Utah § 23A-5-308 Administering substances to protected wildlife prohibited -- Exceptions -- Criminal penalty.

Utah Statutes

§ 23A-5-308 — Administering substances to protected wildlife prohibited -- Exceptions -- Criminal penalty.

Utah § 23A-5-308

Title 23AWildlife Resources Act

Ch. 23A-5Enforcement and Violations

Part 23A-5-3Violations

This text of Utah § 23A-5-308 (Administering substances to protected wildlife prohibited -- Exceptions -- Criminal penalty.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 23A-5-308 (2026).

Text

(1)For purposes of this section:

(1)(a) "Administer" means the application of a substance by any method, including:

(1)(a)(i) injection;

(1)(a)(ii) inhalation;

(1)(a)(iii) ingestion; or

(1)(a)(iv) absorption.

(1)(b) "Agricultural producer" means a person who produces an agricultural product.

(1)(c) "Agricultural product" means the same as that term is defined in Section 4-1-109.

(1)(d) "Substance" means a chemical or organic substance that:

(1)(d)(i) pacifies;

(1)(d)(ii) sedates;

(1)(d)(iii) immobilizes;

(1)(d)(iv) harms;

(1)(d)(v) kills;

(1)(d)(vi) controls fertility; or

(1)(d)(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).

(2)Except as authorized by Subsection (4) or a rule made by the Wildlife Board in accordance with Title 63G, Chapter

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(1) For purposes of this section:

(1)(a) "Administer" means the application of a substance by any method, including:
(1)(a)(i) injection;
(1)(a)(ii) inhalation;
(1)(a)(iii) ingestion; or
(1)(a)(iv) absorption.
(1)(b) "Agricultural producer" means a person who produces an agricultural product.
(1)(c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
(1)(d) "Substance" means a chemical or organic substance that:
(1)(d)(i) pacifies;
(1)(d)(ii) sedates;
(1)(d)(iii) immobilizes;
(1)(d)(iv) harms;
(1)(d)(v) kills;
(1)(d)(vi) controls fertility; or
(1)(d)(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (4) or a rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may not administer or attempt to administer a substance to protected wildlife.
(3) A person who violates this section is subject to the penalty provided in Section 23A-5-301.
(4) (4)(a) A division employee or a person with written permission from the division may administer a substance to protected wildlife if that employee or person administers the substance to promote wildlife management and conservation.
(4)(b) One or more of the following may administer a substance to protected wildlife that the person is authorized by this title, the Wildlife Board, or the division to possess:
(4)(b)(i) a licensed veterinarian;
(4)(b)(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(4)(b)(iii) a person who is following written instructions for veterinary care from a licensed veterinarian.
(5) Notwithstanding the other provisions of this section, a person is not liable under this section for administering a substance, notwithstanding the substance has an effect described in Subsection (1)(d) on protected wildlife, if:

(5)(a) an agricultural producer administers the substance:
(5)(a)(i) for the sole purpose of producing an agricultural product and not for the purpose of affecting protected wildlife in a manner described in Subsection (1)(d);
(5)(a)(ii) consistent with generally accepted agricultural practices; and
(5)(a)(iii) in compliance with applicable local, state, and federal law; or
(5)(b) the protected wildlife presents an immediate threat of death or serious bodily injury to a person.