This document includes House Committee Amendments incorporated into the bill on Mon, Feb 10, 2020 at 7:29 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill addresses predators of livestock.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ provides when, how, and by whom predators may be taken for depredation of
14 livestock;
15 ▸ addresses who owns a predator;
16 ▸ requires money derived from the sale of a predator to be deposited into the Wildlife
17 Resources Account; and
18 ▸ addresses relationship to other rules or statutes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 23-24-2, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 23-24-2 is enacted to read:
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30 23-24-2. Livestock depredation.
31 (1) As used in this section:
32 (a) "Depredation" means an act causing damage or death.
33 (b) "Director" means the director of the Division of Wildlife Resources.
34 (c) "Division" means the Division of Wildlife Resources.
35 (d) "Livestock" means cattle, sheep, goats, Ĥ→ horses, ←Ĥ or turkeys.
36 (e) "Predator" means a mountain lion or bear.
37 (f) "Wildlife Board" means the board created in Section 23-14-2.
38 (g) "Wildlife Services Program" means a program of the United States Department of
39 Agriculture that helps resolve conflicts with wildlife to protect agriculture, other property, and
40 natural resources, and to safeguard human health and safety.
41 (h) "Wildlife specialist" means a United States Department of Agriculture, Wildlife
42 Services specialist.
43 (2) If a predator harasses, chases, disturbs, harms, attacks, or kills livestock, within 96
44 hours of the act:
45 (a) in a depredation case, the livestock owner, an immediate family member, or an
46 employee of the owner on a regular payroll and not specifically hired to take a predator, may
47 take predators subject to the requirements of this section;
48 (b) a landowner or livestock owner may notify the division of the depredation or
49 human health and safety concerns, who may authorize a local hunter to take the offending
50 predator or notify a wildlife specialist; or
51 (c) the livestock owner may notify a wildlife specialist of the depredation who may
52 take the depredating predator.
53 (3) A depredating predator may be taken at any time by a wildlife specialist, supervised
54 by the Wildlife Services Program, while acting in the performance of the wildlife specialist's
55 assigned duties and in accordance with procedures approved by the division.
56 (4) (a) A depredating predator may be taken by an individual authorized in Subsection
57 (2)(a):
58 (i) with a weapon authorized by the division, pursuant to rules made by the Wildlife
59 Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
60 taking the predator; or
61 (ii) only using snares:
62 (A) with written authorization from the director;
63 (B) subject to the conditions and restrictions set out in the written authorization; and
64 (C) if the division verifies that there has been a chronic depredation situation when
65 numerous livestock have been killed by a predator as described in rule made by the Wildlife
66 Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
67 (b) An individual authorized in Subsection (2)(a) to take depredating predators may
68 take no more than two bears per incident.
69 (5) (a) In accordance with Subsection (5)(b), the division may issue a depredation
70 permit to take a predator on specified private lands and public land grazing allotments with a
71 chronic depredation situation when numerous livestock have been killed by predators.
72 (b) The division may:
73 (i) issue one or more depredation permits to an affected livestock owner or a designee
74 of the affected livestock owner, provided that the livestock owner does not receive monetary
75 consideration from the designee for the opportunity to use the depredation permit;
76 (ii) determine the legal weapons and methods of taking allowed; and
77 (iii) specify the area and season that the depredation permit is valid.
78 (6) (a) A predator taken under Subsection (2)(a) or (5) remains the property of the state
79 and shall be delivered to a division office or employee with 96 hours of the take.
80 (b) The division may issue a predatory damage permit to a person who has taken a
81 depredating predator under Subsection (2)(a) that authorizes the individual to keep the carcass.
82 (c) An individual who takes a predator under Subsection (2)(a) or (5) may acquire and
83 use a limited entry permit or harvest objective permit in the same year.
84 (d) Notwithstanding Subsections (6)(b) and (c), a person may retain no more than one
85 predator carcass annually.
86 (7) Money derived from the sale of a predator taken under this section shall be
87 deposited into the Wildlife Resources Account created in Section 23-14-13.
88 (8) Nothing in this section prohibits the division from permitting the removal of a bear
89 causing damage to cultivated crops on cleared and planted land pursuant to rule made by the
90 Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
91 (9) Nothing is this section prohibits receiving compensation for livestock damage done
92 by a bear, mountain lion, wolf, or eagle in accordance with Section 23-24-1.