4-39-401 - Escape of domesticated elk -- Liability.
4-39-401. Escape of domesticated elk -- Liability.
(1) It is the owner's responsibility to try to capture any domesticated elk that may haveescaped.
(2) The escape of a domesticated elk shall be reported immediately to the stateveterinarian or a brand inspector of the Department of Agriculture who shall notify the Divisionof Wildlife Resources.
(3) If the domesticated elk is not recovered within 72 hours of the escape, the Departmentof Agriculture, in conjunction with the Division of Wildlife Resources, shall take whatever actionis necessary to resolve the problem.
(4) The owner shall reimburse the state or a state agency for any reasonable recapturecosts that may be incurred in the recapture or destruction of the animal.
(5) Any escaped domesticated elk taken by a licensed hunter in a manner which complieswith the provisions of Title 23 and the rules of the Wildlife Board shall be considered to be alegal taking and neither the licensed hunter, the state, nor a state agency shall be liable to theowner for the killing.
(6) The owner shall be responsible to contain the domesticated elk to ensure that there isno spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk isprotected.
Enacted by Chapter 302, 1997 General Session