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HB 70
FINES FOR POACHING
1996 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael R. Styler
AN ACT RELATING TO FISH AND GAME; REQUIRING PAYMENT OF RESTITUTION
AND PROVIDING FOR JAIL SENTENCES FOR CERTAIN OFFENSES INVOLVING THE
ILLEGAL TAKING OF TROPHY ANIMALS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
23-13-2 , as last amended by Chapter 211, Laws of Utah 1995
23-20-4 , as last amended by Chapter 63, Laws of Utah 1995
23-20-4.5 , as enacted by Chapter 27, Laws of Utah 1992
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
23-13-2
is amended to read:
23-13-2. Definitions.
As used in this title:
(1) "Activity regulated under this title" means any act, attempted act, or activity prohibited
or regulated under any provision of Title 23 or the rules, and proclamations promulgated
thereunder pertaining to protected wildlife including:
(a) fishing;
(b) hunting;
(c) trapping;
(d) taking;
(e) permitting any dog, falcon, or other domesticated animal to take;
(f) transporting;
(g) possessing;
(h) selling;
(i) wasting;
(j) importing;
(k) exporting;
(l) rearing;
(m) keeping;
(n) utilizing as a commercial venture; and
(o) releasing to the wild.
(2) "Aquatic animal" has the meaning provided in Section 4-37-103
.
(3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
amphibians.
(4) "Aquaculture facility" has the meaning provided in Section 4-37-103
.
(5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife that
one person may legally take during one day.
(6) "Big game" means species of hoofed protected wildlife.
(7) "Carcass" means the dead body of an animal or its parts.
(8) "Certificate of registration" means a document issued under this title, or any rule or
proclamation of the Wildlife Board granting authority to engage in activities not covered by a
license, permit, or tag.
(9) "Closed season" means the period of time during which the taking of protected wildlife
is prohibited.
(10) "Conservation officer" means a full-time, permanent employee of the Division of
Wildlife Resources who is POST certified as a peace or a special function officer.
(11) "Division" means the Division of Wildlife Resources.
(12) (a) "Domicile" means the place:
(i) where an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to return; and
(iii) in which the individual and the individual's family voluntarily reside, not for a special
or temporary purpose, but with the intention of making a permanent home.
(b) To create a new domicile an individual must:
(i) abandon the old domicile; and
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(ii) be able to prove that a new domicile has been established.
(13) "Endangered" means wildlife designated as such pursuant to Section 3 of the federal
Endangered Species Act of 1973.
(14) "Fee fishing facility" has the meaning provided in Section 4-37-103
.
(15) "Feral" means an animal which is normally domesticated but has reverted to the wild.
(16) "Fishing" means to take fish or crayfish by any means.
(17) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
Castoridae families, except coyote and cougar.
(18) "Game" means wildlife normally pursued, caught, or taken by sporting means for
human use.
(19) (a) "Guide" means a person who receives compensation or advertises services for
assisting another person to take protected wildlife.
(b) Assistance under Subsection (a) includes the provision of food, shelter, or transportation,
or any combination of these.
(20) "Guide's agent" means a person who is employed by a guide to assist another person
to take protected wildlife.
(21) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any means.
(22) "Intimidate or harass" means to physically interfere with or impede, hinder, or diminish
the efforts of an officer in the performance of the officer's duty.
(23) "License" means the primary document granting authority to engage in activities under:
(a) this title; or
(b) a rule or proclamation of the Wildlife Board.
(24) "Nonresident" means a person who does not qualify as a resident.
(25) "Open season" means the period of time during which protected wildlife may be legally
taken.
(26) "Pecuniary gain" means the acquisition of money or something of monetary value.
(27) "Permit" means a secondary document, including a stamp, which:
(a) requires a license as a prerequisite to its issuance; and
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(b) grants authority to engage in specified activities under this title or a rule or proclamation
of the Wildlife Board.
(28) "Person" means an individual, association, partnership, government agency,
corporation, or an agent of the foregoing.
(29) "Possession" means actual or constructive possession.
(30) "Possession limit" means the number of bag limits one individual may legally possess.
(31) (a) "Private fish installation" means a body of water where privately owned, protected
aquatic wildlife are propagated or kept.
(b) "Private fish installation" does not include any aquaculture facility or fee fishing facility.
(32) "Private wildlife farm" means an enclosed place where privately owned birds or
furbearers are propagated or kept and which restricts the birds or furbearers from:
(a) commingling with wild birds or furbearers; and
(b) escaping into the wild.
(33) "Proclamation" means the publication used to convey a statute, rule, policy, or pertinent
information as it relates to wildlife.
(34) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection (3),
except as provided in Subsection (b).
(b) "Protected aquatic wildlife" does not include aquatic insects.
(35) (a) "Protected wildlife" means wildlife as defined in Subsection [(48)] (49), except as
provided in Subsection (b).
(b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel, jack
rabbit, muskrat, and raccoon.
(36) "Released to the wild" means to turn loose from confinement.
(37) (a) "Resident" means a person who:
(i) has been domiciled in the state of Utah for six consecutive months immediately preceding
the purchase of a license; and
(ii) does not claim residency for hunting, fishing, or trapping in any other state or country.
