Section 23A-2-209 - Transplants of big game, turkeys, wolves, or sensitive species(1) Subject to Subsection (7), the division may transplant big game, turkeys, wolves, or sensitive species only in accordance with:(a)(i) a list of sites for the transplant of each particular species that is prepared and adopted in accordance with Subsections (2) through (5);(ii) a species management plan, such as a deer or elk management plan adopted under Section 23A-11-301 or a recovery plan for a threatened or endangered species, provided that:(A) the plan identifies sites for the transplant of the species or the lands or waters the species are expected to occupy; and(B) the public has had an opportunity to comment and make recommendations on the plan; and(iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq. if the transplant involves a threatened or endangered species; or(b) a legal agreement between the state and a tribal government that identifies potential transplants .
(2) The division shall: (a) consult with the landowner in determining the suitability of a site for the transplant of a species;(b) prepare a list of proposed sites for the transplant of species; and(c) provide notification of proposed sites for the transplant of species to: (i) local government officials having jurisdiction over areas that may be affected by a transplant; and(ii) the Resource Development Coordinating Committee created in Section 63L-11-401.(3) After receiving comments from local government officials and the Resource Development Coordinating Committee, the division shall submit the list of proposed transplant sites, or a revised list, to regional advisory councils for the one or more regions that may be affected by the transplants of species.(4) A regional advisory council reviewing a list of proposed sites for the transplant of species may submit recommendations to the Wildlife Board.(5) The Wildlife Board shall approve, modify, or reject a proposal for the transplant of a species.(6) A list of proposed transplant sites approved by the Wildlife Board shall have a termination date after which a transplant may not occur.(7) Before reintroducing a big game animal to a new area under this section, the Wildlife Board shall approve a mitigation plan that complies with Section 23A-2-210.Renumbered from § 23-14-21 and amended by Chapter 103, 2023 General Session ,§ 19, eff. 7/1/2023.Amended by Chapter 198, 2023 General Session ,§ 1, eff. 5/3/2023.Amended by Chapter 382, 2008 General Session.