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: (i) injection; (ii) inhalation; (iii) ingestion; or (iv) absorption. (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: (i) pacifies; (ii) sedates; (iii) immobilizes; (iv) harms; (v) kills; (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.