23A-4 - Licenses, Permits, Certificates of Registration, and Tags

Title 23A > 23A-4

Sections (66)

General Provisions

23A-4-101 - Definitions.

Reserved.

Basic Requirements

23A-4-201 - Possession of licenses, certificates of registration, permits, and tags required — Nonassignability — Exceptions — Nature of licenses, permits, or tags issued by the division.

23A-4-201(1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:

procures the necessary licenses, certificates of registration, permits, or tags required under this title, by rule made by the Wildlife Board under this title, or by an order or proclamation; and carries in the person’s possession while engaging in the activities described in Subsection (1) the license, certificate of registration, permit, or tag required under this title, by rule made by the Wildlife Board under this title, or by an order or proclamation. 23A-4-201(2) Except as provided in Subsection (3) a person may not:

lend, transfer, sell, give, or assign: a license, certificate of registration, permit, or tag belonging to the person; or a right granted by a license, certificate of registration, permit, or tag; or use or attempt to use a license, certificate of registration, permit, or tag of another person. 23A-4-201(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2) to:

transport wildlife; allow a person to take protected wildlife for another person if: the person possessing the license, certificate of registration, permit, or tag has a permanent physical impairment due to a congenital or acquired injury or disease; and the injury or disease described in Subsection (3)(b)(i) results in the person having a disability that renders the person physically unable to use a legal hunting weapon or fishing device; allow a resident or nonresident minor under 18 years old to use the resident or nonresident hunting permit of another person in accordance with Section 23A-4-710; or subject to the requirements of Subsection (4), transfer to another person a certificate of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in connection with the sale or transfer of the brine shrimp harvest operation or harvesting equipment. 23A-4-201(4) A person may transfer a certificate of registration to harvest brine shrimp and brine shrimp eggs if:

the person submits to the division an application to transfer the certificate on a form provided by the division; the proposed transferee meets the requirements necessary to obtain an original certificate of registration; and the division approves the transfer of the certificate. 23A-4-201(5) A person is not required to obtain a license, certificate of registration, permit, or tag to:

fish on a free fishing day that the Wildlife Board may establish each year by rule made by the Wildlife Board under this title or by an order or proclamation; fish at a private fish pond operated in accordance with Section 23A-9-203; hunt birds on a commercial hunting area that the owner or operator is authorized to propagate, keep, and release for shooting in accordance with a certificate of registration issued under Section 23A-12-202; or take fish at a short-term fishing event. 23A-4-201(6) A license, permit, tag, or certificate of registration issued under this title, or the rules of the Wildlife Board issued pursuant to this title, to take protected wildlife is: a privilege; and not a right or property for any purpose. A point or other form of credit issued to, or accumulated by, a person under procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a hunting permit in a division-administered drawing: may not be transferred, sold, or assigned to another person; and is not a right or property for any purpose.

23A-4-202 - License, permit, and certificate forms prescribed by Wildlife Board.

23A-4-202(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. 23A-4-202(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. 23A-4-202(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.

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.

23A-4-204 - Alien’s and nonresident peace officer’s ability to obtain licenses and certificates.

23A-4-204(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. 23A-4-204(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. 23A-4-204(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:

employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace Officer Classifications; and required to live outside the state as a condition of the person’s employment.

23A-4-205 - Expiration date of licenses, permits, and certificates of registration.

23A-4-205(1) The Wildlife Board shall establish the term and expiration date for a license, permit, or certificate of registration issued under this title. 23A-4-205(2) The division shall indicate the term and expiration date established under Subsection (1) on a license, permit, or certificate of registration.

23A-4-206 - Signature on documents — Considered under oath — Prohibition on use of unsigned documents.

23A-4-206(1) A person’s signature on a license, permit, tag, or certificate of registration is certification of that person’s eligibility to use the license, permit, tag, or certificate of registration for the purpose intended by this title. 23A-4-206(2) A signature described in Subsection (1) need not be notarized but shall be considered to be made under oath. 23A-4-206(3) A signature may be an electronic signature if allowed by rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 23A-4-206(4) A person may not use an unsigned license, permit, tag, or certificate of registration.

23A-4-207 - Sales of licenses, certificates, or permits final — Exceptions — Reallocation of surrendered permits.

23A-4-207(1) A sale of a license, permit, or certificate is final, and the division may not refund money except as provided in Subsections (2) and (3) or Section 23A-4-301. 23A-4-207(2) The division may refund the amount of a license, certificate, or permit if:

the division or the Wildlife Board discontinues the activity for which the license, certificate, or permit was obtained; the division determines that the division has erroneously collected a fee; the person to whom the license, certificate, or permit is issued becomes ill or suffers an injury that precludes the person from using the license, certificate, or permit; the person furnishes verification of illness or injury from a physician or physician assistant; the person does not actually use the license, certificate, or permit; and the license, certificate, or permit is surrendered before the end of the season for which the permit was issued; or the person to whom the license, certificate, or permit is issued dies before the person being able to use the license, certificate, or permit. 23A-4-207(3) The Wildlife Board may establish additional exceptions to the refund prohibitions in Subsection (1) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 23A-4-207(4) The director may reallocate surrendered permits in accordance with rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

23A-4-208 - Duplicate license, permit, tag, or certificate of registration.

23A-4-208(1) If an unexpired license, permit, tag, or certificate of registration issued under this title is destroyed, lost, or stolen, the division, a person designated by the director, or the division’s authorized license agents may issue a duplicate license, permit, tag, or certificate of registration in accordance with the rules set and fees determined by the Wildlife Board. 23A-4-208(2) Upon issuance of a duplicate license, permit, tag, or certificate of registration, the original license, permit, tag, or certificate of registration is invalid.

23A-4-209 - Search and rescue surcharge.

23A-4-209(1) In addition to the fees imposed under this title, there is imposed a 25 cent surcharge on a fishing, hunting, or combination license. 23A-4-209(2) The surcharge imposed under Subsection (1) shall be deposited in the General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program created under Section 53-2a-1102.

23A-4-210 - Fees and certificates of registration to harvest brine shrimp eggs.

The Wildlife Board may not impose a fee to harvest brine shrimp eggs other than a certificate of registration fee.

23A-4-211 - Electronic duck stamp — Fee.

23A-4-211(1) As used in this section, “duck stamp” means the migratory bird hunting and conservation stamp described in 16 U.S.C. Sec. 718a. 23A-4-211(2) The division may provide for the purchase of an electronic duck stamp by an individual on the division’s website, as authorized by 16 U.S.C. Sec. 718p. 23A-4-211(3) Except as described in Subsection (5), there is imposed a $30 electronic duck stamp fee for an electronic duck stamp purchased on the division’s website. 23A-4-211(4) The division shall deposit the electronic duck stamp fee collected under Subsection (3) into the Wildlife Resources Account created in Section 23A-3-201. 23A-4-211(5) Notwithstanding the fee amount described in Subsection (3), the Wildlife Board may increase or decrease the electronic duck stamp fee to an amount that is no less than the amount the division is required to submit to the secretary of the interior under 16 U.S.C. 718r. An adjustment made by the Wildlife Board under Subsection (5)(a) takes effect when confirmed in the legislative fee schedule adopted in the general session of the Legislature immediately following the adjustment.

Special Circumstances

23A-4-301 - Refunds for armed forces or public health or safety organization members.

23A-4-301(1) A member of the United States Armed Forces or public health or public safety organization who is mobilized or deployed on order in the interest of national defense or emergency and is precluded from using a purchased license, certificate, tag, or permit, may, as provided in Subsection (2):

receive a refund from the division; and if the person has drawn a permit, have the opportunities to draw that permit in a future draw reinstated. 23A-4-301(2) To qualify, the person or a legal representative shall:

notify the division within a reasonable amount of time that the person is applying for a refund; surrender the license, certificate, tag, or permit to the division; and furnish satisfactory proof to the division that the person: is a member of:

the United States Armed Forces; a public health organization; or a public safety organization; and was precluded from using the license, certificate, tag, or permit as a result of being called to active duty. 23A-4-301(3) The Wildlife Board may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to administer this section including allowing retroactive refund to September 11, 2001.

