Current through Bulletin 2024-18, September 15, 2024
(1) Except as
provided in Subsection (3):
(a) a person may
not use or cast the rays of any spotlight, headlight, or other artificial light
to locate protected wildlife while having in possession a firearm or other
weapon or device that could be used to take or injure protected wildlife;
and
(b) the use of a spotlight or
other artificial light in a field, woodland, or forest where protected wildlife
are generally found is probable cause of attempting to locate protected
wildlife.
(2) The
provisions of this section do not apply to:
(a) the use of the headlights of a motor
vehicle or other artificial light in a usual manner where there is no attempt
or intent to locate protected wildlife; or
(b) a person licensed to carry a concealed
weapon in accordance with Title 53, Chapter 5, Part 7 of the Utah Code,
provided the person is not utilizing the concealed weapon to hunt or take
wildlife.
(3) The
provisions of this section do not apply to the use of an artificial light when
used by a trapper to illuminate his path and trap sites for the purpose of
conducting the required trap checks, provided that:
(a) any artificial light must be carried by
the trapper;
(b) a motor vehicle
headlight or light attached to or powered by a motor vehicle may not be used;
and
(c) while checking trapping
devices with the use of an artificial light, the trapper may not occupy or
operate any motor vehicle.
(4) Spotlighting may be used to hunt coyote,
red fox, striped skunk, or raccoon where allowed by a county ordinance enacted
pursuant to Section
23-13-17.
(5) The ordinance shall provide that:
(a) any artificial light used to spotlight
coyote, red fox, striped skunk, or raccoon must be carried by the
hunter;
(b) a motor vehicle
headlight or light attached to or powered by a motor vehicle may not be used to
spotlight the animal; and
(c) while
hunting with the use of an artificial light, the hunter may not occupy or
operate any motor vehicle.
(6) For purposes of the county ordinance,
"motor vehicle" shall have the meaning as defined in Section 41-6-1.
(7) The ordinance may specify:
(a) the time of day and seasons when
spotlighting is permitted;
(b)
areas closed or open to spotlighting within the unincorporated area of the
county;
(c) safety zones within
which spotlighting is prohibited;
(d) the weapons permitted; and
(e) penalties for violation of the
ordinance.
(8)
(a) A county may restrict the number of
hunters engaging in spotlighting by requiring a permit to spotlight and issuing
a limited number of permits.
(b) A
fee may be charged for a spotlighting permit.
(9) A county may require hunters to notify
the county sheriff of the time and place they will be engaged in
spotlighting.
(10) The requirement
that a county ordinance must be enacted before a person may use spotlighting to
hunt coyote, red fox, striped skunk, or raccoon does not apply to:
(a) a person or his agent who is lawfully
acting to protect his crops or domestic animals from predation by those
animals; or
(b) a wildlife
service's agent acting in his official capacity under a memorandum of agreement
with the division.