Terms Used In Utah Code > Title 16 > Chapter 6a > Part 16 - Records, Information, and Reports

• Address: includes :
            (1)(b)(i) a post office box number;
            (1)(b)(ii) a rural free delivery route number; and
            (1)(b)(iii) a street name and number. See Utah Code 16-6a-102
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Aquaculture facility: means the same as that term is defined in Section 4-37-103. See Utah Code 23A-1-101
• Aquatic wildlife: means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. See Utah Code 23A-1-101
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Articles of incorporation: include :
       (3)(a) amended articles of incorporation;
       (3)(b) restated articles of incorporation;
       (3)(c) articles of merger; and
       (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assumed corporate name: means a name assumed for use in this state:
       (4)(a) by a:

            (4)(a)(i) foreign corporation as described in Section 16-10a-1506; or

            (4)(a)(ii) a foreign nonprofit corporation as described in Section 16-6a-1506; and
       (4)(b) because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102
• Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
• board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
• Bylaws: includes :
            (6)(b)(i) amended bylaws; and
            (6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporate name: means :
       (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
       (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
       (13)(c) the name of a foreign corporation as stated in the foreign corporation's:

            (13)(c)(i) articles of incorporation; or

            (13)(c)(ii) document of similar import to articles of incorporation; or
       (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:

            (13)(d)(i) articles of incorporation; or

            (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
• Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Director: means a member of the board of directors. See Utah Code 16-6a-102
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
            (19)(a)(i) members;
            (19)(a)(ii) directors; or
            (19)(a)(iii) officers. See Utah Code 16-6a-102
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
• Division of Law Enforcement: means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. See Utah Code 23A-1-101 v2
• domestic nonprofit corporation: means an entity that:
       (37)(a) is not a foreign nonprofit corporation; and
       (37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
• domicile: means the place:
       (15)(a) where an individual has a fixed permanent home and principal establishment;
       (15)(b) to which the individual if absent, intends to return and has an actual plan, method, and means to return to the individual's domicile within six months;
       (15)(c) in which the individual, and the individual's family voluntarily reside, not for a special or temporary purpose, but with the intention of making a permanent home; and
       (15)(d) is a place where the individual resides for the majority of the individual's time. See Utah Code 23A-1-101
• Donor: The person who makes a gift.
• Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the Department of Natural Resources. See Utah Code 23A-1-101
• Fee fishing facility: means the same as that term is defined in Section 4-37-103. See Utah Code 23A-1-101
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Feral: means an animal that is normally domesticated but has reverted to the wild. See Utah Code 23A-1-101
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Foreign nonprofit corporation: means an entity:
       (28)(a) incorporated under a law other than the laws of this state; and
       (28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
• Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Individual: means :
       (31)(a) a natural person;
       (31)(b) the estate of an incompetent individual; or
       (31)(c) the estate of a deceased individual. See Utah Code 16-6a-102
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Member: includes :
            (34)(b)(i) "voting member"; and
            (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
• Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
• money: means :
            (7)(a)(i) legal tender;
            (7)(a)(ii) a negotiable instrument; or
            (7)(a)(iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
• Natural flowing stream: includes perennial or intermittent water flows in a:
            (26)(b)(i) realigned or modified channel that replaces the historic, natural flowing stream channel; and
            (26)(b)(ii) dredged natural flowing stream channel. See Utah Code 23A-1-101
• Nominating committee: means the Wildlife Board Nominating Committee created in Section 23A-2-302. See Utah Code 23A-1-101
• Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
• Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: means an:
       (40)(a) individual; or
       (40)(b) entity. See Utah Code 16-6a-102
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• Principal office: means :
       (41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

            (41)(a)(i) an annual report;

            (41)(a)(ii) an application for a certificate of authority; or

            (41)(a)(iii) a notice of change of principal office; or
       (41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
• Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:
            (38)(a)(i) are propagated or kept for a private noncommercial purpose; and
            (38)(a)(ii) may be taken without a fishing license. See Utah Code 23A-1-101
• Private stocking: means an authorized release of privately owned, live fish in the waters of the state not eligible as:
       (39)(a) a private fish pond under Section 23A-9-203; or
       (39)(b) an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act. See Utah Code 23A-1-101
• Private wildlife farm: means an enclosed place where privately owned birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
       (40)(a) commingling with wild birds or furbearers; and
       (40)(b) escaping into the wild. See Utah Code 23A-1-101
• Proclamation: means the publication that is:
       (41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
       (41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• Quorum: The number of legislators that must be present to do business.
• Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
       (43)(a) by the domestic or foreign nonprofit corporation at:

            (43)(a)(i) its registered office in this state; or

            (43)(a)(ii) its principal office;
       (43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
       (43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
• Regional advisory council: means a council created under Section 23A-2-303. See Utah Code 23A-1-101
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Short-term fishing event: means an event when:
       (49)(a) privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity; and
       (49)(b) no fee is charged as a requirement to fish. See Utah Code 23A-1-101
• Spotlighting: means throwing or casting the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed. See Utah Code 23A-1-101
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
• Transfer: means a change on the books of a corporation in the registered ownership of a security. See Utah Code 22-5-2
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vote: includes authorization by:
       (55)(a) written ballot; and
       (55)(b) written consent. See Utah Code 16-6a-102
• voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
• Wild: means the natural environment, including a private pond or private property. See Utah Code 23A-1-101
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• Wildlife parts: means biological material derived from the body or anatomy of wildlife, including:
       (63)(a) an antler or horn;
       (63)(b) a hide;
       (63)(c) a bone; or
       (63)(d) meat. See Utah Code 23A-1-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5