03-03 10:06 3rd Sub. (Cherry) H.B. 153
Rex P. Shipp proposes the following substitute bill:
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Hunting Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Evan J. Vickers
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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 guide, outfitter, or spotter.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ creates the Guide, Outfitter, and Spotter Fund;
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▸ provides when the use of a guide, outfitter, or spotter is unlawful;
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▸ requires registration with the Division of Wildlife Resources (division);
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▸ provides for rulemaking;
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▸ permits the division to take action related to an applicant or registrant;
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▸ outlines prohibited activities and penalties for violations;
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▸ addresses the operations of a guide, outfitter, or spotter;
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▸ repeals regulation by the Division of Professional Licensing; and
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▸ makes technical and conforming 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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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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23A-1-101, as last amended by Laws of Utah 2024, Chapter 80
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23A-5-309, as renumbered and amended by Laws of Utah 2023, Chapter 103
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23A-12-301, as renumbered and amended by Laws of Utah 2023, Chapter 103
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23A-12-302, as renumbered and amended by Laws of Utah 2023, Chapter 103
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23A-12-303, as renumbered and amended by Laws of Utah 2023, Chapter 103
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ENACTS:
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23A-3-216, Utah Code Annotated 1953
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23A-4-1201, Utah Code Annotated 1953
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23A-4-1202, Utah Code Annotated 1953
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23A-4-1203, Utah Code Annotated 1953
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23A-4-1204, Utah Code Annotated 1953
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REPEALS:
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23A-11-204, as renumbered and amended by Laws of Utah 2023, Chapter 103
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58-79-101, as last amended by Laws of Utah 2020, Chapters 316, 376
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58-79-102, as last amended by Laws of Utah 2023, Chapter 34
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58-79-103, as enacted by Laws of Utah 2023, Chapter 345
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58-79-301, as last amended by Laws of Utah 2020, Chapters 316, 376
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58-79-302, as last amended by Laws of Utah 2020, Chapters 316, 339 and 376
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58-79-303, as last amended by Laws of Utah 2020, Chapters 316, 376
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58-79-304, as last amended by Laws of Utah 2020, Chapters 316, 376
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58-79-401, as last amended by Laws of Utah 2023, Chapter 345
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58-79-501, as last amended by Laws of Utah 2020, Chapters 316, 376
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58-79-502, 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-1-101 is amended to read:
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23A-1-101 . Definitions.
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As used in this title:
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(1) "Activity regulated under this title" means an act, attempted act, or activity prohibited or
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regulated under this title or the rules and proclamations promulgated under this title
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pertaining to protected wildlife including:
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(a) fishing;
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(b) hunting;
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(c) trapping;
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(d) taking;
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(e) permitting a dog, falcon, or other domesticated animal to take;
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(f) transporting;
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(g) possessing;
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(h) selling;
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(i) wasting;
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(j) importing;
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(k) exporting;
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(l) rearing;
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(m) keeping;
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(n) using as a commercial venture; and
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(o) releasing to the wild.
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(2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
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(3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
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(4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
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amphibians.
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(5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that
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one person may legally take during one day.
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(6) "Big game" means species of hoofed protected wildlife.
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(7) "Carcass" means the dead body of an animal or the animal's parts.
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(8) "Certificate of registration" means a paper-based or electronic document issued under
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this title, or a rule or proclamation of the Wildlife Board granting authority to engage in
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activities not covered by a license, permit, or tag.
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(9) "Closed season" means the period of time during which the taking of protected wildlife
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is prohibited.
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(10) "Dedicated hunter program" means a program that provides:
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(a) expanded hunting opportunities;
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(b) opportunities to participate in projects that are beneficial to wildlife; and
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(c) education in hunter ethics and wildlife management principles.
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(11) "Department" means the Department of Natural Resources.
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(12) "Director" means the director of the division appointed under Section 23A-2-202.
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(13) "Division" means the Division of Wildlife Resources.
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(14) "Division of Law Enforcement" means the division within the Department of Natural
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Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement.
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(15) Subject to Section 23A-1-103, "domicile" means the place:
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(a) where an individual has a fixed permanent home and principal establishment;
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(b) to which the individual if absent, intends to return and has an actual plan, method,
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and means to return to the individual's domicile within six months;
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(c) in which the individual, and the individual's family voluntarily reside, not for a
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special or temporary purpose, but with the intention of making a permanent home;
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and
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(d) is a place where the individual resides for the majority of the individual's time.
