4-39-401. Escape of domesticated elk -- Liability.
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Effective 7/1/2023
4-39-401. Escape of domesticated elk -- Liability.
(1)The owner shall try to capture domesticated elk that escape.
(2)The escape of a domesticated elk shall be reported immediately to the domestic elk program manager, who shall notify the Division of Wildlife Resources.
(3)If the domesticated elk is not recovered within 72 hours of the escape, the department, in conjunction with the Division of Wildlife Resources, shall take whatever action is necessary to resolve the problem.
(4)The owner shall reimburse the state or a state agency for any reasonable recapture costs incurred in the recapture or destruction of an escaped domesticated elk.
(5)An escaped domesticated elk taken by a licensed hunter in a manner that complies with the provisions of Title 23A, Wildlife Resources Act , and the rules of the Wildlife Board shall be considered a legal taking and neither the licensed hunter, the state, nor a state agency shall be liable to the owner for the killing.
(6)The owner shall be responsible for containing the domesticated elk to ensure that there is no spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk is protected.
Amended by Chapter 34 , 2023 General Session