1. (1) For purposes of this section:

   1. (a) "Administer" means the application of a substance by any method, including:

      1. (i) injection;
      2. (ii) inhalation;
      3. (iii) ingestion; or
      4. (iv) absorption.
   2. (b) "Agricultural producer" means a person who produces an agricultural product.
   3. (c) "Agricultural product" means the same as that term is defined in Section 4-1-109.

   4. (d) "Substance" means a chemical or organic substance that:

      1. (i) pacifies;
      2. (ii) sedates;
      3. (iii) immobilizes;
      4. (iv) harms;
      5. (v) kills;
      6. (vi) controls fertility; or
      7. (vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
2. (2) Except as authorized by Subsection (4) or a rule made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a person may not administer or attempt to administer a substance to protected wildlife.
3. (3) A person who violates this section is subject to the penalty provided in Section 23A-5-301.

4. (4)

   1. (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.

   2. (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:

      1. (i) a licensed veterinarian;
      2. (ii) an unlicensed assistive personnel, as defined in Section 58-28-102; or
      3. (iii) a person who is following written instructions for veterinary care from a licensed veterinarian.

5. (5) Notwithstanding the other provisions of this section, 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:

   1. (a) an agricultural producer administers the substance:

      1. (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);
      2. (ii) consistent with generally accepted agricultural practices; and
      3. (iii) in compliance with applicable local, state, and federal law; or
   2. (b) the protected wildlife presents an immediate threat of death or serious bodily injury to a person.

Renumbered and Amended by Chapter 103, 2023 General Session