After a busy session, the Utah Legislature wrapped up this past Friday, March 1. The chapter leaders of Utah Backcountry Hunters and Anglers tracked multiple bills this year and participated in several public comment opportunities to voice our support / opposition. Overall, there were a disappointing number of bills attacking federal public land and federal lands agency management authority, which may lead to access issues and habitat loss in the future. However, there were also a few bills passed that will have a positive impact on our access and wildlife and their habitat. Outlined below is the full list of bills that PASSED that our chapter monitored this year, including the sponsor, a description, and the impact it will have on Utah hunters and anglers moving forward. Please note the description included is brief and we encourage you to read the bill in its entirety for further information.

H.B. 222 – Wildlife Hunting Amendments

Sponsor: Rep. Stephanie Gricius

Chapter Stance: Neutral

Description

• B. 222 simplifies the “hunter orange” law in Utah, removing the previous 400 square inch minimum requirement while hunting a species of big game during centerfire rifle hunts. Instead, hunters are required to wear only one item of orange material on their exterior. This includes a hat, shirt, jacket, coat, vest, or sweater.
• This bill also enables the Department of Wildlife Resources (DWR) Director to regulate the wearing of hunter orange among non-hunters on Wildlife Management Areas (WMAs).
• Additionally, this bill enables meat processors to sell big game byproducts. Animals will be tested for CWD prior to processing and the byproduct can only be sold if the result returns negative for the disease. Processors are required to obtain a certificate of registration from the DWR to sell byproduct and will also be required to pay a fee per pound of byproduct sold. The revenue generated from this will enter their Wildlife Resources Account, which is used to conduct habitat work in Utah.

Impact to Hunters and Anglers

• If you hunt during the rifle season in Utah, it’s now easier for you to comply with the “hunter orange” law as you no longer need to be concerned about whether you’re wearing 400 square inches of orange. That being said, ensure that your one article of clothing is clearly visible on the exterior of your body when you enter the field.
• If you take your meat to a meat processor for butchering, we recommend you talk to him or her about whether they’ll be selling your animal byproduct. If you’re uncomfortable with the sale of your byproducts, this provides you with an excellent excuse to learn how to butcher and process your own animals, which is a rewarding experience and useful skill to gain.

H.B. 262 – School & Institutional Trust Lands Amendments

Sponsor: Rep. Casey Snider

Chapter Stance: Support

 Description

• B. 262 enables the State Institutional Trust Lands Administration (SITLA) to sell or lease parcels of their land to other state entities at fair market value prior to opening the sale to private bidders. Additionally, it waives certain requirements of a normal SITLA sale if the land is being sold or leased to the Division of Natural Resources (DNR), such as removing the requirement for public advertisement of the sale. BHA supported this bill to allow the State first right of refusal to its already owned lands, which promotes keeping these lands in the public trust when valid rather than being lost to privatization through auction.
• The intent of this bill is to ensure the DNR has an easier path forward when it would like to acquire SITLA land for purposes under its purview, such as establishing a Wildlife Management Area. This previously was a difficult task for the division to accomplish. For example, in 2021 the DNR nearly missed out on the opportunity to buy a parcel of land from SITLA due to several administrative hurdles. The agency was eventually successful in buying the parcel, which later became the Cinnamon Creek WMA. This ensured 8,000+ acres of wildlife habitat was preserved, and our access was maintained.
• Note that this bill exempts the Tabby Mountain SITLA parcel, as there is ongoing litigation around this sale between the State and the Ute Tribe. This exemption will allow the litigation to play out without interference.

Impact to Hunters and Anglers

• This bill will have no immediate impact on hunters and anglers. However, it will help the DNR acquire SITLA owned land when it’s up for sale in the future. By waiving the public advertisement, the DNR will not have to compete with private entities to buy the land, which will allow the State to keep its lands with a different agency before allowing for privatization of these lands. This will benefit hunters and anglers in the long run, as it ensures our public lands stay in public hands, while maintaining critical habitat for our wildlife.

H.B. 382 – Wildlife Amendments

Sponsor: Rep. Casey Snider

Chapter Stance: Support

Description

• B. 382 is a lengthy bill that updates the language on several previous wildlife policies that will improve the operational efficiency and effectiveness of the DWR. Our chapter believes it will enable the Division to spend more of its time and money continuing to protect our wildlife and their habitat.
• It includes updates regarding an additional 3% fee on electronic purchases made through the DWR, gives the Wildlife Board authority to manage shed hunting, increases the punishment for wanton waste and poaching, and requires taxidermists to retain transaction records for all wildlife they take in, among other items. We encourage you to read the bill in its entirety (linked above) if you are a Utah sportsman or woman and want to fully understand its impacts.

