R657-44-4. Landowner or Lessee Authorized to Kill Big Game Animals

  (1) The landowner or lessee is authorized to kill big game animals damaging cultivated crops on cleared and planted land pursuant to Section 23-16-3.1.

  (2) The division director may prohibit the killing of big game animals under Subsection (1) if, within 72 hours after a landowner or lessee has requested that the division take action to remove depredating animals, the division determines the criteria in Section 23-16-3.1(2)(a) are satisfied and the landowner or lessee is offered a depredation mitigation plan.

  (3) A landowner or lessee who is offered a depredation mitigation plan may:

  (a) accept the plan in writing; or

  (b) refuse to accept the plan and appeal it, in writing, to the division director and mitigation review panel as provided in Sections 23-16-3.1(2)(b) and 23-16-3.2(3).

  (4)(a) A depredation mitigation plan accepted by the landowner or lessee shall remain effective during the entire damage incident period, unless otherwise revoked by the landowner or lessee pursuant to Section 23-16-3(4) and R657-44-3(11).

  (b) A depredation mitigation plan approved or modified by the mitigation review panel pursuant to Section 23-16-3.2(3)(b) shall remain effective during the entire damage incident period unless earlier modified by the mitigation review panel upon petition and showing by the landowner or lessee that a substantial change in the nature and extent of the big game damage or the method of calculating damages necessitates further review and modification to the plan.

  (i) A petition to amend an existing depredation mitigation plan approved or modified by the mitigation review panel shall be directed to the director of the division.

  (c) Nothing in this section shall be construed to prevent the division and the landowner or lessee from mutually agreeing to alter or amend an existing depredation mitigation plan in order to better address big game damage.

  (i) If the parties cannot reach agreement on amending the plan, the landowner or lessee may petition the mitigation review panel for relief as provided in Subsection (4)(b).

  (5) The division director's order under Subsection (2) prohibiting the killing of big game animals shall remain in full force and effect during the same time period that the original or amended depredation mitigation plan associated with the big game damage incident remains effective.

  (6) The expiration of the damage incident period does not preclude the landowner or lessee from making future claims.