HB 168 — Hunting and Fishing Amendments

(9)(a)(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.

- 6 - HB0168 compared with HB0168S01 (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.

(11)(a)(11) (a) A person may file an appeal of a hearing officer's decision with the Wildlife Board.

[(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 6the:] -[(a) 02-09identifying 10:32information H.B.for the individual;

168 Licensing the:] [(a) identifying information for the individual;

Guide and Outfitter 23A-4-120123A-4-1201. .

- 7 - HB0168 compared with HB0168S01 (2) "Guide" means an individual who is employed or affiliated with an outfitter and offers or provides guide services on public lands for compensation.

(4)(a)(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).

(6)(a)(6) (a) "Outfitting services" means, for hunting protected wildlife on public lands, providingproviding, either directly or through an individual compensated by the outfitter{ Ĥ→ ,{} {, either directly or through an individual compensated by the outfitteroutfitter}{} ←Ĥ } :

(7)(a)(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 7of -engaging H.B.in a wildlife related activity.

168 02-09 10:32 purposes of engaging in a wildlife related activity.

- 8 - HB0168 compared with HB0168S01 [(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.

23A-4-120223A-4-1202. .

(4)(a)(4) (a) To register as a guide, a resident shall:

and (iii) pay an annual registration fee of:[of] set in accordance with Section 63J-1-504:

(A) $250[$250 if the resident ] for a resident who provides guide services related to the hunting of big game or bear;

or (B) $175[$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) 8To -register 02-09as 10:32a H.B.guide, a nonresident shall:

168 (b) To register as a guide, a nonresident shall:

and (iii) pay an annual registration fee of:[of] set in accordance with Section 63J-1-504:

- 9 - HB0168 compared with HB0168S01 (A) $750[$750 if the nonresident ] for a nonresident who provides guide services related to the hunting of big game or bear;

or (B) $500[$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)(5) (a) To register as an outfitter, a resident shall:

(ii)(A)(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;

and (iii) pay an annual registration fee of:[of] set in accordance with Section 63J-1-504:

(A) $500[$500 if the resident ] for a resident that provides services related to the hunting of big game or bear;

or (B) $350[$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.

(ii)(A)(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;

and (iii) pay an annual registration fee of:[of] set in accordance with Section 63J-1-504:

(A) $1,500[$1,500 if the nonresident ] for a nonresident that provides services related to the hunting of big game or bear;

or - 910 - H.B.HB0168 compared with HB0168S01 (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.

168[(6) 02-09(a) 10:32To (B)register $1,000as ifa thespotter, nonresidenta onlyresident providesshall:] services[(i) relatedsubmit toan application in a form prescribed by the hunting,division, includingsubject fishing,to rules of protectedthe wildlifeWildlife otherBoard;] than[(ii) bighave gamethe orappropriate bear.hunting license under this chapter to engage in the activity for which the spotter provides services;

[(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 $375.] [(7)][(7){] (6)(a){(6)} } (a) Notwithstanding a fee amount described in Subsections (4)[,](4){[} and,{] (5)[,and} (5){[} , and (6)](6){]} , the Wildlife Board may increase or decrease the fee amount under this section.section.] [(b) An adjustment made by the Wildlife Board under Subsection {[} (7)(a){] (6)(a)} takes effect when the Legislature adopts the fee schedule in the general session immediately following the adjustment.] [(8)] (7){(6)} The division shall deposit fees collected under this section into the Guide[,] and Outfitter[, and Spotter] Fund created in Section 23A-3-216.

(b)[(9)] An(8){(7)} adjustmentA maderegistration byautomatically theexpires Wildlifeon Boardthe underexpiration Subsectiondate [(7)(a)]shown (6)(a)on takes effect when the Legislatureregistration adoptsunless the feeregistrant schedulerenews in the generalregistration. session immediately following the adjustment.

[(8)][(10)] (7)(9){(8)} TheIn divisionaccordance shallwith depositTitle fees63G, collectedChapter under3, thisUtah sectionAdministrative intoRulemaking Act, the Guide[,]Wildlife andBoard Outfitter[,may andmake Spotter]rules Fundto createdaddress: in Section 23A-3-216.

