Utah Code 23A-2-210. Mitigation plan related to big game reintroduction
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(1) Before reintroducing a big game animal, turkey, wolf, or sensitive species to a new area in accordance with Section 23A-2-209, the Wildlife Board shall approve a mitigation plan for the area into which the animal is being transplanted.
Terms Used In Utah Code 23A-2-210
- 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
- Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
- 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 68-3-12.5
- Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
- Possession: means actual or constructive possession. See Utah Code 23A-1-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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 68-3-12.5- Take: means to:
(54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or(54)(b) attempt an action referred to in Subsection (54)(a). 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(2)(2)(a) A mitigation plan described in this section shall:(2)(a)(i) identify the objectives of the reintroduction of an animal;(2)(a)(ii) provide conditions for issuing a permit to the landowner or lessee to take a big game animal, that is causing depredation, during a general or special season hunt authorized by the Wildlife Board; and(2)(a)(iii) describe conditions for removal of a transplanted animal if:(2)(a)(iii)(A) transplant objectives identified in the mitigation plan are not met; or(2)(a)(iii)(B) property damage occurs.(2)(b) A mitigation plan described in this section may provide for:(2)(b)(i) the scheduling of a depredation hunt;(2)(b)(ii) allowing a landowner or lessee to designate a recipient who may obtain a mitigation permit to take a big game animal on the landowner’s or lessee’s land during a general or special season hunt authorized by the Wildlife Board; and(2)(b)(iii) a description of how the division will assess and compensate the landowner or lessee under Section 23A-8-405 for damage to cultivated crops, fences, or irrigation equipment.(3) The division shall specify the number and sex of the big game animals that may be taken under Subsection (2)(a) or (2)(b)(ii).(4) The division shall determine the number of animals taken under Subsection (2)(a) of which the landowner or lessee may retain possession.(5) In determining appropriate remedial action under a mitigation plan described in this section, the division shall consider the:(5)(a) extent of damage experienced;(5)(b) use of landowner permits;(5)(c) use of mitigation permits; and(5)(d) objectives for the wildlife population.