23A-4-302 - Licenses for disabled veterans.

23A-4-302(1) The Wildlife Board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, under which a veteran with a disability may receive a hunting, fishing, or combination license free or at a reduced price. 23A-4-302(2) In making rules under this section, the Wildlife Board shall:

use the same guidelines for disability as the United States Department of Veterans Affairs; and provide at a minimum a reduction under this section of 25% of the full fee.

23A-4-303 - Persons residing in certain institutions may fish without license.

23A-4-303(1) The division shall permit a person to fish without a license if:

the person resides in:

the Utah State Developmental Center in American Fork; the state hospital; a veterans hospital; a veterans nursing home; a mental health center; an intermediate care facility for people with an intellectual disability; a group home licensed by the Department of Health and Human Services and operated under contract with the Division of Services for People with Disabilities; a group home or other community-based placement licensed by the Department of Health and Human Services and operated under contract with the Division of Juvenile Justice and Youth Services; a private residential facility for at-risk youth licensed by the Department of Health and Human Services; or another similar institution approved by the division; or the person is a youth who participates in a work camp operated by the Division of Juvenile Justice and Youth Services; the person is properly supervised by a representative of the institution described in Subsection (1)(a); and the institution described in Subsection (1)(a) obtains from the division a certificate of registration that specifies: the date and place where the person will fish; and the name of the institution’s representative who will supervise the person fishing. 23A-4-303(2) The institution described in Subsection (1) shall apply for the certificate of registration at least 10 days before the fishing outing. 23A-4-303(3) An institution that receives a certificate of registration authorizing at-risk youth to fish shall provide instruction to the youth on fishing laws and regulations. The division shall provide educational materials to the institution to assist the institution in complying with Subsection (3)(a).

23A-4-304 - Persons participating in youth organization or school activity may fish without license.

23A-4-304(1) As used in this section:

“School” means an elementary school or a secondary school that: is a public or private school located in the state; and provides student instruction for one or more years of kindergarten through grade 9. “Youth organization” means a local Utah chapter of: the Boy Scouts of America; the Girls Scouts of the USA; or an organization that:

is exempt from taxation under Section 501(c)(3), Internal Revenue Code; and promotes character building through outdoor activities. 23A-4-304(2) The division shall permit a person to fish without a license during a youth organization or school activity if:

the person is: a member of the youth organization; or a student enrolled in the school; and younger than 16 years old; the fishing is in compliance with the fishing statutes and rules; the activity is part of a recreational or instructional program of the youth organization or school; and an adult leader of the activity obtains from the youth organization or school: a valid tour permit; or documentation that specifies:

the date and place of the fishing activity; the name of the adult leader that will supervise the fishing; and that the activity is officially sanctioned or authorized by the youth organization or school. 23A-4-304(3) The adult leader shall: possess a valid Utah fishing or combination license; and instruct the activity participants on fishing statutes and rules. The division shall provide educational materials on the division’s website to assist the adult leader in complying with Subsection (3)(a). 23A-4-304(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board shall adopt rules specifying the form of the documentation required under Subsection (2)(d)(ii).

23A-4-305 - Persons with a physical or intellectual disability, terminally ill persons, and children in the custody of the state may fish for free.

23A-4-305(1) A resident who is blind, has paraplegia, or has another permanent disability so as to be permanently confined to a wheelchair or the use of crutches, or who has lost either or both lower extremities, may receive a free license to fish upon furnishing satisfactory proof of this fact to the division. 23A-4-305(2) A resident who has an intellectual disability and is not eligible under Section 23A-4-303 to fish without a license may receive a free license to fish upon furnishing verification from a physician or physician assistant that the person has an intellectual disability. 23A-4-305(3) A resident who is terminally ill, and has less than five years to live, may receive a free license to fish:

upon furnishing verification from a physician or physician assistant; and if the resident qualifies for assistance under a low income public assistance program administered by a state agency. 23A-4-305(4) A child placed in the custody of the state by a court order may receive a free fishing license upon furnishing verification of custody to the division.

23A-4-306 - Additional appropriation.

The division each year shall request the Legislature to appropriate from the General Fund in an appropriations act, for deposit in the Wildlife Resources Restricted Account, a sum equal to the total of the fees, as determined by the previous year’s license sales, that would have otherwise been collected for fishing licenses had full fees been paid by those 65 years old or older or those who received free fishing privileges under Section 23A-4-303 or 23A-4-305 .

Combined or Lifetime Licenses

23A-4-401 - Resident fishing and hunting license — Use of fee.

23A-4-401(1) A resident, after paying the fee established by the Wildlife Board, may obtain, as provided by the Wildlife Board’s rules, a combination license to:

fish; hunt for small game; hunt or trap cougar during a period beginning on January 1 and ending on December 31; and apply for or obtain a big game,, bear, or turkey hunting permit. 23A-4-401(2) Up to $1 of the combination license fee may be used for the hunter education program for any of the following:

instructor and student training; assisting local organizations with development; maintenance of existing facilities; or operation and maintenance of the hunter education program. 23A-4-401(3) Up to 50 cents of the combination license fee may be used for the upland game program to: acquire pen-raised birds; or capture and transplant upland game species. The combination license fee revenue designated for the upland game program by Subsection (3)(a) is in addition to combination license fee revenue that may be used for the upland game program as provided by Sections 23A-3-207 and 23A-3-208.

23A-4-402 - Lifetime hunting and fishing licenses.

23A-4-402(1) A lifetime licensee who is born after December 31, 1965, shall complete the hunter education requirements under Section 23A-4-1001 before engaging in hunting. 23A-4-402(2) A lifetime license remains valid if the residency of the lifetime licensee changes to another state or country. 23A-4-402(3) A lifetime license may be used in lieu of a hunting or fishing license. Each year, a lifetime licensee is entitled to receive without charge a permit and tag of the lifetime licensee’s choice for one of the following general season deer hunts: archery; rifle; or muzzleloader. A lifetime licensee is subject to each requirement for special hunting and fishing permits and tags, except as provided in Subsections (3)(a) and (b). 23A-4-402(4) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to carry out this section.

License Agents

23A-4-501 - Wildlife license agents.

23A-4-501(1) The director may designate wildlife license agents to sell licenses, permits, and tags. 23A-4-501(2) A wildlife license agent may:

sell a license, permit, or tag to an eligible applicant, except for a license, permit, or tag specified in Subsection 23A-4-503(2) which may be sold only by the division; and collect a fee for a license, permit, or tag sold. 23A-4-501(3) A wildlife license agent shall receive:

for a wildlife license, permit, or tag having a fee equal to $10orlessbutgreaterthan$1, 50 cents for a wildlife license, permit, or tag sold; and for a wildlife license, permit, or tag having a fee greater than $10, 5% of the fee. 23A-4-501(4) The division may require a wildlife license agent to obtain a bond in a reasonable amount. 23A-4-501(5) As directed by the division, a wildlife license agent shall: report the wildlife license agent’s sales to the division; and submit to the division the fees obtained from the sale of licenses, permits, and tags less the remuneration provided in Subsection (3). If a wildlife license agent fails to pay the amount due, the division may assess a penalty of 20% of the amount due. A delinquent payment shall bear interest at the rate of 1% per month. If the amount due is not paid because of bad faith or fraud, the division shall assess a penalty of 100% of the total amount due together with interest. Fees, except the remuneration provided in Subsection (3), shall: be kept separate from the private money of the wildlife license agents; and belong to the state. 23A-4-501(6) A wildlife license agent may not intentionally:

fail to date or misdate a license, permit, or tag; issue a hunting license or permit to an individual until that individual furnishes proof of successful completion of a division-approved hunter education course as provided in Section 23A-4-1001; or issue a furbearer license to an individual until that individual furnishes proof of successful completion of a division-approved furharvester education course as provided in Section 23A-4-1005.

23A-4-502 - Violations by a wildlife license agent — Criminal penalty.

