Utah Code 23A-4-201. Possession of licenses, certificates of registration, permits, and tags required — Nonassignability — Exceptions — Nature of licenses, permits, or tags issued by the division
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(1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
Terms Used In Utah Code 23A-4-201
- 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
- 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
- Nonresident: means a person who does not qualify as a resident. 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
- Possession: means actual or constructive possession. See Utah Code 23A-1-101
- Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:(38)(a)(i) are propagated or kept for a private noncommercial purpose; and(38)(a)(ii) may be taken without a fishing license. 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- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
- resident: means a person who:
(47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and(47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. 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
- Short-term fishing event: means an event when:
(49)(a) privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity; and(49)(b) no fee is charged as a requirement to fish. See Utah Code 23A-1-101- Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. 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- Wildlife parts: means biological material derived from the body or anatomy of wildlife, including:
(63)(a) an antler or horn;(63)(b) a hide;(63)(c) a bone; or(63)(d) meat. See Utah Code 23A-1-101(1)(a) procures the necessary licenses, certificates of registration, permits, or tags required under this title, by rule made by the Wildlife Board under this title, or by an order or proclamation; and(1)(b) carries in the person’s possession while engaging in the activities described in Subsection (1) the license, certificate of registration, permit, or tag required under this title, by rule made by the Wildlife Board under this title, or by an order or proclamation.(2) Except as provided in Subsection (3) a person may not:(2)(a) lend, transfer, sell, give, or assign:(2)(a)(i) a license, certificate of registration, permit, or tag belonging to the person; or(2)(a)(ii) a right granted by a license, certificate of registration, permit, or tag; or(2)(b) use or attempt to use a license, certificate of registration, permit, or tag of another person.(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2) to:(3)(a) transport wildlife;(3)(b) allow a person to take protected wildlife for another person if:(3)(b)(i) the person possessing the license, certificate of registration, permit, or tag has a permanent physical impairment due to a congenital or acquired injury or disease; and(3)(b)(ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a disability that renders the person physically unable to use a legal hunting weapon or fishing device;(3)(c) allow a resident or nonresident minor under 18 years old to use the resident or nonresident hunting permit of another person in accordance with Section 23A-4-710; or(3)(d) subject to the requirements of Subsection (4), transfer to another person a certificate of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in connection with the sale or transfer of the brine shrimp harvest operation or harvesting equipment.(4) A person may transfer a certificate of registration to harvest brine shrimp and brine shrimp eggs if:(4)(a) the person submits to the division an application to transfer the certificate on a form provided by the division;(4)(b) the proposed transferee meets the requirements necessary to obtain an original certificate of registration; and(4)(c) the division approves the transfer of the certificate.(5) A person is not required to obtain a license, certificate of registration, permit, or tag to:(5)(a) fish on a free fishing day that the Wildlife Board may establish each year by rule made by the Wildlife Board under this title or by an order or proclamation;(5)(b) fish at a private fish pond operated in accordance with Section 23A-9-203;(5)(c) hunt birds on a commercial hunting area that the owner or operator is authorized to propagate, keep, and release for shooting in accordance with a certificate of registration issued under Section 23A-12-202; or(5)(d) take fish at a short-term fishing event.(6)(6)(a) A license, permit, tag, or certificate of registration issued under this title, or the rules of the Wildlife Board issued pursuant to this title, to take protected wildlife is:(6)(a)(i) a privilege; and(6)(a)(ii) not a right or property for any purpose.(6)(b) A point or other form of credit issued to, or accumulated by, a person under procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a hunting permit in a division-administered drawing:(6)(b)(i) may not be transferred, sold, or assigned to another person; and(6)(b)(ii) is not a right or property for any purpose. - Proclamation: means the publication that is: