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[Utah Code Table of Contents]
[TITLE 23. Table of Contents]

23-20-1 Enforcement authority of conservation officers - Seizure and disposition of property.

(1) Conservation officers of the division shall enforce the provisions of this title with the same authority and following the same procedures as other law enforcement officers.

(2) (a) Conservation officers shall seize any protected wildlife illegally taken or held.

(b) (i) Upon determination of a defendant's guilt by the court, the protected wildlife shall be confiscated by the court and sold or otherwise disposed of by the division.

(ii) Proceeds of the sales shall be deposited in the Wildlife Resources Account.

(iii) Migratory wildfowl may not be sold, but must be given to a charitable institution or used for other charitable purposes.

(3) Materials and devices used for the unlawful taking or possessing of protected wildlife shall be seized, and upon a finding by the court that they were used in the unlawful taking or possessing of protected wildlife, the materials and devices shall be subject to criminal or civil forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

(4) (a) Conservation officers may seize and impound a vehicle used for the unlawful taking or possessing of protected wildlife for any of the following purposes:

(i) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;

(ii) to search the vehicle as provided in Subsection (2)(a) or as provided by a search warrant; or

(iii) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or possessed.

(b) The division shall store any seized vehicle in a public or private garage, state impound lot, or other secured storage facility.

(5) A seized vehicle shall be released to the owner no later than 30 days after the date the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a person who is charged with committing a felony under this title.

(6) (a) Upon a finding by a court that the person who used the vehicle for the unlawful taking or possessing of wildlife is guilty of a felony under this title, the vehicle may be subject to criminal or civil forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act.

(b) The owner of a seized vehicle is liable for the payment of any impound fee if he used the vehicle for the unlawful taking or possessing of wildlife and is found by a court to be guilty of a violation of this title.

(c) The owner of a seized vehicle is not liable for the payment of any impound fee or, if the fees have been paid, is entitled to reimbursement of the fees paid, if:

(i) no charges are filed or all charges are dropped which involve the use of the vehicle for the unlawful taking or possessing of wildlife;

(ii) the person charged with using the vehicle for the unlawful taking or possessing of wildlife is found by a court to be not guilty; or

(iii) the owner did not consent to a use of the vehicle which violates this chapter.
    2002

23-20-1.5 Powers of law enforcement section - Employees.

(1) The chief and assistant chief of the law enforcement section, enforcement agents, and conservation officers of the law enforcement section within the Division of Wildlife Resources are vested with the powers of law enforcement officers throughout all of the counties of the state with exception of the power to serve civil process and:

(a) may serve criminal process, arrest, and prosecute violators of any law of this state; and

(b) shall have the same right as other law enforcement officers to require aid in executing their duties.

(2) The powers and duties conferred by this section upon employees of the law enforcement section of the Division of Wildlife Resources shall be supplementary to and in no way a limitation on the powers and duties of other law enforcement officers in the state.
    1998

23-20-2 Special deputies - Appointment - Duties.

The director of the Division of Wildlife Resources is authorized to appoint persons, on a temporary basis, as special deputies. These special deputies shall have the authority to enforce provisions of this code and all rules and regulations promulgated under this code.
    1971

23-20-3 Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized - Penalty.

(1) Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a person may not:

(a) take or permit his dog to take:

(i) protected wildlife or their parts;

(ii) an occupied nest of protected wildlife; or

(iii) an egg of protected wildlife;

(b) transport, ship, or cause to be shipped protected wildlife or their parts;

(c) sell or purchase protected wildlife or their parts; or

(d) possess protected wildlife or their parts unaccompanied by a valid license, permit, tag, certificate of registration, bill of sale, or invoice.

(2) Possession of protected wildlife without a valid license, permit, tag, certificate of registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was illegally taken and is illegally held in possession.

(3) A person is guilty of a class B misdemeanor if he:

(a) violates any provision of Subsection (1); and

(b) does so with criminal negligence as defined in Subsection 76-2-103 (4).
    1995

23-20-3.5 Taking protected wildlife while trespassing - Penalty.

