] a person who desires to go upon the land for the purpose of hunting, trapping, or fishing.
4095 (3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or
4096fishing as provided in this title for other lands and waters.
4097 Section 157. Section 23A-6-403, which is renumbered from Section 23-21-5 is
4098renumbered and amended to read:
4099 [23-21-5]. 23A-6-403. State-owned lands authorized for use as wildlife
4100management areas, fishing waters, and for other recreational activities.
4101 (1) The Wildlife Board [is authorized to] may use any and all unsurveyed state-owned
4102lands below the 1855 meander line of the Great Salt Lake within the following townships for
4103the creation, operation, maintenance and management of wildlife management areas, fishing
4104waters and other recreational activities:
4105 Township 2 South, Range 5 West, S.L.B. and M.; Township 2 South, Range 4 West,
4106S.L.B. and M.; Township 1 South, Range 5 West, S.L.B. and M.; Township 1 South, Range 4
4107West, S.L.B. and M.; Township 1 South, Range 3 West, S.L.B. and M.; Township 1 North,
4108Range 3 West, S.L.B. and M.; Township 1 North, Range 2 West, S.L.B. and M.; Township 2
4109North, Range 3 West, S.L.B. and M.; Township 2 North, Range 2 West, S.L.B. and M.;
4110Township 2 North, Range 1 West, S.L.B. and M.; Township 3 North, Range 3 West, S.L.B.
4111and M.; Township 3 North, Range 2 West, S.L.B. and M.; Township 3 North, Range 1 West,
4112S.L.B. and M.; Township 4 North, Range 3 West, S.L.B. and M.; Township 4 North, Range 2
4113West, S.L.B. and M.; Sections 1, 2, 11, 12, 13, 14, 23, and 24, Township 4 North, Range 4
4114West, S.L.B. and M.; Township 5 North, Range 3 West, S.L.B. and M.; Township 5 North,
4115Range 4 West, S.L.B. and M.; Sections 1, 2, 3, 4, 11, and 12, Township 5 North, Range 5
4116West, S.L.B. and M.; Township 6 North, Range 5 West, S.L.B. and M.; Township 6 North,
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
- 148 -
4118North, Range 5 West, S.L.B. and M.; Township 7 North, Range 4 West, S.L.B. and M.;
4119Township 7 North, Range 3 West, S.L.B. and M.; Township 7 North, Range 2 West, S.L.B.
4120and M.; Township 8 North, Range 5 West, S.L.B. and M.; Township 8 North, Range 4 West,
4121S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Township 8 North, Range 2
4122West, S.L.B. and M.; Township 9 North, Range 5 West, S.L.B. and M.; Township 9 North,
4123Range 4 West, S.L.B. and M.; Township 11 North, Range 11 West, S.L.B. and M.; Township
412411 North, Range 10 West, S.L.B. and M.; Township 11 North, Range 9 West, S.L.B. and M.;
4125Township 11 North, Range 8 West, S.L.B. and M.; North 1/2 of Township 10 North, Range 10
4126West, S.L.B. and M.; North 1/2 of Township 10 North, Range 9 West, S.L.B. and M.; North
41271/2 of Township 10 North, Range 8 West, S.L.B. and M.
4128 (2) (a) The Wildlife Board shall establish a wildlife management area known as the
4129"Willard Spur Waterfowl Management Area" on the unsurveyed state-owned lands below the
41301855 meander line of the Great Salt Lake in Sections 26, 35, 36 of Township 8 North, Range 4
4131West, S.L.B. and M.; Township 8 North, Range 3 West, S.L.B. and M.; Sections 1, 2, 11, 12 of
4132Township 7 North, Range 4 West, S.L.B. and M.; Township 7 North, Range 3 West, S.L.B.
4133and M.; Sections 20, 21, 29, 30, 31 of Township 8 North, Range 2 West, S.L.B. and M.[;
4134excepting], except for the following:
4135 (i) lands within the May 14, 2019, boundaries of the Bear River Migratory Bird
4136Refuge;
4137 (ii) lands within the May 14, 2019, boundaries of Harold Crane Waterfowl
4138Management Area;
4139 (iii) lands within the May 14, 2019, boundaries of Willard Bay Reservoir; and
4140 (iv) lands within the May 14, 2019, boundaries of state mineral leases.
4141 (b) The division shall execute a memorandum of understanding with the Division of
4142Forestry, Fire, and State Lands recognizing the division's use of the state-owned lands
4143described in Subsection (2)(a) as a wildlife management area.
4144 (c) The division shall manage the state-owned lands described in Subsection (2)(a) as a
4145wildlife management area and consistent with: Enrolled Copy H.B. 30
- 149 -
4146 (i) the beneficial purposes identified in Subsection (2)(d); and
4147 (ii) a management plan created consistent with the procedures in this chapter for a
4148management plan.
4149 (d) The division shall manage the Willard Spur Waterfowl Management Area for the
4150following beneficial purposes:
4151 (i) propagating and sustaining waterfowl, upland gamebirds, desirable mammals,
4152shorebirds, and other migratory and nonmigratory birds that use the Great Salt Lake ecosystem
4153and the Great Salt Lake ecosystem's surrounding wetlands;
4154 (ii) preserving and enhancing the natural function, vegetation, and water flows under
4155existing or acquired water rights to provide productive habitat for the species listed in
4156Subsection (2)(d)(i);
4157 (iii) providing recreational opportunity for traditional marsh-related activities,
4158including hunting, fishing, trapping, and wildlife viewing; and
4159 (iv) providing public access in the management area for purposes of hunting, fishing,
4160trapping, and wildlife viewing, including access with airboats and other small watercraft.
4161 (e) The division shall provide the habitat, recreational opportunities, and public access
4162described in Subsection (2)(d) without construction or use of an impounding dike, impounding
4163levee, or other impounding structure.
4164 (f) Notwithstanding the purposes identified in Subsection (2)(d), the division may not
4165prohibit year-round public airboat and small watercraft access in the management area except
4166in selected areas during limited periods of time to protect habitat, nesting birds, or vulnerable
4167wildlife.
4168 Section 158. Section 23A-6-404, which is renumbered from Section 23-21-7 is
4169renumbered and amended to read:
4170 [23-21-7]. 23A-6-404. Unlawful uses and activities on division lands.
4171 (1) Except as authorized by statute, rule, contractual agreement, special use permit,
4172certificate of registration, or public notice, a person may not on division land:
4173 (a) remove, extract, use, consume, or destroy [any] an improvement or cultural or H.B. 30 Enrolled Copy
- 150 -
4174historic resource;
4175 (b) remove, extract, use, consume, or destroy [any] sand, gravel, cinder, ornamental
4176rock, or other common mineral resource, or vegetation resource, except a person may collect
4177for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on
4178the surface of the ground;
4179 (c) allow livestock to graze;
4180 (d) remove [any] a plant or portion of a plant for commercial gain purposes;
4181 (e) enter, use, or occupy division land that is posted against entry, use, or occupancy;
4182 (f) enter, use, or occupy division land as part of a group of more than 25 people, except
4183a group may include up to 50 persons if the group consists of extended family members;
4184 (g) enter, use, or occupy division land while engaged in or part of an organized event;
4185 (h) use, occupy, destroy, move, or construct [any] a structure, including [fences, water
4186control devices, roads, survey and section markers, or signs] a fence, water control device,
4187road, survey and section marker, or sign;
4188 (i) prohibit, prevent, or obstruct public entry on division lands when public entry is
4189authorized by the division;
4190 (j) attempt to manage or control division lands in a manner inconsistent with division
4191management plans, rules, or policies;
4192 (k) solicit, promote, negotiate, barter, sell, or trade [any] a product or service on, or
4193obtained from, division lands for commercial gain;
4194 (l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the
4195area is posted for a different duration;
4196 (m) light a fire without taking adequate precaution to prevent spreading of the fire or
4197leave a fire unattended;
4198 [(n) use fireworks, explosives, poisons, herbicides, insecticides, or pesticides;]
4199 (n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;
4200 (o) use a motorized [vehicles] vehicle of any kind except as authorized by declaration,
4201management plan, or posting; or Enrolled Copy H.B. 30
- 151 -
4202 (p) use division lands for [any] a purpose that violates applicable land use restrictions
4203imposed by statute, rule, or by the division.
4204 (2) A person [or entity which] who unlawfully uses division lands is liable for damages
4205in the amount of:
4206 (a) the value of the resource removed, destroyed, or extracted;
4207 (b) the amount of damage caused; and
4208 (c) whichever is greater of:
4209 (i) the value of [any] losses or expenses caused as a result of interference with
4210authorized activities; or
4211 (ii) the consideration which would have been charged by the division for use of the
4212land during the period of trespass.
4213 (3) This section does not apply to division employees or division volunteers while
4214acting in the lawful performance of [their] the employees' or volunteers' duties.
4215 (4) Except as otherwise provided by statute, the criminal penalty for a violation of [any
4216provision of] this section is prescribed in Section [23-13-11] 23A-5-301.
4217 Section 159. Section 23A-7-101, which is renumbered from Section 23-23-2 is
4218renumbered and amended to read:
4219 CHAPTER 7. COOPERATIVE WILDLIFE MANAGEMENT UNITS
4220 Part 1. General Provisions
4221 [23-23-2]. 23A-7-101. Definitions.
4222 As used in this chapter:
4223 (1) "Cooperative wildlife management unit" [or "unit"] means a generally contiguous
4224area of land that is:
4225 (a) open for hunting small game, waterfowl, cougar, turkey, or big game [which is];
4226and
4227 (b) registered in accordance with this chapter and rules of the Wildlife Board.
4228 (2) [(a)] "Cooperative wildlife management unit agent" means a person appointed by a
4229landowner, landowner association, or landowner association operator to perform the functions H.B. 30 Enrolled Copy
- 152 -
4230described in Section [23-23-9] 23A-7-207.
4231 [(b) For purposes of this chapter, a cooperative wildlife management unit agent may
4232not:]
4233 [(i) be appointed by the division or the state;]
4234 [(ii) be an employee or agent of the division;]
4235 [(iii) receive compensation from the division or the state to act as a cooperative
4236wildlife management unit agent; or]
4237 [(iv) act as a peace officer or perform any duties of a peace officer without qualifying
4238as a peace officer under Title 53, Chapter 13, Peace Officer Classifications.]
4239 (3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
4240or other identifying document authorizing the possessor to hunt small game or waterfowl in a
4241cooperative wildlife management unit.
4242 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
4243possessor to hunt cougar, turkey, or big game in a cooperative wildlife management unit.
4244 [(5) "Division" means the Division of Wildlife Resources.]
4245 [(6)] (5) "Landowner association" means a landowner or an organization of owners of
4246private lands who operates a cooperative wildlife management unit.
4247 [(7) (a)] (6) "Landowner association operator" means a person designated by a
4248landowner association to operate the cooperative wildlife management unit.
4249 [(b) For purposes of this chapter, a landowner association operator may not:]
4250 [(i) be appointed by the division; or]
4251 [(ii) be an employee or agent of the division.]
4252 Section 160. Section 23A-7-102, which is renumbered from Section 23-23-3 is
4253renumbered and amended to read:
4254 [23-23-3]. 23A-7-102. Rulemaking authority of Wildlife Board.
4255 The Wildlife Board [is authorized to] may make and enforce rules applicable to
4256cooperative wildlife management units organized for the hunting of small game, waterfowl,
4257cougar, turkey, or big game that in [its] the Wildlife Board's judgment are necessary to Enrolled Copy H.B. 30
- 153 -
4258administer and enforce [the provisions of] this chapter.
4259 Section 161. Section 23A-7-103, which is renumbered from Section 23-23-1 is
4260renumbered and amended to read:
4261 [23-23-1]. 23A-7-103. Purposes of wildlife management units.
4262 [Cooperative] A cooperative wildlife management [units are] unit is established to:
4263 (1) provide income to landowners;
4264 (2) create satisfying hunting opportunities;
4265 (3) increase wildlife resources;
4266 (4) provide adequate protection to landowners who open their lands for hunting; and
4267 (5) provide access to public and private lands for hunting.
4268 Section 162. Section 23A-7-201, which is renumbered from Section 23-23-4 is
4269renumbered and amended to read:
4270 Part 2. Requirements
4271 [23-23-4]. 23A-7-201. Operation by landowner association.
4272 (1) A landowner association shall operate a cooperative wildlife management unit as
4273prescribed by this chapter and the rules of the Wildlife Board.
4274 (2) For purposes of this chapter, a landowner association operator may not:
4275 (a) be appointed by the division; or
4276 (b) be an employee or agent of the division.
4277 Section 163. Section 23A-7-202, which is renumbered from Section 23-23-5 is
4278renumbered and amended to read:
4279 [23-23-5]. 23A-7-202. Certificate of registration -- Renewal.
4280 (1) A landowner association may not establish or operate a cooperative wildlife
4281management unit without first obtaining a certificate of registration from the Wildlife Board.
4282 (2) The Wildlife Board may renew annually certificates of registration if the landowner
4283association has previously complied with this chapter and the rules of the Wildlife Board made
4284in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4285 Section 164. Section 23A-7-203, which is renumbered from Section 23-23-6 is H.B. 30 Enrolled Copy
- 154 -
4286renumbered and amended to read:
4287 [23-23-6]. 23A-7-203. Season dates -- Boundaries -- Review by councils and
4288Wildlife Board.
4289 (1) The Wildlife Board shall establish season dates and boundaries for each
4290cooperative wildlife management unit.
4291 (2) Season dates may differ from general statewide season dates.
4292 (3) At least every five years, the relevant regional advisory council and Wildlife Board
4293shall review a cooperative wildlife management [units] unit containing public land [will be
4294reviewed by the regional advisory councils and the Wildlife Board].
4295 Section 165. Section 23A-7-204, which is renumbered from Section 23-23-7 is
4296renumbered and amended to read:
4297 [23-23-7]. 23A-7-204. Permits -- Acreage and lands that may be included --
4298Posting of boundaries.
4299 (1) The division shall provide cooperative wildlife management unit authorizations for
4300hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
4301 (2) At least 50% of the cooperative wildlife management unit authorizations for
4302hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
4303offered for sale to the general public at the times and places designated on the application for a
4304certificate of registration.
4305 (3) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4306hunting small game or waterfowl shall consist of private land.
