§ 23A-1-202 — Agreement with a tribe.

Utah § 23A-1-202

• Jurisdiction: Utah
• Title 23A: Wildlife Resources Act
• Ch. 23A-1: General Provisions
• Part 23A-1-2: Miscellaneous

Text

(1) As used in this section, "tribe" means a federally recognized:
(1)(a) Indian tribe; or
(1)(b) Indian band.
(2) (2)(a) Subject to the requirements of this section, the governor may enter into an agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting, fishing, or trapping right claim that is:
(2)(a)(i) based on:
(2)(a)(i)(A) a treaty;
(2)(a)(i)(B) an aboriginal right; or
(2)(a)(i)(C) other recognized federal right; and
(2)(a)(ii) on lands located within the state.
(2)(b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection (2)(a) may not exempt a person from the requirements of this title.
(2)(c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a tribe that is a party to the agreement or a member of that tribe from:
(2)(c)(i) Section 23A-4-1110, placing a limit of one of any species during a license year;
(2)(c)(ii) Section 23A-11-202, commencement date of the general deer season;
(2)(c)(iii) a hunter or furharvester education requirement under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;
(2)(c)(iv) an age restriction under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;
(2)(c)(v) paying a fee required under this title to obtain a hunting, fishing, or trapping license or permit;
(2)(c)(vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
(2)(c)(vii) complying with a rule or proclamation of the Wildlife Board if the exemption is not inconsistent with this title.
(2)(d) An agreement permitted under Subsection (2)(a) shall:
(2)(d)(i) be in writing;
(2)(d)(ii) be signed by:
(2)(d)(ii)(A) the governor; and
(2)(d)(ii)(B) the governing body of the tribe that:
(2)(d)(ii)(B)(I) is designated by the tribe; and
(2)(d)(ii)(B)(II) may bind the tribe to the terms of the agreement;
(2)(d)(iii) be conditioned on obtaining any approval required by federal law;
(2)(d)(iv) state the effective date of the agreement;
(2)(d)(v) provide that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute for which an exemption is not authorized under this section; and
(2)(d)(vi) include any accommodation made by the tribe that:
(2)(d)(vi)(A) is agreed to by the tribe;
(2)(d)(vi)(B) is reasonably related to the agreement; and
(2)(d)(vi)(C) concerns the management and use of wildlife resources or habitat.
(2)(e) Before executing an agreement under this Subsection (2), the governor shall consult with:
(2)(e)(i) the division; and
(2)(e)(ii) the chair of the Wildlife Board.
(2)(f) At least 30 days before the agreement under this Subsection (2) is executed, the governor or the governor's designee shall provide a copy of the agreement in the form that the agreement will be executed to:
(2)(f)(i) the chairs of the Native American Legislative Liaison Committee; and
(2)(f)(ii) the Office of Legislative Research and General Counsel.

Legislative History

Amended by Chapter 347, 2024 General Session