(1) A person may not take or permit his dog to take, while in violation of Subsection 23-20-14 (2):

(a) protected wildlife or their parts;

(b) an occupied nest of protected wildlife; or

(c) an egg of protected wildlife.

(2) A person is guilty of a class B misdemeanor if he or she violates any provision of Subsection (1).
    2000

23-20-4 Wanton destruction of protected wildlife - Penalties.

(1) A person is guilty of wanton destruction of protected wildlife if that person:

(a) commits an act in violation of Section 23-13-4 , 23-13-5 , 23-13-13 , 23-15-6 through 23-15-9 , 23-16-5 , or Subsection 23-20-3 (1);

(b) captures, injures, or destroys protected wildlife; and

(c) (i) does so with intentional, knowing, or reckless conduct as defined in Section 76-2-103 ;

(ii) intentionally abandons protected wildlife or a carcass;

(iii) commits the offense at night with the use of a weapon;

(iv) is under a court or division revocation of a license, tag, permit, or certificate of registration; or

(v) acts for pecuniary gain.

(2) Subsection (1) does not apply to actions taken which are in accordance with the following:

(a) Title 4, Chapter 14, Utah Pesticide Control Act;

(b) Title 4, Chapter 23, Agriculture and Wildlife Damage Prevention Act; or

(c) Section 23-16-3.1 .

(3) Wanton destruction of wildlife is punishable:

(a) as a third degree felony if:

(i) the aggregate value of the protected wildlife determined by the values in Subsection (4) is more than $500; or

(ii) a trophy animal was captured, injured, or destroyed;

(b) as a class A misdemeanor if the aggregate value of the protected wildlife, other than any trophy animal, determined by the values established in Subsection (4) is more than $250, but does not exceed $500; and

(c) as a class B misdemeanor if the aggregate value of the protected wildlife determined by the values established in Subsection (4) is $250 or less.

(4) Regardless of the restitution amounts imposed under Subsection 23-20-4.5 (2), the following values are assigned to protected wildlife for the purpose of determining the offense for wanton destruction of wildlife:

(a) $1,000 per animal for:

(i) bison;

(ii) bighorn sheep;

(iii) rocky mountain goat;

(iv) moose;

(v) bear;

(vi) peregrine falcon; or

(vii) endangered species;

(b) $750 per animal for:

(i) elk; or

(ii) threatened species;

(c) $500 per animal for:

(i) cougar;

(ii) golden eagle;

(iii) river otter; or

(iv) gila monster;

(d) $400 per animal for:

(i) pronghorn antelope; or

(ii) deer;

(e) $350 per animal for bobcat;

(f) $100 per animal for:

(i) swan;

(ii) sandhill crane;

(iii) turkey;

(iv) pelican;

(v) loon;

(vi) egrets;

(vii) herons;

(viii) raptors, except those that are threatened or endangered;

(ix) Utah milk snake; or

(x) Utah mountain king snake;

(g) $35 per animal for furbearers, except:

(i) bobcat;

(ii) river otter; and

(iii) threatened or endangered species;

(h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, largemouth bass, smallmouth bass, and wiper;

(i) $15 per animal for game birds, except:

(i) turkey;

(ii) swan; and

(iii) sandhill crane;

(j) $10 per animal for game fish not listed in Subsection (4)(h);

(k) $8 per pound dry weight of processed brine shrimp including eggs; and

(l) $5 per animal for protected wildlife not listed.

(5) For purposes of sentencing for a wildlife violation, a person who has been convicted of a third degree felony under Subsection (3)(a) is not subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8 (4).

(6) As part of any sentence imposed, the court shall impose a sentence of incarceration of not less than 20 consecutive days for any person convicted of a third degree felony under Subsection (3)(a)(ii) who captured, injured, or destroyed a trophy animal for pecuniary gain.

(7) If a person has already been convicted of a third degree felony under Subsection (3)(a)(ii) once, each separate further offense under Subsection (3)(a)(ii) is punishable by, as part of any sentence imposed, a sentence of incarceration of not less than 20 consecutive days.