Impact to Hunters and Anglers

• Effective May 1, 2024, hunters and anglers will have an additional 3% fee added to their electronic purchases made through the division, which will be used to cover fees credit card companies charge the DWR. Currently, the DWR is responsible for paying for those fees, which is an average annual expense of $1 million. These fees are removing a significant amount of money the Division could and should be using on our wildlife and their habitat. We understand that price increases are not popular, particularly in today’s economic environment. However, hunters and anglers have long been key contributors to raising funds for conservation and have proudly done so knowing the money we spend on licenses, permits, ammo, etc. help our wildlife and their habitat. As such, we believe this bill will have a net positive impact on hunters and anglers via the increased funding our wildlife and habitat will receive. Please note this 3% fee will not be added if you make an electronic purchase via a third-party vendor selling licenses (i.e., Walmart, Sportsman’s Warehouse, etc…)
• Last year, a Shed Hunting Committee convened at the request of the DWR to research the impacts of shed hunting on wildlife and provide recommendations on how Utah should proceed moving forward. BHA had representation on this committee, as well as other stakeholder groups. The committee is expected to present their recommendations to the Regional Advisory Councils (RACs) and the Utah Wildlife Board during the spring / summer of 2024, during which the Board will decide how shed hunting will be regulated. The Committee’s recommendations are made possible through the inclusions within this legislation. Be on the lookout for upcoming RAC / Wildlife Board meeting agendas to learn more about how the DWR will propose regulating shed hunting in Utah moving forward. Please note a late amendment added to this bill after the primary public comment period ensures that private landowners will have the ability to shed hunt on their property year-round, regardless of whether the Wildlife Board enacts a shed hunting season.
• Another aspect of this bill will require taxidermies to keep a transaction record for any wildlife they receive. If you take an animal to a taxidermist, be prepared to share your license / permit number associated with the wildlife. This will ensure taxidermists aren’t receiving animals that were poached while allowing conservation officers to efficiently track any potential poaching cases.

H.B. 471 – Public Lands Possession Amendments

Sponsor: Rep. Phil Lyman

Chapter Stance: Oppose 

Description

• This bill asserts ownership and exclusive jurisdiction to Utah for any Class B or D roads included on a county travel plan, including roads on federal public land. Class B roads are typically graded dirt roads, while Class D roads are trails used by ATVs and UTVs. These roads would be considered public roads open for public use unless the road has been closed through adjudication and due process by the appropriate state or federal government agency Currently, legal road closures on federal lands are enacted through mandates in agency travel management plans which are subject to a public input process. If a federal agency attempts to close a Class B or D road without adjudication and due process, the closure is invalid according to this legislation, and Utah can disregard it. 

Impact to Hunters and Anglers

• If Utah chooses to ignore federally mandated road closures, this bill could have a negative impact for hunters and anglers due to potential habitat damage/disruption which would in turn hurt wildlife populations and would lower hunter and angler opportunity. We are also concerned about the potential user conflicts that this will cause, as the State does not have authority to overturn a federal land management agency’s road closure on federal public lands.

H.B. 496 – Public Land Use Amendments

Sponsor: Rep. Carl Albrecht

Chapter Stance: Oppose (certain language)

Description

• B. 496 includes language that opposes the prioritization of conservation as a use equal to other productive uses of public land (i.e., grazing and energy development). This bill diminishes the importance of conservation efforts on federal public lands when compared with other uses.
• The language surrounding the opposition around conservation as a “use” is a direct response to the BLM’s proposed Public Lands Rule, which has been supported by BHA and other conservation organizations for its potential to improve habitat for wildlife. A final version of this rule is expected to be announced later this spring, and if passed would allow groups to purchase leases on BLM land for the purpose of restoration and mitigation. It also makes conservation a use on BLM equal to other uses specified by the Federal Lands Management Policy Act such as grazing, recreation, extraction, etc.
• The primary focus of this bill is the prohibition on Natural Asset Companies (NACs) from purchasing or leasing state public lands. NACs are a new concept that could have multiple impacts on hunting and angling. At this time, we don’t have an official stance of support or opposition on NACs due to the uncertainty surrounding their impact but will continue monitoring their status moving forward. The NAC concept was withdrawn by the New York Stock Exchange in January. Our focus on this bill has been primarily directed towards the language opposing the BLM Public Lands Rule, as described above.

Impact to Hunters and Anglers

• While there is no immediate impact, this bill continues Utah’s recent attack on federal public lands, this time targeting the importance of conservation efforts on these lands. This is very alarming, as conservation has been the driving force behind the restoration of our wildlife populations and the protection of their habitat over the past century. By deprioritizing conservation, Utah is risking the continued degradation and loss of critical wildlife habitat which would in turn have a negative impact on wildlife populations and hunting / angling opportunity over time.

H.J.R. 19 – Joint Resolution Encouraging Support for the HOUSES Act

Sponsor: Rep. Ken Ivory

Chapter Stance: Oppose

Description

• The Helping Open Underutilized Space to Ensure Shelter (HOUSES) Act is a federally proposed bill sponsored by Sen. Mike Lee (R-UT). This act would permit and expedite the transfer of multiple-use federal public lands for residential development at discounted rates well below market value. A joint resolution doesn’t have any legally binding or enforceable power; rather it is merely an expression made by the Utah Legislature that voices its support for the HOUSES Act.

Impact to Hunters and Anglers

• As stated above, HJRs don’t have any legally binding or enforceable power, so it won’t impact hunters and anglers directly. However, if the HOUSES Act passes federally, it would limit the ability for sportsmen and women, as well as all Americans, to access our outdoor heritage by allowing for a simplified mechanism for our public lands to be privatized. In addition to losing access, our wildlife will also suffer due to the habitat loss that will occur as these lands are developed. We encourage you to engage your federal legislators to voice your opinion on the act.

What’s Next?

With the 2024 legislative session finished, the chapter will now shift its policy focus to the Regional RAC and Wildlife Board process. These committees meet several times throughout the year, during which the DWR proposes changes to Utah hunting and fishing regulations. Our chapter will review every proposal during each cycle, and we will have representatives attend each RAC and Wildlife Board meeting to voice our support / opposition. To learn more about the Utah RAC and Wildlife Board process, click here.

If you have any questions regarding Utah wildlife policy or would like to talk about any of the upcoming proposals put forth during the RAC cycle, please email our chapter Policy and Access Coordinator Garritt Slatcoff at [email protected]. We appreciate your continued support and thank you for taking the time to learn more about how Utah policy impacts our public land access, wildlife, and their habitat.