reglab/statecodes huggingface dataset:
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 2 - Invasive Species Prohibited › Section 201 - Invasive species prohibited -- Administrative inspection authorized.

Effective 7/1/2023
23A-10-201.
Invasive species prohibited -- Administrative inspection authorized.
(1) Except as authorized in this title or a Wildlife Board rule or order, a person may not:
(a) possess, import, export, ship, or transport a Dreissena mussel;
(b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel in a water body, facility, or water supply system;
(c) transport a conveyance or equipment that has been in an infested water within the previous 30 days without decontaminating the conveyance or equipment; or
(d) launch or operate a vessel on the waters of the state without first:
(i) paying an aquatic invasive species fee required by Subsection 23A-10-304(1) or (2); and
(ii) displaying an aquatic invasive species decal in accordance with Subsection (6).
(2) Except as provided in Subsection (3), a person who violates Subsection (1):
(a) is strictly liable;
(b) is guilty of an infraction; and
(c) shall reimburse the state for the costs associated with detaining, quarantining, and decontaminating the conveyance or equipment.
(3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class A misdemeanor.
(4) A person may not proceed past or travel through an inspection station or administrative checkpoint, as described in Section 23A-10-301, while transporting a conveyance during an inspection station's or administrative checkpoint's hours of operations without presenting the conveyance for inspection.
(5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
(6)
(a)
(i) The division shall provide a resident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(1)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.
(ii) The division shall provide a nonresident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(2)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.
(b) A person shall display the aquatic invasive species decal obtained under this Subsection (6) on the bow of the vessel's port side six inches aft of the vessel's registration decal.
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 10 - Aquatic Invasive Species Interdiction › Part 2 - Invasive Species Prohibited › Section 202 - Reporting of invasive species required.

Effective 7/1/2023
23A-10-202.
Reporting of invasive species required.
(1) A person who discovers a Dreissena mussel within this state or has reason to believe a Dreissena mussel may exist at a specific location shall immediately report the discovery to the division.
(2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 3 - Enforcement › Section 301 - Division's power to prevent invasive species infestation.

Effective 7/1/2023
23A-10-301.
Division's power to prevent invasive species infestation.
To eradicate and prevent the infestation of a Dreissena mussel, the division may:
(1)
(a) establish inspection stations located at or along:
(i) highways, as defined in Section 72-1-102;
(ii) ports of entry, if the Department of Transportation authorizes the division to use the port of entry; and
(iii) publicly accessible:
(A) boat ramps; and
(B) conveyance launch sites; and
(b) temporarily stop, detain, and inspect a conveyance or equipment that:
(i) the division reasonably believes is in violation of Section 23A-10-201;
(ii) the division reasonably believes is in violation of Section 23A-10-305;
(iii) is stopped at an inspection station; or
(iv) is stopped at an administrative checkpoint;
(2) conduct an administrative checkpoint in accordance with Section 77-23-104;
(3) detain and quarantine a conveyance or equipment as provided in Section 23A-10-302;
(4) order a person to decontaminate a conveyance or equipment; and
(5) inspect the following that may contain a Dreissena mussel:
(a) a water body;
(b) a facility; and
(c) a water supply system.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 3 - Enforcement › Section 302 - Conveyance or equipment detainment or quarantine.

Effective 7/1/2023
23A-10-302.
Conveyance or equipment detainment or quarantine.
(1) The division, a port-of-entry agent, or a peace officer may detain or quarantine a conveyance or equipment if:
(a) the division, agent, or peace officer:
(i) finds the conveyance or equipment contains a Dreissena mussel; or
(ii) reasonably believes that the person transporting the conveyance or equipment is in violation of Section 23A-10-201; or
(b) the person transporting the conveyance or equipment refuses to submit to an inspection authorized by Section 23A-10-301.
(2) The detainment or quarantine authorized by Subsection (1) may continue for:
(a) up to five days; or
(b) the period of time necessary to:
(i) decontaminate the conveyance or equipment; and
(ii) ensure that a Dreissena mussel is not living on or in the conveyance or equipment.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 3 - Enforcement › Section 305 - Removal of drain plug or similar device during transport.

