Hunting and Fishing Amendments

30
23A-3-216
23A-3-217
23A-4-1106
23A-4-1201
23A-4-1202
23A-4-1203
23A-4-1204
23A-5-301.5
23A-5-309
23A-5-312
23A-5-315.5
0
Hunting and Fishing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses practices related to hunting and fishing.
Highlighted Provisions:
This bill:
creates the Poaching Mitigation Fund;
provides for restitution money to be deposited into the Poaching Mitigation Fund for use
by the Division of Law Enforcement within the Department of Natural Resources;
removes references to spotters;
provides that money in the Guide and Outfitter Fund be used by the Division of Law
Enforcement within the Department of Natural Resources;
removes outdated language related to the Division of Professional Licensing;
modifies definitions related to guide and outfitter provisions, including the definition of a
guide or outfitter;
modifies fee provisions;
amends under certain circumstances the total number of individuals allowed to provide
guide services or outfitting services at a time;
clarifies the relationship between guides and outfitters and the retention of outfitters;
addresses unlawful activity of a pilot of an aircraft;
requires certain reimbursements of investigatory expenses for violations of title;
modifies provisions related to unlawful taking of protected wildlife related to a guide or
outfitter; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23A-3-216
, as enacted by Laws of Utah 2025, Chapter 140
23A-4-1106
, as last amended by Laws of Utah 2025, Chapters 173, 208
23A-4-1201
, as enacted by Laws of Utah 2025, Chapter 140
23A-4-1202
, as enacted by Laws of Utah 2025, Chapter 140
23A-4-1203
, as enacted by Laws of Utah 2025, Chapter 140
23A-4-1204
, as enacted by Laws of Utah 2025, Chapter 140
23A-5-309
, as last amended by Laws of Utah 2025, Chapter 140
23A-5-312
, as last amended by Laws of Utah 2024, Chapter 347
ENACTS:
23A-3-217
, Utah Code Annotated 1953
23A-5-301.5
, Utah Code Annotated 1953
23A-5-315.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
23A-3-216
is amended to read:
23A-3-216
. Guide and Outfitter Fund.
(1)
There is created an expendable special revenue fund known as the "Guide
,
and

Outfitter
, and Spotter
Fund."
(2)
The Guide
,
and
Outfitter
, and Spotter
Fund shall consist of:
(a)
revenue from fees collected under Section
23A-4-1202
;
(b)
money appropriated by the Legislature; and
(c)
interest, dividends, or other income earned on fund money.
(3)
The
division
Division of Law Enforcement within the department
shall use the money
in the Guide
,
and
Outfitter
, and Spotter
Fund to administer Chapter 4, Part 12, Guide
,

and
Outfitter
, and Spotter
.
Section 2. Section
23A-3-217
is enacted to read:
23A-3-217
. Poaching Mitigation Fund.
(1)
There is created an expendable special revenue fund known as the "Poaching Mitigation
Fund."
(2)
The Poaching Mitigation Fund shall consist of:
(a)
reimbursement money collected under Section
23A-5-301.5
;
(b)
restitution collected under Section
23A-5-312
;
(c)
money appropriated by the Legislature; and
(d)
interest, dividends, or other income earned on fund money.
(3)
The Division of Law Enforcement within the department shall use the money in the
Poaching Mitigation Fund for activities and programs to help stop poaching, including:
(a)
educational programs on wildlife crime prevention;
(b)
acquisition and development of wildlife crime detection equipment;
(c)
operation and maintenance of anti-poaching projects; and
(d)
wildlife law enforcement training.
Section 3. Section
23A-4-1106
is amended to read:
23A-4-1106
. Suspension of license or permit privileges -- Suspension of
certificates of registration.
(1)
As used in this section:
(a)
"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.
(b)
"Livestock guardian dog" means the same as that term is defined in Section
76-6-111
.
