reglab/statecodes huggingface dataset:
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 6 - Lands and Waters for Wildlife Purposes › Part 4 - Use of Land › Section 402 - Right of access to lands for hunting, trapping, or fishing reserved to public -- Exception.

Effective 7/1/2023
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.
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 404 - Unlawful uses and activities on division lands.

Effective 7/1/2023
23A-6-404.
Unlawful uses and activities on division lands.
(1) Except as authorized by statute, rule, contractual agreement, special use permit, certificate of registration, or public notice, a person may not on division land:
(a) remove, extract, use, consume, or destroy an improvement or cultural or historic resource;
(b) remove, extract, use, consume, or destroy sand, gravel, cinder, ornamental rock, or other common mineral resource, or vegetation resource, except a person may collect for noncommercial uses up to 250 pounds per calendar year of common rock or gravel lying on the surface of the ground;
(c) allow livestock to graze;
(d) remove a plant or portion of a plant for commercial gain purposes;
(e) enter, use, or occupy division land that is posted against entry, use, or occupancy;
(f) enter, use, or occupy division land as part of a group of more than 25 people, except a group may include up to 50 persons if the group consists of extended family members;
(g) enter, use, or occupy division land while engaged in or part of an organized event;
(h) use, occupy, destroy, move, or construct a structure, including a fence, water control device, road, survey and section marker, or sign;
(i) prohibit, prevent, or obstruct public entry on division lands when public entry is authorized by the division;
(j) attempt to manage or control division lands in a manner inconsistent with division management plans, rules, or policies;
(k) solicit, promote, negotiate, barter, sell, or trade a product or service on, or obtained from, division lands for commercial gain;
(l) park a motor vehicle or trailer or camp for more than 14 consecutive days unless the area is posted for a different duration;
(m) light a fire without taking adequate precaution to prevent spreading of the fire or leave a fire unattended;
(n) use fireworks, an explosive, a poison, a herbicide, an insecticide, or a pesticide;
(o) use a motorized vehicle of any kind except as authorized by declaration, management plan, or posting; or
(p) use division lands for a purpose that violates applicable land use restrictions imposed by statute, rule, or by the division.
(2) A person who unlawfully uses division lands is liable for damages in the amount of:
(a) the value of the resource removed, destroyed, or extracted;
(b) the amount of damage caused; and
(c) whichever is greater of:
(i) the value of losses or expenses caused as a result of interference with authorized activities; or
(ii) the consideration which would have been charged by the division for use of the land during the period of trespass.
(3) This section does not apply to division employees or division volunteers while acting in the lawful performance of the employees' or volunteers' duties.
(4) Except as otherwise provided by statute, the criminal penalty for a violation of this section is prescribed in Section 23A-5-301.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
23A-7-101.
Definitions.
As used in this chapter:
(1) "Cooperative wildlife management unit" means a generally contiguous area of land that is:
(a) open for hunting small game, waterfowl, turkey, or big game; and
(b) registered in accordance with this chapter and rules of the Wildlife Board.
(2) "Cooperative wildlife management unit agent" means a person appointed by a landowner, landowner association, or landowner association operator to perform the functions described in Section 23A-7-207.
(3) "Cooperative wildlife management unit authorization" means a card, label, ticket, or other identifying document authorizing the possessor to hunt small game or waterfowl in a cooperative wildlife management unit.
(4) "Cooperative wildlife management unit permit" means a permit authorizing the possessor to hunt turkey, or big game in a cooperative wildlife management unit.
(5) "Landowner association" means a landowner or an organization of owners of private lands who operates a cooperative wildlife management unit.
(6) "Landowner association operator" means a person designated by a landowner association to operate the cooperative wildlife management unit.
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 7 - Cooperative Wildlife Management Units › Part 1 - General Provisions › Section 102 - Rulemaking authority of Wildlife Board.

