Endangered Species - Enforcement and Penalties - Utah

(1)

(a) A person may not release or transplant a live terrestrial or aquatic wildlife into the wild:

(i) without a certificate of registration issued by the division authorizing the release; or

(ii) except as provided in this title and rules and regulations established by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(b) The division may only authorize the transplanting of big game, turkeys, wolves, threatened or endangered species, or sensitive species as provided in Section 23-14-21.

(2) Except as provided in Subsection (3), a person who violates Subsection (1) is guilty of a class A misdemeanor.

(3) A person who knowingly and without lawful authority imports, transports, or releases a live species of wildlife that the person knows is listed as threatened or endangered, or is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with the intent to establish the presence of that species in an area of the state not currently known to be occupied by a reproducing population of that species is guilty of a third degree felony.

Citation: U.C.A. 1953 § 23-13-14.

(1) A person is guilty of wanton destruction of protected wildlife if that person:

(a) commits an act in violation of Section 23-13-4, 23-13-5, 23-13-13, 23-15-6 through 23-15-9, 23-16-5, or Subsection 23-20-3(1); 

(b) captures, injures, or destroys protected wildlife; and

(c)

(i) does so with intentional, knowing, or reckless conduct as defined in Section 76-2-103; 

(ii) intentionally abandons protected wildlife or a carcass; 

(iii) commits the offense at night with the use of a weapon; 

(iv) is under a court or division revocation of a license, tag, permit, or certificate of registration; or

(v) acts for pecuniary gain.

(2) Subsection (1) does not apply to actions taken in accordance with:

(a) Title 4, Chapter 14, Utah Pesticide Control Act; 

(b) Title 4, Chapter 23, Agricultural and Wildlife Damage Prevention Act; or

(c) Section 23-16-3.1.

(3) Wanton destruction of wildlife is punishable:

(a) as a third degree felony if:

(i) the aggregate value of the protected wildlife determined by the values in Subsection (4) is more than $500; or

(ii) a trophy animal was captured, injured, or destroyed; 

(b) as a class A misdemeanor if the aggregate value of the protected wildlife, determined by the values established in Subsection (4) is more than $250, but does not exceed $500; and

(c) as a class B misdemeanor if the aggregate value of the protected wildlife determined by the values established in Subsection (4) is $250 or less.

(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:...

(viii) endangered species;

(b) $750 per animal for:...

(ii) threatened species...

(5) For purposes of sentencing for a wildlife violation, a person who has been convicted of a third degree felony under Subsection (3)(a) is not subject to the mandatory sentencing requirements prescribed in Subsection 76-3-203.8(4).

(6) As part of a sentence imposed, the court shall impose a sentence of incarceration of not less than 20 consecutive days for a person convicted of a third degree felony under Subsection (3)(a)(ii) who captured, injured, or destroyed a trophy animal for pecuniary gain.

(7) If a person has already been convicted of a third degree felony under Subsection (3)(a)(ii) once, each separate additional offense under Subsection (3)(a)(ii) is punishable by, as part of a sentence imposed, a sentence of incarceration of not less than 20 consecutive days.

(8) The court may not sentence a person subject to Subsection (6) or (7) to less than 20 consecutive days of incarceration or suspend the imposition of the sentence unless the court finds mitigating circumstances justifying lesser punishment and makes that finding a part of the court record.

Citation: U.C.A. 1953 § 23-20-4.

(1) When a person is adjudged guilty of illegal taking, illegal possession, or wanton destruction of protected wildlife, other than a trophy animal, the court may order the defendant to pay restitution:

(a) as set forth in Subsection (2); or

(b) in a greater or lesser amount than the amount established in Subsection (2).

(2) Suggested minimum restitution values for protected wildlife are as follows:

(a) $1,000 per animal for:...

(viii) endangered species;

(b) $750 per animal for:...

(ii) threatened species...

(3) If the court finds that restitution is inappropriate or if the value imposed is less than the suggested minimum value as provided in Subsection (2), the court shall make the reasons for the decision part of the court record...

(5) Restitution paid under Subsection (4) shall be remitted to the division and deposited in the Wildlife Resources Account...

(7) If restitution is required it shall be in addition to:

(a) a fine or penalty imposed for a violation of any provision of this title; and

(b) a remedial action taken to revoke or suspend a person's license, permit, tag, or certificate of registration.

(8) A judgment imposed under this section constitutes a lien when recorded in the judgment docket and shall have the same effect and is subject to the same rules as a judgment for money in a civil action.

Citation: U.C.A. 1953 § 23-20-4.5.

(1) The division shall contact the service upon discovering a wolf in any area of the state where wolves are listed as threatened or endangered under the Endangered Species Act and request immediate removal of the animal from the state.

(2) The division shall manage wolves to prevent the establishment of a viable pack in all areas of the state where the wolf is not listed as threatened or endangered under the Endangered Species Act until the wolf is completely delisted under the act and removed from federal control in the entire state.

(3) Subsections (1) and (2) do not apply to wolves lawfully held in captivity and restrained.

Citation: U.C.A. 1953 § 23-29-201.