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

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Terms Used In Utah Code 23A-2-209

  • Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
  • Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
  • Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
  • Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
  • 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.
  • Regional advisory council: means a council created under Section 23A-2-303. See Utah Code 23A-1-101
  • State: 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
  • Threatened: means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
  • Wildlife: means :
         (61)(a) crustaceans, including brine shrimp and crayfish;
         (61)(b) mollusks; and
         (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
  • Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
     (1)(a)

          (1)(a)(i) a list of sites for the transplant of each particular species that is prepared and adopted in accordance with Subsections (2) through (5);
          (1)(a)(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:

               (1)(a)(ii)(A) the plan identifies sites for the transplant of the species or the lands or waters the species are expected to occupy; and
               (1)(a)(ii)(B) the public has had an opportunity to comment and make recommendations on the plan; and
          (1)(a)(iii) the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. if the transplant involves a threatened or endangered species; or
     (1)(b) a legal agreement between the state and a tribal government that identifies potential transplants

     .

(2) The division shall:

     (2)(a) consult with the landowner in determining the suitability of a site for the transplant of a species;
     (2)(b) prepare a list of proposed sites for the transplant of species; and
     (2)(c) provide notification of proposed sites for the transplant of species to:

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