Utah Code 23A-5-309. Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized — Criminal penalty
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(1) Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a person may not:
Terms Used In Utah Code 23A-5-309
- 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
- Director: means the director of the division appointed under Section
23A-2-202 . See Utah Code 23A-1-101 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Possession: means actual or constructive possession. 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
- 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
- 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- Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
- 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- 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) take protected wildlife or wildlife parts;(1)(b) collect, import, possess, transport, propagate, store, donate, transfer, or export protected wildlife or wildlife parts;(1)(c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or wildlife parts without having previously procured the necessary licenses, permits, tags, federal stamps, certificates of registration, authorizations, and receipts required in this title or a rule, proclamation, or order of the Wildlife Board;(1)(d) take protected wildlife with a weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;(1)(e) possess while in pursuit of protected wildlife a weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;(1)(f) take protected wildlife using a method, means, process, or practice not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;(1)(g) take protected wildlife outside the season dates, location boundaries, and daily time frames established in rule, proclamation, or order of the Wildlife Board;(1)(h) take protected wildlife in excess of the bag and possession limits established in rule, proclamation, or order of the Wildlife Board;(1)(i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule, proclamation, or order of the Wildlife Board, or by executive order of the director pursuant to Subsection 23A-2-203(4);(1)(j) practice falconry or capture, possess, or use birds in falconry;(1)(k) take wildlife from an airplane or any other airborne vehicle or device or a motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;(1)(l) hold in captivity at any time any live protected wildlife;(1)(m) use or permit a dog or other domestic or trained animal to take protected wildlife;(1)(n) remove, damage, or destroy an occupied nest of protected wildlife;(1)(o) release captured or captive wildlife into the wild;(1)(p) use spotlighting to take protected wildlife;(1)(q) employ or use a means of concealment or camouflage while taking protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;(1)(r) possess or use bait or other attractant to take protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;(1)(s) use a decoy or recorded or electronically amplified call which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;(1)(t) commercially harvest protected wildlife, including brine shrimp and brine shrimp eggs;(1)(u) use protected wildlife for commercial purposes or financial gain as prohibited by Section 23A-5-304;(1)(v) enter, establish, or hold a contest or tournament involving the taking of protected wildlife;(1)(w) operate or participate in a commercial hunting area as described in Section 23A-12-202; or(1)(x) operate or participate in a cooperative wildlife management unit as defined in Section 23A-7-101.(2) Possession of protected wildlife without a valid license, permit, tag, certificate of registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was illegally taken and is illegally held in possession.(3) A person is subject to the penalty under Section 23A-5-301 if the person:(3)(a) violates Subsection (1); and(3)(b) does so with criminal negligence as defined in Subsection 76-2-103(4).