4307 (b) At least 75% of the acreage within the boundaries of [each] a cooperative wildlife
4308management unit organized for the hunting of small game or waterfowl shall be open to
4309hunting by holders of valid authorizations.
4310 (4) (a) The division may issue cooperative wildlife management unit permits for
4311hunting cougar, turkey, or big game to permittees:
4312 (i) qualifying through a public drawing; or
4313 (ii) named by the cooperative wildlife management unit operator. Enrolled Copy H.B. 30
- 155 -
4314 (b) The Wildlife Board may specify by rule, made in accordance with Title 63G,
4315Chapter 3, Utah Administrative Rulemaking Act, those persons who are eligible to draw a
4316cooperative wildlife management unit permit in a public drawing.
4317 (5) (a) [Cooperative] A cooperative wildlife management [units] unit organized for
4318hunting cougar, turkey, or big game shall consist of private land to the extent practicable.
4319Public land may be included within a cooperative wildlife management unit if:
4320 (i) the public land is completely surrounded by private land or is otherwise inaccessible
4321to the general public;
4322 (ii) including public land is necessary to establish a readily identifiable boundary; or
4323 (iii) including public land is necessary to achieve cougar, turkey, or big game
4324management objectives.
4325 (b) If [any] public land is included within a cooperative wildlife management unit:
4326 (i) the landowner association shall meet applicable federal or state land use
4327requirements on the public land; and
4328 (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
4329made available to the general public to reflect the proportion of public lands to private lands
4330within the cooperative wildlife management unit.
4331 (6) [Each] A landowner association shall:
4332 (a) clearly post [all] the boundaries of the cooperative wildlife management unit by
4333displaying signs containing information prescribed by rule of the Wildlife Board at the
4334locations specified in Subsection [23-20-14(1)(d)] 23A-5-317(1)(c); and
4335 (b) provide a written copy of [its] the landowner association's guidelines to each holder
4336of an authorization or permit.
4337 Section 166. Section 23A-7-205, which is renumbered from Section 23-23-7.5 is
4338renumbered and amended to read:
4339 [23-23-7.5]. 23A-7-205. Landowner association to provide comparable hunting
4340opportunities.
4341 A landowner association shall provide [each] a holder of an authorization or permit a H.B. 30 Enrolled Copy
- 156 -
4342comparable hunting opportunity in terms of hunting area and number of days.
4343 Section 167. Section 23A-7-206, which is renumbered from Section 23-23-8 is
4344renumbered and amended to read:
4345 [23-23-8]. 23A-7-206. Compensation for damage -- Claims.
4346 (1) A landowner participating in a cooperative wildlife management unit who incurs
4347damages caused by a hunter on [his or her] the landowner's land may submit a claim and
4348receive compensation for the claim from money received for cooperative wildlife management
4349unit authorization or permit fees collected by the landowner association.
4350 [(1) These claims shall:]
4351 (2) The claims under Subsection (1) shall:
4352 (a) be paid first and have priority over all other obligations of the landowner
4353association;
4354 (b) be reviewed, investigated, and paid by the landowner association; and
4355 (c) not exceed annual revenues of a cooperative wildlife management unit.
4356 [(2)] (3) A landowner participating in a cooperative wildlife management unit who
4357incurs damages caused by a hunter on [his or her] the landowner's land may not hold the state
4358liable for compensation.
4359 Section 168. Section 23A-7-207, which is renumbered from Section 23-23-9 is
4360renumbered and amended to read:
4361 [23-23-9]. 23A-7-207. Agents -- Appointment -- Identification -- Refusal of
4362entry by agent.
4363 (1) A landowner association may appoint one or more cooperative wildlife
4364management unit agents to protect private property of the cooperative wildlife management
4365unit.
4366 (2) [Each] A cooperative wildlife management unit agent shall wear or have in [his or
4367her] the cooperative wildlife management unit agent's possession a form of identification
4368prescribed by the Wildlife Board [which] that indicates [he or she] that the individual is a
4369cooperative wildlife management unit agent. Enrolled Copy H.B. 30
- 157 -
4370 (3) A cooperative wildlife management unit agent may refuse entry into private lands
4371within a cooperative wildlife management unit to any person, except an owner of land within
4372the cooperative wildlife management unit and [his or her] the landowner's employees, who:
4373 (a) does not have in [his or her] the person's possession a cooperative wildlife
4374management unit authorization or permit;
4375 (b) endangers or has endangered human safety;
4376 (c) damages or has damaged private property within a cooperative wildlife
4377management unit; or
4378 (d) fails or has failed to comply with reasonable rules of a landowner association.
4379 (4) In performing the functions described in this section, a cooperative wildlife
4380management unit agent shall comply with the relevant laws of this state.
4381 (5) For purposes of this chapter, a cooperative wildlife management unit agent may
4382not:
4383 (a) be appointed by the division or the state;
4384 (b) be an employee or agent of the division;
4385 (c) receive compensation from the division or the state to act as a cooperative wildlife
4386management unit agent; or
4387 (d) act as a peace officer or perform the duties of a peace officer without qualifying as
4388a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
4389 Section 169. Section 23A-7-208, which is renumbered from Section 23-23-10 is
4390renumbered and amended to read:
4391 [23-23-10]. 23A-7-208. Possession of permits and licenses by hunter --
4392Restrictions.
4393 (1) A person may not hunt in a cooperative wildlife management unit without having in
4394[his or her] the person's possession:
4395 (a) a valid cooperative wildlife management unit authorization or permit or other
4396permit as authorized by the [wildlife board] Wildlife Board; and
4397 (b) the necessary hunting licenses[, tags, and stamps] and tags. H.B. 30 Enrolled Copy
- 158 -
4398 (2) A cooperative wildlife management unit authorization or permit:
4399 (a) entitles the holder to hunt only in the cooperative wildlife management unit
4400specified on the authorization or permit pursuant to rules and proclamations of the Wildlife
4401Board and does not entitle the holder to hunt on any other private or public land; and
4402 (b) constitutes written permission for trespass as required under Section [23-20-14]
440323A-5-317.
4404 Section 170. Section 23A-7-209, which is renumbered from Section 23-23-11 is
4405renumbered and amended to read:
4406 [23-23-11]. 23A-7-209. Failure to comply with rules and requirements.
4407 A person shall leave private property within a cooperative wildlife management unit
4408immediately, upon request of a landowner, landowner association operator, or cooperative
4409wildlife management unit agent, if that person:
4410 (1) does not have in that person's possession a cooperative wildlife management unit
4411authorization or permit;
4412 (2) endangers or has endangered human safety;
4413 (3) damages or has damaged private property within a cooperative wildlife
4414management unit; or
4415 (4) fails or has failed to comply with reasonable rules of a landowner association.
4416 Section 171. Section 23A-7-210, which is renumbered from Section 23-23-12 is
4417renumbered and amended to read:
4418 [23-23-12]. 23A-7-210. Damage or destruction of property.
4419 A person on the land of another person may not intentionally damage, disarrange, or
4420destroy that person's property.
4421 Section 172. Section 23A-7-211, which is renumbered from Section 23-23-13 is
4422renumbered and amended to read:
4423 [23-23-13]. 23A-7-211. Violation of chapter -- Class B misdemeanor.
4424 Any person who violates [any provision of] this chapter is guilty of a class B
4425misdemeanor, unless another penalty is provided elsewhere in the laws of this state. Enrolled Copy H.B. 30
- 159 -
4426 Section 173. Section 23A-7-212, which is renumbered from Section 23-23-14 is
4427renumbered and amended to read:
4428 [23-23-14]. 23A-7-212. Landowner protection under Landowner Liability Act.
4429 [Landowners who participate in] A landowner who participates in a cooperative
4430wildlife management [units shall have] unit has the full protection afforded under Title 57,
4431Chapter 14, Limitations on Landowner Liability.
4432 Section 174. Section 23A-8-101 is enacted to read:
4433 CHAPTER 8. WILDLIFE DAMAGE
4434 Part 1. General Provisions
4435 23A-8-101. Definitions.
4436 As used in this chapter:
4437 (1) "72 hours" means a time period that begins with the hour a request for action is
4438made pursuant to Section 23A-8-402 and ends 72 hours later with the exclusion of any hour
4439that occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
444063G-1-301.
4441 (2) "Cultivated crops" means:
4442 (a) annual or perennial crops harvested from or on cleared and planted land;
4443 (b) perennial orchard trees on cleared and planted land;
4444 (c) crop residues that have forage value for livestock; and
4445 (d) pastures.
4446 (3) "Depredation" means an act causing damage or death.
4447 (4) "Depredation mitigation plan" means the plan described in Subsection
444823A-8-402(2).
4449 (5) "Growing season" means the portion of a year in which local conditions permit
4450normal plant growth.
4451 (6) "Livestock" means cattle, sheep, horses, goats, or turkeys.
4452 (7) "Management unit" means a prescribed area of contiguous land designated by the
4453division for the purpose of managing a species of big game animal. H.B. 30 Enrolled Copy
- 160 -
4454 (8) "Mitigation review panel" means the panel created under Section 23A-8-404.
4455 (9) (a) For purposes of Part 2, Damage in General, "predator" means a mountain lion or
4456bear.
4457 (b) For purposes of Part 4, Damage by Big Game, "predator" means a cougar, bear, or
4458coyote.
4459 (10) For purposes of Section 23A-8-302, "turkey" means a wild, free-ranging turkey
4460and does not include a privately owned or domestic turkey.
4461 (11) "Wildlife Services Program" means a program of the United States Department of
4462Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4463natural resources, and to safeguard human health and safety.
4464 (12) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4465Services specialist.
4466 (13) (a) "Wolf" means the gray wolf Canis lupus.
4467 (b) "Wolf" does not mean a wolf hybrid with a domestic dog.
4468 Section 175. Section 23A-8-201, which is renumbered from Section 23-24-1 is
4469renumbered and amended to read:
4470 Part 2. Damage in General
4471 [23-24-1]. 23A-8-201. Procedure to obtain compensation for livestock damage
4472done by bear, mountain lion, wolf, or eagle.
4473 [(1) As used in this section:]
4474 [(a) "Damage" means injury to or loss of livestock.]
4475 [(b) "Division" means the Division of Wildlife Resources.]
4476 [(c) "Livestock" means cattle, sheep, goats, or turkeys.]
4477 [(d) (i) "Wolf" means the gray wolf Canis lupus.]
4478 [(ii) "Wolf" does not mean a wolf hybrid with a domestic dog.]
4479 [(2)] (1) (a) (i) Except as provided by Subsection [(2)] (1)(a)(ii), if livestock are
4480damaged by a bear, mountain lion, wolf, or an eagle, the owner may receive compensation for
4481the fair market value of the damage to the livestock. Enrolled Copy H.B. 30
- 161 -
4482 (ii) The owner of livestock may not receive compensation if the livestock is damaged
4483by a wolf within an area where a wolf is endangered or threatened under the Endangered
4484Species Act of 1973, 16 U.S.C. Sec. 1531, et seq.
4485 (b) To obtain [this] compensation under this section, the owner of the damaged
4486livestock shall notify the division of the damage as soon as possible, but no later than four days
4487after the damage to the livestock is discovered.
4488 (c) The owner shall notify the division each time [any] damage to livestock is
4489discovered.
4490 [(3)] (2) The livestock owner shall file a proof of loss form, provided by the division,
4491no later than 30 days after the original notification of damage to livestock was given to the
4492division by the owner.
4493 [(4)] (3) (a) (i) The division, with the assistance of the Department of Agriculture and
4494Food shall:
4495 (A) within 30 days after the owner files the proof of loss form, either accept or deny the
4496claim for damages; and
4497 (B) subject to Subsections [(4)] (3)(a)(ii) through [(4)] (3)(a)(iv), pay [all] the accepted
4498claims to the extent money appropriated by the Legislature is available for this purpose.
4499 (ii) Money appropriated from the Wildlife Resources Account may be used to provide
4500compensation for only up to 50% of the fair market value of [any] damaged livestock.
4501 (iii) Money appropriated from the Wildlife Resources Account may not be used to
4502provide compensation for livestock damaged by an eagle or a wolf.
4503 (iv) The division may not pay [any] an eagle damage claim until the division has paid
4504all accepted mountain lion and bear livestock damage claims for the fiscal year.
4505 (b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a
4506livestock owner unless the owner has filed a completed livestock form and the appropriate fee
4507as outlined in Section 4-23-107 for the immediately preceding and current year.
4508 (c) (i) Unless the division denies a claim for the reason identified in Subsection [(4)]
4509(3)(b), the owner may appeal the decision to a panel consisting of one person selected by the H.B. 30 Enrolled Copy
- 162 -
4510owner, one person selected by the division, and a third person selected by the first two panel
4511members.
4512 (ii) The panel shall decide whether the division should pay all of the claim, a portion of
4513the claim, or none of the claim.
4514 [(5)] (4) [By following the procedures and requirements of Title 63G, Chapter 3, Utah
4515Administrative Rulemaking Act, the] The Wildlife Board may make rules, in accordance with
4516Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules to administer
4517and enforce this section.
4518 Section 176. Section 23A-8-202, which is renumbered from Section 23-24-2 is
4519renumbered and amended to read:
4520 [23-24-2]. 23A-8-202. Livestock depredation by predators.
4521 [(1) As used in this section:]
4522 [(a) "Depredation" means an act causing damage or death.]
4523 [(b) "Director" means the director of the Division of Wildlife Resources.]
4524 [(c) "Division" means the Division of Wildlife Resources.]
4525 [(d) "Livestock" means cattle, sheep, goats, horses, or turkeys.]
4526 [(e) "Predator" means a mountain lion or bear.]
4527 [(f) "Wildlife Board" means the board created in Section 23-14-2.]
4528 [(g) "Wildlife Services Program" means a program of the United States Department of
4529Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
4530natural resources, and to safeguard human health and safety.]
4531 [(h) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
4532Services specialist.]