Effective 7/1/2023
23A-7-102.
Rulemaking authority of Wildlife Board.
The Wildlife Board may make and enforce rules applicable to cooperative wildlife management units organized for the hunting of small game, waterfowl, turkey, or big game that in the Wildlife Board's judgment are necessary to administer and enforce this chapter.
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 7 - Cooperative Wildlife Management Units › Part 1 - General Provisions › Section 103 - Purposes of wildlife management units.

Effective 7/1/2023
23A-7-103.
Purposes of wildlife management units.
A cooperative wildlife management unit is established to:
(1) provide income to landowners;
(2) create satisfying hunting opportunities;
(3) increase wildlife resources;
(4) provide adequate protection to landowners who open their lands for hunting; and
(5) provide access to public and private lands for hunting.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 201 - Operation by landowner association.

Effective 7/1/2023
23A-7-201.
Operation by landowner association.
(1) A landowner association shall operate a cooperative wildlife management unit as prescribed by this chapter and the rules of the Wildlife Board.
(2) For purposes of this chapter, a landowner association operator may not:
(a) be appointed by the division; or
(b) be an employee or agent of the division.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 202 - Certificate of registration -- Renewal.

Effective 7/1/2023
23A-7-202.
Certificate of registration -- Renewal.
(1) A landowner association may not establish or operate a cooperative wildlife management unit without first obtaining a certificate of registration from the Wildlife Board.
(2) The Wildlife Board may renew annually certificates of registration if the landowner association has previously complied with this chapter and the rules of the Wildlife Board made 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 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 203 - Season dates -- Boundaries -- Review by councils and Wildlife Board.

Effective 7/1/2023
Superseded 8/1/2024
23A-7-203.
Season dates -- Boundaries -- Review by councils and Wildlife Board.
(1) The Wildlife Board shall establish season dates and boundaries for each cooperative wildlife management unit.
(2) Season dates may differ from general statewide season dates.
(3) At least every five years, the relevant regional advisory council and Wildlife Board shall review a cooperative wildlife management unit containing public land.
Renumbered and Amended by Chapter 103, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 203 - Season dates -- Boundaries -- Review by councils and Wildlife Board.

Effective 8/1/2024
23A-7-203.
Season dates -- Boundaries -- Review by councils and Wildlife Board.
(1) The Wildlife Board shall establish season dates and boundaries for each cooperative wildlife management unit except as provided in Subsection (2).
(2)
(a) A season date for a cooperative wildlife management unit that provides one buck deer permit or more per every 640 acres shall begin on September 1 and end on October 31.
(b) A cooperative wildlife management unit that provides less than one buck deer permit per every 640 acres may select the following season date options:
(i) beginning on September 1 and ending on October 31; or
(ii) beginning on September 11 and ending on November 10.
(c) In accordance with Subsection 23A-2-305(3), if the season dates specified in this Subsection (2) start on a Sunday, the season date shall begin on the Saturday before.
(3) Season dates may differ from general statewide season dates.
(4) At least every five years, the relevant regional advisory council and Wildlife Board shall review a cooperative wildlife management unit containing public land.
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 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 204 - Permits -- Acreage and lands that may be included -- Posting of boundaries.

