HB 168

03-02 09:57  1st Sub. (Buff) H.B. 168
  Rex P. Shipp proposes the following substitute bill:
1Hunting and Fishing Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Rex P. Shipp
  Senate Sponsor: Evan J. Vickers
2
3   LONG TITLE
4   General Description:
5This bill addresses practices related to hunting and fishing.
6   Highlighted Provisions:
7This bill:
8▸ creates the Poaching Mitigation Fund;
9▸ provides for restitution money to be deposited into the Poaching Mitigation Fund for use
10   by the Division of Law Enforcement within the Department of Natural Resources;
11▸ removes references to spotters;
12▸ provides that money in the Guide and Outfitter Fund be used by the Division of Law
13   Enforcement within the Department of Natural Resources;
14▸ removes outdated language related to the Division of Professional Licensing;
15▸ modifies definitions related to guide and outfitter provisions, including the definition of a
16   guide or outfitter;
17▸ modifies fee provisions;
  1st Sub. H.B. 168
18▸ amends under certain circumstances the total number of individuals allowed to provide
19   guide services or outfitting services at a time;
20▸ clarifies the relationship between guides and outfitters and the retention of outfitters;
21▸ addresses unlawful activity of a pilot of an aircraft;
22▸ requires certain reimbursements of investigatory expenses for violations of title;
23▸ modifies provisions related to unlawful taking of protected wildlife related to a guide or
24   outfitter; and
25▸ makes technical and conforming amendments.
26   Money Appropriated in this Bill:
27None
28   Other Special Clauses:
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29None
30   Utah Code Sections Affected:
31   AMENDS:
3223A-3-216, as enacted by Laws of Utah 2025, Chapter 140
3323A-4-1106, as last amended by Laws of Utah 2025, Chapters 173, 208
3423A-4-1201, as enacted by Laws of Utah 2025, Chapter 140
3523A-4-1202, as enacted by Laws of Utah 2025, Chapter 140
3623A-4-1203, as enacted by Laws of Utah 2025, Chapter 140
3723A-4-1204, as enacted by Laws of Utah 2025, Chapter 140
3823A-5-309, as last amended by Laws of Utah 2025, Chapter 140
3923A-5-312, as last amended by Laws of Utah 2024, Chapter 347
40   ENACTS:
4123A-3-217, Utah Code Annotated 1953
4223A-5-301.5, Utah Code Annotated 1953
4323A-5-315.5, Utah Code Annotated 1953
44
45   Be it enacted by the Legislature of the state of Utah:
46Section 1. Section 23A-3-216 is amended to read:
4723A-3-216 . Guide and Outfitter Fund.
48   (1) There is created an expendable special revenue fund known as the "Guide[,] and
49Outfitter[, and Spotter] Fund."
50   (2) The Guide[,] and Outfitter[, and Spotter] Fund shall consist of:
51(a) revenue from fees collected under Section 23A-4-1202;
52(b) money appropriated by the Legislature; and
53(c) interest, dividends, or other income earned on fund money.
54   (3) The [division] Division of Law Enforcement within the department shall use the money
55in the Guide[,] and Outfitter[, and Spotter] Fund to administer Chapter 4, Part 12, Guide[,]
56and Outfitter[, and Spotter].
57Section 2. Section 23A-3-217 is enacted to read:
5823A-3-217 . Poaching Mitigation Fund.
59   (1) There is created an expendable special revenue fund known as the "Poaching Mitigation
60Fund."
61   (2) The Poaching Mitigation Fund shall consist of:
62(a) reimbursement money collected under Section 23A-5-301.5;
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63(b) restitution collected under Section 23A-5-312;
64(c) money appropriated by the Legislature; and
65(d) interest, dividends, or other income earned on fund money.
66   (3) The Division of Law Enforcement within the department shall use the money in the
67Poaching Mitigation Fund for activities and programs to help stop poaching, including:
68(a) educational programs on wildlife crime prevention;
69(b) acquisition and development of wildlife crime detection equipment;
70(c) operation and maintenance of anti-poaching projects; and
71(d) wildlife law enforcement training.
72Section 3. Section 23A-4-1106 is amended to read:
7323A-4-1106 . Suspension of license or permit privileges -- Suspension of
74   certificates of registration.
