Section 3.2 – Mitigation review panel.

• (1) A mitigation review panel may be convened to review:
  • (a) a depredation mitigation plan; or
  • (b) division action under Section 23-16-4.

• (2) Membership of the mitigation review panel shall consist of:
  • (a) the division director or the director’s designee;
  • (b)
    • (i) the commissioner of the Department of Agriculture and Food or the commissioner’s designee; or
    • (ii) a representative of agricultural interests appointed by the commissioner of the Department of Agriculture and Food; and
  • (c) a representative of Utah State University Extension Service appointed by the Vice President and Dean for University Extension.

• (3)
  • (a) The division director shall convene a mitigation review panel if:
    • (i) a landowner or lessee appeals a depredation mitigation plan under Subsection 23-16-3.1(2)(b)(ii);
    • (ii) the division director requests review of a depredation mitigation plan; or
    • (iii) the division receives a petition of an aggrieved party to a final division action under Section 23-16-4.
  • (b) Within five business days of an appeal under Subsection 23-16-3.1(2)(b)(ii) or a division request for review, the mitigation review panel shall review the depredation mitigation plan and approve or modify the plan.
  • (c) A mitigation review panel shall act on a petition described in Subsection (3)(a)(iii) in accordance with rules made by the Wildlife Board under Subsection 23-16-4(6).

• (4) Judicial review of a mitigation review panel action under this section is governed by Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 45, 2022 General Session