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[Utah Code Table of Contents]
[TITLE 23. Table of Contents]
23-19-1 Possession of licenses, certificates of registration, permits, and tags required - Nonassignability - Exceptions - Free fishing day.
(1) A person may not engage in hunting, trapping, fishing, or seining protected wildlife or in the sale, trade, or barter of protected wildlife or their parts without first having procured the necessary licenses, certificates of registration, permits, and tags as provided under this chapter and having at the same time the licenses, certificates of registration, permits, and tags on his or her person, except as provided under Subsection (3).
(2) (a) Except as provided in Subsection (2)(b) a person may not:
(i) lend, transfer, sell, give, or assign licenses, certificates of registration, permits, or tags belonging to the person or the rights granted by licenses, certificates of registration, permits, or tags; or
(ii) use or attempt to use a license, certificate of registration, permit, or tag of another person.
(b) The Wildlife Board may make exceptions to the prohibitions specified in Subsection (2)(a) for purposes of:
(i) transporting wildlife;
(ii) taking protected wildlife for a person who has a permanent physical impairment due to injury or disease, congenital or acquired, which renders the person so severely disabled as to be physically unable to use a legal hunting weapon or fishing device; or
(iii) transferring a certificate of registration to harvest brine shrimp and brine shrimp eggs to another person, if the certificate is transferred in connection with the sale or transfer of the brine shrimp harvest operation or the harvesting equipment, subject to the restrictions referred to under Subsection (2)(c).
(c) (i) A certificate of registration to harvest brine shrimp and brine shrimp eggs may not be transferred without the approval of the division.
(ii) Application to allow the transfer of a certificate of registration to harvest brine shrimp and brine shrimp eggs shall be made to the division on a form prescribed and furnished by it.
(iii) The division may grant a transfer of a certificate of registration to harvest brine shrimp and brine shrimp eggs if the proposed transferee meets all the requirements necessary to obtain an original certificate of registration.
(3) No license, certificate of registration, permit, or tag is required to:
(a) fish on a free fishing day which the Wildlife Board may establish each year under rules prescribed by the board;
(b) fish at a private fish installation operated in accordance with Section 23-15-10 ; or
(c) hunt birds on a commercial hunting area that the owner
or operator is authorized to propagate, keep, and release
for shooting pursuant to a certificate of registration issued
under Section
23-17-6
.
2003
23-19-2 License and certificate forms prescribed by Wildlife Board.
(1) The Wildlife Board shall prescribe the form of license or certificate of registration to be used for hunting, fishing, trapping, seining, and dealing in furs.
(2) Any license issued pursuant to Section
23-19-36
shall be designated as such by a code number
and shall contain no reference to the licensee's disability.
1999
23-19-3 Special tags as supplements to licenses and permits.
The division may issue, as supplements to appropriate
licenses and permits, special tags for protected wildlife,
as determined by the Wildlife Board.
1995
23-19-4 Alien's right to licenses and certificates.
An alien resident of the State of Utah may purchase hunting,
fishing, trapping, seining, and fur dealer licenses and certificates
of registration upon the same terms as a resident citizen.
All nonresident aliens may purchase hunting, fishing, trapping,
seining, and fur dealer licenses and certificates of registration
upon the same terms as nonresident citizens.
1983
23-19-5 Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or certificate of registration unlawful - Violation - Penalty.
It is unlawful for any person to obtain or attempt to
obtain a license, permit, tag, or certificate of registration
by fraud, deceit, or misrepresentation. It is unlawful for
a nonresident to purchase a resident license. It is unlawful
for a resident to purchase a nonresident license. Any person
violating provisions of this section is guilty of a class
B misdemeanor.
1986
23-19-6 Imitating or counterfeiting license unlawful - Violation - Penalty.
It is unlawful to imitate or counterfeit any license,
permit, tag, or certificate of registration for the purpose
of defrauding the state of Utah or for evading the purposes
and provisions of this code. Any person who violates any
provision of this section is guilty of a class A misdemeanor.
1979
23-19-7 Expiration date of licenses.
The licenses issued under this chapter, except lifetime
licenses, will expire 365 days from the date of issue.
2004
23-19-8 Signature on documents - Considered under oath - Prohibition on use of unsigned documents.
(1) A person's signature on a license, permit, tag, or certificate of registration is certification of that person's eligibility to use the license, permit, tag, or certificate of registration for the purpose intended by this title.
(2) The signature need not be notarized but shall be considered to be made under oath.
(3) A person may not use an unsigned license, permit,
tag, or certificate of registration.
2000
23-19-9 Suspension of license or permit privileges - Suspension of certificates of registration.
