Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 153 (2025GS)

Sponsor

Rep. Shipp, Rex P.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Guide, Outfitter, and Spotter Fund;
• provides when the use of a guide, outfitter, or spotter is unlawful;
• requires registration with the Division of Wildlife Resources (division);
• provides for rulemaking;
• permits the division to take action related to an applicant or registrant;
• outlines prohibited activities and penalties for violations;
• addresses the operations of a guide, outfitter, or spotter;
• repeals regulation by the Division of Professional Licensing; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

5
23A-5-309
23A-11-204
58-79-501
Hunting Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
LONG TITLE
General Description:
This bill addresses the taking of wildlife through the use of a hunting guide or outfitter.
Highlighted Provisions:
This bill:
allows for compensating up to three individuals in locating or monitoring the location of 
big game animals on public land;
provides an exemption under certain circumstances for an individual disclosing the 
location of a big game animal;
clarifies effect of violating provisions related to compensating people to locate big game 
animals; and
makes technical amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23A-5-309
, as renumbered and amended by Laws of Utah 2023, Chapter 103
23A-11-204
, as renumbered and amended by Laws of Utah 2023, Chapter 103
58-79-501
, as last amended by Laws of Utah 2020, Chapters 316, 376
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
23A-5-309
 is amended to read:
23A-5-309. Taking, transporting, selling, or purchasing protected wildlife illegal 
except as authorized -- Criminal penalty.
(1)
Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a 
person may not:
(a)
take protected wildlife or wildlife parts;
(b)
collect, import, possess, transport, propagate, store, donate, transfer, or export 
protected wildlife or wildlife parts;
(c)
take, possess, sell, purchase, barter, donate, or trade protected wildlife or wildlife 
parts without having previously procured the necessary licenses, permits, tags, 
federal stamps, certificates of registration, authorizations, and receipts required in this 
title or a rule, proclamation, or order of the Wildlife Board;
(d)
take protected wildlife with a weapon, ammunition, implement, tool, device, or any 
part of any of these not specifically authorized in this title or a rule, proclamation, or 
order of the Wildlife Board;
(e)
possess while in pursuit of protected wildlife a weapon, ammunition, implement, 
tool, device, or any part of any of these not specifically authorized in this title or a 
rule, proclamation, or order of the Wildlife Board;
(f)
take protected wildlife using a method, means, process, or practice not specifically 
authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(g)
take protected wildlife outside the season dates, location boundaries, and daily time 
frames established in rule, proclamation, or order of the Wildlife Board;
(h)
take protected wildlife in excess of the bag and possession limits established in rule, 
proclamation, or order of the Wildlife Board;
(i)
take protected wildlife in an area closed to hunting, trapping, or fishing by rule, 
proclamation, or order of the Wildlife Board, or by executive order of the director 
pursuant to Subsection 
23A-2-203(4)
;
(j)
practice falconry or capture, possess, or use birds in falconry;
(k)
take wildlife from an airplane or any other airborne vehicle or device or a motorized 
terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
(l)
hold in captivity at any time any live protected wildlife;
(m)
use or permit a dog or other domestic or trained animal to take protected wildlife;
(n)
remove, damage, or destroy an occupied nest of protected wildlife;
(o)
release captured or captive wildlife into the wild;
(p)
use spotlighting to take protected wildlife;
(q)
employ or use a means of concealment or camouflage while taking protected wildlife 
which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
(r)
possess or use bait or other attractant to take protected wildlife which is prohibited in 
this title or a rule, proclamation, or order of the Wildlife Board;
(s)
use a decoy or recorded or electronically amplified call which is prohibited in this 
title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
(t)
commercially harvest protected wildlife, including brine shrimp and brine shrimp 
eggs;
(u)
use protected wildlife for commercial purposes or financial gain as prohibited by 
Section 
23A-5-304
;
(v)
enter, establish, or hold a contest or tournament involving the taking of protected 
wildlife;
(w)
operate or participate in a commercial hunting area as described in Section 
23A-12-202
; 
or
(x)
operate or participate in a cooperative wildlife management unit as defined in 
Section 
23A-7-101
.
; or
(y)
operate or participate in outfitter or hunting guide activities in violation of Section 
23A-11-204
.
(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 subject to the penalty under Section 
23A-5-301
 if the person:
(a)
violates Subsection 
(1)
; and
(b)
does so with criminal negligence as defined in Subsection 
76-2-103(4)
.
Section 2, Section 
23A-11-204
 is amended to read:
23A-11-204. Limitation on compensating people to provide outfitting or hunting 
guide services for big game animals.
(1)
As used in this section:
(a)
"Compensate" or "compensated" means anything of value in excess of $25 that is 
paid, loaned, given, granted, donated, or transferred to a person for or in 
consideration of locating or monitoring the location of big game animals.
(b)
"Retain" or "retained" means a written or oral agreement for the delivery of outfitting 
services or hunting guide services between an outfitter or hunting guide and the 
recipient of those services.
(2)
Except as provided in Subsections 
(3)
 and 
(4)
, a person may not compensate another 
person to locate or monitor the location of big game animals on public land in 
connection with or furtherance of taking a big game animal under this title.
(3)
A person may compensate a registered outfitter or hunting guide to help the person 
locate and take a big game animal on public land if:
(a)
the outfitter or hunting guide is registered and in good standing under 
Title 58, 
Chapter 79, Hunting Guides and Outfitters Registration Act
;
(b)
the person has retained the outfitter or hunting guide and is the recipient of the 
outfitting services and hunting guide services, as defined in Section 
58-79-102
;
(c)
the person possesses the licenses and permits required to take a big game animal;
(d)
the person retains and uses not more than one outfitter or hunting guide in 
connection with taking a big game animal; and
(e)
the retained outfitter or hunting guide uses no more than 
one compensated individual
three compensated individuals
 in locating or monitoring the location of big game 
animals on public land.
(4)
A registered outfitter or registered hunting guide in good standing may compensate 
another person to locate or monitor the location of big game animals on public land if:
(a)
the outfitter or hunting guide has been retained by the recipient of the outfitting 
services or hunting guide services to assist the recipient take a big game animal on 
public land;
(b)
the recipient possesses the licenses and permits required to take a big game animal;
(c)
the recipient is not simultaneously using another outfitter or hunting guide to assist in 
taking the same species and sex of big game animal; and
(d)
the outfitter or hunting guide compensates not more than 
one other individual
three 
other individuals
 to locate or monitor the location of big game animals in connection 
with assisting the recipient take a big game animal on public land.
(5)
This section does not apply to an individual who informs an outfitter or hunting guide of 
the location of a big game animal without being employed to locate or monitor the 
location of a big game animal by an outfitter, hunting guide, or recipient of the outfitting 
services or hunting guide services.
(5)
(6)
A violation of:
(a)
this section constitutes an unlawful take under Section 
23A-5-309
; and
(b)
Subsection 
(4)
 constitutes unlawful conduct under Sections 
58-1-501
, 
58-1-502
, and 
58-79-501
.
Section 3, Section 
58-79-501
 is amended to read:
58-79-501. Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 
58-1-501
,
:
(1)
 using the title "hunting guide" or "outfitter" or any other title or designation to indicate 
that the individual is a hunting guide or outfitter or acting as a hunting guide or outfitter, 
unless the individual is currently registered as a hunting guide or outfitter under this 
chapter
.
; or
(2)
violating Subsection 
23A-11-204(4)
.
Section 4. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-9-25 1:43 PM