Senate advances tougher wildlife penalties, adds restitution and species value schedule

The Utah Senate moved forward on legislation to stiffen penalties for illegal takes of wildlife, adopting a measure that adds a new 'wanton destruction' category and a schedule of statutory values to calculate restitution.

Senator Pendleton, sponsor of Senate Bill 33, told colleagues the bill is intended "to take the profit out of poaching our wildlife," describing a series of recent incidents and a need to escalate penalties that until now were largely class B misdemeanors. The proposal adds definitions that track the Endangered Species Act, creates aggravated offenses (for night poaching, repeat offenders, use of poisons or explosives, or taking for pecuniary gain), and ties criminal exposure to the assigned value of the animal.

Under the measure, a wanton destruction finding for an animal with a statutory value above $500 would be treated as a third‑degree felony; values between $250 and $500 would be class A misdemeanors; and values below $250 would be class B misdemeanors. Pendleton cited the bill’s statutory schedule assigning example values — elk $750, golden eagle $500, bobcat $350 — which the bill uses to determine whether the higher felony threshold is met.

A Division of Wildlife Resources representative described the methodology underpinning the schedule. He said his office surveyed restitution values used in neighboring Western states, reviewed amounts actually recovered through courts (roughly 20% of cases), then adjusted values conservatively for Utah circumstances — for example raising trophy species values to reflect local significance. "We took an average of those values," he said, and added limited subjective adjustments for trophy animals.

Debate centered on whether the statutory schedule reflects market or replacement values. Senator Petersen noted that private sales of a mature bull elk can run around $10,000 and asked whether an independent appraisal was used; the division representative said the schedule was derived from multi‑state averages and existing restitution receipts but did not commission a separate third‑party appraisal. The bill preserves court authority to impose restitution in addition to statutory fines where appropriate.

Senator Beatty proposed an amendment to raise some species categories (for example, to $1,000 for elk and certain threatened species) to increase deterrence; the Senate rejected that amendment on a recorded vote. After debate and technical amendments focused on limiting the third‑degree felony to those who actually capture, injure, or destroy protected wildlife, the Senate recorded a third‑reading tally and placed SB 33 on the third‑reading calendar.

The measure also directs restitution monies to the Division to fund anti‑poaching education and prevention programs rather than general fund receipts. The sponsor said that approach ensures that penalties support programs intended to reduce future illegal takes. The bill’s final passage and any additional amendments will be resolved on third reading.

The Senate reported SB 33 to the third‑reading calendar with a roll‑call result announced on the floor as 24 ayes, 1 nay, 5 absent.