Utah Code 23A-5-307. Use of a computer or other device to remotely hunt wildlife prohibited — Trail cameras — Criminal penalty
Current as of: 2024 | Check for updates
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(1) As used in this section, “trail camera” means a device that is not held or manually operated by a person and is capable of capturing images, video, or location data of wildlife using heat or motion to trigger the device.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 23A-5-307
- Division: means the Division of Wildlife Resources. 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
- 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
- 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
- Protected wildlife: means wildlife, except as provided in Subsection (43)(b). 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- 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(2) A person may not use a computer or other device to remotely control the aiming and discharge of a firearm or other weapon for hunting an animal.(3) A person who violates Subsection (2) is guilty of a class A misdemeanor.(4)(4)(a) A trail camera using internal data storage and not capable of transmitting data is permitted for use on private lands for the purposes of taking protected wildlife.(4)(b) A trail camera may not be used to take wildlife on public land during the period beginning on July 31 and ending on December 31.(4)(c) A trail camera is prohibited on public land during the period beginning on July 31 and ending on December 31, except for use by:(4)(c)(i) the division for monitoring or research;(4)(c)(ii) a land management agency in the course of the land management agency’s regular duties;(4)(c)(iii) any of the following conducting research in conjunction with the division:(4)(c)(iii)(A) a non-governmental organization;(4)(c)(iii)(B) an educational institution; or(4)(c)(iii)(C) other person;(4)(c)(iv) monitoring active agricultural operations including the take of a bear or cougar that is causing livestock depredation; or(4)(c)(v) a municipality participating in a program addressing urban deer.(5)(5)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules regulating the use of trail cameras.(5)(b) A person who violates rules made by the Wildlife Board under this Subsection (5) is subject to the penalty provided in Section23A-5-301 .