23-13-19 - Administering substances to protected wildlife prohibited -- Exceptions.
23-13-19. Administering substances to protected wildlife prohibited -- Exceptions.
(1) For purposes of this section:
(a) "Administer" means the application of a substance by any method, including:
(i) injection;
(ii) inhalation;
(iii) ingestion; or
(iv) absorption.
(b) "Agricultural producer" means a person who produces an agricultural product.
(c) "Agricultural product" is as defined in Section 4-1-8.
(d) "Substance" means a chemical or organic substance that:
(i) pacifies;
(ii) sedates;
(iii) immobilizes;
(iv) harms;
(v) kills;
(vi) controls fertility; or
(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a personmay not administer or attempt to administer a substance to protected wildlife.
(3) (a) A division employee or a person with written permission from the division mayadminister a substance to protected wildlife if that employee or person administers the substance topromote wildlife management and conservation.
(b) One or more of the following may administer a substance to protected wildlife that theperson is authorized by this title, the Wildlife Board, or the division to possess:
(i) a licensed veterinarian;
(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(iii) a person who is following written instructions for veterinary care from a licensedveterinarian.
(4) A person is not liable under this section for administering a substance, notwithstanding thesubstance has an effect described in Subsection (1)(d) on protected wildlife, if:
(a) an agricultural producer administers the substance:
(i) for the sole purpose of producing an agricultural product and not for the purpose of affectingprotected wildlife in a manner described in Subsection (1)(d);
(ii) consistent with generally accepted agricultural practices; and
(iii) in compliance with applicable local, state, and federal law; or
(b) the protected wildlife presents an immediate threat of death or serious bodily injury to aperson.
Enacted by Chapter 308, 2009 General Session