Utah Code 23A-1-204. Spotlighting of coyote, red fox, striped skunk, and raccoon — County ordinances — Permits
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(1) For purposes of a county ordinance enacted pursuant to this section, “motor vehicle” means the same as that term is defined in Section 41-6a-102.
Terms Used In Utah Code 23A-1-204
- 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
- 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
- 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
- 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) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon when allowed by a county ordinance enacted pursuant to this section.
(3) The ordinance shall provide that:
(3)(a) a hunter shall carry the artificial light used to spotlight coyote, red fox, striped skunk, or raccoon;
(3)(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may not be used to spotlight the coyote, red fox, striped skunk, or raccoon; and
(3)(c) while hunting with the use of an artificial light, the hunter may not occupy or operate a motor vehicle.
(4) The ordinance may specify:
(4)(a) the time of day and seasons when spotlighting is permitted;
(4)(b) areas closed or open to spotlighting within the unincorporated area of the county;
(4)(c) safety zones within which spotlighting is prohibited;
(4)(d) the weapons permitted; and
(4)(e) penalties for violation of the ordinance.
(5)
(5)(a) A county may restrict the number of hunters engaging in spotlighting by requiring a permit to spotlight and issuing a limited number of permits.
(5)(b)
(5)(b)(i) A county may charge a fee for a spotlighting permit.
(5)(b)(ii) A county ordinance shall establish the permit fee.
(5)(b)(iii) A county shall remit revenue generated by the permit fee to the division for deposit into the Wildlife Resources Account, except the Wildlife Board may allow a county that enacts an ordinance pursuant to this section to retain a reasonable amount to pay for the costs of administering and enforcing the ordinance if the use of the permit revenues does not affect federal funds received by the state under Wildlife Restoration Act, 16 U.S.C. § 669 et seq., and Sport Fish Restoration Act, 16 U.S.C. § 777 et seq.
(6) A county may require a hunter to notify the county sheriff of the time and place the hunter will be engaged in spotlighting.
(7) The requirement that a county enact an ordinance before a person may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
(7)(a) a person or the person’s agent who is lawfully acting to protect the person’s crops or domestic animals from predation by those animals; or
(7)(b) an animal damage control agent acting in the agent’s official capacity under a memorandum of agreement with the division.