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·Title 23A Wildlife Resources Act·Ch. 23A-5 Enforcement and Violations·Part 23A-5-3 Violations

(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.

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