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[Utah Code Table of Contents]
[TITLE 23. Table of Contents]
23-23-1 Purposes.
Cooperative wildlife management units are established to:
(1) provide income to landowners;
(2) create satisfying hunting opportunities;
(3) increase wildlife resources;
(4) provide adequate protection to landowners who open their lands for hunting; and
(5) provide access to public and private lands for hunting.
1997
23-23-2 Definitions.
As used in this chapter:
(1) "Cooperative wildlife management unit" or "unit" means a generally contiguous area of land open for hunting small game, waterfowl, cougar, or big game which is registered in accordance with this chapter and rules of the Wildlife Board.
(2) (a) "Cooperative wildlife management unit agent" means a person appointed by a landowner, landowner association, or landowner association operator to perform the functions described in Section 23-23-9 .
(b) For purposes of this chapter, a cooperative wildlife management unit agent may not:
(i) be appointed by the division or the state;
(ii) be an employee or agent of the division;
(iii) receive compensation from the division or the state to act as a cooperative wildlife management unit agent; or
(iv) act as a peace officer or perform any duties of a peace officer without qualifying as a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
(3) "Cooperative wildlife management unit authorization" means a card, label, ticket, or other identifying document authorizing the possessor to hunt small game or waterfowl in a cooperative wildlife management unit.
(4) "Cooperative wildlife management unit permit" means a permit authorizing the possessor to hunt cougar or big game in a cooperative wildlife management unit.
(5) "Division" means the Division of Wildlife Resources.
(6) "Landowner association" means a landowner or an organization of owners of private lands who operates a cooperative wildlife management unit.
(7) (a) "Landowner association operator" means a person designated by a landowner association to operate the cooperative wildlife management unit.
(b) For purposes of this chapter, a landowner association operator may not:
(i) be appointed by the division; or
(ii) be an employee or agent of the division.
2000
23-23-3 Rulemaking authority of Wildlife Board.
The Wildlife Board is authorized to make and enforce rules
applicable to cooperative wildlife management units organized
for the hunting of small game, waterfowl, cougar, or big
game that in its judgment are necessary to administer and
enforce the provisions of this chapter.
2000
23-23-4 Operation by landowner association.
A landowner association shall operate a cooperative wildlife
management unit as prescribed by this chapter and the rules
of the Wildlife Board.
1997
23-23-5 Certificate of registration - Renewal.
(1) A landowner association may not establish or operate a cooperative wildlife management unit without first obtaining a certificate of registration from the Wildlife Board.
(2) The Wildlife Board may renew annually certificates
of registration if the landowner association has previously
complied with this chapter and the rules of the Wildlife
Board.
1997
23-23-6 Season dates - Boundaries - Review by councils and board.
(1) The Wildlife Board shall establish season dates and boundaries for each cooperative wildlife management unit.
(2) Season dates may differ from general statewide season dates.
(3) At least every five years, cooperative wildlife management
units containing public land will be reviewed by the regional
advisory councils and the Wildlife Board.
1997
23-23-7 Permits - Acreage and lands that may be included - Posting of boundaries.
(1) The division shall provide cooperative wildlife management unit authorizations for hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
(2) At least 50% of the cooperative wildlife management unit authorizations for hunting small game or waterfowl provided to a cooperative wildlife management unit shall be offered for sale to the general public at the times and places designated on the application for a certificate of registration.
(3) (a) Cooperative wildlife management units organized for hunting small game or waterfowl shall consist of private land.
(b) At least 75% of the acreage within the boundaries of each cooperative wildlife management unit organized for the hunting of small game or waterfowl shall be open to hunting by holders of valid authorizations.
(4) (a) The division may issue cooperative wildlife management unit permits for hunting cougar or big game to permittees:
(i) qualifying through a public drawing; or
(ii) named by the cooperative wildlife management unit operator.
(b) The Wildlife Board may specify by rule those persons who are eligible to draw a cooperative wildlife management unit permit in a public drawing.
