reglab/statecodes huggingface dataset:
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 10 - Education › Section 1006 - Instruction in furharvester education -- Issuance of certificate of completion.

Effective 7/1/2023
23A-4-1006.
Instruction in furharvester education -- Issuance of certificate of completion.
(1) The division shall provide a course of instruction in safe and responsible trapping, including instruction in:
(a) the use of trapping devices;
(b) trapping laws;
(c) trapping ethics;
(d) techniques in safely releasing nontarget animals;
(e) firearms safety;
(f) wildlife management;
(g) proper catch handling;
(h) trapper health and safety; and
(i) ethics relating to the avoidance of conflicts with other public land users and private landowners.
(2)
(a) A certified instructor may, on a voluntary basis, give instruction in the course of furharvester education, as established by the division.
(b) Upon the successful completion of the course, the division shall issue to the participant in the furharvester education course a certificate of completion in furharvester education.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 10 - Education › Section 1007 - Hunter and furharvester education training -- Fee.

Effective 7/1/2023
23A-4-1007.
Hunter and furharvester education training -- Fee.
The Wildlife Board shall establish the fees to be assessed for obtaining instruction in hunter education and furharvester education.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1101 - Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or certificate of registration -- Criminal penalty.

Effective 7/1/2023
23A-4-1101.
Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or certificate of registration -- Criminal penalty.
(1) A person may not:
(a) obtain or attempt to obtain a license, permit, tag, or certificate of registration by fraud, deceit, or misrepresentation;
(b) if a nonresident, purchase a resident license; and
(c) if a resident, purchase a nonresident license.
(2) A person violating Subsection (1) is guilty of a class B misdemeanor.
(3) A license, permit, certificate of registration, or tag obtained in violation of Subsection (1) is invalid.
(4) A fraudulent claim of residency in another state or country does not exempt a person from the definition of resident in Section 23A-1-101.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1103 - Imitating or counterfeiting license unlawful -- Criminal penalty.

Effective 7/1/2023
23A-4-1103.
Imitating or counterfeiting license unlawful -- Criminal penalty.
(1) A person may not imitate or counterfeit a license, permit, tag, or certificate of registration for the purpose of defrauding the state or for evading the purposes and provisions of this title.
(2) A person who violates this section is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1104 - Violation of hunter education requirements -- Criminal penalty.

Effective 7/1/2023
23A-4-1104.
Violation of hunter education requirements -- Criminal penalty.
(1) An individual may not obtain, attempt to obtain, or possess a hunting license or permit in violation of the hunter education requirements in Subsection 23A-4-1001(1).
(2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
(3) A hunting license or permit obtained or possessed in violation of Section 23A-4-1101 is invalid.
Enacted by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1105 - Violation of furharvester education requirements -- Criminal penalty.

Effective 7/1/2023
23A-4-1105.
Violation of furharvester education requirements -- Criminal penalty.
(1) An individual may not obtain, attempt to obtain, or possess a furbearer license in violation of the furharvester education requirements in Subsection 23A-4-1005(1).
(2) An individual who violates Subsection (1) is guilty of a class B misdemeanor.
(3) A furbearer license or permit obtained or possessed in violation of this section is invalid.
Enacted by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1107 - Violation of suspension -- Criminal penalty.

Effective 7/1/2023
23A-4-1107.
Violation of suspension -- Criminal penalty.
(1) A person may not apply for, purchase, possess, or attempt to exercise the benefits conferred by a permit, license, or certificate of registration specified in an order of suspension while that order is in effect.
(2) A person who violates Subsection (1) is guilty of a class B misdemeanor.
(3) A license possessed or obtained in violation of the order is invalid.
Enacted by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1108 - Court-ordered action against a license.

Effective 7/1/2023
23A-4-1108.
Court-ordered action against a license.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this chapter if so ordered by a court.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 4 - Licenses, Permits, Certificates of Registration, and Tags › Part 11 - Violations and Enforcement › Section 1109 - Warrant outstanding or failure to comply with citation -- Person not entitled to license, permit, tag, or certificate.