Effective 7/1/2023
Superseded 8/1/2024
23A-7-204.
Permits -- Acreage and lands that may be included -- Posting of boundaries.
(1) The division shall provide cooperative wildlife management unit authorizations for hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
(2) At least 50% of the cooperative wildlife management unit authorizations for hunting small game or waterfowl provided to a cooperative wildlife management unit shall be offered for sale to the general public at the times and places designated on the application for a certificate of registration.
(3)
(a) A cooperative wildlife management unit organized for hunting small game or waterfowl shall consist of private land.
(b) At least 75% of the acreage within the boundaries of a cooperative wildlife management unit organized for the hunting of small game or waterfowl shall be open to hunting by holders of valid authorizations.
(4)
(a) The division may issue cooperative wildlife management unit permits for hunting cougar, turkey, or big game to permittees:
(i) qualifying through a public drawing; or
(ii) named by the cooperative wildlife management unit operator.
(b) The Wildlife Board may specify by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, those persons who are eligible to draw a cooperative wildlife management unit permit in a public drawing.
(5)
(a) A cooperative wildlife management unit organized for hunting cougar, turkey, or big game shall consist of private land to the extent practicable. Public land may be included within a cooperative wildlife management unit if:
(i) the public land is completely surrounded by private land or is otherwise inaccessible to the general public;
(ii) including public land is necessary to establish a readily identifiable boundary; or
(iii) including public land is necessary to achieve cougar, turkey, or big game management objectives.
(b) If public land is included within a cooperative wildlife management unit:
(i) the landowner association shall meet applicable federal or state land use requirements on the public land; and
(ii) the Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportion of public lands to private lands within the cooperative wildlife management unit.
(6) A landowner association shall:
(a) clearly post the boundaries of the cooperative wildlife management unit by displaying signs containing information prescribed by rule of the Wildlife Board at the locations specified in Subsection 23A-5-317(1)(c); and
(b) provide a written copy of the landowner association's guidelines to each holder of an authorization or permit.
Renumbered and Amended by Chapter 103, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 205 - Landowner association to provide comparable hunting opportunities.

Effective 7/1/2023
23A-7-205.
Landowner association to provide comparable hunting opportunities.
A landowner association shall provide a holder of an authorization or permit a comparable hunting opportunity in terms of hunting area and number of days.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 206 - Compensation for damage -- Claims.

Effective 7/1/2023
23A-7-206.
Compensation for damage -- Claims.
(1) A landowner participating in a cooperative wildlife management unit who incurs damages caused by a hunter on the landowner's land may submit a claim and receive compensation for the claim from money received for cooperative wildlife management unit authorization or permit fees collected by the landowner association.
(2) The claims under Subsection (1) shall:
(a) be paid first and have priority over all other obligations of the landowner association;
(b) be reviewed, investigated, and paid by the landowner association; and
(c) not exceed annual revenues of a cooperative wildlife management unit.
(3) A landowner participating in a cooperative wildlife management unit who incurs damages caused by a hunter on the landowner's land may not hold the state liable for compensation.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 207 - Agents -- Appointment -- Identification -- Refusal of entry by agent.

Effective 7/1/2023
23A-7-207.
Agents -- Appointment -- Identification -- Refusal of entry by agent.
(1) A landowner association may appoint one or more cooperative wildlife management unit agents to protect private property of the cooperative wildlife management unit.
(2) A cooperative wildlife management unit agent shall wear or have in the cooperative wildlife management unit agent's possession a form of identification prescribed by the Wildlife Board that indicates that the individual is a cooperative wildlife management unit agent.
(3) A cooperative wildlife management unit agent may refuse entry into private lands within a cooperative wildlife management unit to any person, except an owner of land within the cooperative wildlife management unit and the landowner's employees, who:
(a) does not have in the person's possession a cooperative wildlife management unit authorization or permit;
(b) endangers or has endangered human safety;
(c) damages or has damaged private property within a cooperative wildlife management unit; or
(d) fails or has failed to comply with reasonable rules of a landowner association.
(4) In performing the functions described in this section, a cooperative wildlife management unit agent shall comply with the relevant laws of this state.
(5) For purposes of this chapter, a cooperative wildlife management unit agent may not:
(a) be appointed by the division or the state;
(b) be an employee or agent of the division;
(c) receive compensation from the division or the state to act as a cooperative wildlife management unit agent; or
(d) act as a peace officer or perform the duties of a peace officer without qualifying as a peace officer under 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 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 208 - Possession of permits and licenses by hunter -- Restrictions.