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(16) "Endangered" means wildlife designated as endangered according to Section 3 of the
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federal Endangered Species Act of 1973.
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(17) "Executive director" means the executive director of the Department of Natural
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Resources.
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(18) "Fee fishing facility" means the same as that term is defined in Section 4-37-103.
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(19) "Feral" means an animal that is normally domesticated but has reverted to the wild.
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(20) "Fishing" means to take fish or crayfish by any means.
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(21) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
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Castoridae families, except coyote and cougar.
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(22) "Game" means wildlife normally pursued, caught, or taken by sporting means for
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human use.
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(23) "Guide" means the same as that term is defined in Section 23A-4-1201.
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[(23)] (24) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
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means.
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[(24) "Hunting guide" means the same as that term is defined in Section 58-79-102.]
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(25) "Intimidate or harass" means to physically interfere with or impede, hinder, or
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diminish the efforts of an officer in the performance of the officer's duty.
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(26)(a) "Natural flowing stream" means a topographic low where water collects and
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perennially or intermittently flows with a perceptible current in a channel formed
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exclusively by forces of nature.
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(b) "Natural flowing stream" includes perennial or intermittent water flows in a:
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(i) realigned or modified channel that replaces the historic, natural flowing stream
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channel; and
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(ii) dredged natural flowing stream channel.
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(c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
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other water delivery system that diverts and conveys water to an approved place of
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use pursuant to a certificated water right.
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(27)(a) "Natural lake" means a perennial or intermittent body of water that collects on
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the surface of the earth exclusively through the forces of nature and without human
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assistance.
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(b) "Natural lake" does not mean a lake where the surface water sources supplying the
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body of water originate from groundwater springs no more than 100 yards upstream.
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(28) "Natural resources officer" means the same as that term is defined in Section 79-2-701.
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(29) "Nominating committee" means the Wildlife Board Nominating Committee created in
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Section 23A-2-302.
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(30) "Nonresident" means a person who does not qualify as a resident.
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(31) "Open season" means the period of time during which protected wildlife may be
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legally taken.
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(32) "Outfitter" means the same as that term is defined in Section [58-79-102] 23A-4-1201.
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(33) "Pecuniary gain" means the acquisition of money or something of monetary value.
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(34) "Permit" means a paper-based or electronic document that grants authority to engage
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in specified activities under this title or a rule or proclamation of the Wildlife Board.
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(35) "Person" means an individual, association, partnership, government agency,
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corporation, or an agent of the individual, association, partnership, government agency,
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or corporation.
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(36) "Pollute water" means to introduce into waters within the state matter or thermal
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energy that:
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(a) exceeds state water quality standards; or
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(b) could harm protected wildlife.
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(37) "Possession" means actual or constructive possession.
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(38) "Possession limit" means the number of bag limits one individual may legally possess.
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(39)(a) "Private fish pond" means a pond, reservoir, or other body of water, including a
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fish culture system, located on privately owned land where privately owned fish:
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(i) are propagated or kept for a private noncommercial purpose; and
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(ii) may be taken without a fishing license.
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(b) "Private fish pond" does not include:
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(i) an aquaculture facility;
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(ii) a fee fishing facility;
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(iii) a short-term fishing event; or
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(iv) private stocking.
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(40) "Private stocking" means an authorized release of privately owned, live fish in the
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waters of the state not eligible as:
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(a) a private fish pond under Section 23A-9-203; or
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(b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
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Act.
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(41) "Private wildlife farm" means an enclosed place where privately owned birds or
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furbearers are propagated or kept and that restricts the birds or furbearers from:
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(a) commingling with wild birds or furbearers; and
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(b) escaping into the wild.
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(42) "Proclamation" means the publication that is:
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(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
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(b) issued in accordance with a rule made by the Wildlife Board under this title.
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(43)(a) "Protected aquatic wildlife" means aquatic wildlife except as provided in
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Subsection (43)(b).
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(b) "Protected aquatic wildlife" does not include aquatic insects.
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(44)(a) "Protected wildlife" means wildlife, except as provided in Subsection (44)(b).
