(1)

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 23A-11-502

  • Big game: includes deer, elk, big horn sheep, moose, mountain goats, pronghorn. See Utah Code 23A-11-101
  • Big game byproduct: means those parts of the carcass of a lawfully taken big game animal that are listed in Subsections (2)(a)(i) through (ix):
              (2)(a)(i) bones with less than 1/2 inch of attached muscle tissue;
              (2)(a)(ii) fat, tendons, ligaments, cartilage, and silverskin with less than 1/2 inch attached muscle tissue;
              (2)(a)(iii) muscle tissue damaged by wound channels and within one inch of damaged tissue;
              (2)(a)(iv) head;
              (2)(a)(v) rib and neck meat on deer, pronghorn, mountain goat, and bighorn sheep;
              (2)(a)(vi) antlers and horns;
              (2)(a)(vii) legs below the knee and hock;
              (2)(a)(viii) internal organs; and
              (2)(a)(ix) hide. See Utah Code 23A-11-101
  • Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
  • Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
  • Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
  • fee year: means a one-year period beginning on April 1 and ending on March 31 of the following year. See Utah Code 23A-11-501
  • Financial advantage: means an act through which a person in lawful possession of a protected wildlife carcass uses or disposes of that carcass or carcass parts in a transaction for which the person receives consideration or expects to recover associated costs. 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
  • Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-11-101
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
  • Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. 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.
  • Wild: means the natural environment, including a private pond or private property. 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
     (1)(a) Except as provided in Subsection (1)(f), a person shall obtain a certificate of registration from the division to purchase, acquire, sell, barter, exchange, or trade big game byproduct for financial advantage.
     (1)(b) To obtain a certificate of registration authorizing the purchase, sale, barter, or trade of big game byproduct for financial advantage, the applicant shall:

          (1)(b)(i) operate a licensed meat processing business in compliance with state and local government wild game processing laws; and
          (1)(b)(ii)

               (1)(b)(ii)(A) provide proof of engagement in the sale of big game byproduct before July 1, 2023, and have processed 500 big game animals in three out of the five consecutive calendar years preceding application; or
               (1)(b)(ii)(B) have processed 800 big game animals in three out of the five consecutive calendar years preceding application.
     (1)(c) A person receiving a certificate of registration under this section shall:

          (1)(c)(i) post signage in a conspicuous location of the person’s business indicating the person’s involvement in the program regulated by this section;
          (1)(c)(ii) test incoming deer, elk, and moose carcasses from the following areas for chronic wasting disease:

               (1)(c)(ii)(A) a state or province, other than Utah, where chronic wasting disease has been detected in big game; or
               (1)(c)(ii)(B) a management unit within the state that the division has designated as endemic for chronic wasting disease;
          (1)(c)(iii) subject to Subsection (1)(d), receive a negative test result for chronic wasting disease before selling, bartering, exchanging, or trading big game byproduct from tested carcasses to another person;
          (1)(c)(iv) be subject to reasonable inspections of facilities that process or sell, barter, exchange, or trade big game byproduct and relevant records;
          (1)(c)(v) record and upon request of the division, provide the following for a big game animal received:

               (1)(c)(v)(A) permit holder’s name;
               (1)(c)(v)(B) permit holder’s phone number;
               (1)(c)(v)(C) state or province for which the permit was issued;
               (1)(c)(v)(D) permit number;
               (1)(c)(v)(E) date animal was received by the processing facility;
               (1)(c)(v)(F) species associated with the permit;
               (1)(c)(v)(G) total weight of carcass, in pounds, upon arrival at the processing facility;
               (1)(c)(v)(H) weight of product, in pounds, returned to the hunter; and
               (1)(c)(v)(I) the date the certificate of registration holder submits a deer, elk, or moose carcass for testing for chronic wasting disease;
          (1)(c)(vi) retain records detailed in Subsection (1)(c)(v) for two years;
          (1)(c)(vii) report to the division the total number of pounds of big game byproduct sold, bartered, exchanged, or traded each fee year on or before the April 15 immediately following the last day of that fee year; and
          (1)(c)(viii) at the time the certificate of registration holder submits the report under Subsection (1)(c)(vii), pay a big game byproduct fee in accordance with Section 23A-11-503.
     (1)(d) Notwithstanding Subsection (1)(c)(iii), a certificate of registration holder may sell, barter, exchange, or trade big game byproducts if the big game byproduct is:

          (1)(d)(i) not required to be tested under this section; or
          (1)(d)(ii) required to be tested under this section but a lab result is not provided to the certificate of registration holder within six months from the date the test sample was submitted.
     (1)(e)

          (1)(e)(i) The certificate of registration holder is responsible for the costs associated with laboratory testing for chronic wasting disease of deer, elk, and moose carcasses from out-of-state hunters, except that the certificate of registration holder may pass the cost of testing to the out-of-state hunter that provides the big game byproduct.
          (1)(e)(ii) The division is responsible for the costs associated with laboratory testing for chronic wasting disease for deer, elk, and moose carcasses from hunters within the state, with the costs being paid from the big game byproduct fee collected under this part.
     (1)(f) A person may purchase, acquire, sell, barter, exchange, or trade big game byproduct for financial advantage without a certificate of registration, provided the big game byproduct is:

          (1)(f)(i) processed and individually packaged for the big game byproduct’s intended end use when purchased, acquired, sold, bartered, exchanged, or traded; or
          (1)(f)(ii) otherwise authorized for purchase, sale, offer or possessed for sale, barter, exchange, or trade by statute or administrative rule.
(2) Except as otherwise authorized in this title, rule, or proclamation, a person may not in violation of Section 23A-5-304, purchase, sell, barter, exchange, or trade any other species of lawfully taken protected wildlife or wildlife parts for financial advantage.
(3) A certificate of registration holder agrees to abide by applicable state and federal laws.
(4) For a carcass testing positive for chronic wasting disease under Subsection (1)(c) and that is surrendered to the division by the hunter, the person named on the certificate of registration under this section may donate unclaimed processed wildlife to the client that is reasonably equivalent in value to the product surrendered to the division.

  Previous section
Next section  
 Part 5 Contents