Effective 7/1/2023
23A-10-305.
Removal of drain plug or similar device during transport.
(1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in the state, a person shall:
(a) remove the plugs and similar devices that prevent drainage of raw water systems on the conveyance; and
(b) to the extent feasible, drain the water from live wells, bilges, ballast tanks, or similar compartments on the conveyance.
(2) A person who fails to comply with Subsection (1) is guilty of a class C misdemeanor.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 4 - Administration › Section 401 - Rulemaking authority.

Effective 7/1/2023
23A-10-401.
Rulemaking authority.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules that:
(1) establish the procedures and requirements for decontaminating a conveyance or equipment to prevent the introduction and infestation of a Dreissena mussel;
(2) establish the requirements necessary to provide proof that a conveyance or equipment is decontaminated;
(3) establish the notification procedures required in Section 23A-10-303;
(4) identify the geographic area, water body, facility, or water supply system that is infested by Dreissena mussels;
(5) establish a procedure and protocol in cooperation with the Department of Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or equipment at a port-of-entry in accordance with Section 23A-10-301; and
(6) are necessary to administer and enforce this chapter.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 5 - Statewide Aquatic Invasive Species Emergency Response Plan › Section 501 - Aquatic invasive species emergency response plan.

Effective 7/1/2023
23A-10-501.
Aquatic invasive species emergency response plan.
(1) As used in this section:
(a) "Committee" means the Natural Resources, Agriculture, and Environment Interim Committee.
(b) "Emergency response plan" means the statewide aquatic invasive species emergency response plan developed by the division in accordance with this part.
(2) The division shall develop a statewide aquatic invasive species emergency response plan to address the potential spread of aquatic invasive species throughout the state.
(3) In developing the emergency response plan, the division shall coordinate with public and private entities that may be necessary or helpful to remediating the potential spread of aquatic invasive species throughout the state.
(4) The emergency response plan shall:
(a) designate the division as the entity that coordinates the implementation of the emergency response plan;
(b) provide for annual review of the emergency response plan by the division;
(c) provide that the emergency response plan may only be implemented if the division detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water supply system within the state; and
(d) define what constitutes a detection of aquatic invasive species at a water body, facility, or water supply system.
(5) If an event requires the implementation of the emergency response plan, the division shall report on that event and the implementation of the emergency response plan to the committee.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
23A-11-101.
Definitions.
As used in this chapter:
(1) "Big game" includes deer, elk, big horn sheep, moose, mountain goats, pronghorn, and bison.
(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) "Management unit" means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal.
(4) "Predator" means a cougar, bear, or coyote.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 2 - Limits on Hunting › Section 201 - Limit of one of species of big game during license year -- Invalid and forfeited permit or tag.

Effective 7/1/2023
23A-11-201.
Limit of one of species of big game during license year -- Invalid and forfeited permit or tag.
(1) A person may take only one of a species of big game during a license year, regardless of how many licenses or permits the person obtains, except as otherwise provided by this title or a proclamation of the Wildlife Board.
(2)
(a) If a person kills a big game animal in violation of this title, while attempting to exercise the benefits of a big game permit or big game tag, the big game permit or big game tag is invalid and the person shall forfeit the big game permit or big game tag to the division.
(b) This Subsection (2) does not apply if:
(i) a citation is issued for a rule violation described in Subsection (2)(a); or
(ii) a warning citation for a violation described in Subsection (2)(a) is issued.
(3) The division may grant a season extension to a valid, unfilled big game permit opportunity that was invalidated and forfeited under Subsection (2) if:
(a) the criminal charges associated with the big game permit forfeiture are dismissed, with prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;
(b) the person issued the big game permit that is forfeited requests the division in writing within 60 days of a final action dismissing or acquitting that person of the criminal charges that led to the big game permit forfeiture;
(c) the season extension is granted for the same species and sex, hunt unit, and season dates associated with the forfeited big game permit, as established by the Wildlife Board in the hunt year of the extension; and
(d) the extension occurs in the first season immediately following dismissal of or acquittal on the criminal charges described in Subsection (3)(a).
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 2 - Limits on Hunting › Section 202 - Commencement date of general rifle deer season.

Effective 7/1/2023
23A-11-202.
Commencement date of general rifle deer season.
The general rifle deer season may not commence each year before October 1.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 2 - Limits on Hunting › Section 203 - Big game baiting prohibited.

