Utah Code 23A-3-207. Wildlife Habitat Account
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(1) There is created a restricted account within the General Fund known as the “Wildlife Habitat Account.”
Terms Used In Utah Code 23A-3-207
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Donor: The person who makes a gift.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
- Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
- Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. 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
- Upland game: means pheasant, quail, partridge, grouse, ptarmigan, mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare. 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(2) The contents of the Wildlife Habitat Account shall consist of:(2)(a) revenue from the sale of licenses, permits, and certificates of registration as provided in Section 23A-3-208;(2)(b) money donated to the division for a purpose specified in Subsection (6); and(2)(c) interest and earnings on account money.(3) The division shall use the revenue from the sale of licenses, permits, and certificates of registration that is deposited to the account pursuant to Section 23A-3-208, after appropriation by the Legislature, as provided in Subsections (4) through (6).(4)(4)(a) The division shall allocate in a fiscal year up to $70,000 or 10% of the annual deposits to the Wildlife Habitat Account, whichever amount is greater, for the development, restoration, and preservation of wetlands that are beneficial to waterfowl.(4)(b) Up to 20% of the money allocated to waterfowl projects may be appropriated by the Legislature for use by a nonprofit conservation organization for wetland development projects within the state that benefit waterfowl.(5)(5)(a) The division shall allocate in a fiscal year up to $230,000 or 10% of the annual deposits to the Wildlife Habitat Account, whichever amount is greater, to upland game projects as follows:(5)(a)(i) the control of predators;(5)(a)(ii) the development, improvement, restoration, or maintenance of critical habitat through the establishment of landowner incentives, cooperative programs, or other means;(5)(a)(iii) the acquisition or preservation of critical habitat;(5)(a)(iv) landowner habitat education and assistance programs;(5)(a)(v) public access to private lands; and(5)(a)(vi) upland game transplant and reintroduction programs.(5)(b) Money allocated to upland game may not be used for the acquisition, development, improvement, restoration, or maintenance of habitat within commercial hunting areas.(5)(c) No more than 5% of the money allocated to upland game may be used for landowner habitat education programs.(5)(d) The division shall use money allocated to upland game for programs and activities relating to upland game species based generally upon the proportion of average annual hunter participation for each species.(5)(e) Projects for which free public access is assured shall receive first priority for funding from money allocated to upland game.(5)(f) Projects for which public access is assured shall receive second priority for funding from money allocated to upland game.(6) The division shall use remaining money in the Wildlife Habitat Account for the following purposes:(6)(a) the enhancement, acquisition, preservation, protection, and management of aquatic and terrestrial wildlife habitat; and(6)(b) to improve access for fishing and hunting.(7) The division shall seek the advice and recommendations of the Habitat Council, created by the division, regarding the expenditure of account money.(8) Donations of money deposited into the Wildlife Habitat Account and interest earned on that money shall be expended:(8)(a) as directed by the donor; and(8)(b) without being appropriated by the Legislature.