Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 382 Second Substitute (2024GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies definition provisions;
• adjusts domicile and residency requirements;
• modifies provisions related to donating protected wildlife;
• addresses treatment of new development;
• provides when political subdivisions are required to respond to wildlife incidents;
• repeals an account related to wildlife regulation;
• modifies provisions related to accounts;
• enacts a fee to cover costs of electronic payments;
• makes invalid an original license, permit, tag, or certificate of registration when a duplicate one is issued;
• clarifies tagging requirements;
• addresses hunting species and invalid and forfeited permit or tag;
• clarifies who has powers of law enforcement;
• addresses transaction records for a butcher, locker, storage plant, or taxidermist;

Every vote on this bill

Bill text

WILDLIFE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses wildlife.
Highlighted Provisions:
This bill:
▸ modifies definition provisions;
▸ adjusts domicile and residency requirements;
▸ modifies provisions related to donating protected wildlife;
▸ addresses treatment of new development;
▸ provides when political subdivisions are required to respond to wildlife incidents;
▸ repeals an account related to wildlife regulation;
▸ modifies provisions related to accounts;
▸ enacts a fee to cover costs of electronic payments;
▸ makes invalid an original license, permit, tag, or certificate of registration when a
duplicate one is issued;
▸ clarifies tagging requirements;
▸ addresses hunting species and invalid and forfeited permit or tag;
▸ clarifies who has powers of law enforcement;
▸ addresses transaction records for a butcher, locker, storage plant, or taxidermist;
▸ addresses obstruction or interference with wildlife management activities;
▸ modifies provisions under wanton destruction of protected wildlife;
▸ changes to a point system certain criminal penalties;
▸ adjusts the restitution values;
▸ provides for enhanced penalties under certain conditions applicable to waste of
wildlife;
▸ clarifies what constitutes permission;
▸ authorizes the Division of Wildlife Resources to close a portion of a highway under
certain circumstances;
▸ addresses the taking of antlers or horns;
▸ requires the use of certain names related to birds in the management of birds and
habitat for birds;
▸ directs the division to engage in advocacy regarding bird names;
▸ modifies when the Wildlife Board is required to hold public hearings regarding
rules; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2025:
▸ to Department of Natural Resources - General Fund Restricted - Wildlife Habitat
Account as a one-time appropriation:
• from the General Fund Restricted - Wildlife Resources Trust Account,
One-time, $1,325,000
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
23A-1-101
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-1-103
, as enacted by Laws of Utah 2023, Chapter 103
23A-1-202
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-1-205
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-2-201
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-3-201
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-3-208
, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and
amended by Laws of Utah 2023, Chapter 103
23A-4-208
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-4-709
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-5-202
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-5-204
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-5-301
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-5-307
, as last amended by Laws of Utah 2023, Chapter 345 and renumbered and
amended by Laws of Utah 2023, Chapter 103
23A-5-311
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-5-312
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-5-314
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-5-317
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-6-402
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-11-101
, as renumbered and amended by Laws of Utah 2023, Chapter 103
63G-3-302
, as renumbered and amended by Laws of Utah 2008, Chapter 382
ENACTS:
23A-1-206
, Utah Code Annotated 1953
23A-3-214
, Utah Code Annotated 1953
23A-4-1110
, Utah Code Annotated 1953
23A-11-206
, Utah Code Annotated 1953
23A-12-102
, Utah Code Annotated 1953
REPEALS:
23A-3-213
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-11-201
, as renumbered and amended by Laws of Utah 2023, Chapter 103
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23A-1-101
 is amended to read:
23A-1-101.
Definitions.
As used in this title:
(1) "Activity regulated under this title" means an act, attempted act, or activity
prohibited or regulated under this title or the rules and proclamations promulgated under this
title pertaining to protected wildlife including:
(a) fishing;
(b) hunting;
(c) trapping;
(d) taking;
(e) permitting a 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) using as a commercial venture; and
(o) releasing to the wild.
(2) "Aquaculture facility" means the same as that term is defined in Section 
4-37-103
.
(3) "Aquatic animal" means the same as that term is defined in Section 
4-37-103
.
(4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
amphibians.
(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 the animal's parts.
(8) "Certificate of registration" means a paper-based or electronic document issued
under this title, or a 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
who is POST certified as a peace or a special function officer.
(11) "Dedicated hunter program" means a program that provides:
(a) expanded hunting opportunities;
(b) opportunities to participate in projects that are beneficial to wildlife; and
(c) education in hunter ethics and wildlife management principles.
(12) "Department" means the Department of Natural Resources.
(13) "Director" means the director of the division appointed under Section 
23A-2-202
.
(14) "Division" means the Division of Wildlife Resources.
(15) Subject to Section 
23A-1-103
, "domicile" means the place:
(a) where an individual has a fixed permanent home and principal establishment;
(b) to which the individual if absent, intends to return 
and has an actual plan, method,
and means to return to the individual's domicile within six months
; [
and
]
(c) 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[
.
]
; and
(d) is a place where the individual resides for the majority of the individual's time.
(16) "Endangered" means wildlife designated as endangered according to Section 3 of
the federal Endangered Species Act of 1973.
(17) "Executive director" means the executive director of the Department of Natural
Resources.
(18) "Fee fishing facility" means the same as that term is defined in Section 
4-37-103
.
(19) "Feral" means an animal that is normally domesticated but has reverted to the
wild.
(20) "Fishing" means to take fish or crayfish by any means.
(21) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
Castoridae families, except coyote and cougar.
(22) "Game" means wildlife normally pursued, caught, or taken by sporting means for
human use.
(23) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
means.
(24) "Hunting guide" means the same as that term is defined in Section 
58-79-102
.
(25) "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.
(26) (a) "Natural flowing stream" means a topographic low where water collects and
perennially or intermittently flows with a perceptible current in a channel formed exclusively
by forces of nature.