4533 [(2)] (1) If a predator harasses, chases, disturbs, harms, attacks, or kills livestock,
4534within 96 hours of the act:
4535 (a) in a depredation case, the livestock owner, an immediate family member, or an
4536employee of the livestock owner on a regular payroll and not specifically hired to take a
4537predator, may take predators subject to the requirements of this section; Enrolled Copy H.B. 30
- 163 -
4538 (b) a landowner or livestock owner may notify the division of the depredation or
4539human health and safety concerns, who may authorize a local hunter to take the offending
4540predator or notify a wildlife specialist; or
4541 (c) the livestock owner may notify a wildlife specialist of the depredation who may
4542take the depredating predator.
4543 [(3)] (2) A depredating predator may be taken at any time by a wildlife specialist,
4544supervised by the Wildlife Services Program, while acting in the performance of the wildlife
4545specialist's assigned duties and in accordance with procedures approved by the division.
4546 [(4)] (3) (a) A depredating predator may be taken by an individual authorized in
4547Subsection [(2)] (1)(a):
4548 (i) with a weapon authorized by the division, pursuant to rules made by the Wildlife
4549Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
4550taking the predator; or
4551 (ii) only using snares:
4552 (A) with written authorization from the director;
4553 (B) subject to the conditions and restrictions set out in the written authorization; and
4554 (C) if the division verifies that there has been a chronic depredation situation when
4555numerous livestock have been killed by a predator as described in rule made by the Wildlife
4556Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4557 (b) An individual authorized in Subsection [(2)] (1)(a) to take depredating predators
4558may take no more than two bears per incident.
4559 [(5)] (4) (a) In accordance with Subsection [(5)] (4)(b), the division may issue a
4560depredation permit to take a predator on specified private lands and public land grazing
4561allotments with a chronic depredation situation when numerous livestock have been killed by
4562predators.
4563 (b) The division may:
4564 (i) issue one or more depredation permits to an affected livestock owner or a designee
4565of the affected livestock owner, provided that the livestock owner does not receive monetary H.B. 30 Enrolled Copy
- 164 -
4566consideration from the designee for the opportunity to use the depredation permit;
4567 (ii) determine the legal weapons and methods of taking allowed; and
4568 (iii) specify the area and season that the depredation permit is valid.
4569 [(6)] (5) (a) A predator taken under Subsection [(2)] (1)(a) or [(5)] (4) remains the
4570property of the state and shall be delivered to a division office or employee with 96 hours of the
4571take.
4572 (b) The division may issue a predatory damage permit to a person who has taken a
4573depredating predator under Subsection [(2)] (1)(a) that authorizes the individual to keep the
4574carcass.
4575 (c) An individual who takes a predator under Subsection [(2)] (1)(a) or [(5)] (4) may
4576acquire and use a limited entry permit or harvest objective permit in the same year.
4577 (d) Notwithstanding Subsections [(6)] (5)(b) and (c), a person may retain no more than
4578one predator carcass annually.
4579 [(7)] (6) Money derived from the sale of a predator taken under this section shall be
4580deposited into the Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
4581 [(8)] (7) Nothing in this section prohibits the division from permitting the removal of a
4582bear causing damage to cultivated crops on cleared and planted land pursuant to rule made by
4583the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4584Act.
4585 [(9)] (8) Nothing is this section prohibits receiving compensation for livestock damage
4586done by a bear, mountain lion, wolf, or eagle in accordance with Section [23-24-1] 23A-8-201.
4587 Section 177. Section 23A-8-203, which is renumbered from Section 23-18-4 is
4588renumbered and amended to read:
4589 [23-18-4]. 23A-8-203. Beaver damage -- Authorization to kill or trap.
4590 [Whenever] (1) When it is apparent that beaver are doing damage to, or are a menace
4591to, private property, [any] a landowner or tenant may request authorization to kill or trap the
4592beaver [so involved; and the Wildlife Board is empowered to].
4593 (2) The Wildlife Board may grant [such] authorization described in Subsection (1) Enrolled Copy H.B. 30
- 165 -
4594under conditions prescribed by [it] the Wildlife Board.
4595 Section 178. Section 23A-8-301, which is renumbered from Section 23-17-4 is
4596renumbered and amended to read:
4597 Part 3. Damage by Birds
4598 [23-17-4]. 23A-8-301. Crop damage by pheasants -- Notice to division --
4599Damages for destroyed crops -- Limitations -- Appraisal.
4600 [Whenever pheasants are damaging]
4601 (1) When pheasants damage cultivated crops on cleared and planted land, the owner of
4602[such] the cultivated crops shall immediately upon discovery of [such] the damage notify the
4603[Division of Wildlife Resources. This notice shall be made] division both orally and in writing.
4604 (2) Upon being notified of [such] the damage to cultivated crops, the [Division of
4605Wildlife Resources] division shall, as far as possible, control [such] the damage.
4606 (3) When pheasants damage or destroy cultivated crops on cleared and planted land,
4607the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the
4608owner notifies the division of the damage within 48 hours after the damage is discovered.
4609 (4) Subject to Subsection (5), the crop owner and the division shall make an appraisal
4610of the damage as soon after notification as possible. If the crop owner and the division are
4611unable to agree on the fair and equitable damage, they shall call upon a third party, consisting
4612of one or more persons acquainted with the crops concerned and pheasants, to appraise the
4613damage.
4614 (5) If a provision of this section conflicts with the requirements of the federal
4615Pittman-Robertson Act or the regulations issued under that act, the provisions relating to
4616damage claims are void.
4617 Section 179. Section 23A-8-302, which is renumbered from Section 23-17-5.1 is
4618renumbered and amended to read:
4619 [23-17-5.1]. 23A-8-302. Damage by turkeys.
4620 [(1) As used in this section, "turkey" means a wild, free-ranging turkey and does not
4621include a privately owned or domestic turkey.] H.B. 30 Enrolled Copy
- 166 -
4622 [(2)] (1) (a) If a turkey materially damages private property, the landowner or lessee of
4623the property may:
4624 (i) notify the division of the damage; and
4625 (ii) request that the division take action to mitigate the damage.
4626 (b) The landowner or lessee of the damaged property shall allow division staff
4627reasonable access to the damaged property to verify and mitigate the damage.
4628 [(3)] (2) (a) Within 72 hours after receiving a request for action under Subsection [(2)]
4629(1)(a)(ii), the division shall investigate the damaged property and, if it appears that material
4630damage by a turkey may continue, the division shall begin to:
4631 (i) remove or drive off the turkeys causing the damage; or
4632 (ii) implement a damage mitigation and prevention plan with the written approval of
4633the landowner or lessee of the property.
4634 (b) As part of a damage mitigation and prevention plan described in Subsection [(3)]
4635(2)(a)(ii), the division may:
4636 (i) schedule a depredation hunt;
4637 (ii) issue a permit to the landowner or lessee to, during a general or special season hunt
4638authorized by the Wildlife Board, take a turkey on the property;
4639 (iii) allow the landowner or lessee to designate recipients who may obtain a mitigation
4640permit to, during a general or special season hunt authorized by the Wildlife Board, take a
4641turkey on the property;
4642 (iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a
4643turkey that causes damage to the property;
4644 (v) capture and relocate, or allow the landowner or lessee to capture and relocate, a
4645turkey that causes damage to the property; or
4646 (vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise
4647prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable
4648for the location of the property due to local law or public safety concerns.
4649 (c) If the division takes an action described in Subsection [(3)] (2)(b)(ii) or (iii), the Enrolled Copy H.B. 30
- 167 -
4650division shall specify the number and sex of turkeys the landowner or lessee is authorized to
4651take in accordance with Subsection [(3)] (2)(b)(ii) or (iii).
4652 (d) If a landowner or lessee takes a turkey under Subsection [(3)] (2)(b)(ii), the division
4653and the landowner or lessee shall jointly determine the number of turkeys the landowner or
4654lessee may retain.
4655 [(4)] (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4656Act, the Wildlife Board may make rules necessary to administer [the provisions of] this
4657section.
4658 Section 180. Section 23A-8-401, which is renumbered from Section 23-16-2 is
4659renumbered and amended to read:
4660 Part 4. Damage by Big Game
4661 [23-16-2]. 23A-8-401. Removal of big game animals doing damage.
4662 The director [of the division of Wildlife Resources] may authorize the removal of big
4663game animals when [they] the big game animals are doing actual damage. [Animals so
4664removed shall be sold or otherwise disposed of by the Division of Wildlife Resources, and any]
4665The division shall sell or otherwise dispose of a big game animal removed pursuant to this
4666section and money derived from the sale of these big game animals shall be placed in the
4667Wildlife Resources Account.
4668 Section 181. Section 23A-8-402, which is renumbered from Section 23-16-3 is
4669renumbered and amended to read:
4670 [23-16-3]. 23A-8-402. Damage to cultivated crops, livestock forage, fences, or
4671irrigation equipment by big game animals -- Notice to division -- Depredation mitigation
4672plan.
4673 (1) (a) If on private land big game animals damage cultivated crops, livestock forage,
4674fences, or irrigation equipment, the landowner or lessee shall immediately, upon discovery of
4675the damage, request that the division take action to alleviate the depredation problem.
4676 (b) The landowner or lessee shall allow division personnel reasonable access to the
4677property sustaining damage to verify and alleviate the depredation problem. H.B. 30 Enrolled Copy
- 168 -
4678 (2) (a) Within 72 hours after receiving the request for action under Subsection (1)(a),
4679the division shall investigate the situation, and if it appears that depredation by big game
4680animals may continue, the division shall:
4681 (i) remove the big game animals causing depredation; or
4682 (ii) implement a depredation mitigation plan that is approved, in writing, by the
4683landowner or lessee.
4684 (b) A depredation mitigation plan may provide for any or all of the following:
4685 (i) the scheduling of a depredation hunt;
4686 (ii) issuing permits to the landowners or lessees, to take big game animals causing
4687depredation during a general or special season hunt authorized by the Wildlife Board;
4688 (iii) allowing landowners or lessees to designate recipients who may obtain a
4689mitigation permit to take big game animals on the landowner's or lessee's land during a general
4690or special season hunt authorized by the Wildlife Board; or
4691 (iv) a description of how the division will assess and compensate the landowner or
4692lessee under Section [23-16-4] 23A-8-405 for damage to cultivated crops, fences, or irrigation
4693equipment.
4694 (c) (i) The division shall specify the number and sex of the big game animals that may
4695be taken pursuant to Subsections (2)(b)(ii) and (iii).
4696 (ii) [Control efforts shall be directed] The division shall direct control efforts toward
4697antlerless animals, if possible.
4698 (d) [A] The director or the director's designee shall approve a permit issued for an
4699antlered animal [shall be approved by the division director or the director's designee].
4700 (e) The division and the landowner or lessee shall jointly determine the number of big
4701game animals taken pursuant to Subsection (2)(b)(ii) of which the landowner or lessee may
4702retain possession.
4703 (f) In determining appropriate remedial action under this Subsection (2), the division
4704shall consider:
4705 (i) the extent of damage experienced or expected in a single growing season; and Enrolled Copy H.B. 30
- 169 -
4706 (ii) [any] revenue the landowner derives from:
4707 (A) participation in a cooperative wildlife management unit;
4708 (B) use of landowner association permits;
4709 (C) use of mitigation permits; and
4710 (D) charging for hunter access.
4711 (3) [Any] A landowner or lessee shall determine a fee for accessing the owner's or
4712lessee's land [shall be determined by the landowner or lessee].
4713 (4) (a) If the landowner or lessee who approved the depredation mitigation plan under
4714Subsection (2)(a)(ii) subsequently determines that the plan is not acceptable, the landowner or
4715lessee may revoke the landowner's or lessee's approval of the plan and again request that the
4716division take action pursuant to Subsection (2)(a)(i).
4717 (b) [A] The division shall consider a subsequent request for action provided under
4718Subsection (4)(a) [shall be considered] to be a new request for purposes of the 72-hour time
4719limit specified in Subsection (2)(a).
4720 (5) (a) The division may enter into a conservation lease with the owner or lessee of
4721private lands for a fee or other remuneration as compensation for depredation.
4722 (b) [Any] A conservation lease entered into under this section shall provide that the
4723claimant may not unreasonably restrict hunting on the land or passage through the land to
4724access public lands for the purpose of hunting, if those actions are necessary to control or
4725mitigate damage by big game animals.
4726 Section 182. Section 23A-8-403, which is renumbered from Section 23-16-3.1 is
4727renumbered and amended to read:
4728 [23-16-3.1]. 23A-8-403. Landowner or lessee may kill big game animals.
4729 (1) (a) A landowner or lessee may kill big game animals damaging [those] cultivated
4730crops on private land if:
4731 (i) it is necessary to protect cultivated crops;
4732 (ii) 72 hours has expired since a request for action is given pursuant to Subsection
4733[23-16-3] 23A-8-402(1)(a); H.B. 30 Enrolled Copy
- 170 -
4734 (iii) the landowner or lessee has provided or sent written notice of an intent to kill the
4735big game animal to the nearest regional office of the division;
4736 (iv) the landowner or lessee kills the big game animal within 90 days, or a longer
4737period, if approved, in writing, by the division, after having requested that the division take
4738action to prevent depredation under Subsection [23-16-3] 23A-8-402(1)(a); and
4739 (v) the killing is not prohibited by Subsection (2)(a) or (3).
4740 (b) Immediately after killing a big game animal under Subsection (1)(a), the landowner
4741or lessee shall notify the division of the killing.
4742 (c) The carcass of a big game animal killed under Subsection (1)(a) is the property of
4743the division and the division shall dispose of the carcass.
4744 (d) Money derived from the sale of big game animals killed shall be placed in the
4745Wildlife Resources Account created in Section [23-14-13] 23A-3-201.
4746 (e) A landowner or lessee who kills big game animals pursuant to this section shall:
4747 (i) make reasonable effort to prevent the big game animals from wasting; and
4748 (ii) provide the division reasonable access to the landowner's or lessee's land to retrieve
4749and dispose of the big game animals.
4750 (2) (a) The [division] director may prohibit the killing of big game animals under
4751Subsection (1)(a) if, within 72 hours after a landowner or lessee has requested that the division
4752take action to remove depredating big game animals, the division:
4753 (i) determines that the restitution value of the big game animal or animals, as
4754established under Section [23-20-4.5] 23A-5-312, is more than twice the estimated value of the
4755cultivated crops that have been or will be damaged or consumed within a single growing
4756season;
4757 (ii) determines that the prohibition is consistent with the management plan established
4758under Section [23-16-7] 23A-11-301;
4759 (iii) notifies the landowner or lessee of the prohibition; and
4760 (iv) offers the landowner or lessee a depredation mitigation plan.
