NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Repeal and Readopt
1. Agency Information
Agriculture and Food, Animal Industry
Taylorsville State Office Building, South Building, Floor 2
Salt Lake City, UT 84114-6500
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R58-14. Holding Live Raccoons or Coyotes in Captivity
B. Purpose of the new rule or reason for the change:
The Department of Agriculture and Food (department) is filing to repeal and readopt this rule following a review of the rule's existing language against statutory authority.
The review was conducted to ensure alignment with the authority granted under Section 4-23-111.
C. Summary of the new rule or change:
This readoption streamlines this rule by reorganizing the authority and purpose into a single section while removing redundant definitions and general possession language already addressed in the statute.
The new structure clarifies the process for obtaining a written variance for the possession of live raccoons or coyotes for research, education, or exhibition purposes and mandates that variance holders prevent physical or bodily fluid contact between the animals and the public.
Finally, the readoption clarifies the administrative requirements by rewriting them to align more with the Rulewriting Manual for Utah.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The department anticipates no fiscal impact on the state budget because the requirements are not changing, and this filing clarifies existing procedures and statutory alignment.
The department anticipates no fiscal impact on local governments because the requirements are not changing, and this filing clarifies existing procedures and statutory alignment.
C. Small businesses ("small business" means a business employing 1-49 persons):
The department anticipates no fiscal impact on small businesses because the requirements are not changing, and this filing clarifies existing procedures and statutory alignment.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The department anticipates no fiscal impact on non-small businesses because the requirements are not changing, and this filing clarifies existing procedures and statutory alignment.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The department anticipates no fiscal impact on other persons because the requirements are not changing, and this filing clarifies existing procedures and statutory alignment.
F. Compliance costs for affected persons:
The compliance costs are not changing.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Agriculture and Food, Kelly Pehrson, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Kelly Pehrson, Commissioner
R58. Agriculture and Food, Animal Industry.
[R58-14. Holding Live Raccoons or Coyotes in Captivity. (1) Promulgated under the authority of Subsection 4-2-103(1)(j) and Section 4-23-111. (2) This rule intends to protect the health and safety of individuals by prohibiting the possession of a raccoon or coyote. "Possession" means actual and constructive possession or captivity.(1) The Division of Wildlife Resources with the cooperation of the Department of Agriculture and Food and the Department of Health and Human Services, shall enforce this rule. (2) The Agricultural and Wildlife Damage Prevention Board, by authority granted under Title 4, Chapter 23, the Agricultural and Wildlife Damage Prevention Act, declares it unlawful to import, distribute, relocate, or possess a live raccoon (Procyon lotor) or coyote (Canis latrans). (3) An organization or corporation wishing to possess raccoons or coyotes for research, or exhibition purposes may request a variance from the Department. (a) A separate variance shall be obtained from the Department for each raccoon and coyote possessed. (b) A variance for a raccoon or coyote may not be transferred without the express permission of the Department. (4) Nuisance raccoons and coyotes may not be relocated following capture, but may be captured and euthanized or otherwise destroyed at the location where capture is unfeasible. (5) Any raccoon or coyote that bites or scratches a person or domestic animal shall be handled in accordance with Section R386-702-12. (1) Any violation of this rule is an infraction. (2) Any person who violates this rule shall be subject to citation and fines as prescribed by the Department or may be called to appear before an administrative proceeding by the Department.] R58-14. Exceptions for Holding Live Raccoons or Coyotes. R58-14-1. Authority and Purpose. Under Section 4-23-111, the Agricultural and Wildlife Damage Prevention Board establishes the following exceptions to allow an individual to hold a raccoon, Procyon lotor, or coyote, Canis latrans, in captivity for research, education, or exhibition purposes. R58-14-2. Variance Requirements. (1) An individual or an organization may hold a raccoon or coyote in captivity for research, education, or exhibition purposes if they first obtain a written variance from the department. (a) receive written permission from the department before transferring an animal held under a variance; (b) prevent physical contact between the animal and the public; and (c) prevent public contact with the animals' bodily fluids. R58-14-3. Nuisance Animals and Health Incidents. (1) An individual shall euthanize a captured nuisance raccoon or coyote and may not relocate it. (2) If capture is not feasible, the individual may euthanize or otherwise destroy the animal at the location where it was found. (3) An individual holding a raccoon or coyote that bites or scratches a person or domestic animal must follow the health procedures in Section R386-702-12. KEY: administrative procedure, enforcement, captive raccoons or coyotes, variances, health incidents Date of Last Change: 2026[May 23, 2023] Notice of Continuation: February 9, 2026
Authorizing, and Implemented or Interpreted Law: 4-2-103(1)(j); 4-23-111
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