75   (1) As used in this section:
76(a) "License or permit privileges" means the privilege of applying for, purchasing, and
77exercising the benefits conferred by a license or permit issued by the division.
78(b) "Livestock guardian dog" means the same as that term is defined in Section 76-6-111.
79   (2) A hearing officer, appointed by the division, may suspend a person's license or permit
80privileges if:
81(a) in a court of law, the person:
82(i) is convicted of:
83(A) violating this title or a rule of the Wildlife Board;
84(B) killing or injuring domestic livestock or a livestock guardian dog while
85engaged in an activity regulated under this title;
86(C) violating Section 76-6-111; or
87(D) violating Section 76-11-209 while engaged in an activity regulated under this
88title;
89(ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
90contest to an offense listed in Subsection (2)(a)(i), and the plea is held in
91abeyance; or
92(iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the
93person enters into a diversion agreement which suspends the prosecution of the
94offense; and
95(b) the hearing officer determines the person committed the offense intentionally,
96knowingly, or recklessly, as defined in Section 76-2-103.
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97   (3)(a) The Wildlife Board shall make rules establishing guidelines that a hearing officer
98shall consider in determining:
99(i) the type of license or permit privileges to suspend; and
100(ii) the duration of the suspension.
101(b) The Wildlife Board shall ensure that the guidelines established under Subsection
102(3)(a) are consistent with Subsections (4), (5), and (6).
103   (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a person's
104license or permit privileges according to Subsection (2) for a period of time not to
105exceed:
106(a) seven years for:
107(i) a felony conviction;
108(ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
109held in abeyance [pursuant to ] in accordance with a plea in abeyance agreement; or
110(iii) being charged with an offense punishable as a felony, the prosecution of which is
111suspended [pursuant to ] in accordance with a diversion agreement;
112(b) five years for:
113(i) a class A misdemeanor conviction;
114(ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
115which plea is held in abeyance [pursuant to ] in accordance with a plea in abeyance
116agreement; or
117(iii) being charged with an offense punishable as a class A misdemeanor, the
118prosecution of which is suspended [pursuant to ] in accordance with a diversion
119agreement;
120(c) three years for:
121(i) a class B misdemeanor conviction;
122(ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
123when the plea is held in abeyance according to a plea in abeyance agreement; or
124(iii) being charged with an offense punishable as a class B misdemeanor, the
125prosecution of which is suspended [pursuant to ] in accordance with a diversion
126agreement; and
127(d) one year for:
128(i) a class C misdemeanor conviction;
129(ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
130when the plea is held in abeyance according to a plea in abeyance agreement; or
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131(iii) being charged with an offense punishable as a class C misdemeanor, the
132prosecution of which is suspended according to a diversion agreement.
133   (5) The hearing officer may double a suspension period established in Subsection (4) for
134offenses:
135(a) committed in violation of an existing suspension or revocation order issued by the
136courts, division, or Wildlife Board; or
137(b) involving the unlawful taking of a trophy animal, as defined in Section 23A-1-101.
138   (6)(a) A hearing officer may suspend, according to Subsection (2), a person's license or
139permit privileges for a particular license or permit only once for each single criminal
140episode, as defined in Section 76-1-401.
141(b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
142suspension periods of license or permit privileges of the same type suspended,
143according to Subsection (2), may run consecutively.
144(c) If a hearing officer suspends, according to Subsection (2), license or permit
145privileges of the type that have been previously suspended by a court, a hearing
146officer, or the Wildlife Board and the suspension period has not expired, the
147suspension periods may run consecutively.
148   (7)(a) A hearing officer, appointed by the division, may suspend a person's privilege of
149applying for, purchasing, and exercising the benefits conferred by a certificate of
150registration if:
151(i) the hearing officer determines the person intentionally, knowingly, or recklessly,
152as defined in Section 76-2-103, violated:
153(A) this title;
154(B) a rule or order of the Wildlife Board;
155(C) the terms of a certificate of registration; or
156(D) the terms of a certificate of registration application or agreement; or
157(ii) the person, in a court of law:
158(A) is convicted of an offense that the hearing officer determines bears a
159reasonable relationship to the person's ability to safely and responsibly perform
160the activities authorized by the certificate of registration;
161(B) pleads guilty or no contest to an offense that the hearing officer determines
162bears a reasonable relationship to the person's ability to safely and responsibly
163perform the activities authorized by the certificate of registration, and the plea
164is held in abeyance in accordance with a plea in abeyance agreement; or
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165(C) is charged with an offense that the hearing officer determines bears a
166reasonable relationship to the person's ability to safely and responsibly perform
167the activities authorized by the certificate of registration, and prosecution of the
168offense is suspended in accordance with a diversion agreement.
