1.  Except as otherwise provided in subsection 3, a person shall not intentionally feed any big game mammal without written authorization from the Department.

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2.  A person who violates subsection 1:

(a) For a first offense, must not be cited or charged criminally but must be informed, in writing, of the behavior that constitutes the violation and the penalties prescribed by this section for any subsequent violation of this section.

(b) For a second offense, shall be punished by a fine of not more than $250.

(c) For a third or subsequent offense, shall be punished by a fine of not more than $500.

3.  The provisions of this section do not apply to any employee or agent of the Department or the Animal and Plant Health Inspection Service of the United States Department of Agriculture who, while carrying out his or her duties, intentionally feeds a big game mammal for any purpose.

4.  As used in this section:

(a) ’Big game mammal’ means:

(1) Any pronghorn antelope, black bear, mule deer, mountain goat, mountain lion or Rocky Mountain elk; or

(2) Any of the following subspecies of bighorn sheep:

(I) Nelson bighorn sheep;

(II) California bighorn sheep; or

(III) Rocky Mountain bighorn sheep.

(b) ’Intentionally feed’ means to supply, provide or otherwise make available any salt, grain, meat or other form of nourishment with the intent to attract or feed a big game mammal. The term does not include any incidental or unintentional feeding of a big game mammal, including, without limitation, any such feeding associated with:

(1) Any accepted agricultural or livestock practice;

(2) Any planting or maintenance of any shrub, tree or other landscaping for any residence, property or area; or

(3) Any sporting event or outdoor activity at which food is served or consumed.