Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 295 Fourth Substitute (2021GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• authorizes and instructs the Wildlife Board to make rules governing the use of trail cameras;
• prohibits big game baiting;
• prohibits the construction of permanent blinds or other structures used for hunting within a waterfowl management area;
• prohibits commercial hunting guides from transporting individuals across a waterfowl management area; and
• authorizes and instructs the Wildlife Board to make rules regarding the creation and management of waterfowl management areas.

Every vote on this bill

Bill text

WILDLIFE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Derrin R. Owens
LONG TITLE
General Description:
This bill enacts provisions related to the hunting of waterfowl and other wildlife.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ authorizes and instructs the Wildlife Board to make rules governing the use of trail
cameras;
▸ prohibits big game baiting;
▸ prohibits the construction of permanent blinds or other structures used for hunting
within a waterfowl management area;
▸ prohibits commercial hunting guides from transporting individuals across a
waterfowl management area; and
▸ authorizes and instructs the Wildlife Board to make rules regarding the creation and
management of waterfowl management areas.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23-13-18
, as enacted by Laws of Utah 2008, Chapter 34
ENACTS:
23-16-11
, Utah Code Annotated 1953
23-32-101
, Utah Code Annotated 1953
23-32-102
, Utah Code Annotated 1953
23-32-103
, Utah Code Annotated 1953
23-32-104
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-13-18
 is amended to read:
23-13-18.
Use of a computer or other device to remotely hunt wildlife prohibited
-- Trail cameras.
(1) A person may not use a computer or other device to remotely control the aiming
and discharge of a firearm or other weapon for hunting an animal.
(2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
(3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
manually operated by a person and is used to capture images, video, or location data of wildlife
using heat or motion to trigger the device.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Wildlife Board shall make rules regulating the use of trail cameras.
(c) The division shall provide an annual report to the Natural Resources, Agriculture,
and Environment Interim Committee regarding rules made or changed in accordance with this
Subsection (3).
Section 2. Section 
23-16-11
 is enacted to read:
 23-16-11.
Big game baiting prohibited.
(1) As used in this section:
(a) (i) "Bait" means intentionally placing food or nutrient substances to manipulate the
behavior of wildlife for the purpose of taking or attempting to take big game.
(ii) "Bait" does not include:
(A) the use of salt, mineral blocks, or other commonly used types of livestock
supplements placed in the field by agricultural producers for normal agricultural purposes; or
(B) standing crops, natural vegetation, harvested croplands, or lands or areas where
seeds or grains have been scattered solely as the result of a normal agricultural planting,
harvesting, post-harvest manipulation, or normal soil stabilization practice.
(b) "Baited area" means all land within a 50-yard radius of the site where bait is placed,
including the site where bait is placed.
(2) Unless authorized by a certificate of registration, it is unlawful to:
(a) bait big game;
(b) take big game in a baited area; or
(c) take big game that has been lured to or is traveling from a baited area.
(3) The division may only issue a certificate of registration to allow for the baiting of
big game if the division determines that baiting is necessary to alleviate substantial big game
depredation on cultivated crops or to facilitate the removal of deer causing property damage
within cities or towns.
Section 3. Section 
23-32-101
 is enacted to read:
CHAPTER 32. WATERFOWL MANAGEMENT AREAS ACT
 23-32-101.
Title.
This chapter is known as the "Waterfowl Management Areas Act."
Section 4. Section 
23-32-102
 is enacted to read:
 23-32-102.
Definitions.
(1) The definitions in Section 
58-79-102
 apply to this chapter.
(2) (a) As used in this chapter, "waterfowl management area" means real property
owned or managed by the Division of Wildlife Resources that is:
(i) primarily used for the conservation, production, or recreational harvest of ducks,
mergansers, geese, brant, swans, and other waterfowl; and
(ii) designated as a waterfowl management area by the Wildlife Board in accordance
with Section 
23-32-104
.
(b) "Waterfowl management area" includes the Willard Spur Waterfowl Management
Area and the Harold Crane Waterfowl Management Area described in Section 
23-21-5
.
Section 5. Section 
23-32-103
 is enacted to read:
 23-32-103.
Prohibited Activities.
(1) A commercial hunting guide or outfitter may not use a waterfowl management area
for any of the following, unless the commercial hunting guide or outfitter has an annual permit,
issued by the Wildlife Board pursuant to this chapter, for the use:
(a) hunting guide services or outfitter services; or
(b) transportation of an individual to another area for the purpose of providing hunting
guide services or outfitter services.
(2) An individual may not construct a permanent blind or other permanent structure
that is used for hunting within the boundaries of a waterfowl management area.
Section 6. Section 
23-32-104
 is enacted to read:
 23-32-104.
Rulemaking -- Notice.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Wildlife Board shall make rules:
(a) designating and establishing the boundaries of a waterfowl management area;
(b) governing the management and use of a waterfowl management area in accordance
with the provisions of this chapter; and
(c) to create an annual permit process by which commercial hunting guides and
outfitters may use waterfowl management areas in accordance with the provisions of this
chapter.
(2) The annual permit process described in Subsection (1)(c) shall:
(a) preserve the opportunity for non-guided hunters to use waterfowl management
areas; and
(b) require a permit holder to comply with safety standards established by the Wildlife
Board.
(3) The division shall provide an annual report to the Natural Resources, Agriculture,
and Environment Interim Committee regarding any rules made or changed in accordance with
this chapter.
(4) The Wildlife Board shall publish a map of the boundaries of each waterfowl
management area.
(5) Nothing in this chapter modifies or limits:
(a) the provisions of Section 
23-21-5
, or the discretion of the division to manage
waterfowl management areas for other beneficial purposes, including for the benefit of the
public, shorebirds, waterfowl, and other protected wildlife; or
(b) the authority of the division, the director of the division, or the Wildlife Board
under Title 23, Chapter 21, Lands and Waters for Wildlife Purposes.