(2)
A hearing officer, appointed by the division, may suspend a person's license or permit
privileges if:
(a)
in a court of law, the person:
(i)
is convicted of:
(A)
violating this title or a rule of the Wildlife Board;
(B)
killing or injuring domestic livestock or a livestock guardian dog while
engaged in an activity regulated under this title;
(C)
violating Section
76-6-111
; or
(D)
violating Section
76-11-209
while engaged in an activity regulated under this
title;
(ii)
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; or
(iii)
is 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; and
(b)
the hearing officer determines the person committed the offense intentionally,
knowingly, or recklessly, as defined in Section
76-2-103
.
(3)
(a)
The Wildlife Board shall make rules establishing guidelines that a hearing officer
shall consider in determining:
(i)
the type of license or permit privileges to suspend; and
(ii)
the duration of the suspension.
(b)
The Wildlife Board shall ensure that the guidelines established under Subsection
(3)(a)
are consistent with Subsections
(4)
,
(5)
, and
(6)
.
(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:
(a)
seven years for:
(i)
a felony conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a felony, which plea is
held in abeyance
pursuant to
in accordance with
a plea in abeyance agreement; or
(iii)
being charged with an offense punishable as a felony, the prosecution of which is
suspended
pursuant to
in accordance with
a diversion agreement;
(b)
five years for:
(i)
a class A misdemeanor conviction;
(ii)
a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
which plea is held in abeyance
pursuant to
in accordance with
a plea in abeyance
agreement; or
(iii)
being charged with an offense punishable as a class A misdemeanor, the
prosecution of which is suspended
pursuant to
in accordance with
a diversion
agreement;
(c)
three years for:
(i)
a class B misdemeanor conviction;
(ii)
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; or
(iii)
being charged with an offense punishable as a class B misdemeanor, the
prosecution of which is suspended
pursuant to
in accordance with
a diversion
agreement; and
(d)
one year for:
(i)
a class C misdemeanor conviction;
(ii)
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; or
(iii)
being charged with an offense punishable as a class C misdemeanor, the
prosecution of which is suspended according to a diversion agreement.
(5)
The hearing officer may double a suspension period established in Subsection
(4)
for
offenses:
(a)
committed in violation of an existing suspension or revocation order issued by the
courts, division, or Wildlife Board; or
(b)
involving the unlawful taking of a trophy animal, as defined in Section
23A-1-101
.
(6)
(a)
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
.
(b)
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.
(c)
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.
(7)
(a)
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:
(i)
the hearing officer determines the person intentionally, knowingly, or recklessly,
as defined in Section
76-2-103
, violated:
(A)
this title;
(B)
a rule or order of the Wildlife Board;
(C)
the terms of a certificate of registration; or
(D)
the terms of a certificate of registration application or agreement; or
(ii)
the person, in a court of law:
(A)
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;
(B)
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; or
(C)
is 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.
(b)
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
.
(8)
(a)
The director shall appoint a qualified person as a hearing officer to perform the
adjudicative functions provided in this section.
(b)
The director may not appoint a division employee who investigates or enforces
wildlife violations.
(9)
(a)
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.
(b)
The courts shall promptly notify the division of suspension orders or
recommendations entered.
(c)
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.
(d)
The hearing officer shall consider a recommendation made by a sentencing court
concerning suspension before issuing a suspension order.
(10)
Before suspension under this section, the division shall give a person:
(a)
written notice of action the division intends to take; and
(b)
an opportunity for a hearing.
(11)
(a)
A person may file an appeal of a hearing officer's decision with the Wildlife
Board.
(b)
The Wildlife Board shall review the hearing officer's findings and conclusions and
any written documentation submitted at the hearing.
(c)
The Wildlife Board may:
(i)
take no action;
(ii)
vacate or remand the decision; or
(iii)
amend the period or type of suspension.
(12)
The division shall suspend and reinstate all hunting, fishing, trapping, and falconry
privileges consistent with
Chapter 2, Part 5, Wildlife Violator Compact
.
(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:
(a)
identifying information for the individual; and
(b)
time period of the suspension.
(14)
(13)
The Wildlife Board may make rules to implement this section in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 4. Section
23A-4-1201
is amended to read:
12. Guide and Outfitter
23A-4-1201
. Definitions.
As used in this part:
(1)
"Compensation" means anything of economic value in excess of $100 that is paid,
loaned, granted, given, donated, or transferred to a guide
,
or
outfitter
, or spotter
for or
in consideration of a service, material, or property.