23A-4-502(1) A person is guilty of an unlawful act if the actor:

fails to take an action required by Section 23A-4-501; or takes an action prohibited by Section 23A-4-501. 23A-4-502(2) Except as provided in Subsections (2)(b) and (c), a violation of Subsection (1) is a class B misdemeanor. A violation of Subsection (1) is a class A misdemeanor if the aggregate amount required under Subsection 23A-4-501(5)(a): is at least $1,000,butlessthan$10,000; is not submitted for one or more months; and remains uncollectable. A violation of Subsection (1) is a felony of the third degree if the aggregate amount required under Subsection 23A-4-501(5)(a): is $10,000 or more; is not submitted for one or more months; and remains uncollectable. 23A-4-502(3) A violation of Subsection (1) may be cause for revocation of the wildlife license agent authorization.

23A-4-503 - Licenses obtained from agents of division.

23A-4-503(1) A person may obtain a license provided for in the following sections from the division or one of the division’s authorized wildlife license agents:

Section 23A-4-401; Section 23A-4-601; Sections 23A-4-703 through 23A-4-707; and Section 23A-4-901. 23A-4-503(2) A person may obtain a license provided for in Section 23A-4-305, 23A-4-402, or 23A-4-802 only from the division.

Fishing

23A-4-601 - Fishing license.

23A-4-601(1) A person 12 years old or older shall purchase a fishing license before engaging in a regulated fishing activity. 23A-4-601(2) Upon paying the fee prescribed by the Wildlife Board, a person may obtain a license to fish and engage in a regulated fishing activity in accordance with the rules, proclamations, and orders of the Wildlife Board. 23A-4-601(3) A person under 12 years old may fish without a license in accordance with the rules, proclamations, and orders of the Wildlife Board.

23A-4-602 - Seining registration.

A person, upon application to the Wildlife Board, may be registered to seine.

Hunting

23A-4-701 - Trial hunting authorization.

23A-4-701(1) Upon application, the division may issue a trial hunting authorization to an individual who:

is 11 years old or older at the time of application; is eligible under state and federal law to possess a firearm and archery equipment; and was born after 1965; and has not completed a division approved hunter education course. 23A-4-701(2) Notwithstanding Section 23A-4-1001, an individual who obtains a trial hunting authorization under Subsection (1) may obtain:

a hunting license under Section 23A-4-401, 23A-4-706, or 23A-4-707; or a hunting permit authorized by the Wildlife Board under Subsection (4). 23A-4-701(3) An individual who obtains a hunting license or permit with a trial hunting authorization under Subsection (2) may use the license or permit if the individual is:

12 years old or older; and accompanied, as defined in Subsection 23A-4-708(1), in the field while hunting by an individual who: is 21 years old or older; is eligible under state and federal law to possess a firearm and archery equipment; possesses a current Utah hunting or combination license; has satisfied applicable hunter education requirements under this chapter; and possesses the written consent of the holder’s parent or legal guardian, if accompanying a holder of a trial hunting authorization who is under 18 years old. 23A-4-701(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules to:

designate the types of hunting permits under Subsection (2) that may be obtained with a trial hunting authorization; establish the term of a trial hunting authorization; establish the number of years a person may obtain a trial hunting authorization; prescribe the number of individuals using a trial hunting authorization that an individual may accompany in the field under Subsection (3) at a single time; establish the application process for an individual to obtain a trial hunting authorization; and administer and enforce this section.

23A-4-702 - Air rifle hunting.

23A-4-702(1) As used in this section, “pre-charged pneumatic air rifle” means a rifle that fires a single projectile with compressed air released from a chamber:

built into the rifle; and pressurized at a minimum of 2,000 pounds per square inch from an external high compression device or source, such as a hand pump, compressor, or scuba tank. 23A-4-702(2) An individual may use a pre-charged pneumatic air rifle to hunt:

a species of protected wildlife designated by the Wildlife Board; a cottontail rabbit; a snowshoe hare; or a turkey, with a fall turkey permit. 23A-4-702(3) The division shall review available funding to pay the costs of regulating hunting with pre-charged pneumatic air rifles, including eligibility for federal excise taxes, and report the division’s findings to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the November 2024 interim committee meeting.

23A-4-703 - Big game hunting permit.

23A-4-703(1) A person who is at least 12 years old may apply for or obtain a permit to hunt big game as provided by a rule or proclamation of the Wildlife Board upon:

paying the big game hunting permit fee established by the Wildlife Board; paying the fee established by Subsection (4); and possessing a valid hunting or combination license. 23A-4-703(2) A person who is 11 years old may apply for or obtain a big game hunting permit consistent with the requirements of Subsection (1) if that person’s 12th birthday falls within the calendar year for which the permit is issued. A person may not use a permit to hunt big game before the person’s 12th birthday. 23A-4-703(3) The division shall use one dollar of a big game permit fee collected from a resident for the hunter education program as provided in Section 23A-4-401. 23A-4-703(4) There is established a fee in the amount of $5 added to a permit under this section to be deposited in the Predator Control Restricted Account.

23A-4-704 - Bear hunting permit.

23A-4-704(1) A person 12 years old or older may apply for or obtain a permit to take bear as provided by a rule or proclamation of the Wildlife Board upon:paying the bear hunting permit fee established by the Wildlife Board; andpossessing a valid hunting or combination license. 23A-4-704(2) A person 11 years old may apply for or obtain a bear hunting permit consistent with the requirements of Subsection (1) if that person’s 12th birthday falls within the calendar year in which the permit is issued. 23A-4-704(3) The division shall use one dollar of a bear permit fee collected from a resident for the hunter education program.

23A-4-705 - Turkey hunting permit — Use of fee.

23A-4-705(1) A person may apply for or obtain a permit to take turkey as provided by a rule or proclamation of the Wildlife Board upon:

paying the turkey permit fee established by the Wildlife Board; and possessing a valid hunting or combination license. 23A-4-705(2) The division shall use one dollar of a turkey permit fee collected from a resident for the hunter education program.

23A-4-706 - Resident hunting license — Use of fee.

23A-4-706(1) A resident may obtain a hunting license after paying the fee established by the Wildlife Board. 23A-4-706(2) A hunting license authorizes the licensee to, according to this title and the Wildlife Board’s rules and proclamations:

take small game; hunt or trap cougar during a period beginning on January 1 and ending on December 31; and apply for or obtain a big game, bear, or turkey hunting permit. 23A-4-706(3) Up to $1 of the hunting license fee may be used for the hunter education program. 23A-4-706(4) Up to 50 cents of the hunting license fee may be used for the upland game program to: acquire pen-raised birds; or capture and transplant upland game species. The hunting license fee revenue designated for the upland game program by Subsection (4)(a) is in addition to hunting license fee revenue that may be used for the upland game program as provided by Sections 23A-3-207 and 23A-3-208.

23A-4-707 - Nonresident hunting license — Use of fee.

23A-4-707(1) A nonresident may obtain a hunting license after paying the fee established by the Wildlife Board. 23A-4-707(2) A hunting license authorizes the licensee to, according to this title and the Wildlife Board’s rules and proclamations:

take small game; hunt or trap cougar during a period beginning on January 1 and ending on December 31; and apply for or obtain a big game, bear, or turkey hunting permit. 23A-4-707(3) Up to 50 cents of the hunting license fee may be used for the upland game program to: acquire pen-raised birds; or capture and transplant upland game species. The hunting license fee revenue designated for the upland game program by Subsection (3)(a) is in addition to hunting license fee revenue that may be used for the upland game program as provided by Sections 23A-3-207 and 23A-3-208.

23A-4-708 - Children accompanied by adults while hunting with weapon.

23A-4-708(1) As used in this section:

“Accompanied” means at a distance within which visual and verbal communication is maintained for the purposes of advising and assisting. “Electronic device” means a mechanism powered by electricity that allows communication between two or more people. “Electronic device” includes a mobile telephone or two-way radio. “Verbal communication” means the conveyance of information through speech that does not involve an electronic device. 23A-4-708(2) A person younger than 14 years old who is hunting with a weapon shall be accompanied by:

the person’s parent or legal guardian; or a responsible person who is at least 21 years old and who is approved by the person’s parent or guardian. 23A-4-708(3) A person younger than 16 years old who is hunting big game with a weapon shall be accompanied by:

the person’s parent or legal guardian; or a responsible person who is at least 21 years old and who is approved by the person’s parent or guardian. 23A-4-708(4) A person who is at least 14 years old but younger than 16 years old shall be accompanied by a person who is at least 21 years old while hunting wildlife, other than big game, with a weapon.

