(1) As used in this section:

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Terms Used In Utah Code 23A-11-204

  • Big game: includes deer, elk, big horn sheep, moose, mountain goats, pronghorn. See Utah Code 23A-11-101
  • 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
  • Hunting guide: means the same as that term is defined in Section 58-79-102. 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
  • Outfitter: means the same as that term is defined in Section 58-79-102. 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
  • 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
  • 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
     (1)(a) “Compensate” or “compensated” means anything of value in excess of $25 that is paid, loaned, given, granted, donated, or transferred to a person for or in consideration of locating or monitoring the location of big game animals.
     (1)(b) “Retain” or “retained” means a written or oral agreement for the delivery of outfitting services or hunting guide services between an outfitter or hunting guide and the recipient of those services.
(2) Except as provided in Subsections (3) and (4), a person may not compensate another person to locate or monitor the location of big game animals on public land in connection with or furtherance of taking a big game animal under this title.
(3) A person may compensate a registered outfitter or hunting guide to help the person locate and take a big game animal on public land if:

     (3)(a) the outfitter or hunting guide is registered and in good standing under Title 58, Chapter 79, Hunting Guides and Outfitters Registration Act;
     (3)(b) the person has retained the outfitter or hunting guide and is the recipient of the outfitting services and hunting guide services, as defined in Section 58-79-102;
     (3)(c) the person possesses the licenses and permits required to take a big game animal;
     (3)(d) the person retains and uses not more than one outfitter or hunting guide in connection with taking a big game animal; and
     (3)(e) the retained outfitter or hunting guide uses no more than one compensated individual in locating or monitoring the location of big game animals on public land.
(4) A registered outfitter or registered hunting guide in good standing may compensate another person to locate or monitor the location of big game animals on public land if:

     (4)(a) the outfitter or hunting guide has been retained by the recipient of the outfitting services or hunting guide services to assist the recipient take a big game animal on public land;
     (4)(b) the recipient possesses the licenses and permits required to take a big game animal;
     (4)(c) the recipient is not simultaneously using another outfitter or hunting guide to assist in taking the same species and sex of big game animal; and
     (4)(d) the outfitter or hunting guide compensates not more than one other individual to locate or monitor the location of big game animals in connection with assisting the recipient take a big game animal on public land.
(5) A violation of:

     (5)(a) this section constitutes an unlawful take under Section 23A-5-309; and
     (5)(b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502, and 58-79-501.