reglab/statecodes huggingface dataset:
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 210 - Mitigation plan related to big game reintroduction.

Effective 5/3/2023
23A-2-210.
Mitigation plan related to big game reintroduction.
(1) Before reintroducing a big game animal, turkey, wolf, or sensitive species to a new area in accordance with Section 23A-2-209, the Wildlife Board shall approve a mitigation plan for the area into which the animal is being transplanted.
(2)
(a) A mitigation plan described in this section shall:
(i) identify the objectives of the reintroduction of an animal;
(ii) provide conditions for issuing a permit to the landowner or lessee to take a big game animal, that is causing depredation, during a general or special season hunt authorized by the Wildlife Board; and
(iii) describe conditions for removal of a transplanted animal if:
(A) transplant objectives identified in the mitigation plan are not met; or
(B) property damage occurs.
(b) A mitigation plan described in this section may provide for:
(i) the scheduling of a depredation hunt;
(ii) allowing a landowner or lessee to designate a recipient who may obtain a mitigation permit to take a big game animal on the landowner's or lessee's land during a general or special season hunt authorized by the Wildlife Board; and
(iii) a description of how the division will assess and compensate the landowner or lessee under Section 23A-8-405 for damage to cultivated crops, fences, or irrigation equipment.
(3) The division shall specify the number and sex of the big game animals that may be taken under Subsection (2)(a) or (2)(b)(ii).
(4) The division shall determine the number of animals taken under Subsection (2)(a) of which the landowner or lessee may retain possession.
(5) In determining appropriate remedial action under a mitigation plan described in this section, the division shall consider the:
(a) extent of damage experienced;
(b) use of landowner permits;
(c) use of mitigation permits; and
(d) objectives for the wildlife population.
Enacted by Chapter 198, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 3 - Wildlife Board and Regional Councils › Section 302 - Wildlife Board Nominating Committee created.

Affected by 63I-1-223 on 7/1/2028
Effective 7/1/2023
23A-2-302.
Wildlife Board Nominating Committee created.
(1) There is created a Wildlife Board Nominating Committee that consists of 11 members.
(2) The governor shall appoint members to the nominating committee as follows:
(a) three members shall be appointed from a list of at least two nominees per position submitted by the agriculture industry;
(b) three members shall be appointed from a list of at least two nominees per position submitted by sportsmen groups;
(c) two members shall be appointed from a list of at least two nominees per position submitted by nonconsumptive wildlife interests;
(d) one member shall be appointed from a list of at least two nominees submitted by federal land management agencies;
(e) one local elected official shall be appointed from a list of at least two nominees submitted by the Utah Association of Counties; and
(f) one range management specialist shall be appointed from a list of at least two nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah Chapter, The Wildlife Society.
(3) A wildlife region described in Subsection 23A-2-303(1) shall be represented by at least one member. A wildlife region may not be represented by more than three members.
(4) The nominating committee shall nominate at least two, but not more than four, candidates for each position or vacancy that occurs on the Wildlife Board.
(5)
(a) Except as required by Subsection (5)(b), as terms of current nominating committee members expire, the governor shall appoint a new or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that:
(i) the terms of nominating committee members are staggered so that approximately half of the nominating committee is appointed every two years; and
(ii) members from the same wildlife region serve staggered terms.
(c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the same manner that the position was originally filled to serve the remainder of the unexpired term.
(6) The nominating committee shall select a chair and vice chair from the nominating committee's membership.
(7) Six members shall constitute a quorum.
(8) A member of the nominating committee may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 211, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 3 - Wildlife Board and Regional Councils › Section 303 - Regional advisory councils created.

