§ 23A-10-101. Definitions
§ 23A-10-201. Invasive species prohibited--Administrative inspection authorized
§ 23A-10-202. Reporting of invasive species required
§ 23A-10-301. Division's power to prevent invasive species infestation
§ 23A-10-302. Conveyance or equipment detainment or quarantine
§ 23A-10-303. Closing a water body, facility, or water supply system
§ 23A-10-304. Aquatic invasive species fee
§ 23A-10-305. Removal of drain plug or similar device during transport
§ 23A-10-401. Rulemaking authority
§ 23A-10-501. Aquatic invasive species emergency response plan
As used in this chapter:
(1)(a) “Conveyance” means a terrestrial or aquatic vehicle or a vehicle part that may carry or contain a Dreissena mussel.
(b) “Conveyance” includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a container, a trailer, a live well, or a bilge area.
(2) “Decontaminate” means to:
(a) drain and dry non-treated water; and
(b) chemically or thermally treat in accordance with rule.
(3) “Dreissena mussel” means a mussel of the genus Dreissena at any life stage, including a zebra mussel, a quagga mussel, and Conrad's false mussel.
(4) “Equipment” means an article, tool, implement, or device capable of carrying or containing:
(a) water; or
(b) a Dreissena mussel.
(5) “Facility” means a structure that is located within or adjacent to a water body.
(6) “Infested water” means a geographic region, water body, facility, or water supply system within or outside the state that the Wildlife Board identifies in rule as carrying or containing a Dreissena mussel.
(7) “Vessel” means the same as that term is defined in Section 73-18-2.
(8) “Water body” means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain.
(9)(a) “Water supply system” means a system that treats, conveys, or distributes water for irrigation, industrial, waste water treatment, or culinary use.
(b) “Water supply system” includes a pump, canal, ditch, or pipeline.
(c) “Water supply system” does not include a water body.
Credits
Laws 2023, c. 103, § 195, eff. July 1, 2023.
§ 23A-10-201. Invasive species prohibited--Administrative inspection authorized
(1) Except as authorized in this title or a Wildlife Board rule or order, a person may not:
(a) possess, import, export, ship, or transport a Dreissena mussel;
(b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel in a water body, facility, or water supply system;
(c) transport a conveyance or equipment that has been in an infested water within the previous 30 days without decontaminating the conveyance or equipment; or
(d) launch or operate a vessel on the waters of the state without first:
(i) paying an aquatic invasive species fee required by Subsection 23A-10-304(1) or (2); and
(ii) displaying an aquatic invasive species decal in accordance with Subsection (6).
(2) Except as provided in Subsection (3), a person who violates Subsection (1):
(a) is strictly liable;
(b) is guilty of an infraction; and
(c) shall reimburse the state for the costs associated with detaining, quarantining, and decontaminating the conveyance or equipment.
(3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class A misdemeanor.
(4) A person may not proceed past or travel through an inspection station or administrative checkpoint, as described in Section 23A-10-301, while transporting a conveyance during an inspection station's or administrative checkpoint's hours of operations without presenting the conveyance for inspection.
(5) A person who violates Subsection (4) is guilty of a class B misdemeanor.
(6)(a)(i) The division shall provide a resident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(1)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.
(ii) The division shall provide a nonresident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(2)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.
(b) A person shall display the aquatic invasive species decal obtained under this Subsection (6) on the bow of the vessel's port side six inches aft of the vessel's registration decal.
Credits
Laws 2023, c. 103, § 196, eff. July 1, 2023.
§ 23A-10-202. Reporting of invasive species required
(1) A person who discovers a Dreissena mussel within this state or has reason to believe a Dreissena mussel may exist at a specific location shall immediately report the discovery to the division.
(2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
Credits
Laws 2023, c. 103, § 197, eff. July 1, 2023.
§ 23A-10-301. Division's power to prevent invasive species infestation
To eradicate and prevent the infestation of a Dreissena mussel, the division may:
(1)(a) establish inspection stations located at or along:
(i) highways, as defined in Section 72-1-102;
(ii) ports of entry, if the Department of Transportation authorizes the division to use the port of entry; and
(iii) publicly accessible:
(A) boat ramps; and
(B) conveyance launch sites; and
(b) temporarily stop, detain, and inspect a conveyance or equipment that:
(i) the division reasonably believes is in violation of Section 23A-10-201;
(ii) the division reasonably believes is in violation of Section 23A-10-305;
(iii) is stopped at an inspection station; or
(iv) is stopped at an administrative checkpoint;
(2) conduct an administrative checkpoint in accordance with Section 77-23-104;
(3) detain and quarantine a conveyance or equipment as provided in Section 23A-10-302;
(4) order a person to decontaminate a conveyance or equipment; and
(5) inspect the following that may contain a Dreissena mussel:
(a) a water body;
(b) a facility; and
(c) a water supply system.