169(b) A hearing officer shall suspend a certificate of registration for the harvesting of brine
170shrimp eggs, as defined in Section 59-23-3, if the hearing officer determines the
171holder of the certificate of registration has violated Section 59-23-5.
172   (8)(a) The director shall appoint a qualified person as a hearing officer to perform the
173adjudicative functions provided in this section.
174(b) The director may not appoint a division employee who investigates or enforces
175wildlife violations.
176   (9)(a) The courts may suspend, in criminal sentencing, a person's privilege to apply for,
177purchase, or exercise the benefits conferred by a license, permit, or certificate of
178registration.
179(b) The courts shall promptly notify the division of suspension orders or
180recommendations entered.
181(c) The division, upon receiving notification of suspension from the courts, shall prohibit
182the person from applying for, purchasing, or exercising the benefits conferred by a
183license, permit, or certification of registration for the duration and of the type
184specified in the court order.
185(d) The hearing officer shall consider a recommendation made by a sentencing court
186concerning suspension before issuing a suspension order.
187   (10) Before suspension under this section, the division shall give a person:
188(a) written notice of action the division intends to take; and
189(b) an opportunity for a hearing.
190   (11)(a) A person may file an appeal of a hearing officer's decision with the Wildlife
191Board.
192(b) The Wildlife Board shall review the hearing officer's findings and conclusions and
193any written documentation submitted at the hearing.
194(c) The Wildlife Board may:
195(i) take no action;
196(ii) vacate or remand the decision; or
197(iii) amend the period or type of suspension.
198   (12) The division shall suspend and reinstate all hunting, fishing, trapping, and falconry
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199privileges consistent with Chapter 2, Part 5, Wildlife Violator Compact.
200   [(13) Within 30 days after the day on which an individual's privilege to hunt or fish is
201suspended under this title, the division shall report to the Division of Professional
202Licensing the:]
203[(a) identifying information for the individual; and]
204[(b) time period of the suspension.]
205   [(14)] (13) The Wildlife Board may make rules to implement this section in accordance with
206Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
207Section 4. Section 23A-4-1201 is amended to read:
208Part 12. Guide and Outfitter
20923A-4-1201 . Definitions.
210      As used in this part:
211   (1) "Compensation" means anything of economic value in excess of $100 that is paid,
212loaned, granted, given, donated, or transferred to a guide[,] or outfitter[, or spotter] for or
213in consideration of a service, material, or property.
214   (2) "Guide" means an individual who is employed or affiliated with an outfitter and offers
215or provides guide services on public lands for compensation.
216   (3) "Guide services" means to guide, lead, or assist an individual in hunting protected
217wildlife.
218   (4)(a) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill protected
219wildlife or assist in an action described in this Subsection (4).
220(b) "Hunting" includes fishing.
221   (5) "Outfitter" means [an individual who] a person that offers or provides outfitting[ or guide]
222services for compensation to [another] an individual for hunting protected wildlife on
223public lands.
224   (6)(a) "Outfitting services" means, for hunting protected wildlife on public lands,
225providing, either directly or through an individual compensated by the outfitter:
226(i) transportation of people, equipment, supplies, or protected wildlife to or from a
227location;
228(ii) cooking for the participants who are hunting, including fishing;
229(iii) packing, protecting, or supervising services; or
230(iv) guide services.
231(b) "Outfitting services" does not include an activity undertaken by the division or a
232division employee, associate, volunteer, contractor, or agent under authority granted
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233in this title.
234   (7)(a) "Public lands" means any lands owned by the United States, the state, or a
235political subdivision or independent entity of the state that are open to the public for
236purposes of engaging in a wildlife related activity.
237(b) "Public lands" does not include lands owned by the United States, the state, or a
238political subdivision or independent entity of the state that are included in a
239cooperative wildlife management unit under Subsection 23A-7-204(6) [so long as] if
240the guiding and outfitting services furnished by the cooperative wildlife management
241unit are limited to hunting species of wildlife specifically authorized by the division
242in the unit's management plan.
