Enforcement

Utah Code tit. 23A, ch. 23A-5, pt. 23A-5-P2

in effect

Utah Code § 23A-5-201 Enforcement authority of natural resources officers -- Seizure and disposition of property.

23A-5-201. Enforcement authority of natural resources officers -- Seizure and disposition of property. (1) A natural resources officer shall enforce the provisions of this title in accordance with the same procedures and requirements for a law enforcement officer of this state. (2) (a) Except as provided in Subsection (2)(b), a natural resources officer may seize property or contraband in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property. (b) A natural resources officer shall seize protected wildlife illegally taken or held. (3) (a) If a natural resources officer seizes wildlife as part of an investigation or prosecution of an offense and the wildlife may reasonably be used to incriminate or exculpate a person for the offense, the Division of Law Enforcement is not required to retain the wildlife under Title 77, Chapter 11c, Retention of Evidence. (b) If the Division of Law Enforcement does not retain wildlife under Subsection (3)(a), the Division of Law Enforcement is required to preserve sufficient evidence from the wildlife for use as evidence in the prosecution of a person for the offense. (4) (a) If a natural resources officer seizes wildlife and the wildlife or parts of the wildlife are perishable, the Division of Law Enforcement may donate the wildlife or parts of the wildlife to be used for charitable purposes. (b) If wildlife or parts of the wildlife are perishable and are not fit to be donated for charitable purposes under Subsection (4)(a), the Division of Law Enforcement may dispose of the wildlife or parts of the wildlife in a reasonable manner. (5) (a) If a defendant is convicted of the offense for which protected wildlife is seized and the Division of Law Enforcement is permitted by law to sell or dispose of the protected wildlife, the Division of Law Enforcement may sell or dispose of the protected wildlife or part of the wildlife. (b) The Division of Law Enforcement may not sell migratory wildfowl but the Division of Law Enforcement shall donate the migratory wildfowl to be used for charitable purposes. (c) The Division of Law Enforcement shall deposit the proceeds from the sale of protected wildlife into the Wildlife Resources Account. (6) If the Division of Law Enforcement disposes of wildlife and the defendant is acquitted of the offense for which the wildlife is seized or the entire case for the offense is dismissed, the court may order the Division of Law Enforcement to: (a) provide the owner of the disposed wildlife with wildlife that is reasonably equivalent in value to the disposed wildlife within 180 days after the day on which the court enters the order; or (b) if the Division of Law Enforcement is unable to obtain wildlife that is reasonably equivalent in value to the disposed wildlife, pay the owner of the disposed wildlife for the non-trophy value of the disposed wildlife in accordance with Subsection 23A-5-312(2) within 180 days after the day on which the court enters the order. (7) (a) If a natural resources officer seizes a vehicle under Section 77-11a-201, the Division of Law Enforcement shall store the seized vehicle in a public or private garage, state impound lot, or any other secured storage facility. (b) The Division of Law Enforcement shall release a seized vehicle to the owner no later than 30 days after the day on which the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a person charged with a felony under this title. (c) The owner of a seized vehicle is liable for the payment of any impound fee if: (i) the owner used the vehicle for the unlawful taking or possessing of wildlife; and (ii) the owner is convicted of an offense under this title. (d) The owner of a seized vehicle is not liable for the payment of any impound fee or, if the fees have been paid, is entitled to reimbursement of the fees paid, if: (i) no charges are filed or all charges are dropped that involve the use of the vehicle for the unlawful taking or possessing of wildlife; (ii) the person charged with using the vehicle for the unlawful taking or possessing of wildlife is found by a court to be not guilty; or (iii) the owner did not consent to a use of the vehicle that violates this chapter. Amended by Chapter 80, 2024 General Session

Utah Code § 23A-5-204 Butcher, locker, or storage plant to require proper tag or donation slip -- Taxidermist.

23A-5-204. Butcher, locker, or storage plant to require proper tag or donation slip -- Taxidermist. (1) A butcher or owner or employee of a locker plant or storage plant may not receive for processing or storage the carcass of protected wildlife that by law or regulation is required to be tagged, unless there is a transaction record for the carcass which is that the carcass is: (a) properly tagged; or (b) accompanied with a valid donation slip. (2) A taxidermist shall retain the transaction records for wildlife received, to include: (a) the date and time the wildlife is received; and (b) the license or permit number associated with the wildlife. (3) A person required to retain a transaction record under this section shall: (a) produce the transaction record on the demand of a peace officer; and (b) keep the transaction record for three years from the day on which the person receives or creates the transaction record. Amended by Chapter 347, 2024 General Session

Utah Code § 23A-5-205 Enforcement -- Procedure.

23A-5-205. Enforcement -- Procedure. In enforcing the misdemeanor or felony provisions of this title, a peace officer shall follow Title 53, Chapter 13, Peace Officer Classifications. Renumbered and Amended by Chapter 103, 2023 General Session

Utah Code § 23A-5-206 Search warrants.

23A-5-206. Search warrants. (1) A search warrant may be issued by a magistrate to search for property that may constitute evidence of a violation of this title, rules, or proclamations of the Wildlife Board upon an affidavit of a person. (2) The search warrant shall be directed to a natural resources officer or a peace officer, directing the officer to search for evidence and to bring the evidence before the magistrate. (3) A search warrant may not be issued except upon probable cause supported by oath or affirmation, particularly describing the place, person, or thing to be searched for and the person or thing to be seized. (4) The warrant shall be served in the daytime, unless there is reason to believe that the service of the search warrant is required immediately because a person may: (a) flee the jurisdiction to avoid prosecution or discovery of a violation noted above; (b) destroy or conceal evidence of the commission of a violation; or (c) injure another person or damage property. (5) Notwithstanding Subsection (4), a search warrant may be served at night if: (a) there is reason to believe that a violation may occur at night; or (b) the evidence of the violation may not be available to the officers serving the warrant during the day. Amended by Chapter 80, 2024 General Session

Utah Code § 23A-5-207 Exhibition of license, permit, tag, or device required -- Criminal penalty.

23A-5-207. Exhibition of license, permit, tag, or device required -- Criminal penalty. (1) A person while engaged in an activity regulated under this title, shall exhibit the following at the request of a natural resources officer or other peace officer: (a) the required license, permit, or tag; (b) a device or apparatus in that person's possession used for an activity regulated under this title; or (c) wildlife in that person's possession. (2) A natural resources officer who has a reasonable belief that a person is engaged in an activity regulated under this title may stop and temporarily detain that person to demand and inspect: (a) the required license, permit, or tag; (b) a device or apparatus in that person's possession used for an activity regulated under this title; or (c) wildlife in that person's possession. (3) A person is subject to the penalties of Section 23A-5-301 if the person fails to produce for examination to a natural resources officer or other peace officer any of the required licenses, permits, tags, devices or apparatuses used for an activity regulated under this title or wildlife in that person's possession. Amended by Chapter 80, 2024 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title23A/Chapter5/23A-5-P2.html?v=C23A-5-P2_2023050320230701Fetched: 10/26/2026