APPENDIX H 

 TAKING OF WILDLIFE TO PROTECT PERSONS AND LIVESTOCK 



87-3-130. Taking of wildlife to protect persons or livestock. (1) This chapter may 

 not be construed to impose, by implication or otherwise, criminal liability for the taking of 

 wildlife protected by this title if the wildlife is attacking, killing, or threatening to kill a person 

 or livestock, except that, for purposes of protecting livestock, a person may not kill or attempt to 

 kill a grizzly bear unless the grizzly bear is in the act of attacking or killing livestock. In 

 addition, a person may kill or attempt to kill a wolf or mountain lion that is in the act of 

 attacking or killing a domestic dog. A person who, under this subsection, takes wildlife 

 protected by this title shall, within 72 hours, notify the department and surrender or arrange to 

 surrender the wildlife to the department. 



(2) A person may not provide supplemental feed attractants to game animals by: 



(a) purposely or knowingly attracting bears with supplemental feed attractants; 



(b) after having received a previous warning, negligently failing to properly store 

 supplemental feed attractants and allowing bears access to the supplemental feed attractants; 

 or 



(c) purposely or knowingly providing supplemented feed attractants in a manner that 

 results in an artificial concentration of game animals that may potentially contribute to the 

 transmission of disease or that constitutes a threat to public safety. 



(3) A person who is engaged in the normal feeding of livestock, in a normal zigricultural 

 practice, in cultivation of a lawn or garden, or in the commercial processing of garbage is not 

 subject to civil or criminal liability under this section. 



14) A person who violates subsection (2) is guilty of a misdemeanor and is subject to the 

 penalty provided in 87-l-102( 1). This section does not apply to supplemental feeding activities 

 conducted by the department for disease control purposes. 



(5) As used in this section; 



(a) "livestock" includes ostriches, rheas, and emus; and 



( b ) "supplemental feed attractant" means any food, garbage, or other attractant for game 

 animals. 



History: En. Sec. 1, Ch. 306. L. 1981; amd. Sec. 13. Ch. 206, L. 1995; amd. Sec. 3. Ch. 540, L. 1995: amd. 

 Sec. 3. Ch. 275. L. 2001; amd. Sec. 6, Ch. 316. L. 2001. 

 Compiler's Comments 



2001 Amendments — Composite Section: Chapter 275 in ( 1) in first and third sentences after "protected by this" 

 substituted "title" for "chapter" and in third sentence at end inserted "and surrender or arrange to surrender the 

 wildlife to the department", in (2) in introductory clause after "A person may not" deleted "intentionally" and after 

 "supplemental feed" inserted "attractants"; inserted (2)(a) prohibiting attracting bears; inserted (2)(b) regarding 

 failure to properly store supplemental feed attractants, in (2)(c) at beginning inserted "purposely or knowingly 

 providing supplemented feed attractants" and at end after "transmission of disease" inserted "or that constitutes a 

 threat to public safety", inserted l3i concerning person engaged in feeding of livestock; inserted (SXb) defimng 

 supplemental teed attractant, and made minor changes m style Amendment effective April 20, 2001 



Chapter 316 in (1) in first sentence substituted "if the wildlife is attacking" for "if the wildlife is molesting, 

 aissaulting ' and at end inserted exceptions for grizzly bear attacking or killing livestock and inserted second sentence 

 concerning wolves and mountain lions attacking or kilhng a domestic dog; and made minor changes in style. 

 Amendment effective April 21. 2001 



139 