Effective 7/1/2023
23A-11-203.
Big game baiting prohibited.
(1) As used in this section:
(a)
(i) "Bait" means intentionally placing food or nutrient substances to manipulate the behavior of wildlife for the purpose of taking or attempting to take big game.
(ii) "Bait" does not include:
(A) the use of salt, mineral blocks, or other commonly used types of livestock supplements placed in the field by agricultural producers for normal agricultural purposes; or
(B) standing crops, natural vegetation, harvested croplands, or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation, or normal soil stabilization practice.
(b) "Baited area" means land within a 50-yard radius of the site where bait is placed, including the site where bait is placed.
(2) Unless authorized by a certificate of registration, a person may not:
(a) bait big game;
(b) take big game in a baited area; or
(c) take big game that has been lured to or is traveling from a baited area.
(3) The division may only issue a certificate of registration to allow for the baiting of big game if the division determines that baiting is necessary to:
(a) alleviate substantial big game depredation on cultivated crops; or
(b) facilitate the removal of deer causing property damage within cities or towns.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 2 - Limits on Hunting › Section 204 - Limitation on compensating people to locate big game animals.

Effective 7/1/2023
23A-11-204.
Limitation on compensating people to locate big game animals.
(1) As used in this section:
(a) "Compensate" or "compensated" means anything of value in excess of $25 that is paid, loaned, given, granted, donated, or transferred to a person for or in consideration of locating or monitoring the location of big game animals.
(b) "Retain" or "retained" means a written or oral agreement for the delivery of outfitting services or hunting guide services between an outfitter or hunting guide and the recipient of those services.
(2) Except as provided in Subsections (3) and (4), a person may not compensate another person to locate or monitor the location of big game animals on public land in connection with or furtherance of taking a big game animal under this title.
(3) A person may compensate a registered outfitter or hunting guide to help the person locate and take a big game animal on public land if:
(a) the outfitter or hunting guide is registered and in good standing under Title 58, Chapter 79, Hunting Guides and Outfitters Registration Act;
(b) the person has retained the outfitter or hunting guide and is the recipient of the outfitting services and hunting guide services, as defined in Section 58-79-102;
(c) the person possesses the licenses and permits required to take a big game animal;
(d) the person retains and uses not more than one outfitter or hunting guide in connection with taking a big game animal; and
(e) the retained outfitter or hunting guide uses no more than one compensated individual in locating or monitoring the location of big game animals on public land.
(4) A registered outfitter or registered hunting guide in good standing may compensate another person to locate or monitor the location of big game animals on public land if:
(a) the outfitter or hunting guide has been retained by the recipient of the outfitting services or hunting guide services to assist the recipient take a big game animal on public land;
(b) the recipient possesses the licenses and permits required to take a big game animal;
(c) the recipient is not simultaneously using another outfitter or hunting guide to assist in taking the same species and sex of big game animal; and
(d) the outfitter or hunting guide compensates not more than one other individual to locate or monitor the location of big game animals in connection with assisting the recipient take a big game animal on public land.
(5) A violation of:
(a) this section constitutes an unlawful take under Section 23A-5-309; and
(b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502, and 58-79-501.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 2 - Limits on Hunting › Section 205 - Requirement to wear hunter orange -- Exceptions.

Effective 7/1/2023
23A-11-205.
Requirement to wear hunter orange -- Exceptions.
(1) As used in this section:
(a)
(i) "Centerfire rifle hunt" means a hunt for which a hunter may use a centerfire rifle, except as provided in Subsection (1)(a)(ii).
(ii) "Centerfire rifle hunt" does not include:
(A) a bighorn sheep hunt;
(B) a mountain goat hunt;
(C) a bison hunt;
(D) a moose hunt;
(E) a hunt requiring the hunter to possess a statewide conservation permit; or
(F) a hunt requiring the hunter to possess a statewide sportsman permit.
(b) "Statewide conservation permit" means a permit:
(i) issued by the division;
(ii) distributed through a nonprofit organization founded for the purpose of promoting wildlife conservation; and
(iii) valid:
(A) on open hunting units statewide; and
(B) for the species of big game and time period designated by the Wildlife Board.
(c) "Statewide sportsman permit" means a permit:
(i) issued by the division through a public draw; and
(ii) valid:
(A) on open hunting units statewide; and
(B) for the species of big game and time period designated by the Wildlife Board.
(2)
(a) A person shall wear a minimum of 400 square inches of hunter orange material while hunting a species of big game, except as provided in Subsection (3).
(b) A person shall wear hunter orange material on the head, chest, and back.
(3) A person is not required to wear the hunter orange material described in Subsection (2):
(a) during the following types of hunts, unless a centerfire rifle hunt is in progress in the same area:
(i) archery;
(ii) muzzle-loader;
(iii) mountain goat;
(iv) bighorn sheep;
(v) bison; or
(vi) moose; or
(b) as provided by a rule 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 11 - Big Game › Part 3 - Management › Section 301 - Deer and elk management plans -- Division to confer with others -- Target herd size objectives.

Effective 7/1/2023
23A-11-301.
Deer and elk management plans -- Division to confer with others -- Target herd size objectives.
(1) The division shall:
(a) prepare a management plan for each deer and elk herd unit in the state; and
(b) submit the plans to the Wildlife Board for the Wildlife Board's approval.
(2) Upon approval of a plan by the Wildlife Board, the division shall manage the herd unit in accordance with the management plan.
(3) In preparing a management plan, the division shall confer with federal and state land managers, private landowners, sportsmen, and ranchers.
(4)
(a) A management plan shall establish target herd size objectives.
(b) In establishing target herd size objectives, the division and Wildlife Board shall among other factors:
(i) consider available information on each unit's range carrying capacity and ownership; and
(ii) seek to balance relevant multiple uses for the range.
(5) Until a management plan for a herd unit is prepared in accordance with this section and approved by the Wildlife Board, the division shall manage the herd unit to maintain the herd size as range conditions and available data dictate.
(6) The division or Wildlife Board may revise a management plan as the division or Wildlife Board determines necessary. A revised plan shall be prepared in accordance with Subsections (3) and (4).
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 3 - Management › Section 302 - Big game protection -- Director authority.

Effective 7/1/2023
23A-11-302.
Big game protection -- Director authority.
(1) It is the policy of the state that big game animals are of great importance to the citizens of the state, the citizen's quality of life, and the long term sustainability of the herds for future generations.
(2)
(a) Unless the condition described in Subsection (2)(b) is determined, the director shall take immediate action to reduce the number of predators within a management unit when the big game population is under the established herd size objective for that management unit.
(b) Subsection (2)(a) does not apply if the division determines that predators are not significantly contributing to the big game population being under the herd size objective for the management unit.
(3) Immediate action under Subsection (2) includes any of the following management tools:
(a) increasing take permits or tags for cougar and bear until the herd size objective is met;
(b) allowing big game hunters to harvest predators with the appropriate permit during a big game hunting season, including issuing over-the-counter predator permits;
(c) professional trapping and predator control by the United States Department of Agriculture Wildlife Services, private contracts, and the general public, including aerial control measures; and
(d) other management tools as determined by the director.
(4) The director shall annually give a status report on predator control measures implemented pursuant to this chapter and Chapter 8, Part 4, Damage by Big Game, to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee and Natural Resources, Agriculture, and Environment Interim Committee.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 4 - Mule Deer Protection › Section 401 - Definitions.

Effective 7/1/2023
23A-11-401.
Definitions.
As used in this part:
(1) "General predator control" means a predatory animal removal effort by the division to reduce predatory animal numbers for the benefit of mule deer.
(2) Notwithstanding Section 23A-8-101, "predatory animal" means a coyote.
(3) "Targeted predator control" means a predatory animal removal effort by the division:
(a) to reduce predatory animal numbers in an area where mule deer predation occurs; and
(b) that focuses on specific locations and certain times.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 11 - Big Game › Part 4 - Mule Deer Protection › Section 402 - Rulemaking authority, coordination, and administration for predator control.

Effective 7/1/2023
23A-11-402.
Rulemaking authority, coordination, and administration for predator control.
(1) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish programs to accomplish targeted predator control or general predator control, including programs that offer incentives or compensation to participants who remove a predatory animal that is detrimental to mule deer production.
(2) The division shall:
(a) administer a program established under Subsection (1);
(b) coordinate with federal, state, and local governments, and private persons to accomplish the purposes of this part; and
(c) coordinate with the Department of Agriculture and Food and the Agriculture and Wildlife Damage Prevention Board created in Section 4-23-104 to:
(i) minimize unnecessary duplication of predator control efforts; and
(ii) prevent interference between predator control programs administered under Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act, and this part.
(3) The division may:
(a) contract with a vendor that offers targeted predator control services; and
(b) prepare and distribute educational and training materials related to mule deer protection.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 2 - Hunting of Birds › Section 201 - General season turkey hunts.

Effective 7/1/2023
23A-12-201.
General season turkey hunts.
The Wildlife Board may establish two general season turkey hunts per year.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 2 - Hunting of Birds › Section 202 - Commercial hunting area -- Registration -- Requirements for hunters.

Effective 7/1/2023
23A-12-202.
Commercial hunting area -- Registration -- Requirements for hunters.
(1)
(a) A person desiring to operate a commercial hunting area within the state to permit the releasing and shooting of pen-raised birds may apply to the Wildlife Board for authorization to do so.
(b) The Wildlife Board may issue the applicant a certificate of registration to operate a commercial hunting area in accordance with rules prescribed by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) The Wildlife Board may determine the number of commercial hunting areas that may be established in each county of the state.
(2)
(a) A certificate of registration issued under Subsection (1) shall specify the species of birds that the applicant may propagate, keep, and release for shooting on the area covered by the certificate of registration.
(b) The applicant may charge a fee for harvesting the birds specified under Subsection (2)(a).
(3)
(a) A person hunting within the state on a commercial hunting area shall:
(i)
(A) possess proof of passing a division-approved hunter education course, if the person was born after December 31, 1965; or
(B) possess a trial hunting authorization issued under Section 23A-4-701;
(ii) comply with the accompaniment requirements of Sections 23A-4-701 and 23A-4-708, if applicable; and
(iii) have the permission of the owner or operator of the commercial hunting area.
(b) The operator of a commercial hunting area shall verify that each hunter on the commercial hunting area meets the requirements of Subsection (3)(a)(i).
(4) Hunting on commercial hunting areas is permitted only during the commercial hunting area season prescribed by the Wildlife Board.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 2 - Hunting of Birds › Section 203 - Falconry authorized.

Effective 7/1/2023
23A-12-203.
Falconry authorized.
The Wildlife Board may authorize the practice of falconry within the state and the capturing and keeping in possession of birds to be used in the practice of falconry under rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 2 - Hunting of Birds › Section 204 - Dog field meets.

Effective 7/1/2023
23A-12-204.
Dog field meets.
(1) Subject to Subsection (2), a person may hold within the state a dog field meet or trial where dogs are permitted to work in exhibition or contest where the skill of dogs is demonstrated by locating or retrieving birds that have been obtained from a legal source.
(2) Before a meet or trial is held, a person shall apply in writing to the division, which may authorize the meet or trial under rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 2 - Hunting of Birds › Section 205 - Training of dogs -- Use of protected or privately owned wildlife.

Effective 7/1/2023
23A-12-205.
Training of dogs -- Use of protected or privately owned wildlife.
The Wildlife Board may authorize the use of protected wildlife or privately owned wildlife for the training of dogs within the state under rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 3 - Waterfowl Management Areas Act › Section 301 - Definitions.

Effective 7/1/2023
23A-12-301.
Definitions.
(1) The definitions in Section 58-79-102 apply to this part.
(2)
(a) As used in this part, "waterfowl management area" means real property owned or managed by the division that is:
(i) primarily used for the conservation, production, or recreational harvest of ducks, mergansers, geese, brant, swans, and other waterfowl; and
(ii) designated as a waterfowl management area by the Wildlife Board in accordance with Section 23A-12-303.
(b) "Waterfowl management area" includes the Willard Spur Waterfowl Management Area and the Harold Crane Waterfowl Management Area described in Section 23A-6-403.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 3 - Waterfowl Management Areas Act › Section 302 - Prohibited activities.