Effective 7/1/2023
23A-4-1109.
Warrant outstanding or failure to comply with citation -- Person not entitled to license, permit, tag, or certificate.
(1) A person may not purchase a license, permit, tag, or certificate of registration if:
(a) there is an outstanding Utah warrant against the person for failure to appear in answer to a summons for a violation of:
(i) this title; or
(ii) a rule, proclamation, or order of the Wildlife Board; or
(b) the person fails to comply with a wildlife citation in a state which is a party to the Wildlife Violator Compact set forth in Chapter 2, Part 5, Wildlife Violator Compact.
(2) The division may allow a person referred to in Subsection (1) to purchase a license, permit, tag, or certificate of registration if satisfactory proof is given that:
(a) the warrant is no longer outstanding; or
(b) the person has complied with the wildlife citation.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 2 - Enforcement › Section 202 - Powers of law enforcement section.

Effective 7/1/2023
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.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 2 - Enforcement › Section 203 - Special deputies -- Appointment -- Duties.

Effective 7/1/2023
23A-5-203.
Special deputies -- Appointment -- Duties.
The director may appoint a person, on a temporary basis, as a special deputy. A special deputy may enforce this title and rules made under this title.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 2 - Enforcement › Section 204 - Butcher, locker, or storage plant to require proper tag or donation slip.

Effective 7/1/2023
23A-5-204.
Butcher, locker, or storage plant to require proper tag or donation slip.
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 the carcass is properly tagged or is accompanied with a valid donation slip.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 2 - Enforcement › Section 205 - Enforcement -- Procedure.

Effective 7/1/2023
23A-5-205.
Enforcement -- Procedure.
In enforcing the misdemeanor or felony provisions of this title, a peace officer shall follow Title 53, Chapter 13, Peace Officer Classifications.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 2 - Enforcement › Section 206 - Search warrants.

Effective 7/1/2023
23A-5-206.
Search warrants.
(1) A search warrant may be issued by a magistrate to search for property that may constitute evidence of a violation of this title, rules, or proclamations of the Wildlife Board upon an affidavit of a person.
(2) The search warrant shall be directed to a conservation officer or a peace officer, directing the officer to search for evidence and to bring the evidence before the magistrate.
(3) A search warrant may not be issued except upon probable cause supported by oath or affirmation, particularly describing the place, person, or thing to be searched for and the person or thing to be seized.
(4) The warrant shall be served in the daytime, unless there is reason to believe that the service of the search warrant is required immediately because a person may:
(a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above;
(b) destroy or conceal evidence of the commission of a violation; or
(c) injure another person or damage property.
(5) Notwithstanding Subsection (4), a search warrant may be served at night if:
(a) there is reason to believe that a violation may occur at night; or
(b) the evidence of the violation may not be available to the officers serving the warrant during the day.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 2 - Enforcement › Section 207 - Exhibition of license, permit, tag, or device required -- Criminal penalty.

Effective 7/1/2023
23A-5-207.
Exhibition of license, permit, tag, or device required -- Criminal penalty.
(1) A person while engaged in an activity regulated under this title, shall exhibit the following at the request of conservation officer or other peace officer:
(a) the required license, permit, or tag;
(b) device or apparatus in that person's possession used for an activity regulated under this title; or
(c) wildlife in that person's possession.
(2) A conservation officer who has a reasonable belief that a person is engaged in an activity regulated under this title may stop and temporarily detain that person to demand and inspect:
(a) the required license, permit, or tag;
(b) a device or apparatus in that person's possession used for an activity regulated under this title; or
(c) wildlife in that person's possession.
(3) A person is subject to the penalties of Section 23A-5-301 if the person fails to produce for examination to a correction officer or other peace officer any of the required licenses, permits, tags, devices or apparatuses used for an activity regulated under this title or wildlife in that person's possession.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 301 - Violations in general -- Criminal penalty -- Aiding or assisting violation.

Effective 7/1/2023
23A-5-301.
Violations in general -- Criminal penalty -- Aiding or assisting violation.
(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.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 302 - Captivity of protected wildlife unlawful -- Criminal penalty.