(b) "Natural flowing stream" includes perennial or intermittent water flows in a:
(i) realigned or modified channel that replaces the historic, natural flowing stream
channel; and
(ii) dredged natural flowing stream channel.
(c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
other water delivery system that diverts and conveys water to an approved place of use
pursuant to a certificated water right.
(27) (a) "Natural lake" means a perennial or intermittent body of water that collects on
the surface of the earth exclusively through the forces of nature and without human assistance.
(b) "Natural lake" does not mean a lake where the surface water sources supplying the
body of water originate from groundwater springs no more than 100 yards upstream.
(28) "Nominating committee" means the Wildlife Board Nominating Committee
created in Section 
23A-2-302
.
(29) "Nonresident" means a person who does not qualify as a resident.
(30) "Open season" means the period of time during which protected wildlife may be
legally taken.
(31) "Outfitter" means the same as that term is defined in Section 
58-79-102
.
(32) "Pecuniary gain" means the acquisition of money or something of monetary value.
(33) "Permit" means a paper-based or electronic document that grants authority to
engage in specified activities under this title or a rule or proclamation of the Wildlife Board.
(34) "Person" means an individual, association, partnership, government agency,
corporation, or an agent of the individual, association, partnership, government agency, or
corporation.
(35) "Pollute water" means to introduce into waters within the state matter or thermal
energy that:
(a) exceeds state water quality standards; or
(b) could harm protected wildlife.
(36) "Possession" means actual or constructive possession.
(37) "Possession limit" means the number of bag limits one individual may legally
possess.
(38) (a) "Private fish pond" means a pond, reservoir, or other body of water, including
a fish culture system, located on privately owned land where privately owned fish:
(i) are propagated or kept for a private noncommercial purpose; and
(ii) may be taken without a fishing license.
(b) "Private fish pond" does not include:
(i) an aquaculture facility;
(ii) a fee fishing facility;
(iii) a short-term fishing event; or
(iv) private stocking.
(39) "Private stocking" means an authorized release of privately owned, live fish in the
waters of the state not eligible as:
(a) a private fish pond under Section 
23A-9-203
; or
(b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture
Act.
(40) "Private wildlife farm" means an enclosed place where privately owned birds or
furbearers are propagated or kept and that restricts the birds or furbearers from:
(a) commingling with wild birds or furbearers; and
(b) escaping into the wild.
(41) "Proclamation" means the publication that is:
(a) used to convey a statute, rule, policy, or pertinent information related to wildlife;
and
(b) issued in accordance with a rule made by the Wildlife Board under this title.
(42) (a) "Protected aquatic wildlife" means aquatic wildlife except as provided in
Subsection (42)(b).
(b) "Protected aquatic wildlife" does not include aquatic insects.
(43) (a) "Protected wildlife" means wildlife, except as provided in Subsection (43)(b).
(b) "Protected wildlife" does not include:
(i) coyote;
(ii) field mouse;
(iii) gopher;
(iv) ground squirrel;
(v) jack rabbit;
(vi) muskrat; or
(vii) raccoon.
(44) "Regional advisory council" means a council created under Section 
23A-2-303
.
(45) "Released to the wild" means to be turned loose from confinement.
(46) (a) "Reservoir constructed on a natural stream channel" means a body of water
collected and stored on the course of a natural flowing stream by impounding the stream
through excavation or diking.
(b) "Reservoir constructed on a natural stream channel" does not mean an
impoundment on a natural flowing stream where all surface water sources supplying the
impoundment originate from groundwater springs no more than 100 yards upstream.
(47) Subject to Section 
23A-1-103
, "resident" means a person who:
(a) has been domiciled in the state for six consecutive months immediately preceding
the purchase of a license; and
(b) does not claim residency for hunting, fishing, or trapping in another state or
country.
(48) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
selling, bartering, exchanging, or trading.
(49) "Short-term fishing event" means an event when:
(a) privately acquired fish are held or confined for a period not to exceed 10 days for
the purpose of providing fishing or recreational opportunity; and
(b) no fee is charged as a requirement to fish.
(50) "Small game" means species of protected wildlife:
(a) commonly pursued for sporting purposes;
(b) not classified as big game, aquatic wildlife, or furbearers; and
(c) excluding turkey, cougar, and bear.
(51) "Spoiled" means impairment of the flesh of wildlife that renders the flesh unfit for
human consumption.
(52) "Spotlighting" means throwing or casting the rays of a spotlight, headlight, or
other artificial light on a highway or in a field, woodland, or forest while having in possession a
weapon by which protected wildlife may be killed.
(53) "Tag" means a card, label, or other paper-based or electronic means of
identification used to document harvest of protected wildlife.
(54) "Take" means to:
(a) hunt, pursue, harass, catch, capture, possess, 
gather,
 angle, seine, trap, or kill
protected wildlife; or
(b) attempt an action referred to in Subsection (54)(a).
(55) "Threatened" means wildlife designated as threatened pursuant to Section 3 of the
federal Endangered Species Act of 1973.
(56) "Trapping" means taking protected wildlife with a trapping device.
(57) "Trophy animal" means an animal described as follows:
(a) deer - a buck with an outside antler measurement of 24 inches or greater;
(b) elk - a bull with six points on at least one side;
(c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
(d) moose - a bull with at least one antler exceeding five inches in length;
(e) mountain goat - a male or female;
(f) pronghorn antelope - a buck with horns exceeding 14 inches; or
(g) bison - a bull.
(58) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning
dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
(59) "Waste" means to:
(a) abandon protected wildlife; or
(b) allow protected wildlife to spoil or to be used in a manner not normally associated
with the protected wildlife's beneficial use.
(60) "Wild" means the natural environment, including a private pond or private
property.
[
(60)
] 
(61)
 "Wildlife" means:
(a) crustaceans, including brine shrimp and crayfish;
(b) mollusks; and
(c) vertebrate animals living in nature, except feral animals.
[
(61)
] 
(62)
 "Wildlife Board" means the board created in Section 
23A-2-301
.
