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[Utah Code Table of Contents]
[TITLE 23. Table of Contents]
23-13-1 Short title - "Wildlife Resources Code of Utah."
This act shall be known and may be cited as the "Wildlife
Resources Code of Utah."
1971
23-13-2 Definitions.
As used in this title:
(1) "Activity regulated under this title" means any act, attempted act, or activity prohibited or regulated under any provision of Title 23 or the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
(a) fishing;
(b) hunting;
(c) trapping;
(d) taking;
(e) permitting any dog, falcon, or other domesticated animal to take;
(f) transporting;
(g) possessing;
(h) selling;
(i) wasting;
(j) importing;
(k) exporting;
(l) rearing;
(m) keeping;
(n) utilizing as a commercial venture; and
(o) releasing to the wild.
(2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
(3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or amphibians.
(4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
(5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that one person may legally take during one day.
(6) "Big game" means species of hoofed protected wildlife.
(7) "Carcass" means the dead body of an animal or its parts.
(8) "Certificate of registration" means a document issued under this title, or any rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag.
(9) "Closed season" means the period of time during which the taking of protected wildlife is prohibited.
(10) "Conservation officer" means a full-time, permanent employee of the Division of Wildlife Resources who is POST certified as a peace or a special function officer.
(11) "Dedicated hunter program" means a program that provides:
(a) expanded hunting opportunities;
(b) opportunities to participate in projects that are beneficial to wildlife; and
(c) education in hunter ethics and wildlife management principles.
(12) "Division" means the Division of Wildlife Resources.
(13) (a) "Domicile" means the place:
(i) where an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to return; and
(iii) in which the individual, and the individual's family voluntarily reside, not for a special or temporary purpose, but with the intention of making a permanent home.
(b) To create a new domicile an individual must:
(i) abandon the old domicile; and
(ii) be able to prove that a new domicile has been established.
(14) "Endangered" means wildlife designated as such pursuant to Section 3 of the federal Endangered Species Act of 1973.
(15) "Fee fishing facility" has the meaning provided in Section 4-37-103 .
(16) "Feral" means an animal which is normally domesticated but has reverted to the wild.
(17) "Fishing" means to take fish or crayfish by any means.
(18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar.
(19) "Game" means wildlife normally pursued, caught, or taken by sporting means for human use.
(20) (a) "Guide" means a person who receives compensation or advertises services for assisting another person to take protected wildlife.
(b) Assistance under Subsection (20)(a) includes the provision of food, shelter, or transportation, or any combination of these.
(21) "Guide's agent" means a person who is employed by a guide to assist another person to take protected wildlife.
(22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any means.
(23) "Intimidate or harass" means to physically interfere with or impede, hinder, or diminish the efforts of an officer in the performance of the officer's duty.
(24) "Nonresident" means a person who does not qualify as a resident.
(25) "Open season" means the period of time during which protected wildlife may be legally taken.
(26) "Pecuniary gain" means the acquisition of money or something of monetary value.
(27) "Permit" means a document, including a stamp, which grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board.
(28) "Person" means an individual, association, partnership, government agency, corporation, or an agent of the foregoing.
(29) "Possession" means actual or constructive possession.
(30) "Possession limit" means the number of bag limits one individual may legally possess.
(31) (a) "Private fish installation" means a body of water where privately owned, protected aquatic wildlife are propagated or kept.
(b) "Private fish installation" does not include any aquaculture facility or fee fishing facility.
(32) "Private wildlife farm" means an enclosed place where privately owned birds or furbearers are propagated or kept and which restricts the birds or furbearers from:
(a) commingling with wild birds or furbearers; and
(b) escaping into the wild.
(33) "Proclamation" means the publication used to convey a statute, rule, policy, or pertinent information as it relates to wildlife.
(34) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection (3), except as provided in Subsection (34)(b).
(b) "Protected aquatic wildlife" does not include aquatic insects.
(35) (a) "Protected wildlife" means wildlife as defined in Subsection (49), except as provided in Subsection (35)(b).
(b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel, jack rabbit, muskrat, and raccoon.
(36) "Released to the wild" means to be turned loose from confinement.
(37) (a) "Resident" means a person who:
(i) has been domiciled in the state of Utah for six consecutive months immediately preceding the purchase of a license; and
(ii) does not claim residency for hunting, fishing, or trapping in any other state or country.
(b) A Utah resident retains Utah residency if that person leaves this state:
(i) to serve in the armed forces of the United States or for religious or educational purposes; and
(ii) complies with Subsection (37)(a)(ii).