23A-4-709 - Tagging requirements.

23A-4-709(1) The Wildlife Board may make rules that require the carcass of certain species of protected wildlife to be tagged. 23A-4-709(2) Except as provided by the Wildlife Board by rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a hunter who lawfully killed the animal shall tag the carcass of a species of protected wildlife required to be tagged before the carcass is moved from or the hunter leaves the site of kill. 23A-4-709(3) To tag a carcass, a person shall:completely detach the tag from the license or permit;completely remove the appropriate notches to correspond with:the date the animal was taken; andthe sex of the animal; andattach the tag to the carcass so that the tag remains securely fastened and visible; orcomplete an electronic tagging certification according to standards approved by the Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 23A-4-709(4) A person may not:remove more than one notch indicating date or sex; ortag more than one carcass using the same tag.

23A-4-710 - Hunting Mentor Program.

23A-4-710(1) As used in this section, “immediate family member” means a spouse, child, parent, sibling, grandparent, grandchild, parent-in-law, child-in-law, sibling-in-law, or stepchild. 23A-4-710(2) A resident or nonresident minor under 18 years old may use the hunting permit of another person if:

the permit holder: receives no form of compensation or remuneration for allowing the minor to use the permit; obtains the division’s prior written approval to allow the minor to use the permit; and accompanies the minor, for the purposes of advising and assisting during the hunt, at a distance where the permit holder can communicate with the minor, in person, by voice or visual signals; and the minor is otherwise legally eligible to hunt. 23A-4-710(3) If the permit holder dies before the hunt authorized by the permit described in this section, the minor may use the permit if the minor is:

an immediate family member of the permit holder; and accompanied by an adult immediate family member while using the permit. 23A-4-710(4) This section does not convey any property interest. 23A-4-710(5) The Wildlife Board shall issue a permit in accordance with this chapter.

23A-4-711 - Private landowner vouchers.

23A-4-711(1) As used in this section:“Applicant” means a person who:holds a fee simple ownership interest in at least 640 contiguous acres but not more than 8,999 contiguous acres of private land in Utah within a limited entry elk unit; andhas submitted an application to the division to participate in a landowner draw to hunt bull elk.”Block” means 640 contiguous acres that are not excluded under Subsection (2).”Voucher” means an authorization issued by the division that entitles a person to purchase a bull elk permit valid for the private land submitted in the application. 23A-4-711(2) An applicant may enter an annual landowner draw for a bull elk voucher for every complete block owned by the applicant.The private land that is the basis for determining whether there is a block for an application to qualify for a landowner draw shall have at least one common owner throughout the private land.In order for an applicant to qualify for a landowner draw, all the owners of the private land described in Subsection (2)(b) shall agree to the applicant applying for a landowner draw.Multiple applicants may not submit an application for the same block and the division may reject all applications for a block if more than one application is received for a single block.The following private land is not eligible for purposes of determining a block:private land within a cooperative wildlife management unit under Chapter 7, Cooperative Wildlife Management Units; orprivate land within a landowners association program established by the Wildlife Board in accordance with Section 23A-4-712. 23A-4-711(3) The division shall determine the number of vouchers in a bull elk landowner draw under this section by allocating an additional 5% of the total number of limited entry bull permits available in the public draw within a limited entry elk unit.The division shall allocate:50% of the vouchers in a landowner draw to applicants with at least 4,000 contiguous acres but not more than 8,999 contiguous acres; and50% of the vouchers in the landowner draw to applicants with at least 640 contiguous acres but less than 4,000 contiguous acres.If there is an odd number of vouchers in a landowner draw, the division shall allocate the one extra voucher to:applicants described in Subsection (3)(b)(i) in years ending in odd numbers; andapplicants described in Subsection (3)(b)(ii) in years ending in even numbers.If a limited entry elk unit only has only one voucher available for the bull elk landowner draw described in Subsection (3)(a), the division shall allocate that voucher to an applicant with acreage of at least 640 contiguous acres but not more than 3,999 contiguous acres of private land. 23A-4-711(4) To qualify as an applicant under Subsection (2), a person shall obtain approval of the information described in Subsection (4)(b) by the division.To seek approval, a person shall file an application with the division that includes:the name of the person;the date of the application;the number of blocks in which the person holds an ownership interest;proof of the ownership interest in the private land for which the person is seeking a voucher;proof of the number of contiguous acres owned by the person within a limited entry elk unit; andthe location of the private land for which the person is seeking a voucher.The division shall:review an application; andverify that property submitted in an application is capable of harboring bull elk during the hunting season described in Subsection (5)(b).Once a person is approved as an applicant for a landowner draw, the applicant is automatically approved each year and does not need to reapply unless there is a change in land ownership, acreage, or habitat quality that would affect the person’s level of participation in the landowner draw. If there is a change in ownership or acreage, the person shall file the information required under Subsection (4)(b) to be eligible for the next landowner draw. 23A-4-711(5) An individual may redeem a voucher to obtain a permit to hunt bull elk:if the individual is the applicant or is an individual to whom the applicant sells, donates, or otherwise transfers the voucher; andconditioned on the individual:being otherwise authorized to hunt big game under this title; andonly hunting under that permit on the contiguous acres of private land owned by the applicant within a limited entry elk unit.An individual who hunts on the applicant’s private land pursuant to a voucher redeemed under Subsection (5)(a) may:hunt with one type of legal weapon, as defined by the Wildlife Board by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; andhunt during one of the corresponding season dates for the type of legal weapon used by the individual that is established by the Wildlife Board for a bull elk hunt on the corresponding limited entry elk unit. 23A-4-711(6) Except as provided in Subsection (6)(f), an applicant that qualifies for a landowner draw under Subsections (2) through (5) and who owns at least 4,000 contiguous acres of private land but not more than 8,999 contiguous acres of private land within a limited entry elk unit may qualify for up to an additional two bull elk vouchers annually that are determined by the division based on Subsection (4)(c)(ii) and rules for criteria made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.An individual may redeem a voucher obtained under this Subsection (6) in accordance with Subsection (5).An applicant described in Subsection (6)(a) may sell, donate, or otherwise transfer a voucher received under Subsection (6)(a).A voucher under this Subsection (6) is in addition to and not taken from the 5% additional bull elk permits that are designated for the landowner draw under Subsection (3).An applicant that receives a voucher under this Subsection (6) may also enter a landowner draw for a bull elk voucher in accordance with Subsection (2).The division may eliminate or reduce the number of vouchers issued to an applicant under Subsection (6)(a) for any year in which the average age of the harvested bull elk in the limited entry elk unit where the voucher applies is lower than the age objective in the applicable elk management plan. The elimination or reduction of vouchers under this Subsection (6)(f) applies until the average age of the harvested bull elk for that limited entry elk unit in a year equals or exceeds the age objective in the applicable elk management plan.The division shall review a voucher issued under Subsection (6)(a) every three years to determine if the correct number of vouchers are being issued based on Subsection (4)(c)(ii) and rules described in Subsection (6)(a).This Subsection (6) does not apply to land or a landowner within a limited entry elk unit that has a landowners association on May 7, 2025, or that is a member of a landowners association on May 7, 2025.This Subsection (6) does not apply to land or a landowner that has the option of joining a cooperative wildlife management unit or who is in a cooperative wildlife management unit that is issued a certificate of registration before May 7, 2025. 23A-4-711(7) During the fiscal year in which an applicant receives a bull elk voucher, the applicant may not receive a depredation bull elk permit or submit a claim for compensation for wildlife damage to the applicant’s private land within the limited entry elk unit. 23A-4-711(8) An individual who redeems a voucher under this section shall comply with the other applicable provisions of this title and rules or proclamations of the Wildlife Board. 23A-4-711(9) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to administer this section.Notwithstanding Subsection (9)(a), a rule made by the Wildlife Board shall be consistent with this section.

