Utah Code 23A-5-308. Administering substances to protected wildlife prohibited — Exceptions — Criminal penalty
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(1) For purposes of this section:
Terms Used In Utah Code 23A-5-308
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- Protected wildlife: means wildlife, except as provided in Subsection (43)(b). 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
- 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) “Administer” means the application of a substance by any method, including:(1)(a)(i) injection;(1)(a)(ii) inhalation;(1)(a)(iii) ingestion; or(1)(a)(iv) absorption.(1)(b) “Agricultural producer” means a person who produces an agricultural product.(1)(c) “Agricultural product” means the same as that term is defined in Section 4-1-109.(1)(d) “Substance” means a chemical or organic substance that:(1)(d)(i) pacifies;(1)(d)(ii) sedates;(1)(d)(iii) immobilizes;(1)(d)(iv) harms;(1)(d)(v) kills;(1)(d)(vi) controls fertility; or(1)(d)(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi). - Wildlife Board: means the board created in Section
(2) Except as authorized by Subsection (4) or a rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may not administer or attempt to administer a substance to protected wildlife.
(3) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
(4)
(4)(a) A division employee or a person with written permission from the division may administer a substance to protected wildlife if that employee or person administers the substance to promote wildlife management and conservation.
(4)(b) One or more of the following may administer a substance to protected wildlife that the person is authorized by this title, the Wildlife Board, or the division to possess:
(4)(b)(i) a licensed veterinarian;
(4)(b)(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(4)(b)(iii) a person who is following written instructions for veterinary care from a licensed veterinarian.
(5) Notwithstanding the other provisions of this section, a person is not liable under this section for administering a substance, notwithstanding the substance has an effect described in Subsection (1)(d) on protected wildlife, if:
(5)(a) an agricultural producer administers the substance:
(5)(a)(i) for the sole purpose of producing an agricultural product and not for the purpose of affecting protected wildlife in a manner described in Subsection (1)(d);
(5)(a)(ii) consistent with generally accepted agricultural practices; and
(5)(a)(iii) in compliance with applicable local, state, and federal law; or
(5)(b) the protected wildlife presents an immediate threat of death or serious bodily injury to a person.