243   (8) "Retain" [or "retained" ]means a written or oral agreement for the delivery of guide
244services or [outfitter] outfitting services between [a guide or] an outfitter and the recipient
245of [those services] the guide services or outfitting services.
246   [(9) "Spotter" means an individual compensated by a guide or outfitter to locate or monitor
247the location of protected wildlife on public land.]
248Section 5. Section 23A-4-1202 is amended to read:
24923A-4-1202 . Registration as guide or outfitter -- Rulemaking.
250   (1) [Beginning July 1, 2025, to] To provide the services of a guide[,] or outfitter[, or spotter
251an individual is required to] a person shall annually obtain a certificate of registration
252with the division under this part.
253   (2) The division shall issue to [an individual who] a person that qualifies under this part a
254certificate to operate as[ a]:
255(a) a guide; or
256(b) an outfitter[; or] .
257[(c) spotter.]
258   (3) The division shall maintain a record of each [individual who] person that is registered
259with the division under this part.
260   (4)(a) To register as a guide, a resident shall:
261(i) submit an application in a form [prescribed by ]the division approves, subject to
262rules of the Wildlife Board;
263(ii) have the appropriate hunting or fishing license under this chapter to engage in the
264activity for which the guide provides guide services; and
265(iii) pay an annual registration fee [of] set in accordance with Section 63J-1-504:
266(A) [$250 if the resident ] for a resident who provides guide services related to the
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267hunting of big game or bear; or
268(B) [$175 if the resident ] for a resident who only provides guide services related
269to the hunting, including fishing, of protected wildlife other than big game or
270bear.
271(b) To register as a guide, a nonresident shall:
272(i) submit an application in a form [prescribed by ]the division approves, subject to
273rules of the Wildlife Board;
274(ii) have the appropriate hunting or fishing license under this chapter to engage in the
275activity for which the guide provides guide services; and
276(iii) pay an annual registration fee [of] set in accordance with Section 63J-1-504:
277(A) [$750 if the nonresident ] for a nonresident who provides guide services
278related to the hunting of big game or bear; or
279(B) [$500 if the nonresident ] for a nonresident who only provides guide services
280related to the hunting, including fishing, of protected wildlife other than big
281game or bear.
282   (5)(a) To register as an outfitter, a resident shall:
283(i) submit an application in a form [prescribed by ]the division approves, subject to
284rules of the Wildlife Board;
285(ii)(A) have the appropriate hunting or fishing license under this chapter to engage
286in the activity for which the outfitter provides [outfitter ] outfitting services; or
287(B) if the outfitter is an entity, have at least one individual designated by the
288outfitter hold the appropriate hunting or fishing license under this chapter to
289engage in the activity for which the outfitter provides outfitting services; and
290(iii) pay an annual registration fee [of] set in accordance with Section 63J-1-504:
291(A) [$500 if the resident ] for a resident that provides services related to the
292hunting of big game or bear; or
293(B) [$350 if the resident ] for a resident that only provides services related to the
294hunting, including fishing, of protected wildlife other than big game or bear.
295(b) To register as an outfitter, a nonresident shall:
296(i) submit an application in a form [prescribed by ]the division approves, subject to
297rules of the Wildlife Board;
298(ii)(A) have the appropriate hunting or fishing license under this chapter to engage
299in the activity for which the outfitter provides [outfitter ] outfitting services; or
300(B) if the outfitter is an entity, have at least one individual designated by the
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301outfitter hold the appropriate hunting or fishing license under this chapter to
302engage in the activity for which the outfitter provides outfitting services; and
303(iii) pay an annual registration fee [of] set in accordance with Section 63J-1-504:
304(A) [$1,500 if the nonresident ] for a nonresident that provides services related to
305the hunting of big game or bear; or
306(B) [$1,000 if the nonresident ] for a nonresident that only provides services
307related to the hunting, including fishing, of protected wildlife other than big
308game or bear.
309   [(6)(a) To register as a spotter, a resident shall:]
310[(i) submit an application in a form prescribed by the division, subject to rules of the
311Wildlife Board;]
312[(ii) have the appropriate hunting license under this chapter to engage in the activity
313for which the spotter provides services; and]
314[(iii) pay an annual registration fee of $125.]
