HB 111 — Wildlife Amendments

(6)(6)(a) (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.

- 7 - HB0111 compared with HB0111S02 (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)(7)(a) (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:

(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- the7 activities- authorizedH.B. by the certificate of registration, and the plea is held in abeyance in accordance with a plea in abeyance agreement;

111 Enrolled Copy perform the activities authorized by the certificate of registration, and the plea is held in abeyance in accordance with a plea in abeyance agreement;

(8)(8)(a) (a) The director shall appoint a qualified person as a hearing officer to perform the adjudicative functions provided in this section.

(9)(9)(a) - 8 - HB0111 compared with HB0111S02 (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.

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

or (iii)- amend8 the- periodEnrolled orCopy typeH.B. of suspension.

111 (iii) amend the period or type of suspension.

Guide and Outfitter 23A-4-1201.23A-4-1201 .

- 9 - HB0111 compared with HB0111S02 (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.

(4)(4)(a) (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)(6)(a) (a) "Outfitting services" means, for hunting protected wildlife on public lands, providing, either directly or through an individual compensated by the outfitter:

(b)- "Outfitting9 services"- doesH.B. not include an activity undertaken by the division or a division employee, associate, volunteer, contractor, or agent under authority granted in this title.

(7)111 (a)Enrolled "PublicCopy lands"(b) means"Outfitting anyservices" landsdoes ownednot byinclude thean Unitedactivity States,undertaken by the state,division or a politicaldivision subdivisionemployee, orassociate, independentvolunteer, entitycontractor, ofor theagent stateunder thatauthority aregranted open to the public for purposes of engaging in athis wildlifetitle. related activity.

(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.

- 10 - HB0111 compared with HB0111S02 (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.

23A-4-1202.23A-4-1202 .

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

and (iii)- pay10 an- annualEnrolled registrationCopy feeH.B. [of] set in accordance with Section 63J-1-504:

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

- 11 - HB0111 compared with HB0111S02 (ii) have the appropriate hunting or fishing license under this chapter to engage in the activity for which the guide provides guide services;

(5)(5)(a) (a) To register as an outfitter, a resident shall:

(ii)(ii)(A) (A) have the appropriate hunting or fishing license under this chapter to engage in the activity for which the outfitter provides [outfitter ] outfitting services;

(ii)(ii)(A) (A) have the appropriate hunting or fishing license under this chapter to engage in- the11 activity- forH.B. which the outfitter provides [outfitter ] outfitting services;

111 Enrolled Copy in the activity for which the outfitter provides [outfitter ] outfitting services;

and - 12 - HB0111 compared with HB0111S02 (iii) pay an annual registration fee [of] set in accordance with Section 63J-1-504:

[(6)[(6)(a) (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)(a) (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.

(b)- a12 prohibited- activityEnrolled underCopy SectionH.B. 23A-4-1203;

111 (b) a prohibited activity under Section 23A-4-1203;

- 13 - HB0111 compared with HB0111S02 Section 9.

23A-4-1203.23A-4-1203 .

(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.

- 14 - HB0111 compared with HB0111S02 (a) engage in an activity that would place a registrant's client's, prospective client's, or third- party's13 safety- atH.B. risk, recognizing the inherent risks associated with hunting wildlife and the activity engaged in being above and beyond those inherent risks;

111 Enrolled Copy 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;

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

23A-4-1204.23A-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:

or - 15 - HB0111 compared with HB0111S02 (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- retains14 the- outfitterEnrolled forCopy aH.B. big game once-in-a-lifetime or limited entry hunt;

111 outfitter retains the outfitter for a big game once-in-a-lifetime or limited entry hunt;

and] [(b) the guide or outfitter does not use more than the number of spotters allowed under Subsections (2)(2)(d) (d) and (e).] [(4)] (3)(3)(a) (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 1123A-5-301.5 is enacted to read:

23A-5-301.5.23A-5-301.5 .

- 16 - HB0111 compared with HB0111S02 (i) acquire one of the following that is being used in a commercial venture:

(A)- a15 necessary- service;H.B.

111 Enrolled Copy (A) a necessary service;

23A-5-309.23A-5-309 .

- 17 - HB0111 compared with HB0111S02 (d) take protected wildlife with a weapon, ammunition, implement, tool, device, or any part- of16 any- ofEnrolled theseCopy notH.B. specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;

111 part of any of these not specifically authorized in this title or a 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);

- 18 - HB0111 compared with HB0111S02 (v) enter, establish, or hold a contest or tournament involving the taking of protected wildlife;

(w)- operate17 or- participateH.B. in a commercial hunting area as described in Section 23A-12-202;

111 Enrolled Copy (w) operate or participate in a commercial hunting area as described in Section 23A-12-202;

or (y)(y)(i) (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];

23A-5-312.23A-5-312 .

- 19 - HB0111 compared with HB0111S02 (b) $1,250 per animal for:

(i)- elk;18 - Enrolled Copy H.B.

111 (i) elk;

- 20 - HB0111 compared with HB0111S02 (j) $30 per pound of antler or shed antler;

and (iii)- sandhill19 crane;- H.B.

111 Enrolled Copy (iii) sandhill crane;

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

- 21 - HB0111 compared with HB0111S02 (a) a fine or penalty imposed for a violation of this title;

Section 1423A-5-315.5 is enacted to read:

23A-5-315.5.23A-5-315.5 .

(1)- As20 used- inEnrolled thisCopy section:H.B.

111 (1) As used in this section:

23A-6-202.23A-6-202 .

- 22 - HB0111 compared with HB0111S02 (3) In the case of a proposed purchase of private property, the division may publish notice after earnest money is paid.

(a)- submit21 a- notificationH.B. of the proposed acquisition to:

111 Enrolled Copy (a) submit a notification of the proposed acquisition to:

Wolf and Grizzly Bear Management Act 23A-15-101.23A-15-101 .

Section 1723A-15-301 is enacted to read:

23A-15-301.Part 3.

Grizzly Bear Management 23A-15-301 .

3.(1) If the division discovers a grizzly bear in an area of the state where grizzly bears are listed as threatened or endangered under the Endangered Species Act, the division shall contact the service and request immediate removal of the grizzly bear from the state.

Grizzly(2) BearThe Managementdivision (1)shall Ifmanage thegrizzly divisionbears discoversto aprevent the establishment of grizzly bearbears in anany area of the state whereuntil the grizzly bearsbear areis listedcompletely asdelisted threatened or endangered under the Endangered Species Act,Act the division shall contact the service and requestremoved immediatefrom removalfederal ofcontrol thein grizzly bear from the entire state.

- 23 - HB0111 compared with HB0111S02 (2) The division shall manage grizzly bears to prevent the establishment of grizzly bears in any area of the state until the grizzly bear is completely delisted under the Endangered Species Act and removed from federal control in the entire state.

Section 1823A-15-302 is enacted to read:

23A-15-302.23A-15-302 .

{Section- 7.22 - Enrolled Copy H.B.

111 Section 57-18-519. is amended to read:

} 57-18-5.

Termination.

(1) [ A] Subject to Subsection (2), a conservation easement may be terminated, in whole or in part, by release, abandonment, merger, nonrenewal, conditions set forth in the instrument creating the conservation easement, or in any other lawful manner in which [easements] an easement may be terminated.

(2) A person may terminate a conservation easement held by the Division of Wildlife Resources, in accordance with this section, in whole or in part, only if:

(a) the Division of Wildlife Resources determines that the conservation values of the conservation easement are no longer met;

and (b) before termination of the conservation easement, the person provides the Division of Wildlife Resources compensation equal to the fair market value of the property that is the subject of the conservation easement, as if the property were unencumbered by the conservation easement, multiplied by the percentage interest held by the Division of Wildlife Resources in the property immediately before termination.

Section 19.

76-11-209.76-11-209 .

(a) discharges[ ]discharges a dangerous weapon:

- 24 - HB0111 compared with HB0111S02 [(b)] (ii) from, upon, or across a highway;

[(d)] (iv) at communications equipment or property of public utilities including [facilities,[ facilities, lines, poles, or devices] a facility, line, pole, or device of transmission or distribution;

or] site, overlook, {golf course, } boat ramp, or developed beach;

(a) notify the Driver License Division of the conviction for purposes of [any{]}[any ]revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi);- 23 - H.B.

and111 (b)Enrolled specifyCopy in53-3-220(1)(a)(xi); court at the time of sentencing the length of the revocation under Subsection 53-3-225(1) (c).

and (b) specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).

- 25 - HB0111 compared with HB0111S02 (b) is an individual listed in Subsections 53-5a-108(1)(a) through (f) and is performing official duties as provided in Section 23A-2-207 or 79-2-704 or as otherwise provided by law;

(ii) at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (5)(c)(5)(c)(i); (i);

Effective date.

3-6-26 4:15 PM - 2624 -