Utah 2025 Regular Session

Utah House Bill HB0202 Latest Draft

Bill / Enrolled Version Filed 03/11/2025

                            Enrolled Copy	H.B. 202
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Private Landowner Big Game Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
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 hunting of big game.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ establishes the criteria for a landowner draw;
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▸ provides procedures to become an applicant for a landowner draw;
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▸ addresses receipt of other vouchers;
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▸ addresses the redeeming of a voucher;
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▸ requires compliance with other laws;
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▸ addresses rulemaking; and
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▸ addresses landowners associations.
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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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ENACTS:
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23A-4-711, Utah Code Annotated 1953
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23A-4-712, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 23A-4-711 is enacted to read:
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23A-4-711 . Private landowner vouchers. H.B. 202	Enrolled Copy
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(1) As used in this section:
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(a) "Applicant" means a person who:
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(i) holds a fee simple ownership interest in at least 640 contiguous acres but not more
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than 8,999 contiguous acres of private land in Utah within a limited entry elk unit;
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and
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(ii) has submitted an application to the division to participate in a landowner draw to
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hunt bull elk.
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(b) "Block" means 640 contiguous acres that are not excluded under Subsection (2).
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(c) "Voucher" means an authorization issued by the division that entitles a person to
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purchase a bull elk permit valid for the private land submitted in the application.
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(2)(a) An applicant may enter an annual landowner draw for a bull elk voucher for every
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complete block owned by the applicant.
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(b) The private land that is the basis for determining whether there is a block for an
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application to qualify for a landowner draw shall have at least one common owner
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throughout the private land.
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(c) In order for an applicant to qualify for a landowner draw, all the owners of the
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private land described in Subsection (2)(b) shall agree to the applicant applying for a
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landowner draw.
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(d) Multiple applicants may not submit an application for the same block and the
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division may reject all applications for a block if more than one application is
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received for a single block.
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(e) The following private land is not eligible for purposes of determining a block:
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(i) private land within a cooperative wildlife management unit under Chapter 7,
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Cooperative Wildlife Management Units; or
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(ii) private land within a landowners association program established by the Wildlife
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Board in accordance with Section 23A-4-712.
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(3)(a) The division shall determine the number of vouchers in a bull elk landowner draw
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under this section by allocating an additional 5% of the total number of limited entry
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bull permits available in the public draw within a limited entry elk unit.
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(b) The division shall allocate:
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(i) 50% of the vouchers in a landowner draw to applicants with at least 4,000
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contiguous acres but not more than 8,999 contiguous acres; and
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(ii) 50% of the vouchers in the landowner draw to applicants with at least 640
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contiguous acres but less than 4,000 contiguous acres.
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(c) If there is an odd number of vouchers in a landowner draw, the division shall allocate
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the one extra voucher to:
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(i) applicants described in Subsection (3)(b)(i) in years ending in odd numbers; and
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(ii) applicants described in Subsection (3)(b)(ii) in years ending in even numbers.
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(d) If a limited entry elk unit only has only one voucher available for the bull elk
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landowner draw described in Subsection (3)(a), the division shall allocate that
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voucher to an applicant with acreage of at least 640 contiguous acres but not more
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than 3,999 contiguous acres of private land.
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(4)(a) To qualify as an applicant under Subsection (2), a person shall obtain approval of
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the information described in Subsection (4)(b) by the division.
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(b) To seek approval, a person shall file an application with the division that includes:
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(i) the name of the person;
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(ii) the date of the application;
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(iii) the number of blocks in which the person holds an ownership interest;
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(iv) proof of the ownership interest in the private land for which the person is seeking
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a voucher;
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(v) proof of the number of contiguous acres owned by the person within a limited
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entry elk unit; and
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(vi) the location of the private land for which the person is seeking a voucher.
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(c) The division shall:
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(i) review an application; and
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(ii) verify that property submitted in an application is capable of harboring bull elk
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during the hunting season described in Subsection (5)(b).
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(d) Once a person is approved as an applicant for a landowner draw, the applicant is
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automatically approved each year and does not need to reapply unless there is a
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change in land ownership, acreage, or habitat quality that would affect the person's
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level of participation in the landowner draw. If there is a change in ownership or
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acreage, the person shall file the information required under Subsection (4)(b) to be
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eligible for the next landowner draw.
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(5)(a) An individual may redeem a voucher to obtain a permit to hunt bull elk:
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(i) if the individual is the applicant or is an individual to whom the applicant sells,
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donates, or otherwise transfers the voucher; and
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(ii) conditioned on the individual:
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(A) being otherwise authorized to hunt big game under this title; and
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(B) only hunting under that permit on the contiguous acres of private land owned
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by the applicant within a limited entry elk unit.
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(b) An individual who hunts on the applicant's private land pursuant to a voucher
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redeemed under Subsection (5)(a) may:
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(i) hunt with one type of legal weapon, as defined by the Wildlife Board by rule made
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in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
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and
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(ii) hunt during one of the corresponding season dates for the type of legal weapon
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used by the individual that is established by the Wildlife Board for a bull elk hunt
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on the corresponding limited entry elk unit.
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(6)(a) Except as provided in Subsection (6)(f), an applicant that qualifies for a
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landowner draw under Subsections (2) through (5) and who owns at least 4,000
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contiguous acres of private land but not more than 8,999 contiguous acres of private
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land within a limited entry elk unit may qualify for up to an additional two bull elk