(8) The court may not sentence a person subject to Subsection (6) or (7) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence unless the court finds mitigating circumstances justifying lesser punishment and makes that finding a part of the court record.
    2004

23-20-4.5 Illegal taking, possession, or wanton destruction of protected wildlife - Restitution - Reimbursable damages - Assessment by magistrates - Disposition of monies.

(1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton destruction of protected wildlife, other than any trophy animal, the court may order the defendant to pay restitution as set forth in Subsection (2), or a greater or lesser amount, for the value of each animal taken, possessed, or destroyed, unless the court finds that restitution is inappropriate.

(2) Suggested minimum restitution values for protected wildlife are as follows:

(a) $1,000 per animal for:

(i) bison;

(ii) bighorn sheep;

(iii) rocky mountain goat;

(iv) moose;

(v) bear;

(vi) peregrine falcon; or

(vii) endangered species;

(b) $750 per animal for:

(i) elk; or

(ii) threatened species;

(c) $500 per animal for:

(i) golden eagle;

(ii) river otter; or

(iii) gila monster;

(d) $400 per animal for:

(i) pronghorn antelope; or

(ii) deer;

(e) $350 per animal for:

(i) cougar; or

(ii) bobcat;

(f) $100 per animal for:

(i) swan;

(ii) sandhill crane;

(iii) turkey;

(iv) pelican;

(v) loon;

(vi) egrets;

(vii) herons;

(viii) raptors, except those that are threatened or endangered;

(ix) Utah milk snake; or

(x) Utah mountain king snake;

(g) $35 per animal for furbearers, except:

(i) bobcat;

(ii) river otter; and

(iii) threatened or endangered species;

(h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, largemouth bass, smallmouth bass, and wiper;

(i) $15 per animal for game birds, except:

(i) turkey;

(ii) swan; and

(iii) sandhill crane;

(j) $10 per animal for game fish not listed in Subsection (2)(h);

(k) $8 per pound dry weight of processed brine shrimp including eggs; and

(l) $5 per animal for protected wildlife not listed.

(3) If the court finds that restitution is inappropriate or if the value imposed is less than the suggested minimum value as provided in Subsection (2), the court shall make the reasons for the decision part of the record.

(4) The court shall order any person convicted of a third degree felony under Subsection 23-20-4 (3)(a)(ii) to pay restitution. Minimum restitution values for trophy animals are as follows:

(a) $30,000 per animal for bighorn, desert, or rocky mountain sheep;

(b) $8,000 per animal for deer;

(c) $8,000 per animal for elk;

(d) $6,000 per animal for moose or mountain goat;

(e) $6,000 per animal for bison; and

(f) $2,000 per animal for pronghorn antelope.

(5) Any restitution shall be remitted to the division and deposited in the Wildlife Resources Account.

(6) Restitution monies shall be used by the division for activities and programs to help stop poaching, including:

(a) educational programs on wildlife crime prevention;

(b) acquisition and development of wildlife crime detection equipment;

(c) operation and maintenance of anti-poaching projects; and

(d) wildlife law enforcement training.

(7) If restitution is required it shall be in addition to:

(a) any other fine or penalty imposed for a violation of any provision of this title; and

(b) any remedial action taken to revoke or suspend a person's license, permit, tag, or certificate of registration.

(8) A judgment imposed under this section constitutes a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money in a civil action.
    2004

23-20-8 Waste of wildlife unlawful.

It is unlawful to waste or permit to be wasted or spoiled any protected wildlife or any part of them.
    1971

23-20-9 Donating protected wildlife.

(1) A person may donate protected wildlife or their parts to another person only at the following places:

(a) the residence of the donor;

(b) the residence of the person receiving protected wildlife or their parts;

(c) a meat locker;

(d) a storage plant; or

(e) a meat processing facility.