Effective 7/1/2023
23A-12-302.
Prohibited activities.
(1) A commercial hunting guide or outfitter may not use a waterfowl management area for any of the following, unless the commercial hunting guide or outfitter has an annual permit, issued by the Wildlife Board pursuant to this part, for the use:
(a) hunting guide services or outfitter services; or
(b) transportation of an individual to another area for the purpose of providing hunting guide services or outfitter services.
(2) An individual may not construct a permanent blind or other permanent structure that is used for hunting within the boundaries of a waterfowl management area.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 12 - Birds in General › Part 3 - Waterfowl Management Areas Act › Section 303 - Rulemaking -- Notice.

Effective 7/1/2023
23A-12-303.
Rulemaking -- Notice.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board shall make rules:
(a) designating and establishing the boundaries of a waterfowl management area;
(b) governing the management and use of a waterfowl management area in accordance with this part; and
(c) to create an annual permit process by which commercial hunting guides and outfitters may use waterfowl management areas in accordance with this part.
(2) The annual permit process described in Subsection (1)(c) shall:
(a) preserve the opportunity for non-guided hunters to use waterfowl management areas; and
(b) require a permit holder to comply with safety standards established by the Wildlife Board.
(3) The division shall provide an annual report to the Natural Resources, Agriculture, and Environment Interim Committee regarding any rules made or changed in accordance with this part.
(4) The Wildlife Board shall publish a map of the boundaries of each waterfowl management area.
(5) Nothing in this part modifies or limits:
(a) Section 23A-6-403, or the discretion of the division to manage waterfowl management areas for other beneficial purposes, including for the benefit of the public, shorebirds, waterfowl, and other protected wildlife; or
(b) the authority of the division, the director, or the Wildlife Board under Chapter 6, Lands and Waters for Wildlife Purposes.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
23A-13-101.
Definitions.
As used in this chapter:
(1) "Migratory bird" means the same as that term is defined in 16 U.S.C. Sec. 715j.
(2) "Migratory bird production area" means an area of land that is:
(a) created under this chapter; and
(b) used according to the description in Subsections 23A-13-201(1)(b)(iii)(A) and (B).
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 2 - Migratory Bird Production Area › Section 201 - Creation of a migratory bird production area.

Effective 7/1/2023
23A-13-201.
Creation of a migratory bird production area.
(1)
(a) On or before July 1, 2022, an owner or owners of at least 500 contiguous acres of land in an unincorporated area may dedicate the land as a migratory bird production area by filing a notice of dedication with the county recorder of the county in which the land is located.
(b) The notice of dedication shall contain:
(i) the legal description of the land included within the migratory bird production area;
(ii) the name of the owner or owners of the land included within the migratory bird production area; and
(iii) an affidavit signed by each landowner that all of the land, except as provided by Subsection (2), within the migratory bird production area is:
(A) actively managed for migratory bird:
(I) production;
(II) habitat; or
(III) hunting; and
(B) used for a purpose compatible with the purposes described in Subsection (1)(b)(iii)(A).
(c) A person who files a notice of dedication under this section shall give a copy of the notice of dedication within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located.
(2)
(a) The notice of dedication may designate land, the amount of which is less than 1% of the total acreage within a migratory bird production area, upon which the landowner may build a structure described in Subsection 23A-13-302(1)(c).
(b)
(i) An owner may build or maintain a road, dike, or water control structure within the migratory bird production area.
(ii) A road, dike, or water control structure is not considered a structure for purposes of Subsection (2)(a).
(3)
(a) Within 30 days of the day on which the county legislative body receives a copy of the notice of dedication under Subsection (1)(c), the county legislative body may bring an action in district court to cancel or revise a migratory bird production area on the basis that an affidavit filed as part of the notice of dedication under Subsection (1)(b)(iii) is inaccurate.
(b) In bringing the action, the county legislative body shall specify the portion of the migratory bird production area and the affidavit subject to the action.
(c) In an action brought under this Subsection (3), the person who files an affidavit described in Subsection (3)(a) has the burden to prove by a preponderance of the evidence that the affidavit is accurate.
(d) If the court cancels or revises a migratory bird production area, the person who filed the original notice of dedication shall file a revision notice with the county recorder reflecting the court's order.
(4) In accordance with Section 23A-13-202, a person may at any time add land to a migratory bird production area created under this section.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 2 - Migratory Bird Production Area › Section 202 - Adding to or removing land from a migratory bird production area.