(2)
"Guide" means an individual who
is employed or affiliated with an outfitter and
offers
or provides guide services on public lands for compensation.
(3)
"Guide services" means to guide, lead, or assist an individual in hunting protected
wildlife.
(4)
(a)
"Hunting" means to locate, pursue, chase, catch, capture, trap, or kill protected
wildlife
or assist in an action described in this Subsection
(4)
.
(b)
"Hunting" includes fishing.
(5)
"Outfitter" means
an individual who
a person that
offers or provides outfitting
or guide
services for compensation to
another
an
individual for hunting protected wildlife on
public lands.
(6)
(a)
"Outfitting services" means, for hunting protected wildlife on public lands,
providing
, either directly or through an individual compensated by the outfitter
:
(i)
transportation of people, equipment, supplies,
or
protected wildlife to or from a
location;
(ii)
cooking for the participants
who are
hunting, including fishing;
(iii)
packing, protecting, or supervising services; or
(iv)
guide services.
(b)
"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.
(7)
(a)
"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.
(b)
"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
if

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.
(8)
"Retain"
or "retained"
means a written or oral agreement for the delivery of guide
services or
outfitter
outfitting
services between
a guide or
an
outfitter and the recipient
of
those services
the guide services or outfitting services
.
(9)
"Spotter" means an individual compensated by a guide or outfitter to locate or monitor
the location of protected wildlife on public land.
Section 5. Section
23A-4-1202
is amended to read:
23A-4-1202
. Registration as guide or outfitter -- Rulemaking.
(1)
Beginning July 1, 2025, to
To
provide the services of a guide
,
or
outfitter
, or spotter
an individual is required to
a person shall
annually obtain a certificate of registration
with the division under this part.
(2)
The division shall issue to
an individual who
a person that
qualifies under this part a
certificate to operate as
a
:
(a)
a
guide;
or
(b)
an
outfitter
; or
.
(c)
spotter.
(3)
The division shall maintain a record of each
individual who
person that
is registered
with the division under this part.
(4)
(a)
To register as a guide, a resident shall:
(i)
submit an application in a form
prescribed by
the division
approves
, subject to
rules of the Wildlife Board;
(ii)
have the appropriate hunting or fishing license under this chapter to engage in the
activity for which the guide provides guide services; and
(iii)
pay an annual registration fee
of
set in accordance with Section
63J-1-504
:
(A)
$250 if the resident
for a resident who
provides guide services related to the
hunting of big game or bear; or
(B)
$175 if the resident
for a resident who
only provides guide services related
to the hunting, including fishing, of protected wildlife other than big game or
bear.
(b)
To register as a guide, a nonresident shall:
(i)
submit an application in a form
prescribed by
the division
approves
, subject to
rules of the Wildlife Board;
(ii)
have the appropriate hunting or fishing license under this chapter to engage in the
activity for which the guide provides guide services; and
(iii)
pay an annual registration fee
of
set in accordance with Section
63J-1-504
:
(A)
$750 if the nonresident
for a nonresident who
provides guide services
related to the hunting of big game or bear; or
(B)
$500 if the nonresident
for a nonresident who
only provides guide services
related to the hunting, including fishing, of protected wildlife other than big
game or bear.
(5)
(a)
To register as an outfitter, a resident shall:
(i)
submit an application in a form
prescribed by
the division
approves
, subject to
rules of the Wildlife Board;
(ii)
(A)
have the appropriate hunting or fishing license under this chapter to engage
in the activity for which the outfitter provides
outfitter
outfitting
services;
or
(B)
if the outfitter is an entity, have at least one individual designated by the
outfitter hold the appropriate hunting or fishing license under this chapter to
engage in the activity for which the outfitter provides outfitting services;
and
(iii)
pay an annual registration fee
of
set in accordance with Section
63J-1-504
:
(A)
$500 if the resident
for a resident that
provides services related to the
hunting of big game or bear; or
(B)
$350 if the resident
for a resident that
only provides services related to the
hunting, including fishing, of protected wildlife other than big game or bear.