(2) A written statement of donation must be kept with the protected wildlife or parts showing:

(a) the number and species of protected wildlife or parts donated;

(b) the date of donation;

(c) the license or permit number of the donor; and

(d) the signature of the donor.

(3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big game animal to another person or organization at any place without a donation slip.
    1993

23-20-10 Butcher, locker or storage plant to require proper tag or donation slip.

It is unlawful for any butcher or owner or employee of a locker plant or storage plant to receive for processing or storage the carcass of any protected wildlife which by law or regulation is required to be tagged, unless the carcass has attached to it the required tag or proper donation slip.
    1971

23-20-12 Airplanes or terrestrial or aquatic vehicles - Use in taking wildlife unlawful - Exceptions.

It is unlawful for any person to take any wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles, except as provided by this code or in the rules and regulations of the Wildlife Board. Provided, however, that an individual validly licensed to hunt who is a paraplegic, or otherwise permanently disabled so as to be permanently confined to a wheelchair or the use of crutches, may be authorized to hunt from a vehicle under terms and conditions specified by the Wildlife Board.
    1975

23-20-13 Signs or equipment - Damage or destruction unlawful.

A person may not:

(1) shoot at, shoot, deface, damage, remove, or destroy any division signs or placards located in any part of this state; or

(2) damage, destroy, remove, or cause to be damaged, destroyed, or removed any equipment or devices owned, controlled, or operated by the Division of Wildlife Resources.
    1995

23-20-14 Definitions - Posted property - Hunting by permission - Entry on private land while hunting or fishing - Violations - Penalty - Prohibitions inapplicable to officers - Promotion of respect for private property.

(1) As used in this section:

(a) "Division" means the Division of Wildlife Resources.

(b) "Cultivated land" means land which is readily identifiable as:

(i) land whose soil is loosened or broken up for the raising of crops;

(ii) land used for the raising of crops; or

(iii) pasturage which is artificially irrigated.

(c) "Permission" means written authorization from the owner or person in charge to enter upon private land that is either cultivated or properly posted, and must include:

(i) the signature of the owner or person in charge;

(ii) the name of the person being given permission;

(iii) the appropriate dates; and

(iv) a general description of the property.

(d) "Properly posted" means that "No Trespassing" signs or a minimum of 100 square inches of bright yellow, bright orange, or fluorescent paint are displayed at all corners, fishing streams crossing property lines, roads, gates, and rights-of-way entering the land. If metal fence posts are used, the entire exterior side must be painted.

(2) (a) While taking wildlife or engaging in wildlife related activities, a person may not:

(i) without the permission of the owner or person in charge, enter upon privately owned land that is cultivated or properly posted;

(ii) refuse to immediately leave the private land if requested to do so by the owner or person in charge; or

(iii) obstruct any entrance or exit to private property.

(b) "Hunting by permission cards" will be provided to landowners by the division upon request.

(c) A person may not post:

(i) private property he does not own or legally control; or

(ii) land that is open to the public as provided by Section 23-21-4 .

(3) (a) A person convicted of violating any provision of Subsection (2) may have his license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of the violation, revoked by a hearing officer.

(b) A hearing officer may construe any subsequent conviction which occurs within a five-year period as a flagrant violation and may prohibit the person from obtaining a new license, tag, certificate of registration, or permit for a period of up to five years.

(4) Subsection (2)(a) does not apply to peace or conservation officers in the performance of their duties.

(5) (a) The division shall provide information regarding owners' rights and sportsmen's duties:

(i) to anyone holding licenses, certificates of registration, tags, or permits to take wildlife; and

(ii) by using the public media and other sources.

(b) The restrictions in this section relating to trespassing shall be stated in all hunting and fishing proclamations issued by the Wildlife Board.

(6) Any person who violates any provision of Subsection (2) is guilty of a class B misdemeanor.
    2000

23-20-15 Destruction of signs or inclosure on private land unlawful.

