H.B. 447
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Hoidal 6
6 02-10-23 2:10 PM 6
H.B. 447
1 TRANSPLANT OF W ILDLIFE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott H. Chew
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses requirements related to the transplant of animals.
10Highlighted Provisions:
11 This bill:
12 <clarifies the procedures for the transplant of animals;
13 <requires the adoption of a mitigation plan before transplanting certain animals;
14 <imposes requirements for the mitigation plan; and
15 <makes technical changes.
16Money Appropriated in this Bill:
17 None
18Other Special Clauses:
19 None
20Utah Code Sections Affected:
21AMENDS:
22 23-14-21, as last amended by Laws of Utah 2021, Chapter 382
23ENACTS:
24 23-14-21.5, Utah Code Annotated 1953
25
26Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 23-14-21 is amended to read:
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28 23-14-21. Transplants of big game, turkeys, wolves, or sensitive species.
29 (1) [The] Subject to Subsection (7), the division may transplant big game, turkeys,
30wolves, or sensitive species only in accordance with:
31 (a) [a list of sites for the transplant of a particular species that is prepared and adopted
32in accordance with Subsections (2) through (5);]
33 (i) a list of sites for the transplant of each particular species that is prepared and
34adopted in accordance with Subsections (2) through (5);
35 [(b)] (ii) a species management plan, such as a deer or elk management plan adopted
36under Section 23-16-7 or a recovery plan for a threatened or endangered species, provided that:
37 [(i)] (A) the plan identifies sites for the transplant of the species or the lands or waters
38the species are expected to occupy; and
39 [(ii)] (B) the public has had an opportunity to comment and make recommendations on
40the plan; [or] and
41 (iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq., if the transplant
42involves a threatened or endangered species; or
43 [(c)] (b) a legal agreement between the state and a tribal government that identifies
44potential transplants[; and].
45 [(d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.]
46 (2) The division shall:
47 (a) consult with the landowner in determining the suitability of a site for the transplant
48of a species;
49 (b) prepare a list of proposed sites for the transplant of species;
50 (c) provide notification of proposed sites for the transplant of species to:
51 (i) local government officials having jurisdiction over areas that may be affected by a
52transplant; and
53 (ii) the Resource Development Coordinating Committee created in Section
5463L-11-401.
55 (3) After receiving comments from local government officials and the Resource
56Development Coordinating Committee, the division shall submit the list of proposed transplant
57sites, or a revised list, to regional advisory councils for regions that may be affected by the
58transplants of species. 02-10-23 2:10 PM H.B. 447
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59 (4) [Each] A regional advisory council reviewing a list of proposed sites for the
60transplant of species may submit recommendations to the Wildlife Board.
61 (5) The Wildlife Board shall approve, modify, or reject each proposal for the transplant
62of a species.
63 (6) [Each] A list of proposed transplant sites approved by the Wildlife Board shall have
64a termination date after which a transplant may not occur.
65 (7) Before transplanting an animal under this section, the division shall propose, and
66the Wildlife Board shall approve, a mitigation plan that complies with Section 23-14-21.5.
67 Section 2. Section 23-14-21.5 is enacted to read:
68 23-14-21.5. Mitigation plan related to transplants.
69 (1) Before transplanting a big game animal, turkey, wolf, or sensitive species in
70accordance with Section 23-14-21, the division shall propose, and the Wildlife Board shall
71approve, a mitigation plan for the area into which the animal is being transplanted.
72 (2) (a) A mitigation plan described in this section shall:
73 (i) identify the objectives of the transplant of an animal;
74 (ii) provide for issuing a permit to the landowner or lessee to take a big game animal,
75that is causing depredation, during a general or special season hunt authorized by the Wildlife
76Board; and
77 (iii) allow for removal of a transplanted animal if:
78 (A) transplant objectives identified in the mitigation plan are not met; or
79 (B) property damage occurs.
80 (b) A mitigation plan described in this section may provide for:
81 (i) the scheduling of a depredation hunt;
82 (ii) allowing a landowner or lessee to designate a recipient who may obtain a
83mitigation permit to take a big game animal on the landowner's or lessee's land during a general
84or special season hunt authorized by the Wildlife Board; and
85 (iii) a description of how the division will assess and compensate the landowner or
86lessee under Section 23-16-4 for damage to cultivated crops, fences, or irrigation equipment.
87 (3) The division shall specify the number and sex of the big game animals that may be
88taken under Subsection (2)(a) or (2)(b)(ii).
89 (4) The division and the landowner or lessee shall jointly determine the number of H.B. 447 02-10-23 2:10 PM
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90animals taken under Subsection (2)(a) of which the landowner or lessee may retain possession.
91 (5) In determining appropriate remedial action under a mitigation plan described in this
92section, the division shall consider the:
93 (a) extent of damage experienced;
94 (b) use of landowner permits; and
95 (c) use of mitigation permits.