First Substitute H.B. 342

Representative Ronda Rudd Menlove proposes the following substitute bill:

1 WILD TURKEY MANAGEMENT
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ronda Rudd Menlove
5 Senate Sponsor: Scott K. Jenkins
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the management of turkeys.
10 Highlighted Provisions:
11 This bill:
12 . requires the Division of Wildlife Resources to investigate and mitigate substantial
13 damage to private property by a wild turkey;
14 . gives rulemaking authority to the Wildlife Board to administer provisions relating to
15 private property damage caused by wild turkeys; and
16 . requires the Division of Wildlife Resources to establish two general season turkey
17 hunts per year.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 23-17-5.1, Utah Code Annotated 1953
25 23-17-5.2, Utah Code Annotated 1953

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 23-17-5.1 is enacted to read:
29 23-17-5.1. Damage by turkeys.
30 (1) As used in this section, "turkey" means a wild, free ranging turkey and does not
31 include a privately owned or domestic turkey.
32 (2) (a) If a turkey substantially damages private property, the landowner or lessee of the
33 property may:
34 (i) notify the division of the damage; and
35 (ii) request that the division take action to mitigate the damage.
36 (b) The landowner or lessee of the damaged property shall allow division staff
37 reasonable access to the damaged property to verify and mitigate the damage.
38 (3) (a) Within 48 hours after receiving a request for action under Subsection (2)(a)(ii),
39 the division shall investigate the damaged property and, if it appears that substantial damage by
40 a turkey may continue, the division shall begin to:
41 (i) remove or drive off the turkeys causing the damage; or
42 (ii) implement a damage mitigation and prevention plan with the written approval of
43 the landowner or lessee of the property.
44 (b) As part of a damage mitigation and prevention plan described in Subsection
45 (3)(a)(ii), the division may:
46 (i) schedule a depredation hunt;
47 (ii) issue a permit to the landowner or lessee to, during a general or special season hunt
48 authorized by the Wildlife Board, take a turkey on the property;
49 (iii) allow the landowner or lessee to designate recipients who may obtain a mitigation
50 permit to, during a general or special season hunt authorized by the Wildlife Board, take a
51 turkey on the property;
52 (iv) use, or allow the landowner or lessee to use, a nonlethal method to drive off a
53 turkey that causes damage to the property;
54 (v) capture and relocate, or allow the landowner or lessee to capture and relocate, a
55 turkey that causes damage to the property; or
56 (vi) use, or authorize the landowner or lessee to use, a weapon or method otherwise

57 prohibited to take a turkey under this title, if traditional weapons and methods are unsuitable
58 for the location of the property due to local law or public safety concerns.
59 (c) If the division takes an action described in Subsection (3)(b)(ii) or (iii), the division
60 shall specify the number and sex of turkeys the landowner or lessee is authorized to take in
61 accordance with Subsections (3)(b)(ii) or (iii).
62 (d) If a landowner or lessee takes a turkey under Subsection (3)(b)(ii), the division and
63 the landowner or lessee shall jointly determine the number of turkeys the landowner or lessee
64 may retain.
65 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
66 Wildlife Board may make rules necessary to administer the provisions of this section.
67 Section 2. Section 23-17-5.2 is enacted to read:
68 23-17-5.2. General season turkey hunts.
69 The Wildlife Board shall establish two general season turkey hunts per year.

[Bill Documents]