4761 (b) A landowner or lessee who is offered a depredation mitigation plan may: Enrolled Copy H.B. 30
- 171 -
4762 (i) accept the plan in writing; or
4763 (ii) refuse to accept the plan and appeal the plan, in writing, to the [division] director.
4764 (3) After a landowner or lessee has killed a big game animal under Subsection (1)(a),
4765the [division] director may prohibit [any] further killing of big game animals if:
4766 (a) the division takes the actions described in Subsections (2)(a)(i) through (iv); or
4767 (b) the mitigation review panel reviews and approves the depredation mitigation plan.
4768 Section 183. Section 23A-8-404, which is renumbered from Section 23-16-3.2 is
4769renumbered and amended to read:
4770 [23-16-3.2]. 23A-8-404. Mitigation review panel.
4771 (1) A mitigation review panel may be convened to review:
4772 (a) a depredation mitigation plan; or
4773 (b) division action under Section [23-16-4] 23A-8-405.
4774 (2) Membership of the mitigation review panel shall consist of:
4775 (a) the [division] director or the director's designee;
4776 (b) (i) the commissioner of the Department of Agriculture and Food or the
4777commissioner's designee; or
4778 (ii) a representative of agricultural interests appointed by the commissioner of the
4779Department of Agriculture and Food; and
4780 (c) a representative of Utah State University Extension Service appointed by the Vice
4781President and Dean for University Extension.
4782 (3) (a) The [division] director shall convene a mitigation review panel if:
4783 (i) a landowner or lessee appeals a depredation mitigation plan under Subsection
4784[23-16-3.1] 23A-8-403(2)(b)(ii);
4785 (ii) the [division] director requests review of a depredation mitigation plan; or
4786 (iii) the division receives a petition of an aggrieved party to a final division action
4787under Section [23-16-4] 23A-8-405.
4788 (b) Within five business days of an appeal under Subsection [23-16-3.1]
478923A-8-403(2)(b)(ii) or a division request for review, the mitigation review panel shall review H.B. 30 Enrolled Copy
- 172 -
4790the depredation mitigation plan and approve or modify the plan.
4791 (c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii)
4792in accordance with rules made by the Wildlife Board under Subsection [23-16-4]
479323A-8-405(6).
4794 (4) Judicial review of a mitigation review panel action under this section is governed
4795by Title 63G, Chapter 4, Administrative Procedures Act.
4796 Section 184. Section 23A-8-405, which is renumbered from Section 23-16-4 is
4797renumbered and amended to read:
4798 [23-16-4]. 23A-8-405. Compensation for damage to crops, fences, or irrigation
4799equipment -- Limitations -- Appeals.
4800 (1) The division may provide compensation to claimants for damage caused by big
4801game animals to:
4802 (a) cultivated crops on private land;
4803 (b) fences on private land; or
4804 (c) irrigation equipment on private land.
4805 (2) To be eligible to receive compensation as provided in this section, the claimant
4806shall:
4807 (a) notify the division of the damage within 72 hours after the damage is discovered;
4808and
4809 (b) allow division personnel reasonable access to the property to verify and alleviate
4810the depredation problem.
4811 (3) (a) The [appraisal of the damage shall be made by the] claimant and the division
4812shall make an appraisal of the damage as soon after notification as possible.
4813 (b) In determining damage payment, the division and claimant shall consider:
4814 (i) the extent of damage experienced; and
4815 (ii) [any] revenue the landowner derives from:
4816 (A) participation in a cooperative wildlife management unit;
4817 (B) use of landowner association permits; Enrolled Copy H.B. 30
- 173 -
4818 (C) use of mitigation permits; and
4819 (D) charging for hunter access.
4820 (c) The division and claimant may not include speculative damages or claims of future
4821value in an appraisal or damage payment beyond the growing season when the damage
4822occurred under this section.
4823 (d) In determining how to assess and compensate for damages to cultivated crops, the
4824[division's determination shall be based] division shall base the division's determination on the:
4825 (i) estimated number of big game animals that damaged or consumed cultivated crops;
4826 (ii) estimated quantity of cultivated crops damaged or consumed by big game animals;
4827 (iii) local market value of the cultivated crops that actually have been or will be
4828damaged or consumed by big game animals;
4829 (iv) replacement value of an equivalent aged tree for perennial orchard trees; and
4830 (v) other documented costs directly incurred by the landowner or lessee because of
4831damage to cultivated crops by big game animals.
4832 (e) If the claimant and the division are unable to agree on a fair and equitable damage
4833payment, the claimant and division shall designate a third party, consisting of one or more
4834persons familiar with the crops, fences, or irrigation equipment and the type of big game
4835animals doing the damage, to appraise the damage.
4836 (4) (a) The total amount of compensation that may be provided by the division pursuant
4837to this section and the total cost of fencing materials provided by the division to prevent crop
4838damage may not exceed the legislative appropriation for fencing material and compensation for
4839damaged crops, fences, and irrigation equipment.
4840 (b) (i) A claim of $1,000 or less may be paid after appraisal of the damage as provided
4841in Subsection (3), unless the claim brings the total amount of claims submitted by the claimant
4842in the fiscal year to an amount in excess of $1,000.
4843 (ii) A claim for damage to irrigation equipment may be paid after appraisal of the
4844damage as provided in Subsection (3).
4845 (c) (i) A claim in excess of $1,000, or claim that brings the total amount of claims H.B. 30 Enrolled Copy
- 174 -
4846submitted by the claimant in the fiscal year to an amount in excess of $1,000, shall be treated
4847as follows:
4848 (A) $1,000 may be paid pursuant to the conditions of this section; and
4849 (B) the amount in excess of $1,000 may not be paid until the total amount of the
4850approved claims of all the claimants and expenses for fencing materials for the fiscal year are
4851determined.
4852 (ii) If the total exceeds the amount appropriated by the Legislature pursuant to
4853Subsection (4)(a), claims in excess of $1,000, or a claim that brings the total amount of a
4854claimant's claims in a fiscal year to an amount in excess of $1,000, shall be prorated.
4855 (5) The division may deny or limit compensation if the claimant:
4856 (a) fails to exercise reasonable care and diligence to avoid the loss or minimize the
4857damage;
4858 (b) fails to provide the division reasonable access to the property;
4859 (c) fails to allow the division to use reasonable mitigation tools to alleviate the damage;
4860 (d) unreasonably restricts hunting on land under the claimant's control or passage
4861through the land to access public lands for the purpose of hunting, after receiving written
4862notification from the division of the necessity of allowing the hunting or access to control or
4863mitigate damage by big game animals; or
4864 (e) fails to provide supporting evidence of cultivated crop values and claimed costs to
4865the division during the damage appraisal process.
4866 (6) (a) The Wildlife Board shall make rules, in accordance with Title 63G, Chapter 3,
4867Utah Administrative Rulemaking Act, and consistent with Subsection (6)(d), specifying
4868procedures for the appeal of division actions under this section.
4869 (b) Upon the petition of an aggrieved party to a final division action, a mitigation
4870review panel may review the action on the record and issue an order modifying or rescinding
4871the division action.
4872 (c) A mitigation review panel may appoint a third party designated under Subsection
4873(3)(e) for purposes of taking evidence and making recommendations for an order of the Enrolled Copy H.B. 30
- 175 -
4874mitigation review panel. The mitigation review panel shall consider the recommendations of
4875the designated third party in making decisions.
4876 (d) A mitigation review panel's review of final agency action and judicial review of
4877final action by a mitigation review panel is governed by Title 63G, Chapter 4, Administrative
4878Procedures Act.
4879 Section 185. Section 23A-9-101 is enacted to read:
4880 CHAPTER 9. AQUATIC WILDLIFE
4881 Part 1. General Provisions
4882 23A-9-101. Definitions.
4883 Reserved.
4884 Section 186. Section 23A-9-201, which is renumbered from Section 23-15-4 is
4885renumbered and amended to read:
4886 Part 2. Operations
4887 [23-15-4]. 23A-9-201. Screens or other devices required -- Failure to install
4888after notice a misdemeanor.
4889 [It is unlawful for any person, company or corporation to take any]
4890 (1) A person may not take water from the state streams, lakes, or reservoirs for power
4891purposes, or for waterworks, without first furnishing and maintaining suitable screens or other
4892devices to prevent fish from entering [such] the power plants, millraces, or waterworks
4893system[; said].
4894 (2) A screen or other [devices] device is to be built and maintained under the direction
4895of the [board] Wildlife Board and at the expense of [said] the owner or [operators . The failure
4896of any person, firm or corporation] operator.
4897 (3) A person who fails to install a screen or device within 30 days after the Wildlife
4898Board gives notice in writing [so to do has been given by the board is] to install the screen or
4899device is guilty of a class B misdemeanor.
4900 Section 187. Section 23A-9-202, which is renumbered from Section 23-15-5 is
4901renumbered and amended to read: H.B. 30 Enrolled Copy
- 176 -
4902 [23-15-5]. 23A-9-202. Notice of intention to drain or divert waterway.
4903 (1) [Any person, company or corporation] A person owning or controlling [any] an
4904irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into [any] a state
4905waterway containing protected aquatic wildlife [who shall desire] shall provide the notice
4906described in Subsection (2) if the person:
4907 (a) desires to drain [any such waterway, or who shall intend] the waterway; or
4908 (b) intends to divert sufficient water from [any] a state waterway endangering the
4909protected aquatic wildlife [therein,] in the state waterway.
4910 (2) If the conditions described in Subsection (1) are met, the person shall give five
4911days' written notice to the [Division of Wildlife Resources prior to] division before the
4912diversion except that under emergency conditions the person shall give reasonable notice [shall
4913be given].
4914 Section 188. Section 23A-9-203, which is renumbered from Section 23-15-10 is
4915renumbered and amended to read:
4916 [23-15-10]. 23A-9-203. Private fish pond.
4917 (1) A private fish pond is not required to obtain a certificate of registration from the
4918division to receive fish from an aquaculture facility if:
4919 (a) the pond is properly screened as provided in Subsection (3)(c); and
4920 (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
4921Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4922 (2) (a) Except as provided in Subsection (2)(b), a private fish pond or a short-term
4923fishing event may not be developed or held on:
4924 (i) a natural lake;
4925 (ii) a natural flowing stream; or
4926 (iii) a reservoir constructed on a natural stream channel.
4927 (b) The division may authorize a private fish pond on a natural lake or reservoir
4928constructed on a natural stream channel upon inspecting and determining:
4929 (i) the pond and inlet source of the pond neither contain wild game fish nor are likely Enrolled Copy H.B. 30
- 177 -
4930to support [such species] wild game fish in the future;
4931 (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
4932wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
4933 (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
4934compliance with the requirements of this title, rules of the Wildlife Board, and applicable law;
4935and
4936 (iv) the pond is not vulnerable to flood or high water events capable of compromising
4937the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
4938state.
4939 (c) [Any] An authorization issued by the division under Subsection (2)(b) shall be in
4940the form of a certificate of registration.
4941 (3) A person who owns or operates a private fish pond may receive a fish from an
4942aquaculture facility if:
4943 (a) the aquaculture facility has a health approval number required by Section 4-37-501;
4944 (b) the species, strain, and reproductive capability of the fish is authorized by the
4945Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish
4946pond is located;
4947 (c) the private fish pond is screened in accordance with the Wildlife Board's rule, made
4948in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prevent the
4949fish from moving into or out of the private fish pond;
4950 (d) the fish is not:
4951 (i) released from the private fish pond; or
4952 (ii) transported live to another location; and
4953 (e) the person provides the aquaculture facility with a signed statement that the private
4954fish pond is in compliance with this section.
4955 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4956Wildlife Board may make rules that:
4957 (a) specify the screen requirements to prevent the movement of fish into or out of the H.B. 30 Enrolled Copy
- 178 -
4958private fish pond;
4959 (b) specify the fish species that may not be stocked in a private fish pond located in the
4960state;
4961 (c) establish a location or region where a specified species, strain, and reproductive
4962capability of fish may be stocked in a private fish pond; and
4963 (d) specify procedures and requirements for authorizing development of a private fish
4964pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
4965reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
4966 (5) The division may inspect a private fish pond to verify compliance with this section
4967and rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah
4968Administrative Rulemaking Act.
4969 Section 189. Section 23A-9-204, which is renumbered from Section 23-15-13 is
4970renumbered and amended to read:
4971 [23-15-13]. 23A-9-204. Operation of aquaculture and fee fishing facilities.
4972 A person may engage in the following activities as provided by Title 4, Chapter 37,
4973Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and
4974Food and Wildlife Board:
4975 (1) acquisition, importation, or possession of aquatic animals intended for use in an
4976aquaculture or fee fishing facility;
4977 (2) transportation of aquatic animals to or from an aquaculture facility or to a fee
4978fishing facility;
4979 (3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility;
4980and
4981 (4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing
4982facility.
4983 Section 190. Section 23A-9-301, which is renumbered from Section 23-15-3 is
4984renumbered and amended to read:
4985 Part 3. Prohibitions Enrolled Copy H.B. 30
- 179 -
4986 [23-15-3]. 23A-9-301. Diversion of water prohibited -- Exception for flood
4987control.
4988 [Except in anticipation of and to provide for the carrying away and the safe disposal of
4989natural storm and flood waters, no person may,]
4990 (1) Except as provided in Subsection (2), a person may not, without existing rights,
4991divert so much water from [any] a natural stream, lake, pond, or natural lake or pond, the
4992natural storage content of which has been increased by the construction of a dam, that the
4993diversion unduly endangers protected aquatic wildlife.
4994 (2) A person may divert waters in a manner that would otherwise violate Subsection
4995(1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm
4996and flood waters.
4997 Section 191. Section 23A-9-302, which is renumbered from Section 23-15-6 is
4998renumbered and amended to read:
4999 [23-15-6]. 23A-9-302. Pollution of waters unlawful.