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(b) "Protected wildlife" does not include:
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(i) coyote;
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(ii) field mouse;
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(iii) gopher;
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(iv) ground squirrel;
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(v) jack rabbit;
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(vi) muskrat; or
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(vii) raccoon.
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(45) "Regional advisory council" means a council created under Section 23A-2-303.
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(46) "Released to the wild" means to be turned loose from confinement.
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(47)(a) "Reservoir constructed on a natural stream channel" means a body of water
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collected and stored on the course of a natural flowing stream by impounding the
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stream through excavation or diking.
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(b) "Reservoir constructed on a natural stream channel" does not mean an impoundment
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on a natural flowing stream where all surface water sources supplying the
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impoundment originate from groundwater springs no more than 100 yards upstream.
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(48) Subject to Section 23A-1-103, "resident" means a person who:
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(a) has been domiciled in the state for six consecutive months immediately preceding the
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purchase of a license; and
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(b) does not claim residency for hunting, fishing, or trapping in another state or country.
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(49) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
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selling, bartering, exchanging, or trading.
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(50) "Short-term fishing event" means an event when:
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(a) privately acquired fish are held or confined for a period not to exceed 10 days for the
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purpose of providing fishing or recreational opportunity; and
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(b) no fee is charged as a requirement to fish.
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(51) "Small game" means species of protected wildlife:
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(a) commonly pursued for sporting purposes;
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(b) not classified as big game, aquatic wildlife, or furbearers; and
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(c) excluding turkey, cougar, and bear.
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(52) "Spoiled" means impairment of the flesh of wildlife that renders the flesh unfit for
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human consumption.
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(53) "Spotlighting" means throwing or casting the rays of a spotlight, headlight, or other
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artificial light on a highway or in a field, woodland, or forest while having in possession
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a weapon by which protected wildlife may be killed.
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(54) "Tag" means a card, label, or other paper-based or electronic means of identification
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used to document harvest of protected wildlife.
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(55) "Take" means to:
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(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill
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protected wildlife; or
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(b) attempt an action referred to in Subsection (55)(a).
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(56) "Threatened" means wildlife designated as threatened pursuant to Section 3 of the
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federal Endangered Species Act of 1973.
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(57) "Trapping" means taking protected wildlife with a trapping device.
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(58) "Trophy animal" means an animal described as follows:
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(a) deer - a buck with an outside antler measurement of 24 inches or greater;
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(b) elk - a bull with six points on at least one side;
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(c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
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(d) moose - a bull with at least one antler exceeding five inches in length;
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(e) mountain goat - a male or female;
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(f) pronghorn antelope - a buck with horns exceeding 14 inches; or
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(g) bison - a bull.
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(59) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning dove,
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band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
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(60) "Waste" means to:
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(a) abandon protected wildlife; or
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(b) allow protected wildlife to spoil or to be used in a manner not normally associated
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with the protected wildlife's beneficial use.
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(61) "Wild" means the natural environment, including a private pond or private property.
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(62) "Wildlife" means:
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(a) crustaceans, including brine shrimp and crayfish;
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(b) mollusks; and
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(c) vertebrate animals living in nature, except feral animals.
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(63) "Wildlife Board" means the board created in Section 23A-2-301.
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(64) "Wildlife parts" means biological material derived from the body or anatomy of
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wildlife, including:
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(a) an antler or horn;
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(b) a hide;
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(c) a bone; or
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(d) meat.
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Section 2. Section 23A-3-216 is enacted to read:
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23A-3-216 . Guide, Outfitter, and Spotter Fund.
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(1) There is created an expendable special revenue fund known as the "Guide, Outfitter, and
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Spotter Fund."
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(2) The Guide, Outfitter, and Spotter Fund shall consist of:
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(a) revenue from fees collected under Section 23A-4-1202;
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(b) money appropriated by the Legislature; and
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(c) interest, dividends, or other income earned on fund money.
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(3) The division shall use the money in the Guide, Outfitter, and Spotter Fund to administer
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Chapter 4, Part 12, Guide, Outfitter, and Spotter.
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Section 3. Section 23A-4-1201 is enacted to read:
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Part 12. Guide, Outfitter, and Spotter
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23A-4-1201 . Definitions.
