2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 5 - Enforcement and Violations › Part 2 - Enforcement › Section 201 - Enforcement authority of conservation officers -- Seizure and disposition of property.

Effective 7/1/2023
23A-5-201.
Enforcement authority of conservation officers -- Seizure and disposition of property.
(1) A conservation officer shall enforce the provisions of this title in accordance with the same procedures and requirements for a law enforcement officer of this state.
(2)
(a) Except as provided in Subsection (2)(b), a conservation officer may seize property or contraband in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property.
(b) A conservation officer shall seize protected wildlife illegally taken or held.
(3)
(a) If a conservation officer seizes wildlife as part of an investigation or prosecution of an offense and the wildlife may reasonably be used to incriminate or exculpate a person for the offense, the division is not required to retain the wildlife under Title 77, Chapter 11c, Retention of Evidence.
(b) If the division does not retain wildlife under Subsection (3)(a), the division is required to preserve sufficient evidence from the wildlife for use as evidence in the prosecution of a person for the offense.
(4)
(a) If a conservation officer seizes wildlife and the wildlife or parts of the wildlife are perishable, the division may donate the wildlife or parts of the wildlife to be used for charitable purposes.
(b) If wildlife or parts of the wildlife are perishable and are not fit to be donated for charitable purposes under Subsection (4)(a), the division may dispose of the wildlife or parts of the wildlife in a reasonable manner.
(5)
(a) The court may order the division to sell or dispose of protected wildlife that is seized by a conservation officer if the division is permitted by law to sell or dispose of the wildlife.
(b) The division may not sell migratory wildfowl but the division shall donate the migratory wildfowl to be used for charitable purposes.
(c) The division shall deposit the proceeds from the sale of protected wildlife into the Wildlife Resources Account.
(6) If the division disposes of wildlife, the court may order the division to:
(a) provide the owner of the disposed wildlife with wildlife that is reasonably equivalent in value to the disposed wildlife within 180 days after the day on which the court enters the order; or
(b) if the division is unable to obtain wildlife that is reasonably equivalent in value to the disposed wildlife, pay the owner of the disposed wildlife for the non-trophy value of the disposed wildlife in accordance with Subsection 23A-5-312(2) within 180 days after the day on which the court enters the order.
(7)
(a) If a conservation officer seizes a vehicle under Section 77-11a-201, the division shall store the seized vehicle in a public or private garage, state impound lot, or any other secured storage facility.
(b) The division shall release a seized vehicle to the owner no later than 30 days after the day on which the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a person charged with a felony under this title.
(c) The owner of a seized vehicle is liable for the payment of any impound fee if:
(i) the owner used the vehicle for the unlawful taking or possessing of wildlife; and
(ii) the owner is convicted of an offense under this title.
(d) The owner of a seized vehicle is not liable for the payment of any impound fee or, if the fees have been paid, is entitled to reimbursement of the fees paid, if:
(i) no charges are filed or all charges are dropped that involve the use of the vehicle for the unlawful taking or possessing of wildlife;
(ii) the person charged with using the vehicle for the unlawful taking or possessing of wildlife is found by a court to be not guilty; or
(iii) the owner did not consent to a use of the vehicle that violates this chapter.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 448, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.