Utah Wildlife Hunting and Poaching Attorney

Understanding Utah Wildlife (Fish and Game) Laws

"I was just at the wrong place at the wrong time." That is what we hear so often. Even if you are guilty, you still have valuable rights, and need to call us.

The State of Utah aggressively pursued fish and game (wildlife) crimes, and often lead to people losing their hunting and/or fishing rights for years in many states, and being fined around $8,000 or more.

If you are suspected of these crimes, exercise your right to remain silent!

In Utah, wildlife and animals are regulated under the "Wildlife Resources Code of Utah" – Title 23 of the Utah Code. Chapter 20 sets forth numerous wildlife related offenses, including, among other things, taking, transporting, selling, or purchasing protected wildlife (23-20-3) (class B misdemeanor); wanton destruction of protected wildlife (23-20-4) (class B misdemeanor, up to a third degree felony); and waste of wildlife (23-20-8) (class B misdemeanor by default under 23-13-11).

The laws can be a bit hard to follow, so call us today to protect your rights at 801-364-6454.

Title 23 Chapter 25 of the Utah Code is known as the "Wildlife Violator Compact", and provides reciprocity between participating states as to enforcement of violations and suspensions of licenses. In other words, if you get nailed in Utah, you may not be hunting or fishing for a very long time in many states.

Protected land wildlife means all vertebrate animals living in nature, except feral animals (23-13-2(35)(a), referencing 23-13-2(49)(c)) but specifically does not include coyote, field mouse, gopher, ground squirrel, jack rabbit, muskrat, and raccoon (23-13-2(35)(b)).

A person who is in violation of Utah Code 20-23-3 is guilty of class B misdemeanor. The "criminal intent" for this section is merely criminal negligence, as defined in Utah Code 76-2-103(4).¹

Under 23-20-4(1)(a), a person is guilty of wanton destruction of protected wildlife if that person: holds protected wildlife in captivity (23-13-4); imports, exports, or releases native or exotic wildlife (23-13-5); utilizes protected wildlife for commercial or financial gain (23-13-13); pollutes waters deemed necessary by Wildlife Board for wildlife purposes or containing protected aquatic wildlife and stoneflies, mayflies, dragonflies and damsel flies, water bugs, caddis flies, spongilla flies, and crustaceans – with each each day of pollution constituting a separate offense (23-15-6); takes protected aquatic wildlife or eggs (23-15-7); seines or sells protected aquatic wildlife (23-15-8); possesses or transports protected aquatice wildlife, not including tropical and goldfish species intended for exhibition or commercial purposes (23-15-9); takes more than one species of big game (defined as species of hoofed protected wildlife, (23-13-2(6)) during a license year, regardless of how many licenses or permits are owned (23-16-5); takes, transports, sells, or purchases protected wildlife (23-20-3(1)). To be guilty of wanton destruction of protected wildlife under 23-20-4, that person must also: capture, injure, or destroy protected wildlife (23-20-4(b)), and does so either with (i) intentional, knowing, or reckless abandon as defined in 76-2-103²; (ii) intentionally abandons protected wildlife or carcass; (iii) commits the offense at night with the use of a weapon; (iv) is under court or division revocation of a license, tag, permit, or certificate of registration; or (v) acts for pecuniary gain.

Call us today to protect your rights at 801-364-6454.

The penalties for wanton destruction of wildlife range from a third degree felony to a class B misdemeanor, depending upon the aggregate value of the protected wildlife affected, with the values provided by statute.³

Wanton destruction of wildlife is punishable as a third degree felony if: (i) the aggregate value of the protected wildlife is more that $500; or a trophy animal⁴ was captured, injured or destroyed (23-20-4(3)(a). Wanton destruction of protected wildlife is punishable as a class A misdemeanor if the aggregate value of the protected wildlife is more than $250 but not more than $500 (23-20-4(3)(b)). Wanton destruction of protected wildlife is punishable as a class B misdemeanor of the aggregate value of the protected wildlife is $250 or less (23-20-(4)(3)(c)).

Waste of wildlife

It is important to note that the provisions discussed here all have exceptions to them, such as, for instance, "except as provided in this title or a rule, proclamation, or order of the Wildlife Board…" This means that administrative rules of the wildlife board are important and can come into play depending on the factual scenario. Consider, for example, the 2008 case of Clearfield City v. Hoyer, 2008 UT App 226.

Call us today to protect your rights.

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¹ 76-2-103. Definitions.

A person engages in conduct:

• (4) With criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise in all the circumstances as viewed from the actor's standpoint.

² 76-2-103. Definitions.

A person engages in conduct:

• (1) Intentionally, or with intent or willfully with respect to the nature of his conduct or to a result of his conduct, when it is his conscious objective or desire to engage in the conduct or cause the result.
• (2) Knowingly, or with knowledge, with respect to his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or the existing circumstances. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
• (3) Recklessly with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

³ 23-20-4. Wanton destruction of protected wildlife – Penalties.

• (4) Regardless of the restitution amounts imposed under Subsection 23-20-4.5(2), the following values are assigned to protected wildlife for the purpose of determining the offense for wanton destruction of wildlife:
• (a) $1,000 per animal for: (i) bison; (ii) bighorn sheep; (iii) rocky mountain goat; (iv) moose; (v) bear;
• (vi) peregrine falcon; (vii) bald eagle; or (viii) endangered species;
• (b) $750 per animal for: (i) elk; or (ii) threatened species;
• (c) $500 per animal for: (i) cougar; (ii) golden eagle; (iii) river otter; or (iv) gila monster;
• (d) $400 per animal for: (i) pronghorn antelope; or (ii) deer;
• (e) $350 per animal for bobcat;
• (f) $100 per animal for: (i) swan; (ii) sandhill crane; (iii) turkey; (iv) pelican; (v) loon; (vi) egrets; (vii) herons; (viii) raptors, except those that are threatened or endangered; (ix) Utah milk snake; or (x) Utah mountain king snake;
• (g) $35 per animal for furbearers, except: (i) bobcat; (ii) river otter; and (iii) threatened or endangered species;
• (h) $25 per animal for trout, char, salmon, grayling, tiger muskellunge, walleye, largemouth bass, smallmouth bass, and wiper;
• (i) $15 per animal for game birds, except: (i) turkey; (ii) swan; and (iii) sandhill crane;
• (j) $10 per animal for game fish not listed in Subsection (4)(h);
• (k) $8 per pound dry weight of processed brine shrimp including eggs; and
• (l) $5 per animal for protected wildlife not listed.

⁴ 23-13-2. Definitions.

As used in this title: (46) "Trophy animal" means an animal described as follows:

• (a) deer – any buck with an outside antler measurement of 24 inches or greater;
• (b) elk – any bull with six points on at least one side;
• (c) bighorn, desert, or rocky mountain sheep – any ram with a curl exceeding half curl;
• (d) moose – any bull with at least one antler exceeding five inches in length;
• (e) mountain goat – any male or female;
• (f) pronghorn antelope – any buck with horns exceeding 14 inches; or
• (g) bison – any bull.