5000 [It is unlawful for any person to pollute any waters deemed necessary by]
5001 (1) A person may not pollute waters:
5002 (a) the Wildlife Board considers necessary for wildlife purposes [or any waters]; or
5003 (b) containing protected aquatic wildlife and stoneflies (Plecoptera), mayflies
5004(Ephemoptera), dragonflies and damsel flies (Odonata), water bugs (Hemiptera), caddis flies
5005(Trichoptera), spongilla flies (Neuroptera), and crustaceans. [Provided further that each]
5006 (2) Each day of pollution [shall constitute] constitutes a separate offense.
5007 Section 192. Section 23A-9-303, which is renumbered from Section 23-15-7 is
5008renumbered and amended to read:
5009 [23-15-7]. 23A-9-303. Taking protected aquatic wildlife or eggs unlawful
5010except as authorized.
5011 [It is unlawful for any person to take any] A person may not take protected aquatic
5012wildlife or eggs of [same in any of] aquatic wildlife in the waters of this state, except as
5013provided by this [code] title or the rules [and regulations] of the Wildlife Board made in H.B. 30 Enrolled Copy
- 180 -
5014accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5015 Section 193. Section 23A-9-304, which is renumbered from Section 23-15-8 is
5016renumbered and amended to read:
5017 [23-15-8]. 23A-9-304. Seining or selling aquatic wildlife unlawful except as
5018authorized.
5019 [It is unlawful for any person to] Except as prescribed by this title or rules of the
5020Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Procedures
5021Act, a person may not seine:
5022 (1) for any kind of protected aquatic wildlife in [any of] the waters of this state; or
5023 (2) to sell protected aquatic wildlife [except as prescribed by this title or rules of the
5024Wildlife Board].
5025 Section 194. Section 23A-9-305, which is renumbered from Section 23-15-9 is
5026renumbered and amended to read:
5027 [23-15-9]. 23A-9-305. Possession or transportation of live aquatic wildlife
5028unlawful except as authorized -- Exceptions.
5029 (1) [It is unlawful for any person to] A person may not possess or transport live
5030protected aquatic wildlife except as provided by this [code] title or the rules [and regulations]
5031of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative
5032Rulemaking Act.
5033 (2) This section does not apply to tropical and goldfish species intended for exhibition
5034or commercial purposes. [Operators]
5035 (3) An operator of a properly registered private fish pond may transport live aquatic
5036wildlife specified by the Wildlife Board in the operator's certificate of registration.
5037 Section 195. Section 23A-10-101, which is renumbered from Section 23-27-102 is
5038renumbered and amended to read:
5039 CHAPTER 10. AQUATIC INVASIVE SPECIES INTERDICTION
5040 Part 1. General Provisions
5041 [23-27-102]. 23A-10-101. Definitions. Enrolled Copy H.B. 30
- 181 -
5042 As used in this chapter:
5043 [(1) "Board" means the Wildlife Board.]
5044 [(2)] (1) (a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that
5045may carry or contain a Dreissena mussel.
5046 (b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal
5047watercraft, a container, a trailer, a live well, or a bilge area.
5048 [(3)] (2) "Decontaminate" means to:
5049 (a) drain and dry [all] non-treated water; and
5050 (b) chemically or thermally treat in accordance with rule.
5051 [(4) "Director" means the director of the division.]
5052 [(5) "Division" means the Division of Wildlife Resources.]
5053 [(6)] (3) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage,
5054including a zebra mussel, a quagga mussel, and Conrad's false mussel.
5055 [(7)] (4) "Equipment" means an article, tool, implement, or device capable of carrying
5056or containing:
5057 (a) water; or
5058 (b) a Dreissena mussel.
5059 [(8) "Executive director" means the executive director of the Department of Natural
5060Resources.]
5061 [(9)] (5) "Facility" means a structure that is located within or adjacent to a water body.
5062 [(10)] (6) "Infested water" means a geographic region, water body, facility, or water
5063supply system within or outside the state that the [board] Wildlife Board identifies in rule as
5064carrying or containing a Dreissena mussel.
5065 [(11)] (7) "Vessel" means the same as that term is defined in Section 73-18-2.
5066 [(12)] (8) "Water body" means natural or impounded surface water, including a stream,
5067river, spring, lake, reservoir, pond, wetland, tank, and fountain.
5068 [(13)] (9) (a) "Water supply system" means a system that treats, conveys, or distributes
5069water for irrigation, industrial, waste water treatment, or culinary use. H.B. 30 Enrolled Copy
- 182 -
5070 (b) "Water supply system" includes a pump, canal, ditch, or pipeline.
5071 (c) "Water supply system" does not include a water body.
5072 Section 196. Section 23A-10-201, which is renumbered from Section 23-27-201 is
5073renumbered and amended to read:
5074 Part 2. Invasive Species Prohibited
5075 [23-27-201]. 23A-10-201. Invasive species prohibited -- Administrative
5076inspection authorized.
5077 (1) Except as authorized in this title or a [board] Wildlife Board rule or order, a person
5078may not:
5079 (a) possess, import, export, ship, or transport a Dreissena mussel;
5080 (b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel
5081in a water body, facility, or water supply system; or
5082 (c) transport a conveyance or equipment that has been in an infested water within the
5083previous 30 days without decontaminating the conveyance or equipment.
5084 (2) [A] Except as provided in Subsection (3), a person who violates Subsection (1):
5085 (a) is strictly liable;
5086 (b) is guilty of an infraction; and
5087 (c) shall reimburse the state for [all] the costs associated with detaining, quarantining,
5088and decontaminating the conveyance or equipment.
5089 (3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class
5090A misdemeanor.
5091 (4) A person may not proceed past or travel through an inspection station or
5092administrative checkpoint, as described in Section [23-27-301] 23A-10-301, while transporting
5093a conveyance during an inspection station's or administrative checkpoint's hours of operations
5094without presenting the conveyance for inspection.
5095 (5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
5096 Section 197. Section 23A-10-202, which is renumbered from Section 23-27-202 is
5097renumbered and amended to read: Enrolled Copy H.B. 30
- 183 -
5098 [23-27-202]. 23A-10-202. Reporting of invasive species required.
5099 (1) A person who discovers a Dreissena mussel within this state or has reason to
5100believe a Dreissena mussel may exist at a specific location shall immediately report the
5101discovery to the division.
5102 (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
5103 Section 198. Section 23A-10-301, which is renumbered from Section 23-27-301 is
5104renumbered and amended to read:
5105 Part 3. Enforcement
5106 [23-27-301]. 23A-10-301. Division's power to prevent invasive species
5107infestation.
5108 To eradicate and prevent the infestation of a Dreissena mussel, the division may:
5109 (1) (a) establish inspection stations located at or along:
5110 (i) highways, as defined in Section 72-1-102;
5111 (ii) ports of entry, if the Department of Transportation authorizes the division to use the
5112port of entry; and
5113 (iii) publicly accessible:
5114 (A) boat ramps; and
5115 (B) conveyance launch sites; and
5116 (b) temporarily stop, detain, and inspect a conveyance or equipment that:
5117 (i) the division reasonably believes is in violation of Section [23-27-201] 23A-10-201;
5118 (ii) the division reasonably believes is in violation of Section [23-27-306] 23A-10-305;
5119 (iii) is stopped at an inspection station; or
5120 (iv) is stopped at an administrative checkpoint;
5121 (2) conduct an administrative checkpoint in accordance with Section 77-23-104;
5122 (3) detain and quarantine a conveyance or equipment as provided in Section
5123[23-27-302] 23A-10-302;
5124 (4) order a person to decontaminate a conveyance or equipment; and
5125 (5) inspect the following that may contain a Dreissena mussel: H.B. 30 Enrolled Copy
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5126 (a) a water body;
5127 (b) a facility; and
5128 (c) a water supply system.
5129 Section 199. Section 23A-10-302, which is renumbered from Section 23-27-302 is
5130renumbered and amended to read:
5131 [23-27-302]. 23A-10-302. Conveyance or equipment detainment or
5132quarantine.
5133 (1) The division, a port-of-entry agent, or a peace officer may detain or quarantine a
5134conveyance or equipment if:
5135 (a) the division, agent, or peace officer:
5136 (i) finds the conveyance or equipment contains a Dreissena mussel; or
5137 (ii) reasonably believes that the person transporting the conveyance or equipment is in
5138violation of Section [23-27-201] 23A-10-201; or
5139 (b) the person transporting the conveyance or equipment refuses to submit to an
5140inspection authorized by Section [23-27-301] 23A-10-301.
5141 (2) The detainment or quarantine authorized by Subsection (1) may continue for:
5142 (a) up to five days; or
5143 (b) the period of time necessary to:
5144 (i) decontaminate the conveyance or equipment; and
5145 (ii) ensure that a Dreissena mussel is not living on or in the conveyance or equipment.
5146 Section 200. Section 23A-10-303, which is renumbered from Section 23-27-303 is
5147renumbered and amended to read:
5148 [23-27-303]. 23A-10-303. Closing a water body, facility, or water supply
5149system.
5150 (1) Except as provided by Subsection (6), if the division detects or suspects a Dreissena
5151mussel is present in a water body, a facility, or a water supply system, the director or the
5152director's designee may, with the concurrence of the executive director, order:
5153 (a) the water body, facility, or water supply system closed to a conveyance or Enrolled Copy H.B. 30
- 185 -
5154equipment;
5155 (b) restricted access by a conveyance or equipment to a water body, facility, or water
5156supply system; or
5157 (c) a conveyance or equipment that is removed from or introduced to the water body,
5158facility, or water supply system to be inspected, quarantined, or decontaminated in a manner
5159and for a duration necessary to detect and prevent the infestation of a Dreissena mussel.
5160 (2) If a closure authorized by Subsection (1) lasts longer than seven days, the division
5161shall:
5162 (a) provide a written update to the operator of the water body, facility, or water supply
5163system every 10 days on the division's effort to address the Dreissena infestation; and
5164 (b) post the update on the division's website.
5165 (3) (a) The [board] Wildlife Board shall develop procedures to ensure proper
5166notification of a state, federal, or local agency that is affected by a Dreissena mussel
5167infestation.
5168 (b) The notification shall include:
5169 (i) the reasons for the closure, quarantine, or restriction; and
5170 (ii) methods for providing updated information to the agency.
5171 (4) When deciding the scope, duration, level, and type of restriction or a quarantine or
5172closure location, the director shall consult with the person with the jurisdiction, control, or
5173management responsibility over the water body, facility, or water supply system to avoid or
5174minimize disruption of economic and recreational activity.
5175 (5) (a) A person that operates a water supply system shall cooperate with the division
5176to implement a measure to:
5177 (i) avoid infestation by a Dreissena mussel; and
5178 (ii) control or eradicate a Dreissena mussel infestation that may occur in a water supply
5179system.
5180 (b) (i) If a Dreissena mussel is detected, the water supply system's operator, in
5181cooperation with the division, shall prepare and implement a plan to control or eradicate a H.B. 30 Enrolled Copy
- 186 -
5182Dreissena mussel within the water supply system.
5183 (ii) A plan required by Subsection (5)(b)(i) shall include a:
5184 (A) method for determining the scope and extent of the infestation;
5185 (B) method to control or eradicate the Dreissena mussel;
5186 (C) method to decontaminate the water supply system containing the Dreissena mussel;
5187 (D) systematic monitoring program to determine a change in the infestation; and
5188 (E) requirement to update or revise the plan in conformity with a scientific advance in
5189the method of controlling or eradicating a Dreissena mussel.
5190 (6) (a) The division may not close or quarantine a water supply system if the operator
5191has prepared and implemented a plan to control or eradicate a Dreissena mussel in accordance
5192with Subsection (5).
5193 (b) (i) The division may require the operator to update a plan.
5194 (ii) If the operator fails to update or revise a plan, the division may close or quarantine
5195the water supply system in accordance with this section.
5196 Section 201. Section 23A-10-304, which is renumbered from Section 23-27-304 is
5197renumbered and amended to read:
5198 [23-27-304]. 23A-10-304. Aquatic invasive species fee.
5199 (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
5200aquatic invasive species fee of $20 on [each vessel in order] a vessel to launch or operate a
5201vessel in waters of this state if:
5202 (i) the vessel is owned by a nonresident; and
5203 (ii) the vessel would otherwise be subject to registration requirements under Section
520473-18-7 if the vessel were owned by a resident of this state.
5205 (b) [The provisions of] Subsection (1)(a) [do] does not apply if the vessel is owned and
5206operated by a state or federal government agency and the vessel is used within the course and
5207scope of the duties of the agency.
5208 (c) The division shall administer and collect the fee described in Subsection (1)(a), and
5209the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in Enrolled Copy H.B. 30
- 187 -
5210Section [23-27-305] 23A-3-211.
5211 (2) Before launching a vessel on the waters of this state, a nonresident shall pay the
5212aquatic invasive species fee as described in Subsection (1), and the vessel owner shall
5213successfully complete an aquatic invasive species education course offered by the division.
5214 (3) (a) The division shall study options and [feasability] feasibility of implementing an
5215automated system capable of scanning, photographing, and providing real-time information
5216regarding a conveyance's or equipment's last:
5217 (i) [last] entry into a body of water; and
5218 (ii) [last] decontamination.
5219 (b) The study described in Subsection (3)(a) shall evaluate the system's capability of:
5220 (i) operation with or without the use or supervision of personnel;
5221 (ii) operation 24 hours per day;
5222 (iii) capturing a state assigned number on a vessel or conveyance as described in
5223Section 73-18-6;
5224 (iv) preserving photographic evidence of:
5225 (A) a conveyance's state assigned bow number;
5226 (B) a conveyance's or equipment's entry into a body of water, including the global
5227positioning system location of where the conveyance is photographed; and
5228 (C) decontamination of the conveyance or equipment;
5229 (v) identifying a conveyance or equipment not owned by a resident that is entering a
5230body of water in this state; and
5231 (vi) collecting the fee described in Subsection (1).
5232 [(c) The division shall present a report of the study and findings described in
5233Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim
5234Committee before November 30, 2020.]
5235 [(d)] (c) Based on the findings of the study described in this Subsection (3), the
5236division shall implement a pilot program to provide the services described in this Subsection
5237(3) on or before May 1, 2021. H.B. 30 Enrolled Copy
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5238 (4) The [board] Wildlife Board may increase fees assessed under Subsection (1), so
5239long as:
5240 (a) the fee for nonresidents described in Subsection (1) is no less than the resident fee
5241described in Section 73-18-26; and
5242 (b) the fee is confirmed in the legislative fee schedule.