Effective 7/1/2023
Superseded 8/1/2024
23A-7-208.
Possession of permits and licenses by hunter -- Restrictions.
(1) A person may not hunt in a cooperative wildlife management unit without having in the person's possession:
(a) a valid cooperative wildlife management unit authorization or permit or other permit as authorized by the Wildlife Board; and
(b) the necessary hunting licenses and tags.
(2) A cooperative wildlife management unit authorization or permit:
(a) entitles the holder to hunt only in the cooperative wildlife management unit specified on the authorization or permit pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to hunt on any other private or public land; and
(b) constitutes written permission for trespass as required under Section 23A-5-317.
Renumbered and Amended by Chapter 103, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 208 - Possession of permits and licenses by hunter -- Restrictions.

Effective 8/1/2024
23A-7-208.
Possession of permits and licenses by hunter -- Restrictions.
(1) A person may not hunt in a cooperative wildlife management unit without having in the person's possession:
(a) a valid cooperative wildlife management unit authorization or permit or other permit as authorized by the Wildlife Board; and
(b) the necessary hunting licenses and tags.
(2) A cooperative wildlife management unit authorization or permit:
(a) entitles the holder to hunt only in the cooperative wildlife management unit specified on the authorization or permit pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to hunt on any other private or public land; and
(b) constitutes written permission for trespass as required under Section 23A-5-317.
(3) A cooperative wildlife management unit may address the number of individuals a cooperative wildlife management unit permit holder may select as companions, except that a cooperative wildlife management unit shall allow, at a minimum, one companion to accompany free of charge the cooperative wildlife management unit permit holder.
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 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 209 - Failure to comply with rules and requirements.

Effective 7/1/2023
23A-7-209.
Failure to comply with rules and requirements.
A person shall leave private property within a cooperative wildlife management unit immediately, upon request of a landowner, landowner association operator, or cooperative wildlife management unit agent, if that person:
(1) does not have in that person's possession a cooperative wildlife management unit authorization or permit;
(2) endangers or has endangered human safety;
(3) damages or has damaged private property within a cooperative wildlife management unit; or
(4) fails or has failed to comply with reasonable rules of a landowner association.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 210 - Damage or destruction of property.

Effective 7/1/2023
23A-7-210.
Damage or destruction of property.
A person on the land of another person may not intentionally damage, disarrange, or destroy that person's property.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 211 - Violation of chapter -- Class B misdemeanor.

Effective 7/1/2023
23A-7-211.
Violation of chapter -- Class B misdemeanor.
Any person who violates this chapter is guilty of a class B misdemeanor, unless another penalty is provided elsewhere in the laws of this state.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 7 - Cooperative Wildlife Management Units › Part 2 - Requirements › Section 212 - Landowner protection under Landowner Liability Act.

Effective 7/1/2023
23A-7-212.
Landowner protection under Landowner Liability Act.
A landowner who participates in a cooperative wildlife management unit has the full protection afforded under Title 57, Chapter 14, Limitations on Landowner Liability.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
23A-8-101.
Definitions.
As used in this chapter:
(1) "72 hours" means a time period that begins with the hour a request for action is made pursuant to Section 23A-8-402 and ends 72 hours later with the exclusion of any hour that occurs on the day of a legal holiday that is on a Monday or Friday and listed in Section 63G-1-301.
(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) "Depredation" means an act causing damage or death.
(4) "Depredation mitigation plan" means the plan described in Subsection 23A-8-402(2).
(5) "Growing season" means the portion of a year in which local conditions permit normal plant growth.
(6) "Livestock" means cattle, sheep, horses, goats, or turkeys.
(7) "Management unit" means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal.
(8) "Mitigation review panel" means the panel created under Section 23A-8-404.
(9)
(a) For purposes of Part 2, Damage in General, "predator" means a mountain lion or bear.
(b) For purposes of Part 4, Damage by Big Game, "predator" means a cougar, bear, or coyote.
(10) For purposes of Section 23A-8-302, "turkey" means a wild, free-ranging turkey and does not include a privately owned or domestic turkey.
(11) "Wildlife Services Program" means a program of the United States Department of Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and natural resources, and to safeguard human health and safety.
(12) "Wildlife specialist" means a United States Department of Agriculture, Wildlife Services specialist.
(13)
(a) "Wolf" means the gray wolf Canis lupus.
(b) "Wolf" does not mean a wolf hybrid with a domestic dog.
Enacted by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 2 - Damage in General › Section 201 - Procedure to obtain compensation for livestock damage done by bear, mountain lion, wolf, or eagle.

