Utah Admin. Code R657-33-23 - Livestock and Commercial Crop Depredation
(1) If a bear is harassing, chasing,
disturbing, harming, attacking or killing livestock, or has committed such an
act within the past 96 hours:
(a) the
livestock owner, an immediate family member or an employee of the owner on a
regular payroll, and not hired specifically to take bear, may kill the
bear;
(b) a landowner or livestock
owner may notify the division of the depredating bear and the division may:
(i) authorize a local hunter to take a bear
using a valid permit; or
(ii)
request that the offending bear be removed by UDAF specialist, supervised by
the Livestock Protection Program; or
(c) the livestock owner may notify a UDAF
specialist of the depredation, and that specialist or another agency employee
may take the depredating bear.
(2) Depredating bear may be taken at any time
by a UDAF specialist while acting in the performance of the person's assigned
duties and in accordance with procedures approved by the division.
(3) A depredating bear may be taken by those
persons authorized in Subsection (1)(a) with:
(a) any weapon authorized for taking bear;
or
(b) snares only with written
authorization from the director of the division and subject to any conditions
and restrictions set out in the written authorization.
(i) The option in Subsection (3)(b) may only
be authorized in the case of chronic depredation verified by UDAF or division
personnel where numerous livestock have been killed by a depredating
bear.
(4) A
person authorized under Section (3) to take depredating bear may take no more
than two bears per incident.
(5)
(a) The division may issue depredation
permits to take bear on specified private lands and public land grazing
allotments with a chronic depredation situation where numerous livestock have
been killed by bear.
(b) The
division may:
(i) issue one or more
depredation permits to the affected livestock owner or a designee, provided the
livestock owner does not receive monetary consideration from the designee for
the opportunity to use the depredation permit;
(ii) determine the legal weapons and methods
of take allowed; and
(iii) specify
the area and season that the permit is valid.
(6)
(a) Any
bear taken under Subsection (1)(a) or (5)(a) shall remain the property of the
state and must be delivered to a division office or employee within 96
hours.
(b) The division may issue a
bear depredation permit to a person who has killed a depredating bear under
Subsection (1)(a) or (5)(a) that authorizes the person to keep the
carcass.
(c) A person that takes a
bear under Subsection (1)(a) or (5)(a) may acquire and use a limited entry
permit or harvest objective cougar permit in the same year.
(d) Notwithstanding Subsections (6)(b) and
(6)(c), a person may retain no more than one bear annually.
(7)
(a) The division may issue one or more
control permits to an owner or lessee of private land to remove a bear causing
damage to cultivated crops on cleared and planted land provided the following
conditions are satisfied:
(i) the landowner or
lessee contacts the appropriate division office within 96 hours of the damage
occurring or provides documentation of previous chronic damage
incidents;
(ii) the damaged
cultivated crop is raised and utilized by the landowner or lessee for
commercial gain and with a reasonable expectation of generating a
profit;
(iii) at least 5 acres of
the private land is placed in agricultural use pursuant to Section
59-2-502 and eligible for
agricultural use valuation as provided in Sections
59-2-503 and
59-2-504;
(iv) the division confirms that the private
land where the cultivated crop occurs has experienced chronic recurring damage
from bears, or that there will likely be chronic recurring damage if offending
bears are not immediately removed;
(v) the landowner, an immediate family
member, or an employee of the owner on a regular payroll, and not hired
specifically to take bear, receives the control permit from the division to
remove the bear prior to initiating such action; and
(vi) the bear removal is otherwise in
accordance with Utah law.
(b) The division may issue control permits
described in Subsection (7)(a) to identify restrictions necessary and to
balance the threat to commercial crops on cleared and planted land and the
wildlife resource, such as:
(i) locations on
the landowner or lessee's private property where offending bears may be
taken;
(ii) the total number of
control permits that may be issued; and
(iii) reporting requirements to the
division.
(c) Nothing
herein mandates the division to issue control permits for a landowner or lessee
to remove bears from their private property in lieu of:
(i) the landowner or lessee taking nonlethal
preventative measures in protecting their private property; and
(ii) the division undertaking wildlife
management techniques as they deem appropriate.
(8)
(a) Any
bear taken pursuant to Subsections (1) and (7) shall:
(i) be delivered to a division office or
employee within 48 hours; and
(ii)
remain the property of the state, except the division may sell a bear damage
permit to a person who has killed a depredating bear if that person wishes to
maintain possession of the bear.
(b) A person may only retain one bear carcass
annually under this Section.
Notes
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