Affected by 63I-1-223 on 7/1/2028
Effective 7/1/2023
23A-2-303.
Regional advisory councils created.
(1) There are created five regional advisory councils that consist of 12 to 15 members each from the wildlife region whose boundaries are established for administrative purposes by the division.
(2) The members shall include individuals who represent the following groups and interests:
(a) agriculture;
(b) sportsmen;
(c) nonconsumptive wildlife;
(d) locally elected public officials;
(e) federal land agencies; and
(f) the public at large.
(3) The executive director, in consultation with the director, shall select the members from a list of nominees submitted by the respective interest group or agency.
(4) The regional advisory councils shall:
(a) hear broad input, including recommendations, biological data, and information regarding the effects of wildlife;
(b) gather information from staff, the public, and government agencies; and
(c) make recommendations to the Wildlife Board in an advisory capacity.
(5)
(a) Except as required by Subsection (5)(b), a member shall serve a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(7) The councils shall determine:
(a) the time and place of meetings; and
(b) a procedural matter not specified in this chapter.
(8) Members of the councils shall complete an orientation course described in Subsection 23A-2-301(8).
(9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 211, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 3 - Wildlife Board and Regional Councils › Section 304 - Rules, proclamations, and orders of the Wildlife Board -- Judicial notice of proclamations.

Effective 7/1/2023
23A-2-304.
Rules, proclamations, and orders of the Wildlife Board -- Judicial notice of proclamations.
(1) The Wildlife Board shall exercise the Wildlife Board's powers by making rules and issuing proclamations and orders pursuant to this title.
(2) A court shall take judicial notice of a proclamation published under the authority of this title.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 4 - Cooperative and Reciprocal Agreements › Section 401 - Cooperative agreements and programs authorized.

Effective 7/1/2023
23A-2-401.
Cooperative agreements and programs authorized.
(1) The division may enter into cooperative agreements and programs with other state agencies, federal agencies, states, educational institutions, municipalities, counties, corporations, organized clubs, landowners, associations, and individuals for purposes of wildlife conservation.
(2) Cooperative agreements that are policy in nature shall be:
(a) approved by the executive director; and
(b) reviewed by the Wildlife Board.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 4 - Cooperative and Reciprocal Agreements › Section 402 - Acceptance of Acts of Congress.

Effective 7/1/2023
23A-2-402.
Acceptance of Acts of Congress.
(1) The state assents to the Wildlife Restoration Act, 16 U.S.C. Sec. 669 et seq., and the Sport Fish Restoration Act, 16 U.S.C. 777 et seq.
(2) The division shall conduct and establish cooperative fish and wildlife restoration projects as provided by the acts specified in Subsection (1) and rules made under those acts.
(3) The following revenues received by the state may not be used for any purpose other than the administration of the division:
(a) revenue from the sale of a license, permit, tag, or certificate of registration that conveys to a person the privilege to take wildlife for sport or recreation, less reasonable vendor fees;
(b) revenue from the sale, lease, rental, or other granting of rights of real or personal property acquired with revenue specified in Subsection (3)(a);
(c) interest, dividends, or other income earned on revenue specified in Subsection (3)(a) or (b); and
(d) federal aid project reimbursements to the extent that revenue specified in Subsection (3)(a) or (b) originally funded the project for which the reimbursement is being made.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 4 - Cooperative and Reciprocal Agreements › Section 403 - Reciprocal agreements with other states.

Effective 7/1/2023
23A-2-403.
Reciprocal agreements with other states.
(1) The Wildlife Board may enter into reciprocal agreements with other states to:
(a) license and regulate fishing, hunting, and related activities; and
(b) promote and implement wildlife management programs.
(2) Reciprocal agreements shall be approved by the executive director.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 503 - Procedures for issuing state.

Effective 7/1/2023
23A-2-503.
Procedures for issuing state.
(1) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to a person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and shall not require the person to post collateral to secure appearance, subject to the exceptions under Subsection (2), if the officer receives the recognizance of the person that he will comply with the terms of the citation.
(2) Personal recognizance is acceptable:
(a) if not prohibited by local law or the compact manual; and
(b) if the violator provides adequate proof of identification to the wildlife officer.
(3)
(a) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued.
(b) The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.
(4) Upon receipt of the report of a conviction or noncompliance pursuant to Subsection (3)(b), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and with the content as prescribed in the compact manual.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 504 - Procedure for home state.