23A-4-712 - Landowners association program.

23A-4-712(1) As used in this section:“Landowners association” means an organization consisting of private landowners working with the division to implement this section and whose land:provides habitat for deer, elk, or pronghorn as determined by the division; andis not enrolled in another private lands permit program.”Voucher” means an authorization issued by the division to a landowner that entitles the landowner or a permitted transferee of the landowner to purchase a permit from the division. 23A-4-712(2) The landowners association program under this section:provides an incentive for a private landowner to manage the private landowner’s land as quality habitat for public wildlife;assists and supports the division in managing big game populations;increases private landowner tolerance of big game on the private landowner’s private land;increases big game hunting opportunities;increases and secures public hunting access on a participating landowner’s private land;reduces the division’s obligations in responding to and compensating for depredation events occurring on private lands;uses objective criteria to determine how hunting opportunities are allocated to the landowners association program; andallocates hunting opportunities in a manner that fluctuates in proportion to variations in public draw permits. 23A-4-712(3) A landowners association may not be established or operate without first obtaining a certificate of registration from the Wildlife Board. 23A-4-712(4) The division shall establish the number of limited entry landowners association program vouchers available on an annual basis by:identifying the total number of public draw permits in a limited entry unit for the previous hunt year;identifying the total acreage of private land in a limited entry unit enrolled in the landowners association;calculating the percentage of habitat of a big game species in the landowners association by dividing the habitat acreage represented by the landowners association by the habitat acreage in the whole limited entry unit; andapplying the percentage described in Subsection (4)(a)(iii) to the total number of available public draw permits from the previous year to determine the number of limited entry landowners association program vouchers to be allocated to the landowners association.The division shall round numbers when determining permit numbers by rounding down when the number is .49 or less and rounding up when the number is .50 or greater.An approved landowners association that qualifies for less than one voucher under Subsection (4)(a) does not receive a voucher under Subsection (4)(a), but shall annually receive one voucher in accordance with Subsection (4)(d).The division shall annually allocate one additional voucher to each landowners association described in Subsection (4)(a) or (c). 23A-4-712(5) A landowner participating in the landowners association program may not submit a claim for compensation for wildlife damage under Chapter 8, Part 4, Damage by Big Game, to the landowner’s private land that is enrolled in the landowners association program. 23A-4-712(6) The Wildlife Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce rules applicable to the landowners association program organized for the hunting of big game that in the Wildlife Board’s judgment are necessary to administer and enforce this section.

Falconry

23A-4-801 - Falconry certificate of registration — Residents 12 or older may obtain certificate of registration — License for falconry meet for nonresidents — Wildlife Board approval required for falconry meet — Hunting license required to take protected game.

23A-4-801(1) A resident 12 years old or older may obtain a certificate of registration to hold falcons and engage in the sport of falconry on nongame wildlife species upon application to the division. 23A-4-801(2) A nonresident entering Utah to participate in the sport of falconry at an organized meet shall obtain a license as provided in Section 23A-4-802. 23A-4-801(3) Organizers of a falconry meet shall apply to and receive approval from the Wildlife Board to conduct an organized falconry meet. 23A-4-801(4) A person engaging in the sport of falconry on protected small game species shall possess, in addition to the falconry certificate of registration, a hunting license. A nonresident who has been issued a license pursuant to Section 23A-4-802 is not required to possess a hunting license to take small game during the five-day period of the license.

23A-4-802 - Nonresident falconry meet license.

23A-4-802(1) A nonresident 12 years old or older may participate in a falconry meet in this state upon payment of a fee prescribed by the Wildlife Board. 23A-4-802(2) A nonresident falconry meet license is valid only for five consecutive days, the dates to be designated on the license. The holder of the license may engage in the sport of falconry on nongame wildlife species and small game species during the specified five-day period.

Furbearer License or Registration

23A-4-901 - Furbearer license — Resident or nonresident.

A resident or nonresident may receive a license to take furbearers upon payment of the fee prescribed by the Wildlife Board.

23A-4-902 - Resident fur dealer registration.

A resident may be registered as a fur dealer upon application to the Wildlife Board.

23A-4-903 - Nonresident fur dealer registration.

A nonresident may be registered as a fur dealer upon application to the Wildlife Board.

23A-4-904 - Registration of fur dealer’s agent.

A person who is employed by a fur dealer as a fur buyer in the field may be registered as a fur dealer’s agent upon application to the Wildlife Board.

23A-4-905 - Fur dealer and fur dealer’s agent — Certificates of registration required — Receipts required.

23A-4-905(1) A person engaging in, carrying on, or conducting, wholly or in part, the business of buying, selling, trading, or dealing, within the state, in the skins or pelts of furbearing mammals is considered a fur dealer within the meaning of this title. A fur dealer shall secure a fur dealer certificate of registration from the division, except a certificate of registration is not required for: a licensed trapper or fur farmer selling skins or pelts that the licensed trapper or fur farmer has lawfully taken or raised; or a person who is not a fur dealer and who purchases skins or pelts described in Subsection (1)(b)(i) exclusively for the person’s own use and not for sale. 23A-4-905(2) A person who is employed by a resident or nonresident fur dealer as a fur buyer, in the field, is considered a fur dealer’s agent. The fur dealer employing an agent shall apply for a fur dealer’s agent certificate of registration, and an agent certificate of registration may not be issued until the necessary fur dealer certificate of registration has been first secured by the employer of the agent. 23A-4-905(3) The vendor shall issue a receipt to the vendee whenever the skins or pelts of furbearing mammals change ownership by virtue of sale, exchange, barter, or gift. Both the vendor and vendee shall produce the receipt or evidence of legal transaction upon request by the division or other person authorized to enforce this title.

Education

23A-4-1001 - Hunter education required.

23A-4-1001(1) Except as provided in Section 23A-4-701, an individual born after December 31, 1965, may not acquire or possess a hunting license or permit unless the individual has successfully completed a division-approved hunter education course. A division-approved hunter education course shall include education concerning the importance of gates and fences used in agriculture and how to properly close a gate. 23A-4-1001(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules establishing:

criteria and standards for approving a hunter education course, including a course offered in another state or country; and procedures for verifying and documenting that an individual seeking a hunting license or permit has successfully completed a division-approved hunter education course.

23A-4-1002 - Hunter education practical shooting test — Exemptions.

23A-4-1002(1) Except as provided in Subsection (2), the Wildlife Board may require that the division-approved hunter education course required by Section 23A-4-1001 include a practical shooting test. 23A-4-1002(2) A member of the United States Armed Forces, including the Utah National Guard, is exempt from a practical shooting test that may be required under Subsection (1) if the member has passed firearms training in the United States Armed Forces or Utah National Guard. 23A-4-1002(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules establishing firearms test verification requirements.

23A-4-1003 - Instruction in hunter education — Issuance of certificate of competency.

23A-4-1003(1) The division shall provide for an individual interested in obtaining an instructor’s certificate in hunter education a course of instruction in:

the safe handling of firearms; conservation; hunting ethics; information required by Subsection 23A-4-1001(1)(b); and related subject matter. 23A-4-1003(2) A certified instructor may, on a voluntary basis, give instruction in the course of hunter education, as established by the division, to eligible persons. The division shall issue a certificate of competency in hunter education upon the successful completion of the course.

23A-4-1004 - Instruction in bow hunter education — Issuance of certificate of completion.

23A-4-1004(1) The division shall establish criteria for a bow hunter education course, which may be offered by an entity that meets the division’s criteria. 23A-4-1004(2) The bow hunter education course shall include instruction in:

the safe use of bow hunting equipment; fundamentals of bow hunting; shooting and hunting techniques; and hunter ethics. 23A-4-1004(3) The division shall issue a certificate of completion to a participant upon successful completion of a bow hunter education course which meets the requirements of this section and criteria established by the division.

23A-4-1005 - Proof of furharvester education required.

23A-4-1005(1) A resident born after December 31, 1984, may not acquire or possess a furbearer license unless the individual has successfully completed a division-approved furharvester education course. 23A-4-1005(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules establishing:

criteria and standards for approving a furharvester education course, including a course offered in another state or country; and procedures for verifying and documenting that an individual seeking a furbearer license has successfully completed a division-approved furharvester education course.