Effective 7/1/2023
23A-13-202.
Adding to or removing land from a migratory bird production area.
(1) Subject to the other provisions of this section, a landowner may file a revision notice with the county recorder of the county in which the migratory bird production area is located to add land to or remove land from a migratory bird production area.
(2) The revision notice shall contain:
(a) a legal description of the land added to or removed from the migratory bird production area; and
(b) the name of the owner or owners of the land added to or removed from the migratory bird production area.
(3) A person who files a revision notice under this section shall give a copy of the revision notice within 10 days of its filing to the legislative body of the county in which the migratory bird production area is located.
(4) If removing land from a migratory bird production area results in a migratory bird production area of less than 300 contiguous acres:
(a) the migratory bird production area ceases to exist; and
(b) the landowner shall:
(i) notify each landowner within the former migratory bird production area; and
(ii) file the revision notice required by this section for the entire migratory bird production area.
(5) A landowner may add land to a migratory bird production area only if:
(a) the land to be added is contiguous to the migratory bird production area; and
(b) all the landowners of the contiguous land to be added to the migratory bird production area consent to the contiguous land being added to the migratory bird production area.
(6) A landowner of a migratory bird production area may include an easement in the migratory bird production area if:
(a) the landowner owns the easement;
(b) the easement is on land that is contiguous to the migratory bird production area; and
(c) the owner of the land where the easement is located consents to the easement being included in the migratory bird production area.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 3 - Protections › Section 301 - Farmland Assessment Act.

Effective 7/1/2023
23A-13-301.
Farmland Assessment Act.
(1) Creation of a migratory bird production area does not impair the ability of land within the migratory bird production area to qualify for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(2) The eligibility of land for the benefits of Title 59, Chapter 2, Part 5, Farmland Assessment Act, is determined exclusively by that act, notwithstanding the land's location within a migratory bird production area.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 3 - Protections › Section 302 - Limitations on local regulations.

Effective 7/1/2023
23A-13-302.
Limitations on local regulations.
(1)
(a) A county within which a migratory bird production area is located shall encourage the continuity, development, and viability of the migratory bird production area.
(b) Except as otherwise specifically provided in this chapter, the purposes, uses, and activities of a migratory bird production area described in this chapter are afforded the highest priority of use status.
(c) A structure, improvement, or activity historically or customarily used in conjunction with a migratory bird production area is considered a permitted use under the county's zoning law, ordinance, or regulation.
(2) A county within which a migratory bird production area is located may not:
(a) enact a law, ordinance, or regulation that unreasonably restricts an activity normally associated with the migratory bird production area;
(b) change the zoning designation of, or a zoning regulation applying to land within a migratory bird production area unless the county receives written approval for the change from all the landowners within the migratory bird production area; or
(c) enact a law, ordinance, or regulation concerning the use, operation, or discharge of a firearm on a migratory bird production area.
(3) For purposes of Subsection (2)(a), a law, ordinance, or regulation is unreasonable if it restricts or impairs the purposes, uses, and activities historically or customarily associated with a migratory bird production area.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 3 - Protections › Section 303 - Nuisances.

Effective 7/1/2023
23A-13-303.
Nuisances.
(1)
(a) A county shall exclude the activities described in Subsection (1)(b) from the definition of public nuisance in a county law or ordinance regulating a public nuisance.
(b) An activity or occurrence normally associated with a migratory bird production area is not a nuisance, including:
(i) hunting;
(ii) discharging a firearm;
(iii) improving habitat;
(iv) trapping;
(v) eradicating weeds;
(vi) discing;
(vii) planting;
(viii) impounding water;
(ix) raising a bird or other domestic animal;
(x) grazing;
(xi) an activity conducted in the normal course of an agricultural operation as defined in Section 4-44-102; and
(xii) an odor.
(2) In a civil action for nuisance or a criminal action for public nuisance under Section 76-10-803, it is a complete defense if the action is:
(a) normally associated with a migratory bird production area;
(b) conducted within a migratory bird production area; and
(c) not in violation of federal or state law.
(3) An owner of a new development located in whole or in part within 1,000 feet of a migratory bird production area shall provide the following notice on a plat filed with the county recorder:
"Migratory Bird Production Area
This property is located in the vicinity of an established migratory bird production area in which hunting and activities related to the management and operation of land for the benefit of migratory birds have been afforded the highest priority use status. It can be anticipated that these uses and activities may now or in the future be conducted on land within the migratory bird production area. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from activities normally associated with a migratory bird production area."
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 3 - Protections › Section 304 - Annexation restrictions.