Effective 7/1/2023
23A-5-302.
Captivity of protected wildlife unlawful -- Criminal penalty.
(1) A person may not hold in captivity at any time protected wildlife except as provided by this title or rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 303 - Importation or exportation and release of wildlife unlawful -- Criminal penalty.

Effective 7/1/2023
23A-5-303.
Importation or exportation and release of wildlife unlawful -- Criminal penalty.
(1) A person may not:
(a) import into or export from the state a species of live native or exotic wildlife; or
(b) possess or release from captivity imported live wildlife described in Subsection (1)(a).
(2) Notwithstanding Subsection (1), a person may engage in an act described in Subsection (1) if:
(a) provided for in this title or the rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(b) the person first secures written permission from the division.
(3) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 304 - Commercialization of wildlife unlawful -- Criminal penalty.

Effective 7/1/2023
23A-5-304.
Commercialization of wildlife unlawful -- Criminal penalty.
(1) A person may not use wildlife as a commercial venture for financial gain except as provided in this title or under rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 305 - Release of wildlife unlawful -- Criminal penalty.

Effective 7/1/2023
23A-5-305.
Release of wildlife unlawful -- Criminal penalty.
(1)
(a) A person may not release or transplant a live terrestrial or aquatic wildlife into the wild:
(i) without a certificate of registration issued by the division authorizing the release; or
(ii) except as provided in this title and rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) The division may only authorize the transplanting of big game, turkeys, wolves, threatened or endangered species, or sensitive species as provided in Section 23A-2-209.
(2) Except as provided in Section 23A-5-306, a person who violates Subsection (1) is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 306 - Import, transport, or release of threatened or endangered species -- Criminal penalty.

Effective 7/1/2023
23A-5-306.
Import, transport, or release of threatened or endangered species -- Criminal penalty.
(1) A person may not knowingly and without lawful authority import, transport, or release a live species of wildlife that the person knows is listed as threatened or endangered, or is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with the intent to establish the presence of that species in an area of the state not currently known to be occupied by a reproducing population of that species.
(2) A person who violates Subsection (1) is guilty of a third degree felony.
Enacted by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 307 - Use of a computer or other device to remotely hunt wildlife prohibited -- Trail cameras -- Criminal penalty.

Effective 7/1/2023
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) 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.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 345, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 308 - Administering substances to protected wildlife prohibited -- Exceptions -- Criminal penalty.

Effective 7/1/2023
23A-5-308.
Administering substances to protected wildlife prohibited -- Exceptions -- Criminal penalty.
(1) For purposes of this section:
(a) "Administer" means the application of a substance by any method, including:
(i) injection;
(ii) inhalation;
(iii) ingestion; or
(iv) absorption.
(b) "Agricultural producer" means a person who produces an agricultural product.
(c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
(d) "Substance" means a chemical or organic substance that:
(i) pacifies;
(ii) sedates;
(iii) immobilizes;
(iv) harms;
(v) kills;
(vi) controls fertility; or
(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (4) or a rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may not administer or attempt to administer a substance to protected wildlife.
(3) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
(4)
(a) A division employee or a person with written permission from the division may administer a substance to protected wildlife if that employee or person administers the substance to promote wildlife management and conservation.
(b) One or more of the following may administer a substance to protected wildlife that the person is authorized by this title, the Wildlife Board, or the division to possess:
(i) a licensed veterinarian;
(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(iii) a person who is following written instructions for veterinary care from a licensed veterinarian.
(5) Notwithstanding the other provisions of this section, a person is not liable under this section for administering a substance, notwithstanding the substance has an effect described in Subsection (1)(d) on protected wildlife, if:
(a) an agricultural producer administers the substance:
(i) for the sole purpose of producing an agricultural product and not for the purpose of affecting protected wildlife in a manner described in Subsection (1)(d);
(ii) consistent with generally accepted agricultural practices; and
(iii) in compliance with applicable local, state, and federal law; or
(b) the protected wildlife presents an immediate threat of death or serious bodily injury to a person.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 310 - Taking protected wildlife while trespassing -- Criminal penalty.