Effective 7/1/2023
23A-8-201.
Procedure to obtain compensation for livestock damage done by bear, mountain lion, wolf, or eagle.
(1)
(a)
(i) Except as provided by Subsection (1)(a)(ii), if livestock are damaged by a bear, mountain lion, wolf, or an eagle, the owner may receive compensation for the fair market value of the damage to the livestock.
(ii) The owner of livestock may not receive compensation if the livestock is damaged by a wolf within an area where a wolf is endangered or threatened under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531, et seq.
(b) To obtain compensation under this section, the owner of the damaged livestock shall notify the division of the damage as soon as possible, but no later than four days after the damage to the livestock is discovered.
(c) The owner shall notify the division each time damage to livestock is discovered.
(2) The livestock owner shall file a proof of loss form, provided by the division, no later than 30 days after the original notification of damage to livestock was given to the division by the owner.
(3)
(a)
(i) The division, with the assistance of the Department of Agriculture and Food shall:
(A) within 30 days after the owner files the proof of loss form, either accept or deny the claim for damages; and
(B) subject to Subsections (3)(a)(ii) through (3)(a)(iv), pay the accepted claims to the extent money appropriated by the Legislature is available for this purpose.
(ii) Money appropriated from the Wildlife Resources Account may be used to provide compensation for only up to 50% of the fair market value of damaged livestock.
(iii) Money appropriated from the Wildlife Resources Account may not be used to provide compensation for livestock damaged by an eagle or a wolf.
(iv) The division may not pay an eagle damage claim until the division has paid all accepted mountain lion and bear livestock damage claims for the fiscal year.
(b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a livestock owner unless the owner has filed a completed livestock form and the appropriate fee as outlined in Section 4-23-107 for the immediately preceding and current year.
(c)
(i) Unless the division denies a claim for the reason identified in Subsection (3)(b), the owner may appeal the decision to a panel consisting of one person selected by the owner, one person selected by the division, and a third person selected by the first two panel members.
(ii) The panel shall decide whether the division should pay all of the claim, a portion of the claim, or none of the claim.
(4) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules to administer and enforce this section.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 2 - Damage in General › Section 203 - Beaver damage -- Authorization to kill or trap.

Effective 7/1/2023
23A-8-203.
Beaver damage -- Authorization to kill or trap.
(1) When it is apparent that beaver are doing damage to, or are a menace to, private property, a landowner or tenant may request authorization to kill or trap the beaver.
(2) The Wildlife Board may grant authorization described in Subsection (1) under conditions prescribed by the Wildlife Board.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 3 - Damage by Birds › Section 301 - Crop damage by pheasants -- Notice to division -- Damages for destroyed crops -- Limitations -- Appraisal.

Effective 7/1/2023
23A-8-301.
Crop damage by pheasants -- Notice to division -- Damages for destroyed crops -- Limitations -- Appraisal.
(1) When pheasants damage cultivated crops on cleared and planted land, the owner of the cultivated crops shall immediately upon discovery of the damage notify the division both orally and in writing.
(2) Upon being notified of the damage to cultivated crops, the division shall, as far as possible, control the damage.
(3) When pheasants damage or destroy cultivated crops on cleared and planted land, the division may pay to the crop owner for the actual damage not to exceed $200 yearly, if the owner notifies the division of the damage within 48 hours after the damage is discovered.
(4) Subject to Subsection (5), the crop owner and the division shall make an appraisal of the damage as soon after notification as possible. If the crop owner and the division are unable to agree on the fair and equitable damage, they shall call upon a third party, consisting of one or more persons acquainted with the crops concerned and pheasants, to appraise the damage.
(5) If a provision of this section conflicts with the requirements of the federal Pittman-Robertson Act or the regulations issued under that act, the provisions relating to damage claims are void.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 3 - Damage by Birds › Section 302 - Damage by turkeys.

