No. 34354 (New Rule): Rule R657-63. Self Defense Against Wild Animals

(New Rule)

DAR File No.: 34354
Filed: 01/11/2011 12:32:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This purpose of this rule is to define conditions and circumstances under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal.

Summary of the rule or change:

This rule defines the conditions and circumstances under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal. It also defines "wild animal".

State statutory or constitutional authorization for this rule:

• Section 23-14-19
• Section 23-14-18

Anticipated cost or savings to:

the state budget:

This new rule defines conditions and circumstances under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal. The Division of Wildlife Resources (DWR) determines that theses amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

Since this new rule only sets conditions under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal, this filing does not create any direct cost or savings impact to local governments since they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

Since this new rule only sets conditions under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal, this filing does not create any direct cost or savings impact to small businesses since they are not directly affected by the rule.

persons other than small businesses, businesses, or local governmental entities:

Since this new rule only sets conditions under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal, this filing does not create any direct cost or savings impact to other persons since they are not directly affected by the rule.

Compliance costs for affected persons:

DWR determines that this new rule will not create a cost or savings impact to individuals in Utah.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule does not create an impact on businesses.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/03/2011

This rule may become effective on:

03/10/2011

Authorized by:

James Karpowitz, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-63. Self Defense Against Wild Animals.

R657-63-1. Purpose and Authority.

(1) The purpose of this rule is to define conditions and circumstances under which a person is legally justified in killing or seriously wounding a threatening or attacking wildlife animal.

(2) This rule is established and promulgated by the Wildlife Board under authority of Sections 23-14-18 and 23-14-19.

 

R657-63-2. Definitions.

(1) Terms used in this rule are defined in Section 23-13-2.

(2) In addition:

(a) "Wild animal" means, for purposes of this rule, an individual animal that falls under the definition of "protected wildlife" as defined in Section 23-13-2.

(b) "Enter" means to physically penetrate the interior space of a structure with any part of the body, whether or not the exterior surface of the structure is ruptured.

 

R657-63-3. Self Defense.

(1) A person is legally justified in killing or seriously injuring a threatening wild animal when the person reasonably believes such action is necessary to protect them self, another person, or a domestic animal against an imminent attack by the wild animal that will likely result in severe bodily injury or death to the victim.

(2) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:

(a) the nature of the danger;

(b) the immediacy of the danger;

(c) the probability that the threatening wild animal will attack;

(d) the probability that the attack will result in death or serious bodily injury;

(e) the ability to safely retreat;

(f) the fault of the person in creating the encounter; and

(g) any previous pattern of aggressive or threatening behavior by the individual wild animal which was known to the person claiming self defense.

(3)(a) A person shall notify the division within 12 hours after killing or wounding a wild animal under Subsection (1).

(b) No wild animal killed pursuant to Subsection (1) or the parts thereof may be removed from the site, repositioned, retained, sold, or transferred without written authorization from the division.

(4)(a) A person is not legally justified in killing or seriously injuring a threatening wild animal under the circumstances specified in Subsection (1) if the person:

(i) has the ability to safely retreat from the threatening animal and fails to do so, except when the animal enters a home, tent, camper, or other permanent or temporary living structure occupied at the time by the person or another person; or

(ii) intentionally, knowingly, or recklessly provokes or attracts the wild animal into a situation in which it is probable it will threaten the person, another person, or a domestic animal.

(b) Notwithstanding Subsection (4)(a)(ii), a person lawfully pursuing a cougar or bear with dogs may seriously injure or kill that cougar or bear when they reasonably believe such action is necessary to protect them self or another person against an imminent attack that will likely result in severe bodily injury or death.

 

R657-63-4. Violations.

A person that kills or seriously injures a wild animal without legal justification as provided in this rule and otherwise in violation of the law shall be subject to criminal prosecution under this Title and the rules and proclamations of the Wildlife Board.

 

KEY: wildlife

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19

 

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