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As used in this part:
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(1) "Compensation" means anything of economic value in excess of $100 that is paid,
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loaned, granted, given, donated, or transferred to a guide, outfitter, or spotter for or in
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consideration of personal services, materials, or property.
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(2) "Guide" means an individual who offers or provides guide services on public lands for
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compensation.
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(3) "Guide services" means to guide, lead, or assist an individual in hunting protected
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wildlife.
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(4) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill protected wildlife
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and includes fishing.
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(5) "Outfitter" means an individual who offers or provides outfitting or guide services for
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compensation to another individual for hunting protected wildlife on public lands.
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(6)(a) "Outfitting services" means providing, for hunting protected wildlife on public
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lands:
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(i) transportation of people, equipment, supplies, protected wildlife to or from a
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location;
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(ii) cooking for the participants hunting, including fishing;
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(iii) packing, protecting, or supervising services; or
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(iv) guide services.
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(b) "Outfitting services" do not include activities undertaken by the division or the
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division's employees, associates, volunteers, contractors, or agents under authority
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granted in this title.
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(7)(a) "Public lands" means any lands owned by the United States, the state, or a
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political subdivision or independent entity of the state that are open to the public for
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purposes of engaging in a wildlife related activity.
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(b) "Public lands" does not include lands owned by the United States, the state, or a
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political subdivision or independent entity of the state that are included in a
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cooperative wildlife management unit under Subsection 23A-7-204(5) so long as the
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guiding and outfitting services furnished by the cooperative wildlife management
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unit are limited to hunting species of wildlife specifically authorized by the division
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in the unit's management plan.
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(8) "Retain" or "retained" means a written or oral agreement for the delivery of guide
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services or outfitter services between a guide or outfitter and the recipient of those
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services.
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(9) "Spotter" means an individual compensated by a guide or outfitter to locate or monitor
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the location of protected wildlife on public land.
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Section 4. Section 23A-4-1202 is enacted to read:
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23A-4-1202 . Registration as guide, outfitter, or spotter -- Rulemaking.
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(1) Beginning July 1, 2025, to provide the services of a guide, outfitter, or spotter an
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individual is required to annually obtain a certificate of registration with the division
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under this part.
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(2) The division shall issue to an individual who qualifies under this part a certificate of
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registration in the classification of:
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(a) guide;
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(b) outfitter; or
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(c) spotter.
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(3) The division shall maintain a record of each individual who is registered with the
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division under this part.
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(4)(a) To register as a guide, a resident shall:
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(i) submit an application in a form prescribed by the division, subject to rules of the
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Wildlife Board;
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(ii) have the appropriate hunting or fishing licenses under this chapter to engage in
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the activity for which the guide provides guide services; and
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(iii) pay an annual registration fee of:
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(A) $250 if the resident provides guide services related to the hunting of big game
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or bear; or
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(B) $175 if the resident only provides guide services related to the hunting,
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including fishing, of protected wildlife other than big game or bear.
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(b) To register as a guide, a nonresident shall:
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(i) submit an application in a form prescribed by the division, subject to rules of the
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Wildlife Board;
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(ii) have the appropriate hunting or fishing licenses under this chapter to engage in
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the activity for which the guide provides guide services; and
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(iii) pay an annual registration fee of:
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(A) $750 if the nonresident provides guide services related to the hunting of big
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game or bear; or
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(B) $500 if the nonresident only provides guide services related to the hunting,
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including fishing, of protected wildlife other than big game or bear.
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(5)(a) To register as an outfitter, a resident shall:
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(i) submit an application in a form prescribed by the division, subject to rules of the
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Wildlife Board;
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(ii) have the appropriate hunting or fishing licenses under this chapter to engage in
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the activity for which the outfitter provides outfitter services; and
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(iii) pay an annual registration fee of:
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(A) $500 if the resident provides services related to the hunting of big game or
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bear; or
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(B) $350 if the resident only provides services related to the hunting, including
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fishing, of protected wildlife other than big game or bear.
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(b) To register as an outfitter, a nonresident shall:
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(i) submit an application in a form prescribed by the division, subject to rules of the
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Wildlife Board;
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(ii) have the appropriate hunting or fishing licenses under this chapter to engage in
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the activity for which the outfitter provides outfitter services; and
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(iii) pay an annual registration fee of:
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(A) $1,500 if the nonresident provides services related to the hunting of big game
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or bear; or
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(B) $1,000 if the nonresident only provides services related to the hunting,
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including fishing, of protected wildlife other than big game or bear.