(63) "Wildlife parts" means biological material derived from the body or anatomy of
wildlife, including:
(a) an antler or horn;
(b) a hide;
(c) a bone; or
(d) meat.
Section 2. Section 
23A-1-103
 is amended to read:
23A-1-103.
Domicile or residency.
(1) 
(a) Subject to Subsections 
23A-1-101
(15) and 
23A-1-101
(47), an individual is
considered a resident who:
(i) has been domiciled in the state for six consecutive months immediately preceding
the purchase of a license or application of a license, permit, or tag; and
(ii) does not claim residency for hunting, fishing, or trapping in another state or
country.
(b)
 To create a new domicile an individual shall:
[
(a)
] 
(i)
 abandon the old domicile; and
[
(b)
] 
(ii)
 be able to prove that a new domicile has been established.
(2) A Utah resident retains Utah residency if that [
person
] 
individual
 leaves this state:
(a) to serve in the armed forces of the United States or for religious or educational
purposes; and
(b) the [
person
] 
individual
 complies with Subsection 
23A-1-101
(47)(b).
(3) (a) A member of the armed forces of the United States and dependents are residents
for the purposes of this title as of the date the member reports for duty under assigned orders in
the state if the member:
(i) is not on temporary duty in this state; and
(ii) complies with Subsection 
23A-1-101
(47)(b).
(b) A member shall present a copy of the assignment orders to a division office to
verify the member's qualification as a resident.
(4) 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 title if the student:
(a) has been present in this state for 60 consecutive days immediately preceding the
purchase of the license; and
(b) complies with Subsection 
23A-1-101
(47)(b).
(5) A Utah resident license is invalid if a resident license for hunting, fishing, or
trapping is purchased in another state or country.
(6) An absentee landowner paying property tax on land in Utah does not qualify as a
resident.
Section 3. Section 
23A-1-202
 is amended to read:
23A-1-202.
Agreement with a tribe.
(1) As used in this section, "tribe" means a federally recognized:
(a) Indian tribe; or
(b) Indian band.
(2) (a) Subject to the requirements of this section, the governor may enter into an
agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting,
fishing, or trapping right claim that is:
(i) based on:
(A) a treaty;
(B) an aboriginal right; or
(C) other recognized federal right; and
(ii) on lands located within the state.
(b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection
(2)(a) may not exempt a person from the requirements of this title.
(c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a
tribe that is a party to the agreement or a member of that tribe from:
(i) Section [
23A-11-201
] 
23A-4-1110
, placing a limit of one of any species [
of big
game
] during a license year;
(ii) Section 
23A-11-202
, commencement date of the general deer season;
(iii) a hunter or furharvester education requirement under Chapter 4, Licenses, Permits,
Certificates of Registration, and Tags;
(iv) an age restriction under Chapter 4, Licenses, Permits, Certificates of Registration,
and Tags;
(v) paying a fee required under this title to obtain a hunting, fishing, or trapping license
or permit;
(vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
(vii) complying with a rule or proclamation of the Wildlife Board if the exemption is
not inconsistent with this title.
(d) An agreement permitted under Subsection (2)(a) shall:
(i) be in writing;
(ii) be signed by:
(A) the governor; and
(B) the governing body of the tribe that:
(I) is designated by the tribe; and
(II) may bind the tribe to the terms of the agreement;
(iii) be conditioned on obtaining any approval required by federal law;
(iv) state the effective date of the agreement;
(v) provide that the governor shall renegotiate the agreement if the agreement is or
becomes inconsistent with a state statute for which an exemption is not authorized under this
section; and
(vi) include any accommodation made by the tribe that:
(A) is agreed to by the tribe;
(B) is reasonably related to the agreement; and
(C) concerns the management and use of wildlife resources or habitat.
(e) Before executing an agreement under this Subsection (2), the governor shall consult
with:
(i) the division; and
(ii) the chair of the Wildlife Board.
(f) At least 30 days before the agreement under this Subsection (2) is executed, the
governor or the governor's designee shall provide a copy of the agreement in the form that the
agreement will be executed to:
(i) the chairs of the Native American Legislative Liaison Committee; and
(ii) the Office of Legislative Research and General Counsel.
Section 4. Section 
23A-1-205
 is amended to read:
23A-1-205.
Donating protected wildlife.
(1) A person may only donate protected wildlife or wildlife parts to another person [
at:
]
in accordance with this section.
[
(a) the residence of the donor;
]
[
(b) the residence of the person receiving protected wildlife or the wildlife parts;
]
[
(c) a meat locker;
]
[
(d) a storage plant;
]
[
(e) a meat processing facility; or
]
[
(f) a location authorized by the Wildlife Board in rule, proclamation, or order.
]
(2) [
A written statement
] 
Documentation
 of donation shall be kept with the protected
wildlife or 
wildlife
 parts showing:
(a) the number and species of protected wildlife or 
wildlife
 parts donated;
(b) the date of donation;
(c) the license or permit number of the donor; and
(d) [
the signature of the donor.
] 
an image or picture of the wildlife or wildlife parts
donated.
(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.
Section 5. Section 
23A-1-206
 is enacted to read:
 23A-1-206.
New development.
(1) As used in this section:
(a) "Mitigate" means an activity intended to lessen known negative impacts caused by
wildlife, including relocating or distracting wildlife.
(b) "New development" means the conversion in use of previously undeveloped land
into a developed state that occurs on or after May 1, 2024.
(c) "Wildlife damage or nuisance claim" means:
(i) a depredation claim;
(ii) a wildlife damage claim; or
(iii) a nuisance complaint involving wildlife.
(2) On and after May 1, 2024, new development in the state is considered infringing on
existing wildlife habitat and a person who makes a wildlife damage or nuisance claim related
to the new development may not qualify for a wildlife damage or nuisance claim against the
state.
(3) Notwithstanding Subsection (2), the division may mitigate wildlife damage or
nuisances impacting a new development.
