Utah Captive Hunting Statutes and Regulations

Partial Ban: Domesticated elk are permitted.

Statute

Utah law requires the Division of Wildlife Resources to permit the "releasing and shooting of pen-raised birds" to "any person desiring to establish, maintain, or operate a commercial hunting area within the state." U.C.A. §23-17-6(1).

This statute only authorizes the shooting of pen-raised birds on commercial hunting areas. Authorization from the Division of Wildlife Resources is also required before "any person may establish and maintain private wildlife farms for propagating, rearing, and keeping furbearers or birds classified as protected wildlife." Id. at §23-13-8(1).

Anyone with such authorization can sell or dispose of "wildlife reared upon such farms except that disposal may not include release to the wild without first securing written permission from the Wildlife Board." Id. at §23-13-8(1).

This statute does not authorize the propagating or shooting of any game mammal on such farms. "Game" is defined as wildlife that is normally "pursued, caught, or taken by sporting means for human use." §23-13-2 (19).

The Department of Agriculture is authorized to issue licenses to operate a domesticated elk facility. "Domesticated elk" means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. §4-39-102.

As specified under the Domesticated Elk Act, a person may acquire, import, or possess domesticated elk intended for use in a domesticated elk facility. §4-39-105(a).

Domesticated elk or domesticated elk products can be "harvested, transferred, possessed, or sold." §4-39-105(d)

Regulation

Under regulations promulgated by the Utah Department of Natural Resources, Division of Wildlife Resources, a "commercial hunting area" is defined as "a parcel of land where pen-raised or propagated game birds are released for the purpose of allowing hunters to take them for a fee." R657-22-2(2)(a).

"Game birds" is defined, for the purposes of this rule only, to include "partridge, pheasant, and quail authorized for release on a commercial hunting area." R657-22-2(2)(b).

A Utah Division of Wildlife Resources official confirmed that the licensed elk operations represent the only scenario in which the shooting of mammals within an enclosed area is permitted. No deer, moose, buffalo or any other big game species can be taken from within enclosed areas. Previously issued deer tags do not apply within enclosed areas.

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