(c) (i) A member of the armed forces of the United States and dependents are residents for the purposes of this chapter as of the date the member reports for duty under assigned orders in the state if the member:
(A) is not on temporary duty in this state; and
(B) complies with Subsection (37)(a)(ii).
(ii) A copy of the assignment orders must be presented to a wildlife division office to verify the member's qualification as a resident.
(d) A nonresident attending an institution of higher learning in this state as a full-time student may qualify as a resident for purposes of this chapter if the student:
(i) has been present in this state for 60 consecutive days immediately preceding the purchase of the license; and
(ii) complies with Subsection (37)(a)(ii).
(e) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping is purchased in any other state or country.
(f) An absentee landowner paying property tax on land in Utah does not qualify as a resident.
(38) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading.
(39) "Small game" means species of protected wildlife:
(a) commonly pursued for sporting purposes; and
(b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey, cougar, and bear.
(40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for human consumption.
(41) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed.
(42) "Tag" means a card, label, or other identification device issued for attachment to the carcass of protected wildlife.
(43) "Take" means to:
(a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected wildlife; or
(b) attempt any action referred to in Subsection (43)(a).
(44) "Threatened" means wildlife designated as such pursuant to Section 3 of the federal Endangered Species Act of 1973.
(45) "Trapping" means taking protected wildlife with a trapping device.
(46) "Trophy animal" means an animal described as follows:
(a) deer - any buck with an outside antler measurement of 24 inches or greater;
(b) elk - any bull with six points on at least one side;
(c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
(d) moose - any bull;
(e) mountain goat - any male or female;
(f) pronghorn antelope - any buck with horns exceeding 14 inches; or
(g) bison - any bull.
(47) "Waste" means to abandon protected wildlife or to allow protected wildlife to spoil or to be used in a manner not normally associated with its beneficial use.
(48) "Water pollution" means the introduction of matter or thermal energy to waters within this state which:
(a) exceeds state water quality standards; or
(b) could be harmful to protected wildlife.
(49) "Wildlife" means:
(a) crustaceans, including brine shrimp and crayfish;
(b) mollusks; and
(c) vertebrate animals living in nature, except feral
animals.
2004
23-13-3 Wildlife declared property of the state.
All wildlife existing within this state, not held by private
ownership and legally acquired, is the property of the state.
1992
23-13-4 Captivity of protected wildlife unlawful.
It is unlawful for any person to hold in captivity at
any time any protected wildlife except as provided by this
code or rules and regulations of the Wildlife Board.
1971
23-13-5 Importation or exportation and release of wildlife unlawful.
It is unlawful for any person to import into or export
from the state of Utah any species of live native or exotic
wildlife or to possess or release from captivity any such
imported live wildlife except as provided in this code or
the rules and regulations of the Wildlife Board without first
securing written permission from the division of Wildlife
Resources.
1973
23-13-6 Taking of wildlife by division.
The Division of Wildlife resources may take wildlife of
any kind from any place and in any manner for purposes deemed
by the director to be in the interest of wildlife conservation.
1995
23-13-7 Use of fireworks and explosives by division employees and certain federal game agents.
Notwithstanding any other provision of law, employees
of the Division of Wildlife Resources and federal game agents
charged with the duty of managing wildlife resources may,
without obtaining a permit, use fireworks and explosives
to rally, drive, or otherwise disperse concentrations of
wildlife as may be necessary to protect property or wildlife
resources.
1986
23-13-8 Private wildlife farms.
(1) Any person may establish and maintain private wildlife farms for propagating, rearing, and keeping furbearers or birds classified as protected wildlife and may sell or dispose of wildlife reared upon such farms except that disposal may not include release to the wild without first securing written permission from the Wildlife Board. Before establishing such farm, a person shall obtain written authorization from the Division of Wildlife Resources in accordance with rules established by the Wildlife Board. Any wildlife which escapes from private wildlife farms becomes the property of the state.
(2) This section does not apply to private fur farms established
and maintained for rearing domesticated, privately owned
mink or chinchilla which were not acquired as wild animals
from any state or country, nor does it provide for the propagating,
rearing, and keeping of any protected wildlife other than
those specified in this section.
1986
23-13-11 Violations.
(1) Unless otherwise provided, a violation of any provision of this title is a class B misdemeanor.
(2) A violation of any rule or proclamation of the Wildlife
Board is a class C misdemeanor.
1995
23-13-12.5 Agreement with a tribe.
(1) As used in this section, "tribe" means a federally recognized:
(a) Indian tribe; or
(b) Indian band.
(2) (a) Subject to the requirements of this section, the governor may enter into an agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting, fishing, or trapping right claim that is:
(i) based on:
(A) a treaty;
(B) an aboriginal right; or
(C) other recognized federal right; and
(ii) on lands located within the state.
