Utah Code > Title 4 > Chapter 39 – Domesticated Elk Act
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Utah Code > Title 4 > Chapter 39 - Domesticated Elk Act
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Agricultural crops: means any product of cultivation;
(2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
(3) "Bounty" means the monetary compensation paid to persons for the harvest of predatory or depredating animals;
(4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or wildlife inflicted by predatory or depredating animals or depredating birds;
(5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog;
(6) "Depredating bird" means a Brewer's blackbird or starling;
(7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
(8) "Predatory animal" means any coyote; and
(9) "Wildlife" means any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird. See Utah Code 4-23-103Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103 City: includes , depending on population, a metro township as defined in Section 10-3c-102 . See Utah Code 68-3-12.5 Colorado River Salinity Offset Program: means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide funds to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality. See Utah Code 4-18-201 Commission: means the Utah Dairy Commission. See Utah Code 4-22-102 Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-302 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103 Commissioner: means the commissioner of agriculture and food or the commissioner's designee. See Utah Code 4-18-302 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
(5)(a) direct or exercise a controlling influence over:
(5)(a)(i) the management or policies of a financial institution; or
(5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
(5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102 Council: means the Utah Beef Council created in Section 4-21-103. See Utah Code 4-21-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means any person who buys and processes raw milk or milk fat, or who acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor with respect to raw milk or milk fat or any product derived from either. See Utah Code 4-22-102 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Department: means the Department of Financial Institutions. See Utah Code 7-1-103 Department: means the Utah Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-21-102 Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
(8)(a) holds or receives deposits, savings, or share accounts;
(8)(b) issues certificates of deposit; or
(8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102 Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102 Donor: The person who makes a gift. Egg-laying hen: means a female domesticated chicken kept for the purpose of commercial egg production. See Utah Code 4-4a-102 Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC Eligible entities: means public, governmental, and private entities, including:
(6)(a) conservation districts;
(6)(b) producers;
(6)(c) groups of producers;
(6)(d) producer groups;
(6)(e) producer cooperatives;
(6)(f) water conservancy districts;
(6)(g) American Indian Tribes;
(6)(h) nonprofit entities;
(6)(i) academic or research institutions and subdivisions of these institutions;
(6)(j) the United States or any corporation or agency created or designed by the United States; or
(6)(k) the state or any of the state's agencies or political subdivisions. See Utah Code 4-18-302Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Environmental benefits: means benefits to natural and agricultural resources and human health, including:
(7)(a) improved air quality;
(7)(b) surface or ground water quality and quantity;
(7)(c) improved soil health, including nutrient cycling, soil fertility, or drought resilience;
(7)(d) reductions in agricultural inputs;
(7)(e) carbon sequestration or climate resilience;
(7)(f) increased biodiversity; or
(7)(g) improved nutritional quality of agricultural products. See Utah Code 4-18-302Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Farm: means the land, buildings, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. See Utah Code 4-4a-102 Fees: means the revenue collected by the United States secretary of interior from assessments on livestock using public lands. See Utah Code 4-20-102 Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Grantor: The person who establishes a trust and places property into it. Grazing district: means an administrative unit of land:
(3)(a) designated by the commissioner as valuable for grazing and for raising forage crops; and
(3)(b) that consists of any combination of the following:
(3)(b)(i) public lands;
(3)(b)(ii) private land;
(3)(b)(iii) state land; and
(3)(b)(iv) school and institutional trust land as defined in Section 53C-1-103. See Utah Code 4-20-102Incentives: means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets. See Utah Code 4-18-302 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Institution: means :
(19)(a) a corporation;
(19)(b) a limited liability company;
(19)(c) a partnership;
(19)(d) a trust;
(19)(e) an association;
(19)(f) a joint venture;
(19)(g) a pool;
(19)(h) a syndicate;
(19)(i) an unincorporated organization; or
(19)(j) any form of business entity. See Utah Code 7-1-103Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :
(18)(a) land;
(18)(b) a tenement;
(18)(c) a hereditament;
(18)(d) a water right;
(18)(e) a possessory right; and
(18)(f) a claim. See Utah Code 68-3-12.5Land manager: means a manager of land where agricultural activities occur, including:
(11)(a) a federal land manager;
(11)(b) a lessee of federal, tribal, state, county, municipal, or private land where agricultural activities occur; or
