(2) The purpose of this rule is to enable a city to design and administer a control plan for the lethal or non-lethal removal of resident deer, or non-lethal removal of resident turkeys damaging private property or threatening public safety within the city.R657-65-2. Definitions.
(1) Terms used in this rule are defined in Section 23A-1-101.
(2) In addition:
(a) "Deer" means wild deer (Odocoileus hemionus or Odocoileus virginianus) living in nature and does not include privately owned, captive deer.
(b) "Division" means the Utah Division of Wildlife Resources.
(c) "City" means an incorporated municipality with greater than 1,000 residents.
(d) "Resident deer" means a deer that lives within city boundaries year-[around]round. [(e](e) "Resident wild turkey" means a wild turkey that lives within city boundaries year-round. (f) "Urban deer control plan" means a document designed, created, and administered by a city that establishes the protocols and methodologies it will pursue to control and mitigate private property damage or public safety threats caused by deer within its incorporated boundaries. (g) "Urban wild turkey control plan" means a wild, free-ranging turkey or wild-domestic hybrid and does not include a privately-owned domestic turkey. R657-65-3. Authorization to Create and Administer an Urban Deer Control Plan[.] or Urban Wild Turkey Control Plan. (1) A city with a resident deer or resident wild turkey population that is significantly damaging private property or threatening public safety within its boundaries may request the [Division]division for a certificate of registration [("COR") ]to design, create, and administer an urban deer control plan or urban wild turkey control plan. (2) The [Division]division may issue an urban deer or urban wild turkey control plan [COR]certificate of registration to a city, provided: (a) the application is filed by a city;
(b) resident deer or resident wild turkey are collectively causing significant damage to private property or threatening public safety within the city's incorporated boundaries; (c) [it]the city has enacted an ordinance prohibiting the feeding of deer, elk, [and ]moose, and wild turkey; (d) [it]the city has general liability insurance[ in the amount of $1,000,000.00 or more] that covers liability claims that may arise from designing, creating, and administering an urban deer control plan[;] or urban wild turkey control plan; (e) [it]the city agrees, without waiving immunity or any other limitation or provision in Title 63G, Chapter 7, the [Utah ]Governmental Immunity Act[, Utah Code Sections 63G-7-101 through 63G-7-904] of Utah, to hold harmless and indemnify the [Division]division against any claims or damages arising from its deer or wild turkey removal activities undertaken pursuant to the urban deer control plan [COR]or urban turkey control plan certificate of registration, except for any allocated share of fault and damages attributable to the [Division's]division's [actual ]involvement in deer or wild turkey removal activities on the ground: and (f) it submits with its application the estimated population of resident deer or resident wild turkey in the city and the final target population number it seeks to achieve through deer or wild turkey removal. R657-65-4. [COR]Certificate of Registration Authorities and Limitations. (1) An urban deer control plan [COR]or urban wild turkey control plan certificate of registration issued to a city will: (a) specify for each year of the [COR]certificate of registration term: (i) the seasonal time period when deer or wild turkey may be removed; (ii) the total number of deer or wild turkey that may be removed; and (iii) the number of deer or wild turkey by gender that may be removed: and (b) authorize it to design, create, and administer an urban deer control plan or urban wild turkey control plan consistent with the season and number limitations imposed in the [COR]certificate of registration and the following authorities and limitations. (2) The [COR]certificate of registration authorizes the city to: (a) prescribe and employ lethal methods of take to control deer, provided the methods are otherwise in compliance with state and federal law;
(b) prescribe and employ non-lethal methods of take to control wild turkey, provided the methods are otherwise in compliance with state and federal law; (c) utilize baiting to facilitate safe and effective deer or wild turkey removal activities; ([c]d) select and supervise individuals to perform specified deer or wild turkey removal activities, provided the city: (i) issues to each individual authorized to remove deer a written authorization and tag that:
(A) is on a form prescribed by the [Division]division; (B) is signed by the city manager and recipient;
(C) identifies the recipient's name, address, date of birth, gender, height, weight, and eye color;
(D) describes the locations, time periods, methods of take, and related activities authorized by the city; and
(E) includes a detachable tag consistent with the requirements in Section 23A-4-709;
([d]e) allow a single individual to take more than one deer; ([e]f) permit spotlighting to facilitate non-lethal deer removal or carcass recovery efforts; and ([f]g) remove deer consistent with the annual buck and doe take prescriptions and season limitations set forth in the [COR]certificate of registration. (3) The city will:
(a) require individuals authorized to lethally remove deer to:
(i) tag the carcass consistent with Section 23A-4-709; and
(ii) comply with all federal, state, and local laws pertaining to the possession, use, and discharge of a dangerous weapon; and
(b) take measures to ensure that:
(i) deer carcasses are salvaged consistent with Section 23A-5-314 [(Waste of Wildlife) ]and disposed of as provided by law; (ii) viscera is removed from the kill site and disposed of as provided by law;
