23A-7 - Cooperative Wildlife Management Units

Title 23A > 23A-7

Sections (15)

General Provisions

23A-7-101 - Definitions.

As used in this chapter: 23A-7-101(1) “Cooperative wildlife management unit” means a generally contiguous area of land that is:

open for hunting small game, waterfowl, turkey, or big game; and registered in accordance with this chapter and rules of the Wildlife Board. 23A-7-101(2) “Cooperative wildlife management unit agent” means a person appointed by a landowner, landowner association, or landowner association operator to perform the functions described in Section 23A-7-207. 23A-7-101(3) “Cooperative wildlife management unit authorization” means a card, label, ticket, or other identifying document authorizing the possessor to hunt small game or waterfowl in a cooperative wildlife management unit. 23A-7-101(4) “Cooperative wildlife management unit permit” means a permit authorizing the possessor to hunt turkey, or big game in a cooperative wildlife management unit. 23A-7-101(5) “Landowner association” means a landowner or an organization of owners of private lands who operates a cooperative wildlife management unit. 23A-7-101(6) “Landowner association operator” means a person designated by a landowner association to operate the cooperative wildlife management unit.

23A-7-102 - Rulemaking authority of Wildlife Board.

The Wildlife Board may make and enforce rules applicable to cooperative wildlife management units organized for the hunting of small game, waterfowl, turkey, or big game that in the Wildlife Board’s judgment are necessary to administer and enforce this chapter.

23A-7-103 - Purposes of wildlife management units.

A cooperative wildlife management unit is established to: 23A-7-103(1) provide income to landowners; 23A-7-103(2) create satisfying hunting opportunities; 23A-7-103(3) increase wildlife resources; 23A-7-103(4) provide adequate protection to landowners who open their lands for hunting; and 23A-7-103(5) provide access to public and private lands for hunting.

Requirements

23A-7-201 - Operation by landowner association.

23A-7-201(1) A landowner association shall operate a cooperative wildlife management unit as prescribed by this chapter and the rules of the Wildlife Board. 23A-7-201(2) For purposes of this chapter, a landowner association operator may not:

be appointed by the division; or be an employee or agent of the division.

23A-7-202 - Certificate of registration — Renewal.

23A-7-202(1) A landowner association may not establish or operate a cooperative wildlife management unit without first obtaining a certificate of registration from the Wildlife Board. 23A-7-202(2) The Wildlife Board may renew annually certificates of registration if the landowner association has previously complied with this chapter and the rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

23A-7-203 - Season dates — Boundaries — Review by councils and Wildlife Board.

23A-7-203(1) The Wildlife Board shall establish season dates and boundaries for each cooperative wildlife management unit except as provided in Subsection (2). 23A-7-203(2) A season date for a cooperative wildlife management unit that provides one buck deer permit or more per every 640 acres shall begin on September 1 and end on October 31. A cooperative wildlife management unit that provides less than one buck deer permit per every 640 acres may select the following season date options: beginning on September 1 and ending on October 31; or beginning on September 11 and ending on November 10. In accordance with Subsection 23A-2-305(3), if the season dates specified in this Subsection (2) start on a Sunday, the season date shall begin on the Saturday before. 23A-7-203(3) Season dates may differ from general statewide season dates. 23A-7-203(4) At least every five years, the relevant regional advisory council and Wildlife Board shall review a cooperative wildlife management unit containing public land.

23A-7-204 - Permits — Acreage and lands that may be included — Posting of boundaries.

23A-7-204(1) The division shall provide cooperative wildlife management unit authorizations for hunting small game or waterfowl to the cooperative wildlife management unit, free of charge. 23A-7-204(2) At least 50% of the cooperative wildlife management unit authorizations for hunting small game or waterfowl provided to a cooperative wildlife management unit shall be offered for sale to the general public at the times and places designated on the application for a certificate of registration. 23A-7-204(3) A cooperative wildlife management unit organized for hunting small game or waterfowl shall consist of private land. At least 75% of the acreage within the boundaries of a cooperative wildlife management unit organized for the hunting of small game or waterfowl shall be open to hunting by holders of valid authorizations. 23A-7-204(4) The Wildlife Board may establish the maximum number of permits that may be issued per acre, except as provided in Subsection (4)(b). A cooperative wildlife management unit shall issue one buck deer permit or less per every 320 acres to be eligible to receive buck deer permits. 23A-7-204(5) The division may issue cooperative wildlife management unit permits for hunting turkey or big game to permittees: qualifying through a public drawing; or named by the cooperative wildlife management unit operator. The Wildlife Board may specify by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, those persons who are eligible to draw a cooperative wildlife management unit permit in a public drawing. 23A-7-204(6) A cooperative wildlife management unit organized for hunting turkey or big game shall consist of private land to the extent practicable. Public land may be included within a cooperative wildlife management unit if: the public land is completely surrounded by private land or is otherwise inaccessible to the general public; including public land is necessary to establish a readily identifiable boundary; or including public land is necessary to achieve turkey or big game management objectives. If public land is included within a cooperative wildlife management unit: the landowner association shall meet applicable federal or state land use requirements on the public land; and the Wildlife Board shall increase the number of permits or hunting opportunities made available to the general public to reflect the proportion of public lands to private lands within the cooperative wildlife management unit. 23A-7-204(7) A landowner association shall:

clearly post the boundaries of the cooperative wildlife management unit by displaying signs containing information prescribed by rule of the Wildlife Board at the locations specified in Subsection 23A-5-317(1)(c); and provide a written copy of the landowner association’s guidelines to each holder of an authorization or permit.

23A-7-205 - Landowner association to provide comparable hunting opportunities.

A landowner association shall provide a holder of an authorization or permit a comparable hunting opportunity in terms of hunting area and number of days.

23A-7-206 - Compensation for damage — Claims.

23A-7-206(1) A landowner participating in a cooperative wildlife management unit who incurs damages caused by a hunter on the landowner’s land may submit a claim and receive compensation for the claim from money received for cooperative wildlife management unit authorization or permit fees collected by the landowner association. 23A-7-206(2) The claims under Subsection (1) shall:

be paid first and have priority over all other obligations of the landowner association; be reviewed, investigated, and paid by the landowner association; and not exceed annual revenues of a cooperative wildlife management unit. 23A-7-206(3) A landowner participating in a cooperative wildlife management unit who incurs damages caused by a hunter on the landowner’s land may not hold the state liable for compensation.

23A-7-207 - Agents — Appointment — Identification — Refusal of entry by agent.

23A-7-207(1) A landowner association may appoint one or more cooperative wildlife management unit agents to protect private property of the cooperative wildlife management unit. 23A-7-207(2) A cooperative wildlife management unit agent shall wear or have in the cooperative wildlife management unit agent’s possession a form of identification prescribed by the Wildlife Board that indicates that the individual is a cooperative wildlife management unit agent. 23A-7-207(3) A cooperative wildlife management unit agent may refuse entry into private lands within a cooperative wildlife management unit to any person, except an owner of land within the cooperative wildlife management unit and the landowner’s employees, who:

does not have in the person’s possession a cooperative wildlife management unit authorization or permit; endangers or has endangered human safety; damages or has damaged private property within a cooperative wildlife management unit; or fails or has failed to comply with reasonable rules of a landowner association. 23A-7-207(4) In performing the functions described in this section, a cooperative wildlife management unit agent shall comply with the relevant laws of this state. 23A-7-207(5) For purposes of this chapter, a cooperative wildlife management unit agent may not:

be appointed by the division or the state; be an employee or agent of the division; receive compensation from the division or the state to act as a cooperative wildlife management unit agent; or act as a peace officer or perform the duties of a peace officer without qualifying as a peace officer under Title 53, Chapter 13, Peace Officer Classifications.

23A-7-208 - Possession of permits and licenses by hunter — Restrictions.

23A-7-208(1) A person may not hunt in a cooperative wildlife management unit without having in the person’s possession:

a valid cooperative wildlife management unit authorization or permit or other permit as authorized by the Wildlife Board; and the necessary hunting licenses and tags. 23A-7-208(2) A cooperative wildlife management unit authorization or permit:

entitles the holder to hunt only in the cooperative wildlife management unit specified on the authorization or permit pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to hunt on any other private or public land; and constitutes written permission for trespass as required under Section 23A-5-317. 23A-7-208(3) A cooperative wildlife management unit may address the number of individuals a cooperative wildlife management unit permit holder may select as companions, except that a cooperative wildlife management unit shall allow, at a minimum, one companion to accompany free of charge the cooperative wildlife management unit permit holder.

23A-7-209 - Failure to comply with rules and requirements.

A person shall leave private property within a cooperative wildlife management unit immediately, upon request of a landowner, landowner association operator, or cooperative wildlife management unit agent, if that person: 23A-7-209(1) does not have in that person’s possession a cooperative wildlife management unit authorization or permit; 23A-7-209(2) endangers or has endangered human safety; 23A-7-209(3) damages or has damaged private property within a cooperative wildlife management unit; or 23A-7-209(4) fails or has failed to comply with reasonable rules of a landowner association.

23A-7-210 - Damage or destruction of property.

A person on the land of another person may not intentionally damage, disarrange, or destroy that person’s property.

23A-7-211 - Violation of chapter — Class B misdemeanor.

Any person who violates this chapter is guilty of a class B misdemeanor, unless another penalty is provided elsewhere in the laws of this state.

23A-7-212 - Landowner protection under Landowner Liability Act.

A landowner who participates in a cooperative wildlife management unit has the full protection afforded under Title 57, Chapter 14, Limitations on Landowner Liability .