Utah Code 23A-8-302. Damage by turkeys
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 23A-8-302
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Depredation: means an act causing damage or death. See Utah Code 23A-8-101
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- 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
- 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- turkey: means a wild, free-ranging turkey and does not include a privately owned or domestic turkey. See Utah Code 23A-8-101
- 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) If a turkey materially damages private property, the landowner or lessee of the property may:(1)(a)(i) notify the division of the damage; and(1)(a)(ii) request that the division take action to mitigate the damage.(1)(b) The landowner or lessee of the damaged property shall allow division staff reasonable access to the damaged property to verify and mitigate the damage.(2)(2)(a) Within 72 hours after receiving a request for action under Subsection (1)(a)(ii), the division shall investigate the damaged property and, if it appears that material damage by a turkey may continue, the division shall begin to:(2)(a)(i) remove or drive off the turkeys causing the damage; or(2)(a)(ii) implement a damage mitigation and prevention plan with the written approval of the landowner or lessee of the property.(2)(b) As part of a damage mitigation and prevention plan described in Subsection (2)(a)(ii), the division may:(2)(b)(i) schedule a depredation hunt;(2)(b)(ii) issue a permit to the landowner or lessee to, during a general or special season hunt authorized by the Wildlife Board, take a turkey on the property;(2)(b)(iii) allow the landowner or lessee to designate recipients who may obtain a mitigation permit to, during a general or special season hunt authorized by the Wildlife Board, take a turkey on the property;(2)(b)(iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a turkey that causes damage to the property;(2)(b)(v) capture and relocate, or allow the landowner or lessee to capture and relocate, a turkey that causes damage to the property; or(2)(b)(vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable for the location of the property due to local law or public safety concerns.(2)(c) If the division takes an action described in Subsection (2)(b)(ii) or (iii), the division shall specify the number and sex of turkeys the landowner or lessee is authorized to take in accordance with Subsection (2)(b)(ii) or (iii).(2)(d) If a landowner or lessee takes a turkey under Subsection (2)(b)(ii), the division and the landowner or lessee shall jointly determine the number of turkeys the landowner or lessee may retain.(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules necessary to administer this section. - Take: means to: