Utah Code § 23A-8-202

Current through the 2024 Fourth Special Session
Section 23A-8-202 - Livestock depredation by predators
(1) If a predator harasses, chases, disturbs, harms, attacks, or kills livestock, within 96 hours of the act:
(a) in a depredation case, the livestock owner, an immediate family member, or an employee of the livestock owner on a regular payroll and not specifically hired to take a predator, may take predators subject to the requirements of this section;
(b) a landowner or livestock owner may notify the division of the depredation or human health and safety concerns, who may authorize a local hunter to take the offending predator or notify a wildlife specialist; or
(c) the livestock owner may notify a wildlife specialist of the depredation who may take the depredating predator.
(2) A depredating predator may be taken at any time by a wildlife specialist, supervised by the Wildlife Services Program, while acting in the performance of the wildlife specialist's assigned duties and in accordance with procedures approved by the division.
(3)
(a) A depredating predator may be taken by an individual authorized in Subsection (1)(a):
(i) with a weapon authorized by the division, pursuant to rules made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for taking the predator; or
(ii) only using snares:
(A) with written authorization from the director;
(B) subject to the conditions and restrictions set out in the written authorization; and
(C) if the division verifies that there has been a chronic depredation situation when numerous livestock have been killed by a predator as described in rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) An individual authorized in Subsection (1)(a) to take depredating predators may take no more than two bears per incident.
(4)
(a) In accordance with Subsection (4)(b), the division may issue a depredation permit to take a predator on specified private lands and public land grazing allotments with a chronic depredation situation when numerous livestock have been killed by predators.
(b) The division may:
(i) issue one or more depredation permits to an affected livestock owner or a designee of the affected livestock owner, provided that the livestock owner does not receive monetary consideration from the designee for the opportunity to use the depredation permit;
(ii) determine the legal weapons and methods of taking allowed; and
(iii) specify the area and season that the depredation permit is valid.
(5)
(a) A predator taken under Subsection (1)(a) or (4) remains the property of the state and shall be delivered to a division office or employee with 96 hours of the take.
(b) The division may issue a predatory damage permit to a person who has taken a depredating predator under Subsection (1)(a) that authorizes the individual to keep the carcass.
(c) An individual who takes a predator under Subsection (1)(a) or (4) may acquire and use a limited entry permit or harvest objective permit in the same year.
(d) Notwithstanding Subsections (5)(b) and (c), a person may retain no more than one predator carcass annually.
(6) Money derived from the sale of a predator taken under this section shall be deposited into the Wildlife Resources Account created in Section 23A-3-201.
(7) Nothing in this section prohibits the division from permitting the removal of a bear causing damage to cultivated crops on cleared and planted land pursuant to rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) Nothing is this section prohibits receiving compensation for livestock damage done by a bear, mountain lion, wolf, or eagle in accordance with Section 23A-8-201.

Utah Code § 23A-8-202

Renumbered from § 23-24-2 and amended by Chapter 103, 2023 General Session ,§ 176, eff. 7/1/2023.
Added by Chapter 100, 2020 General Session ,§ 1, eff. 5/12/2020.