(b) A Utah resident retains Utah residency if that person leaves this state:
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(i) to serve in the armed forces of the United States or for religious or educational purposes;
and
(ii) complies with Subsection (a)(ii).
(c) (i) A member of the armed forces of the United States and dependents are residents for
the purposes of this chapter as of the date the member reports for duty under assigned orders in the
state if the member:
(A) is not on temporary duty in this state; and
(B) complies with Subsection (a)(ii).
(ii) A copy of the assignment orders must be presented to a wildlife division office to verify
the member's qualification as a resident.
(d) A nonresident attending an institution of higher learning in this state as a full-time
student may qualify as a resident for purposes of this chapter if the student:
(i) has been present in this state for 60 consecutive days immediately preceding the purchase
of the license; and
(ii) complies with Subsection (a)(ii).
(e) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping
is purchased in any other state or country.
(f) An absentee landowner paying property tax on land in Utah does not qualify as a resident.
(38) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of selling,
bartering, exchanging, or trading.
(39) "Small game" means species of protected wildlife:
(a) commonly pursued for sporting purposes; and
(b) not classified as big game, aquatic wildlife, or furbearers.
(40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for human
consumption.
(41) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or other
artificial light on any highway or in any field, woodland, or forest while having in possession a
weapon by which protected wildlife may be killed.
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(42) "Tag" means a card, label, or other identification device issued for attachment to the
carcass of protected wildlife.
(43) "Take" means to:
(a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
wildlife; or
(b) attempt any action referred to in Subsection (a).
(44) "Threatened" means wildlife designated as such pursuant to Section 3 of the federal
Endangered Species Act of 1973.
(45) "Trapping" means taking protected wildlife with a trapping device.
(46) "Trophy animal" means an animal described as follows:
(a) deer - any buck with an outside antler measurement of 24 inches or greater;
(b) elk - any bull with six points on at least one side;
(c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
(d) moose - any bull;
(e) mountain goat - any male or female;
(f) pronghorn antelope - any buck with horns exceeding 14 inches; or
(g) bison - any bull.
[(46)] (47) "Waste" means to abandon protected wildlife or to allow protected wildlife to
spoil or to be used in a manner not normally associated with its beneficial use.
[(47)] (48) "Water pollution" means the introduction of matter or thermal energy to waters
within this state which:
(a) exceeds state water quality standards; or
(b) could be harmful to protected wildlife.
[(48)] (49) "Wildlife" means:
(a) crustaceans, including brine shrimp and crayfish;
(b) mollusks; and
(c) vertebrate animals living in nature, except feral animals.
Section 2.
Section
23-20-4
is amended to read:
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23-20-4. Wanton destruction of protected wildlife -- Penalties.
(1) A person is guilty of wanton destruction of protected wildlife if he:
(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
.
(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
23-20-4
(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
23-20-4
(4) is more than $250, but
does not exceed $500;
(c) as a class B misdemeanor if the aggregate value of the protected wildlife determined by
the values established in Subsection
23-20-4
(4) is $250 or less.
(4) Regardless of the restitution amounts imposed under Subsection
23-20-4.5
(2), the
following values shall be assigned to protected wildlife for the purpose of determining the offense
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for wanton destruction of wildlife:
(a) $1,000 per animal for:
(i) bison;
(ii) bighorn sheep;
(iii) rocky mountain goat;
(iv) moose;
(v) bear; or
[(vi) cougar; or]
[(vii)] (vi) endangered species;
(b) $750 per animal for:
(i) elk; or
(ii) threatened species;
(c) $500 per animal for:
(i) cougar;
[(i)] (ii) golden eagle; [or]
[(ii)] (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;
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(vii) herons; [or]
(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) $15 per animal for game birds, except:
(i) turkey;
(ii) swan; and
(iii) sandhill crane;
(i) $10 per animal for game fish;
(j) $8 per pound dry weight of processed brine shrimp including eggs; and
(k) $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
(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.
- 9 -
Section 3.
Section
23-20-4.5
is amended to read:
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; or
[(vi) cougar; or]
[(vii)] (vi) endangered species;
(b) $750 per animal for:
(i) elk; or
(ii) threatened species;
(c) $500 per animal for:
(i) cougar;
[(i)] (ii) golden eagle; [or]
[(ii)] (iii) river otter; or
(iv) gila monster;
(d) $400 per animal for:
(i) pronghorn antelope; or
(ii) deer;
(e) $350 per animal for bobcat;
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(f) $100 per animal for:
(i) swan;
(ii) sandhill crane;
(iii) turkey;
(iv) pelican;
(v) loon;
(vi) egrets;
(vii) herons; [or]
(viii) raptors, 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) $15 per animal for game birds, except:
(i) turkey;
(ii) swan; and
(iii) sandhill crane;
(i) $10 per animal for game fish;
(j) $8 per pound dry weight of processed brine shrimp including eggs; and
(k) $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;
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(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.
[(4)] (5) Any restitution shall be remitted to the division and deposited in the Wildlife
Resources Account.
[(5)] (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.
[(6)] (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.
[(7)] (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.
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