23A-2-209. Transplants of big game, turkeys, wolves, or sensitive species.

408 words·~2 min read·/ut/title-23a/chapter-2/23a-2-209

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(1)Subject to Subsection

(7), the division may transplant big game, turkeys, wolves, or sensitive species only in accordance with:

(i)a list of sites for the transplant of each particular species that is prepared and adopted in accordance with Subsections

(2)through

(5);

(ii)a species management plan, such as a deer or elk management plan adopted under Section 23A-11-301 or a recovery plan for a threatened or endangered species, provided that:

(A)the plan identifies sites for the transplant of the species or the lands or waters the species are expected to occupy; and

(B)the public has had an opportunity to comment and make recommendations on the plan; and

(iii)the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq. if the transplant involves a threatened or endangered species; or

(b)a legal agreement between the state and a tribal government that identifies potential transplants

(2)The division shall:

(a)consult with the landowner in determining the suitability of a site for the transplant of a species;

(b)prepare a list of proposed sites for the transplant of species; and

(c)provide notification of proposed sites for the transplant of species to:

(i)local government officials having jurisdiction over areas that may be affected by a transplant; and

(ii)the Resource Development Coordinating Committee created in Section 63L-11-401 .

(3)After receiving comments from local government officials and the Resource Development Coordinating Committee, the division shall submit the list of proposed transplant sites, or a revised list, to regional advisory councils for the one or more regions that may be affected by the transplants of species.

(4)A regional advisory council reviewing a list of proposed sites for the transplant of species may submit recommendations to the Wildlife Board.

(5)The Wildlife Board shall approve, modify, or reject a proposal for the transplant of a species.

(6)A list of proposed transplant sites approved by the Wildlife Board shall have a termination date after which a transplant may not occur.

(7)Before reintroducing a big game animal to a new area under this section, the Wildlife Board shall approve a mitigation plan that complies with Section 23A-2-210 .

Renumbered and Amended by Chapter 103 , 2023 General Session

Amended by Chapter 198 , 2023 General Session

Technical renumber of section for proper placement in Title and Chapter.