4-39-401. Escape of domesticated elk -- Liability.
(1) It is the owner's responsibility to try to capture any domesticated elk that may have
escaped.
(2) The escape of a domesticated elk shall be reported immediately to the state
veterinarian or a brand inspector of the Department of Agriculture who shall notify the Division
of Wildlife Resources.
(3) If the domesticated elk is not recovered within 72 hours of the escape, the Department
of Agriculture, in conjunction with the Division of Wildlife Resources, shall take whatever action
is necessary to resolve the problem.
(4) The owner shall reimburse the state or a state agency for any reasonable recapture
costs that may be incurred in the recapture or destruction of the animal.
(5) Any escaped domesticated elk taken by a licensed hunter in a manner which complies
with the provisions of Title 23 and the rules of the Wildlife Board shall be considered to be a
legal taking and neither the licensed hunter, the state, nor a state agency shall be liable to the
owner for the killing.
(6) The owner shall be responsible to contain the domesticated elk to ensure that there is
no spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk is
protected.
Enacted by Chapter 302, 1997 General Session
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Last revised: Thursday, May 28, 2009