5243 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5244[board] Wildlife Board may make rules establishing procedures for:
5245 (a) proof of payment and other methods of verifying compliance with this section;
5246 (b) special requirements applicable on interstate water bodies in this state; and
5247 (c) other provisions necessary for the administration of the program.
5248 Section 202. Section 23A-10-305, which is renumbered from Section 23-27-306 is
5249renumbered and amended to read:
5250 [23-27-306]. 23A-10-305. Removal of drain plug or similar device during
5251transport.
5252 (1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in
5253the state, a person shall:
5254 (a) remove the plugs and similar devices that prevent drainage of raw water systems on
5255the conveyance; and
5256 (b) to the extent feasible, drain [all] the water from live wells, bilges, ballast tanks, or
5257similar compartments on the conveyance.
5258 (2) A person who fails to comply with Subsection (1) is guilty of a class C
5259misdemeanor.
5260 Section 203. Section 23A-10-401, which is renumbered from Section 23-27-401 is
5261renumbered and amended to read:
5262 Part 4. Administration
5263 [23-27-401]. 23A-10-401. Rulemaking authority.
5264 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5265[board] Wildlife Board may make rules that: Enrolled Copy H.B. 30
- 189 -
5266 (1) establish the procedures and requirements for decontaminating a conveyance or
5267equipment to prevent the introduction and infestation of a Dreissena mussel;
5268 (2) establish the requirements necessary to provide proof that a conveyance or
5269equipment is decontaminated;
5270 (3) establish the notification procedures required in Section [23-27-303] 23A-10-303;
5271 (4) identify the geographic area, water body, facility, or water supply system that is
5272infested by Dreissena mussels;
5273 (5) establish a procedure and protocol in cooperation with the Department of
5274Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or
5275equipment at a port-of-entry in accordance with Section [23-27-301] 23A-10-301; and
5276 (6) are necessary to administer and enforce [the provisions of] this chapter.
5277 Section 204. Section 23A-10-501, which is renumbered from Section 23-27-501 is
5278renumbered and amended to read:
5279 Part 5. Statewide Aquatic Invasive Species Emergency Response Plan
5280 [23-27-501]. 23A-10-501. Aquatic invasive species emergency response
5281plan.
5282 (1) As used in this section:
5283 (a) "Committee" means the Natural Resources, Agriculture, and Environment Interim
5284Committee.
5285 (b) "Emergency response plan" means the statewide aquatic invasive species
5286emergency response plan developed by the division in accordance with this part.
5287 (2) The division shall develop a statewide aquatic invasive species emergency response
5288plan to address the potential spread of aquatic invasive species throughout the state.
5289 (3) In developing the emergency response plan, the division shall coordinate with
5290public and private entities that may be necessary or helpful to remediating the potential spread
5291of aquatic invasive species throughout the state.
5292 (4) The emergency response plan shall:
5293 (a) designate the division as the entity that [will coordinate] coordinates the H.B. 30 Enrolled Copy
- 190 -
5294implementation of the emergency response plan;
5295 (b) provide for annual review of the emergency response plan by the division;
5296 (c) provide that the emergency response plan may only be implemented if the division
5297detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water
5298supply system within the state; and
5299 (d) define what constitutes a detection of aquatic invasive species at a water body,
5300facility, or water supply system.
5301 [(5) On or before August 1, 2021, the division shall submit to the committee the
5302following:]
5303 [(a) the emergency response plan;]
5304 [(b) proposed legislation that may be necessary to effectuate the emergency response
5305plan or to increase the effectiveness of the emergency response plan; and]
5306 [(c) an analysis and estimate of the cost to implement the emergency response plan.]
5307 [(6) After receiving the items described in Subsection (5), the committee may:]
5308 [(a) recommend to the Legislature that the plan be implemented;]
5309 [(b) return the plan to the division for further study and evaluation;]
5310 [(c) draft legislation proposed or requested by the division; or]
5311 [(d) take action to further the funding of the emergency response plan.]
5312 [(7)] (5) If an event requires the implementation of the emergency response plan, the
5313division shall report on that event and the implementation of the emergency response plan to
5314the committee.
5315 Section 205. Section 23A-11-101, which is renumbered from Section 23-16-1.1 is
5316renumbered and amended to read:
5317 CHAPTER 11. BIG GAME
5318 Part 1. General Provisions
5319 [23-16-1.1]. 23A-11-101. Definitions.
5320 As used in this chapter:
5321 [(1) "72 hours" means a time period that begins with the hour a request for action is Enrolled Copy H.B. 30
- 191 -
5322made pursuant to Section 23-16-3 and ends 72 hours later with the exclusion of any hour that
5323occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section
532463G-1-301.]
5325 (1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5326and bison.
5327 (2) "Cultivated crops" means:
5328 (a) annual or perennial crops harvested from or on cleared and planted land;
5329 (b) perennial orchard trees on cleared and planted land;
5330 (c) crop residues that have forage value for livestock; and
5331 (d) pastures.
5332 [(3) "Depredation mitigation plan" means the plan described in Subsection 23-16-3(2).]
5333 [(4) "Growing season" means the portion of a year in which local conditions permit
5334normal plant growth.]
5335 [(5)] (3) "Management unit" means a prescribed area of contiguous land designated by
5336the division for the purpose of managing a species of big game animal.
5337 (4) "Predator" means a cougar, bear, or coyote.
5338 [(6) "Mitigation review panel" means the panel created under Section 23-16-3.2.]
5339 Section 206. Section 23A-11-201, which is renumbered from Section 23-16-5 is
5340renumbered and amended to read:
5341 Part 2. Limits on Hunting
5342 [23-16-5]. 23A-11-201. Limit of one of species of big game during license year
5343-- Invalid and forfeited permit or tag.
5344 (1) A person may take only one of [any] a species of big game during a license year,
5345regardless of how many licenses or permits the person obtains, except as otherwise provided by
5346this title or [proclamations] a proclamation of the Wildlife Board.
5347 (2) (a) If a person kills a big game animal in violation of this title, while attempting to
5348exercise the benefits of a big game permit or big game tag, the big game permit or big game tag
5349is invalid and the person shall forfeit the big game permit or big game tag to the division. H.B. 30 Enrolled Copy
- 192 -
5350 (b) This Subsection (2) does not apply if:
5351 (i) a citation is issued for a rule violation described in Subsection (2)(a); or
5352 (ii) a warning citation for a violation described in Subsection (2)(a) is issued.
5353 (3) The division may grant a season extension to a valid, unfilled big game permit
5354opportunity that was invalidated and forfeited under Subsection (2) if:
5355 (a) the criminal charges associated with the big game permit forfeiture are dismissed,
5356with prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
5357 (b) the person issued the big game permit that is forfeited requests the division in
5358writing within 60 days of a final action dismissing or acquitting that person of the criminal
5359charges that led to the big game permit forfeiture;
5360 (c) the season extension is granted for the same species and sex, hunt unit, and season
5361dates associated with the forfeited big game permit, as established by the Wildlife Board in the
5362hunt year of the extension; and
5363 (d) the extension occurs in the first season immediately following dismissal of or
5364acquittal on the criminal charges described in Subsection (3)(a).
5365 Section 207. Section 23A-11-202, which is renumbered from Section 23-16-6 is
5366renumbered and amended to read:
5367 [23-16-6]. 23A-11-202. Commencement date of general rifle deer season.
5368 The general rifle deer season may not commence each year before October 1.
5369 Section 208. Section 23A-11-203, which is renumbered from Section 23-16-11 is
5370renumbered and amended to read:
5371 [23-16-11]. 23A-11-203. Big game baiting prohibited.
5372 (1) As used in this section:
5373 (a) (i) "Bait" means intentionally placing food or nutrient substances to manipulate the
5374behavior of wildlife for the purpose of taking or attempting to take big game.
5375 (ii) "Bait" does not include:
5376 (A) the use of salt, mineral blocks, or other commonly used types of livestock
5377supplements placed in the field by agricultural producers for normal agricultural purposes; or Enrolled Copy H.B. 30
- 193 -
5378 (B) standing crops, natural vegetation, harvested croplands, or lands or areas where
5379seeds or grains have been scattered solely as the result of a normal agricultural planting,
5380harvesting, post-harvest manipulation, or normal soil stabilization practice.
5381 (b) "Baited area" means [all] land within a 50-yard radius of the site where bait is
5382placed, including the site where bait is placed.
5383 (2) Unless authorized by a certificate of registration, [it is unlawful to] a person may
5384not:
5385 (a) bait big game;
5386 (b) take big game in a baited area; or
5387 (c) take big game that has been lured to or is traveling from a baited area.
5388 (3) The division may only issue a certificate of registration to allow for the baiting of
5389big game if the division determines that baiting is necessary to:
5390 (a) alleviate substantial big game depredation on cultivated crops [or to]; or
5391 (b) facilitate the removal of deer causing property damage within cities or towns.
5392 Section 209. Section 23A-11-204, which is renumbered from Section 23-20-33 is
5393renumbered and amended to read:
5394 [23-20-33]. 23A-11-204. Limitation on compensating people to locate big game
5395animals.
5396 (1) As used in this section:
5397 (a) "Compensate" or "compensated" means anything of value in excess of $25 that is
5398paid, loaned, given, granted, donated, or transferred to a person for or in consideration of
5399locating or monitoring the location of big game animals.
5400 (b) "Retain" or "retained" means a written or oral agreement for the delivery of
5401outfitting services or hunting guide services between an outfitter or hunting guide and the
5402recipient of those services.
5403 (2) Except as provided in Subsections (3) and (4), a person may not compensate
5404another person to locate or monitor the location of big game animals on public land in
5405connection with or furtherance of taking a big game animal under this title. H.B. 30 Enrolled Copy
- 194 -
5406 (3) A person may compensate a registered outfitter or hunting guide[, as defined in
5407Section 58-79-102,] to help the person locate and take a big game animal on public land if:
5408 (a) the outfitter or hunting guide is registered and in good standing under Title 58,
5409Chapter 79, Hunting Guides and Outfitters Registration Act;
5410 (b) the person has retained the outfitter or hunting guide and is the recipient of the
5411outfitting services and hunting guide services, as defined in Section 58-79-102;
5412 (c) the person possesses the licenses and permits required to take a big game animal;
5413 (d) the person retains and uses not more than one outfitter or hunting guide in
5414connection with taking a big game animal; and
5415 (e) the retained outfitter or hunting guide uses no more than one compensated
5416individual in locating or monitoring the location of big game animals on public land.
5417 (4) A registered outfitter or registered hunting guide in good standing may compensate
5418another person to locate or monitor the location of big game animals on public land if:
5419 (a) the outfitter or hunting guide has been retained by the recipient of the outfitting
5420services or hunting guide services to assist the recipient take a big game animal on public land;
5421 (b) the recipient possesses the licenses and permits required to take a big game animal;
5422 (c) the recipient is not simultaneously using another outfitter or hunting guide to assist
5423in taking the same species and sex of big game animal; and
5424 (d) the outfitter or hunting guide compensates not more than one other individual to
5425locate or monitor the location of big game animals in connection with assisting the recipient
5426take a big game animal on public land.
5427 (5) A violation of:
5428 (a) this section constitutes an unlawful take under Section [23-20-3] 23A-5-309; and
5429 (b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502,
5430and 58-79-501.
5431 Section 210. Section 23A-11-205, which is renumbered from Section 23-20-31 is
5432renumbered and amended to read:
5433 [23-20-31]. 23A-11-205. Requirement to wear hunter orange -- Exceptions. Enrolled Copy H.B. 30
- 195 -
5434 (1) As used in this section:
5435 (a) (i) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire rifle,
5436except as provided in Subsection (1)(a)(ii).
5437 (ii) "Centerfire rifle hunt" does not include:
5438 (A) a bighorn sheep hunt;
5439 (B) a mountain goat hunt;
5440 (C) a bison hunt;
5441 (D) a moose hunt;
5442 (E) a hunt requiring the hunter to possess a statewide conservation permit; or
5443 (F) a hunt requiring the hunter to possess a statewide sportsman permit.
5444 (b) "Statewide conservation permit" means a permit:
5445 (i) issued by the division;
5446 (ii) distributed through a nonprofit organization founded for the purpose of promoting
5447wildlife conservation; and
5448 (iii) valid:
5449 (A) on open hunting units statewide; and
5450 (B) for the species of big game and time period designated by the Wildlife Board.
5451 (c) "Statewide sportsman permit" means a permit:
5452 (i) issued by the division through a public draw; and
5453 (ii) valid:
5454 (A) on open hunting units statewide; and
5455 (B) for the species of big game and time period designated by the Wildlife Board.
5456 (2) (a) A person shall wear a minimum of 400 square inches of hunter orange material
5457while hunting [any] a species of big game, except as provided in Subsection (3).
5458 (b) [Hunter] A person shall wear hunter orange material [shall be worn] on the head,
5459chest, and back.
5460 (3) A person is not required to wear the hunter orange material described in Subsection
5461(2): H.B. 30 Enrolled Copy
- 196 -
5462 (a) during the following types of hunts, unless a centerfire rifle hunt is in progress in
5463the same area:
5464 (i) archery;
5465 (ii) muzzle-loader;
5466 (iii) mountain goat;
5467 (iv) bighorn sheep;
5468 (v) bison; or
5469 (vi) moose; or
5470 (b) as provided by a rule of the Wildlife Board made in accordance with Title 63G,
5471Chapter 3, Utah Administrative Rulemaking Act.
5472 Section 211. Section 23A-11-301, which is renumbered from Section 23-16-7 is
5473renumbered and amended to read:
5474 Part 3. Management
5475 [23-16-7]. 23A-11-301. Deer and elk management plans -- Division to confer
5476with others -- Target herd size objectives -- Reports.
5477 (1) The [Division of Wildlife Resources] division shall:
5478 (a) prepare a management plan for each deer and elk herd unit in the state; and
5479 (b) submit the plans to the Wildlife Board for [their] the Wildlife Board's approval.
5480 (2) Upon approval of a plan by the Wildlife Board, the division shall manage the herd
5481unit [shall be managed] in accordance with the management plan.
5482 (3) In preparing [the plans] a management plan, the division shall confer with federal
5483and state land managers, private landowners, sportsmen, and ranchers.
