35.05.140 Hazardous or Nuisance Animals in Campgrounds, Etc.; Report; Abatement Plan; Protection of Persons

(a) An Authorized Officer may use whatever means are reasonably necessary to prevent injury to persons or property from wild animals creating a nuisance or hazard at a camping or other public use area. No animal shall be killed, except to protect persons who are in immediate danger, or as provided in an Abatement Plan pursuant to Subsection (c) of this section.

(b) An Authorized Officer who learns of or is involved in an incident involving nuisance or hazardous animals in a camping or other public use area shall file a written Animal Nuisance/Hazard Report with the Department describing the species of the animal, the date, time, and location of the incident, and the nature of the hazard or nuisance.

(c) The Department, upon receipt of an Animal Nuisance/Hazard Report, shall order an investigation and report by an employee trained in the handling of animal depredations. If the Department determines that the nuisance or hazard is likely to be of a continuing or repetitious nature, it shall formulate a written Animal Nuisance/Hazard Abatement Plan to remedy the nuisance or hazard and shall implement the plan.

(d) An Abatement Plan formulated pursuant to this section may authorize the trapping, tagging, moving, or killing of any hazardous or nuisance animals to protect property or public safety.

(e) No animal trapped pursuant to this section shall be kept in captivity for longer than is necessary to tag and transport the animal to another area for release.

(f) Any animal killed pursuant to this section shall be disposed of pursuant to the provisions of Section 35.05.150, and except as provided in that Section, no person shall retain any part of such animal.

(g) After an Abatement Plan has been implemented, the Department shall prepare and file a report on the methods used and the final results, including the disposition of any animal killed pursuant to the plan.

(h) Any person may use any means reasonably necessary, including killing an animal, to protect a person who is in immediate danger of being injured by such animal. Any person who kills an animal pursuant to this section shall leave the animal where it falls and, within three hours of such killing, report the incident to the Department.