(1) As used in this section, "license or permit privileges" means the privilege of applying for, purchasing, and exercising the benefits conferred by a license or permit issued by the division.
(2) A hearing officer, appointed by the division, shall suspend a person's privilege of applying for, purchasing, and exercising the benefits conferred by one or more licenses or permits issued by the division if:
(a) in a court of law, the person:
(i) is convicted of:
(A) violating this title or a rule of the Wildlife Board;
(B) killing or injuring domestic livestock while engaged in an activity regulated under this title; or
(C) violating Section 76-10-508 while engaged in an activity regulated under this title;
(ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
(iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person enters into a diversion agreement which suspends the prosecution of the offense; and
(b) the hearing officer determines the person committed the offense intentionally, knowingly, or recklessly, as defined in Section 76-2-103 .
(3) The Wildlife Board shall make rules establishing guidelines for a hearing officer to consider in determining the type of license or permit privileges to suspend.
(4) Except as provided in Subsection (5), a hearing officer shall suspend a person's license or permit privileges pursuant to Subsection (2) for the following time periods:
(a) seven years for:
(i) a felony conviction;
(ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a felony, the prosecution of which is suspended pursuant to a diversion agreement;
(b) five years for:
(i) a class A misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor, which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class A misdemeanor, the prosecution of which is suspended pursuant to a diversion agreement; and
(c) three years for:
(i) a class B misdemeanor conviction under Section 23-20-4 ;
(ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor under Section 23-20-4 , which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class B misdemeanor under Section 23-20-4 , the prosecution of which is suspended pursuant to a diversion agreement.
(5) Suspension periods as set forth in Subsection (4) shall be doubled for offenses:
(a) committed in violation of an existing suspension or revocation order issued by the courts, division, or Wildlife Board; or
(b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2 .
(6) (a) A hearing officer may suspend, pursuant to Subsection (2), a person's privilege to apply for, purchase, and exercise the benefits conferred by a particular license or permit only once for each single criminal episode, as defined in Section 76-1-401 .
(b) If a hearing officer addresses two or more single criminal episodes in a hearing, the suspension periods of any license or permit privileges of the same type suspended, pursuant to Subsection (2), shall run consecutively.
(c) If a hearing officer suspends, pursuant to Subsection (2), license or permit privileges of the type that have been previously suspended by a court, a hearing officer, or the Wildlife Board and the suspension period has not expired, the suspension periods shall run consecutively.
(7) (a) A hearing officer, appointed by the division, shall suspend a person's privilege of applying for, purchasing, and exercising the benefits conferred by one or more licenses or permits issued by the division if:
(i) within a five-year period, the person, on three or more occasions, in a court of law, is convicted or enters into a plea in abeyance agreement or diversion agreement as follows:
(A) the person is convicted of an offense listed in Subsection (2)(a)(i) that is punishable as a class B or C misdemeanor;
(B) the person enters into a plea in abeyance agreement in which the person pleads guilty or no contest to an offense listed in Subsection (2)(a)(i) that is punishable as a class B or C misdemeanor, and the plea is held in abeyance; or
(C) the person is charged with an offense listed in Subsection (2)(a)(i) that is punishable as a class B or C misdemeanor, and the person enters into a diversion agreement, which suspends the prosecution of the offense;
(ii) each conviction, plea in abeyance agreement, or diversion agreement listed in Subsection (7)(a)(i) originated from a separate single criminal episode; and
(iii) a suspension or revocation order has not been previously issued as a result of any conviction, plea in abeyance agreement, or diversion agreement listed in Subsection (7)(a)(i).
(b) An order of suspension may be issued, under this Subsection (7), on a strict liability basis.
(c) A hearing officer shall suspend a person's license or permit privileges, pursuant to this Subsection (7), for a time period equal to the sum of the following:
(i) one year for each:
(A) class B misdemeanor conviction;
(B) plea of guilty or no contest to an offense punishable as a class B misdemeanor, which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(C) charge of committing an offense punishable as a class B misdemeanor, the prosecution of which is suspended pursuant to a diversion agreement; and
(ii) six months for each:
(A) class C misdemeanor conviction;
(B) plea of guilty or no contest to an offense punishable as a class C misdemeanor, which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(C) charge of committing an offense punishable as a class C misdemeanor, the prosecution of which is suspended pursuant to a diversion agreement.