23A-4-1006 - Instruction in furharvester education — Issuance of certificate of completion.

23A-4-1006(1) The division shall provide a course of instruction in safe and responsible trapping, including instruction in:

the use of trapping devices; trapping laws; trapping ethics; techniques in safely releasing nontarget animals; firearms safety; wildlife management; proper catch handling; trapper health and safety; and ethics relating to the avoidance of conflicts with other public land users and private landowners. 23A-4-1006(2) A certified instructor may, on a voluntary basis, give instruction in the course of furharvester education, as established by the division. Upon the successful completion of the course, the division shall issue to the participant in the furharvester education course a certificate of completion in furharvester education.

23A-4-1007 - Hunter and furharvester education training — Fee.

The Wildlife Board shall establish the fees to be assessed for obtaining instruction in hunter education and furharvester education.

Violations and Enforcement

23A-4-1101 - Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or certificate of registration — Criminal penalty.

23A-4-1101(1) A person may not:

obtain or attempt to obtain a license, permit, tag, or certificate of registration by fraud, deceit, or misrepresentation; if a nonresident, purchase a resident license; and if a resident, purchase a nonresident license. 23A-4-1101(2) A person violating Subsection (1) is guilty of a class B misdemeanor. 23A-4-1101(3) A license, permit, certificate of registration, or tag obtained in violation of Subsection (1) is invalid. 23A-4-1101(4) A fraudulent claim of residency in another state or country does not exempt a person from the definition of resident in Section 23A-1-101.

23A-4-1102 - Issuance of license, permit, or tag prohibited for failure to pay child support.

23A-4-1102(1) As used in this section:“Child support” means the same as that term is defined in Section 26B-9-101.”Delinquent on a child support obligation” means that:an individual owes at least $2,500 on an arrearage obligation of child support based on an administrative or judicial order;the individual has not obtained a judicial order staying enforcement of the individual’s obligation on the amount in arrears; andthe office has obtained a statutory judgment lien pursuant to Section 26B-9-214.”Office” means the Office of Recovery Services created in Section 26B-9-103.”Wildlife license agent” means a person authorized under Section 23A-4-501 to sell a license, permit, or tag in accordance with this chapter. 23A-4-1102(2) An individual who is delinquent on a child support obligation may not apply for, obtain, or attempt to obtain a license, permit, or tag required under this title, by rule made by the Wildlife Board under this title, or by an order or proclamation.An individual who applies for, obtains, or attempts to obtain a license, permit, or tag in violation of Subsection (2)(a) violates Section 23A-4-1101.A license, permit, or tag obtained in violation of Subsection (2)(a) is invalid.An individual who takes protected wildlife with an invalid license, permit, or tag violates Section 23A-5-309. 23A-4-1102(3) The license, permit, and tag restrictions in Subsection (2)(a) remain effective until the office notifies the division that the individual who is delinquent on a child support obligation has:paid the delinquency in full; orexcept as provided in Subsection (3)(d), complied for at least 12 consecutive months with a payment schedule entered into with the office.A payment schedule under Subsection (3)(a) shall provide that the individual:pay the current child support obligation in full each month; andpays an additional amount as assessed by the office pursuant to Section 26B-9-219 towards the child support arrears.Except as provided in Subsection (3)(d), if an individual fails to comply with the payment schedule described in Subsection (3)(b), the office may notify the division and the individual is considered to be an individual who is delinquent on a child support obligation and cannot obtain a new license, permit, or tag without complying with this Subsection (3).If an individual fails to comply with the payment schedule described in Subsection (3)(b) for one month of the 12-month period because of a transition to new employment, the individual may obtain a license, permit, or tag and is considered in compliance with this Subsection (3) if the individual:provides the office with information regarding the individual’s new employer within 30 days from the day on which the missed payment was due;pays the missed payment within 30 days from the day on which the missed payment was due; andcomplies with the payment schedule for all other payments owed for child support within the 12-month period. 23A-4-1102(4) The division or a wildlife license agent may not knowingly issue a license, permit, or tag under this title to an individual identified by the office as delinquent on a child support obligation until notified by the office that the individual has complied with Subsection (3).The division is not required to hold or reserve a license, permit, or tag opportunity withheld from an individual pursuant to Subsection (4)(a) for purposes of reissuance to that individual upon compliance with Subsection (3).The division may immediately reissue to another qualified person a license, permit, or tag opportunity withheld from an individual identified by the office as delinquent on a child support obligation pursuant to Subsection (4)(a). 23A-4-1102(5) The office and division shall automate the process for the division or a wildlife license agent to be notified whether an individual is delinquent on a child support obligation or has complied with Subsection (3). 23A-4-1102(6) The office is responsible to provide administrative or judicial review required incident to the division issuing or denying a license, permit, or tag to an individual under Subsection (4). 23A-4-1102(7) The denial or withholding of a license, permit, or tag under this section is not a suspension or revocation of license and permit privileges for purposes of:Section 23A-4-1106;Subsection 23A-5-311(1); andSection 23A-2-505. 23A-4-1102(8) This section does not modify a court action to withhold, suspend, or revoke a recreational license under Sections 26B-9-108 and 78B-6-315.

23A-4-1103 - Imitating or counterfeiting license unlawful — Criminal penalty.

23A-4-1103(1) A person may not imitate or counterfeit a license, permit, tag, or certificate of registration for the purpose of defrauding the state or for evading the purposes and provisions of this title. 23A-4-1103(2) A person who violates this section is guilty of a class A misdemeanor.

23A-4-1104 - Violation of hunter education requirements — Criminal penalty.

23A-4-1104(1) An individual may not obtain, attempt to obtain, or possess a hunting license or permit in violation of the hunter education requirements in Subsection 23A-4-1001(1). 23A-4-1104(2) An individual who violates Subsection (1) is guilty of a class B misdemeanor. 23A-4-1104(3) A hunting license or permit obtained or possessed in violation of Section 23A-4-1101 is invalid.

23A-4-1105 - Violation of furharvester education requirements — Criminal penalty.

23A-4-1105(1) An individual may not obtain, attempt to obtain, or possess a furbearer license in violation of the furharvester education requirements in Subsection 23A-4-1005(1). 23A-4-1105(2) An individual who violates Subsection (1) is guilty of a class B misdemeanor. 23A-4-1105(3) A furbearer license or permit obtained or possessed in violation of this section is invalid.

23A-4-1106 - Suspension of license or permit privileges — Suspension of certificates of registration.

