Thursday, October 1, 2020

Fish And Game Lawyer

Fish And Game Lawyer

You may have purchased your Utah fishing license, but you still need to learn the state fishing regulations and laws before you can head to your first fishing spot. Fishing regulations are put into place to help keep our fish populations healthy and to ensure a positive experience for recreational anglers. Read an updated copy of the Utah fishing regulations so that you know the fishing seasons, size limits, bag limits, and types of fishing methods that are permitted.

UTAH FISHING LICENSE INFORMATION

• State fishing license fees will vary based on residency status and length of time, so be sure to purchase the type of license that best suits your needs. Multi-year fishing licenses can often save you money over the long-term.
• All persons age 12 and older are required to have a fishing license for any species of fish. Utah fishing licenses are issued every month of the year and are valid for up to five years.
• For each fishing license that is purchased, a portion of the fees go towards protecting and enhancing the sport of fishing for future generations.

Utah Hunting Laws and Regulations

Who is required to complete hunter education in Utah?
According to Utah law, all hunters who were born after December 31, 1965, must complete hunter education certification in order to hunt in Utah.
Is completion of the Utah state agency-approved course required in order to buy a license?

Yes, in many cases. In order to buy a license, Utah requires that hunters who were born after December 31, 1965, must first complete a course approved by the Utah Division of Wildlife Resources and IHEA-USA. All U.S. states, provinces, and countries that have mandatory hunter education requirements will accept the Utah Hunter Education Certificate. Likewise, Utah will accept Hunter Education certifications that are issued by other jurisdictions that meet official IHEA-USA requirements. (This is known as “reciprocity.”)

What Makes a Course Approved?

To be approved by the Utah Division of Wildlife Resources, a course must teach hunters to become:
• Safe (by following all hunting safety rules)
• Responsible (about hunting, wildlife, conservation, and hunting laws)
• Knowledgeable (by knowing and demonstrating acceptable behavior and attitudes while hunting)
• Involved (in joining and participating in hunting and conservation organizations)

Meets IHEA-USA Standards

This Utah Hunter Ed online hunting education course was developed in accordance with the standards set forth by IHEA-USA and meets the requirements of the Utah Division of Wildlife Resources hunter safety mandate.

In 1999 the International Hunter Education Association (IHEA-USA) adopted a set of performance guidelines for basic hunter education courses. These standards have been used internationally by hunter education administrators to evaluate minimum core content in hunter education courses. Industry partners, including the Utah Division of Wildlife Resources and Hunter Ed, have used the revised standards to develop new student manuals and alternative delivery methods for hunter education.

What is Environmental Law?

Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. The purpose of environmental law is to protect the environment and create rules for how people can use natural resources. Environmental laws not only aim to protect the environment from harm, but they also determine who can use natural resources and on what terms. Laws may regulate pollution, the use of natural resources, forest protection, mineral harvesting and animal and fish populations.

Environmental laws are relatively new in American history. Lawmakers began to pass environmental laws in the twentieth century. The environmental movement began to pick up pace in the 1960s with the majority of environmental laws and regulations being created since that time. The first environmental laws focused on nuisance. When one person’s use of their property interferes with another person’s use of their own property, courts can step in to stop the nuisance. Nuisance laws largely developed through common law decisions in the courts. The laws protect a property owner from having another person or corporation infringe on their right to enjoy their own property. Early environmental laws didn’t focus on protecting the environment as a whole. They also didn’t give standing for a person to sue a polluter if they weren’t personally harmed by the other person’s actions.
What do environmental laws regulate?
Environmental laws cover a wide range of topics including the following:
• Air Quality – Air quality laws protect the air from pollution and may include measures to protect the air from things like ozone depletion.
• Water Quality – Environmental laws may protect water from pollution. They may also determine who can use water and how to handle potential problems like treating waste water and managing surface run off.
• Waste Management – Municipal waste, hazardous substances and nuclear waste all fall in the category of waste management.
• Contaminant Cleanup – Not all environmental law focuses on preventing pollution. Contaminant cleanup deals with addressing pollution after it happens. Laws may include protocols for cleanup as well as civil and criminal punishment for polluters.
• Chemical Safety – Chemical safety regulations manage things like pesticide use and chemicals in products like plastic bottles.
• Hunting and fishing – Environmental laws may regulate and protect wildlife populations. Lawmakers determine who can hunt and fish and how these activities are regulated.

Fish and Game Law and Legal Definition

While there are numerous federal laws related to protecting fish and wildlife, state laws mainly govern hunting and fishing within the state. The state is trustee of the peoples’ fish and game, so fish and game belong to the state in its sovereign capacity as representative and for the benefit of all its people in common ownership with the owner of the land. Therefore, any right to fish or hunt that is granted by a property owner may be regulated by the state. States enact laws to regulate hunting and fishing on a state-by-state basis. Such laws may require licensing and provide for fines and penalties for violations of the regulations. Certain species are provided special protection and there are regulations for prohibited hunting and fishing practices. Fish and game wardens are the law enforcement agents of the state and federal fish and wildlife agencies. They enforce laws and regulations designed to protect and conserve fish and wildlife. While patrolling assigned areas, wardens warn, cite and arrest individuals suspected of violations and may seize the fish, game, and equipment connected with the violation.