5484 (4) (a) [Each] A management plan shall establish target herd size objectives.
5485 (b) In establishing target herd size objectives, the division and [board] Wildlife Board
5486shall among other factors:
5487 (i) consider available information on each unit's range carrying capacity and
5488ownership; and
5489 (ii) seek to balance relevant multiple uses for the range. Enrolled Copy H.B. 30
- 197 -
5490 (5) Until a management plan for a herd unit is prepared in accordance with this section
5491and approved by the [board] Wildlife Board, the division shall manage the herd unit [shall be
5492managed] to maintain the herd size as range conditions and available data dictate.
5493 [(6) (a) Management plans shall be prepared by the division and approved by the board
5494by the following dates:]
5495 [(i) May 1, 1994 for elk; and]
5496 [(ii) May 1, 1996 for deer.]
5497 [(b) The division shall make:]
5498 [(i) an annual progress report on the management plans to the Energy, Natural
5499Resources and Agriculture Interim Committee until the plans are completed; and]
5500 [(ii) a final report to the committee:]
5501 [(A) at the committee's May 1994 meeting for elk; and]
5502 [(B) at the committee's May 1996 meeting for deer.]
5503 [(7) The management plans may be revised as the division or board determines
5504necessary. Any]
5505 (6) The division or Wildlife Board may revise a management plan as the division or
5506Wildlife Board determines necessary. A revised plan shall be prepared in accordance with
5507Subsections (3) and (4).
5508 Section 212. Section 23A-11-302, which is renumbered from Section 23-16-10 is
5509renumbered and amended to read:
5510 [23-16-10]. 23A-11-302. Big game protection -- Director authority.
5511 (1) It is the policy of the state that big game animals are of great importance to the
5512citizens of the state, the citizen's quality of life, and the long term sustainability of the herds for
5513future generations.
5514 [(2) As used in this section:]
5515 [(a) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
5516and bison.]
5517 [(b) "Director" means the director of the Division of Wildlife Resources.] H.B. 30 Enrolled Copy
- 198 -
5518 [(c) "Management unit" means a prescribed area of contiguous land designated by the
5519Division of Wildlife Resources for the purpose of managing a species of big game animal.]
5520 [(d) "Predator" means a cougar, bear, and coyote.]
5521 [(3)] (2) (a) Unless the condition described in Subsection [(3)] (2)(b) is determined, the
5522director shall take immediate action to reduce the number of predators within a management
5523unit when the big game population is under the established herd size objective for that
5524management unit.
5525 (b) Subsection [(3)] (2)(a) does not apply if the [Division of Wildlife Resources]
5526division determines that predators are not significantly contributing to the big game population
5527being under the herd size objective for the management unit.
5528 [(4)] (3) Immediate action under Subsection [(3)] (2) includes any of the following
5529management tools:
5530 (a) increasing take permits or tags for cougar and bear until the herd size objective is
5531met;
5532 (b) allowing big game hunters to harvest predators with the appropriate permit during a
5533big game hunting season, including issuing over-the-counter predator permits;
5534 (c) professional trapping and predator control by the United States Department of
5535Agriculture Wildlife Services, private contracts, and the general public, including aerial control
5536measures; and
5537 (d) other management tools as determined by the director.
5538 [(5)] (4) The director shall annually give a status report on predator control measures
5539implemented pursuant to this chapter and Chapter 8, Part 4, Damage by Big Game, to the
5540Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee and
5541Natural Resources, Agriculture, and Environment Interim Committee.
5542 Section 213. Section 23A-11-401, which is renumbered from Section 23-30-102 is
5543renumbered and amended to read:
5544 Part 4. Mule Deer Protection
5545 [23-30-102]. 23A-11-401. Definitions. Enrolled Copy H.B. 30
- 199 -
5546 As used in this [chapter] part:
5547 (1) "General predator control" means a predatory animal removal effort by the division
5548to reduce predatory animal numbers for the benefit of mule deer.
5549 (2) ["Predatory] Notwithstanding Section 23A-8-101, "predatory animal" means a
5550coyote.
5551 (3) "Targeted predator control" means a predatory animal removal effort by the
5552division:
5553 (a) to reduce predatory animal numbers in an area where mule deer predation occurs;
5554and
5555 (b) that focuses on specific locations and certain times.
5556 Section 214. Section 23A-11-402, which is renumbered from Section 23-30-104 is
5557renumbered and amended to read:
5558 [23-30-104]. 23A-11-402. Rulemaking authority, coordination, and
5559administration for predator control.
5560 (1) The [division] Wildlife Board may make rules, in accordance with Title 63G,
5561Chapter 3, Utah Administrative Rulemaking Act, to establish programs to accomplish targeted
5562predator control or general predator control, including programs that offer incentives or
5563compensation to participants who remove a predatory animal that is detrimental to mule deer
5564production.
5565 (2) The division shall:
5566 (a) administer a program established under Subsection (1);
5567 (b) coordinate with federal, state, and local governments, and private persons to
5568accomplish the purposes of this [chapter] part; and
5569 (c) coordinate with the Department of Agriculture and Food and the Agriculture and
5570Wildlife Damage Prevention Board created in Section 4-23-104 to:
5571 (i) minimize unnecessary duplication of predator control efforts; and
5572 (ii) prevent interference between predator control programs administered under Title 4,
5573Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this [chapter] part. H.B. 30 Enrolled Copy
- 200 -
5574 (3) The division may:
5575 (a) contract with a vendor that offers targeted predator control services; and
5576 (b) prepare and distribute educational and training materials related to mule deer
5577protection.
5578 Section 215. Section 23A-12-101 is enacted to read:
5579 CHAPTER 12. BIRDS IN GENERAL
5580 Part 1. General Provisions
5581 23A-12-101. Definitions.
5582 Reserved.
5583 Section 216. Section 23A-12-201, which is renumbered from Section 23-17-5.2 is
5584renumbered and amended to read:
5585 Part 2. Hunting of Birds
5586 [23-17-5.2]. 23A-12-201. General season turkey hunts.
5587 The Wildlife Board may establish two general season turkey hunts per year.
5588 Section 217. Section 23A-12-202, which is renumbered from Section 23-17-6 is
5589renumbered and amended to read:
5590 [23-17-6]. 23A-12-202. Commercial hunting area -- Registration --
5591Requirements for hunters.
5592 (1) (a) A person desiring to operate a commercial hunting area within the state to
5593permit the releasing and shooting of pen-raised birds may apply to the Wildlife Board for
5594authorization to do so.
5595 (b) The Wildlife Board may issue the applicant a certificate of registration to operate a
5596commercial hunting area in accordance with rules prescribed by the [board] Wildlife Board in
5597accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5598 (c) The Wildlife Board may determine the number of commercial hunting areas that
5599may be established in each county of the state.
5600 (2) (a) A certificate of registration issued under Subsection (1) shall specify the species
5601of birds that the applicant may propagate, keep, and release for shooting on the area covered by Enrolled Copy H.B. 30
- 201 -
5602the certificate of registration.
5603 (b) The applicant may charge a fee for harvesting the birds specified under Subsection
5604(2)(a).
5605 (3) (a) A person hunting within the state on a commercial hunting area shall:
5606 (i) (A) possess proof of passing a division-approved hunter education course, if the
5607person was born after December 31, 1965; or
5608 (B) possess a trial hunting authorization issued under Section [23-19-14.6] 23A-4-701;
5609 (ii) comply with the accompaniment requirements of Sections [23-19-14.6 and
561023-20-20 ] 23A-4-701 and 23A-4-708, if applicable; and
5611 (iii) have the permission of the owner or operator of the commercial hunting area.
5612 (b) The operator of a commercial hunting area shall verify that each hunter on the
5613commercial hunting area meets the requirements of Subsection (3)(a)(i).
5614 (4) Hunting on commercial hunting areas is permitted only during the commercial
5615hunting area season prescribed by the Wildlife Board.
5616 Section 218. Section 23A-12-203, which is renumbered from Section 23-17-7 is
5617renumbered and amended to read:
5618 [23-17-7]. 23A-12-203. Falconry authorized.
5619 The Wildlife Board may authorize the practice of falconry within the state [of Utah] and
5620the capturing and keeping in possession of birds to be used in the practice of falconry under
5621rules [and regulations specified by it] made by the Wildlife Board in accordance with Title
562263G, Chapter 3, Utah Administrative Rulemaking Act.
5623 Section 219. Section 23A-12-204, which is renumbered from Section 23-17-8 is
5624renumbered and amended to read:
5625 [23-17-8]. 23A-12-204. Dog field meets.
5626 (1) [It is lawful within the state to hold dog field meets or trials] Subject to Subsection
5627(2), a person may hold within the state a dog field meet or trial where dogs are permitted to
5628work in exhibition or contest where the skill of dogs is demonstrated by locating or retrieving
5629birds [which] that have been obtained from a legal source. H.B. 30 Enrolled Copy
- 202 -
5630 (2) Before [any] a meet or trial is held, [application shall be made] a person shall apply
5631in writing to the [Division of Wildlife Resources] division, which may authorize the meet or
5632trial under rules [and regulations promulgated] made by the Wildlife Board in accordance with
5633Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5634 Section 220. Section 23A-12-205, which is renumbered from Section 23-17-9 is
5635renumbered and amended to read:
5636 [23-17-9]. 23A-12-205. Training of dogs -- Use of protected or privately owned
5637wildlife.
5638 The Wildlife Board may authorize the use of protected wildlife or privately owned
5639wildlife for the training of dogs within the state [of Utah] under rules [and regulations it may
5640promulgate] made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah
5641Administrative Rulemaking Act.
5642 Section 221. Section 23A-12-301, which is renumbered from Section 23-32-102 is
5643renumbered and amended to read:
5644 Part 3. Waterfowl Management Areas Act
5645 [23-32-102]. 23A-12-301. Definitions.
5646 (1) The definitions in Section 58-79-102 apply to this [chapter] part.
5647 (2) (a) As used in this [chapter] part, "waterfowl management area" means real
5648property owned or managed by the [Division of Wildlife Resources] division that is:
5649 (i) primarily used for the conservation, production, or recreational harvest of ducks,
5650mergansers, geese, brant, swans, and other waterfowl; and
5651 (ii) designated as a waterfowl management area by the Wildlife Board in accordance
5652with Section [23-32-104] 23A-12-303.
5653 (b) "Waterfowl management area" includes the Willard Spur Waterfowl Management
5654Area and the Harold Crane Waterfowl Management Area described in Section [23-21-5]
565523A-6-403.
5656 Section 222. Section 23A-12-302, which is renumbered from Section 23-32-103 is
5657renumbered and amended to read: Enrolled Copy H.B. 30
- 203 -
5658 [23-32-103]. 23A-12-302. Prohibited activities.
5659 (1) A commercial hunting guide or outfitter may not use a waterfowl management area
5660for any of the following, unless the commercial hunting guide or outfitter has an annual permit,
5661issued by the Wildlife Board pursuant to this [chapter] part, for the use:
5662 (a) hunting guide services or outfitter services; or
5663 (b) transportation of an individual to another area for the purpose of providing hunting
5664guide services or outfitter services.
5665 (2) An individual may not construct a permanent blind or other permanent structure
5666that is used for hunting within the boundaries of a waterfowl management area.
5667 Section 223. Section 23A-12-303, which is renumbered from Section 23-32-104 is
5668renumbered and amended to read:
5669 [23-32-104]. 23A-12-303. Rulemaking -- Notice.
5670 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5671Wildlife Board shall make rules:
5672 (a) designating and establishing the boundaries of a waterfowl management area;
5673 (b) governing the management and use of a waterfowl management area in accordance
5674with [the provisions of this chapter] this part; and
5675 (c) to create an annual permit process by which commercial hunting guides and
5676outfitters may use waterfowl management areas in accordance with [the provisions of this
5677chapter] this part.
5678 (2) The annual permit process described in Subsection (1)(c) shall:
5679 (a) preserve the opportunity for non-guided hunters to use waterfowl management
5680areas; and
5681 (b) require a permit holder to comply with safety standards established by the Wildlife
5682Board.
5683 (3) The division shall provide an annual report to the Natural Resources, Agriculture,
5684and Environment Interim Committee regarding any rules made or changed in accordance with
5685this [chapter] part. H.B. 30 Enrolled Copy
- 204 -
5686 (4) The Wildlife Board shall publish a map of the boundaries of each waterfowl
5687management area.
5688 (5) Nothing in this [chapter] part modifies or limits:
5689 (a) [the provisions of Section 23-21-5] Section 23A-6-403, or the discretion of the
5690division to manage waterfowl management areas for other beneficial purposes, including for
5691the benefit of the public, shorebirds, waterfowl, and other protected wildlife; or
5692 (b) the authority of the division, the director [of the division], or the Wildlife Board
5693under [Title 23, Chapter 21] Chapter 6, Lands and Waters for Wildlife Purposes.
5694 Section 224. Section 23A-13-101, which is renumbered from Section 23-28-102 is
5695renumbered and amended to read:
5696 CHAPTER 13. MIGRATORY BIRD PRODUCTION AREA
5697 Part 1. General Provisions
5698 [23-28-102]. 23A-13-101. Definitions.
5699 As used in this chapter:
5700 (1) "Migratory bird" [is as] means the same as that term is defined in 16 U.S.C. Sec.
5701715j.
5702 (2) "Migratory bird production area" means an area of land that is:
5703 (a) created under this chapter; and
5704 (b) used according to the description in Subsections [23-28-201]
570523A-13-201(1)(b)(iii)(A) [through] and (B).
5706 Section 225. Section 23A-13-201, which is renumbered from Section 23-28-201 is
5707renumbered and amended to read:
5708 Part 2. Migratory Bird Production Area
5709 [23-28-201]. 23A-13-201. Creation of a migratory bird production area.
5710 (1) (a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres
5711of land in an unincorporated area may dedicate the land as a migratory bird production area by
5712filing a notice of dedication with the county recorder of the county in which the land is located.
5713 (b) The notice of dedication shall contain: Enrolled Copy H.B. 30
- 205 -
5714 (i) the legal description of the land included within the migratory bird production area;
5715 (ii) the name of the owner or owners of the land included within the migratory bird
5716production area; and
5717 (iii) an affidavit signed by each landowner that all of the land, except as provided by
5718Subsection (2), within the migratory bird production area is:
5719 (A) actively managed for migratory bird:
5720 (I) production;
5721 (II) habitat; or
5722 (III) hunting; and
5723 (B) used for a purpose compatible with the purposes described in Subsection
5724(1)(b)(iii)(A).