Effective 7/1/2023
23A-13-304.
Annexation restrictions.
A municipality may annex real property within a migratory bird production area as provided by Title 10, Chapter 2, Part 4, Annexation.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 13 - Migratory Bird Production Area › Part 3 - Protections › Section 305 - Application of Water Quality Act.

Effective 7/1/2023
23A-13-305.
Application of Water Quality Act.
A migratory bird production area is subject to Title 19, Chapter 5, Water Quality Act.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 14 - Furbearers › Part 2 - Taking of Furbearers › Section 201 - Taking of furbearers.

Effective 7/1/2023
23A-14-201.
Taking of furbearers.
A person holding a furbearer license may take a furbearer in accordance with the rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 14 - Furbearers › Part 2 - Taking of Furbearers › Section 202 - Trapping on lands controlled by division governed by Wildlife Board.

Effective 7/1/2023
23A-14-202.
Trapping on lands controlled by division governed by Wildlife Board.
The Wildlife Board shall govern trapping on lands controlled by the division.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 14 - Furbearers › Part 2 - Taking of Furbearers › Section 203 - Taking red fox or striped skunk.

Effective 7/1/2023
23A-14-203.
Taking red fox or striped skunk.
Red fox or striped skunk may be taken anytime without a license as provided by this title, a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or a proclamation of the Wildlife Board.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 15 - Wolf Management Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
23A-15-101.
Definitions.
As used in this chapter:
(1) "Endangered Species Act" means the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
(2) "Service" means the United States Fish and Wildlife Service.
(3) "Wolf" means the species Canis lupus.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 15 - Wolf Management Act › Part 1 - General Provisions › Section 102 - Legislative findings and declarations.

Effective 7/1/2023
23A-15-102.
Legislative findings and declarations.
(1) Section 23A-2-201 appoints the division as trustee and custodian of protected wildlife in the state.
(2) The wolf has been listed as endangered under the federal Endangered Species Act throughout the greater portion of the state.
(3) The service is the federal agency charged with responsibility to administer the Endangered Species Act.
(4) The service acknowledges that Utah is not critical to the recovery of wolves and that it does not intend to actively recover wolves in the state.
(5) The division prepared a wolf management plan outlining the division's management objectives for the wolf in Utah when the wolf was delisted and removed from federal control.
(6) The wolf management plan prepared by the division was formally submitted to the service in 2007 for approval.
(7) The service has neither approved, denied, nor otherwise commented on the plan since receiving it in 2007.
(8) The state formally requested, in writing on multiple occasions, that the service delist the wolf throughout Utah, and the service has failed to acknowledge or otherwise respond to the requests.
(9) The state cannot adequately or effectively manage wolves on a pack level in the small area of the state where the species is currently delisted without significantly harming other vital state interests, including livestock and big game populations.
(10) It is the policy of the state to legally advocate and facilitate the delisting of wolves in Utah under the Endangered Species Act and to return wolf management authority to the state.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 15 - Wolf Management Act › Part 2 - Wolf Management › Section 201 - Wolf management.

Effective 7/1/2023
23A-15-201.
Wolf management.
(1) The division shall contact the service upon discovering a wolf in an area of the state where wolves are listed as threatened or endangered under the Endangered Species Act and request immediate removal of the animal from the state.
(2) The division shall manage wolves to prevent the establishment of a viable pack in all areas of the state where the wolf is not listed as threatened or endangered under the Endangered Species Act until the wolf is completely delisted under the act and removed from federal control in the entire state.
(3) Subsections (1) and (2) do not apply to wolves lawfully held in captivity and restrained.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 15 - Wolf Management Act › Part 2 - Wolf Management › Section 202 - Rulemaking.

Effective 7/1/2023
23A-15-202.
Rulemaking.
The Wildlife Board may make administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to manage the wolf in accordance with this chapter.
Renumbered and Amended by Chapter 103, 2023 General Session