(b)
To register as an outfitter, a nonresident shall:
(i)
submit an application in a form
prescribed by
the division
approves
, subject to
rules of the Wildlife Board;
(ii)
(A)
have the appropriate hunting or fishing license under this chapter to engage
in the activity for which the outfitter provides
outfitter
outfitting
services;
or
(B)
if the outfitter is an entity, have at least one individual designated by the
outfitter hold the appropriate hunting or fishing license under this chapter to
engage in the activity for which the outfitter provides outfitting services;
and
(iii)
pay an annual registration fee
of
set in accordance with Section
63J-1-504
:
(A)
$1,500 if the nonresident
for a nonresident that
provides services related to
the hunting of big game or bear; or
(B)
$1,000 if the nonresident
for a nonresident that
only provides services
related to the hunting, including fishing, of protected wildlife other than big
game or bear.
(6)
(a)
To register as a spotter, a resident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the
Wildlife Board;
(ii)
have the appropriate hunting license under this chapter to engage in the activity
for which the spotter provides services; and
(iii)
pay an annual registration fee of $125.
(b)
To register as a spotter, a nonresident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the
Wildlife Board;
(ii)
have the appropriate hunting license under this chapter to engage in the activity
for which the spotter provides services; and
(iii)
pay an annual registration fee of $375.
(7)
(a)
Notwithstanding a fee amount described in Subsections
(4)
,
(5)
, and (6), the
Wildlife Board may increase or decrease the fee amount under this section.
(b)
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.
(8)
(6)
The division shall deposit fees collected under this section into the Guide
,
and

Outfitter
, and Spotter
Fund created in Section
23A-3-216
.
(9)
(7)
A registration automatically expires on the expiration date shown on the
registration unless the registrant renews the registration.
(10)
(8)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the Wildlife Board may make rules to address:
(a)
the form of an application submitted under this section;
(b)
a prohibited activity under Section
23A-4-1203
; or
(c)
an operation of a guide
,
or
outfitter
, or spotter
regulated under Section
23A-4-1204
.
Section 6. Section
23A-4-1203
is amended to read:
23A-4-1203
. Grounds for denial or revoking of registration -- Prohibited
activities.
(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:
(a)
hunt, if the applicant or registrant provides services requiring registration under this
part related to hunting; or
(b)
fish, if the applicant or registrant provides services requiring registration under this
part related to fishing.
(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
,
or
outfitting services
, or spotting services
:
(a)
during the time period that the
division suspends the
chief executive officer's
privilege to hunt
is suspended
, the division shall:
(i)
refuse to issue a registration to the applicant for services requiring registration
under this part related to hunting; and
(ii)
refuse to renew or shall revoke the registration of the registrant for services
requiring registration under this part related to hunting; and
(b)
during the time period that the
division suspends the
chief executive officer's
privilege to fish
is suspended
, the division shall:
(i)
refuse to issue a registration to the applicant for services requiring registration
under this part related to fishing; and
(ii)
refuse to renew or shall revoke the registration of the registrant for services
requiring registration under this part related to fishing.
(3)
An individual
A person
may not use the title "guide
,
"
or
"outfitter
,
"
or "spotter"
or any other title or designation to indicate that the
individual
person
is a guide
,
or

outfitter
, or spotter
or acting as a guide
,
or
outfitter
, or spotter
unless the
individual

person
is registered as a guide
,
or
outfitter
, or spotter
under this part.
(4)
An individual
A person
may not:
(a)
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;
(b)
use false, deceptive, or misleading advertising related to providing services
as a
guide, outfitter, or spotter
;
(c)
misrepresent services, outcomes, facilities, equipment, or fees to a client or
prospective client; or
(d)
fail to provide the division with active and current contact information within 30
days of any change to the registrant's contact information
that was
the registrant

provided to the division during registration or the renewal of registration as a guide
,

or
outfitter
, or spotter
.
(5)
(a)
If
an individual
a person
violates this part, the division may:
(i)
revoke the certificate of registration of the
individual
person
; and
(ii)
suspend the individual's privilege to hunt or fish under this title.
(b)
An individual who
A person that
violates Subsection
(3)
or (4) is guilty of a class B
misdemeanor in accordance with Section
23A-5-301
.
