KEY: wildlife, permits
Date of Enactment or Last Substantive Amendment: March 14, 2011
Notice of Continuation: None/New rule
Authorizing, and Implemented or Interpreted law: 23-14-18; 23-14-19
(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.
(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.
(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.
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.
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