Powers of division to determine facts -- Policymaking powers of Wildlife Board

(1) The division may determine the facts relevant to the wildlife resources of this state. (2) (a) Upon a determination of the facts, the Wildlife Board shall establish the policies best designed to accomplish the purposes and fulfill the intent of the laws pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction, and management of wildlife. (b) In establishing policy, the Wildlife Board shall: (i) recognize that wildlife and the wildlife's habitat are an essential part of a healthy, productive environment; (ii) recognize the impact of wildlife on humans, human economic activities, private property rights, and local economies; (iii) seek to balance the habitat requirements of wildlife with the social and economic activities of humans; (iv) recognize the social and economic values of wildlife, including fishing, hunting, and other uses; and (v) seek to maintain wildlife on a sustainable basis. (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory councils established in Section 23A-2-303. (ii) If a regional advisory council recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a written explanation to the regional advisory council recommending the opposing position. (3) An authority conferred upon the Wildlife Board by this title may not supersede the administrative authority of the executive director or the director.