Section 7. Section
23A-4-1204
is amended to read:
23A-4-1204
. Operations of a guide or outfitter -- Limits on retaining outfitter or
compensating a guide.
(1)
Except as provided in Subsections
(2)
and
(3)
, a person may not compensate
an
individual
another person
to provide guide services
,
or
outfitting services
, or spotting
services
in connection with or in furtherance of
taking
hunting
protected wildlife on
public land.
(2)
A person may compensate a guide or
An individual may retain an
outfitter to help the
person locate and take
individual hunt
protected wildlife on public land if:
(a)
the guide or outfitter is
the persons providing guide services or outfitting services are

registered and in good standing under this part;
(b)
the
person has retained the guide or
individual who retains the
outfitter
and
is the
recipient of the guide services or outfitting services;
(c)
the person possesses the licenses and permits required to take protected wildlife;
(d)
(c)
subject to Subsection
(4)
,
in total the number of individuals providing services
requiring registration under this part does not exceed:
(i)
two individuals; or
(ii)
three individuals, if
a guide or outfitter is retained for purposes of taking a
moose, bison, bighorn sheep, or mountain goat
the individual who retains the
outfitter retains the outfitter for a big game once-in-a-lifetime or limited entry hunt
;

and
(e)
subject to Subsection
(2)(d)
, the retained guide or outfitter uses no more than two
spotters; and
(f)
(d)
the
person
individual
who retains the
guide or
outfitter is not simultaneously
using another
guide or
outfitter to assist in
taking
hunting
the same species and sex
of protected wildlife.
(3)
A registered guide or registered outfitter in good standing may use a spotter if:
(a)
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; and
(b)
the guide or outfitter does not use more than the number of spotters allowed under
Subsections
(2)(d)
and (e).
(4)
(3)
(a)
A person
who
that
knowingly retains
an individual
a person
that is not
registered under this part as
a guide or
an
outfitter or who knowingly
retains a
spotter
compensates a guide
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.
(b)
The division may suspend
a person's
an individual's
privilege to hunt or fish under
this title if the
person
individual
knowingly retains
an individual
a person
that is
not registered under this part as
a guide or
an
outfitter or knowingly
retains a spotter
compensates a guide
in violation of this section.
(4)
The limitations of Subsection
(2)(c)
do not apply to an individual compensated by an
outfitter to perform tasks that are not associated with hunting of protected wildlife on
public land, including an individual who:
(a)
does not provide guide services or outfitting services; or
(b)
assists after the protected wildlife is tagged in accordance with Section
23A-4-709
.
Section 8. Section
23A-5-301.5
is enacted to read:
23A-5-301.5
. Reimbursement of investigation operational expenses.
(1)
As used in this section:
(a)
"Contraband" means a property, item, or substance that is unlawful to produce or to
possess under state or federal law.
(b)
"Operational expense" means money expended by the Division of Law Enforcement
to:
(i)
acquire one of the following that is being used in a commercial venture:
(A)
a necessary service;
(B)
a necessary authorization;
(C)
contraband; or
(D)
property unlawfully possessed by a person; and
(ii)
further or sustain an ongoing investigation, including an expense for a covert
activity.
(2)
A person shall reimburse the Division of Law Enforcement for an operational expense
from an investigation when the person in a court of law:
(a)
is convicted of:
(i)
unlawful taking, unlawful possession, or wanton destruction of protected wildlife
under this title;
(ii)
a violation of Chapter 4, Part 12, Guide and Outfitter; or
(iii)
a violation of Subsection
23A-5-309(1)(y)
;
(b)
enters into a plea in abeyance agreement, in which the person pleads guilty or no
contest to an offense listed in Subsection
(2)(a)
, and the plea is held in abeyance; or
(c)
is charged with committing an offense listed in Subsection
(2)(a)
, and the person
enters into a diversion agreement that suspends the prosecution of the offense.
(3)
The Division of Law Enforcement shall document an operational expense from an
investigation.
(4)
The Division of Law Enforcement shall deposit money collected under this section into
the Poaching Mitigation Fund created in Section
23A-3-217
.
