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RAC adds federal employee exemption and supports WMA licensing rule implementing HB309; DWR emphasizes education and signage

3331057 · May 15, 2025
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Summary

The Northern RAC recommended approval of DWR’s proposed rule to implement House Bill 309 requiring hunting or fishing licenses for many WMAs, and added a narrow exemption so federal land‑management employees are not cited when performing official duties.

The Northern RAC considered proposed amendments to R657‑28 to implement House Bill 309, the 2025 law that requires a valid hunting, fishing or combination license to engage in hunting, trapping or fishing on many wildlife management areas (WMAs). The RAC recommended approval of the rule as presented with an added exemption for federal land‑management agency employees performing official duties.

Chelsea Duke, wildlife lands coordinator for the Division of Wildlife Resources, summarized the scope: HB309 (effective May 7, 2025) requires a valid hunting, fishing or combination license for access to WMAs unless an exemption applies. Duke explained that the wildlife board’s rulemaking authority is narrow: the board may define exemptions expressly allowed by the statute (for example, education or visitor‑center activities) but may not create broad exemptions based on the absence of hunting, trapping or fishing activity. She listed four counties where exemptions already apply under the statute: Davis, Salt Lake, Weber and Utah counties.

Duke said DWR will sign and post WMAs to make the license requirement clear and that the division intends to lean heavily on education and warnings before citation. Chad Vetridge (DWR law enforcement) said the division’s enforcement approach will prioritize education and verbal warnings before written warnings and citations. He said a citation could be issued under the rule (an infraction) or under the statute (a higher class of violation) but the division will start with education.

RAC members raised concerns about nonconsumptive users who may not want to buy hunting or fishing licenses and urged DWR and the legislature to consider a nonconsumptive pass or other mechanism; Duke said the statute is specific and does not allow the board to create a new, separate pass—the law requires a valid hunting, fishing or combination license unless the person falls under another statutory exemption or has written permission, a contract, or a special‑use permit. Duke said special‑use permits and written agreements already provide an avenue for events, research, or agency work and can be issued relatively rapidly.

Federal partners asked for a clear mechanism so agency employees are not inadvertently in violation when conducting official duties. Duke proposed (and RAC approved) adding a written exemption for federal land‑management employees performing official duties; RAC members asked that the exemption be clearly limited to employees performing official duties. The motion to approve the rule with that addition passed unanimously.

Duke and Vetridge said DWR will improve public outreach, update signs (including QR codes leading to WMA maps), and monitor compliance using an enforcement form that documents the activity of people contacted on WMAs (hunting, fishing, walking, biking etc.). Public comments on the proposal were numerous and mixed, and many callers expressed confusion about which parcels are WMAs and which are other nearby public or sovereign lands; DWR staff said they have been responding individually to commenters and will continue targeted outreach to clarify boundaries and exemptions.