23-19-1 - Possession of licenses, certificates of registration, permits, and tags required -- Nonassignability -- Exceptions -- Free fishing day.
23-19-1. Possession of licenses, certificates of registration, permits, and tagsrequired -- Nonassignability -- Exceptions -- Free fishing day.
(1) A person may not engage in hunting, trapping, fishing, or seining protected wildlifeor in the sale, trade, or barter of protected wildlife or their parts without first having procured thenecessary licenses, certificates of registration, permits, and tags as provided under this chapterand having at the same time the licenses, certificates of registration, permits, and tags on his orher person, except as provided under Subsection (3).
(2) (a) Except as provided in Subsection (2)(b) a person may not:
(i) lend, transfer, sell, give, or assign licenses, certificates of registration, permits, or tagsbelonging to the person or the rights granted by licenses, certificates of registration, permits, ortags; or
(ii) use or attempt to use a license, certificate of registration, permit, or tag of anotherperson.
(b) The Wildlife Board may make exceptions to the prohibitions specified in Subsection(2)(a) for purposes of:
(i) transporting wildlife;
(ii) taking protected wildlife for a person who has a permanent physical impairment dueto injury or disease, congenital or acquired, which renders the person so severely disabled as tobe physically unable to use a legal hunting weapon or fishing device; or
(iii) transferring a certificate of registration to harvest brine shrimp and brine shrimp eggsto another person, if the certificate is transferred in connection with the sale or transfer of thebrine shrimp harvest operation or the harvesting equipment, subject to the restrictions referred tounder Subsection (2)(c).
(c) (i) A certificate of registration to harvest brine shrimp and brine shrimp eggs may notbe transferred without the approval of the division.
(ii) Application to allow the transfer of a certificate of registration to harvest brineshrimp and brine shrimp eggs shall be made to the division on a form prescribed and furnishedby it.
(iii) The division may grant a transfer of a certificate of registration to harvest brineshrimp and brine shrimp eggs if the proposed transferee meets all the requirements necessary toobtain an original certificate of registration.
(3) No license, certificate of registration, permit, or tag is required to:
(a) fish on a free fishing day which the Wildlife Board may establish each year underrules prescribed by the board;
(b) fish at a private fish pond operated in accordance with Section 23-15-10; or
(c) hunt birds on a commercial hunting area that the owner or operator is authorized topropagate, keep, and release for shooting pursuant to a certificate of registration issued underSection 23-17-6.
Amended by Chapter 69, 2008 General Session