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[Utah Code Table of Contents]
[TITLE 23. Table of Contents]
23-14-1 Division of Wildlife Resources - Creation - General powers and duties - Limits on authority of political subdivisions.
(1) (a) There is created the Division of Wildlife Resources within the Department of Natural Resources under the administration and general supervision of the executive director of the Department of Natural Resources.
(b) The Division of Wildlife Resources is the wildlife authority for Utah and is vested with the functions, powers, duties, rights, and responsibilities provided in this title and other law.
(2) (a) Subject to the broad policymaking authority of the Wildlife Board, the Division of Wildlife Resources shall protect, propagate, manage, conserve, and distribute protected wildlife throughout the state.
(b) The Division of Wildlife Resources is appointed as the trustee and custodian of protected wildlife and may initiate civil proceedings, in addition to criminal proceedings provided for in this title, to:
(i) recover damages;
(ii) compel performance;
(iii) compel substitution;
(iv) restrain or enjoin;
(v) initiate any other appropriate action; and
(vi) seek any appropriate remedies in its capacity as trustee and custodian.
(3) (a) If a political subdivision of the state adopts ordinances or regulations concerning hunting, fishing, or trapping that conflict with this title or rules promulgated pursuant to this title, state law shall prevail.
(b) Communities may close areas to hunting for safety
reasons after confirmation by the Wildlife Board.
1995
23-14-2 Wildlife Board - Creation - Membership - Terms - Quorum - Meetings - Per diem and expenses.
(1) There is created a Wildlife Board which shall consist of seven members appointed by the governor with the consent of the Senate.
(2) (a) The members of the board shall have expertise or experience in at least one of the following areas:
(i) wildlife management or biology;
(ii) habitat management, including range or aquatic;
(iii) business, including knowledge of private land issues; and
(iv) economics, including knowledge of recreational wildlife uses.
(b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at least one member of the Wildlife Board.
(3) (a) The governor shall select each board member from a list of nominees submitted by the nominating committee pursuant to Section 23-14-2.5 .
(b) No more than two members shall be from a single wildlife region described in Subsection 23-14-2.6 (1).
(c) The governor may request an additional list of at least two nominees from the nominating committee if the initial list of nominees for a given position is unacceptable.
(d) (i) If the governor fails to appoint a board member within 60 days after receipt of the initial or additional list, the nominating committee shall make an interim appointment by majority vote.
(ii) The interim board member shall serve until the matter is resolved by the committee and the governor or until the board member is replaced pursuant to this chapter.
(4) (a) Except as required by Subsection (4)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a six-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that:
(i) the terms of board members are staggered so that approximately 1/3 of the board is appointed every two years; and
(ii) members serving from the same region have staggered terms.
(c) If a vacancy occurs, the nominating committee shall submit two names, as provided in Subsection 23-14-2.5 (4), to the governor and the governor shall appoint a replacement for the unexpired term.
(d) Board members may serve only one term unless:
(i) the member is among the first board members appointed to serve four years or less; or
(ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
(5) (a) The board shall elect a chair and a vice chair from its membership.
(b) Four members of the board shall constitute a quorum.
(c) The director of the Division of Wildlife Resources shall act as secretary to the board but shall not be a voting member of the board.
(6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year to expeditiously conduct its business.
(b) Meetings may be called by the chair upon five days notice or upon shorter notice in emergency situations.
(c) Meetings may be held at the Salt Lake City office of the Division of Wildlife Resources or elsewhere as determined by the Wildlife Board.
(7) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(8) (a) The members of the Wildlife Board shall complete an orientation course to assist them in the performance of the duties of their office.
(b) The Department of Natural Resources shall provide
the course required under Subsection (8)(a).
2002
23-14-2.1 Procedures - Adjudicative proceedings.
The Division of Wildlife Resources shall comply with the
procedures and requirements of Title 63, Chapter 46b, in
its adjudicative proceedings.