(8) (a) A hearing officer, appointed by the division, may suspend a person's privilege of applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
(i) the hearing officer determines the person intentionally, knowingly, or recklessly, as defined in Section 76-2-103 , violated:
(A) this title;
(B) a rule or order of the Wildlife Board;
(C) the terms of a certificate of registration; or
(D) the terms of a certificate of registration application or agreement; or
(ii) the person, in a court of law:
(A) is convicted of an offense that the hearing officer determines bears a reasonable relationship to the person's ability to safely and responsibly perform the activities authorized by the certificate of registration;
(B) pleads guilty or no contest to an offense that the hearing officer determines bears a reasonable relationship to the person's ability to safely and responsibly perform the activities authorized by the certificate of registration, and the plea is held in abeyance in accordance with a plea in abeyance agreement; or
(C) is charged with an offense that the hearing officer determines bears a reasonable relationship to the person's ability to safely and responsibly perform the activities authorized by the certificate of registration, and prosecution of the offense is suspended in accordance with a diversion agreement.
(b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in Section 59-23-3 , shall be suspended by a hearing officer, if the hearing officer determines the holder of the certificates of registration has violated Section 59-23-5 .
(c) Subsections (4), (5), and (6) do not apply to suspensions of certificates of registration.
(9) The director shall appoint a qualified person as a hearing officer to perform the adjudicative functions provided in this section. The director may not appoint a division employee who investigates or enforces wildlife violations.
(10) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply for, purchase, or exercise the benefits conferred by a license, permit, or certificate of registration.
(b) The courts shall promptly notify the division of any suspension orders or recommendations entered.
(c) The division, upon receiving notification of suspension from the courts, shall prohibit the person from applying for, purchasing, or exercising the benefits conferred by a license, permit, or certification of registration for the duration and of the type specified in the court order.
(d) The hearing officer shall consider any recommendation made by a sentencing court concerning suspension before issuing a suspension order.
(11) (a) A person may not apply for, purchase, possess, or attempt to exercise the benefits conferred by any permit, license, or certificate of registration specified in an order of suspension while that order is in effect. Any license possessed or obtained in violation of the order shall be considered invalid.
(b) A person who violates Subsection (11)(a) is guilty of a class B misdemeanor.
(12) Before suspension under this section, a person must be:
(a) given written notice of any action the division intends to take; and
(b) provided with an opportunity for a hearing.
(13) (a) A person may file an appeal of a hearing officer's decision with the Wildlife Board.
(b) The Wildlife Board shall review the hearing officer's findings and conclusions and any written documentation submitted at the hearing. The Wildlife Board may:
(i) take no action;
(ii) vacate or remand the decision; or
(iii) amend the period or type of suspension.
(14) The division shall suspend and reinstate all hunting, fishing, trapping, and falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
(15) The Wildlife Board may make rules to implement this
section in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, and Title 63, Chapter 46b, Administrative
Procedures Act.
2001
23-19-9.1 Court-ordered action against a license.
The division shall promptly withhold, suspend, restrict,
or reinstate the use of a license issued under this chapter
if so ordered by a court.
1997
23-19-9.5 Warrant outstanding or failure to comply with citation - Person not entitled to license, permit, tag, or certificate.
(1) A person may not purchase a license, permit, tag, or certificate of registration if:
(a) there is an outstanding Utah warrant against him for failure to appear in answer to a summons for a violation of:
(i) a provision of this title; or
(ii) a rule, proclamation, or order of the Wildlife Board; or
(b) he has failed to comply with a wildlife citation in a state which is a party to the Wildlife Violator Compact set forth in Title 23, Chapter 25.
(2) The division may allow a person referred to in Subsection (1) to purchase a license, permit, tag, or certificate of registration if satisfactory proof is given that:
(a) the warrant is no longer outstanding; or
(b) he has complied with the wildlife citation.
1995
23-19-10 Duplicate license, permit, tag, or certificate of registration.
If an unexpired license, permit, tag, or certificate of
registration issued under the provisions of this code is
destroyed, lost, or stolen, the Division of Wildlife Resources
and its authorized license agents may issue a duplicate license,
permit, tag, or certificate of registration in accordance
with the rules set and fees determined by the Wildlife Board.
2005
23-19-11 Age restriction - Proof of hunter education required.
(1) A person born after December 31, 1965, may not purchase a hunting license or permit unless proof is presented to the division or one of its authorized wildlife license agents that the person has passed a division-approved hunter education course offered by a state, province, or country.
(2) For purposes of this section, "proof" means:
(a) a certificate of completion of a hunter education course;
(b) a preceding year's hunting license or permit issued by a state, province, or country with the applicant's hunter education number noted on the hunting license or permit; or
(c) verification of completion of a hunter education course pursuant to Subsections (3) and (4).
(3) If an applicant for a nonresident hunting license or permit is not able to present a hunting license, permit, or a certificate of completion as provided in Subsections (1) and (2), the division may contact another state, province, or country to verify the completion of a hunter education course so that a nonresident hunting license or permit may be issued.
