Section 23A-5-308 - Administering substances to protected wildlife prohibited - Exceptions - Criminal penalty(1) For purposes of this section:(a) "Administer" means the application of a substance by any method, including: (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:(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 (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) A person who violates this section is subject to the penalty provided in Section 23A-5-301.(4)(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.(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: (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.Renumbered from § 23-13-19 and amended by Chapter 103, 2023 General Session ,§ 130, eff. 7/1/2023.Amended by Chapter 345, 2017 General Session ,§ 403, eff. 7/1/2017.Enacted by Chapter 308, 2009 General Session.