23A-4-1106(1) As used in this section:“License or permit privileges” means the privilege of applying for, purchasing, and exercising the benefits conferred by a license or permit issued by the division.”Livestock guardian dog” means the same as that term is defined in Section 76-6-111. 23A-4-1106(2) A hearing officer, appointed by the division, may suspend a person’s license or permit privileges if:in a court of law, the person:is convicted of:violating this title or a rule of the Wildlife Board;killing or injuring domestic livestock or a livestock guardian dog while engaged in an activity regulated under this title;violating Section 76-6-111; orviolating Section 76-11-209 while engaged in an activity regulated under this title;enters into a plea in abeyance agreement, in which the person pleads guilty or no contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; oris charged with committing an offense listed in Subsection (2)(a)(i), and the person enters into a diversion agreement which suspends the prosecution of the offense; andthe hearing officer determines the person committed the offense intentionally, knowingly, or recklessly, as defined in Section 76-2-103. 23A-4-1106(3) The Wildlife Board shall make rules establishing guidelines that a hearing officer shall consider in determining:the type of license or permit privileges to suspend; andthe duration of the suspension.The Wildlife Board shall ensure that the guidelines established under Subsection (3)(a) are consistent with Subsections (4), (5), and (6). 23A-4-1106(4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a person’s license or permit privileges according to Subsection (2) for a period of time not to exceed:seven years for:a felony conviction;a plea of guilty or no contest to an offense punishable as a felony, which plea is held in abeyance pursuant to a plea in abeyance agreement; orbeing charged with an offense punishable as a felony, the prosecution of which is suspended pursuant to a diversion agreement;five years for:a class A misdemeanor conviction;a plea of guilty or no contest to an offense punishable as a class A misdemeanor, which plea is held in abeyance pursuant to a plea in abeyance agreement; orbeing charged with an offense punishable as a class A misdemeanor, the prosecution of which is suspended pursuant to a diversion agreement;three years for:a class B misdemeanor conviction;a plea of guilty or no contest to an offense punishable as a class B misdemeanor when the plea is held in abeyance according to a plea in abeyance agreement; orbeing charged with an offense punishable as a class B misdemeanor, the prosecution of which is suspended pursuant to a diversion agreement; andone year for:a class C misdemeanor conviction;a plea of guilty or no contest to an offense punishable as a class C misdemeanor, when the plea is held in abeyance according to a plea in abeyance agreement; orbeing charged with an offense punishable as a class C misdemeanor, the prosecution of which is suspended according to a diversion agreement. 23A-4-1106(5) The hearing officer may double a suspension period established in Subsection (4) for offenses:committed in violation of an existing suspension or revocation order issued by the courts, division, or Wildlife Board; orinvolving the unlawful taking of a trophy animal, as defined in Section 23A-1-101. 23A-4-1106(6) A hearing officer may suspend, according to Subsection (2), a person’s license or permit privileges for a particular license or permit only once for each single criminal episode, as defined in Section 76-1-401.If a hearing officer addresses two or more single criminal episodes in a hearing, the suspension periods of license or permit privileges of the same type suspended, according to Subsection (2), may run consecutively.If a hearing officer suspends, according to Subsection (2), license or permit privileges of the type that have been previously suspended by a court, a hearing officer, or the Wildlife Board and the suspension period has not expired, the suspension periods may run consecutively. 23A-4-1106(7) A hearing officer, appointed by the division, may suspend a person’s privilege of applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:the hearing officer determines the person intentionally, knowingly, or recklessly, as defined in Section 76-2-103, violated:this title;a rule or order of the Wildlife Board;the terms of a certificate of registration; orthe terms of a certificate of registration application or agreement; orthe person, in a court of law:is convicted of an offense that the hearing officer determines bears a reasonable relationship to the person’s ability to safely and responsibly perform the activities authorized by the certificate of registration;pleads guilty or no contest to an offense that the hearing officer determines bears a reasonable relationship to the person’s ability to safely and responsibly perform the activities authorized by the certificate of registration, and the plea is held in abeyance in accordance with a plea in abeyance agreement; oris charged with an offense that the hearing officer determines bears a reasonable relationship to the person’s ability to safely and responsibly perform the activities authorized by the certificate of registration, and prosecution of the offense is suspended in accordance with a diversion agreement.A hearing officer shall suspend a certificate of registration for the harvesting of brine shrimp eggs, as defined in Section 59-23-3, if the hearing officer determines the holder of the certificate of registration has violated Section 59-23-5. 23A-4-1106(8) The director shall appoint a qualified person as a hearing officer to perform the adjudicative functions provided in this section.The director may not appoint a division employee who investigates or enforces wildlife violations. 23A-4-1106(9) The courts may suspend, in criminal sentencing, a person’s privilege to apply for, purchase, or exercise the benefits conferred by a license, permit, or certificate of registration.The courts shall promptly notify the division of suspension orders or recommendations entered.The division, upon receiving notification of suspension from the courts, shall prohibit the person from applying for, purchasing, or exercising the benefits conferred by a license, permit, or certification of registration for the duration and of the type specified in the court order.The hearing officer shall consider a recommendation made by a sentencing court concerning suspension before issuing a suspension order. 23A-4-1106(10) Before suspension under this section, the division shall give a person:written notice of action the division intends to take; andan opportunity for a hearing. 23A-4-1106(11) A person may file an appeal of a hearing officer’s decision with the Wildlife Board.The Wildlife Board shall review the hearing officer’s findings and conclusions and any written documentation submitted at the hearing.The Wildlife Board may:take no action;vacate or remand the decision; oramend the period or type of suspension. 23A-4-1106(12) The division shall suspend and reinstate all hunting, fishing, trapping, and falconry privileges consistent with Chapter 2, Part 5, Wildlife Violator Compact. 23A-4-1106(13) Within 30 days after the day on which an individual’s privilege to hunt or fish is suspended under this title, the division shall report to the Division of Professional Licensing the:identifying information for the individual; andtime period of the suspension. 23A-4-1106(14) The Wildlife Board may make rules to implement this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

23A-4-1107 - Violation of suspension — Criminal penalty.

23A-4-1107(1) A person may not apply for, purchase, possess, or attempt to exercise the benefits conferred by a permit, license, or certificate of registration specified in an order of suspension while that order is in effect. 23A-4-1107(2) A person who violates Subsection (1) is guilty of a class B misdemeanor. 23A-4-1107(3) A license possessed or obtained in violation of the order is invalid.

23A-4-1108 - Court-ordered action against a license.

The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this chapter if so ordered by a court.

23A-4-1109 - Warrant outstanding or failure to comply with citation — Person not entitled to license, permit, tag, or certificate.

23A-4-1109(1) A person may not purchase a license, permit, tag, or certificate of registration if:

there is an outstanding Utah warrant against the person for failure to appear in answer to a summons for a violation of: this title; or a rule, proclamation, or order of the Wildlife Board; or the person fails to comply with a wildlife citation in a state which is a party to the Wildlife Violator Compact set forth in Chapter 2, Part 5, Wildlife Violator Compact. 23A-4-1109(2) The division may allow a person referred to in Subsection (1) to purchase a license, permit, tag, or certificate of registration if satisfactory proof is given that:

the warrant is no longer outstanding; or the person has complied with the wildlife citation.

23A-4-1110 - Invalid and forfeited permit or tag.

23A-4-1110(1) With each issued permit or tag, a person may take only one of a species of protected wildlife 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. 23A-4-1110(2) If a person kills an animal in violation of this title, while attempting to exercise the benefits of an issued permit or tag, the permit or tag is invalid and the person shall forfeit the permit or tag to the division.This Subsection (2) does not apply if:a citation is issued for a rule violation described in Subsection (2)(a); ora warning citation for a violation described in Subsection (2)(a) is issued. 23A-4-1110(3) The division may grant a season extension to a valid, unfilled permit opportunity that was invalidated and forfeited under Subsection (2) if:the criminal charges associated with the permit forfeiture are dismissed, with prejudice, by action of the prosecutor or court, or acquittal of the charges at trial;the person issued the 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 permit forfeiture;the season extension is granted for the same species and sex, hunt unit, and season dates associated with the forfeited permit, as established by the Wildlife Board in the hunt year of the extension; andthe extension occurs in the first season immediately following dismissal of or acquittal on the criminal charges described in Subsection (3)(a).

Guide, Outfitter, and Spotter

23A-4-1201 - Definitions.

23A-4-1201(1) “Compensation” means anything of economic value in excess of $100 that is paid, loaned, granted, given, donated, or transferred to a guide, outfitter, or spotter for or in consideration of a service, material, or property. 23A-4-1201(2) “Guide” means an individual who offers or provides guide services on public lands for compensation. 23A-4-1201(3) “Guide services” means to guide, lead, or assist an individual in hunting protected wildlife. 23A-4-1201(4) “Hunting” means to locate, pursue, chase, catch, capture, trap, or kill protected wildlife.”Hunting” includes fishing. 23A-4-1201(5) “Outfitter” means an individual who offers or provides outfitting or guide services for compensation to another individual for hunting protected wildlife on public lands. 23A-4-1201(6) “Outfitting services” means, for hunting protected wildlife on public lands, providing:transportation of people, equipment, supplies, protected wildlife to or from a location;cooking for the participants hunting, including fishing;packing, protecting, or supervising services; orguide services.”Outfitting services” does not include an activity undertaken by the division or a division employee, associate, volunteer, contractor, or agent under authority granted in this title. 23A-4-1201(7) “Public lands” means any lands owned by the United States, the state, or a political subdivision or independent entity of the state that are open to the public for purposes of engaging in a wildlife related activity.”Public lands” does not include lands owned by the United States, the state, or a political subdivision or independent entity of the state that are included in a cooperative wildlife management unit under Subsection 23A-7-204(6) so long as the guiding and outfitting services furnished by the cooperative wildlife management unit are limited to hunting species of wildlife specifically authorized by the division in the unit’s management plan. 23A-4-1201(8) “Retain” or “retained” means a written or oral agreement for the delivery of guide services or outfitter services between a guide or outfitter and the recipient of those services. 23A-4-1201(9) “Spotter” means an individual compensated by a guide or outfitter to locate or monitor the location of protected wildlife on public land.