Effective 7/1/2023
23A-5-310.
Taking protected wildlife while trespassing -- Criminal penalty.
(1) A person may not take or permit the person's dog to take, while in violation of Subsection 23A-5-317(2):
(a) protected wildlife or protected wildlife parts;
(b) an occupied nest of protected wildlife; or
(c) an egg of protected wildlife.
(2) A person who violates Subsection (1) is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 313 - Habitual wanton destruction of protected wildlife -- Criminal penalty.

Effective 7/1/2023
23A-5-313.
Habitual wanton destruction of protected wildlife -- Criminal penalty.
(1) As used in this section, "convicted" includes a guilty adjudication, guilty plea, no contest plea, and guilty or no contest plea entered in a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance.
(2) A person commits habitual wanton destruction of protected wildlife if the person:
(a) takes a big game animal in violation of Section 23A-5-311; and
(b) within seven years of the day on which the violation described in Subsection (2)(a) occurs, has twice been convicted of taking a big game animal in violation of Section 23A-5-311.
(3) A person who commits habitual wanton destruction of protected wildlife is guilty of a third degree felony.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 314 - Waste of wildlife unlawful -- Criminal penalty.

Effective 7/1/2023
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.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 315 - Airplanes or terrestrial or aquatic vehicles -- Use in taking wildlife unlawful -- Exceptions -- Criminal penalty.

Effective 7/1/2023
23A-5-315.
Airplanes or terrestrial or aquatic vehicles -- Use in taking wildlife unlawful -- Exceptions -- Criminal penalty.
(1) A person may not take wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles, except as provided by this title or in the rules made by of the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
(3) Notwithstanding Subsection (1), the Wildlife Board may authorize an individual validly licensed to hunt, to hunt from a vehicle under terms and conditions specified by the Wildlife Board if the individual has:
(a) paraplegia; or
(b) a disability that permanently confines the individual to a wheelchair or the use of crutches.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 316 - Signs or equipment -- Damage or destruction unlawful -- Criminal penalty.

Effective 7/1/2023
23A-5-316.
Signs or equipment -- Damage or destruction unlawful -- Criminal penalty.
(1) A person may not:
(a) shoot at, shoot, deface, damage, remove, or destroy a division sign or placard located in this state; or
(b) damage, destroy, remove, or cause to be damaged, destroyed, or removed equipment or devices owned, controlled, or operated by the division.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 318 - Destruction of signs or inclosure on private land unlawful -- Criminal penalty.

Effective 7/1/2023
23A-5-318.
Destruction of signs or inclosure on private land unlawful -- Criminal penalty.
(1) A person may not, without the consent of the owner or person in charge of privately owned land:
(a) tear down, mutilate, or destroy a sign, signboard, or other notice that regulates trespassing for purposes of hunting, trapping, or fishing on this land; or
(b) tear down, deface, or destroy:
(i) a fence or other inclosure on the privately owned land; or
(ii) a gate or bars belonging to a fence or inclosure on the privately owned land.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 319 - Interference with, intimidation, or harassment of officer unlawful.

Effective 7/1/2023
23A-5-319.
Interference with, intimidation, or harassment of officer unlawful.
(1) A person may not interfere with, intimidate, or harass a conservation officer or special deputy in the lawful performance of the conservation officer's or special deputy's duty.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 320 - Failure to stop at roadblocks or checking stations unlawful.

Effective 7/1/2023
23A-5-320.
Failure to stop at roadblocks or checking stations unlawful.
(1) A person may not fail to stop at a division roadblock or checking station when a stop sign or red or blue light is displayed.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 321 - Interference with hunting prohibited -- Action to recover damages -- Exceptions -- Criminal penalty.