1987
23-14-2.5 Wildlife Board Nominating Committee - Creation - Membership - Terms - Quorum.
(1) There is created a Wildlife Board Nominating Committee which shall consist of 11 members.
(2) The governor shall appoint members to the nominating committee as follows:
(a) three members shall be appointed from a list of at least two nominees per position submitted by the agriculture industry;
(b) three members shall be appointed from a list of at least two nominees per position submitted by sportsmen groups;
(c) two members shall be appointed from a list of at least two nominees per position submitted by nonconsumptive wildlife interests;
(d) one member shall be appointed from a list of at least two nominees submitted by federal land management agencies;
(e) one local elected official shall be appointed from a list of at least two nominees submitted by the Utah Association of Counties; and
(f) one range management specialist shall be appointed from a list of at least two nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah Chapter, Wildlife Society.
(3) Each wildlife region described in Subsection 23-14-2.6 (1) shall be represented by at least one member and no wildlife region may be represented by more than three members.
(4) The nominating committee shall nominate at least two, but not more than four, candidates for each position or vacancy which occurs on the board.
(5) (a) Except as required by Subsection (5)(b), as terms of current board members expire, the governor shall appoint each new or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that:
(i) the terms of board members are staggered so that approximately half of the board is appointed every two years; and
(ii) members from the same wildlife region serve staggered terms.
(c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the same manner that the position was originally filled to serve the remainder of the unexpired term.
(6) The nominating committee shall select a chair and vice chair from its membership.
(7) Six members shall constitute a quorum.
2003
23-14-2.6 Regional advisory councils - Creation - Membership - Duties - Per diem and expenses.
(1) There are created five regional advisory councils which shall consist of 12 to 15 members each from the wildlife region whose boundaries are established for administrative purposes by the division.
(2) The members shall include individuals who represent the following groups and interests:
(a) agriculture;
(b) sportsmen;
(c) nonconsumptive wildlife;
(d) locally elected public officials;
(e) federal land agencies; and
(f) the public at large.
(3) The executive director of the Department of Natural Resources, in consultation with the director of the Division of Wildlife Resources, shall select the members from a list of nominees submitted by the respective interest group or agency.
(4) The councils shall:
(a) hear broad input, including recommendations, biological data, and information regarding the effects of wildlife;
(b) gather information from staff, the public, and government agencies; and
(c) make recommendations to the Wildlife Board in an advisory capacity.
(5) (a) Except as required by Subsection (b), each member shall serve a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(7) The councils shall determine:
(a) the time and place of meetings; and
(b) any other procedural matter not specified in this chapter.
(8) Members of the councils shall complete an orientation course as provided in Subsection 23-14-2 (8).
(9) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the council at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per
diem and expenses for their service.
1997
23-14-3 Powers of division to determine facts - Policy-making powers of Wildlife Board.
(1) The Division of Wildlife Resources may determine the facts relevant to the wildlife resources of this state.
(2) (a) Upon a determination of these facts, the Wildlife Board shall establish the policies best designed to accomplish the purposes and fulfill the intent of all laws pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction, and management of wildlife.
(b) In establishing policy, the Wildlife Board shall:
(i) recognize that wildlife and its habitat are an essential part of a healthy, productive environment;
(ii) recognize the impact of wildlife on man, his economic activities, private property rights, and local economies;
(iii) seek to balance the habitat requirements of wildlife with the social and economic activities of man;
(iv) recognize the social and economic values of wildlife, including fishing, hunting, and other uses; and
(v) seek to maintain wildlife on a sustainable basis.
(c) (i) The Wildlife Board shall consider the recommendations of the regional advisory councils established in Section 23-14-2.6 .
(ii) If a regional advisory council recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a written explanation to the regional advisory council.
(3) No authority conferred upon the Wildlife Board by
this title shall supersede the administrative authority of
the executive director of the Department of Natural Resources
or the director of the Division of Wildlife Resources.
1995
23-14-7 Functions and qualifications of director.
