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Private
Property Rights Protected
81-2-121. Taking of publicly owned wild buffalo or bison that are
present on private property -- notice -- supplemental feeding -- penalty.
(1) This chapter may not be construed to impose, by implication or
otherwise, criminal liability on a landowner or the agent of a landowner
for the taking of a publicly owned wild buffalo or bison that is suspected
of carrying disease and that is present on the landowner's private
property and is potentially associating with or otherwise threatening
the landowner's livestock if:
(a) the landowner or agent notifies or makes a good faith effort to
notify the department in order to allow as much time as practicable
for the department to first take or remove the publicly owned wild
buffalo or bison that is present on the landowner's property;
(b) the landowner or agent makes a good faith effort to notify the
department that a taking has occurred and to retain all parts for
disposal by the department; and
(c) the landowner or agent is not in violation of subsection (2).
(2) A person may not intentionally provide supplemental feed to game
animals in a manner that results in artificial concentration of game
animals that may potentially contribute to the transmission of disease.
A person who violates this subsection is guilty of a misdemeanor and
is subject to the penalty provided in 87-1-102(1). This subsection
does not apply to supplemental feeding activities conducted by the
department for disease control purposes.
History: En. Sec. 3, Ch. 540, L. 1995.
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