Effective 7/1/2023
23A-5-321.
Interference with hunting prohibited -- Action to recover damages -- Exceptions -- Criminal penalty.
(1) A person may not interfere with the right of a person licensed and legally hunting under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags, to take wildlife by driving, harassing, or intentionally disturbing a species of wildlife for the purpose of disrupting a legal hunt, trapping, or predator control.
(2) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
(3) A directly affected person or the state may bring an action to recover civil damages resulting from a violation of Subsection (1) or a restraining order to prevent a potential violation of Subsection (1).
(4) This section does not apply to incidental interference with a hunt caused by lawful activities including ranching, mining, and recreation.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 3 - Violations › Section 322 - Interference with hunters or hunting activity -- Criminal penalty.

Effective 7/1/2023
23A-5-322.
Interference with hunters or hunting activity -- Criminal penalty.
A person who intentionally interferes with a person who is licensed and taking wildlife legally under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags, or disrupts an activity involving a legal hunt, trapping, falconry, or predator control may be charged with a violation under Section 76-9-102 if that interference or disruption constitutes a violation under Section 76-9-102.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
23A-6-101 .
Definitions.
As used in this chapter:
(1)
(a) "General plan" means a document that a municipality or county adopts that sets forth general guidelines for proposed future development of the land within the municipality or county.
(b) "General plan" includes what is commonly referred to as a "master plan."
(2) "Management plan" means a document prepared in accordance with this chapter that describes how one or more tracts of land owned or managed by the division are to be used.
(3) "Wildlife management area" means:
(a) a single tract of land owned or managed by the division; or
(b) two or more tracts of land owned or managed by the division that are within close proximity of each other and managed as a single unit.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 2 - Acquisition › Section 201 - Acquisition of lands, waters, and rights-of-way -- Authority of division.

Effective 7/1/2023
23A-6-201.
Acquisition of lands, waters, and rights-of-way -- Authority of division.
The division may acquire lands, waters, and rights-of-way by purchase, lease, agreement, gift, exchange, contribution, or any other lawful means, for authorized activities of the division as outlined by this title and the rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 2 - Acquisition › Section 202 - Acquisition of real property held in private ownership -- Published notice and governor's approval required.

Effective 7/1/2023
23A-6-202.
Acquisition of real property held in private ownership -- Published notice and governor's approval required.
(1) The division may not acquire title to real property held in private ownership without first:
(a) publishing a notice of the proposed acquisition:
(i) in a newspaper of general circulation in the county in which the property is located; and
(ii) as required in Section 45-1-101; and
(b) obtaining the approval of the governor.
(2) Subsection (1) applies whether title to real property held in private ownership is acquired through a purchase, donation, or other means.
(3) In the case of a proposed purchase of private property, the division may publish notice after earnest money is paid.
(4) The published notice shall inform the public regarding:
(a) the proposed use of the real property;
(b) any conditions on the acquisition of the real property placed by donors, the federal government, sellers, or others specifying how the real property is to be used;
(c) any changes to existing land uses that are anticipated; and
(d) the public comment submission process for comments on the proposed acquisition.
(5) The governor shall:
(a) submit a notification of the proposed acquisition to:
(i) the county executive of the county in which the real property is located;
(ii) the legislators of the legislative districts in which the real property is located; and
(iii) the School and Institutional Trust Lands Administration; and
(b) invite those notified to submit comments on the proposed acquisition.
(6) After considering comments on the proposed acquisition, the governor may:
(a) approve the acquisition in whole or in part; or
(b) disapprove the acquisition.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 2 - Acquisition › Section 203 - Payments in lieu of property taxes on property purchased by division.

Effective 7/1/2023
23A-6-203.
Payments in lieu of property taxes on property purchased by division.
(1) Before the purchase of real property held in private ownership, the division shall:
(a) first submit the proposition to the county legislative body in a regular open public meeting in the county where the real property is located; and
(b) by contractual agreement with the county legislative body, approved by the executive director, agree to pay an amount of money in lieu of property taxes to the county.
(2) The division shall, by contractual agreement with the county legislative body in which real property previously acquired from private ownership and now owned by the division is located, agree to pay annually an amount of money in lieu of wildlife resource fine money, previously paid to the county.
(3) A payment provided for in this section may not:
(a) exceed what the regularly assessed real property taxes would be if the real property had remained in private ownership; and
(b) include an amount for buildings, installations, fixtures, improvements or personal property located upon the real property or for those acquired, constructed, or placed by the division after the division acquires the real property.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 2 - Acquisition › Section 204 - Acquisition of lands by United States for migratory bird refuges.

Effective 7/1/2023
23A-6-204.
Acquisition of lands by United States for migratory bird refuges.
(1)
(a) The state consents to acquisition by the United States of the areas of land or water in the state, as the United States may consider necessary, by and with the consent of the county legislative body of the county where the land or water are located and after approval of application, subject to the laws of the state for water rights, for the establishment and maintenance of migratory waterfowl refuges in accordance with and for the purpose of the Migratory Bird Conservation Act, 16 U.S.C. Sec. 715 to 715s, as amended, and Migratory Bird Hunting Stamp Act, 16 U.S.C. Sec. 718a to 718k, as amended.
(b) The United States may use the land or water described in this Subsection (1) as refuge for migratory birds, reserving to the state jurisdiction, both civil and criminal, of persons upon the areas acquired except so far as the punishment of offenses against the United States are concerned.
(2)
(a) This section may not be construed to impose upon the state or an agency of the state an obligation to convey to the United States any interest in land or water owned or controlled by the state, except upon appropriate terms and for adequate consideration.
(b) The reservation to the state of coal and other minerals in lands sold by the state within areas so established and easements retained by the state to prospect for, mine, and remove the same are declared to be subject to rules and regulations prescribed from time to time by the Secretary of the Interior for the occupation, use, operation, protection, and administration of these areas as refuges for migratory birds.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 2 - Acquisition › Section 205 - Wildlife Land and Water Acquisition Program.

Effective 5/3/2023
23A-6-205.
Wildlife Land and Water Acquisition Program.
(1) As used in this section, "program" means the Wildlife Land and Water Acquisition Program created in Subsection (2).
(2) There is created a program known as the "Wildlife Land and Water Acquisition Program" under which the division may lease or acquire land or water assets that achieve one or more of the following:
(a) protect and enhance wildlife populations;
(b) provide the public the opportunity to hunt, trap, or fish; and
(c) conserve, protect, and enhance wildlife habitat.
(3) In making a decision as to whether to lease or acquire land or water assets, the division shall:
(a) consult the relevant state or county resource management plan;
(b) prioritize leases or acquisitions that involve land that:
(i) is adjacent to land already owned by the division; or
(ii) provides access to other public land;
(c) develop a management plan for the land or water asset in a manner consistent with Section 23A-6-301; and
(d) facilitate grazing as a management tool if consistent with the management plan described in Subsection (3)(c).
(4) The division shall annually report to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee regarding how the division expends money in the program.
Enacted by Chapter 345, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 3 - Management Plans › Section 301 - Management plans.

Effective 7/1/2023
23A-6-301.
Management plans.
(1) The division shall prepare a management plan for each wildlife management area. Upon adoption of a management plan by the director, the division shall manage the lands within the wildlife management area in accordance with the management plan.
(2) A management plan shall include:
(a) a statement of the proposed or anticipated uses;
(b) a description of management limitations or conditions covering the wildlife management area;
(c) an inventory of the existing conditions;
(d) a statement of the desired future condition of the wildlife management area;
(e) a list of strategies that may be implemented to achieve the desired future condition; and
(f) a description of any reallocation of forage, water, or other resource appurtenant to the land within the wildlife management area.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 3 - Management Plans › Section 302 - Preparation of management plans -- Participation by interested persons and local and tribal governments -- Compatibility with local government plans and existing rights.