315[(b) To register as a spotter, a nonresident shall:]
316[(i) submit an application in a form prescribed by the division, subject to rules of the
317Wildlife Board;]
318[(ii) have the appropriate hunting license under this chapter to engage in the activity
319for which the spotter provides services; and]
320[(iii) pay an annual registration fee of $375.]
321   [(7)(a) Notwithstanding a fee amount described in Subsections (4), (5), and (6), the
322Wildlife Board may increase or decrease the fee amount under this section.]
323[(b) An adjustment made by the Wildlife Board under Subsection (7)(a) takes effect
324when the Legislature adopts the fee schedule in the general session immediately
325following the adjustment.]
326   [(8)] (6) The division shall deposit fees collected under this section into the Guide[,] and
327Outfitter[, and Spotter] Fund created in Section 23A-3-216.
328   [(9)] (7) A registration automatically expires on the expiration date shown on the
329registration unless the registrant renews the registration.
330   [(10)] (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
331the Wildlife Board may make rules to address:
332(a) the form of an application submitted under this section;
333(b) a prohibited activity under Section 23A-4-1203; or
334(c) an operation of a guide[,] or outfitter[, or spotter] regulated under Section
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33523A-4-1204.
336Section 6. Section 23A-4-1203 is amended to read:
33723A-4-1203 . Grounds for denial or revoking of registration -- Prohibited
338   activities.
339   (1) The division shall refuse to register an applicant, refuse to renew, or revoke the
340certificate of registration of a registrant during the time period that the division suspends
341the applicant's or registrant's privilege to:
342(a) hunt, if the applicant or registrant provides services requiring registration under this
343part related to hunting; or
344(b) fish, if the applicant or registrant provides services requiring registration under this
345part related to fishing.
346   (2) If the division suspends the privilege to hunt or fish under this title of the chief
347executive officer of an outfitter under which an applicant or registrant provides guide
348services[,] or outfitting services[, or spotting services]:
349(a) during the time period that the division suspends the chief executive officer's
350privilege to hunt[ is suspended], the division shall:
351(i) refuse to issue a registration to the applicant for services requiring registration
352under this part related to hunting; and
353(ii) refuse to renew or shall revoke the registration of the registrant for services
354requiring registration under this part related to hunting; and
355(b) during the time period that the division suspends the chief executive officer's
356privilege to fish[ is suspended], the division shall:
357(i) refuse to issue a registration to the applicant for services requiring registration
358under this part related to fishing; and
359(ii) refuse to renew or shall revoke the registration of the registrant for services
360requiring registration under this part related to fishing.
361   (3) [An individual ] A person may not use the title "guide[,]" or "outfitter[,]" [or "spotter" ]
362or any other title or designation to indicate that the [individual] person is a guide[,] or
363outfitter[, or spotter] or acting as a guide[,] or outfitter[, or spotter] unless the[ individual]
364person is registered as a guide[,] or outfitter[, or spotter] under this part.
365   (4) [An individual] A person may not:
366(a) engage in an activity that would place a registrant's client's, prospective client's, or
367third party's safety at risk, recognizing the inherent risks associated with hunting
368wildlife and the activity engaged in being above and beyond those inherent risks;
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369(b) use false, deceptive, or misleading advertising related to providing services[ as a
370guide, outfitter, or spotter];
371(c) misrepresent services, outcomes, facilities, equipment, or fees to a client or
372prospective client; or
373(d) fail to provide the division with active and current contact information within 30
374days of any change to the registrant's contact information [that was] the registrant
375provided to the division during registration or the renewal of registration as a guide[,]
376or outfitter[, or spotter].
377   (5)(a) If [an individual] a person violates this part, the division may:
378(i) revoke the certificate of registration of the [individual] person; and
379(ii) suspend the individual's privilege to hunt or fish under this title.
380(b) [An individual who] A person that violates Subsection (3) or (4) is guilty of a class B
381misdemeanor in accordance with Section 23A-5-301.
382Section 7. Section 23A-4-1204 is amended to read:
38323A-4-1204 . Operations of a guide or outfitter -- Limits on retaining outfitter or
384   compensating a guide.