Section 6. Section 
23A-2-201
 is amended to read:
23A-2-201.
Division of Wildlife Resources -- Limits on authority of political
subdivisions -- Adjudicative proceedings -- Official seal.
(1) (a) There is created the Division of Wildlife Resources within the Department of
Natural Resources under the administration and general supervision of the executive director.
(b) The division is the wildlife authority for Utah and is vested with the functions,
powers, duties, rights, and responsibilities provided in this title and other law.
(2) (a) Subject to the broad policymaking authority of the Wildlife Board, the division
shall protect, propagate, manage, conserve, and distribute protected wildlife throughout the
state.
(b) The division is the trustee and custodian of protected wildlife and may initiate civil
proceedings, in addition to criminal proceedings provided for in this title, to:
(i) recover damages;
(ii) compel performance;
(iii) compel substitution;
(iv) restrain or enjoin;
(v) initiate any other appropriate action; and
(vi) seek appropriate remedies in the division's capacity as trustee and custodian.
(3) (a) If a political subdivision of the state adopts an ordinance or regulation
concerning hunting, fishing, or trapping that conflicts with this title or rules made pursuant to
this title, state law prevails.
(b) A community may close areas to hunting for safety reasons after confirmation by
the Wildlife Board.
(4) (a) As used in this Subsection (4):
(i) "Claim involving wildlife" means:
(A) a depredation claim;
(B) a wildlife damage claim; or
(C) a nuisance complaint involving wildlife.
(ii) "Prohibits hunting related activities" means a political subdivision prohibits an
activity that is necessary to engage in hunting, such as prohibiting the firing of a firearm or
other weapon.
(b) A political subdivision of the state shall respond to and pay for a claim involving
wildlife within the boundaries of the political subdivision, if the political subdivision:
(i) owns or purchases an aggregate amount of more than 500 contiguous acres of land
in fee simple on which the political subdivision prohibits hunting related activities or restricts
the division's ability to manage wildlife populations; or
(ii) enacts an ordinance or takes other action that prohibits hunting related activities or
the division's ability to manage wildlife populations within any portion of the political
subdivision's boundary.
(c) The division may not expend state money for a claim listed in Subsection (4)(b)
when a political subdivision limits the division's ability to manage wildlife populations on
more than 500 contiguous acres of land.
[
(4)
] 
(5)
 The division shall comply with Title 63G, Chapter 4, Administrative
Procedures Act, in the division's adjudicative proceedings.
[
(5)
] 
(6)
 The division shall adopt an official seal and file an impression and a
description of the official seal with the Division of Archives.
Section 7. Section 
23A-3-201
 is amended to read:
23A-3-201.
Wildlife Resources Account -- Unexpended fund balances .
(1) There is created a restricted account within the General Fund known as the
"Wildlife Resources Account."
(2) The following money shall be deposited into the Wildlife Resources Account:
(a) revenue from the sale of licenses, permits, tags, and certificates of registration
issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise
provided by this title;
(b) revenue from the sale, lease, rental, or other granting of rights of real or personal
property acquired with revenue specified in Subsection (2)(a);
(c) revenue from fines and forfeitures for violations of this title or a rule, proclamation,
or order of the Wildlife Board, minus court costs not to exceed the schedule adopted by the
Judicial Council;
(d) money appropriated from the General Fund by the Legislature pursuant to Section
23A-4-306
;
(e) other money received by the division under this title, except as otherwise provided
by this title; and
(f) interest, dividends, or other income earned on account money.
(3) Money in the Wildlife Resources Account shall be used for the administration of
this title.
(4) At the close of a fiscal year, the unexpended balance in the Wildlife Resources
Account shall convert back into the Wildlife Resources Account for the following fiscal year,
except for money:
(a) legally obligated by contract;
(b) designated for capital outlay projects; or
(c) required for a program extending beyond the close of the fiscal year.
[
(4) The state auditor and director of the Division of Finance shall, at the close of the
fiscal year, convert into the Wildlife Resources Account the unexpended balances of the
Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife
Board for capital outlay projects or other programs that may extend beyond the close of the
fiscal year.
]
Section 8. Section 
23A-3-208
 is amended to read:
23A-3-208.
Portion of revenue from license, permit, and certificate of registration
fees deposited into Wildlife Habitat Account.
(1) Fifty cents of the fee charged for a one-day fishing license shall be deposited in the
Wildlife Habitat Account created in Section 
23A-3-207
.
(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 
23A-3-207
:
(a) a fishing license, except any one-day fishing license;
(b) a hunting license;
(c) a combination license;
(d) a furbearer license; or
(e) a fishing permit.
(3) Four dollars and seventy-five cents of the fee charged for any of the following
certificates of registration or permits shall be deposited in the Wildlife Habitat Account created
in Section 
23A-3-207
:
(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 turkey permit; or
(e) a muskrat permit.
Section 9. Section 
23A-3-214
 is enacted to read:
 23A-3-214.
Fee to cover cost of electronic payments.
(1) As used in this section:
(a) "Electronic payment" means use of a form of payment processed through electronic
means, including use of a credit card, debit card, or automatic clearinghouse transaction.
(b) "Electronic payment fee" means the fee assessed to defray:
(i) a charge, discount fee, or process fee charged by a processing agent to process an
electronic payment, including a credit card company; or
(ii) costs associated with the purchase of equipment necessary for processing an
electronic payment.
(2) (a) The division may impose and collect an electronic payment fee on an electronic
payment related to a license, permit, or certificate of registration, including a license, permit, or
certification of registration under:
(i) Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;
(ii) Section 
23A-6-404
;
(iii) Section 
23A-7-202
;
(iv) Subsection 
23A-9-305
(3);
(v) Subsection 
23A-11-203
(3); and
(vi) Subsection 
23A-12-202
(1)(b).
(b) The division may charge an electronic payment fee under this section in an amount
not to exceed 3% of the electronic payment.