(4) If an applicant for a resident or nonresident hunting license or permit has completed a hunter education course in Utah but is not able to present a hunting license, permit, or a certificate of completion as provided in Subsections (1) and (2), the division may research the division's hunter education records to verify that the applicant has completed the hunter education course.
(5) (a) If an applicant for a resident or nonresident hunting license has completed a hunter education course and is applying for a hunting permit or license through the division's drawings, Internet site, or other electronic means authorized by the division, the applicant's hunter education number and the name of the state, province, or country that issued the number may constitute proof of completion of a hunter education course under this section.
(b) The division may research the hunter education number to verify that the applicant has completed a division-approved hunter education course.
(6) Upon issuance of the hunting license or permit, the division shall indicate the applicant's hunter education number on the face of the hunting license or permit.
(7) The division may charge a fee for any service provided
in Subsection (3) or (4).
2001
23-19-11.5 Age restriction - Proof of furharvester education required.
(1) (a) A resident born after December 31, 1984, may not purchase a resident furbearer license unless the applicant presents:
(i) a certificate of completion of a division approved furharvester education course; or
(ii) an immediately preceding year's furbearer license with the furharvester education number noted on the furbearer license.
(b) Upon issuance of the resident furbearer license, the division or authorized wildlife license agent shall indicate the applicant's furharvester education number on the face of the furbearer license.
(2) If an applicant for a resident furbearer license has completed a furharvester education course in Utah but is not able to present a furbearer license or a certificate of completion as provided in Subsection (1), the division may research the division's furharvester education records to verify that the applicant has completed a furharvester education course in Utah.
(3) (a) If an applicant for a resident furbearer license has completed a furharvester education course and is applying for a furbearer license through the division's Internet site or other electronic means authorized by the division, the applicant's Utah furharvester education number may constitute proof of completion of a furharvester education course under this section.
(b) The division may research the furharvester education number to verify that the applicant has completed a division approved furharvester education course.
(4) The division may charge a fee for the service specified
in Subsection (2).
2000
23-19-12 Instruction in hunter education - Issuance of certificate of competency.
The Division of Wildlife Resources shall provide a course
of instruction in the safe handling of firearms, conservation,
hunting ethics, and related subject matter for individuals
interested in obtaining an instructor's certificate in hunter
education. Certified instructors will, on a voluntary basis,
give instruction in the course of hunter education, as established
by the Division of Wildlife Resources, to all eligible persons
who, upon the successful completion of the course, shall
be issued a certificate of competency in hunter education.
1979
23-19-12.5 Instruction in furharvester education - Issuance of certificate of completion.
(1) The division shall provide a course of instruction in safe and responsible trapping, including instruction in:
(a) the use of trapping devices;
(b) trapping laws;
(c) trapping ethics;
(d) techniques in safely releasing nontarget animals;
(e) firearms safety;
(f) wildlife management;
(g) proper catch handling;
(h) trapper health and safety; and
(i) ethics relating to the avoidance of conflicts with other public land users and private landowners.
(2) (a) Certified instructors will, on a voluntary basis, give instruction in the course of furharvester education, as established by the division.
(b) Upon the successful completion of the course, each
participant in the furharvester education course shall be
issued a certificate of completion in furharvester education.
1995
23-19-12.7 Instruction in bow hunter education - Issuance of certificate of completion.
(1) The division shall establish criteria for a bow hunter education course, which may be offered by any entity that meets the division's criteria.
(2) The bow hunter education course shall include instruction in:
(a) the safe use of bow hunting equipment;
(b) fundamentals of bow hunting;
(c) shooting and hunting techniques; and
(d) hunter ethics.
(3) The division shall issue a certificate of completion
to a participant upon successful completion of a bow hunter
education course which meets the requirements of this section
and criteria established by the division.
1998
23-19-13 Hunter and furharvester education training - Fee.
The Wildlife Board shall establish the fees to be assessed
for obtaining instruction in hunter education and furharvester
education.
1995
23-19-14 Persons residing in certain institutions authorized to fish without license.
(1) The Division of Wildlife Resources shall permit a person to fish without a license if:
(a) (i) the person resides in:
(A) the Utah State Developmental Center in American Fork;
(B) the state hospital;
(C) a veteran's hospital;
(D) a veteran's nursing home;
(E) a mental health center;
(F) an intermediate care facility for the mentally retarded;
(G) a group home licensed by the Department of Human Services and operated under contract with the Division of Services for People with Disabilities;
(H) a group home or other community-based placement licensed by the Department of Human Services and operated under contract with the Division of Juvenile Justice Services;
(I) a private residential facility for at-risk youth licensed by the Department of Human Services; or
(J) another similar institution approved by the division; or
(ii) the person is a youth who participates in a work camp operated by the Division of Juvenile Justice Services;
(b) the person is properly supervised by a representative of the institution; and
(c) the institution obtains from the division a certificate of registration that specifies:
(i) the date and place where the person will fish; and
(ii) the name of the institution's representative who will supervise the person fishing.
