§ 23A-5-309 — Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized -- Criminal penalty.

(1) Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a person may not:
(1)(a) take protected wildlife or wildlife parts;
(1)(b) collect, import, possess, transport, propagate, store, donate, transfer, or export protected wildlife or wildlife parts;
(1)(c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or wildlife parts without having previously procured the necessary licenses, permits, tags, federal stamps, certificates of registration, authorizations, and receipts required in this title or a rule, proclamation, or order of the Wildlife Board;
(1)(d) take protected wildlife with a weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(1)(e) possess while in pursuit of protected wildlife a weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(1)(f) take protected wildlife using a method, means, process, or practice not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(1)(g) take protected wildlife outside the season dates, location boundaries, and daily time frames established in rule, proclamation, or order of the Wildlife Board;
(1)(h) take protected wildlife in excess of the bag and possession limits established in rule, proclamation, or order of the Wildlife Board;
(1)(i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule, proclamation, or order of the Wildlife Board, or by executive order of the director pursuant to Subsection 23A-2-203(4);
(1)(j) practice falconry or capture, possess, or use birds in falconry;
(1)(k) take wildlife from an airplane or any other airborne vehicle or device or a motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
(1)(l) hold in captivity at any time any live protected wildlife;
(1)(m) use or permit a dog or other domestic or trained animal to take protected wildlife;
(1)(n) remove, damage, or destroy an occupied nest of protected wildlife;
(1)(o) release captured or captive wildlife into the wild;
(1)(p) use spotlighting to take protected wildlife;
(1)(q) employ or use a means of concealment or camouflage while taking protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
(1)(r) possess or use bait or other attractant to take protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
(1)(s) use a decoy or recorded or electronically amplified call which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
(1)(t) commercially harvest protected wildlife, including brine shrimp and brine shrimp eggs;
(1)(u) use protected wildlife for commercial purposes or financial gain as prohibited by Section 23A-5-304;
(1)(v) enter, establish, or hold a contest or tournament involving the taking of protected wildlife;
(1)(w) operate or participate in a commercial hunting area as described in Section 23A-12-202;
(1)(x) operate or participate in a cooperative wildlife management unit as defined in Section 23A-7-101; or
(1)(y) (1)(y)(i) operate or participate in guide, outfitter, or spotter services or activities in violation of Chapter 4, Part 12, Guide, Outfitter, and Spotter; or
(1)(y)(ii) knowingly retain a guide, outfitter, or spotter in violation of Chapter 4, Part 12, Guide, Outfitter, and Spotter.
(2) Possession of protected wildlife without a valid license, permit, tag, certificate of registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was illegally taken and is illegally held in possession.
(3) A person is subject to the penalty under Section 23A-5-301 if the person:
(3)(a) violates Subsection (1); and
(3)(b) does so with criminal negligence as defined in Subsection 76-2-103(4).

Legislative History

Amended by Chapter 140, 2025 General Session