Part 1 General Provisions 4-39-101 – 4-39-108
Part 2 Domesticated Elk Facilities and Licenses 4-39-201 – 4-39-207
Part 3 Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk 4-39-301 – 4-39-308
Part 4 Escape of Domesticated Elk/Removal of Wild Elk 4-39-401 – 4-39-402
Part 5 Enforcement and Penalties 4-39-501 – 4-39-503

Terms Used In Utah Code > Title 4 > Chapter 39 - Domesticated Elk Act

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Agricultural crops: means any product of cultivation;
    (2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
    (3) "Bounty" means the monetary compensation paid to persons for the harvest of predatory or depredating animals;
    (4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or wildlife inflicted by predatory or depredating animals or depredating birds;
    (5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog;
    (6) "Depredating bird" means a Brewer's blackbird or starling;
    (7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
    (8) "Predatory animal" means any coyote; and
    (9) "Wildlife" means any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird. See Utah Code 4-23-103
  • Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
  • Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Utah Dairy Commission. See Utah Code 4-22-102
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consolidating county: means the county to which another county is joined or is proposed to be joined by consolidation under this part. See Utah Code 17-2-102
  • Contract: A legal written agreement that becomes binding when signed.
  • control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
    (a) direct or exercise a controlling influence over:
    (i) the management or policies of a financial institution; or
    (ii) the election of a majority of the directors or trustees of an institution; or
    (b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
  • Conviction: A judgement of guilt against a criminal defendant.
  • Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102
  • Council: means the Utah Beef Council created in Section 4-21-103. See Utah Code 4-21-102
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Dealer: means any person who buys and processes raw milk or milk fat, or who acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor with respect to raw milk or milk fat or any product derived from either. See Utah Code 4-22-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Department: means the Utah Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-21-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102
  • Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102
  • Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Fees: means the revenue collected by the United States secretary of interior from assessments on livestock using public lands. See Utah Code 4-20-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grazing district: means an administrative unit of land:
    (a) designated by the commissioner as valuable for grazing and for raising forage crops; and
    (b) that consists of any combination of the following:
    (i) public lands;
    (ii) private land;
    (iii) state land; and
    (iv) school and institutional trust land as defined in Section 53C-1-103. See Utah Code 4-20-102
  • Initiating county: means the county, from which a portion is annexed or proposed to be annexed to an adjoining county. See Utah Code 17-2-202
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • leases: means the sale or lease, respectively, of isolated or disconnected tracts of public lands by the United States secretary of interior. See Utah Code 4-20-102
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
  • Marketing agency: means a person who acts as an agent of the seller in the sale of cattle in that the person issues payment to the seller and is entitled to a commission based upon the sale. See Utah Code 4-21-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
  • Originating county: means the county that is joined or proposed to be joined to another county by consolidation under this part. See Utah Code 17-2-102
  • Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Primary standards: means the physical standards of the state, described in Section 4-9-105, which are the legal reference from which all other standards and weights and measures are derived. See Utah Code 4-9-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Producer: means a person who owns and raises or owns and feeds cattle. See Utah Code 4-21-102
  • Producer: means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses. See Utah Code 4-22-102
  • Producer-handler: means any producer who processes raw milk or milk fat. See Utah Code 4-22-102
  • products of agriculture: means any product useful to the human species that results from the application of the science and art of the production of plants, minerals, and animals. See Utah Code 4-8-103
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Purchaser: means a person who buys cattle. See Utah Code 4-21-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regional board: means a regional grazing advisory board with members appointed under Section 4-20-104. See Utah Code 4-20-102
  • Restricted account: means the Rangeland Improvement Account created in Section 4-20-105. See Utah Code 4-20-102
  • Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102
  • Seller: means a person who offers cattle for sale. See Utah Code 4-21-102
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
  • State board: means the Utah Grazing Improvement Program Advisory Board created under Section 4-20-103. See Utah Code 4-20-102
  • Statute: A law passed by a legislature.
  • Suspect domesticated elk: means a domesticated elk for which:
    (a) the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:
    (i) unofficial test results;
    (ii) laboratory evidence; or
    (iii) clinical signs; and
    (b) official laboratory results for a disease spreading pathogen:
    (i) are inconclusive; or
    (ii) have not been conducted. See Utah Code 4-39-102
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
  • Venue: The geographical location in which a case is tried.
  • Weighing and measuring: means the use of weights and measures. See Utah Code 4-9-102
  • Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-9-102
  • Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-9-102
  • Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102
  • Writing: includes :Utah Code 68-3-12.5