Effective 7/1/2023
23A-2-504.
Procedure for home state.
(1)
(a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the term of a citation, the licensing authority of the home state shall:
(i) notify the violator;
(ii) initiate a suspension action in accordance with the home state's suspension procedures; and
(iii) suspend the violator's license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority.
(b) Due process safeguards will be accorded.
(2) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction as though it occurred in the home state for the purposes of the suspension of license privileges.
(3) The licensing authority of the home state shall:
(a) maintain a record of actions taken; and
(b) make reports to issuing states as provided in the compact manual.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 505 - Reciprocal recognition of suspension.

Effective 7/1/2023
23A-2-505.
Reciprocal recognition of suspension.
(1) All participating states shall recognize the suspension of license privileges of a person by the participating state as though the violation resulting in the suspension:
(a) had occurred in their state; and
(b) could have been the basis of the suspension of license privileges in their state.
(2) Each participating state shall communicate suspension information to other participating states in the form and with the content as contained in the compact manual.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 506 - Applicability of other laws.

Effective 7/1/2023
23A-2-506.
Applicability of other laws.
Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to a person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 507 - Compact administrator procedures.

Effective 7/1/2023
23A-2-507.
Compact administrator procedures.
(1)
(a) A Board of Compact Administrators is established to:
(i) administer the provisions of this compact; and
(ii) serve as a governing body for the resolution of all matters relating to the operation of this compact.
(b) The board shall be composed of one representative from each of the participating states to be known as the compact administrator.
(c) The compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state he represents.
(d) A compact administrator may provide for the discharge of his duties and the performance of his function as a board member by an alternate.
(e) An alternate shall not be entitled to serve unless written notification of his identity has been given to the board.
(2)
(a) Each member of the board of compact administrators shall be entitled to one vote.
(b) An action of the board shall not be binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor thereof.
(c) Action by the board shall be only at a meeting at which a majority of the participating states are represented.
(3) The board shall elect annually from its membership a chairman and vice-chairman.
(4) The board shall adopt bylaws not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.
(5) The board may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the donations and grants.
(6) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.
(7) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted to board action shall be contained in a compact manual.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 508 - Entry into compact and withdrawal.

Effective 7/1/2023
23A-2-508.
Entry into compact and withdrawal.
(1) This compact shall become effective at the time it is adopted in substantially similar form by two or more states.
(2)
(a) Entry into the compact shall be made by resolution of ratification by the authorized officials of the applying state and submitted to the chairman of the board.
(b) The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:
(i) a citation of the authority from which the state is empowered to become a party to this compact;
(ii) an agreement of compliance with the terms and provisions of this compact; and
(iii) an agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.
(c) The effective date of entry shall be specified by the applying state but shall not be less than 60 days after notice has been given:
(i) by the chairman of the board of the compact administrators; or
(ii) by the secretary of the board to each participating state that the resolution from the applying state has been received.
(3) A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal shall not become effective until 90 days after the notice of withdrawal is given. No withdrawal of any state shall affect the validity of this compact as to the remaining participating states.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 509 - Amendments to the compact.

Effective 7/1/2023
23A-2-509.
Amendments to the compact.
(1) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the Board of Compact Administrators and shall be initiated by one or more participating states.
(2) Adoption of an amendment shall require endorsement by all participating states and shall become effective 30 days after the date of the last endorsement.
(3) Failure of a participating state to respond to the compact chairman within 120 days after receipt of a proposed amendment shall constitute endorsement thereof.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 510 - Construction and severability.

Effective 7/1/2023
23A-2-510.
Construction and severability.
(1) This compact shall be liberally construed so as to effectuate the purposes stated herein.
(2) The provisions of this compact shall be severable and if a phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of a participating state or of the United States, or the applicability thereof to a government, agency, individual, or circumstance is held invalid, the validity of the remainder of this compact shall not be affected thereby.
(3) If this compact is held contrary to the constitution of a participating state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the participating state affected regarding all severable matters.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 5 - Wildlife Violator Compact › Section 511 - Licensing authority -- Administrator -- Expenses.

Effective 7/1/2023
23A-2-511.
Licensing authority -- Administrator -- Expenses.
(1) The Division of Wildlife Resources is designated as the licensing authority in this state for the purpose of the compact.
(2) The director of the Division of Wildlife Resources shall furnish to the appropriate authorities of the participating states any information or documents reasonably necessary to facilitate the administration of the compact.
(3) The compact administrator provided for in Section 23A-2-507, "Wildlife Violator Compact," shall not be entitled to any additional compensation for his service as the administrator but shall be entitled to expenses incurred in connection with his duties and responsibilities as administrator in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 201 - Wildlife Resources Account -- Unexpected fund balances converted to General Fund account.

Effective 7/1/2023
23A-3-201.
Wildlife Resources Account -- Unexpected fund balances converted to General Fund account.
(1) There is created a restricted account within the General Fund known as the "Wildlife Resources Account."
(2) The following money shall be deposited into the Wildlife Resources Account:
(a) revenue from the sale of licenses, permits, tags, and certificates of registration issued under this title or a rule or proclamation of the Wildlife Board, except as otherwise provided by this title;
(b) revenue from the sale, lease, rental, or other granting of rights of real or personal property acquired with revenue specified in Subsection (2)(a);
(c) revenue from fines and forfeitures for violations of this title or a rule, proclamation, or order of the Wildlife Board, minus court costs not to exceed the schedule adopted by the Judicial Council;
(d) money appropriated from the General Fund by the Legislature pursuant to Section 23A-4-306;
(e) other money received by the division under this title, except as otherwise provided by this title; and
(f) interest, dividends, or other income earned on account money.
(3) Money in the Wildlife Resources Account shall be used for the administration of this title.
(4) The state auditor and director of the Division of Finance shall, at the close of the fiscal year, convert into the Wildlife Resources Account the unexpended balances of the Wildlife Resources Account not legally obligated by contract or appropriated by the Wildlife Board for capital outlay projects or other programs that may extend beyond the close of the fiscal year.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 202 - Grants or gifts accepted by division -- Special account.

Effective 7/1/2023
23A-3-202.
Grants or gifts accepted by division -- Special account.
The division may accept grants or gifts of money, property, water rights or other endowments that benefit the wildlife resources of the state. The division shall place money as received in a special account to be used for specific use as indicated by the grantor.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 203 - Support for State-Owned Shooting Ranges Restricted Account.

Effective 7/1/2023
23A-3-203.
Support for State-Owned Shooting Ranges Restricted Account.
(1) There is created in the General Fund a restricted account known as the "Support for State-Owned Shooting Ranges Restricted Account."
(2) The account shall be funded by:
(a) contributions deposited into the Support for State-Owned Shooting Ranges Restricted Account in accordance with Section 41-1a-422;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the division shall distribute money in the Support for State-Owned Shooting Ranges Restricted Account to facilitate construction of new firearm shooting ranges, and operation and maintenance of existing ranges, that are:
(a) built on land owned or leased by the state;
(b) owned by the division; and
(c) operated by the division or the division's contractors.
(4) The division shall only expend the Support for State-Owned Shooting Ranges Restricted Account to:
(a) construct, operate, and maintain firearm shooting ranges described in Subsection (3); and
(b) pay the costs of issuing or reordering Support the 2nd Amendment and State-Owned Shooting Ranges support special group license plate decals.
(5) In accordance with Section 63J-1-602.1, appropriations from the account are nonlapsing.
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 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 204 - Wildlife Resources Conservation Easement Restricted Account.