(11)(c) others as the department may determine. See Utah Code 4-18-302Landowner: means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. See Utah Code 4-18-302 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC leases: means the sale or lease, respectively, of isolated or disconnected tracts of public lands by the United States secretary of interior. See Utah Code 4-20-102 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102 , or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109 Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5 Marketing agency: means a person who acts as an agent of the seller in the sale of cattle in that the person issues payment to the seller and is entitled to a commission based upon the sale. See Utah Code 4-21-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109 Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103 Oversight: Committee review of the activities of a Federal agency or program. Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102 Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109 Person: means :
(27)(a) an individual;
(27)(b) a corporation;
(27)(c) a limited liability company;
(27)(d) a partnership;
(27)(e) a trust;
(27)(f) an association;
(27)(g) a joint venture;
(27)(h) a pool;
(27)(i) a syndicate;
(27)(j) a sole proprietorship;
(27)(k) an unincorporated organization; or
(27)(l) any form of business entity. See Utah Code 7-1-103Person: means :
(24)(a) an individual;
(24)(b) an association;
(24)(c) an institution;
(24)(d) a corporation;
(24)(e) a company;
(24)(f) a trust;
(24)(g) a limited liability company;
(24)(h) a partnership;
(24)(i) a political subdivision;
(24)(j) a government office, department, division, bureau, or other body of government; and
(24)(k) any other organization or entity. See Utah Code 68-3-12.5Plaintiff: The person who files the complaint in a civil lawsuit. Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See Utah Code 30-8-2 Primary standards: means the physical standards of the state, described in Section 4-9-105, which are the legal reference from which all other standards and weights and measures are derived. See Utah Code 4-9-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Producer: means a person who owns and raises or owns and feeds cattle. See Utah Code 4-21-102 Producer: means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses. See Utah Code 4-22-102 Producer-handler: means any producer who processes raw milk or milk fat. See Utah Code 4-22-102 product of agriculture: means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section 4-37-103 . See Utah Code 4-1-109 products of agriculture: means any product useful to the human species that results from the application of the science and art of the production of plants, minerals, and animals. See Utah Code 4-8-103 Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302 Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See Utah Code 30-8-2 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Purchaser: means a person who buys cattle. See Utah Code 4-21-102 Quorum: The number of legislators that must be present to do business. Regional board: means a regional grazing advisory board with members appointed under Section 4-20-104. See Utah Code 4-20-102 Research project: includes projects at experiment stations, on:
(14)(b)(i) lands owned by the United States or any corporation or agency created or designed by the United States;
(14)(b)(ii) lands owned by the state or any of the state's agencies or political subdivisions; or
(14)(b)(iii) private lands. See Utah Code 4-18-302Restricted account: means the Rangeland Improvement Account created in Section 4-20-105. See Utah Code 4-20-102 Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102 Secondary standards: means a physical standard which is traceable to primary standards through comparisons, using acceptable laboratory procedures. See Utah Code 4-9-102 Seller: means a person who offers cattle for sale. See Utah Code 4-21-102 Service of process: The service of writs or summonses to the appropriate party. Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;
(34)(b) chromosomal makeup; and
(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Soil health: means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. See Utah Code 4-18-302 Soil health activities: means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. See Utah Code 4-18-302 Soil Health Advisory Committee: means the committee created in Section 4-18-306. See Utah Code 4-18-302 Soil health grant program: means the grant program authorized in Section 4-18-304. See Utah Code 4-18-302 Soil health practices: means those practices that may contribute to soil health, including:
(19)(a) no-tillage;
(19)(b) conservation tillage;
(19)(c) crop rotations;
(19)(d) intercropping;
(19)(e) cover cropping;
(19)(f) planned grazing;
(19)(g) the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar;
(19)(h) revegetation; or
(19)(i) other practices the department determines contribute or have the potential to contribute to soil health. See Utah Code 4-18-302State: means , unless the context demands otherwise:
(33)(a) a state;
(33)(b) the District of Columbia; or
(33)(c) the territories of the United States. See Utah Code 7-1-103State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 State board: means the Utah Grazing Improvement Program Advisory Board created under Section 4-20-103. See Utah Code 4-20-102 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103 Suspect domesticated elk: means a domesticated elk for which:
(6)(a) the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:
(6)(a)(i) unofficial test results;
(6)(a)(ii) laboratory evidence; or
(6)(a)(iii) clinical signs; and
(6)(b) official laboratory results for a disease spreading pathogen:
(6)(b)(i) are inconclusive; or
(6)(b)(ii) have not been conducted. See Utah Code 4-39-102Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(42)(b)
(42)(b)(i) after the day described in Subsection (42)(a); and
(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5Veteran: means an individual who:
(44)(a)(i) has served in the United States Armed Forces for at least 180 days:
(44)(a)(i)(A) on active duty; or
(44)(a)(i)(B) in a reserve component, to include the National Guard; or
(44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
(44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5Weighing and measuring: means the use of weights and measures. See Utah Code 4-9-102 Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-9-102 Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-9-102 Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102 Writing: includes :
(48)(a) printing;
(48)(b) handwriting; and
(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5