(1) For purposes of this section: (a) "Administer" means the application of a substance by any method, including: (i) injection; (ii) inhalation; (iii) ingestion; or (iv) absorption. (b) "Agricultural producer" means a person who produces an agricultural product. (c) "Agricultural product" means the same as that term is defined in Section 4-1-109. (d) "Substance" means a chemical or organic substance that: (i) pacifies; (ii) sedates; (iii) immobilizes; (iv) harms; (v) kills; (vi) controls fertility; or (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(a) "Administer" means the application of a substance by any method, including: (i) injection; (ii) inhalation; (iii) ingestion; or (iv) absorption.
(i) injection;
(ii) inhalation;
(iii) ingestion; or
(iv) absorption.
(b) "Agricultural producer" means a person who produces an agricultural product.
(c) "Agricultural product" means the same as that term is defined in Section 4-1-109.
(d) "Substance" means a chemical or organic substance that: (i) pacifies; (ii) sedates; (iii) immobilizes; (iv) harms; (v) kills; (vi) controls fertility; or (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(i) pacifies;
(ii) sedates;
(iii) immobilizes;
(iv) harms;
(v) kills;
(vi) controls fertility; or
(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a person may not administer or attempt to administer a substance to protected wildlife.
(3) (a) A division employee or a person with written permission from the division may administer a substance to protected wildlife if that employee or person administers the substance to promote wildlife management and conservation. (b) One or more of the following may administer a substance to protected wildlife that the person is authorized by this title, the Wildlife Board, or the division to possess: (i) a licensed veterinarian; (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or (iii) a person who is following written instructions for veterinary care from a licensed veterinarian.
(a) A division employee or a person with written permission from the division may administer a substance to protected wildlife if that employee or person administers the substance to promote wildlife management and conservation.
(b) One or more of the following may administer a substance to protected wildlife that the person is authorized by this title, the Wildlife Board, or the division to possess: (i) a licensed veterinarian; (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or (iii) a person who is following written instructions for veterinary care from a licensed veterinarian.
(i) a licensed veterinarian;
(ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
(iii) a person who is following written instructions for veterinary care from a licensed veterinarian.
(4) A person is not liable under this section for administering a substance, notwithstanding the substance has an effect described in Subsection (1)(d) on protected wildlife, if: (a) an agricultural producer administers the substance: (i) for the sole purpose of producing an agricultural product and not for the purpose of affecting protected wildlife in a manner described in Subsection (1)(d); (ii) consistent with generally accepted agricultural practices; and (iii) in compliance with applicable local, state, and federal law; or (b) the protected wildlife presents an immediate threat of death or serious bodily injury to a person.
(a) an agricultural producer administers the substance: (i) for the sole purpose of producing an agricultural product and not for the purpose of affecting protected wildlife in a manner described in Subsection (1)(d); (ii) consistent with generally accepted agricultural practices; and (iii) in compliance with applicable local, state, and federal law; or
(i) for the sole purpose of producing an agricultural product and not for the purpose of affecting protected wildlife in a manner described in Subsection (1)(d);
(ii) consistent with generally accepted agricultural practices; and
(iii) in compliance with applicable local, state, and federal law; or
(b) the protected wildlife presents an immediate threat of death or serious bodily injury to a person.
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