01-09 13:43 H.B. 153
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Hunting Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
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LONG TITLE
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General Description:
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This bill addresses the taking of wildlife through the use of a hunting guide or outfitter.
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Highlighted Provisions:
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This bill:
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▸ allows for compensating up to three individuals in locating or monitoring the location of
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big game animals on public land;
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▸ provides an exemption under certain circumstances for an individual disclosing the
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location of a big game animal;
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▸ clarifies effect of violating provisions related to compensating people to locate big game
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animals; and
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▸ makes technical amendments.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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23A-5-309, as renumbered and amended by Laws of Utah 2023, Chapter 103
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23A-11-204, as renumbered and amended by Laws of Utah 2023, Chapter 103
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58-79-501, as last amended by Laws of Utah 2020, Chapters 316, 376
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 23A-5-309 is amended to read:
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23A-5-309 . Taking, transporting, selling, or purchasing protected wildlife illegal
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except as authorized -- Criminal penalty.
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(1) Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a
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person may not:
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(a) take protected wildlife or wildlife parts; H.B. 153 01-09 13:43
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(b) collect, import, possess, transport, propagate, store, donate, transfer, or export
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protected wildlife or wildlife parts;
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(c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or wildlife
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parts without having previously procured the necessary licenses, permits, tags,
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federal stamps, certificates of registration, authorizations, and receipts required in this
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title or a rule, proclamation, or order of the Wildlife Board;
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(d) take protected wildlife with a weapon, ammunition, implement, tool, device, or any
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part of any of these not specifically authorized in this title or a rule, proclamation, or
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order of the Wildlife Board;
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(e) possess while in pursuit of protected wildlife a weapon, ammunition, implement,
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tool, device, or any part of any of these not specifically authorized in this title or a
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rule, proclamation, or order of the Wildlife Board;
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(f) take protected wildlife using a method, means, process, or practice not specifically
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authorized in this title or a rule, proclamation, or order of the Wildlife Board;
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(g) take protected wildlife outside the season dates, location boundaries, and daily time
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frames established in rule, proclamation, or order of the Wildlife Board;
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(h) take protected wildlife in excess of the bag and possession limits established in rule,
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proclamation, or order of the Wildlife Board;
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(i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
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proclamation, or order of the Wildlife Board, or by executive order of the director
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pursuant to Subsection 23A-2-203(4);
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(j) practice falconry or capture, possess, or use birds in falconry;
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(k) take wildlife from an airplane or any other airborne vehicle or device or a motorized
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terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
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(l) hold in captivity at any time any live protected wildlife;
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(m) use or permit a dog or other domestic or trained animal to take protected wildlife;
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(n) remove, damage, or destroy an occupied nest of protected wildlife;
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(o) release captured or captive wildlife into the wild;
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(p) use spotlighting to take protected wildlife;
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(q) employ or use a means of concealment or camouflage while taking protected wildlife
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which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
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(r) possess or use bait or other attractant to take protected wildlife which is prohibited in
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this title or a rule, proclamation, or order of the Wildlife Board;
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(s) use a decoy or recorded or electronically amplified call which is prohibited in this
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title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
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(t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
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eggs;
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(u) use protected wildlife for commercial purposes or financial gain as prohibited by
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Section 23A-5-304;
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(v) enter, establish, or hold a contest or tournament involving the taking of protected
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wildlife;
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(w) operate or participate in a commercial hunting area as described in Section
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23A-12-202; [or]
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(x) operate or participate in a cooperative wildlife management unit as defined in
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Section 23A-7-101[.] ; or
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(y) operate or participate in outfitter or hunting guide activities in violation of Section
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23A-11-204.
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(2) Possession of protected wildlife without a valid license, permit, tag, certificate of
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registration, bill of sale, or invoice is prima facie evidence that the protected wildlife
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was illegally taken and is illegally held in possession.
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(3) A person is subject to the penalty under Section 23A-5-301 if the person:
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(a) violates Subsection (1); and
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(b) does so with criminal negligence as defined in Subsection 76-2-103(4).
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Section 2. Section 23A-11-204 is amended to read:
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23A-11-204 . Limitation on compensating people to provide outfitting or hunting
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guide services for big game animals.
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(1) As used in this section:
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(a) "Compensate" or "compensated" means anything of value in excess of $25 that is
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paid, loaned, given, granted, donated, or transferred to a person for or in
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consideration of locating or monitoring the location of big game animals.
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(b) "Retain" or "retained" means a written or oral agreement for the delivery of outfitting
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services or hunting guide services between an outfitter or hunting guide and the
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recipient of those services.
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(2) Except as provided in Subsections (3) and (4), a person may not compensate another
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person to locate or monitor the location of big game animals on public land in
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connection with or furtherance of taking a big game animal under this title.
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(3) A person may compensate a registered outfitter or hunting guide to help the person
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locate and take a big game animal on public land if:
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(a) the outfitter or hunting guide is registered and in good standing under Title 58,
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Chapter 79, Hunting Guides and Outfitters Registration Act;
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(b) the person has retained the outfitter or hunting guide and is the recipient of the
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outfitting services and hunting guide services, as defined in Section 58-79-102;
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(c) the person possesses the licenses and permits required to take a big game animal;
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(d) the person retains and uses not more than one outfitter or hunting guide in
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connection with taking a big game animal; and
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(e) the retained outfitter or hunting guide uses no more than [one compensated individual]
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three compensated individuals in locating or monitoring the location of big game
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animals on public land.
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(4) A registered outfitter or registered hunting guide in good standing may compensate
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another person to locate or monitor the location of big game animals on public land if:
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(a) the outfitter or hunting guide has been retained by the recipient of the outfitting
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services or hunting guide services to assist the recipient take a big game animal on
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public land;
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(b) the recipient possesses the licenses and permits required to take a big game animal;
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(c) the recipient is not simultaneously using another outfitter or hunting guide to assist in
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taking the same species and sex of big game animal; and
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(d) the outfitter or hunting guide compensates not more than [one other individual] three
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other individuals to locate or monitor the location of big game animals in connection
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with assisting the recipient take a big game animal on public land.
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(5) This section does not apply to an individual who informs an outfitter or hunting guide of
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the location of a big game animal without being employed to locate or monitor the
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location of a big game animal by an outfitter, hunting guide, or recipient of the outfitting
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services or hunting guide services.
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[(5)] (6) A violation of:
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(a) this section constitutes an unlawful take under Section 23A-5-309; and
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(b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502, and
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58-79-501.
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Section 3. Section 58-79-501 is amended to read:
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58-79-501 . Unlawful conduct.
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"Unlawful conduct" includes, in addition to the definition in Section 58-1-501[,] :
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(1) using the title "hunting guide" or "outfitter" or any other title or designation to indicate
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that the individual is a hunting guide or outfitter or acting as a hunting guide or outfitter,
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unless the individual is currently registered as a hunting guide or outfitter under this
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chapter[.] ; or
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(2) violating Subsection 23A-11-204(4).
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Section 4. Effective date.
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This bill takes effect on May 7, 2025.
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