[(9)] (8) A registration automatically expires on the expiration date shown on the registration unless the registrant renews the registration.

[(10)] (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules to address:

23A-4-120323A-4-1203. .

- 11 - HB0168 compared with HB0168S01 (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 10applicant's -or 02-09registrant's 10:32privilege H.B.to:

168 the applicant's or registrant's privilege to:

(3) [An individual ] A person may not use the title "guide[,]" or "outfitter[,]" [or "spotter" ]]or 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.

- 12 - HB0168 compared with HB0168S01 (b) use false, deceptive, or misleading advertising related to providing services[ as a guide, outfitter, or spotter];

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 11to -the H.B.division during registration or the renewal of registration as a guide[,] or outfitter[, or spotter].

168(5) 02-09(a) 10:32If provided[an toindividual] thea divisionperson duringviolates registrationthis orpart, the renewaldivision ofmay: registration as a guide[,] or outfitter[, or spotter].

(5)(a) If [an individual] a person violates this part, the division may:

23A-4-120423A-4-1204. .

(2) [A person may compensate a guide or] An individual may retain an outfitter to help the [[person person locate and take] individual hunt protected wildlife on public land if:

and - 13 - HB0168 compared with HB0168S01 [(e) subject to Subsection (2)(d), the retained guide or outfitter uses no more than two spotters;

[(3) A registered guide or registered outfitter in good standing may use a spotter if:] -[(a) 12the -guide 02-09or 10:32outfitter H.B.is retained by the recipient of the guide services or outfitting services to assist the recipient to take protected wildlife on public land;

168and] [(a)[(b) the guide or outfitter isdoes retainednot byuse more than the recipientnumber of thespotters 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 servicesor] an outfitter or outfittingwho servicesknowingly to[retains assista thespotter] recipientcompensates toa takeguide protectedin wildlifeviolation onof publicthis land;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.

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.

Section 23A-5-301.58 is enacted to read:

23A-5-301.523A-5-301.5. .

- 14 - HB0168 compared with HB0168S01 (C) contraband;

-(a) 13is -convicted H.B.of:

168 02-09 10:32 (a) is convicted of:

23A-5-30923A-5-309. .

- 15 - HB0168 compared with HB0168S01 (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;

(g) take protected wildlife outside the season dates, location boundaries, and daily time -frames 14established -in 02-09rule, 10:32proclamation, H.B.or order of the Wildlife Board;

168 frames 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 pursuant to ] in accordance with Subsection 23A-2-203(4);

- 16 - HB0168 compared with HB0168S01 (x) operate or participate in a cooperative wildlife management unit as defined in Section 23A-7-101;

or (y)(i)(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 15retaining -a H.B.guide or outfitter in violation of Chapter 4, Part 12, Guide[,] and Outfitter[, and Spotter].

168 02-09 10:32 knowingly retaining a guide or outfitter in violation of Chapter 4, Part 12, Guide[,] and Outfitter[, and Spotter].

23A-5-31223A-5-312. .

or - 17 - HB0168 compared with HB0168S01 (ii) threatened species;

or -(ii) 16deer; - 02-09 10:32 H.B.

168 (ii) deer;

- 18 - HB0168 compared with HB0168S01 (i) turkey;

(4)(a)(4) (a) The court shall order a person convicted of a third degree felony under Subsection -23A-5-311(2)(a) 17(ii) -to H.B.pay restitution in accordance with Subsection (4)(b).

168 02-09 10:32 23A-5-311(2)(a)(ii) to pay restitution in accordance with Subsection (4)(b).

and - 19 - HB0168 compared with HB0168S01 (b) a remedial action taken to revoke or suspend a person's license, permit, tag, or certificate of registration.

Section 23A-5-315.511 is enacted to read:

23A-5-315.523A-5-315.5. .

-(b) 18a -class 02-09A 10:32misdemeanor H.B.for the second violation;

168 (b) a class A misdemeanor for the second violation;

Effective date.

2-17-26 10:16 AM - 1920 -