It is unlawful for any person, without the consent of the owner or person in charge of any privately owned land, to tear down, mutilate, or destroy any sign, signboard or other notice which regulates trespassing for purposes of hunting, trapping, or fishing on this land; or to, without such consent, tear down, deface, or destroy any fence or other inclosure on this privately owned land, or any gate or bars belonging to any such fence or inclosure.
    1971

23-20-16 Enforcement - Procedure.

In enforcing the misdemeanor or felony provisions of this code, the peace officer shall follow the procedures and requirements of Title 53, Chapter 13, Peace Officer Classifications.
    1998

23-20-18 Interference with, intimidation or harassment of officer unlawful.

It is unlawful for any person to interfere with, intimidate or harass a conservation officer or special deputy in the lawful performance of his duty.
    1975

23-20-19 Failure to stop at road blocks or checking stations unlawful.

It is unlawful for any person to fail to stop at Division of Wildlife Resources road blocks or checking stations where a stop sign or red or blue light is displayed.
    1975

23-20-20 Children accompanied by adults while hunting with weapon.

(1) As used in this section:

(a) "Accompanied" means at a distance within which visual and verbal communication is maintained for the purposes of advising and assisting.

(b) (i) "Electronic device" means a mechanism powered by electricity that allows communication between two or more people.

(ii) "Electronic device" includes a mobile telephone or two-way radio.

(c) "Verbal communication" means the conveyance of information through speech that does not involve an electronic device.

(2) A person younger than 14 years old who is hunting with any weapon must be accompanied by:

(a) the person's parent or legal guardian; or

(b) a responsible person who is at least 21 years old and who is approved by the person's parent or guardian.

(3) A person younger than 16 years old who is hunting big game with any weapon must be accompanied by:

(a) the person's parent or legal guardian; or

(b) a responsible person who is at least 21 years old and who is approved by the person's parent or guardian.

(4) A person who is at least 14 years old but younger than 16 years old must be accompanied by a person who is at least 21 years old while hunting wildlife, other than big game, with any weapon.
    2006

23-20-23 Aiding or assisting violation unlawful.

It is unlawful for any person to aid or assist any other person to violate any provisions of this code or any rules or regulations promulgated under it. The penalty for violating this section is the same as for the provision or regulation for which aid or assistance is given.
    1971

23-20-24 Failure to stop vehicle when ordered - Operation of vehicle in dangerous manner - Attempt to flee officer - Penalty.

It is unlawful for any driver, who having received a visual or audible signal from a conservation officer to bring his vehicle to a stop, to operate his vehicle in willful or wanton disregard of the signal so as to endanger or harm a conservation officer or other person, to interfere with the operation of the conservation officer's vehicle, or any other vehicle or to increase his speed and attempt to flee or elude the conservation officer. A person who violates this section is guilty of a class A misdemeanor; a fine imposed under this section shall be not less than $250, and a penalty of imprisonment shall be for not less than 60 days.
    1986

23-20-25 Exhibition of license, permit, tag or device required - Misdemeanor.

(1) Any person while engaged in any activity regulated under this title, shall be required upon demand of any conservation officer or any other peace officer to exhibit:

(a) the required license, permit, or tag;

(b) any device or apparatus in that person's possession used for any activity regulated under this title; or

(c) any wildlife in that person's possession.

(2) Any conservation officer who has a reasonable belief that a person is engaged in any activity regulated under this title may stop and temporarily detain that person in order to demand and inspect:

(a) the required license, permit, or tag;

(b) any device or apparatus in that person's possession used for any activity regulated under this title; or

(c) any wildlife in that person's possession.

(3) Any person who fails to produce for examination to an officer any of the required licenses, permits, tags, devices or apparatuses used for any activity regulated under this title or any wildlife in that person's possession is guilty of a class B misdemeanor.
    1994

23-20-27 Alteration of license, permit, tag or certificate a misdemeanor.

Any person who at any time alters or changes in any manner, with intent to defraud, any license, permit, tag or certificate of registration issued under provisions of this code or action of the Wildlife Board is guilty of a misdemeanor.
    1973

23-20-28 Search warrants.

