Utah Code 23A-8-402. Damage to cultivated crops, livestock forage, fences, or irrigation equipment by big game animals — Notice to division — Depredation mitigation plan
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Terms Used In Utah Code 23A-8-402
- Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
- Cultivated crops: means :(2)(a) annual or perennial crops harvested from or on cleared and planted land;(2)(b) perennial orchard trees on cleared and planted land;(2)(c) crop residues that have forage value for livestock; and(2)(d) pastures. See Utah Code 23A-8-101
- Depredation: means an act causing damage or death. See Utah Code 23A-8-101
- Depredation mitigation plan: means the plan described in Subsection 23A-8-402(2). See Utah Code 23A-8-101
- Director: means the director of the division appointed under Section
23A-2-202 . See Utah Code 23A-1-101- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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
- Growing season: means the portion of a year in which local conditions permit normal plant growth. See Utah Code 23A-8-101
- Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. 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- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Livestock: means cattle, sheep, horses, goats, or turkeys. See Utah Code 23A-8-101
- Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-8-101
- 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
- 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- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) If on private land big game animals damage cultivated crops, livestock forage, fences, or irrigation equipment, the landowner or lessee shall immediately, upon discovery of the damage, request that the division take action to alleviate the depredation problem.(1)(b) The landowner or lessee shall allow division personnel reasonable access to the property sustaining damage to verify and alleviate the depredation problem.(2)(2)(a) Within 72 hours after receiving the request for action under Subsection (1)(a), the division shall investigate the situation, and if it appears that depredation by big game animals may continue, the division shall:(2)(a)(i) remove the big game animals causing depredation; or(2)(a)(ii) implement a depredation mitigation plan that is approved, in writing, by the landowner or lessee.(2)(b) A depredation mitigation plan may provide for any or all of the following:(2)(b)(i) the scheduling of a depredation hunt;(2)(b)(ii) issuing permits to the landowners or lessees, to take big game animals causing depredation during a general or special season hunt authorized by the Wildlife Board;(2)(b)(iii) allowing landowners or lessees to designate recipients who may obtain a mitigation permit to take big game animals on the landowner’s or lessee’s land during a general or special season hunt authorized by the Wildlife Board; or(2)(b)(iv) 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.(2)(c)(2)(c)(i) The division shall specify the number and sex of the big game animals that may be taken pursuant to Subsections (2)(b)(ii) and (iii).(2)(c)(ii) The division shall direct control efforts toward antlerless animals, if possible.(2)(d) The director or the director’s designee shall approve a permit issued for an antlered animal.(2)(e) The division and the landowner or lessee shall jointly determine the number of big game animals taken pursuant to Subsection (2)(b)(ii) of which the landowner or lessee may retain possession.(2)(f) In determining appropriate remedial action under this Subsection (2), the division shall consider:(2)(f)(i) the extent of damage experienced or expected in a single growing season; and(2)(f)(ii) revenue the landowner derives from:(2)(f)(ii)(A) participation in a cooperative wildlife management unit;(2)(f)(ii)(B) use of landowner association permits;(2)(f)(ii)(C) use of mitigation permits; and(2)(f)(ii)(D) charging for hunter access.(3) A landowner or lessee shall determine a fee for accessing the owner’s or lessee’s land.(4)(4)(a) If the landowner or lessee who approved the depredation mitigation plan under Subsection (2)(a)(ii) subsequently determines that the plan is not acceptable, the landowner or lessee may revoke the landowner’s or lessee’s approval of the plan and again request that the division take action pursuant to Subsection (2)(a)(i).(4)(b) The division shall consider a subsequent request for action provided under Subsection (4)(a) to be a new request for purposes of the 72-hour time limit specified in Subsection (2)(a).(5)(5)(a) The division may enter into a conservation lease with the owner or lessee of private lands for a fee or other remuneration as compensation for depredation.(5)(b) A conservation lease entered into under this section shall provide that the claimant may not unreasonably restrict hunting on the land or passage through the land to access public lands for the purpose of hunting, if those actions are necessary to control or mitigate damage by big game animals.