Effective 7/1/2023
23A-3-204.
Wildlife Resources Conservation Easement Restricted Account.
(1) There is created within the General Fund a restricted account known as the "Wildlife Resources Conservation Easement Account."
(2) The Wildlife Resources Conservation Easement Account consists of:
(a) grants from private foundations;
(b) grants from local governments, the state, or the federal government;
(c) grants from the Land Conservation Board created under Section 4-46-201;
(d) donations from landowners for monitoring and managing conservation easements;
(e) donations from any other person; and
(f) interest on account money.
(3) Upon appropriation by the Legislature, the division shall use money from the Wildlife Resources Conservation Easement Account to monitor and manage conservation easements held by the division.
(4) The division may not receive or expend donations from the Wildlife Resources Conservation Easement Account to acquire conservation easements.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 205 - Wildlife Conservation Fund.

Effective 7/1/2023
23A-3-205.
Wildlife Conservation Fund.
(1) As used in this section:
(a) "Fund" means the Wildlife Conservation Fund created by this section.
(b) "Wildlife conservation permit program" means a program under which the division issues permit opportunities to be sold by a conservation organization for auction to the highest bidder at a fund-raising event.
(c) "Wildlife exposition program" means a program under which the division allocates permits to a drawing administered by a selected conservation organization as part of a regional or national exposition for the purpose of generating revenue to fund wildlife conservation activities in Utah.
(2) There is created an expendable special revenue fund known as the "Wildlife Conservation Fund."
(3) The fund consists of:
(a) wildlife conservation permit program revenue transferred to the division pursuant to rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b) wildlife exposition program revenue transferred to the division pursuant to rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) money appropriated to the fund by the Legislature;
(d) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted by the division and specifically directed to the fund; and
(e) interest and earnings on the fund.
(4)
(a) The fund shall earn interest and other earnings.
(b) The interest and earnings described in Subsection (4)(a) shall be deposited into the fund.
(5)
(a) The division shall use proceeds in the fund to carry out the purposes of the wildlife conservation permit program or wildlife exposition program.
(b) Deposits into and expenditures from the fund shall specifically identify the wildlife conservation permit program or wildlife exposition program to which the deposits and expenditures apply.
(c) The division shall make expenditures from the fund consistent with the rules governing the applicable program.
(6) The division shall annually report to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee regarding:
(a) the amount of money in the fund;
(b) the sources of money in the fund; and
(c) how the money is expended.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 206 - Donations related to donation of wild game meat -- Wild Game Meat Donation Fund.

Effective 7/1/2023
23A-3-206.
Donations related to donation of wild game meat -- Wild Game Meat Donation Fund.
(1) As used in this section:
(a) "Fund" means the expendable special revenue fund created in this section.
(b) "Nonprofit charitable organization" means the same as that term is defined in Section 4-34-102.
(c) "Wild game" means the same as that term is defined in Section 4-32-105.
(2) There is created an expendable special revenue fund known as the "Wild Game Meat Donation Fund."
(3) The fund consists of:
(a) donations made to the division for the purpose of addressing the processing of wild game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable organization to feed individuals in need;
(b) appropriations from the Legislature; and
(c) interest and earnings on the fund.
(4) The state treasurer shall invest the money in the fund according to Title 51, Chapter 7, State Money Management Act, except that the state treasurer shall deposit in the fund interest or other earnings derived from those investments.
(5) The division may use money in the fund only to address the processing of wild game meat that is donated in accordance with Section 4-34-108 to a nonprofit charitable organization to feed individuals in need.
(6) The division shall coordinate with the Department of Agriculture and Food to implement this section.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 208 - Portion of revenue from license, permit, and certificate of registration fees deposited into Wildlife Habitat Account.