23A-4-1202 - Registration as guide, outfitter, or spotter — Rulemaking.

23A-4-1202(1) Beginning July 1, 2025, to provide the services of a guide, outfitter, or spotter an individual is required to annually obtain a certificate of registration with the division under this part. 23A-4-1202(2) The division shall issue to an individual who qualifies under this part a certificate to operate as a:guide;outfitter; orspotter. 23A-4-1202(3) The division shall maintain a record of each individual who is registered with the division under this part. 23A-4-1202(4) To register as a guide, a resident shall:submit an application in a form prescribed by the division, subject to rules of the Wildlife Board;have the appropriate hunting or fishing license under this chapter to engage in the activity for which the guide provides guide services; andpay an annual registration fee of:$250iftheresidentprovidesguideservicesrelatedtothehuntingofbiggameorbear;or$175 if the resident only provides guide services related to the hunting, including fishing, of protected wildlife other than big game or bear.To register as a guide, a nonresident shall:submit an application in a form prescribed by the division, subject to rules of the Wildlife Board;have the appropriate hunting or fishing license under this chapter to engage in the activity for which the guide provides guide services; andpay an annual registration fee of:$750ifthenonresidentprovidesguideservicesrelatedtothehuntingofbiggameorbear;or$500 if the nonresident only provides guide services related to the hunting, including fishing, of protected wildlife other than big game or bear. 23A-4-1202(5) To register as an outfitter, a resident shall:submit an application in a form prescribed by the division, subject to rules of the Wildlife Board;have the appropriate hunting or fishing license under this chapter to engage in the activity for which the outfitter provides outfitter services; andpay an annual registration fee of:$500iftheresidentprovidesservicesrelatedtothehuntingofbiggameorbear;or$350 if the resident only provides services related to the hunting, including fishing, of protected wildlife other than big game or bear.To register as an outfitter, a nonresident shall:submit an application in a form prescribed by the division, subject to rules of the Wildlife Board;have the appropriate hunting or fishing license under this chapter to engage in the activity for which the outfitter provides outfitter services; andpay an annual registration fee of:$1,500ifthenonresidentprovidesservicesrelatedtothehuntingofbiggameorbear;or$1,000 if the nonresident only provides services related to the hunting, including fishing, of protected wildlife other than big game or bear. 23A-4-1202(6) To register as a spotter, a resident shall:submit an application in a form prescribed by the division, subject to rules of the Wildlife Board;have the appropriate hunting license under this chapter to engage in the activity for which the spotter provides services; andpay an annual registration fee of $125.Toregisterasaspotter,anonresidentshall:submitanapplicationinaformprescribedbythedivision,subjecttorulesoftheWildlifeBoard;havetheappropriatehuntinglicenseunderthischaptertoengageintheactivityforwhichthespotterprovidesservices;andpayanannualregistrationfeeof$375. 23A-4-1202(7) Notwithstanding a fee amount described in Subsections (4), (5), and (6), the Wildlife Board may increase or decrease the fee amount under this section.An adjustment made by the Wildlife Board under Subsection (7)(a) takes effect when the Legislature adopts the fee schedule in the general session immediately following the adjustment. 23A-4-1202(8) The division shall deposit fees collected under this section into the Guide, Outfitter, and Spotter Fund created in Section 23A-3-216. 23A-4-1202(9) A registration automatically expires on the expiration date shown on the registration unless the registrant renews the registration. 23A-4-1202(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules to address:the form of an application submitted under this section;a prohibited activity under Section 23A-4-1203; oran operation of a guide, outfitter, or spotter regulated under Section 23A-4-1204.

23A-4-1203 - Grounds for denial or revoking of registration — Prohibited activities.

23A-4-1203(1) The division shall refuse to register an applicant, refuse to renew, or revoke the certificate of registration of a registrant during the time period that the division suspends the applicant’s or registrant’s privilege to:hunt, if the applicant or registrant provides services requiring registration under this part related to hunting; orfish, if the applicant or registrant provides services requiring registration under this part related to fishing. 23A-4-1203(2) If the division suspends the privilege to hunt or fish under this title of the chief executive officer of an outfitter under which an applicant or registrant provides guide services, outfitting services, or spotting services: during the time period that the chief executive officer’s privilege to hunt is suspended, the division shall:refuse to issue a registration to the applicant for services requiring registration under this part related to hunting; andrefuse to renew or shall revoke the registration of the registrant for services requiring registration under this part related to hunting; andduring the time period that the chief executive officer’s privilege to fish is suspended, the division shall:refuse to issue a registration to the applicant for services requiring registration under this part related to fishing; andrefuse to renew or shall revoke the registration of the registrant for services requiring registration under this part related to fishing. 23A-4-1203(3) An individual may not use the title “guide,” “outfitter,” or “spotter” or any other title or designation to indicate that the individual is a guide, outfitter, or spotter or acting as a guide, outfitter, or spotter unless the individual is registered as a guide, outfitter, or spotter under this part. 23A-4-1203(4) An individual may not:engage in an activity that would place a registrant’s client’s, prospective client’s, or third party’s safety at risk, recognizing the inherent risks associated with hunting wildlife and the activity engaged in being above and beyond those inherent risks;use false, deceptive, or misleading advertising related to providing services as a guide, outfitter, or spotter;misrepresent services, outcomes, facilities, equipment, or fees to a client or prospective client; orfail to provide the division with active and current contact information within 30 days of any change to the registrant’s contact information that was provided to the division during registration or the renewal of registration as a guide, outfitter, or spotter. 23A-4-1203(5) If an individual violates this part, the division may:revoke the certificate of registration of the individual; andsuspend the individual’s privilege to hunt or fish under this title.An individual who violates Subsection (3) or (4) is guilty of a class B misdemeanor in accordance with Section 23A-5-301.

23A-4-1204 - Operations of a guide, outfitter, and spotter — Limits on retaining guide or outfitter — Spotter.

23A-4-1204(1) Except as provided in Subsections (2) and (3), a person may not compensate an individual to provide guide services, outfitting services, or spotting services in connection with or in furtherance of taking protected wildlife on public land. 23A-4-1204(2) A person may compensate a guide or outfitter to help the person locate and take protected wildlife on public land if:the guide or outfitter is registered and in good standing under this part;the person has retained the guide or outfitter and is the recipient of the guide services or outfitting services;the person possesses the licenses and permits required to take protected wildlife;in total the number of individuals providing services requiring registration under this part does not exceed:two individuals; orthree individuals, if a guide or outfitter is retained for purposes of taking a moose, bison, bighorn sheep, or mountain goat;subject to Subsection (2)(d), the retained guide or outfitter uses no more than two spotters; andthe person who retains the guide or outfitter is not simultaneously using another guide or outfitter to assist in taking the same species and sex of protected wildlife. 23A-4-1204(3) A registered guide or registered outfitter in good standing may use a spotter if:the guide or outfitter is retained by the recipient of the guide services or outfitting services to assist the recipient to take protected wildlife on public land; andthe guide or outfitter does not use more than the number of spotters allowed under Subsections (2)(d) and (e). 23A-4-1204(4) A person who knowingly retains an individual that is not registered under this part as a guide or outfitter or who knowingly retains a spotter in violation of this section is guilty of a class B misdemeanor, except that, notwithstanding Section 76-3-204, a court may not sentence the person to imprisonment or probation.The division may suspend a person’s privilege to hunt or fish under this title if the person knowingly retains an individual that is not registered under this part as a guide or outfitter or knowingly retains a spotter in violation of this section.

23A-4-1205 - Private land excluded.