Effective 7/1/2023
23A-8-302.
Damage by turkeys.
(1)
(a) If a turkey materially damages private property, the landowner or lessee of the property may:
(i) notify the division of the damage; and
(ii) request that the division take action to mitigate the damage.
(b) The landowner or lessee of the damaged property shall allow division staff reasonable access to the damaged property to verify and mitigate the damage.
(2)
(a) Within 72 hours after receiving a request for action under Subsection (1)(a)(ii), the division shall investigate the damaged property and, if it appears that material damage by a turkey may continue, the division shall begin to:
(i) remove or drive off the turkeys causing the damage; or
(ii) implement a damage mitigation and prevention plan with the written approval of the landowner or lessee of the property.
(b) As part of a damage mitigation and prevention plan described in Subsection (2)(a)(ii), the division may:
(i) schedule a depredation hunt;
(ii) issue a permit to the landowner or lessee to, during a general or special season hunt authorized by the Wildlife Board, take a turkey on the property;
(iii) allow the landowner or lessee to designate recipients who may obtain a mitigation permit to, during a general or special season hunt authorized by the Wildlife Board, take a turkey on the property;
(iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a turkey that causes damage to the property;
(v) capture and relocate, or allow the landowner or lessee to capture and relocate, a turkey that causes damage to the property; or
(vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable for the location of the property due to local law or public safety concerns.
(c) If the division takes an action described in Subsection (2)(b)(ii) or (iii), the division shall specify the number and sex of turkeys the landowner or lessee is authorized to take in accordance with Subsection (2)(b)(ii) or (iii).
(d) If a landowner or lessee takes a turkey under Subsection (2)(b)(ii), the division and the landowner or lessee shall jointly determine the number of turkeys the landowner or lessee may retain.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules necessary to administer this section.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 4 - Damage by Big Game › Section 401 - Removal of big game animals doing damage.

Effective 7/1/2023
23A-8-401.
Removal of big game animals doing damage.
The director may authorize the removal of big game animals when the big game animals are doing actual damage. The division shall sell or otherwise dispose of a big game animal removed pursuant to this section and money derived from the sale of these big game animals shall be placed in the Wildlife Resources Account.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 4 - Damage by Big Game › Section 403 - Landowner or lessee may kill big game animals.

Effective 7/1/2023
23A-8-403.
Landowner or lessee may kill big game animals.
(1)
(a) A landowner or lessee may kill big game animals damaging cultivated crops on private land if:
(i) it is necessary to protect cultivated crops;
(ii) 72 hours has expired since a request for action is given pursuant to Subsection 23A-8-402(1)(a);
(iii) the landowner or lessee has provided or sent written notice of an intent to kill the big game animal to the nearest regional office of the division;
(iv) the landowner or lessee kills the big game animal within 90 days, or a longer period, if approved, in writing, by the division, after having requested that the division take action to prevent depredation under Subsection 23A-8-402(1)(a); and
(v) the killing is not prohibited by Subsection (2)(a) or (3).
(b) Immediately after killing a big game animal under Subsection (1)(a), the landowner or lessee shall notify the division of the killing.
(c) The carcass of a big game animal killed under Subsection (1)(a) is the property of the division and the division shall dispose of the carcass.
(d) Money derived from the sale of big game animals killed shall be placed in the Wildlife Resources Account created in Section 23A-3-201.
(e) A landowner or lessee who kills big game animals pursuant to this section shall:
(i) make reasonable effort to prevent the big game animals from wasting; and
(ii) provide the division reasonable access to the landowner's or lessee's land to retrieve and dispose of the big game animals.
(2)
(a) The director may prohibit the killing of big game animals under Subsection (1)(a) if, within 72 hours after a landowner or lessee has requested that the division take action to remove depredating big game animals, the division:
(i) determines that the restitution value of the big game animal or animals, as established under Section 23A-5-312, is more than twice the estimated value of the cultivated crops that have been or will be damaged or consumed within a single growing season;
(ii) determines that the prohibition is consistent with the management plan established under Section 23A-11-301;
(iii) notifies the landowner or lessee of the prohibition; and
(iv) offers the landowner or lessee a depredation mitigation plan.
(b) A landowner or lessee who is offered a depredation mitigation plan may:
(i) accept the plan in writing; or
(ii) refuse to accept the plan and appeal the plan, in writing, to the director.
(3) After a landowner or lessee has killed a big game animal under Subsection (1)(a), the director may prohibit further killing of big game animals if:
(a) the division takes the actions described in Subsections (2)(a)(i) through (iv); or
(b) the mitigation review panel reviews and approves the depredation mitigation plan.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 8 - Wildlife Damage › Part 4 - Damage by Big Game › Section 404 - Mitigation review panel.