Section 9. Section
23A-5-309
is amended to read:
23A-5-309
. Taking, transporting, selling, purchasing, or engaging in activities
related to protected wildlife illegal except as authorized -- Criminal penalty.
(1)
Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a
person may not:
(a)
take protected wildlife or wildlife parts;
(b)
collect, import, possess, transport, propagate, store, donate, transfer, or export
protected wildlife or wildlife parts;
(c)
take, possess, sell, purchase, barter, donate, or trade protected wildlife or wildlife
parts without having previously procured the necessary licenses, permits, tags,
federal stamps, certificates of registration, authorizations, and receipts required in this
title or a rule, proclamation, or order of the Wildlife Board;
(d)
take protected wildlife with a weapon, ammunition, implement, tool, device, or any
part of any of these not specifically authorized in this title or a rule, proclamation, or
order of the Wildlife Board;
(e)
possess while in pursuit of protected wildlife a weapon, ammunition, implement,
tool, device, or any part of any of these not specifically authorized in this title or a
rule, proclamation, or order of the Wildlife Board;
(f)
take protected wildlife using a method, means, process, or practice not specifically
authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(g)
take protected wildlife outside the season dates, location boundaries, and daily time
frames established in rule, proclamation, or order of the Wildlife Board;
(h)
take protected wildlife in excess of the bag and possession limits established in rule,
proclamation, or order of the Wildlife Board;
(i)
take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
proclamation, or order of the Wildlife Board, or by executive order of the director
pursuant to
in accordance with
Subsection
23A-2-203(4)
;
(j)
practice falconry or capture, possess, or use birds in falconry;
(k)
take wildlife from an airplane or any other airborne vehicle or device or a motorized
terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
(l)
hold in captivity at any time any live protected wildlife;
(m)
use or permit a dog or other domestic or trained animal to take protected wildlife;
(n)
remove, damage, or destroy an occupied nest of protected wildlife;
(o)
release captured or captive wildlife into the wild;
(p)
use spotlighting to take protected wildlife;
(q)
employ or use a means of concealment or camouflage while taking protected wildlife
which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
(r)
possess or use bait or other attractant to take protected wildlife which is prohibited in
this title or a rule, proclamation, or order of the Wildlife Board;
(s)
use a decoy or recorded or electronically amplified call which is prohibited in this
title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
(t)
commercially harvest protected wildlife, including brine shrimp and brine shrimp
eggs;
(u)
use protected wildlife for commercial purposes or financial gain as prohibited by
Section
23A-5-304
;
(v)
enter, establish, or hold a contest or tournament involving the taking of protected
wildlife;
(w)
operate or participate in a commercial hunting area as described in Section
23A-12-202
;
(x)
operate or participate in a cooperative wildlife management unit as defined in
Section
23A-7-101
; or
(y)
(i)
operate or participate in guide, outfitter, or spotter
take protected wildlife
while operating or participating in guide or outfitter
services or activities in
violation of Chapter 4, Part 12, Guide
,
and
Outfitter
, and Spotter
; or
(ii)
knowingly retain a guide, outfitter, or spotter
take protected wildlife while
knowingly retaining a guide or outfitter
in violation of Chapter 4, Part 12, Guide
,

and
Outfitter
, and Spotter
.
(2)
Possession of protected wildlife without a valid license, permit, tag, certificate of
registration, bill of sale, or invoice is prima facie evidence that the protected wildlife
was illegally taken and is illegally held in possession.
(3)
A person is subject to the penalty under Section
23A-5-301
if the person:
(a)
violates Subsection
(1)
; and
(b)
does so with criminal negligence as defined in Subsection
76-2-103(4)
.
Section 10. Section
23A-5-312
is amended to read:
23A-5-312
. Restitution -- Disposition of money.
(1)
When a person is adjudged guilty of illegal taking, illegal possession, or wanton
destruction of protected wildlife, other than a trophy animal, the court may order the
defendant to pay restitution:
(a)
as set forth in Subsection
(2)
; or
(b)
in a greater or lesser amount than the amount established in Subsection
(2)
.