Effective 7/1/2023
23A-3-208.
Portion of revenue from license, permit, and certificate of registration fees deposited into Wildlife Habitat Account.
(1) Fifty cents of the fee charged for a one-day fishing license shall be deposited in the Wildlife Habitat Account created in Section 23A-3-207.
(2) Three dollars and fifty cents of the fee charged for any of the following licenses or permits shall be deposited in the Wildlife Habitat Account created in Section 23A-3-207:
(a) a fishing license, except any one-day fishing license;
(b) a hunting license;
(c) a combination license;
(d) a furbearer license; or
(e) a fishing permit.
(3) Four dollars and seventy-five cents of the fee charged for any of the following certificates of registration or permits shall be deposited in the Wildlife Habitat Account created in Section 23A-3-207:
(a) a certificate of registration for the dedicated hunter program, except a certificate of registration issued to a lifetime licensee;
(b) a big game permit;
(c) a bear permit;
(d) a turkey permit; or
(e) a muskrat permit.
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 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 209 - Predator Control Restricted Account.

Effective 7/1/2023
23A-3-209.
Predator Control Restricted Account.
(1) There is created a restricted account within the General Fund known as the "Predator Control Restricted Account."
(2) The Predator Control Restricted Account includes:
(a) deposits made to the Predator Control Restricted Account from fees established on hunting permits in accordance with Section 23A-4-703; and
(b) other amounts deposited in the Predator Control Restricted Account from donations or appropriations.
(3) The division shall use money from the Predator Control Restricted Account to fund a predator control program to control populations of predatory animals that endanger the health of nonpredatory wildlife populations in the state, consistent with the policies of the Wildlife Board.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 210 - State Fish Hatchery Maintenance Account.

Effective 7/1/2023
23A-3-210.
State Fish Hatchery Maintenance Account.
(1) There is created a restricted account within the General Fund known as the "State Fish Hatchery Maintenance Account."
(2) The following money shall be deposited into the State Fish Hatchery Maintenance Account:
(a) $4 of a fishing license fee or combination license fee; and
(b) interest and earnings on account money.
(3) The division, after appropriation by the Legislature, shall use money in the State Fish Hatchery Maintenance Account for major repairs or replacement of facilities and equipment at fish hatcheries owned and operated by the division for the production and distribution of fish to enhance sport fishing opportunities in the state.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 120, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 211 - Aquatic Invasive Species Interdiction Account.

Effective 7/1/2023
23A-3-211.
Aquatic Invasive Species Interdiction Account.
(1) There is created within the General Fund a restricted account known as the "Aquatic Invasive Species Interdiction Account."
(2) The Aquatic Invasive Species Interdiction Account shall consist of:
(a) nonresident aquatic invasive species fees collected under Subsection 23A-10-304(2);
(b) resident aquatic invasive species fees collected under Subsection 23A-10-304(1); and
(c) other amounts deposited in the Aquatic Invasive Species Interdiction Account from donations, appropriations, contractual agreements, and accrued interest.
(3) Upon appropriation, the division shall use the aquatic invasive species fees collected under Subsections 23A-10-304(1) and (2) and deposited in the Aquatic Invasive Species Account to fund aquatic invasive species prevention and containment efforts.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 244, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 2 - Funds and Accounts in General › Section 213 - Wildlife Resources Trust Account.

Effective 7/1/2023
23A-3-213.
Wildlife Resources Trust Account.
(1) There is created within the General Fund a restricted account to be known as the "Wildlife Resources Trust Account." Fees received from the sale of lifetime licenses shall be deposited in that account.
(2) Interest earned by investments of the funds in the Wildlife Resources Trust Account shall, on July 1 of each year, be deposited in the Wildlife Resources Account created in Section 23A-3-201.
(3) Money in the Wildlife Resources Trust Account is subject to the restriction in Section 23A-2-402 that no money paid to the state for hunting and fishing license fees shall be diverted for any other purpose than the enhancement of wildlife by the division.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 3 - Utah Natural Resources Legacy Fund › Section 301 - Definitions.

Effective 7/1/2023
23A-3-301.
Definitions.
As used in this part:
(1) "Board" means the Utah Natural Resources Legacy Fund Board created in Section 23A-3-305.
(2) "Legacy fund" means the Utah Natural Resources Legacy Fund created in Section 23A-3-304.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 3 - Utah Natural Resources Legacy Fund › Section 302 - Application to mineral estates.

Effective 7/1/2023
23A-3-302.
Application to mineral estates.
This part does not change law regarding:
(1) the primacy of a mineral estate;
(2) limiting access to a mineral estate; or
(3) limiting development of a mineral estate.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 3 - Utah Natural Resources Legacy Fund › Section 303 - Reporting.

Effective 7/1/2023
23A-3-303.
Reporting.
The division shall annually report to the governor and the Natural Resources, Agriculture, and Environment Interim Committee on or before September 1 with respect to:
(1) federal grants, state appropriations, and other contributions, grants, gifts, transfers, bequests, and donations received and credited to the legacy fund during the preceding fiscal year; and
(2) expenditures from the legacy fund under Section 23A-3-306.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 3 - Utah Natural Resources Legacy Fund › Section 304 - Utah Natural Resources Legacy Fund.

Effective 7/1/2023
23A-3-304.
Utah Natural Resources Legacy Fund.
(1) There is created an expendable special revenue fund known as the "Utah Natural Resources Legacy Fund."
(2) The legacy fund consists of:
(a) appropriations to the legacy fund by the Legislature;
(b) federal grants accepted by the department or a division of the department and specifically directed to the legacy fund; and
(c) contributions, grants, gifts, transfers, bequests, and donations to the legacy fund accepted by the department and specifically directed to the legacy fund.
(3)
(a) The legacy fund shall earn interest.
(b) The interest described in Subsection (3)(a) shall be deposited into the legacy fund.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 3 - Utah Natural Resources Legacy Fund › Section 305 - Utah Natural Resources Legacy Fund Board.

Effective 7/1/2023
23A-3-305.
Utah Natural Resources Legacy Fund Board.
(1) Subject to Subsection (12), there is created within the department the Utah Natural Resources Legacy Fund Board that consists of eight members as follows:
(a) the following voting members:
(i) two members representing the agriculture industry, appointed by the commissioner of the Department of Agriculture and Food;
(ii) one member representing a non-government entity that has as a primary purpose conserving non-game wildlife and habitat, appointed by the director;
(iii) one member representing hunting, fishing, and trapping interests in Utah, appointed by the director;
(iv) one member representing mineral extraction and development interests, appointed by the director of the Division of Oil, Gas, and Mining;
(v) one member representing water development and distribution interests, appointed by the executive director; and
(vi) one at-large member, appointed by the executive director; and
(b) the director as a nonvoting member.
(2) A voting member of the board shall be appointed for a three-year term.
(3) Notwithstanding Subsection (2), terms of board members are staggered as follows so that approximately one-third of the board is appointed every year:
(a) the initial individuals appointed under Subsections (1)(a)(i) and (ii) shall be appointed for three-year terms;
(b) the initial individuals appointed under Subsections (1)(a)(iii) and (iv) shall be appointed for two-year terms; and
(c) the initial individuals appointed under Subsections (1)(a)(v) and (vi) shall be appointed for one-year terms.
(4) An individual may be appointed to more than one term.
(5) When a vacancy occurs in the membership for any reason, an individual shall be appointed in accordance with Subsection (1) to replace the member for the unexpired term.
(6) The board shall elect one member to serve as chair of the board.
(7) The board shall meet regularly as called by the chair.
(8) Four voting members constitute a quorum.
(9) An action by the majority of voting members present when a quorum is present is an action of the board.
(10) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(11) The division shall staff the board.
(12) The board is not created and may not begin operation until the legacy fund described in Section 23A-3-304 holds at least $200,000.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 3 - Funds and Accounts › Part 3 - Utah Natural Resources Legacy Fund › Section 306 - Uses of legacy fund.