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(6)(a) To register as a spotter, a resident shall:
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(i) submit an application in a form prescribed by the division, subject to rules of the
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Wildlife Board;
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(ii) have the appropriate hunting license under this chapter to engage in the activity
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for which the spotter provides services; and
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(iii) pay an annual registration fee of $125.
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(b) To register as a spotter, a nonresident shall:
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(i) submit an application in a form prescribed by the division, subject to rules of the
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Wildlife Board;
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(ii) have the appropriate hunting license under this chapter to engage in the activity
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for which the spotter provides services; and
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(iii) pay an annual registration fee of $375.
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(7)(a) Notwithstanding a fee amount described in Subsections (4), (5), and (6), the
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Wildlife Board may increase or decrease the fee amount under this section.
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(b) An adjustment made by the Wildlife Board under Subsection (7)(a) takes effect
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when confirmed in the legislative fee schedule adopted in the general session of the
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Legislature immediately following the adjustment.
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(8) The division shall deposit fees collected under this section into the Guide, Outfitter, and
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Spotter Fund created in Section 23A-3-216.
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(9) A registration automatically expires on the expiration date shown on the registration
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unless the registrant renews the registration.
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(10) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, to address:
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(a) the form of applications submitted under this section;
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(b) prohibited activities under Section 23A-4-1203; or
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(c) operations of a guide, outfitter, or spotter regulated under Section 23A-4-1204.
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Section 5. Section 23A-4-1203 is enacted to read:
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23A-4-1203 . Grounds for denial or revoking of registration -- Prohibited
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activities.
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(1) The division shall refuse to register an applicant and shall refuse to renew or shall
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revoke the certificate of registration of a registrant during the time period that the
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division suspends the applicant's or registrant's privilege to:
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(a) hunt, if the applicant or registrant provides services requiring registration under this
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part related to hunting; or
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(b) fish, if the applicant or registrant provides services requiring registration under this
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part related to fishing.
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(2) If the division suspends the privilege to hunt or fish under this title of the chief
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executive officer of an outfitter under which an applicant or registrant provides guide
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services, outfitting services, or spotting services:
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(a) during the time period that the chief executive officer's privilege to hunt is
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suspended, the division shall:
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(i) refuse to issue a registration to the applicant for services requiring registration
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under this part related to hunting; and
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(ii) refuse to renew or shall revoke the registration of the registrant for services
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requiring registration under this part related to hunting; and
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(b) during the time period that the chief executive officer's privilege to fish is suspended,
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the division shall:
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(i) refuse to issue a registration to the applicant for services requiring registration
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under this part related to fishing; and
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(ii) refuse to renew or shall revoke the registration of the registrant for services
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requiring registration under this part related to fishing.
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(3) An individual may not use the title "guide," "outfitter," or "spotter" or any other title or
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designation to indicate that the individual is a guide, outfitter, or spotter or acting as a
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guide, outfitter, or spotter unless the individual is registered as a guide, outfitter, or
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spotter under this part.
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(4) An individual may not:
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(a) engage in an activity that would place a registrant's client's, prospective client's, or
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third party's safety at risk, recognizing the inherent risks associated with hunting
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wildlife and the activity engaged in being above and beyond those inherent risks;
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(b) use false, deceptive, or misleading advertising related to providing services as a
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guide, outfitter, or spotter;
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(c) misrepresent services, outcomes, facilities, equipment, or fees to a client or
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prospective client; or
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(d) fail to provide the division with active and current contact information within 30
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days of any changes to the registrant's contact information that was provided to the
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division during registration or the renewal of registration as a guide, outfitter, or
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spotter.
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(5)(a) If an individual violates this part, the division may:
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(i) revoke the certificate of registration of the individual; and
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(ii) suspend the individual's privilege to hunt or fish under this title.
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(b) An individual who violates Subsection (3) or (4) is guilty of a class B misdemeanor
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in accordance with Section 23A-5-301.
