Terms Used In Utah Code > Title 23A > Chapter 12 - Birds in General

• Articles of incorporation: include :
       (4)(a) amended and restated articles of incorporation;
       (4)(b) articles of merger; and
       (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
• Association: means two or more operators organized to receive notification of excavation activities in the state, as provided by Section 54-8a-9. See Utah Code 54-8a-2
• Business hours: means the hours between 8:00 a. See Utah Code 54-8a-2
• Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
• 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
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Electronic positive response system: means an automated information system, operated by the association, that allows excavators, locators, operators, and others to communicate the status of an excavation notice. See Utah Code 54-8a-2
• Emergency: means an occurrence or suspected natural gas leak necessitating immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. See Utah Code 54-8a-2
• 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.
• excavation: means an operation in which earth, rock, or other material on or below the ground is moved or displaced by tools, equipment, explosives, or demolition. See Utah Code 54-8a-2
• Excavation notice: means a communication that:
       (8)(a) has a location request assignment;
       (8)(b) provides notice of a person's intent to excavate in a specified location in the state; and
       (8)(c) meets the requirements of Section 54-8a-4. See Utah Code 54-8a-2
• Excavator: means any person that excavates or conducts excavation activities. See Utah Code 54-8a-2
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Location: means the site of a proposed area of excavation described:
       (13)(a)

            (13)(a)(i) by street address, if available;

            (13)(a)(ii) by the area at that street address to be excavated; and

            (13)(a)(iii) as specified in Subsection 54-8a-4(3) or 54-8a-5(2)(b)(ii); or
       (13)(b) if there is no street address available, by the area of excavation using any available designations, including a nearby street or road, an intersection, GPS coordinates, or other generally accepted methods. See Utah Code 54-8a-2
• Mark: means to locate and indicate the existence of a line or facility according to the guidelines published by the association in the association's current version of the excavator's guide. See Utah Code 54-8a-2
• Operator: means a person that owns, operates, or maintains an underground facility. See Utah Code 54-8a-2
• Outfitter: means the same as that term is defined in Section 58-79-102. 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: includes :
       (19)(a) an individual, government entity, corporation, partnership, association, or company; and
       (19)(b) the trustee, receiver, assignee, and personal representative of a person listed in Subsection (19)(a). See Utah Code 54-8a-2
• 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
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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
• 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
• Sewer lateral cleanout: means a point of access where a sewer lateral can be serviced. See Utah Code 54-8a-2
• Shareholder: means :
            (34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
            (34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
• 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
• Tolerance zone: means the area surrounding a facility that:
       (21)(a) for an underground facility that has the diameter of the facility marked, is the distance of one half of the marked diameter plus 24 inches on either side of the designated center;
       (21)(b) for an underground facility that does not have the diameter of the facility marked, is 24 inches on either side of the outside edge of the mark indicating a facility; or
       (21)(c) for an above ground facility, is 24 inches in each direction of the outside edge of the physically present facility. See Utah Code 54-8a-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Underground facility: means personal property that is buried or placed below ground level for use in the storage or conveyance of any of the following:
       (23)(a) water;
       (23)(b) sewage, including sewer laterals;
       (23)(c) communications, including electronic, photonic, telephonic, or telegraphic communications;
       (23)(d) television, cable television, or other telecommunication signals, including transmission to subscribers of video or other programming;
       (23)(e) electric power;
       (23)(f) oil, gas, or other fluid and gaseous substances;
       (23)(g) steam;
       (23)(h) slurry; or
       (23)(i) dangerous materials or products. See Utah Code 54-8a-2
• Waterfowl management area: includes the Willard Spur Waterfowl Management Area and the Harold Crane Waterfowl Management Area described in Section 23A-6-403. See Utah Code 23A-12-301
• 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
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5