Effective 7/1/2023
23A-3-306.
Uses of legacy fund.
(1) Each year, when the board creates a budget, the board shall allocate:
(a) 40% of the budget:
(i) for staff and expenses to administer the legacy fund under this part;
(ii) to conduct research, monitoring, and management actions that benefit non-game species; or
(iii) to otherwise reduce the likelihood of future species listings under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq.; and
(b) 60% of the budget to fund the following projects that provide the following landscape level conservation benefits:
(i) preserving open spaces, wildlife habitat, and critical agricultural lands;
(ii) providing perpetual access for hunting, fishing, or trapping;
(iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment, and the multiple use of renewable natural resources attributable to residential, mineral, and industrial development; or
(iv) preserving a viable agricultural industry.
(2)
(a) The board shall make recommendations to the division regarding expenditures from the legacy fund for the purposes described in Subsection (1)(b).
(b) The division shall consider the board's recommendations in approving an expenditure from the legacy fund under Subsection (1) and, if the division rejects the board's recommendation, the director shall provide the board with a written explanation of the reason for the rejection.
(3) In performing the actions described in Subsection (1)(b), the division shall comply with Section 23A-6-202.
(4) This section does not give the division the power of eminent domain.
(5) The division may not use assets from the legacy fund for litigation.
(6) Money in the legacy fund may not be used to develop or implement a habitat conservation plan required under federal law unless the federal government pays for at least one-third of the habitat conservation plan costs.
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 2 - Basic Requirements › Section 202 - License, permit, and certificate forms prescribed by Wildlife Board.

Effective 7/1/2023
23A-4-202.
License, permit, and certificate forms prescribed by Wildlife Board.
(1) The Wildlife Board shall prescribe the form of a license, permit, or certificate of registration to be used for hunting, fishing, trapping, seining, and dealing in furs.
(2) A license, permit, or certificate of registration may be paper-based or in electronic format pursuant to the rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) A license issued pursuant to Section 23A-4-305 shall be designated as such by a code number and may not contain a reference to the licensee's disability.
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 2 - Basic Requirements › Section 203 - Tag as supplement to licenses and permits.

Effective 7/1/2023
23A-4-203.
Tag as supplement to licenses and permits.
The division may issue, as a supplement to the appropriate license or permit, a tag for protected wildlife, as determined by the Wildlife Board.
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 2 - Basic Requirements › Section 204 - Alien's and nonresident peace officer's ability to obtain licenses and certificates.

Effective 7/1/2023
23A-4-204.
Alien's and nonresident peace officer's ability to obtain licenses and certificates.
(1) An alien resident of Utah may purchase a hunting, fishing, trapping, seining, and fur dealer license or certificate of registration upon the same terms as a resident citizen.
(2) A nonresident alien may purchase a hunting, fishing, trapping, seining, or fur dealer license or certificate of registration upon the same terms as nonresident citizens.
(3) Notwithstanding Subsection 23A-4-1101(1)(b), a nonresident may purchase a hunting, fishing, trapping, seining, and fur dealer license or certificate of registration upon the same terms as a resident citizen if the person is:
(a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace Officer Classifications; and
(b) required to live outside the state as a condition of the person's employment.
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 2 - Basic Requirements › Section 205 - Expiration date of licenses, permits, and certificates of registration.

Effective 7/1/2023
23A-4-205.
Expiration date of licenses, permits, and certificates of registration.
(1) The Wildlife Board shall establish the term and expiration date for a license, permit, or certificate of registration issued under this title.
(2) The division shall indicate the term and expiration date established under Subsection (1) on a license, permit, or certificate of registration.
Renumbered and Amended by Chapter 103, 2023 General Session