Effective 7/1/2023
23A-8-404.
Mitigation review panel.
(1) A mitigation review panel may be convened to review:
(a) a depredation mitigation plan; or
(b) division action under Section 23A-8-405.
(2) Membership of the mitigation review panel shall consist of:
(a) the director or the director's designee;
(b)
(i) the commissioner of the Department of Agriculture and Food or the commissioner's designee; or
(ii) a representative of agricultural interests appointed by the commissioner of the Department of Agriculture and Food; and
(c) a representative of Utah State University Extension Service appointed by the Vice President and Dean for University Extension.
(3)
(a) The director shall convene a mitigation review panel if:
(i) a landowner or lessee appeals a depredation mitigation plan under Subsection 23A-8-403(2)(b)(ii);
(ii) the director requests review of a depredation mitigation plan; or
(iii) the division receives a petition of an aggrieved party to a final division action under Section 23A-8-405.
(b) Within five business days of an appeal under Subsection 23A-8-403(2)(b)(ii) or a division request for review, the mitigation review panel shall review the depredation mitigation plan and approve or modify the plan.
(c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii) in accordance with rules made by the Wildlife Board under Subsection 23A-8-405(6).
(4) Judicial review of a mitigation review panel action under this section is governed by Title 63G, Chapter 4, Administrative Procedures Act.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 9 - Aquatic Wildlife › Part 2 - Operations › Section 201 - Screens or other devices required -- Failure to install after notice a misdemeanor.

Effective 7/1/2023
23A-9-201.
Screens or other devices required -- Failure to install after notice a misdemeanor.
(1) A person may not take water from the state streams, lakes, or reservoirs for power purposes, or for waterworks, without first furnishing and maintaining suitable screens or other devices to prevent fish from entering the power plants, millraces, or waterworks system.
(2) A screen or other device is to be built and maintained under the direction of the Wildlife Board and at the expense of the owner or operator.
(3) A person who fails to install a screen or device within 30 days after the Wildlife Board gives notice in writing to install the screen or device is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 9 - Aquatic Wildlife › Part 2 - Operations › Section 202 - Notice of intention to drain or divert waterway.

Effective 7/1/2023
23A-9-202.
Notice of intention to drain or divert waterway.
(1) A person owning or controlling an irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into a state waterway containing protected aquatic wildlife shall provide the notice described in Subsection (2) if the person:
(a) desires to drain the waterway; or
(b) intends to divert sufficient water from a state waterway endangering the protected aquatic wildlife in the state waterway.
(2) If the conditions described in Subsection (1) are met, the person shall give five days' written notice to the division before the diversion except that under emergency conditions the person shall give reasonable notice.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 9 - Aquatic Wildlife › Part 2 - Operations › Section 204 - Operation of aquaculture and fee fishing facilities.

Effective 7/1/2023
23A-9-204.
Operation of aquaculture and fee fishing facilities.
A person may engage in the following activities as provided by Title 4, Chapter 37, Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and Food and Wildlife Board:
(1) acquisition, importation, or possession of aquatic animals intended for use in an aquaculture or fee fishing facility;
(2) transportation of aquatic animals to or from an aquaculture facility or to a fee fishing facility;
(3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility; and
(4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing facility.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 9 - Aquatic Wildlife › Part 3 - Prohibitions › Section 301 - Diversion of water prohibited -- Exception for flood control.