385   (1) Except as provided in Subsections (2) and (3), a person may not compensate [an
386individual] another person to provide guide services[,] or outfitting services[, or spotting
387services] in connection with or in furtherance of [taking] hunting protected wildlife on
388public land.
389   (2) [A person may compensate a guide or] An individual may retain an outfitter to help the [
390person locate and take] individual hunt protected wildlife on public land if:
391(a) [the guide or outfitter is] the persons providing guide services or outfitting services are
392registered and in good standing under this part;
393(b) the [person has retained the guide or ] individual who retains the outfitter [and ]is the
394recipient of the guide services or outfitting services;
395[(c) the person possesses the licenses and permits required to take protected wildlife;]
396[(d)] (c) subject to Subsection (4), in total the number of individuals providing services
397requiring registration under this part does not exceed:
398(i) two individuals; or
399(ii) three individuals, if [a guide or outfitter is retained for purposes of taking a
400moose, bison, bighorn sheep, or mountain goat] the individual who retains the
401outfitter retains the outfitter for a big game once-in-a-lifetime or limited entry hunt;
402and
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403[(e) subject to Subsection (2)(d), the retained guide or outfitter uses no more than two
404spotters; and]
405[(f)] (d) the [person] individual who retains the [guide or ]outfitter is not simultaneously
406using another[ guide or] outfitter to assist in [taking] hunting the same species and sex
407of protected wildlife.
408   [(3) A registered guide or registered outfitter in good standing may use a spotter if:]
409[(a) the guide or outfitter is retained by the recipient of the guide services or outfitting
410services to assist the recipient to take protected wildlife on public land; and]
411[(b) the guide or outfitter does not use more than the number of spotters allowed under
412Subsections (2)(d) and (e).]
413   [(4)] (3)(a) A person [who] that knowingly retains [an individual] a person that is not
414registered under this part as [a guide or] an outfitter or who knowingly [retains a
415spotter] compensates a guide in violation of this section is guilty of a class B
416misdemeanor, except that, notwithstanding Section 76-3-204, a court may not
417sentence the person to imprisonment or probation.
418(b) The division may suspend [a person's] an individual's privilege to hunt or fish under
419this title if the [person] individual knowingly retains [an individual] a person that is
420not registered under this part as [a guide or] an outfitter or knowingly [retains a spotter]
421compensates a guide in violation of this section.
422   (4) The limitations of Subsection (2)(c) do not apply to an individual compensated by an
423outfitter to perform tasks that are not associated with hunting of protected wildlife on
424public land, including an individual who:
425(a) does not provide guide services or outfitting services; or
426(b) assists after the protected wildlife is tagged in accordance with Section 23A-4-709.
427Section 8. Section 23A-5-301.5 is enacted to read:
42823A-5-301.5 . Reimbursement of investigation operational expenses.
429   (1) As used in this section:
430(a) "Contraband" means a property, item, or substance that is unlawful to produce or to
431possess under state or federal law.
432(b) "Operational expense" means money expended by the Division of Law Enforcement
433to:
434(i) acquire one of the following that is being used in a commercial venture:
435(A) a necessary service;
436(B) a necessary authorization;
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437(C) contraband; or
438(D) property unlawfully possessed by a person; and
439(ii) further or sustain an ongoing investigation, including an expense for a covert
440activity.
441   (2) A person shall reimburse the Division of Law Enforcement for an operational expense
442from an investigation when the person in a court of law:
443(a) is convicted of:
444(i) unlawful taking, unlawful possession, or wanton destruction of protected wildlife
445under this title;
446(ii) a violation of Chapter 4, Part 12, Guide and Outfitter; or
447(iii) a violation of Subsection 23A-5-309(1)(y);
448(b) enters into a plea in abeyance agreement, in which the person pleads guilty or no
449contest to an offense listed in Subsection (2)(a), and the plea is held in abeyance; or
450(c) is charged with committing an offense listed in Subsection (2)(a), and the person
451enters into a diversion agreement that suspends the prosecution of the offense.
452   (3) The Division of Law Enforcement shall document an operational expense from an
453investigation.
454   (4) The Division of Law Enforcement shall deposit money collected under this section into
455the Poaching Mitigation Fund created in Section 23A-3-217.