Fish and game wardens or conservation officers are peace officers who are commissioned in the state in which they perform their job duties. They ensure that applicable Fish and Wildlife Codes are obeyed and enforce state fishing, boating, and hunting laws and any federal laws that pertain to these activities. Fish and game wardens who gain experience and engage in continuing education may find advancement opportunities as a Field Training Officer (FTO) or in administration. According to the Bureau of Labor Statistics (BLS), the states with the most jobs for fish and game wardens are Texas, New York, Georgia, California, and North Carolina. Metropolitan areas that lead the list with the most employment opportunities include Virginia Beach, Virginia; Atlanta, Georgia; and Baltimore, Maryland.

Fish and game wardens protect the nation’s wildlife from such illegal activity as poaching and trapping and assist visitors at federal, state, and local parks. These highly trained officers keep a close watch on fish and wildlife, looking for changes, such as pollution, to their environment. Fish and game wardens investigate criminal behavior related to fish and wildlife, write reports, make arrests, gather evidence, interview suspects and witnesses, and may be called to testify in court. They also assist other law enforcement groups when wildlife such as cougars, bears, or coyotes wander into residential areas. Fish and game wardens may also help during search and rescue operations.

The minimum age requirement for fish and game wardens is either 18 or 21 years, depending on the state. Successful candidates must have a bachelor’s degree, but some states will waive this education requirement if the applicant has a two year associate’s degree in addition to law enforcement experience or full-time fish and/or wildlife experience. As there are usually more applicants for fish and game warden positions than there are job openings, a four-year degree can give an applicant an edge over other applicants. Once an individual is selected to become a fish and game warden, he or she undergoes further study at a training academy for approximately three to 12 months. Contact your state’s Department of Fish and Game for information on local requirements and opportunities. If you would like to become a fish and game warden, you should expect steps similar to the following:

• Acquire the education and/or experience necessary for the position in which you are interested.
• Find and apply for an open fish and game warden position.
• Submit to a background check and fingerprinting.
• Pass a polygraph examination.
• Be drug tested.
• Be interviewed for the position.
• Get hired as a fish and game warden.
• Receive training on the job once hired.

Once an individual is selected to become a fish and game warden, he or she undergoes further study at a training academy for approximately three to 12 months. Individuals who earn a position as a fish and game warden with the federal government must complete a 20-week training program at the Federal Training covers both wildlife law enforcement and criminal investigations, including such subjects as identification of wildlife and the proper use of firearms. Following successful completion of the training academy, fish and game wardens must shadow Field Training Officers (FTO) for 10 weeks to gain hands-on experience under the watchful eye of a seasoned fish and game warden before moving to their assigned location.
Other Helpful Skills and Experience
Fish and game wardens must be in good physical shape must familiarize themselves with the outdoors and the laws contained in the Fish and Wildlife Code, and must study law enforcement policy and procedures. Previous experience working with wildlife, either in a paid or volunteer position, may enhance employment opportunities. Knowing how to drive a boat, a small airplane, or a tractor and understanding how to make basic repairs to motor vehicles are also beneficial.
Possible Job Titles for This Career
• Conservation Officer
• Refuge Officer
• Wildlife Control Agent
• Wildlife Enforcement Officer
• Wildlife Officer
Fish and Game Warden Salary and Job Outlook
The BLS reports that fish and game wardens earned an average annual salary of $57,710 as of 2018. The top 10% earned an average annual salary of $80,140. There were approximately 6,040 fish and game wardens working in the US in 2018, with the majority (5,260) employed in state government.

The required age to purchase a license varies from state to state. In general, youth must start purchasing a license between the ages of 12 and 16 depending on the state. A youth license is often sold at a discount for the first year or two. After which, an adult license must be purchased. Most kids under 12 can fish for free but be sure to check your local regulations to learn more about specific license fees or permit requirements.

Additional license fees you may see

There may be some added processing and/or dealer fees that are not usually listed until you are ready to purchase the license. These fees are mostly less than $5. Additionally, some states require extra “endorsement” permits when fishing for specific species of fish like trout, salmon and paddlefish. These usually cost around $5 to $15 depending on the state. It is important to review the full license stipulations for the area and species you intend to fish.

An annual fishing license is the most common type of license sold and often the most cost effective way to enjoy a full year on the water. However, you may only want to go fishing one or two days a year, in which case buying a temporary license is more affordable. Temporary licenses are sold to both resident and non-residents in the majority of states. They are valid for consecutive days starting on a date specified at the time of purchase. You can get a 1 day or multi-day pass but at some point it is cheaper to just buy the annual fishing license. A 3 to 10 day fishing license is a great way for non-residents to fish while on vacation in other states. Most temporary license are less than $30 for non-residents and less than $20 for residents of the state.

Can you buy a fishing license online?

Just about every state allows for online purchases of a fishing license. Even non-resident anglers can buy a license online. Keep in mind that only government websites are authorized to sell state licenses on the internet. There are several illegitimate websites that pretend to sell fishing licenses to unsuspecting anglers.

Your fishing license helps pay for the cost to maintain a quality public fishery. Fish stocking, habitat conservation and law enforcement are critical for sustaining fishing opportunities that everyone can enjoy for generations to come.

A fishing license is not always required for fishing. Some states, like Washington, don’t require a license when you fish for common carp or other species classified as rough fish. California allows fishing from public coastal piers without a fishing license and many states allow adults to help kids fish without a license. Some places have even established “apprentice” programs that allow new anglers to try out fishing while accompanied by another licensed adult. Each state has its own defined situations where a fishing license is not needed. They are too numerous to list here so be sure to check out your local regulations before fishing.

Utah Fish And Game Attorney

When you need a Fish And Game Lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews

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