(c) With regard to the electronic payment fee, the division is not required to separately
identify the electronic payment fee from a fee imposed for a license, permit, or certificate of
registration listed in Subsection (2)(a).
(3) The division shall deposit the fee into the Wildlife Resources Account created in
Section 
23A-3-201
.
Section 10. Section 
23A-4-208
 is amended to read:
23A-4-208.
Duplicate license, permit, tag, or certificate of registration.
(1)
 If an unexpired license, permit, tag, or certificate of registration issued under this
title is destroyed, lost, or stolen, the division, a person designated by the director, or the
division's 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.
(2) Upon issuance of a duplicate license, permit, tag, or certificate of registration, the
original license, permit, tag, or certificate of registration is invalid.
Section 11. Section 
23A-4-709
 is amended to read:
23A-4-709.
Tagging requirements.
(1) The Wildlife Board may make rules that require the carcass of certain species of
protected wildlife to be tagged.
(2) Except as provided by the Wildlife Board by rules made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, a hunter 
who lawfully killed the animal
shall tag the carcass of a species of protected wildlife required to 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) (i) completely detach the tag from the license or permit;
(ii) completely remove the appropriate notches to correspond with:
(A) the date the animal was taken; and
(B) the sex of the animal; and
(iii) attach the tag to the carcass so that the tag remains securely fastened and visible;
or
(b) complete an electronic tagging certification according to standards approved by the
Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(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.
Section 12. Section 
23A-4-1110
 is enacted to read:
 23A-4-1110.
Invalid and forfeited permit or tag.
(1) With each issued permit or tag, a person may take only one of a species of protected
wildlife during a license year, regardless of how many licenses or permits the person obtains,
except as otherwise provided by this title or a proclamation of the Wildlife Board.
(2) (a) If a person kills an animal in violation of this title, while attempting to exercise
the benefits of an issued permit or tag, the permit or tag is invalid and the person shall forfeit
the permit or tag to the division.
(b) This Subsection (2) does not apply if:
(i) a citation is issued for a rule violation described in Subsection (2)(a); or
(ii) a warning citation for a violation described in Subsection (2)(a) is issued.
(3) The division may grant a season extension to a valid, unfilled permit opportunity
that was invalidated and forfeited under Subsection (2) if:
(a) the criminal charges associated with the permit forfeiture are dismissed, with
prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
(b) the person issued the permit that is forfeited requests the division in writing within
days of a final action dismissing or acquitting that person of the criminal charges that led to
the permit forfeiture;
(c) the season extension is granted for the same species and sex, hunt unit, and season
dates associated with the forfeited permit, as established by the Wildlife Board in the hunt year
of the extension; and
(d) the extension occurs in the first season immediately following dismissal of or
acquittal on the criminal charges described in Subsection (3)(a).
Section 13. Section 
23A-5-202
 is amended to read:
23A-5-202.
Powers of law enforcement section.
(1) The chief and assistant chief of the law enforcement section[
, an enforcement
agent,
] or conservation officer of the law enforcement section within the division are vested
with the powers of law enforcement officers throughout the counties of the state with exception
of the power to serve civil process and:
(a) may serve criminal process, arrest, and prosecute a violator of a law of this state;
and
(b) has the same right as other law enforcement officers to require aid in executing the
duties.
(2) The powers and duties conferred by this section upon employees of the law
enforcement section of the division shall be supplementary to and in no way a limitation on the
powers and duties of other law enforcement officers in the state.
Section 14. Section 
23A-5-204
 is amended to read:
23A-5-204.
Butcher, locker, or storage plant to require proper tag or donation
slip -- Taxidermist.
(1)
 A butcher or owner or employee of a locker plant or storage plant may not receive
for processing or storage the carcass of protected wildlife that by law or regulation is required
to be tagged, unless 
there is a transaction record for
 the carcass 
which
 is 
that the carcass is:
(a)
 properly tagged
;
 or [
is
]
(b)
 accompanied with a valid donation slip.
(2) A taxidermist shall retain the transaction records for wildlife received, to include:
(a) the date and time the wildlife is received; and
(b) the license or permit number associated with the wildlife.
(3) A person required to retain a transaction record under this section shall:
(a) produce the transaction record on the demand of a peace officer; and
(b) keep the transaction record for three years from the day on which the person
receives or creates the transaction record.
Section 15. Section 
23A-5-301
 is amended to read:
23A-5-301.
Violations in general -- Criminal penalty -- Aiding or assisting
violation -- Obstruct or interfere.
(1) Except as otherwise provided in this title:
(a) a violation of this title is a class B misdemeanor; and
(b) a violation of a rule of the Wildlife Board, made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, or proclamation of the Wildlife Board is an
infraction.
(2) (a) A person may not aid or assist another person to violate this title or a rule made
by the Wildlife Board under this title and in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(b) The penalty for violating this Subsection (2) is the same as for the provision or rule
for which aid or assistance is given.
(3) A person may not obstruct or interfere with the division's wildlife management
activities performed under this title, except that the division is subject to Section 
23A-2-207
when engaged in the taking of wildlife on private property.
Section 16. Section 
23A-5-307
 is amended to read:
23A-5-307.
Use of a computer or other device to remotely hunt wildlife
prohibited -- Trail cameras -- Criminal penalty.
(1) As used in this section, "trail camera" means a device that is not held or manually
operated by a person and is capable of capturing images, video, or location data of wildlife
using heat or motion to trigger the device.
(2) 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.
(3) A person who violates Subsection [
(1)
] 
(2)
 is guilty of a class A misdemeanor.
(4) (a) A trail camera using internal data storage and not capable of transmitting data is
permitted for use on private lands for the purposes of taking protected wildlife.
(b) A trail camera may not be used to take wildlife on public land during the period
beginning on July 31 and ending on December 31.