456Section 9. Section 23A-5-309 is amended to read:
45723A-5-309 . Taking, transporting, selling, purchasing, or engaging in activities
458   related to protected wildlife illegal except as authorized -- Criminal penalty.
459   (1) Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a
460person may not:
461(a) take protected wildlife or wildlife parts;
462(b) collect, import, possess, transport, propagate, store, donate, transfer, or export
463protected wildlife or wildlife parts;
464(c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or wildlife
465parts without having previously procured the necessary licenses, permits, tags,
466federal stamps, certificates of registration, authorizations, and receipts required in this
467title or a rule, proclamation, or order of the Wildlife Board;
468(d) take protected wildlife with a weapon, ammunition, implement, tool, device, or any
469part of any of these not specifically authorized in this title or a rule, proclamation, or
470order of the Wildlife Board;
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471      (e) possess while in pursuit of protected wildlife a weapon, ammunition, implement,
472tool, device, or any part of any of these not specifically authorized in this title or a
473rule, proclamation, or order of the Wildlife Board;
474      (f) take protected wildlife using a method, means, process, or practice not specifically
475authorized in this title or a rule, proclamation, or order of the Wildlife Board;
476      (g) take protected wildlife outside the season dates, location boundaries, and daily time
477frames established in rule, proclamation, or order of the Wildlife Board;
478      (h) take protected wildlife in excess of the bag and possession limits established in rule,
479proclamation, or order of the Wildlife Board;
480      (i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule,
481proclamation, or order of the Wildlife Board, or by executive order of the director [
482pursuant to ] in accordance with Subsection 23A-2-203(4);
483      (j) practice falconry or capture, possess, or use birds in falconry;
484      (k) take wildlife from an airplane or any other airborne vehicle or device or a motorized
485terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
486      (l) hold in captivity at any time any live protected wildlife;
487      (m) use or permit a dog or other domestic or trained animal to take protected wildlife;
488      (n) remove, damage, or destroy an occupied nest of protected wildlife;
489      (o) release captured or captive wildlife into the wild;
490      (p) use spotlighting to take protected wildlife;
491      (q) employ or use a means of concealment or camouflage while taking protected wildlife
492which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
493      (r) possess or use bait or other attractant to take protected wildlife which is prohibited in
494this title or a rule, proclamation, or order of the Wildlife Board;
495      (s) use a decoy or recorded or electronically amplified call which is prohibited in this
496title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
497      (t) commercially harvest protected wildlife, including brine shrimp and brine shrimp
498eggs;
499      (u) use protected wildlife for commercial purposes or financial gain as prohibited by
500Section 23A-5-304;
501      (v) enter, establish, or hold a contest or tournament involving the taking of protected
502wildlife;
503      (w) operate or participate in a commercial hunting area as described in Section
50423A-12-202;
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505(x) operate or participate in a cooperative wildlife management unit as defined in
506Section 23A-7-101; or
507(y)(i) [operate or participate in guide, outfitter, or spotter ] take protected wildlife
508while operating or participating in guide or outfitter services or activities in
509violation of Chapter 4, Part 12, Guide[,] and Outfitter[, and Spotter]; or
510(ii) [knowingly retain a guide, outfitter, or spotter ] take protected wildlife while
511knowingly retaining a guide or outfitter in violation of Chapter 4, Part 12, Guide[,]
512and Outfitter[, and Spotter].
513   (2) Possession of protected wildlife without a valid license, permit, tag, certificate of
514registration, bill of sale, or invoice is prima facie evidence that the protected wildlife
515was illegally taken and is illegally held in possession.
516   (3) A person is subject to the penalty under Section 23A-5-301 if the person:
517(a) violates Subsection (1); and
518(b) does so with criminal negligence as defined in Subsection 76-2-103(4).
519Section 10. Section 23A-5-312 is amended to read:
52023A-5-312 . Restitution -- Disposition of money.
521   (1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton
522destruction of protected wildlife, other than a trophy animal, the court may order the
523defendant to pay restitution:
524(a) as set forth in Subsection (2); or
525(b) in a greater or lesser amount than the amount established in Subsection (2).
