23A-5-308. Administering substances to protected wildlife prohibited -- Exceptions -- Criminal penalty.

375 words·~2 min read·/ut/title-23a/chapter-5/23a-5-308

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

Effective 7/1/2023

(1)For purposes of this section:

(a)"Administer" means the application of a substance by any method, including:

(i)injection;

(ii)inhalation;

(iii)ingestion; or

(iv)absorption.

(b)"Agricultural producer" means a person who produces an agricultural product.

(c)"Agricultural product" means the same as that term is defined in Section 4-1-109 .

(d)"Substance" means a chemical or organic substance that:

(i)pacifies;

(ii)sedates;

(iii)immobilizes;

(iv)harms;

(v)kills;

(vi)controls fertility; or

(vii)has an effect that is similar to an effect listed in Subsections (1)(d)(i) through

(vi).

(2)Except as authorized by Subsection

(4)or a rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , a person may not administer or attempt to administer a substance to protected wildlife.

(3)A person who violates this section is subject to the penalty provided in Section 23A-5-301 .

(a)A division employee or a person with written permission from the division may administer a substance to protected wildlife if that employee or person administers the substance to promote wildlife management and conservation.

(b)One or more of the following may administer a substance to protected wildlife that the person is authorized by this title, the Wildlife Board, or the division to possess:

(i)a licensed veterinarian;

(ii)an unlicensed assistive personnel, as defined in Section 58-28-102 ; or

(iii)a person who is following written instructions for veterinary care from a licensed veterinarian.

(5)Notwithstanding the other provisions of this section, a person is not liable under this section for administering a substance, notwithstanding the substance has an effect described in Subsection (1)(d) on protected wildlife, if:

(a)an agricultural producer administers the substance:

(i)for the sole purpose of producing an agricultural product and not for the purpose of affecting protected wildlife in a manner described in Subsection (1)(d) ;

(ii)consistent with generally accepted agricultural practices; and

(iii)in compliance with applicable local, state, and federal law; or

(b)the protected wildlife presents an immediate threat of death or serious bodily injury to a person.

Renumbered and Amended by Chapter 103 , 2023 General Session