S.B. 13 Enrolled

1

ADMINISTERING SUBSTANCES TO
2 WILDLIFE
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Margaret Dayton
6 House Sponsor: Roger E. Barrus
7
8 LONG TITLE
9 General Description:
10 This bill enacts a provision relating to wildlife.
11 Highlighted Provisions:
12 This bill:
13 . defines terms; and
14 . prohibits a person from administering a substance to wildlife, except in certain
15 circumstances.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 23-13-19, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 23-13-19 is enacted to read:
26 23-13-19. Administering substances to protected wildlife prohibited --
27 Exceptions.
28 (1) For purposes of this section:
29 (a) "Administer" means the application of a substance by any method, including:

30 (i) injection;
31 (ii) inhalation;
32 (iii) ingestion; or
33 (iv) absorption.
34 (b) "Agricultural producer" means a person who produces an agricultural product.
35 (c) "Agricultural product" is as defined in Section 4-1-8 .
36 (d) "Substance" means a chemical or organic substance that:
37 (i) pacifies;
38 (ii) sedates;
39 (iii) immobilizes;
40 (iv) harms;
41 (v) kills;
42 (vi) controls fertility; or
43 (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through
44 (vi).
45 (2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a
46 person may not administer or attempt to administer a substance to protected wildlife.
47 (3) (a) A division employee or a person with written permission from the division may
48 administer a substance to protected wildlife if that employee or person administers the
49 substance to promote wildlife management and conservation.
50 (b) One or more of the following may administer a substance to protected wildlife that
51 the person is authorized by this title, the Wildlife Board, or the division to possess:
52 (i) a licensed veterinarian;
53 (ii) an unlicensed assistive personnel, as defined in Section 58-28-102 ; or
54 (iii) a person who is following written instructions for veterinary care from a licensed
55 veterinarian.
56 (4) A person is not liable under this section for administering a substance,
57 notwithstanding the substance has an effect described in Subsection (1)(d) on protected

58 wildlife, if:
59 (a) an agricultural producer administers the substance:
60 (i) for the sole purpose of producing an agricultural product and not for the purpose of
61 affecting protected wildlife in a manner described in Subsection (1)(d);
62 (ii) consistent with generally accepted agricultural practices; and
63 (iii) in compliance with applicable local, state, and federal law; or
64 (b) the protected wildlife presents an immediate threat of death or serious bodily injury
65 to a person.