No. 39716 (Amendment): Rule R657-63. Self Defense Against Wild Animals

(Amendment)

DAR File No.: 39716
Filed: 09/08/2015 01:40:59 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 amendment changes a person's responsibility from "safely retreat from the danger" to a person has the responsibility to "safely avoid the danger". This amendment brings the rule in line with general self-defense laws.

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 rule amendment brings the rule in line with other self-defense laws in Utah. The Division of Wildlife Resources (DWR) determines that these 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 rule amendment only brings this rule in line with other Utah self-defense rules, 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 rule amendment only brings this rule in line with other Utah self-defense rules, 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 rule amendment only brings this rule in line with other Utah self-defense rules, 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:

The amendments to this rule do 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:

11/02/2015

This rule may become effective on:

11/09/2015

Authorized by:

Gregory Sheehan, 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.

 

R657-63-3. 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 )(a) 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]i) the nature of the danger;

([b]ii) the immediacy of the danger;

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

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

([e]v) the ability to safely [retreat;]avoid the danger;

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

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

(b) Notwithstanding Subsection (2)(a), a person who is legally located or traveling in a place where attacked or approached by a threatening wild animal is not required to retreat.

(c) In all cases involving a reasonably plausible assertion of self defense, it is presumed the life and safety of a human being is paramount to the life or safety of a wild animal.

(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.

(5) A person that kills or seriously injures a wild animal that enters a home, tent, camper, or other permanent or temporary living structure occupied by a person is presumed to have acted reasonably and had a reasonable fear the wild animal's entry presented an imminent threat of severe bodily injury or death to an occupant of the structure, provided the intruding wild animal is:

(a) reasonably perceived as an animal physically capable of causing severe bodily injury or death to a human being; and

(b) killed or injured while attempting to enter, entering, or occupying the involved structure.

 

KEY: wildlife

Date of Enactment or Last Substantive Amendment: [March 14, 2011]2015

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

 

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