23A-2-201. Division of Wildlife Resources -- Limits on authority of political subdivisions -- Adjudicative proceedings -- Official seal.

465 words·~2 min read·/ut/title-23a/chapter-2/23a-2-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2024

(a)There is created the Division of Wildlife Resources within the Department of Natural Resources under the administration and general supervision of the executive director.

(b)The division is the wildlife authority for Utah and is vested with the functions, powers, duties, rights, and responsibilities provided in this title and other law.

(a)Subject to the broad policymaking authority of the Wildlife Board, the division shall protect, propagate, manage, conserve, and distribute protected wildlife throughout the state.

(b)The division is the trustee and custodian of protected wildlife and may initiate civil proceedings, in addition to criminal proceedings provided for in this title, to:

(i)recover damages;

(ii)compel performance;

(iii)compel substitution;

(iv)restrain or enjoin;

(v)initiate any other appropriate action; and

(vi)seek appropriate remedies in the division's capacity as trustee and custodian.

(a)If a political subdivision of the state adopts an ordinance or regulation concerning hunting, fishing, or trapping that conflicts with this title or rules made pursuant to this title, state law prevails.

(b)A community may close areas to hunting for safety reasons after confirmation by the Wildlife Board.

(a)As used in this Subsection (4), "claim involving wildlife" means:

(i)a depredation claim;

(ii)a wildlife damage claim; or

(iii)a nuisance complaint involving wildlife.

(b)Subject to Subsection (4)(c), a political subdivision of the state shall respond to and pay for a claim involving wildlife within the boundaries of the political subdivision, if the political subdivision:

(i)owns or purchases an aggregate amount of more than 500 contiguous acres of land in fee simple on which the political subdivision restricts the division's ability to manage wildlife populations; or

(ii)enacts an ordinance or takes other action that restricts the division's ability to manage wildlife populations within any portion of the political subdivision's boundary.

(c)A political subdivision of the state may not be required to respond to or pay for a claim involving wildlife under Subsection (4)(b) because the political subdivision has enacted a law, rule, or ordinance or taken an action to prohibit the use of firing a firearm within the boundaries of the political subdivision.

(d)The division may not expend state money for a claim listed in Subsection (4)(b) when a political subdivision limits the division's ability to manage wildlife populations on more than 500 contiguous acres of land.

(5)The division shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in the division's adjudicative proceedings.

(6)The division shall adopt an official seal and file an impression and a description of the official seal with the Division of Archives.

Amended by Chapter 347 , 2024 General Session