(1) The director shall:
(a) be the executive and administrative head of the Division of Wildlife Resources; and
(b) have demonstrated ability in management and administration and experience in the protection, conservation, restoration, and management of wildlife resources.
(2) The director may not hold any other public office
or be involved in a political party or organization.
1995
23-14-8 Director - Executive authority and control - Power to declare emergency seasons.
The director of the Division of Wildlife Resources, under administrative supervision of the executive director of the Department of Natural Resources, shall have:
(1) executive authority and control of the Division of Wildlife Resources so that policies of the Wildlife Board are carried out in accordance with the laws of this state;
(2) authority over all personnel matters;
(3) full control of all property acquired and held for the purposes specified in this title; and
(4) authority to declare emergency closed or open seasons
in the interest of the wildlife resources of the state.
1995
23-14-9 Bonding of division employees.
Each employee of the Division of Wildlife Resources shall
be bonded by a surety company in such form and in such amount
as the Division of Finance shall determine.
1992
23-14-10 Compensation of division employees - Travel expenses of director and employees.
Employees of the Division of Wildlife Resources shall
receive such compensation as the director shall determine
within limits established for state employees by the Division
of Finance. In addition to salaries provided for within this
title, the director and employees of the Division of Wildlife
Resources are entitled to receive travel expenses as provided
in the rules established by the Division of Finance.
1989
23-14-11 Official seal of division.
The Division of Wildlife Resources shall adopt an official
seal and file an impression and a description of it with
the Division of Archives.
1984
23-14-12 Oaths administered by director.
The director of wildlife resources shall have the power
to administer oaths for all purposes required in the discharge
of his duties.
1971
23-14-13 Wildlife Resources Account.
(1) The Wildlife Resources Account within the General Fund is established.
(2) The following monies shall be deposited into the Wildlife Resources Account:
(a) revenue from the sale of licenses, permits, tags, and certificates of registration issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise provided by this title;
(b) revenue from the sale, lease, rental, or other granting of rights of real or personal property acquired with revenue specified in Subsection (a);
(c) revenue from fines and forfeitures for violations of this title or any rule, proclamation, or order of the Wildlife Board, minus court costs not to exceed the schedule adopted by the Judicial Council;
(d) funds appropriated from the General Fund by the Legislature pursuant to Section 23-19-39 ;
(e) other monies received by the division under any provision of this title, except as otherwise provided by this title; and
(f) interest, dividends, or other income earned on account monies.
(3) Monies in the Wildlife Resources Account shall be
used for the administration of this title.
1995
23-14-14 Grants or gifts accepted by division - Special account.
The Division of Wildlife Resources is authorized to accept
grants or gifts of money, property, water rights or other
endowments that will benefit the wildlife resources of the
state. Moneys as received shall be placed in a special account
to be used for specific use as indicated by the grantor.
1971
23-14-14.1 Wolf Depredation and Management Restricted Account - Interest - Use of contributions and interest.
(1) There is created within the General Fund the Wolf Depredation and Management Restricted Account.
(2) The account shall be funded by contributions deposited into the Wolf Depredation and Management Restricted Account in accordance with Section 59-10-550.1 .
(3) (a) The Wolf Depredation and Management Restricted Account shall earn interest.
(b) Interest earned on the Wolf Depredation and Management Restricted Account shall be deposited into the Wolf Depredation and Management Restricted Account.
(4) (a) Subject to Subsection (4)(b), contributions and interest deposited into the Wolf Depredation and Management Restricted Account shall be used by the Division of Wildlife Resources for:
(i) payments for livestock depredation by wolves; or
(ii) wolf management.
(b) Contributions and interest deposited into the Wolf
Depredation and Management Restricted Account may be used
for the purposes described in Subsection (4)(a) only to the
extent permitted by federal law.
2003
23-14-16 Unexpended fund balances converted to general fund account.