5725 (c) A person who files a notice of dedication under this section shall give a copy of the
5726notice of dedication within 10 days of its filing to the legislative body of the county in which
5727the migratory bird production area is located.
5728 (2) (a) The notice of dedication may designate land, the amount of which is less than
57291% of the total acreage within a migratory bird production area, upon which the landowner
5730may build a structure described in Subsection [23-28-302] 23A-13-302(1)(c).
5731 (b) (i) An owner may build or maintain a road, dike, or water control structure within
5732the migratory bird production area.
5733 (ii) A road, dike, or water control structure is not considered a structure for purposes of
5734Subsection (2)(a).
5735 (3) (a) Within 30 days of the day on which the county legislative body receives a copy
5736of the notice of dedication under Subsection (1)(c), the county legislative body may bring an
5737action in district court to cancel or revise a migratory bird production area on the basis that an
5738affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
5739 (b) In bringing the action, the county legislative body shall specify the portion of the
5740migratory bird production area and the affidavit subject to the action.
5741 (c) In an action brought under this Subsection (3), the person who files an affidavit H.B. 30 Enrolled Copy
- 206 -
5742described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that
5743the affidavit is accurate.
5744 (d) If the court cancels or revises a migratory bird production area, the person who filed
5745the original notice of dedication shall file a revision notice with the county recorder reflecting
5746the court's order.
5747 (4) In accordance with Section [23-28-202] 23A-13-202, a person may at any time add
5748land to a migratory bird production area created under this section.
5749 Section 226. Section 23A-13-202, which is renumbered from Section 23-28-202 is
5750renumbered and amended to read:
5751 [23-28-202]. 23A-13-202. Adding to or removing land from a migratory
5752bird production area.
5753 (1) Subject to the other provisions of this section, a landowner may file a revision
5754notice with the county recorder of the county in which the migratory bird production area is
5755located to add land to or remove land from a migratory bird production area.
5756 (2) The revision notice shall contain:
5757 (a) a legal description of the land added to or removed from the migratory bird
5758production area; and
5759 (b) the name of the owner or owners of the land added to or removed from the
5760migratory bird production area.
5761 (3) A person who files a revision notice under this section shall give a copy of the
5762revision notice within 10 days of its filing to the legislative body of the county in which the
5763migratory bird production area is located.
5764 (4) If removing land from a migratory bird production area results in a migratory bird
5765production area of less than 300 contiguous acres:
5766 (a) the migratory bird production area ceases to exist; and
5767 (b) the landowner shall:
5768 (i) notify each landowner within the former migratory bird production area; and
5769 (ii) file the revision notice required by this section for the entire migratory bird Enrolled Copy H.B. 30
- 207 -
5770production area.
5771 (5) A landowner may add land to a migratory bird production area only if:
5772 (a) the land to be added is contiguous to the migratory bird production area; and
5773 (b) all the landowners of the contiguous land to be added to the migratory bird
5774production area consent to the contiguous land being added to the migratory bird production
5775area.
5776 (6) A landowner of a migratory bird production area may include an easement in the
5777migratory bird production area if:
5778 (a) the landowner owns the easement;
5779 (b) the easement is on land that is contiguous to the migratory bird production area;
5780and
5781 (c) the owner of the land where the easement is located consents to the easement being
5782included in the migratory bird production area.
5783 Section 227. Section 23A-13-301, which is renumbered from Section 23-28-301 is
5784renumbered and amended to read:
5785 Part 3. Protections
5786 [23-28-301]. 23A-13-301. Farmland Assessment Act.
5787 (1) Creation of a migratory bird production area does not impair the ability of land
5788within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part
57895, Farmland Assessment Act.
5790 (2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland
5791Assessment Act, is determined exclusively by [the provisions of] that act, notwithstanding the
5792land's location within a migratory bird production area.
5793 Section 228. Section 23A-13-302, which is renumbered from Section 23-28-302 is
5794renumbered and amended to read:
5795 [23-28-302]. 23A-13-302. Limitations on local regulations.
5796 (1) (a) A county within which a migratory bird production area is located shall
5797encourage the continuity, development, and viability of the migratory bird production area. H.B. 30 Enrolled Copy
- 208 -
5798 (b) Except as otherwise specifically provided in this chapter, the purposes, uses, and
5799activities of a migratory bird production area described in this chapter are afforded the highest
5800priority of use status.
5801 (c) A structure, improvement, or activity historically or customarily used in
5802conjunction with a migratory bird production area is considered a permitted use under the
5803county's zoning law, ordinance, or regulation.
5804 (2) A county within which a migratory bird production area is located may not:
5805 (a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally
5806associated with the migratory bird production area;
5807 (b) change the zoning designation of, or a zoning regulation applying to land within a
5808migratory bird production area unless the county receives written approval for the change from
5809all the landowners within the migratory bird production area; or
5810 (c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of
5811a firearm on a migratory bird production area.
5812 (3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if
5813it restricts or impairs the purposes, uses, and activities historically or customarily associated
5814with a migratory bird production area.
5815 Section 229. Section 23A-13-303, which is renumbered from Section 23-28-303 is
5816renumbered and amended to read:
5817 [23-28-303]. 23A-13-303. Nuisances.
5818 (1) (a) A county shall exclude the activities described in Subsection (1)(b) from the
5819definition of public nuisance in a county law or ordinance regulating a public nuisance.
5820 (b) An activity or occurrence normally associated with a migratory bird production area
5821is not a nuisance, including:
5822 (i) hunting;
5823 (ii) discharging a firearm;
5824 (iii) improving habitat;
5825 (iv) trapping; Enrolled Copy H.B. 30
- 209 -
5826 (v) eradicating weeds;
5827 (vi) discing;
5828 (vii) planting;
5829 (viii) impounding water;
5830 (ix) raising a bird or other domestic animal;
5831 (x) grazing;
5832 (xi) an activity conducted in the normal course of an agricultural operation as defined
5833in Section 4-44-102; and
5834 (xii) an odor.
5835 (2) In a civil action for nuisance or a criminal action for public nuisance under Section
583676-10-803, it is a complete defense if the action is:
5837 (a) normally associated with a migratory bird production area;
5838 (b) conducted within a migratory bird production area; and
5839 (c) not in violation of [any] federal or state law.
5840 (3) An owner of a new development located in whole or in part within 1,000 feet of a
5841migratory bird production area shall provide the following notice on [any] a plat filed with the
5842county recorder:
5843 "Migratory Bird Production Area
5844 This property is located in the vicinity of an established migratory bird production area
5845in which hunting and activities related to the management and operation of land for the benefit
5846of migratory birds have been afforded the highest priority use status. It can be anticipated that
5847these uses and activities may now or in the future be conducted on land within the migratory
5848bird production area. The use and enjoyment of this property is expressly conditioned on
5849acceptance of any annoyance or inconvenience that may result from activities normally
5850associated with a migratory bird production area."
5851 Section 230. Section 23A-13-304, which is renumbered from Section 23-28-304 is
5852renumbered and amended to read:
5853 [23-28-304]. 23A-13-304. Annexation restrictions. H.B. 30 Enrolled Copy
- 210 -
5854 A municipality may annex real property within a migratory bird production area as
5855provided by Title 10, Chapter 2, Part 4, Annexation.
5856 Section 231. Section 23A-13-305, which is renumbered from Section 23-28-305 is
5857renumbered and amended to read:
5858 [23-28-305]. 23A-13-305. Application of Water Quality Act.
5859 A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act.
5860 Section 232. Section 23A-14-101 is enacted to read:
5861 CHAPTER 14. FURBEARERS
5862 Part 1. General Provisions
5863 23A-14-101. Definitions.
5864 Reserved.
5865 Section 233. Section 23A-14-201, which is renumbered from Section 23-18-2 is
5866renumbered and amended to read:
5867 Part 2. Taking of Furbearers
5868 [23-18-2]. 23A-14-201. Taking of furbearers.
5869 [Any] A person holding a furbearer license may take [furbearers] a furbearer in
5870accordance with the rules [promulgated] made by the Wildlife Board in accordance with Title
587163G, Chapter 3, Utah Administrative Rulemaking Act.
5872 Section 234. Section 23A-14-202, which is renumbered from Section 23-18-3 is
5873renumbered and amended to read:
5874 [23-18-3]. 23A-14-202. Trapping on lands controlled by division governed by
5875Wildlife Board.
5876 [All trapping] The Wildlife Board shall govern trapping on lands controlled by the
5877[Division of Wildlife Resources shall be governed by the Wildlife Board] division.
5878 Section 235. Section 23A-14-203, which is renumbered from Section 23-18-6 is
5879renumbered and amended to read:
5880 [23-18-6]. 23A-14-203. Taking red fox or striped skunk.
5881 Red fox or striped skunk may be taken anytime without a license as provided by this Enrolled Copy H.B. 30
- 211 -
5882title [or rules], a rule made in accordance with Title 63G, Chapter 3, Utah Administrative
5883Rulemaking Act, or a proclamation of the Wildlife Board.
5884 Section 236. Section 23A-15-101, which is renumbered from Section 23-29-102 is
5885renumbered and amended to read:
5886 CHAPTER 15. WOLF MANAGEMENT ACT
5887 [23-29-102]. 23A-15-101. Definitions.
5888 As used in this chapter:
5889 (1) "Endangered Species Act" means the Endangered Species Act of 1973, 16 U.S.C.
5890Sec. 1531 et seq.
5891 [(1)] (2) "Service" means the United States Fish and Wildlife Service.
5892 [(2)] (3) "Wolf" means the species Canis lupus.
5893 Section 237. Section 23A-15-102, which is renumbered from Section 23-29-103 is
5894renumbered and amended to read:
5895 [23-29-103]. 23A-15-102. Legislative findings and declarations.
5896 (1) Section [23-14-1] 23A-2-201 appoints the division as trustee and custodian of
5897protected wildlife in the state.
5898 (2) The wolf [is] has been listed as endangered under the federal Endangered Species
5899Act throughout the greater portion of the state.
5900 (3) The service is the federal agency charged with responsibility to administer the
5901Endangered Species Act.
5902 (4) The service acknowledges that Utah is not critical to the recovery of wolves and
5903that it does not intend to actively recover wolves in the state.
5904 (5) The division prepared a wolf management plan outlining [its] the division's
5905management objectives for the wolf in Utah when the wolf was delisted and removed from
5906federal control.
5907 (6) The wolf management plan prepared by the division was formally submitted to the
5908service in 2007 for approval.
5909 (7) The service has neither approved, denied, nor otherwise commented on the plan H.B. 30 Enrolled Copy
- 212 -
5910since receiving it in 2007.
5911 (8) The state formally requested, in writing on multiple occasions, that the service
5912delist the wolf throughout Utah, and the service has failed to acknowledge or otherwise
5913respond to [any of] the requests.
5914 (9) The state cannot adequately or effectively manage wolves on a pack level in the
5915small area of the state where the species is currently delisted without significantly harming
5916other vital state interests, including livestock and big game populations.
5917 (10) It is the policy of the state to legally advocate and facilitate the delisting of wolves
5918in Utah under the Endangered Species Act and to return wolf management authority to the
5919state.
5920 Section 238. Section 23A-15-201, which is renumbered from Section 23-29-201 is
5921renumbered and amended to read:
5922 Part 2. Wolf Management
5923 [23-29-201]. 23A-15-201. Wolf management.
5924 (1) The division shall contact the service upon discovering a wolf in [any] an area of
5925the state where wolves are listed as threatened or endangered under the Endangered Species
5926Act and request immediate removal of the animal from the state.
5927 (2) The division shall manage wolves to prevent the establishment of a viable pack in
5928all areas of the state where the wolf is not listed as threatened or endangered under the
5929Endangered Species Act until the wolf is completely delisted under the act and removed from
5930federal control in the entire state.
5931 (3) Subsections (1) and (2) do not apply to wolves lawfully held in captivity and
5932restrained.
5933 Section 239. Section 23A-15-202, which is renumbered from Section 23-29-202 is
5934renumbered and amended to read:
5935 [23-29-202]. 23A-15-202. Rulemaking.
5936 The [division] Wildlife Board may make administrative rules in accordance with Title
593763G, Chapter 3, Utah Administrative Rulemaking Act, to manage the wolf in accordance with Enrolled Copy H.B. 30
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5938this chapter.
5939 Section 240. Repealer.
5940 This bill repeals:
5941 Section 23-13-1, Title.
5942 Section 23-13-16, Judicial notice of proclamations.
5943 Section 23-14-2.1, Procedures -- Adjudicative proceedings.
5944 Section 23-14-11, Official seal of division.
5945 Section 23-14-16, Unexpended fund balances converted to general fund account.
5946 Section 23-17-5, Damages for destroyed crops -- Limitations -- Appraisal.
5947 Section 23-20-23, Aiding or assisting violation unlawful.
5948 Section 23-21a-1, Short title.
5949 Section 23-21a-2, Legislative findings and policy.
5950 Section 23-21a-3, State to condemn and purchase islands in Great Salt Lake --
5951Protection of American white pelican.
5952 Section 23-21a-4, Payment of fair market value to landowners -- Impartial
5953appraisal.
5954 Section 23-21a-5, Mineral rights retained by landowners -- Oil discovery.
5955 Section 23-21a-6, Nonlapsing appropriation for appraisal and purchase.
5956 Section 23-25-1, Short title.
5957 Section 23-25-12, Title.
5958 Section 23-27-101, Title.
5959 Section 23-28-101, Title.
5960 Section 23-29-101, Title.
5961 Section 23-30-101, Title.
5962 Section 23-31-101, Title.
5963 Section 23-32-101, Title.
5964 Section 241. Effective date.
5965 This bill takes effect on July 1, 2023. H.B. 30 Enrolled Copy
- 214 -
5966 Section 242. Revisor instructions.
5967 The Legislature intends that the Office of Legislative Research and General Counsel, in
5968preparing the Utah Code database for publication, not enroll this bill if H.B. 31, Wildlife
5969Resources Recodification Cross References, does not pass.