Any conviction or violation of the Utah Wildlife Resources Code of Utah can result in your Utah hunting and fishing privileges being suspended.
The basic law suspending your Utah hunting or fishing privilege is found at Utah Code ann. 23-19-9. Suspension of license or permit privileges — Suspension of certificates of registration.
Here are the basic suspension times, subject to administration by the Utah Wildlife Board:
(i) a felony conviction;
(ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a felony, the prosecution of which is suspended pursuant to a diversion agreement;
(i) a class A misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor, which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class A misdemeanor, the prosecution of which is suspended pursuant to a diversion agreement;
(i) a class B misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class B misdemeanor, the prosecution of which is suspended pursuant to a diversion agreement; and
(i) a class C misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor, when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class C misdemeanor, the prosecution of which is suspended according to a diversion agreement.
The Utah Wildlife Board Hearing Officer “may” double a suspension period if you are convicted again while serving a suspension period or you are involved in illegally taking “Trophy Animals.” Trophy animals have the following special definition under the Utah Wildlife Resources Act to mean:
(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.
All Utah Department of Natural Resources hunting and fishing wildlife license suspensions can run consecutively to each other, so long as the convictions are in different criminal episodes. Separate criminal episodes have a special definition under Utah law to mean distinct acts, separated by time or place, where the accomplishment of one act is concluded and another act begins.
The criminal court sentencing judge can order your license suspended or restricted as it sees fit under it powers to craft a criminal sentence. Although that would be unusual, a criminal court has that power. The code provision is found at 23-19-9.1 and reads:
“Court-ordered action against a license.
The division shall promptly withhold, suspend, restrict, or reinstate the use of a license issued under this chapter if so ordered by a court.”
Utah participates in the “Wildlife Violator Compact.” This wildlife compact allows participating member states to cooperate with each other and reciprocate hunting license suspensions that occur in home states.
23-25-6. Reciprocal recognition of suspension.
(1) All participating states shall recognize the suspension of license privileges of a person by the participating state as though the violation resulting in the suspension:
(a) had occurred in their state; and
(b) could have been the basis of the suspension of license privileges in their state.
(2) Each participating state shall communicate suspension information to other participating states in the form and with the content as contained in the compact manual.
In most criminal cases, a plea in abeyance is a great result. So is the little cousin—called a diversion agreement. In Utah wildlife criminal cases, taking a diversion or plea in abeyance doesn’t matter and your hunting license can still be administratively revoked. Unless it is an Infraction, there is always a change the wildlife board can take action to suspend your Utah hunting and fishing license.
As common, the Utah Division of Wildlife Resources has issued administrative rules governing how they can suspend or revoke your Utah hunting and fishing license. You can read the admin rules here: https://wildlife.utah.gov/r657-2.html.
Basically, you have a right to notice of the agency action against you. You have the right to have a private attorney representing you at your own expense. You have the right to present evidence and testify before any agency decision is made. All agency decisions are made based on the preponderance of the evidence. Which means the greater weight of the evidence, or 51 percent proof. Not beyond a reasonable doubt, which is the highest legal burden ever created or used in American law. Beyond a reasonable doubt is like going 99 yards on the football field.
Formal and informal administrative hearings to suspend your hunting privileges are a lot like civil cases brought in the district court, but more limited in discovery and run faster.
You have the right to appeal the agency decision to a sitting District Court judge through the process called judicial review. Administrative Rule 657-26 (2021) details how you can lose your hunting and fishing rights in Utah. You must exhaust all administrative appeals first before you can file your petition for judicial review with the district court. Discovery in informal administrative hearings to suspend your license, unless the hearing is converted to a formal hearing and good cause is shown.