The state auditor and director of the Division of Finance
shall, at the close of the fiscal year, convert into the
Wildlife Resources Account in the General Fund all unexpended
balances of the wildlife resources fund not legally obligated
by contract or appropriated by the Wildlife Board for capital
outlay projects or other programs which may extend beyond
the close of the fiscal year.
1992
23-14-18 Establishment of seasons, locations, limits, and regulations by Wildlife Board.
(1) To provide an adequate and flexible system of protection, propagation, introduction, increase, control, harvest, management, and conservation of protected wildlife in this state and to provide for the use and development of protected wildlife for public recreation and food supply while maintaining a sustainable population of protected wildlife, the Wildlife Board shall determine the circumstances, time, location, means, and the amounts, and numbers of protected wildlife which may be taken.
(2) The Wildlife Board shall, except as otherwise specified in this code:
(a) fix seasons and shorten, extend, or close seasons on any species of protected wildlife in any locality, or in the entire state, if the board finds that the action is necessary to effectuate proper wildlife management and control;
(b) close or open areas to fishing, trapping, or hunting;
(c) establish refuges and preserves;
(d) regulate and prescribe the means by which protected wildlife may be taken;
(e) regulate the transportation and storage of protected wildlife, or their parts, within the boundaries of the state and the shipment or transportation out of the state;
(f) establish or change bag limits and possession limits;
(g) prescribe safety measures and establish other regulations as may be considered necessary in the interest of wildlife conservation and the safety and welfare of hunters, trappers, fishermen, landowners, and the public;
(h) (i) prescribe when licenses, permits, tags, and certificates of registration shall be required and procedures for their issuance and use; and
(ii) establish forms and fees for licenses, permits, tags, and certificates of registration; and
(i) prescribe rules and regulations as it may consider necessary to control the use and harvest of protected wildlife by private associations, clubs, partnerships, or corporations, provided the rules and regulations do not preclude the landowner from personally controlling trespass upon the owner's properties nor from charging a fee to trespass for purposes of hunting or fishing.
(3) The Wildlife Board may allow a season on protected wildlife to commence on any day of the week except Sunday.
(4) The Wildlife Board shall establish fees for licenses,
permits, tags, and certificates of registration in accordance
with Section
63-38-3.2
.
2001
23-14-19 Rules, proclamations, and orders of the Wildlife Board.
The Wildlife Board shall exercise its powers by making
rules and issuing proclamations and orders pursuant to this
code.
1995
23-14-21 Transplants of big game, turkeys, wolves, or sensitive species.
(1) The division may transplant big game, turkeys, wolves, or sensitive species only in accordance with:
(a) a list of sites for the transplant of a particular species that is prepared and adopted in accordance with Subsections (2) through (5);
(b) a species management plan, such as a deer or elk management plan adopted under Section 23-16-7 or a recovery plan for a threatened or endangered species, provided that:
(i) the plan identifies sites for the transplant of the species or the lands or waters the species are expected to occupy; and
(ii) the public has had an opportunity to comment and make recommendations on the plan; or
(c) a legal agreement between the state and a tribal government that identifies potential transplants; and
(d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
(2) The division shall:
(a) consult with the landowner in determining the suitability of a site for the transplant of a species;
(b) prepare a list of proposed sites for the transplant of species;
(c) provide notification of proposed sites for the transplant of species to:
(i) local government officials having jurisdiction over areas that may be affected by a transplant; and
(ii) the Resource Development Coordinating Committee created in Section 63-38d-501 .
(3) After receiving comments from local government officials and the Resource Development Coordinating Committee, the division shall submit the list of proposed transplant sites, or a revised list, to regional advisory councils for regions that may be affected by the transplants of species.
(4) Each regional advisory council reviewing a list of proposed sites for the transplant of species may submit recommendations to the Wildlife Board.
(5) The Wildlife Board shall approve, modify, or reject each proposal for the transplant of a species.
(6) Each list of proposed transplant sites approved by
the Wildlife Board shall have a termination date after which
a transplant may not occur.
2003