(2) The institution must apply for the certificate of registration at least ten days before the fishing outing.
(3) (a) An institution that receives a certificate of registration authorizing at-risk youth to fish shall provide instruction to the youth on fishing laws and regulations.
(b) The division shall provide educational materials to
the institution to assist it in complying with Subsection
(3)(a).
2003
23-19-15 License agents - Authority - Bond - Compensation - Violations.
(1) The director of the division may designate wildlife license agents to sell licenses, permits, and tags.
(2) Wildlife license agents may:
(a) sell licenses, permits, and tags to all eligible applicants, except those licenses, permits, and tags specified in Subsection 23-19-16 (2) which may be sold only by the division; and
(b) collect a fee for each license, permit, or tag sold.
(3) A wildlife license agent shall receive:
(a) for any wildlife license, permit, or tag having a fee $10 or less and greater than $1, 50 cents for each wildlife license, permit, or tag sold; and
(b) for any wildlife license, permit, or tag having a fee greater than $10, 5% of the fee.
(4) The division may require wildlife license agents to obtain a bond in a reasonable amount.
(5) (a) As directed by the division, each wildlife license agent shall:
(i) report all sales to the division; and
(ii) submit all of the fees obtained from the sale of licenses, permits, and tags less the remuneration provided in Subsection (3).
(b) If a wildlife license agent fails to pay the amount due, the division may assess a penalty of 20% of the amount due. All delinquent payments shall bear interest at the rate of 1% per month. If the amount due is not paid because of bad faith or fraud, the division shall assess a penalty of 100% of the total amount due together with interest.
(c) All fees, except the remuneration provided in Subsection (3), shall:
(i) be kept separate from the private funds of the wildlife license agents; and
(ii) belong to the state.
(6) A wildlife license agent may not intentionally:
(a) fail to date or misdate a license, permit, or tag; or
(b) issue a license to any person until that person furnishes proof of having passed a division-approved hunter education course as provided in Section 23-19-11 or furnishes proof of having passed a division-approved fur harvester education course as provided in Section 23-19-11.5 .
(7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a class B misdemeanor.
(b) A violation of this section is a class A misdemeanor if the aggregate amount required under Subsection (5)(a):
(i) is at least $1,000, but less than $10,000;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(c) A violation of this section is a felony of the third degree if the aggregate amount required under Subsection (5)(a):
(i) is $10,000 or more;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(8) Violation of any provision of this section may be
cause for revocation of the wildlife license agent authorization.
2005
23-19-16 Licenses obtained from agents of division.
(1) Licenses provided for in Sections 23-19-17 through 23-19-27 may be obtained from the division or one of its authorized wildlife license agents.
(2) Licenses provided for in Sections
23-19-17.5
,
23-19-34.7
, and
23-19-36
may be obtained only from the division.
2000
23-19-17 Resident fishing and hunting license - Use of fee.
(1) A resident, upon payment of the fee prescribed by the Wildlife Board, may receive a combination license to fish and to hunt for small game as provided in the rules of the Wildlife Board.
(2) One dollar of the combination license fee shall be used for the hunter education program for any of the following:
(a) instructor and student training;
(b) assisting local organizations with development;
(c) maintenance of existing facilities; or
(d) operation and maintenance of the hunter education program.
(3) (a) Fifty cents of the combination license fee shall be used for the upland game program as follows:
(i) to acquire pen-raised birds; or
(ii) to capture and transplant upland game species.
(b) The combination license fee revenue designated for
the upland game program by Subsection (3)(a) is in addition
to any combination license fee revenue that may be used for
the upland game program as provided by Sections
23-19-43
and
23-19-47
.
2006
23-19-17.5 Lifetime hunting and fishing licenses.
(1) Lifetime licensees born after December 31, 1965, must be certified under Section 23-19-11 before engaging in hunting.
(2) A lifetime license shall remain valid if the residency of the lifetime licensee changes to another state or country.
(3) (a) A lifetime license may be used in lieu of an annual small game or fishing license.
(b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag of the lifetime licensee's choice for one of the following general season deer hunts:
(i) archery;
(ii) rifle; or
(iii) muzzleloader.
(c) A lifetime licensee is subject to each requirement for special hunting and fishing permits and tags, except as provided in Subsection (3)(b).
