Current through Bulletin 2024-18, September 15, 2024
(1) A damage mitigation and prevention plan
may authorize the division to undertake any of the following actions:
(a) provide educational materials regarding
turkeys and turkey damage to the landowner or lessee, including strategies on
how to alleviate damage;
(b) use,
or allow the landowner or lessee to use, nonlethal methods to haze turkeys on
private property experiencing material damage and, if necessary, provide the
landowner or lessee equipment and supplies necessary to carry out
hazing;
(c) exclude turkeys from
areas in which material damage has occurred and is expected to continue to
occur, using fencing, tarpaulins, or other similar materials;
(d) capture and relocate any turkeys causing,
or reasonably likely to cause, material damage to the property to a location on
the Wildlife Board approved turkey transplant list and according to the
Wildlife Board approved mitigation plan;
(e) allow expanded harvest of turkeys by:
(i) increasing permit numbers during limited
entry or general season hunts;
(ii)
expanding or increasing the areas for turkey hunts;
(iii) enrolling the property in the
division's Walk-In Access Program in accordance with Rule R657-56;
(iv) enrolling the property in the division's
Cooperative Wildlife Management Unit Program in accordance with Rule
R657-37;
(v) schedule and hold a
depredation hunt pursuant to Section
R657-69-5;
(vi) issue control permits pursuant to
Section R657-69-6; or
(vii) issue control permit vouchers pursuant
to Section R657-69-7;
(f) allow landowners or lessees to capture
and relocate turkeys causing, or reasonably likely to cause, material damage to
the property to a location on the Wildlife Board approved turkey transplant
list;
(g) allow landowners or
lessees to use weapons or methods otherwise prohibited to take a turkey if
traditional weapons are unsuitable for the location of the property;
and
(h) other reasonable measures
aimed at reducing instances of material damage to the private property in
question.
(2) Damage
mitigation and prevention plans shall have:
(a) a description of the private property
covered by the plan;
(b) a specific
effective date and effective term for the plan;
(c) a description of the verified instances
of material damage and the dates of occurrence; and
(d) an assurance by the landowner or lessee
that members of the public holding a control permit or a turkey depredation
permit may access the private property at no charge during the hunts for which
they hold a permit.
(3)
Damage mitigation and prevention plans may be amended or renewed with written
consent of the division and the landowner or lessee during their effective
term.
(4)
(a) The landowner or lessee may unilaterally
revoke and withdraw from a damage mitigation and prevention plan by providing
the division 30 days prior written notice.
(b) A landowner or lessee's revocation of
approval of a damage mitigation and prevention plan eliminates the division's
obligations described in the plan.
(c) A landowner or lessee may not revoke
approval of a damage mitigation and prevention plan after a depredation hunt
has been scheduled on their private property until after the depredation hunt
has taken place.
(5) The
division may unilaterally revoke and withdraw from a damage mitigation and
prevention plan if:
(a) the landowner or
lessee fails to exercise reasonable care and diligence to avoid loss or
minimize the damage caused by turkeys;
(b) the landowner or lessee fails to comply
with the terms of the damage mitigation and prevention plan; or
(c) in the division's discretion, the damage
mitigation and prevention plan is not necessary.
(6) The expiration or revocation of a damage
mitigation and prevention plan does not preclude the landowner or lessee from
making future requests for action.
(7) The division shall not be financially
liable for damage to private property caused by:
(a) turkeys;
(b) its efforts to remove or drive off
turkeys in response to a request for action; or
(c) actions taken or authorized by a damage
mitigation and prevention plan.
(8) A landowner or lessee shall have a copy
of the damage prevention and mitigation plan in their possession while
undertaking any action authorized in the plan that otherwise violates Title 23,
the Wildlife Resources Code of Utah, including, the hazing, capturing, and
transplanting of turkeys.