(1) A search warrant may be issued by a magistrate to search for any property which may constitute evidence of any violation of the provisions of this code, rules, regulations, or proclamations of the Wildlife Board upon an affidavit of any person.

(2) The search warrant shall be directed to a conservation officer or a peace officer, directing him to search for evidence and to bring it before the magistrate.

(3) A search warrant shall not be issued except upon probable cause supported by oath or affirmation, particularly describing the place, person, or thing to be searched for and the person or thing to be seized.

(4) The warrant shall be served in the daytime, unless there is reason to believe that the service of the search warrant is required immediately because a person may:

(a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;

(b) destroy or conceal evidence of the commission of any violation; or

(c) injure another person or damage property.

(5) The search warrant may be served at night if:

(a) there is reason to believe that a violation may occur at night; or

(b) the evidence of the violation may not be available to the officers serving the warrant during the day.
    1995

23-20-29 Interference with hunting prohibited - Action to recover damages - Exceptions.

(1) A person is guilty of a class B misdemeanor who intentionally interferes with the right of a person licensed and legally hunting under Title 23, Chapter 19, to take wildlife by driving, harassing, or intentionally disturbing any species of wildlife for the purpose of disrupting a legal hunt, trapping, or predator control.

(2) Any directly affected person or the state may bring an action to recover civil damages resulting from a violation of Subsection (1) or a restraining order to prevent a potential violation of Subsection (1).

(3) This section does not apply to incidental interference with a hunt caused by lawful activities including, but not limited to, ranching, mining, and recreation.
    1986

23-20-29.5 Interference with hunters or hunting activity - Prosecution under criminal code.

A person who intentionally interferes with a person who is licensed and taking wildlife legally under the provision of Title 23, Chapter 19, or disrupts an activity involving a legal hunt, trapping, falconry, or predator control may be charged with a violation under Section 76-9-102 if that interference or disruption constitutes a violation under Section 76-9-102 .
    1994

23-20-30 Tagging requirements.

(1) The Wildlife Board may make rules that require the carcass of certain species of protected wildlife to be tagged.

(2) The carcass of any species of protected wildlife required to be tagged must be tagged before the carcass is moved from or the hunter leaves the site of kill.

(3) To tag a carcass, a person shall:

(a) completely detach the tag from the license or permit;

(b) completely remove the appropriate notches to correspond with:

(i) the date the animal was taken; and

(ii) the sex of the animal; and

(c) attach the tag to the carcass so that the tag remains securely fastened and visible.

(4) A person may not:

(a) remove more than one notch indicating date or sex; or

(b) tag more than one carcass using the same tag.
    1995

23-20-31 Requirement to wear hunter orange.

(1) As used in this section:

(a) (i) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire rifle, except as provided in Subsection (1)(a)(ii).

(ii) "Centerfire rifle hunt" does not include:

(A) a bighorn sheep hunt;

(B) a mountain goat hunt;

(C) a hunt requiring the hunter to possess a statewide conservation permit; or

(D) a hunt requiring the hunter to possess a statewide sportsman permit.

(b) "Statewide conservation permit" means a permit:

(i) issued by the division;

(ii) distributed through a nonprofit organization founded for the purpose of promoting wildlife conservation; and

(iii) valid:

(A) on open hunting units statewide; and

(B) for the species of big game and time period designated by the Wildlife Board.

(c) "Statewide sportsman permit" means a permit:

(i) issued by the division through a public draw; and

(ii) valid:

(A) on open hunting units statewide; and

(B) for the species of big game and time period designated by the Wildlife Board.

(2) (a) A person shall wear a minimum of 400 square inches of hunter orange material while hunting any species of big game, except as provided in Subsection (3).

(b) Hunter orange material must be worn on the head, chest, and back.

(c) A camouflage pattern in hunter orange does not meet the requirements of Subsection (2)(a).

(3) A person is not required to wear hunter orange material during an archery, muzzle-loader, mountain goat, or bighorn sheep hunt, unless a centerfire rifle hunt is in progress in the same area.
    2001

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