419
Section 6. Section 23A-4-1204 is enacted to read:
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23A-4-1204 . Operations of a guide, outfitter, and spotter -- Limits on retaining
421
guide or outfitter -- Spotter.
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(1) Except as provided in Subsections (2) and (3), a person may not compensate an
423
individual to provide guide services, outfitting services, or spotting services in
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connection with or in furtherance of taking protected wildlife on public land.
425
(2) A person may compensate a guide or outfitter to help the person locate and take
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protected wildlife on public land if:
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(a) the guide or outfitter is registered and in good standing under this part;
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(b) the person has retained the guide or outfitter and is the recipient of the guide services
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or outfitting services;
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(c) the person possesses the licenses and permits required to take protected wildlife;
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(d) in total the number of individuals providing services requiring registration under this
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part does not exceed:
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(i) two; or
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(ii) if a guide or outfitter is retained for purposes of taking a moose, bison, bighorn
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sheep, or mountain goat, three;
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(e) subject to Subsection (2)(d), the retained guide or outfitter uses no more than two
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spotters; and
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(f) the person who retains the guide or outfitter is not simultaneously using another
439
guide or outfitter to assist in taking the same species and sex of protected wildlife.
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(3) A registered guide or registered outfitter in good standing may use a spotter if:
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(a) the guide or outfitter is retained by the recipient of the guide services or outfitting
442
services to assist the recipient to take protected wildlife on public land; and
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(b) the guide or outfitter does not use more than the number of spotters allowed under
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Subsections (2)(d) and (e).
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(4)(a) A person who knowingly retains an individual that is not registered under this part
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as a guide or outfitter or who knowingly retains a spotter in violation of this section is
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guilty of a class B misdemeanor, except that, notwithstanding Section 76-3-204, a
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court may not sentence the person to imprisonment or probation.
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(b) The division may suspend a person's privilege to hunt or fish under this title if the
450
person knowingly retains an individual that is not registered under this part as a guide
451
or outfitter or knowingly retains a spotter in violation of this section.
452
Section 7. 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;
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(b) collect, import, possess, transport, propagate, store, donate, transfer, or export
459
protected wildlife or wildlife parts;
460
(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
463
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
465
part of any of these not specifically authorized in this title or a rule, proclamation, or
466
order of the Wildlife Board;
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(e) possess while in pursuit of protected wildlife a weapon, ammunition, implement,
468
tool, device, or any part of any of these not specifically authorized in this title or a
469
rule, proclamation, or order of the Wildlife Board;
470
(f) take protected wildlife using a method, means, process, or practice not specifically
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471
authorized in this title or a rule, proclamation, or order of the Wildlife Board;
472
(g) take protected wildlife outside the season dates, location boundaries, and daily time
473
frames established in rule, proclamation, or order of the Wildlife Board;
474
(h) take protected wildlife in excess of the bag and possession limits established in rule,
475
proclamation, or order of the Wildlife Board;
476
(i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
477
proclamation, or order of the Wildlife Board, or by executive order of the director
478
pursuant to Subsection 23A-2-203(4);
479
(j) practice falconry or capture, possess, or use birds in falconry;
480
(k) take wildlife from an airplane or any other airborne vehicle or device or a motorized
481
terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
482
(l) hold in captivity at any time any live protected wildlife;
483
(m) use or permit a dog or other domestic or trained animal to take protected wildlife;
484
(n) remove, damage, or destroy an occupied nest of protected wildlife;
485
(o) release captured or captive wildlife into the wild;
486
(p) use spotlighting to take protected wildlife;
487
(q) employ or use a means of concealment or camouflage while taking protected wildlife
488
which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
489
(r) possess or use bait or other attractant to take protected wildlife which is prohibited in
490
this title or a rule, proclamation, or order of the Wildlife Board;
491
(s) use a decoy or recorded or electronically amplified call which is prohibited in this
492
title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
493
(t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
494
eggs;
495
(u) use protected wildlife for commercial purposes or financial gain as prohibited by
496
Section 23A-5-304;
497
(v) enter, establish, or hold a contest or tournament involving the taking of protected
498
wildlife;
499
(w) operate or participate in a commercial hunting area as described in Section
500
23A-12-202; [or]
501
(x) operate or participate in a cooperative wildlife management unit as defined in
502
Section 23A-7-101[.] ; or
503
(y)(i) operate or participate in guide, outfitter, or spotter services or activities in
504
violation of Chapter 4, Part 12, Guide, Outfitter, and Spotter; or
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(ii) knowingly retain a guide, outfitter, or spotter in violation of Chapter 4, Part 12,
506
Guide, Outfitter, and Spotter.