(4) The Wildlife Board may adopt rules necessary to carry
out the provisions of this section.
2000
23-19-17.7 Wildlife Resources Trust Account created - Lifetime license fees deposited - Disposition of income - Restriction on use of fund.
(1) There is created within the General Fund a restricted account to be known as the Wildlife Resources Trust Account. All fees received from the sale of lifetime licenses shall be deposited in that account.
(2) All interest earned by investments of the funds in the Wildlife Resources Trust Account shall, on July 1 of each year, be deposited in the Wildlife Resources Account created in Section 23-14-13 .
(3) Money in the Wildlife Resources Trust Account is subject
to the restriction in Section
23-22-2
that no money paid to the state for hunting
and fishing license fees shall be diverted for any other
purpose than the enhancement of wildlife by the Division
of Wildlife Resources.
1984
23-19-21 Fishing license - Limited number of days.
(1) A person 14 years of age or older shall purchase a fishing license before engaging in any regulated fishing activity.
(2) A person 14 years of age or older, upon paying the fee prescribed by the Wildlife Board, may receive a license to fish:
(a) for one day;
(b) for seven consecutive days; or
(c) for 365 consecutive days from the date of sale.
(3) A person under 14 years of age may fish without a license pursuant to rules, proclamations, and orders set forth by the Wildlife Board.
(4) The effective date shall be indicated on the license.
2004
23-19-22 Big game hunting permit.
(1) A person 14 years of age or older, upon paying the fee prescribed by the Wildlife Board, may receive a permit to hunt big game as provided by rules of the Wildlife Board.
(2) A person 13 years of age may obtain a permit to hunt big game if that person's 14th birthday falls within the calendar year for which the permit is issued.
(3) One dollar of each big game permit fee collected from
a resident shall be used for the hunter education program
as provided in Section
23-19-17
.
1995
23-19-22.5 Cougar or bear hunting permit.
(1) A person 12 years of age or older, upon payment of the fee prescribed by the Wildlife Board, may receive a permit to take cougar or bear as provided by rules of the Wildlife Board.
(2) A person 11 years of age, upon payment of the fee, may obtain a permit to hunt cougar or bear if that persons's 12th birthday falls within the calendar year in which the permit is issued.
(3) One dollar of each cougar or bear permit fee collected
from a resident shall be used for the hunter education program.
2004
23-19-22.6 Turkey hunting permit - Use of fee.
(1) A person, upon payment of the fee, may receive a permit to take turkey as provided by rules of the Wildlife Board.
(2) One dollar of each turkey permit fee collected from
a resident shall be used for the hunter education program.
2006
23-19-24 Resident small game hunting license - Use of fee.
(1) A resident, upon payment of the fee prescribed by the Wildlife Board, may receive a license to hunt small game.
(2) One dollar of the small game hunting license fee shall be used for the hunter education program.
(3) (a) Fifty cents of the small game hunting license fee shall be used for the upland game program as follows:
(i) to acquire pen-raised birds; or
(ii) to capture and transplant upland game species.
(b) The small game license fee revenue designated for
the upland game program by Subsection (3)(a) is in addition
to any small game license fee revenue that may be used for
the upland game program as provided by Sections
23-19-43
and
23-19-47
.
2006
23-19-26 Nonresident small game hunting license - Use of fee.
(1) A nonresident, upon payment of the fee prescribed by the Wildlife Board, may receive a license to hunt small game.
(2) (a) Fifty cents of the small game hunting license fee shall be used for the upland game program as follows:
(i) to acquire pen-raised birds; or
(ii) to capture and transplant upland game species.
(b) The small game license fee revenue designated for
the upland game program by Subsection (2)(a) is in addition
to any small game license fee revenue that may be used for
the upland game program as provided by Sections
23-19-43
and
23-19-47
.
2006
23-19-27 Furbearer license - Resident or nonresident.
A resident or nonresident, upon payment of the fee prescribed
by the Wildlife Board, may receive a license to take furbearers.
2001
23-19-31 Resident fur dealer registration.
A resident, upon application to the Wildlife Board, may
be registered as a fur dealer.
1980
23-19-32 Nonresident fur dealer registration.
A nonresident, upon application to the wildlife board,
may be registered as a fur dealer.
1980
23-19-33 Registration of fur dealer's agent.
Any person who is employed by a fur dealer as a fur buyer
in the field, upon application to the Wildlife Board, may
be registered as a fur dealer's agent.
1980
23-19-34.5 Falconry certificate of registration - Residents 14 or older may obtain certificate of registration - License for falconry meet for nonresidents - Wildlife Board approval required for falconry meet - Small game license required to take protected game.
