§ 23A-2-210 — Mitigation plan related to big game reintroduction.

(1) Before reintroducing a big game animal, turkey, wolf, or sensitive species to a new area in accordance with Section 23A-2-209, the Wildlife Board shall approve a mitigation plan for the area into which the animal is being transplanted.
(2) (2)(a) A mitigation plan described in this section shall:
(2)(a)(i) identify the objectives of the reintroduction of an animal;
(2)(a)(ii) provide conditions for issuing a permit to the landowner or lessee to take a big game animal, that is causing depredation, during a general or special season hunt authorized by the Wildlife Board; and
(2)(a)(iii) describe conditions for removal of a transplanted animal if:

(2)(a)(iii)(A) transplant objectives identified in the mitigation plan are not met; or
(2)(a)(iii)(B) property damage occurs.
(2)(b) A mitigation plan described in this section may provide for:
(2)(b)(i) the scheduling of a depredation hunt;
(2)(b)(ii) allowing a landowner or lessee to designate a recipient who may obtain a mitigation permit to take a big game animal on the landowner's or lessee's land during a general or special season hunt authorized by the Wildlife Board; and
(2)(b)(iii) 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.
(3) The division shall specify the number and sex of the big game animals that may be taken under Subsection (2)(a) or (2)(b)(ii).
(4) The division shall determine the number of animals taken under Subsection (2)(a) of which the landowner or lessee may retain possession.
(5) In determining appropriate remedial action under a mitigation plan described in this section, the division shall consider the:

(5)(a) extent of damage experienced;
(5)(b) use of landowner permits;
(5)(c) use of mitigation permits; and
(5)(d) objectives for the wildlife population.

Legislative History

Enacted by Chapter 198, 2023 General Session