(c) A trail camera is prohibited on public land during the period beginning on July 31
and ending on December 31, except for use by:
(i) the division for monitoring or research;
(ii) a land management agency in the course of the land management agency's regular
duties;
(iii) any of the following conducting research in conjunction with the division:
(A) a non-governmental organization;
(B) an educational institution; or
(C) other person;
(iv) monitoring active agricultural operations including the take of a bear or cougar that
is causing livestock depredation; or
(v) a municipality participating in a program addressing urban deer.
(5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the Wildlife Board may make rules regulating the use of trail cameras.
(b) A person who violates rules made by the Wildlife Board under this Subsection (5)
is subject to the penalty provided in Section 
23A-5-301
.
Section 17. Section 
23A-5-311
 is amended to read:
23A-5-311.
Wanton destruction of protected wildlife -- Criminal penalty -- Point
values.
(1) A person is guilty of wanton destruction of protected wildlife if that person:
(a) commits an act in violation of:
(i) 
Section 
23A-4-1110
;
(ii)
 Section 
23A-5-302
;
[
(ii)
] 
(iii)
 Section 
23A-5-304
;
(iv) Section 
23A-5-308
;
[
(iii)
] 
(v)
 Sections 
23A-9-302
 through 
23A-9-305
; 
or
[
(iv) Section 
23A-11-201
; or
]
[
(v)
] 
(vi)
 Subsection 
23A-5-309
(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) A person who commits wanton destruction of wildlife is guilty of:
(a) a third degree felony if:
(i) the aggregate 
point
 value of the protected wildlife determined by the 
point
 values in
Subsection (3) is more than [
$500
] 
points
; or
(ii) a trophy animal was captured, injured, or destroyed;
(b) a class A misdemeanor if the aggregate 
point
 value of the protected wildlife,
determined by the 
point
 values established in Subsection (3) is more than [
$250
] 
points
,
but does not exceed [
$500
] 
points
; and
(c) a class B misdemeanor if the aggregate 
point
 value of the protected wildlife
determined by the 
point
 values established in Subsection (3) is [
$250
] 
points
 or less.
(3) Regardless of the restitution amounts imposed under Subsection 
23A-5-312
(2), the
following 
point
 values are assigned to protected wildlife for the purpose of determining the
offense for wanton destruction of wildlife:
(a) [
$1,000
] 
1,000 points
 per animal for:
(i) bison;
(ii) bighorn sheep;
(iii) rocky mountain goat;
(iv) moose;
(v) bear;
(vi) peregrine falcon;
(vii) bald eagle; or
(viii) endangered species;
(b) [
$750
] 
points
 per animal for:
(i) elk; or
(ii) threatened species;
(c) [
$500
] 
points
 per animal for:
(i) cougar;
(ii) golden eagle;
(iii) river otter; or
(iv) gila monster;
(d) [
$400
] 
points
 per animal for:
(i) pronghorn antelope; or
(ii) deer;
(e) [
$350
] 
points
 per animal for bobcat;
(f) [
$100
] 
points
 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
] 
points
 per animal for furbearers, except:
(i) bobcat;
(ii) river otter; and
(iii) threatened or endangered species;
(h) [
$25
] 
points
 per animal for trout, char, salmon, grayling, tiger muskellunge,
walleye, largemouth bass, smallmouth bass, and wiper;
(i) [
$15
] 
points
 per animal for game birds, except:
(i) turkey;
(ii) swan; and
(iii) sandhill crane;
(j) [
$10
] 
points
 per animal for game fish not listed in Subsection (3)(h);
(k) [
$8
] 
points
 per pound dry weight of processed brine shrimp including eggs; and
(l) [
$5
] 
points
 per animal for protected wildlife not listed.
(4) For purposes of sentencing for a violation under this section, a person who has been
convicted of a third degree felony under Subsection (2)(a) is not subject to the mandatory
sentencing requirements prescribed in Subsection 
76-3-203.8
(4).
(5) As part of a sentence imposed, the court shall impose a sentence of incarceration of
not less than 20 consecutive days for a person convicted of a third degree felony under
Subsection (2)(a)(ii) who captured, injured, or destroyed a trophy animal for pecuniary gain.
(6) If a person has already been convicted of a third degree felony under Subsection
(2)(a)(ii) once, each separate additional offense under Subsection (2)(a)(ii) is punishable by, as
part of a sentence imposed, a sentence of incarceration of not less than 20 consecutive days.
(7) The court may not sentence a person subject to Subsection (5) or (6) 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.
(8) Subsection (1) does not apply to actions taken in accordance with:
(a) Title 4, Chapter 14, Utah Pesticide Control Act;
(b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or
(c) Section 
23A-8-403
.
Section 18. Section 
23A-5-312
 is amended to read:
23A-5-312.
Restitution -- Disposition of money.
(1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
destruction of protected wildlife, other than a trophy animal, the court may order the defendant
to pay restitution:
(a) as set forth in Subsection (2); or
(b) in a greater or lesser amount than the amount established in Subsection (2).
(2) Suggested minimum restitution values for protected wildlife are as follows:
(a) [
$1,000
] 
$1,500
 per animal for:
(i) bison;
(ii) bighorn sheep;
(iii) rocky mountain goat;
(iv) moose;
(v) bear;
(vi) peregrine falcon;
(vii) bald eagle; or
(viii) endangered species;
(b) [
$750
] 
$1,250
 per animal for:
(i) elk; or
(ii) threatened species;
(c) [
$500
] 
$750
 per animal for:
(i) golden eagle;
(ii) river otter; or
(iii) gila monster;
(d) [
$400
] 
$600
 per animal for:
(i) pronghorn antelope; or
(ii) deer;
(e) [
$350
] 
$525
 per animal for:
(i) cougar; or
(ii) bobcat;
(f) [
$100
] 
$150
 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) $150 per horn;
[
(g)
] 
(h)
 [
$35
] 
$53
 per animal for furbearers, except:
(i) bobcat;
(ii) river otter; and
(iii) threatened or endangered species;
[
(h)
] 
(i)
 [
$25
] 
$38
 per animal for trout, char, salmon, grayling, tiger muskellunge,
walleye, largemouth bass, smallmouth bass, and wiper;
(j) $30 per pound of antler or shed antler;
[
(i)
] 
(k)
 [
$15
] 
$23
 per animal for game birds, except:
(i) turkey;
(ii) swan; and
(iii) sandhill crane;
[
(j)
] 
(l)
 [
$10
] 
$15
 per animal for game fish not listed in Subsection [
(2)(h)
] 
(2)(i)
;
[
(k)
] 
(m)
 [
$8
] 
$12
 per pound dry weight of processed brine shrimp including eggs; and
[
(l)
] 
(n)
 [
$5
] 
$8
 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 court record.
(4) (a) The court shall order a person convicted of a third degree felony under
Subsection 
23A-5-311
(2)(a)(ii) to pay restitution in accordance with Subsection (4)(b).
(b) The minimum restitution value for a trophy animal is as follows:
(i) [
$30,000
] 
$45,000
 per animal for bighorn, desert, or rocky mountain sheep;
(ii) [
$8,000
] 
$12,000
 per animal for deer;
(iii) [
$8,000
] 
$12,000
 per animal for elk;
(iv) [
$6,000
] 
$9,000
 per animal for moose or mountain goat;
(v) [
$6,000
] 
$9,000
 per animal for bison; and
(vi) [
$2,000
] 
$3,000
 per animal for pronghorn antelope.
(5) Restitution paid under Subsection (4) shall be remitted to the division and
deposited in the Wildlife Resources Account.
(6) The division shall use restitution money 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, restitution shall be in addition to:
(a) a fine or penalty imposed for a violation of this title; and
(b) a 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.
Section 19. Section 
23A-5-314
 is amended to read:
23A-5-314.
Waste of wildlife unlawful -- Criminal penalty.
(1) A person may not waste or permit to be wasted protected wildlife or a part of
protected wildlife except as otherwise provided:
(a) in this title;
(b) by rule made by the Wildlife Board under this title and in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; or
(c) by an order or proclamation.
(2) A person who violates this section is subject to the penalty provided in Section
23A-5-301
except as provided in Subsection (3)
.
(3) (a) A licensed hunter who legally kills a big game animal, but abandons the big
game animal is subject to a class A misdemeanor.
(b) A big game animal is considered abandoned if the licensed hunter acts knowingly,
intentionally, or recklessly, and:
(i) the big game animal is not tagged as required by Section 
23A-4-709
;
(ii) the big game animal is wasted;
(iii) the licensed hunter continues to hunt the same species while exercising the
benefits of the issued tag; or
(iv) no attempt or minimal attempt is made to salvage the big game animal.
Section 20. Section 
23A-5-317
 is amended to read:
23A-5-317.
Posted property -- Hunting by permission -- Entry on private land
while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable to officers.
(1) As used in this section:
(a) "Cultivated land" means land that 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.
(b) "Permission" means [
written
] 
documented
 authorization from the owner or person
in charge to enter upon private land that is either cultivated or properly posted, and shall
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.
(c) "Properly posted" means that signs prohibiting trespass or bright yellow, bright
orange, or fluorescent paint are clearly displayed:
(i) at the corners, fishing streams crossing property lines, roads, gates, and
rights-of-way entering the land; or
(ii) in a manner that would reasonably be expected to be seen by a person in the area.
(2) (a) While taking wildlife or engaging in wildlife related activities, a person may
not:
(i) without permission, enter upon privately owned land that is cultivated or properly
posted;
(ii) enter or remain on privately owned land if the person has notice to not enter or
remain on the privately owned land; or
(iii) obstruct an entrance or exit to private property.
(b) A person has notice to not enter or remain on privately owned land if:
(i) the person is directed to not enter or remain on the land by:
(A) the owner of the land;
(B) the owner's employee; or
(C) a person with apparent authority to act for the owner; or
(ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
would recognize as intended to exclude intruders.
(c) The division shall provide "hunting by permission cards" to a landowner upon the
landowner's request.
(d) A person may not post:
(i) private property the person does not own or legally control; or
(ii) land that is open to the public as provided by Section 
23A-6-402
.
(3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in
Section 
23A-5-301
 and liable for the civil damages described in Subsection (7).
(4) (a) A person convicted of violating Subsection (2)(a) may have the person's 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 a subsequent conviction that 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.
(5) Subsection (2)(a) does not apply to peace or conservation officers in the
performance of their duties.
(6) (a) The division shall provide information regarding owners' rights and duties:
(i) to anyone holding a license, certificate of registration, tag, or permit to take wildlife;
and
(ii) by using the public media and other sources.
(b) The Wildlife Board shall state restrictions in this section relating to trespassing in
the hunting and fishing proclamations issued by the Wildlife Board.
(7) In addition to an order for restitution under Section 
77-38b-205
, a person who
commits a violation of Subsection (2)(a) or (d) may also be liable for:
(a) the greater of:
(i) statutory damages in the amount of three times the value of damages resulting from
the violation of Subsection (2)(a) or (d); or
(ii) $500; and
(b) reasonable attorney fees not to exceed $250, and court costs.
(8) Civil damages under Subsection (7) may be collected in a separate action by the
property owner or the property owner's assignee.
Section 21. Section 
23A-6-402
 is amended to read:
23A-6-402.
Right of access to lands for hunting, trapping, or fishing reserved to
public -- Exception.
(1) Except as provided in Section 
65A-2-5
, there is reserved to the public the right of
access to lands owned by the state, including those lands lying below the official government
meander line or high water line of navigable waters, for the purpose of hunting, trapping, or
fishing.
(2) When a department or agency of the state leases or sells land belonging to the state
lying below the official government meander line or the high water line of the navigable waters
within the state, the lease, contract of sale, or deed shall contain a provision that:
(a) the lands shall be open to the public for the purpose of hunting, trapping, or fishing
during the lawful season, except as provided by Section 
65A-2-5
; and
(b) the lessee, contractee, or grantee may not charge a person who desires to go upon
the land for the purpose of hunting, trapping, or fishing.
