Utah Code § 23A-1-101 — Utah Code / Title 23A / Chapter 23A-1 / § 23A-1-101
§ 23A-1-101. Definitions.
Status: in_force

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) "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. (11) "Department" means the Department of Natural Resources. (12) "Director" means the director of the division appointed under Section 23A-2-202. (13) "Division" means the Division of Wildlife Resources. (14) "Division of Law Enforcement" means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. (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; (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) "Guide" means the same as that term is defined in Section 23A-4-1201. (24) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any means. (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) "Light enhancement device" means a device or other technology that allows an individual to see in the dark. (b) "Light enhancement device" includes a spotlight, thermal vision, and night vision. (27) (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. (28) (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. (29) "Natural resources officer" means the same as that term is defined in Section 79-2-701. (30) "Night hunting" means the practice of using a light enhancement device to aid in seeing in the dark while hunting wildlife between sunset and sunrise that is not protected wildlife. (31) "Nominating committee" means the Wildlife Board Nominating Committee created in Section 23A-2-302. (32) "Nonresident" means a person who does not qualify as a resident. (33) "Open season" means the period of time during which protected wildlife may be legally taken. (34) "Outfitter" means the same as that term is defined in Section 23A-4-1201. (35) "Pecuniary gain" means the acquisition of money or something of monetary value. (36) "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. (37) "Person" means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. (38) "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. (39) "Possession" means actual or constructive possession. (40) "Possession limit" means the number of bag limits one individual may legally possess. (41) (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. (42) "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. (43) "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. (44) "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. (45) (a) "Protected aquatic wildlife" means aquatic wildlife except as provided in Subsection (45)(b). (b) "Protected aquatic wildlife" does not include aquatic insects. (46) (a) "Protected wildlife" means wildlife, except as provided in Subsection (46)(b). (b) "Protected wildlife" does not include: (i) coyote; (ii) feral swine; (iii) field mouse; (iv) gopher; (v) ground squirrel; (vi) jack rabbit; (vii) muskrat; (viii) raccoon; (ix) red fox; or (x) striped skunk. (47) "Regional advisory council" means a council created under Section 23A-2-303. (48) "Released to the wild" means to be turned loose from confinement. (49) (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. (50) 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. (51) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. (52) "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. (53) "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. (54) "Spoiled" means impairment of the flesh of wildlife that renders the flesh unfit for human consumption. (55) "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. (56) "Tag" means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. (57) "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 (57)(a). (58) "Thermal vision" means the ability of a biological or artificial system to detect infrared radiation by detecting temperature to capture and recognize diverse levels of infrared illumination. (59) "Threatened" means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. (60) "Trapping" means taking protected wildlife with a trapping device. (61) "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. (62) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare. (63) "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. (64) "Wild" means the natural environment, including a private pond or private property. (65) "Wildlife" means: (a) crustaceans, including brine shrimp and crayfish; (b) mollusks; and (c) vertebrate animals living in nature, except feral animals. (66) "Wildlife Board" means the board created in Section 23A-2-301. (67) "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.