Utah Code 23A-1-202. Agreement with a tribe
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(1) As used in this section, “tribe” means a federally recognized:
Terms Used In Utah Code 23A-1-202
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Fishing: means to take fish or crayfish by any means. 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
- 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 individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. 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
- 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.
- Trapping: means taking protected wildlife with a trapping device. 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- 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(1)(a) Indian tribe; or(1)(b) Indian band.(2)(2)(a) Subject to the requirements of this section, the governor may enter into an agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting, fishing, or trapping right claim that is:(2)(a)(i) based on:(2)(a)(i)(A) a treaty;(2)(a)(i)(B) an aboriginal right; or(2)(a)(i)(C) other recognized federal right; and(2)(a)(ii) on lands located within the state.(2)(b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection (2)(a) may not exempt a person from the requirements of this title.(2)(c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a tribe that is a party to the agreement or a member of that tribe from:(2)(c)(i) Section23A-4-1110 , placing a limit of one of any species during a license year;(2)(c)(ii) Section23A-11-202 , commencement date of the general deer season;(2)(c)(iii) a hunter or furharvester education requirement under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;(2)(c)(iv) an age restriction under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;(2)(c)(v) paying a fee required under this title to obtain a hunting, fishing, or trapping license or permit;(2)(c)(vi) obtaining a license or permit required under this title to hunt, trap, or fish; or(2)(c)(vii) complying with a rule or proclamation of the Wildlife Board if the exemption is not inconsistent with this title.(2)(d) An agreement permitted under Subsection (2)(a) shall:(2)(d)(i) be in writing;(2)(d)(ii) be signed by:(2)(d)(ii)(A) the governor; and(2)(d)(ii)(B) the governing body of the tribe that:(2)(d)(ii)(B)(I) is designated by the tribe; and(2)(d)(ii)(B)(II) may bind the tribe to the terms of the agreement;(2)(d)(iii) be conditioned on obtaining any approval required by federal law;(2)(d)(iv) state the effective date of the agreement;(2)(d)(v) provide that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute for which an exemption is not authorized under this section; and(2)(d)(vi) include any accommodation made by the tribe that:(2)(d)(vi)(A) is agreed to by the tribe;(2)(d)(vi)(B) is reasonably related to the agreement; and(2)(d)(vi)(C) concerns the management and use of wildlife resources or habitat.(2)(e) Before executing an agreement under this Subsection (2), the governor shall consult with:(2)(e)(i) the division; and(2)(e)(ii) the chair of the Wildlife Board.(2)(f) At least 30 days before the agreement under this Subsection (2) is executed, the governor or the governor’s designee shall provide a copy of the agreement in the form that the agreement will be executed to:(2)(f)(i) the chairs of the Native American Legislative Liaison Committee; and(2)(f)(ii) the Office of Legislative Research and General Counsel.