(1) Any resident 14 years of age or older, upon application to the division, may receive a certificate of registration to hold falcons and engage in the sport of falconry on nongame wildlife species.
(2) A nonresident entering Utah to participate in the sport of falconry at an organized meet shall obtain a license as provided in Section 23-19-34.7 .
(3) Organizers of a falconry meet must apply to and receive approval from the Wildlife Board in order to conduct an organized falconry meet.
(4) (a) Any person engaging in the sport of falconry on protected small game species shall possess, in addition to the falconry certificate of registration, a license for taking small game.
(b) Any nonresident who has been issued a license pursuant
to Section
23-19-34.7
is not required to possess a small game license
in order to take small game during the five-day period of
the license.
1999
23-19-34.7 Nonresident falconry meet license.
(1) A nonresident 14 years of age or older may participate in a falconry meet in this state upon payment of a fee prescribed by the Wildlife Board.
(2) A nonresident falconry meet license shall be valid
only for five consecutive days, the dates to be designated
on the license. The holder of the license may engage in the
sport of falconry on nongame wildlife species and small game
species, during the specified five-day period.
2001
23-19-35 Seining registration.
Any person, upon application to the Wildlife Board, may
be registered to seine.
1980
23-19-36 Disabled, mentally impaired, terminally ill persons, and children in the custody of the state - License to fish for free.
(1) A resident who is blind, paraplegic, or otherwise permanently disabled so as to be permanently confined to a wheelchair or the use of crutches, or who has lost either or both lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this fact to the Division of Wildlife Resources.
(2) A resident who is a mentally retarded person and is not eligible under Section 23-19-14 to fish without a license may receive a free license to fish upon furnishing verification of mental retardation, as defined in Section 62A-5-101 , from a physician.
(3) A resident who is terminally ill, and has less than five years to live, may receive a free license to fish:
(a) upon furnishing verification from a physician; and
(b) if he qualifies for assistance under any low income public assistance program administered by a state agency.
(4) A child placed in the custody of the state by a court
order may receive a free fishing license upon furnishing
verification of custody to the Division of Wildlife Resources.
1999
23-19-38 Sales of licenses, certificates, or permits final - Exceptions - Reallocation of surrendered permits.
(1) Sales of all licenses, certificates, or permits are final, and no refunds may be made by the division except as provided in Subsection (2).
(2) The division may refund the amount of the license, certificate, or permit if:
(a) the division or the Wildlife Board discontinues the activity for which the license, certificate, or permit was obtained;
(b) the division determines that it has erroneously collected a fee;
(c) (i) the person to whom the license, certificate, or permit is issued becomes ill or suffers an injury that would preclude that person from being able to participate in the activity for which the license, certificate, or permit was obtained;
(ii) the person furnishes verification of illness or injury from a physician;
(iii) the person does not actually participate in the activity for which the license, certificate, or permit was obtained; and
(iv) the license, certificate, or permit is surrendered before the end of the season for which the permit was issued; or
(d) the person to whom the license, certificate, or permit is issued dies prior to that person's being able to participate in the activity for which the license, certificate, or permit was obtained.
(3) The division director may reallocate surrendered permits
in accordance with rules adopted by the Wildlife Board.
2005
23-19-38.2 Refunds for armed forces or public health or safety organization members - Criteria.
(1) A member of the United States Armed Forces or public health or public safety organization who is mobilized or deployed on order in the interest of national defense or emergency and is precluded from participating in the hunting or fishing activity for which the person purchased a license, certificate, tag, or permit, may, as provided in Subsection (2):
(a) receive a refund from the division; and
(b) if the person has drawn a permit, have all opportunities to draw that permit in a future draw reinstated.
(2) To qualify, the person or a legal representative must:
(a) notify the division within a reasonable amount of time that the person is applying for a refund;
(b) surrender the license, certificate, tag, or permit to the division; and
(c) furnish satisfactory proof to the division that the person:
(i) is a member of:
(A) the United States Armed Forces;
(B) a public health organization; or
(C) a public safety organization; and
(ii) was precluded from being able to participate in the hunting or fishing opportunity as a result of being called to active duty.
(3) The Wildlife Board may adopt rules in accordance with
Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
necessary to administer this section including allowing retroactive
refund to September 11, 2001.
2002
23-19-39 Additional appropriation.
The division each year shall request the Legislature to
appropriate from the General Fund in the appropriations act,
for deposit in the Wildlife Resources Restricted Account,
a sum equal to the total of the fees, as determined by the
previous year's license sales, that would have otherwise
been collected for fishing licenses had full fees been paid
by those 65 years of age or older or those who received free
fishing privileges under the provisions of Section
23-19-14
or
23-19-36
.