(5) (a) Cooperative wildlife management units organized for hunting cougar or big game shall consist of private land to the extent practicable. Public land may be included within a cooperative wildlife management unit if:
(i) the public land is completely surrounded by private land or is otherwise inaccessible to the general public;
(ii) including public land is necessary to establish a readily identifiable boundary; or
(iii) including public land is necessary to achieve cougar or big game management objectives.
(b) If any public land is included within a cooperative wildlife management unit:
(i) the landowner association shall meet applicable federal or state land use requirements on the public land; and
(ii) the Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportion of public lands to private lands within the cooperative wildlife management unit.
(6) Each landowner association shall:
(a) clearly post all boundaries of the unit by displaying signs containing information prescribed by rule of the Wildlife Board at the locations specified in Subsection 23-20-14 (1)(d); and
(b) provide a written copy of its guidelines to each holder
of an authorization or permit.
2001
23-23-7.5 Landowner association to provide comparable hunting opportunities.
A landowner association shall provide each holder of an
authorization or permit a comparable hunting opportunity
in terms of hunting area and number of days.
1997
23-23-8 Compensation for damage - Claims.
A landowner participating in a cooperative wildlife management unit who incurs damages caused by a hunter on his or her land may submit a claim and receive compensation for the claim from money received for cooperative wildlife management unit authorization or permit fees collected by the landowner association.
(1) These claims shall:
(a) be paid first and have priority over all other obligations of the landowner association;
(b) be reviewed, investigated, and paid by the landowner association; and
(c) not exceed annual revenues of a unit.
(2) A landowner participating in a cooperative wildlife
management unit who incurs damages caused by a hunter on
his or her land may not hold the state liable for compensation.
1997
23-23-9 Agents - Appointment - Identification - Refusal of entry by agent.
(1) A landowner association may appoint cooperative wildlife management unit agents to protect private property of the cooperative wildlife management unit.
(2) Each cooperative wildlife management unit agent shall wear or have in his or her possession a form of identification prescribed by the Wildlife Board which indicates he or she is a cooperative wildlife management unit agent.
(3) A cooperative wildlife management unit agent may refuse entry into private lands within a cooperative wildlife management unit to any person, except an owner of land within the unit and his or her employees, who:
(a) does not have in his or her possession a cooperative wildlife management unit authorization or permit;
(b) endangers or has endangered human safety;
(c) damages or has damaged private property within a cooperative wildlife management unit; or
(d) fails or has failed to comply with reasonable rules of a landowner association.
(4) In performing the functions described in this section,
a cooperative wildlife management unit agent shall comply
with the relevant laws of this state.
1997
23-23-10 Possession of permits and licenses by hunter - Restrictions.
(1) A person may not hunt in a cooperative wildlife management unit without having in his or her possession:
(a) a valid cooperative wildlife management unit authorization or permit or other permit as authorized by the wildlife board; and
(b) the necessary hunting licenses, tags, and stamps.
(2) A cooperative wildlife management unit authorization or permit:
(a) entitles the holder to hunt only in the unit specified on the authorization or permit pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to hunt on any other private or public land; and
(b) constitutes written permission for trespass as required
under Section
23-20-14
.
2000
23-23-11 Failure to comply with rules and requirements.
A person must leave private property within a cooperative wildlife management unit immediately, upon request of a landowner, landowner association operator, or cooperative wildlife management unit agent, if that person:
(1) does not have in his or her possession a cooperative wildlife management unit authorization or permit;
(2) endangers or has endangered human safety;
(3) damages or has damaged private property within a cooperative wildlife management unit; or
(4) fails or has failed to comply with reasonable rules
of a landowner association.
1997
23-23-12 Damage or destruction of property.
A person on the land of another person may not intentionally
damage, disarrange, or destroy that person's property.
1988
23-23-13 Violation of chapter - Class B misdemeanor.
Any person who violates any provision of this chapter
is guilty of a class B misdemeanor, unless another penalty
is provided elsewhere in the laws of this state.
1988
23-23-14 Landowner protection under Landowner Liability Act.
Landowners who participate in cooperative wildlife management
units shall have the full protection afforded under Title
57, Chapter 14, Limitation of Landowner Liability - Public
Recreation.
1997