Effective 7/1/2023
23A-6-302.
Preparation of management plans -- Participation by interested persons and local and tribal governments -- Compatibility with local government plans and existing rights.
(1) The division shall invite persons who may have an interest in how the land in a wildlife management area is managed to participate in the management planning process.
(2) Those persons may include:
(a) persons who use, or may use, the land in a wildlife management area for:
(i) agriculture, mining, or other commercial pursuits;
(ii) hunting or fishing;
(iii) recreation; or
(iv) other uses;
(b) adjacent or nearby landowners or residents; or
(c) other interested parties.
(3) The division shall invite local government officials to participate in the management planning process.
(4) In preparing a management plan, the division shall seek to make land uses compatible with:
(a) local government general plans and zoning and land use ordinances; and
(b) existing rights of others within the wildlife management area.
(5)
(a) If the land in a wildlife management area is located within or adjacent to tribal lands, the division shall invite tribal government officials to participate in the management planning process.
(b) Participation by tribal officials in the development of management plans for lands owned by the division does not waive the tribe's sovereignty.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 3 - Management Plans › Section 303 - Review and adoption of management plans.

Effective 7/1/2023
23A-6-303.
Review and adoption of management plans.
(1) The division shall submit a draft management plan to the Resource Development Coordinating Committee created in Section 63L-11-401 and the Habitat Council created by the division for their review and recommendations.
(2) The division shall submit a draft management plan and any recommendations received from the Resource Development Coordinating Committee and the Habitat Council to:
(a) the regional advisory council for the wildlife region in which the lands covered by the management plan are located; and
(b) the regional advisory council for a wildlife region that may be affected by the management plan.
(3) A regional advisory council reviewing a draft management plan may make recommendations to the director.
(4) The director may adopt the management plan, adopt the management plan with amendments, or reject the management plan.
(5)
(a) At the request of the director or a member of the Wildlife Board, the Wildlife Board may review a management plan to determine whether the plan is consistent with Wildlife Board policies.
(b) The director may amend a management plan in accordance with recommendations made by the Wildlife Board.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 3 - Management Plans › Section 304 - Procedure to revise a management plan.

Effective 7/1/2023
23A-6-304.
Procedure to revise a management plan.
(1) A person seeking a revision of a management plan may request the regional advisory council in the region where the land in a wildlife management area is located to consider the proposal to revise the management plan. The regional advisory council shall consider the proposal and advise the division.
(2) The process specified in Sections 23A-6-302 and 23A-6-303 shall be used to revise a management plan.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 3 - Management Plans › Section 305 - Change in land use where a management plan is not in effect -- Notification to affected persons -- Compatibility with local government plans.

Effective 7/1/2023
23A-6-305.
Change in land use where a management plan is not in effect -- Notification to affected persons -- Compatibility with local government plans.
(1) If a management plan has not been adopted by the director for a tract of land owned by the division, the division may not change an existing right to use the land until the division notifies those who may be affected by the change and local government officials.
(2) When changing an existing right to use the land, the division shall seek to make uses of division-owned land compatible with local government general plans and zoning and land use ordinances.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 4 - Use of Land › Section 401 - Target shooting prohibitions.

Effective 7/1/2023
23A-6-401.
Target shooting prohibitions.
(1) As used in this section:
(a) "County sheriff" means the individual holding the office of county sheriff in the portion of a wildlife management area where target shooting will be, or is, prohibited under this section.
(b) "Extremely hazardous" means categorized as "extreme" under a nationally recognized standard for rating fire danger.
(2) Subject to Subsections (3) and (4), the division may prohibit the use of firearms for target shooting within all or part of a wildlife management area if the director finds, and the county sheriff agrees, that conditions in that portion of the wildlife management area are extremely hazardous.
(3) A prohibition under this section:
(a) shall undergo a formal review by the director and the county sheriff every 14 days;
(b) may not prohibit an individual from legally possessing a firearm or lawfully participating in a hunt; and
(c) may only remain in place for as long as extremely hazardous conditions exist in the area that is subject to the prohibition.
(4) The director and the county sheriff shall:
(a) via a written document, agree to the terms of a prohibition under this section, including:
(i) the exact area where target shooting is prohibited; and
(ii) the date when the prohibition becomes effective; and
(b) comply with Subsection (4)(a) at each formal review under Subsection (3)(a).
Renumbered and Amended by Chapter 103, 2023 General Session