Effective 7/1/2023
23A-9-301.
Diversion of water prohibited -- Exception for flood control.
(1) Except as provided in Subsection (2), a person may not, without existing rights, divert so much water from a natural stream, lake, pond, or natural lake or pond, the natural storage content of which has been increased by the construction of a dam, that the diversion unduly endangers protected aquatic wildlife.
(2) A person may divert waters in a manner that would otherwise violate Subsection (1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm and flood waters.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 9 - Aquatic Wildlife › Part 3 - Prohibitions › Section 302 - Pollution of waters unlawful.

Effective 7/1/2023
23A-9-302.
Pollution of waters unlawful.
(1) A person may not pollute waters:
(a) the Wildlife Board considers necessary for wildlife purposes; or
(b) containing protected aquatic wildlife and stoneflies (Plecoptera), mayflies (Ephemoptera), dragonflies and damsel flies (Odonata), water bugs (Hemiptera), caddis flies (Trichoptera), spongilla flies (Neuroptera), and crustaceans.
(2) Each day of pollution constitutes a separate offense.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 9 - Aquatic Wildlife › Part 3 - Prohibitions › Section 303 - Taking protected aquatic wildlife or eggs unlawful except as authorized.

Effective 7/1/2023
23A-9-303.
Taking protected aquatic wildlife or eggs unlawful except as authorized.
A person may not take protected aquatic wildlife or eggs of aquatic wildlife in the waters of this state, except as provided by this title or the rules of the Wildlife Board made 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 9 - Aquatic Wildlife › Part 3 - Prohibitions › Section 304 - Seining or selling aquatic wildlife unlawful except as authorized.

Effective 7/1/2023
23A-9-304.
Seining or selling aquatic wildlife unlawful except as authorized.
Except as prescribed by this title or rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may not seine:
(1) for any kind of protected aquatic wildlife in the waters of this state; or
(2) to sell protected aquatic wildlife.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 9 - Aquatic Wildlife › Part 3 - Prohibitions › Section 305 - Possession or transportation of live aquatic wildlife unlawful except as authorized -- Exceptions.

Effective 7/1/2023
23A-9-305.
Possession or transportation of live aquatic wildlife unlawful except as authorized -- Exceptions.
(1) A person may not possess or transport live protected aquatic wildlife except as provided by this title or the rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) This section does not apply to tropical and goldfish species intended for exhibition or commercial purposes.
(3) An operator of a properly registered private fish pond may transport live aquatic wildlife specified by the Wildlife Board in the operator's certificate of registration.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
23A-10-101.
Definitions.
As used in this chapter:
(1)
(a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain a Dreissena mussel.
(b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a container, a trailer, a live well, or a bilge area.
(2) "Decontaminate" means to:
(a) drain and dry non-treated water; and
(b) chemically or thermally treat in accordance with rule.
(3) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage, including a zebra mussel, a quagga mussel, and Conrad's false mussel.
(4) "Equipment" means an article, tool, implement, or device capable of carrying or containing:
(a) water; or
(b) a Dreissena mussel.
(5) "Facility" means a structure that is located within or adjacent to a water body.
(6) "Infested water" means a geographic region, water body, facility, or water supply system within or outside the state that the Wildlife Board identifies in rule as carrying or containing a Dreissena mussel.
(7) "Vessel" means the same as that term is defined in Section 73-18-2.
(8) "Water body" means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain.
(9)
(a) "Water supply system" means a system that treats, conveys, or distributes water for irrigation, industrial, waste water treatment, or culinary use.
(b) "Water supply system" includes a pump, canal, ditch, or pipeline.
(c) "Water supply system" does not include a water body.
Renumbered and Amended by Chapter 103, 2023 General Session