Utah Code 23A-8-403. Landowner or lessee may kill big game animals
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Terms Used In Utah Code 23A-8-403
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Big game: means species of hoofed protected wildlife. See Utah Code 23A-1-101
- Carcass: means the dead body of an animal or the animal's parts. 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- 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
- 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- Mitigation review panel: means the panel created under Section 23A-8-404. See Utah Code 23A-8-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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- 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) A landowner or lessee may kill big game animals damaging cultivated crops on private land if:(1)(a)(i) it is necessary to protect cultivated crops;(1)(a)(ii) 72 hours has expired since a request for action is given pursuant to Subsection 23A-8-402(1)(a);(1)(a)(iii) the landowner or lessee has provided or sent written notice of an intent to kill the big game animal to the nearest regional office of the division;(1)(a)(iv) the landowner or lessee kills the big game animal within 90 days, or a longer period, if approved, in writing, by the division, after having requested that the division take action to prevent depredation under Subsection 23A-8-402(1)(a); and(1)(a)(v) the killing is not prohibited by Subsection (2)(a) or (3).(1)(b) Immediately after killing a big game animal under Subsection (1)(a), the landowner or lessee shall notify the division of the killing.(1)(c) The carcass of a big game animal killed under Subsection (1)(a) is the property of the division and the division shall dispose of the carcass.(1)(d) Money derived from the sale of big game animals killed shall be placed in the Wildlife Resources Account created in Section 23A-3-201.(1)(e) A landowner or lessee who kills big game animals pursuant to this section shall:(1)(e)(i) make reasonable effort to prevent the big game animals from wasting; and(1)(e)(ii) provide the division reasonable access to the landowner’s or lessee’s land to retrieve and dispose of the big game animals.(2)(2)(a) The director may prohibit the killing of big game animals under Subsection (1)(a) if, within 72 hours after a landowner or lessee has requested that the division take action to remove depredating big game animals, the division:(2)(a)(i) determines that the restitution value of the big game animal or animals, as established under Section 23A-5-312, is more than twice the estimated value of the cultivated crops that have been or will be damaged or consumed within a single growing season;(2)(a)(ii) determines that the prohibition is consistent with the management plan established under Section 23A-11-301;(2)(a)(iii) notifies the landowner or lessee of the prohibition; and(2)(a)(iv) offers the landowner or lessee a depredation mitigation plan.(2)(b) A landowner or lessee who is offered a depredation mitigation plan may:(2)(b)(i) accept the plan in writing; or(2)(b)(ii) refuse to accept the plan and appeal the plan, in writing, to the director.(3) After a landowner or lessee has killed a big game animal under Subsection (1)(a), the director may prohibit further killing of big game animals if:(3)(a) the division takes the actions described in Subsections (2)(a)(i) through (iv); or(3)(b) the mitigation review panel reviews and approves the depredation mitigation plan.