Part 1 General Provisions 13-38a-101 – 13-38a-102
Part 2 Financial Transaction Card Receipts 13-38a-201 – 13-38a-203

Terms Used In Utah Code > Title 13 > Chapter 38a

  • Activity regulated under this title: means an act, attempted act, or activity prohibited or regulated under this title or the rules, and proclamations promulgated under this title pertaining to protected wildlife including:
    (a) fishing;
    (b) hunting;
    (c) trapping;
    (d) taking;
    (e) permitting any dog, falcon, or other domesticated animal to take;
    (f) transporting;
    (g) possessing;
    (h) selling;
    (i) wasting;
    (j) importing;
    (k) exporting;
    (l) rearing;
    (m) keeping;
    (n) using as a commercial venture; and
    (o) releasing to the wild. See Utah Code 23-13-2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 68-3-12.5
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Big game: means species of hoofed protected wildlife. See Utah Code 23-13-2
  • Carcass: means the dead body of an animal or its parts. See Utah Code 23-13-2
  • Certificate of registration: means a paper-based or electronic document issued under this title, or any rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23-13-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation officer: means a full-time, permanent employee of the Division of Wildlife Resources who is POST certified as a peace or a special function officer. See Utah Code 23-13-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dedicated hunter program: means a program that provides:
    (a) expanded hunting opportunities;
    (b) opportunities to participate in projects that are beneficial to wildlife; and
    (c) education in hunter ethics and wildlife management principles. See Utah Code 23-13-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Wildlife Resources. See Utah Code 23-13-2
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Enactment: means :
    (a) a municipal ordinance, for a municipality;
    (b) a county ordinance, for a county; and
    (c) a governing board resolution, for a local district, special service district, or private entity. See Utah Code 11-36a-102
  • Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23-13-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial transaction card: includes :
    (i) a credit card;
    (ii) a credit plate;
    (iii) a bank services card;
    (iv) a banking card;
    (v) a check guarantee card;
    (vi) a debit card;
    (vii) a telephone credit card; and
    (viii) a device for access as defined in Section 7-16a-102. See Utah Code 13-38a-102
  • Fishing: means to take fish or crayfish by any means. See Utah Code 23-13-2
  • Fraud: Intentional deception resulting in injury to another.
  • Furbearer: means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar. See Utah Code 23-13-2
  • Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23-13-2
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23-13-2
  • Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
  • Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. See Utah Code 11-36a-102
  • Impact fee facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
  • Intimidate or harass: means to physically interfere with or impede, hinder, or diminish the efforts of an officer in the performance of the officer's duty. See Utah Code 23-13-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Level of service: means the defined performance standard or unit of demand for each capital component of a public facility within a service area. See Utah Code 11-36a-102
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local political subdivision: means a county, a municipality, a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 11-36a-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Nonresident: means a person who does not qualify as a resident. See Utah Code 23-13-2
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pecuniary gain: means the acquisition of money or something of monetary value. See Utah Code 23-13-2
  • Permit: means a paper-based or electronic document, including a stamp, that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23-13-2
  • Person: means an individual, association, partnership, government agency, corporation, or an agent of the foregoing. See Utah Code 23-13-2
  • Person: means :Utah Code 68-3-12.5
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Possession: means actual or constructive possession. See Utah Code 23-13-2
  • Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:
    (a) specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or
    (b) functional condition of development approval because the private entity:
    (i) has no reasonably equivalent competition in the immediate market; and
    (ii) is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Proclamation: means the publication used to convey a statute, rule, policy, or pertinent information as it relates to wildlife. See Utah Code 23-13-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected wildlife: means wildlife as defined in Subsection (54), except as provided in Subsection (38)(b). See Utah Code 23-13-2
  • Public facilities: means only the following impact fee facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity:
    (a) water rights and water supply, treatment, storage, and distribution facilities;
    (b) wastewater collection and treatment facilities;
    (c) storm water, drainage, and flood control facilities;
    (d) municipal power facilities;
    (e) roadway facilities;
    (f) parks, recreation facilities, open space, and trails;
    (g) public safety facilities;
    (h) environmental mitigation as provided in Section 11-36a-205; or
    (i) municipal natural gas facilities. See Utah Code 11-36a-102
  • real property: includes :Utah Code 68-3-12.5
  • Receipt: means any document related to the transaction of business provided to a person that uses a financial transaction card. See Utah Code 13-38a-102
  • Resident: means a person who:
    (i) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
    (ii) does not claim residency for hunting, fishing, or trapping in any other state or country. See Utah Code 23-13-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Road: includes :Utah Code 68-3-12.5
  • Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23-13-2
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Small game: means species of protected wildlife:
    (a) commonly pursued for sporting purposes;
    (b) not classified as big game, aquatic wildlife, or furbearers; and
    (c) excluding turkey, cougar, and bear. See Utah Code 23-13-2
  • Spotlighting: means throwing or casting the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed. See Utah Code 23-13-2
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23-13-2
  • Take: means to:
    (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected wildlife; or
    (b) attempt any action referred to in Subsection (48)(a). See Utah Code 23-13-2
  • Threatened: means wildlife designated as such pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23-13-2
  • Trapping: means taking protected wildlife with a trapping device. See Utah Code 23-13-2
  • Trophy animal: means an animal described as follows:
    (a) deer - a buck with an outside antler measurement of 24 inches or greater;
    (b) elk - a bull with six points on at least one side;
    (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
    (d) moose - a bull with at least one antler exceeding five inches in length;
    (e) mountain goat - a male or female;
    (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
    (g) bison - a bull. See Utah Code 23-13-2
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Waste: means to abandon protected wildlife or to allow protected wildlife to spoil or to be used in a manner not normally associated with the protected wildlife's beneficial use. See Utah Code 23-13-2
  • Wildlife: means :
    (a) crustaceans, including brine shrimp and crayfish;
    (b) mollusks; and
    (c) vertebrate animals living in nature, except feral animals. See Utah Code 23-13-2