526   (2) Suggested minimum restitution values for protected wildlife are as follows:
527(a) $1,500 per animal for:
528(i) bison;
529(ii) bighorn sheep;
530(iii) rocky mountain goat;
531(iv) moose;
532(v) bear;
533(vi) peregrine falcon;
534(vii) bald eagle; or
535(viii) endangered species;
536(b) $1,250 per animal for:
537(i) elk; or
538(ii) threatened species;
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539      (c) $750 per animal for:
540(i) golden eagle;
541(ii) river otter; or
542(iii) gila monster;
543      (d) $600 per animal for:
544(i) pronghorn antelope; or
545(ii) deer;
546      (e) $525 per animal for:
547(i) cougar; or
548(ii) bobcat;
549      (f) $150 per animal for:
550(i) swan;
551(ii) sandhill crane;
552(iii) turkey;
553(iv) pelican;
554(v) loon;
555(vi) egrets;
556(vii) herons;
557(viii) raptors, except those that are threatened or endangered;
558(ix) Utah milk snake; or
559(x) Utah mountain king snake;
560      (g) $150 per horn;
561      (h) $53 per animal for furbearers, except:
562(i) bobcat;
563(ii) river otter; and
564(iii) threatened or endangered species;
565      (i) $38 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye,
566largemouth bass, smallmouth bass, and wiper;
567      (j) $30 per pound of antler or shed antler;
568      (k) $23 per animal for game birds, except:
569(i) turkey;
570(ii) swan; and
571(iii) sandhill crane;
572      (l) $15 per animal for game fish not listed in Subsection (2)(i);
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573(m) $12 per pound dry weight of processed brine shrimp including eggs; and
574(n) $8 per animal for protected wildlife not listed.
575   (3) If the court finds that restitution is inappropriate or if the value imposed is less than the
576suggested minimum value as provided in Subsection (2), the court shall make the
577reasons for the decision part of the court record.
578   (4)(a) The court shall order a person convicted of a third degree felony under Subsection
57923A-5-311(2)(a)(ii) to pay restitution in accordance with Subsection (4)(b).
580(b) The minimum restitution value for a trophy animal is as follows:
581(i) $45,000 per animal for bighorn, desert, or rocky mountain sheep;
582(ii) $12,000 per animal for deer;
583(iii) $12,000 per animal for elk;
584(iv) $9,000 per animal for moose or mountain goat;
585(v) $9,000 per animal for bison; and
586(vi) $3,000 per animal for pronghorn antelope.
587   (5) Restitution paid under [Subsection (4) shall be remitted to the division and deposited in
588the Wildlife Resources Account] this section is to be deposited into the Poaching
589Mitigation Fund created in Section 23A-3-217.
590   [(6) The division shall use restitution money for activities and programs to help stop
591poaching, including:]
592[(a) educational programs on wildlife crime prevention;]
593[(b) acquisition and development of wildlife crime detection equipment;]
594[(c) operation and maintenance of anti-poaching projects; and]
595[(d) wildlife law enforcement training.]
596   [(7)] (6) If restitution is required, restitution shall be in addition to:
597(a) a fine or penalty imposed for a violation of this title; and
598(b) a remedial action taken to revoke or suspend a person's license, permit, tag, or
599certificate of registration.
600   [(8)] (7) A judgment imposed under this section constitutes a lien when recorded in the
601judgment docket and shall have the same effect and is subject to the same rules as a
602judgment for money in a civil action.
603Section 11. Section 23A-5-315.5 is enacted to read:
60423A-5-315.5 . Unlawful activity by a pilot.
605   (1) As used in this section:
606(a) "Aircraft" means an airplane or Ŝ→ [other airborne vehicle or device.]
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606a  helicopter. ←Ŝ
607(b) "Pilot" means an individual who operates the controls of an aircraft while in flight.
608    (2) A pilot may not knowingly, intentionally, or recklessly operate an aircraft if the
609operation results in a person taking, including locating, wildlife from the aircraft in
610violation of Section 23A-5-315.
611    (3) A violation of Subsection (2) is:
612(a) a class B misdemeanor for the first violation;
613(b) a class A misdemeanor for the second violation; or
614(c) a third degree felony for a third or subsequent violation.
615    (4) If a pilot violates this section, the division may revoke a license, tag, certificate of
616registration, or permit held by the pilot in accordance with Section 23A-4-1106.
617Section 12. Effective Date.
618    This bill takes effect on May 6, 2026.
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