HB 326 — Animal Depredation Amendments

HB0326S02 compared with HB0326S01HB0326 {Omitted text} shows text that was in HB0326S01HB0326 but was omitted in HB0326S02 inserted text shows text that was not in HB0326S01HB0326 but was inserted into HB0326S02 DISCLAIMER:

▸ provides that the {Department of Agriculture and Food (department) } department may Hssueissue an aerial hunting permit and aerial hunting license for the taking of a coyote from an aircraft;

▸ authorizes the Agricultural and Wildlife Damage Prevention Board (board) to make rulesrulHs related to an aerial hunting permit and aerial hunting license;

2B ▸ establishes that an aerial hunting permittee or licensee assumes all liability for ana3 accident, S injury, or damage arising from the aerial hunting activity;

12 HB0326S01HB0326 compared with HB0326S02 ▸ modifies how the department reviews the accounts of an organization that receives funds from the Agricultural and Wildlife Damage Prevention Account;

4-4-102 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 528 4-4-103 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90 4-4-104 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90 4-4-105 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017, Chapter 4-4-107 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90 4-4-108 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90 4-23-103 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017, Chapter 345 4-23-105 (Effective 05/06/26) (Repealed 07/01/34), as renumbered and amended by Laws of Utah 2017, Chapter 345 4-23-106 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 34 4-23-107 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 91 4-23-109 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017, Chapter 345 4-23-111 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 433 4-25-102 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017, Chapter 345 4-25-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017, Chapter 345 4-25-302 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017, Chapter 345 - 2 - HB0326S01HB0326 compared with HB0326S02 4-25-303 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 173 63I-1-204 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 94, 286 REPEALS:

- 3 - HB0326S01HB0326 compared with HB0326S02 [(7) "Candling" means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents.] [(8)] (7) "End consumer" means a household consumer[, restaurant, institution,] or any other person who has purchased or received shell eggs for consumption.

- 4 - HB0326S01HB0326 compared with HB0326S02 (2) A person may not sell, offer for sale, or expose for sale for human consumption any shell egg that is addled or moldy, or that contains black spot, black rot, white rot, blood ring, adherent yolk, or a bloody or green albumen.

[(1) A person who sells, offers, or exposes eggs for sale or exchange shall maintain candling records as prescribed by the department.] - 5 - HB0326S01HB0326 compared with HB0326S02 [(2) All candling records shall be open for examination by accredited inspectors or representatives of the department at reasonable times.] Section 5.

and] [(d) other information required by department rule regarding notification.] [(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:] - 6 - HB0326S01HB0326 compared with HB0326S02 [(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant or wholesale;] [(b) establish notification requirements in accordance with Subsection (6);

and - 7 - HB0326S01HB0326 compared with HB0326S02 (e) the statement "SAFE HANDLING INSTRUCTIONS:

- 8 - HB0326S01HB0326 compared with HB0326S02 (10) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

and] {(6) {"Take" or "taking" means to hunt, pursue, shoot, wound, kill, trap, capture, collect or attempt to hunt, pursue, shoot, wound, kill, trap, capture, or collect.} } - 9 - HB0326 compared with HB0326S02 (6) "Take" means to:

(a){[(9)] (7)} hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill;

or - 9 - HB0326S01 compared with HB0326S02 (b) attempt an action described in Subsection (6)(a).

[(9)] (7) "Take""Wildlife" means {[any Ĥ→form {}of {[}animal {thelife samegenerally asliving thatin terma isstate definedof innature, Sectionexcept 23A-1-101}a "Wildlife"predatory meansanimal {]}or to:}a 74adepredating {(a)animal {hunt,or pursue,bird.] harass,the catch,same capture,at possess,that gather,term angle,is seine,defined trap,in orSection kill;23A-1-101.

or}Section 74b8. {(b)} {attempt an action described in Subsection (6)(a)}{} ←Ĥ } .

{[(9)] (7)} [{"Wildlife" means } any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird.] the same at that term is defined in Section 23A-1-101.

{[{any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird.} {]} {the same at that term is defined in Section 23A-1-101.} } Section 8.

and - 10 - HB0326S01 compared with HB0326S02 (iv) [recommend ]to the department other actions the board considers advisable for the enforcement of the board's policies;

- 10 - HB0326 compared with HB0326S02 4-23-106.

or - 11 - HB0326S01 compared with HB0326S02 (iii) on federal grazing allotments where the permittee is permitted by the United States Bureau of Land Management or United States Forest Service to graze livestock;

- 11 - HB0326 compared with HB0326S02 [(7)] (4) The [department] board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to carry out the purpose of this section[.] and establish:

[(8)] (6) [The issuance of an aerial hunting] A permit or license issued under this section does not authorize the [holder] permittee or licensee to use aircraft to [hunt, pursue, shoot, wound, kill, trap, capture, or collect protected wildlife, as defined in Section 23A-1-101] take{take Ĥ→ {} { or locate}{}locate ←Ĥ } wildlife other than a coyote, unless [also ]authorized by the Division of Wildlife Resources under Section 23A-5-315.

Sheep and goats (except on farm dairy goats or feeder lambs)...............................................................................at least $.70 but not more than $1 per head - 12 - HB0326S01 compared with HB0326S02 Cattle (except on farm dairy cattle)..........................................................at least $.15 but not more than $.50 per head Turkeys (breeding stock only)..................................................................at least $.05 but not more than $.10 per head] - 12 - HB0326 compared with HB0326S02 (1) The department shall impose an annual predator control fee on the following animals to {cover the department's } assist the department in covering the annual {costs } cost of administering the provisions of this chapter:

- 13 - HB0326S01 compared with HB0326S02 (6) (a) Livestock owners shall pay a predator control fee on any livestock that uses public or private range in the state that is not otherwise subject to the fee under Subsection (3) or (4).

- 13 - HB0326 compared with HB0326S02 (b) By September 1 of each year, the commissioner shall mail to each owner of livestock specified in Subsection (6)(a) a reporting form requiring sufficient information on the type and number of livestock grazed in the state and indicating the fee imposed for each category of livestock.

- 14 - HB0326S01 compared with HB0326S02 (f) A refund claim shall be certified by the department to the state treasurer for payment from the Agricultural and Wildlife Damage Prevention Account created in Section 4-23-108.

- 14 - HB0326 compared with HB0326S02 (2) Any expense incurred by the department in administering refunds shall be paid from funds allocated for the promotion, advancement, and protection of the sheep interests of the state.

[(1) (a) "Estray" means:] [(i) an unbranded sheep, cow, horse, mule, or ass found running at large;] - 15 - HB0326S01 compared with HB0326S02 [(ii) a branded sheep, cow, horse, mule, or ass found running at large whose owner cannot be found after reasonable search;

or] [(iii) a swine found running at large whose owner cannot be found after reasonable search.] - 15 - HB0326 compared with HB0326S02 [(b) "Estray" does not mean any unweaned animal specified in this section that is running with its mother.] [(2) "Feral swine" means any species, or hybrid species:] [(a) of the family Suidae, including the European boar, the Eurasian boar, the Russian boar, a feral hog, or a domestic pig;] [(b) that is not conspicuously identified by an ear tag or other form of visual identification;

- 16 - HB0326S01 compared with HB0326S02 (2) [A person] An individual described in Subsection (1) is liable for damage caused by the swine running at large.

- 16 - HB0326 compared with HB0326S02 (3) Except as provided in Section 4-25-302, an individual is guilty of a third degree felony if the individual:

(a){(a) presents{is anon immediatethe threatindividual's ofproperty; death or serious bodily injury to an individual;

orand} (b)} is(a) apresents an immediate threat of harmdeath toor privateserious landbodily orinjury personalto property.an individual;

or (b) {poses an immediate } is a threat of harm to {a person } private land or personal property.

or] [(c) a certified peace officer.] [(3) - 17 - HB0326S01HB0326 compared with HB0326S02 (a) Notwithstanding Section 76-13-202, 76-13-203, or 76-13-204, and subject to the requirements of this section, an individual may kill a feral swine roaming on private or public land.] [(b) An individual shall obtain the consent of the landowner before killing a feral swine on private land.] [(c) Feral swine may be killed:] [(i) year-round;] [(ii) in any number;

- 18 - HB0326S01HB0326 compared with HB0326S02 Section 17.