(1) Except as provided in Subsection (2), the department may:
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary for the control and prevention of disease in poultry, waterfowl, and game-birds; and
(b) enforce the rules described in Subsection (1)(a).
(2) The department may not make a rule under Subsection (1)(a) that relates to protected wildlife that is:
(a) living in nature; and
(b) under the jurisdiction of the Division of Wildlife Resources.