23-13-19 - Administering substances to protected wildlife prohibited -- Exceptions. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-23 > Chapter-13 > 23-13-19

23-13-19. Administering substances to protected wildlife prohibited -- Exceptions.
(1) For purposes of this section:
(a) "Administer" means the application of a substance by any method, including:
(i) injection;
(ii) inhalation;
(iii) ingestion; or
(iv) absorption.
(b) "Agricultural producer" means a person who produces an agricultural product.
(c) "Agricultural product" is as defined in Section 4-1-8.
(d) "Substance" means a chemical or organic substance that:
(i) pacifies;
(ii) sedates;
(iii) immobilizes;
(iv) harms;
(v) kills;
(vi) controls fertility; or
(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a personmay not administer or attempt to administer a substance to protected wildlife.
(3) (a) A division employee or a person with written permission from the division mayadminister a substance to protected wildlife if that employee or person administers the substance topromote wildlife management and conservation.
(b) One or more of the following may administer a substance to protected wildlife that theperson is authorized by this title, the Wildlife Board, or the division to possess:
(i) a licensed veterinarian;
(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(iii) a person who is following written instructions for veterinary care from a licensedveterinarian.
(4) A person is not liable under this section for administering a substance, notwithstanding thesubstance has an effect described in Subsection (1)(d) on protected wildlife, if:
(a) an agricultural producer administers the substance:
(i) for the sole purpose of producing an agricultural product and not for the purpose of affectingprotected wildlife in a manner described in Subsection (1)(d);
(ii) consistent with generally accepted agricultural practices; and
(iii) in compliance with applicable local, state, and federal law; or
(b) the protected wildlife presents an immediate threat of death or serious bodily injury to aperson.

Enacted by Chapter 308, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-23 > Chapter-13 > 23-13-19

23-13-19. Administering substances to protected wildlife prohibited -- Exceptions.
(1) For purposes of this section:
(a) "Administer" means the application of a substance by any method, including:
(i) injection;
(ii) inhalation;
(iii) ingestion; or
(iv) absorption.
(b) "Agricultural producer" means a person who produces an agricultural product.
(c) "Agricultural product" is as defined in Section 4-1-8.
(d) "Substance" means a chemical or organic substance that:
(i) pacifies;
(ii) sedates;
(iii) immobilizes;
(iv) harms;
(v) kills;
(vi) controls fertility; or
(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a personmay not administer or attempt to administer a substance to protected wildlife.
(3) (a) A division employee or a person with written permission from the division mayadminister a substance to protected wildlife if that employee or person administers the substance topromote wildlife management and conservation.
(b) One or more of the following may administer a substance to protected wildlife that theperson is authorized by this title, the Wildlife Board, or the division to possess:
(i) a licensed veterinarian;
(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(iii) a person who is following written instructions for veterinary care from a licensedveterinarian.
(4) A person is not liable under this section for administering a substance, notwithstanding thesubstance has an effect described in Subsection (1)(d) on protected wildlife, if:
(a) an agricultural producer administers the substance:
(i) for the sole purpose of producing an agricultural product and not for the purpose of affectingprotected wildlife in a manner described in Subsection (1)(d);
(ii) consistent with generally accepted agricultural practices; and
(iii) in compliance with applicable local, state, and federal law; or
(b) the protected wildlife presents an immediate threat of death or serious bodily injury to aperson.

Enacted by Chapter 308, 2009 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-23 > Chapter-13 > 23-13-19

23-13-19. Administering substances to protected wildlife prohibited -- Exceptions.
(1) For purposes of this section:
(a) "Administer" means the application of a substance by any method, including:
(i) injection;
(ii) inhalation;
(iii) ingestion; or
(iv) absorption.
(b) "Agricultural producer" means a person who produces an agricultural product.
(c) "Agricultural product" is as defined in Section 4-1-8.
(d) "Substance" means a chemical or organic substance that:
(i) pacifies;
(ii) sedates;
(iii) immobilizes;
(iv) harms;
(v) kills;
(vi) controls fertility; or
(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a personmay not administer or attempt to administer a substance to protected wildlife.
(3) (a) A division employee or a person with written permission from the division mayadminister a substance to protected wildlife if that employee or person administers the substance topromote wildlife management and conservation.
(b) One or more of the following may administer a substance to protected wildlife that theperson is authorized by this title, the Wildlife Board, or the division to possess:
(i) a licensed veterinarian;
(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(iii) a person who is following written instructions for veterinary care from a licensedveterinarian.
(4) A person is not liable under this section for administering a substance, notwithstanding thesubstance has an effect described in Subsection (1)(d) on protected wildlife, if:
(a) an agricultural producer administers the substance:
(i) for the sole purpose of producing an agricultural product and not for the purpose of affectingprotected wildlife in a manner described in Subsection (1)(d);
(ii) consistent with generally accepted agricultural practices; and
(iii) in compliance with applicable local, state, and federal law; or
(b) the protected wildlife presents an immediate threat of death or serious bodily injury to aperson.

Enacted by Chapter 308, 2009 General Session