R657-11-13. Spotlighting

  (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.