(b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection (2)(a) may not exempt any person from the requirements of this title.
(c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a tribe that is a party to the agreement or a member of that tribe from:
(i) Section 23-16-5 , placing a limit of one of any species of big game during a license year;
(ii) Section 23-16-6 , commencement date of the general deer season;
(iii) a hunter or furharvester education requirement under Chapter 19, Licenses, Permits, and Tags;
(iv) an age restriction under Chapter 19, Licenses, Permits, and Tags;
(v) paying a fee required under this title to obtain a hunting, fishing, or trapping license or permit;
(vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
(vii) complying with a rule or proclamation of the Wildlife Board if the exemption is not inconsistent with this title.
(d) An agreement permitted under Subsection (2)(a) shall:
(i) be in writing;
(ii) be signed by:
(A) the governor; and
(B) the governing body of the tribe that:
(I) is designated by the tribe; and
(II) may bind the tribe to the terms of the agreement;
(iii) be conditioned on obtaining any approval required by federal law;
(iv) state the effective date of the agreement;
(v) provide that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute for which an exemption is not authorized under this section; and
(vi) include any accommodation made by the tribe that:
(A) is agreed to by the tribe;
(B) is reasonably related to the agreement; and
(C) concerns the management and use of wildlife resources or habitat.
(e) Prior to executing an agreement under this Subsection (2), the governor shall consult with:
(i) the division; and
(ii) the chair of the Wildlife Board created in Section 23-14-2 .
(f) At least 30 days before the agreement under this Subsection (2) is executed, the governor or the governor's designee shall provide a copy of the agreement in the form that the agreement will be executed to:
(i) the chairs of the Native American Legislative Liaison Committee; and
(ii) the Office of Legislative Research and General Counsel.
2002
23-13-13 Commercialization of wildlife unlawful.
It shall be unlawful for any person to utilize wildlife
as a commercial venture for financial gain except as provided
in this code or under rules and regulations of the Wildlife
Board.
1975
23-13-14 Release of wildlife unlawful - Penalty.
It is unlawful for any person to release any terrestrial
or aquatic wildlife into the wild except as provided in this
title. Any person who violates the provisions of this section
is guilty of a class A misdemeanor.
1986
23-13-15 Hunting and Fishing Day.
In recognition of the substantial and continued contribution
by hunters and fishermen toward the sound management of wildlife
in Utah, the fourth Saturday of September of each year is
hereby established as Utah State Hunting and Fishing Day.
1973
23-13-16 Judicial notice of proclamations.
The courts shall take judicial notice of any proclamation
published under the authority of this title.
1992
23-13-17 Spotlighting of coyote, red fox, striped skunk, and raccoon - County ordinances - Permits.
(1) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon where allowed by a county ordinance enacted pursuant to this section.
(2) The ordinance shall provide that:
(a) any artificial light used to spotlight coyote, red fox, striped skunk, or raccoon must be carried by the hunter;
(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may not be used to spotlight the animal; and
(c) while hunting with the use of an artificial light, the hunter may not occupy or operate any motor vehicle.
(3) For purposes of the county ordinance, "motor vehicle" shall have the meaning as defined in Section 41-6a-102 .
(4) The ordinance may specify:
(a) the time of day and seasons when spotlighting is permitted;
(b) areas closed or open to spotlighting within the unincorporated area of the county;
(c) safety zones within which spotlighting is prohibited;
(d) the weapons permitted; and
(e) penalties for violation of the ordinance.
(5) (a) A county may restrict the number of hunters engaging in spotlighting by requiring a permit to spotlight and issuing a limited number of permits.
(b) (i) A fee may be charged for a spotlighting permit.
(ii) Any permit fee shall be established by the county ordinance.
(iii) Revenues generated by the permit fee shall be remitted to the Division of Wildlife Resources for deposit into the Wildlife Resources Account, except the Wildlife Board may allow any county that enacts an ordinance pursuant to this section to retain a reasonable amount to pay for the costs of administering and enforcing the ordinance, provided this use of the permit revenues does not affect federal funds received by the state under 16 U.S.C. Sec. 669 et seq., Wildlife Restoration Act and 16 U.S.C. Sec. 777 et seq., Sport Fish Restoration Act.
(6) A county may require hunters to notify the county sheriff of the time and place they will be engaged in spotlighting.
(7) The requirement that a county ordinance must be enacted before a person may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
(a) a person or his agent who is lawfully acting to protect his crops or domestic animals from predation by those animals; or
(b) an animal damage control agent acting in his official
capacity under a memorandum of agreement with the division.
2005