507
(2) Possession of protected wildlife without a valid license, permit, tag, certificate of
508
registration, bill of sale, or invoice is prima facie evidence that the protected wildlife
509
was illegally taken and is illegally held in possession.
510
(3) A person is subject to the penalty under Section 23A-5-301 if the person:
511
(a) violates Subsection (1); and
512
(b) does so with criminal negligence as defined in Subsection 76-2-103(4).
513
Section 8. Section 23A-12-301 is amended to read:
514
23A-12-301 . Definitions.
515
(1) The definitions in Section [58-79-102] 23A-4-1201 apply to this part.
516
(2)(a) As used in this part, "waterfowl management area" means real property owned or
517
managed by the division that is:
518
(i) primarily used for the conservation, production, or recreational harvest of ducks,
519
mergansers, geese, brant, swans, and other waterfowl; and
520
(ii) designated as a waterfowl management area by the Wildlife Board in accordance
521
with Section 23A-12-303.
522
(b) "Waterfowl management area" includes the Willard Spur Waterfowl Management
523
Area and the Harold Crane Waterfowl Management Area described in Section
524
23A-6-403.
525
Section 9. Section 23A-12-302 is amended to read:
526
23A-12-302 . Prohibited activities.
527
(1) A commercial [hunting] guide or outfitter may not use a waterfowl management area
528
for any of the following, unless the commercial[ hunting] guide or outfitter has an
529
annual permit, issued by the Wildlife Board pursuant to this part, for the use:
530
(a) [hunting ]guide services or outfitter services; or
531
(b) transportation of an individual to another area for the purpose of providing [hunting ]
532
guide services or outfitter services.
533
(2) An individual may not construct a permanent blind or other permanent structure that is
534
used for hunting within the boundaries of a waterfowl management area.
535
Section 10. Section 23A-12-303 is amended to read:
536
23A-12-303 . Rulemaking -- Notice.
537
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
538
Wildlife Board shall make rules:
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539
(a) designating and establishing the boundaries of a waterfowl management area;
540
(b) governing the management and use of a waterfowl management area in accordance
541
with this part; and
542
(c) to create an annual permit process by which commercial [hunting] guides and
543
outfitters may use waterfowl management areas in accordance with this part.
544
(2) The annual permit process described in Subsection (1)(c) shall:
545
(a) preserve the opportunity for non-guided hunters to use waterfowl management areas;
546
and
547
(b) require a permit holder to comply with safety standards established by the Wildlife
548
Board.
549
(3) The division shall provide an annual report to the Natural Resources, Agriculture, and
550
Environment Interim Committee regarding any rules made or changed in accordance
551
with this part.
552
(4) The Wildlife Board shall publish a map of the boundaries of each waterfowl
553
management area.
554
(5) Nothing in this part modifies or limits:
555
(a) Section 23A-6-403, or the discretion of the division to manage waterfowl
556
management areas for other beneficial purposes, including for the benefit of the
557
public, shorebirds, waterfowl, and other protected wildlife; or
558
(b) the authority of the division, the director, or the Wildlife Board under Chapter 6,
559
Lands and Waters for Wildlife Purposes.
560
Section 11. Repealer.
561
This bill repeals:
562
Section 23A-11-204, Limitation on compensating people to locate big game animals.
563
Section 58-79-101, Title.
564
Section 58-79-102, Definitions.
565
Section 58-79-103, Hunting guide and outfitter rules.
566
Section 58-79-301, Registration required.
567
Section 58-79-302, Qualifications for registration.
568
Section 58-79-303, Term of registration -- Expiration -- Renewal.
569
Section 58-79-304, Exemptions from registration.
570
Section 58-79-401, Grounds for denial of registration -- Disciplinary proceedings.
571
Section 58-79-501, Unlawful conduct.
572
Section 58-79-502, Unprofessional conduct.
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573
Section 12. Effective Date.
574
This bill takes effect on July 1, 2025.
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