Technical renumber of section for proper placement in Title and Chapter.

1. (1) Subject to Subsection (7), the division may transplant big game, turkeys, wolves, or sensitive species only in accordance with:

   1. (a)

      1. (i) a list of sites for the transplant of each particular species that is prepared and adopted in accordance with Subsections (2) through (5);

      2. (ii) a species management plan, such as a deer or elk management plan adopted under Section 23A-11-301 or a recovery plan for a threatened or endangered species, provided that:

         1. (A) the plan identifies sites for the transplant of the species or the lands or waters the species are expected to occupy; and
         2. (B) the public has had an opportunity to comment and make recommendations on the plan; and
      3. (iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq. if the transplant involves a threatened or endangered species; or
   2. (b) a legal agreement between the state and a tribal government that identifies potential transplants.

2. (2) The division shall:

   1. (a) consult with the landowner in determining the suitability of a site for the transplant of a species;
   2. (b) prepare a list of proposed sites for the transplant of species; and

   3. (c) provide notification of proposed sites for the transplant of species to:

      1. (i) local government officials having jurisdiction over areas that may be affected by a transplant; and
      2. (ii) the Resource Development Coordinating Committee created in Section 63L-11-401.
3. (3) After receiving comments from local government officials and the Resource Development Coordinating Committee, the division shall submit the list of proposed transplant sites, or a revised list, to regional advisory councils for the one or more regions that may be affected by the transplants of species.
4. (4) A regional advisory council reviewing a list of proposed sites for the transplant of species may submit recommendations to the Wildlife Board.
5. (5) The Wildlife Board shall approve, modify, or reject a proposal for the transplant of a species.
6. (6) A list of proposed transplant sites approved by the Wildlife Board shall have a termination date after which a transplant may not occur.
7. (7) Before reintroducing a big game animal to a new area under this section, the Wildlife Board shall approve a mitigation plan that complies with Section 23A-2-210.

Renumbered and Amended by Chapter 103, 2023 General Session