(3) Lands referred to in this section shall be regulated or closed to hunting, trapping, or
fishing as provided in this title for other lands and waters.
(4) The division may temporarily close that portion of a highway, as defined in Section
72-1-102
, that enters into or crosses land owned by the division if closure is needed for the
benefit of wildlife.
Section 22. Section 
23A-11-101
 is amended to read:
23A-11-101.
Definitions.
As used in this chapter:
(1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn,
and bison.
(2) "Cultivated crops" means:
(a) annual or perennial crops harvested from or on cleared and planted land;
(b) perennial orchard trees on cleared and planted land;
(c) crop residues that have forage value for livestock; and
(d) pastures.
(3) "Management unit" means a prescribed area of contiguous land designated by the
division for the purpose of managing a species of big game animal.
(4) "Predator" means a cougar, bear, or coyote.
(5) "Shed antler" means any portion of an antler that:
(a) has been dropped naturally from a big game animal as part of the big game animal's
annual life cycle; and
(b) has a rounded base commonly known as the antler button or burr attached which
signifies a natural life cycle process.
(6) "Shed horn" means:
(a) the sheath from the horn of a pronghorn, mountain goat, or bison that has been
dropped naturally as part of the animal's annual life cycle; or
(b) a bighorn sheep horn naturally detached from the horn core.
Section 23. Section 
23A-11-206
 is enacted to read:
 23A-11-206.
Limitations on taking an antler or horn.
(1) A person may not take an antler or horn, including a shed antler or shed horn,
except as provided by this title or rules of the Wildlife Board made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) During season dates if established under Subsection (3) and after obtaining a shed
antler or horn gathering permit and hunting license under Subsection (4), an individual may
take an antler or horn, including a shed antler or shed horn.
(3) (a) The Wildlife Board may establish recreational antler or horn, including a shed
antler or shed horn, gathering season dates and rules for both residents and nonresidents made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) The Wildlife Board may establish rules for commercial gathering and selling of an
antler or horn, including a shed antler or shed horn, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(4) (a) To take an antler or horn, including a shed antler or shed horn, a resident or
nonresident 12 years old and older shall:
(i) acquire a hunting or combination license;
(ii) complete a shed antler ethic course provided by the division; and
(iii) obtain a shed antler or horn gathering permit.
(b) A shed antler or horn gathering permit is valid only for the season dates for which
the shed antler or horn gathering permit is issued.
(5) In addition to complying with Subsection (4), a resident or nonresident who is 18
years old or older shall pay to acquire the shed antler or horn gathering permit:
(a) a fee of $25 for a resident shed antler or horn gathering permit; and
(b) a fee of $50 for a nonresident shed antler or horn gathering permit.
(6) A suspension for a violation of this section or rules by the Wildlife Board under
Section 
23A-4-1106
, may include all privileges related to big game, including privileges under
a shed antler or horn gathering permit.
Section 24. Section 
23A-12-102
 is enacted to read:
 23A-12-102.
Naming conventions for birds.
(1) As used in this section:
(a) "English-language name" means the name:
(i) assigned to a bird by a naming entity for use by the English-speaking public; and
(ii) that may differ from the scientific name of the bird.
(b) "Naming entity" means a nationally recognized entity that maintains a list of
official English-language names for birds in North America and South America.
(2) (a) The division shall use the English-language name assigned to a bird by a
naming entity that was in effect on January 1, 2020, when using an English-language name
while engaging in the management of the bird or habitat for the bird.
(b) Notwithstanding Subsection (2)(a), the division may use an English-language name
assigned by a naming entity after January 1, 2020, if before January 1, 2020, there was no
English-language name.
(3) The division shall:
(a) advocate against the changing of eponymous English-language names for birds; and
(b) seek the support of national organizations with which the division affiliates to
advocate against the changing of eponymous English-language names for birds.
Section 25. Section 
63G-3-302
 is amended to read:
63G-3-302.
Public hearings.
(1) [
Each
] 
An
 agency may hold a public hearing on a proposed rule, amendment to a
rule, or repeal of a rule during the public comment period.
(2) [
Each
] 
Except as provided in Subsection (4), an
 agency shall hold a public hearing
on a proposed rule, amendment to a rule, or repeal of a rule if:
(a) a public hearing is required by state or federal mandate;
(b) (i) another state agency, 10 interested persons, or an interested association having
not fewer than 10 members request a public hearing; and
(ii) the agency receives the request in writing not more than 15 days after the
publication date of the proposed rule.
(3) The agency shall hold the hearing:
(a) before the rule becomes effective; and
(b) no less than seven days nor more than 30 days after receipt of the request for
hearing.
(4) The Wildlife Board is not required to hold a public hearing on a proposed rule,
amendment to a rule, or repeal of a rule unless required to hold a public hearing under Title
23A, Chapter 2, Part 3, Wildlife Board and Regional Councils.
Section 26. 
Repealer.
This bill repeals:
Section 
23A-3-213
,
Wildlife Resources Trust Account.
Section 
23A-11-201
,
Limit of one of species of big game during license year --
Invalid and forfeited permit or tag.
Section 27. 
FY 2025 Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
fiscal year 2025.
Subsection 27(a). 
Restricted Fund and Account Transfers.
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds to which the money is transferred must be authorized by an appropriation.
ITEM 1
 To General Fund Restricted - Wildlife Habitat Account
From General Fund Restricted - Wildlife Resources Trust
Account, One-time
$1,325,000
Schedule of Programs:
Wildlife Habitat Account
$1,325,000
The Legislature intends that the Division of Finance, after completing the appropriation in this
section, transfer any remaining balances in the General Fund Restricted - Wildlife Resources
Trust Account to the General Fund Restricted - Wildlife Habitat Account.
Section 28. 
Effective date.
This bill takes effect on July 1, 2024.