(2)
Suggested minimum restitution values for protected wildlife are as follows:
(a)
$1,500 per animal for:
(i)
bison;
(ii)
bighorn sheep;
(iii)
rocky mountain goat;
(iv)
moose;
(v)
bear;
(vi)
peregrine falcon;
(vii)
bald eagle; or
(viii)
endangered species;
(b)
$1,250 per animal for:
(i)
elk; or
(ii)
threatened species;
(c)
$750 per animal for:
(i)
golden eagle;
(ii)
river otter; or
(iii)
gila monster;
(d)
$600 per animal for:
(i)
pronghorn antelope; or
(ii)
deer;
(e)
$525 per animal for:
(i)
cougar; or
(ii)
bobcat;
(f)
$150 per animal for:
(i)
swan;
(ii)
sandhill crane;
(iii)
turkey;
(iv)
pelican;
(v)
loon;
(vi)
egrets;
(vii)
herons;
(viii)
raptors, except those that are threatened or endangered;
(ix)
Utah milk snake; or
(x)
Utah mountain king snake;
(g)
$150 per horn;
(h)
$53 per animal for furbearers, except:
(i)
bobcat;
(ii)
river otter; and
(iii)
threatened or endangered species;
(i)
$38 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
largemouth bass, smallmouth bass, and wiper;
(j)
$30 per pound of antler or shed antler;
(k)
$23 per animal for game birds, except:
(i)
turkey;
(ii)
swan; and
(iii)
sandhill crane;
(l)
$15 per animal for game fish not listed in Subsection
(2)(i)
;
(m)
$12 per pound dry weight of processed brine shrimp including eggs; and
(n)
$8 per animal for protected wildlife not listed.
(3)
If the court finds that restitution is inappropriate or if the value imposed is less than the
suggested minimum value as provided in Subsection
(2)
, the court shall make the
reasons for the decision part of the court record.
(4)
(a)
The court shall order a person convicted of a third degree felony under Subsection
23A-5-311(2)(a)(ii)
to pay restitution in accordance with Subsection
(4)(b)
.
(b)
The minimum restitution value for a trophy animal is as follows:
(i)
$45,000 per animal for bighorn, desert, or rocky mountain sheep;
(ii)
$12,000 per animal for deer;
(iii)
$12,000 per animal for elk;
(iv)
$9,000 per animal for moose or mountain goat;
(v)
$9,000 per animal for bison; and
(vi)
$3,000 per animal for pronghorn antelope.
(5)
Restitution paid under
Subsection (4) shall be remitted to the division and deposited in
the Wildlife Resources Account
this section is to be deposited into the Poaching
Mitigation Fund created in Section
23A-3-217
.
(6)
The division shall use restitution money for activities and programs to help stop
poaching, including:
(a)
educational programs on wildlife crime prevention;
(b)
acquisition and development of wildlife crime detection equipment;
(c)
operation and maintenance of anti-poaching projects; and
(d)
wildlife law enforcement training.
(7)
(6)
If restitution is required, restitution shall be in addition to:
(a)
a fine or penalty imposed for a violation of this title; and
(b)
a remedial action taken to revoke or suspend a person's license, permit, tag, or
certificate of registration.
(8)
(7)
A judgment imposed under this section constitutes a lien when recorded in the
judgment docket and shall have the same effect and is subject to the same rules as a
judgment for money in a civil action.
Section 11. Section
23A-5-315.5
is enacted to read:
23A-5-315.5
. Unlawful activity by a pilot.
(1)
As used in this section:
(a)
"Aircraft" means an airplane or other airborne vehicle or device.
(b)
"Pilot" means an individual who operates the controls of an aircraft while in flight.
(2)
A pilot may not knowingly, intentionally, or recklessly operate an aircraft if the
operation results in a person taking, including locating, wildlife from the aircraft in
violation of Section
23A-5-315
.
(3)
A violation of Subsection
(2)
is:
(a)
a class B misdemeanor for the first violation;
(b)
a class A misdemeanor for the second violation; or
(c)
a third degree felony for a third or subsequent violation.
(4)
If a pilot violates this section, the division may revoke a license, tag, certificate of
registration, or permit held by the pilot in accordance with Section
23A-4-1106
.
Section 12.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-17-26 10:16 AM