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vouchers annually that are determined by the division based on Subsection (4)(c)(ii)
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and rules for criteria made by the Wildlife Board in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act.
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(b) An individual may redeem a voucher obtained under this Subsection (6) in
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accordance with Subsection (5).
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(c) An applicant described in Subsection (6)(a) may sell, donate, or otherwise transfer a
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voucher received under Subsection (6)(a).
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(d) A voucher under this Subsection (6) is in addition to and not taken from the 5%
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additional bull elk permits that are designated for the landowner draw under
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Subsection (3).
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(e) An applicant that receives a voucher under this Subsection (6) may also enter a
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landowner draw for a bull elk voucher in accordance with Subsection (2).
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(f) The division may eliminate or reduce the number of vouchers issued to an applicant
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under Subsection (6)(a) for any year in which the average age of the harvested bull
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elk in the limited entry elk unit where the voucher applies is lower than the age
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objective in the applicable elk management plan. The elimination or reduction of
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vouchers under this Subsection (6)(f) applies until the average age of the harvested
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bull elk for that limited entry elk unit in a year equals or exceeds the age objective in
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the applicable elk management plan.
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(g) The division shall review a voucher issued under Subsection (6)(a) every three years
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to determine if the correct number of vouchers are being issued based on Subsection
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(4)(c)(ii) and rules described in Subsection (6)(a).
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(h) This Subsection (6) does not apply to land or a landowner within a limited entry elk
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unit that has a landowners association on May 7, 2025, or that is a member of a
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landowners association on May 7, 2025.
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(i) This Subsection (6) does not apply to land or a landowner that has the option of
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joining a cooperative wildlife management unit or who is in a cooperative wildlife
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management unit that is issued a certificate of registration before May 7, 2025.
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(7) During the fiscal year in which an applicant receives a bull elk voucher, the applicant
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may not receive a depredation bull elk permit or submit a claim for compensation for
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wildlife damage to the applicant's private land within the limited entry elk unit.
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(8) An individual who redeems a voucher under this section shall comply with the other
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applicable provisions of this title and rules or proclamations of the Wildlife Board.
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(9)(a) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act, that are necessary to administer this section.
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(b) Notwithstanding Subsection (9)(a), a rule made by the Wildlife Board shall be
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consistent with this section.
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Section 2.  Section 23A-4-712 is enacted to read:
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23A-4-712 . Landowners association program.
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(1) As used in this section:
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(a) "Landowners association" means an organization consisting of private landowners
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working with the division to implement this section and whose land:
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(i) provides habitat for deer, elk, or pronghorn as determined by the division; and
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(ii) is not enrolled in another private lands permit program.
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(b) "Voucher" means an authorization issued by the division to a landowner that entitles
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the landowner or a permitted transferee of the landowner to purchase a permit from
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the division.
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(2) The landowners association program under this section:
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(a) provides an incentive for a private landowner to manage the private landowner's land
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as quality habitat for public wildlife;
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(b) assists and supports the division in managing big game populations;
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(c) increases private landowner tolerance of big game on the private landowner's private
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land;
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(d) increases big game hunting opportunities;
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(e) increases and secures public hunting access on a participating landowner's private
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land;
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(f) reduces the division's obligations in responding to and compensating for depredation
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events occurring on private lands;
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(g) uses objective criteria to determine how hunting opportunities are allocated to the
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landowners association program; and
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(h) allocates hunting opportunities in a manner that fluctuates in proportion to variations
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in public draw permits.
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(3) A landowners association may not be established or operate without first obtaining a
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certificate of registration from the Wildlife Board.
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(4)(a) The division shall establish the number of limited entry landowners association
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program vouchers available on an annual basis by:
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(i) identifying the total number of public draw permits in a limited entry unit for the
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previous hunt year;
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(ii) identifying the total acreage of private land in a limited entry unit enrolled in the
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landowners association;
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(iii) calculating the percentage of habitat of a big game species in the landowners
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association by dividing the habitat acreage represented by the landowners
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association by the habitat acreage in the whole limited entry unit; and
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(iv) applying the percentage described in Subsection (4)(a)(iii) to the total number of
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available public draw permits from the previous year to determine the number of
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limited entry landowners association program vouchers to be allocated to the
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landowners association.
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(b) The division shall round numbers when determining permit numbers by rounding
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down when the number is .49 or less and rounding up when the number is .50 or
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greater.
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(c) An approved landowners association that qualifies for less than one voucher under
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Subsection (4)(a) does not receive a voucher under Subsection (4)(a), but shall
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annually receive one voucher in accordance with Subsection (4)(d).
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(d) The division shall annually allocate one additional voucher to each landowners
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association described in Subsection (4)(a) or (c).
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(5) A landowner participating in the landowners association program may not submit a
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claim for compensation for wildlife damage under Chapter 8, Part 4, Damage by Big
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Game, to the landowner's private land that is enrolled in the landowners association
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program.
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(6) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, and enforce rules applicable to the landowners
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association program organized for the hunting of big game that in the Wildlife Board's
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judgment are necessary to administer and enforce this section.
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Section 3.  Effective Date.
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This bill takes effect on May 7, 2025.
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