1999
23-19-42 Search and rescue surcharge.
(1) In addition to the fees imposed under this chapter, there is imposed a 25 cent surcharge on each fishing, small game, or combination license.
(2) This surcharge shall be deposited in the General Fund
as a dedicated credit for the Search and Rescue Financial
Assistance Program created under Section
53-2-107
.
2001
23-19-43 Wildlife Habitat Account - Contents - Use of fund monies.
(1) There is created a restricted account within the General Fund known as the Wildlife Habitat Account.
(2) The contents of the account shall consist of:
(a) revenue from the sale of licenses, permits, stamps, certificates of registration, and Wildlife Heritage certificates as provided in Section 23-19-47 ;
(b) money donated to the division for a purpose specified in Subsection (6); and
(c) interest and earnings on account monies.
(3) Revenue from the sale of licenses, permits, stamps, certificates of registration, and Wildlife Heritage certificates that is deposited to the account pursuant to Section 23-19-47 shall be used by the division, after appropriation by the Legislature, as provided in Subsections (4) through (6).
(4) (a) Each year up to $70,000 or 4% of the annual deposits to the account, whichever amount is greater, shall be allocated for the development, restoration, and preservation of wetlands that are beneficial to waterfowl.
(b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the Legislature for use by a nonprofit conservation organization for wetland development projects within the state that benefit waterfowl.
(5) (a) Each year up to $230,000 or 12% of the annual deposits to the account, whichever amount is greater, shall be allocated to upland game projects as follows:
(i) the control of predators;
(ii) the development, improvement, restoration, or maintenance of critical habitat through the establishment of landowner incentives, cooperative programs, or other means;
(iii) the acquisition or preservation of critical habitat;
(iv) landowner habitat education and assistance programs;
(v) public access to private lands; and
(vi) upland game transplant and reintroduction programs.
(b) As used in this section "upland game" means pheasant, quail, chukar, partridge, sage grouse, sharp-tailed grouse, Hungarian partridge, ruffed grouse, blue grouse, ptarmigan, mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
(c) Monies allocated to upland game may not be used for the acquisition, development, improvement, restoration, or maintenance of habitat within commercial hunting areas.
(d) No more than 5% of the monies allocated to upland game may be used for landowner habitat education programs.
(e) The monies allocated to upland game shall be used for programs and activities relating to upland game species based generally upon the proportion of average annual hunter participation for each species.
(f) Projects for which free public access is assured shall receive first priority for funding from monies allocated to upland game.
(g) Projects for which public access is assured shall receive second priority for funding from monies allocated to upland game.
(6) The remaining money in the account shall be used for the following purposes:
(a) the enhancement, acquisition, preservation, protection, and management of aquatic and terrestrial wildlife habitat; and
(b) to improve access for fishing and hunting.
(7) The division shall seek the advice and recommendations of the Habitat Council, created by the division, regarding the expenditure of account monies.
(8) Donations of money deposited into the account and interest earned on that money shall be expended:
(a) as directed by the donor; and
(b) without being appropriated by the Legislature.
2000
23-19-45 Fees and certificates of registration to harvest brine shrimp eggs.
(1) The Wildlife Board may not impose fees to harvest brine shrimp eggs other than certificate of registration fees.
(2) Each person holding certificates of registration for
the harvesting of brine shrimp eggs in the 1996-97 harvesting
season may obtain the same number of certificates of registration
for the 1997-98 and 1998-99 harvesting seasons upon payment
of the required fee.
1997
23-19-47 Portion of revenue from license, permit, stamp, certificate of registration, and Wildlife Heritage certificate fees deposited in Wildlife Habitat Account.
(1) Fifty cents of the fee charged for any of the following licenses or stamps shall be deposited in the Wildlife Habitat Account created in Section 23-19-43 :
(a) a one-day fishing license; or
(b) a one-day fishing stamp.
(2) Three dollars and fifty cents of the fee charged for any of the following licenses or permits shall be deposited in the Wildlife Habitat Account created in Section 23-19-43 :
(a) a fishing license, except any one-day fishing license;
(b) a small game license;
(c) a combination license;
(d) a furbearer license; or
(e) a fishing permit, except any fish stamp.
(3) Four dollars and seventy-five cents of the fee charged for any of the following certificates of registration, permits, or Wildlife Heritage certificates shall be deposited in the Wildlife Habitat Account created in Section 23-19-43 :
(a) a certificate of registration for the dedicated hunter program, except a certificate of registration issued to a lifetime licensee;
(b) a big game permit;
(c) a bear permit;
(d) a cougar permit;
(e) a turkey permit;
(f) a muskrat permit; or
(g) a Wildlife Heritage certificate.
2000