Credits
Laws 2023, c. 103, § 198, eff. July 1, 2023.
§ 23A-10-302. Conveyance or equipment detainment or quarantine
(1) The division, a port-of-entry agent, or a peace officer may detain or quarantine a conveyance or equipment if:
(a) the division, agent, or peace officer:
(i) finds the conveyance or equipment contains a Dreissena mussel; or
(ii) reasonably believes that the person transporting the conveyance or equipment is in violation of Section 23A-10-201; or
(b) the person transporting the conveyance or equipment refuses to submit to an inspection authorized by Section 23A-10-301.
(2) The detainment or quarantine authorized by Subsection (1) may continue for:
(a) up to five days; or
(b) the period of time necessary to:
(i) decontaminate the conveyance or equipment; and
(ii) ensure that a Dreissena mussel is not living on or in the conveyance or equipment.
Credits
Laws 2023, c. 103, § 199, eff. July 1, 2023.
§ 23A-10-303. Closing a water body, facility, or water supply system
(1) Except as provided by Subsection (6), if the division detects or suspects a Dreissena mussel is present in a water body, a facility, or a water supply system, the director or the director's designee may, with the concurrence of the executive director, order:
(a) the water body, facility, or water supply system closed to a conveyance or equipment;
(b) restricted access by a conveyance or equipment to a water body, facility, or water supply system; or
(c) a conveyance or equipment that is removed from or introduced to the water body, facility, or water supply system to be inspected, quarantined, or decontaminated in a manner and for a duration necessary to detect and prevent the infestation of a Dreissena mussel.
(2) If a closure authorized by Subsection (1) lasts longer than seven days, the division shall:
(a) provide a written update to the operator of the water body, facility, or water supply system every 10 days on the division's effort to address the Dreissena infestation; and
(b) post the update on the division's website.
(3)(a) The Wildlife Board shall develop procedures to ensure proper notification of a state, federal, or local agency that is affected by a Dreissena mussel infestation.
(b) The notification shall include:
(i) the reasons for the closure, quarantine, or restriction; and
(ii) methods for providing updated information to the agency.
(4) When deciding the scope, duration, level, and type of restriction or a quarantine or closure location, the director shall consult with the person with the jurisdiction, control, or management responsibility over the water body, facility, or water supply system to avoid or minimize disruption of economic and recreational activity.
(5)(a) A person that operates a water supply system shall cooperate with the division to implement a measure to:
(i) avoid infestation by a Dreissena mussel; and
(ii) control or eradicate a Dreissena mussel infestation that may occur in a water supply system.
(b)(i) If a Dreissena mussel is detected, the water supply system's operator, in cooperation with the division, shall prepare and implement a plan to control or eradicate a Dreissena mussel within the water supply system.
(ii) A plan required by Subsection (5)(b)(i) shall include a:
(A) method for determining the scope and extent of the infestation;
(B) method to control or eradicate the Dreissena mussel;
(C) method to decontaminate the water supply system containing the Dreissena mussel;
(D) systematic monitoring program to determine a change in the infestation; and
(E) requirement to update or revise the plan in conformity with a scientific advance in the method of controlling or eradicating a Dreissena mussel.
(6)(a) The division may not close or quarantine a water supply system if the operator has prepared and implemented a plan to control or eradicate a Dreissena mussel in accordance with Subsection (5).
(b)(i) The division may require the operator to update a plan.
(ii) If the operator fails to update or revise a plan, the division may close or quarantine the water supply system in accordance with this section.
Credits
Laws 2023, c. 103, § 200, eff. July 1, 2023.
§ 23A-10-304. Aquatic invasive species fee
(1)(a) Except as described in Subsection (3), there is imposed an annual resident aquatic invasive species fee of $20 on a vessel required to be registered under Section 73-18-7.
(b) The division shall:
(i) collect the aquatic invasive species fee imposed under Subsection (1)(a):
(A) in cooperation with the Division of Outdoor Recreation and in conjunction with the registration process described in Section 73-18-7; or
(B) through a division process if the vessel owner elects to not pay the aquatic invasive species fee in conjunction with the registration process;
(ii) deposit the aquatic invasive species fee into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211; and
(iii) administer the aquatic invasive species fee in accordance with this section.
(c) The aquatic invasive species fee imposed under this Subsection (1) is in addition to and is separate from a registration fee described in Section 73-18-7.
(2)(a) Except as provided in Subsection (3), there is imposed an annual nonresident aquatic invasive species fee of $25 on a vessel to launch or operate a vessel in waters of this state if:
(i) the vessel is owned by a nonresident; and
(ii) the vessel would otherwise be subject to registration requirements under Section 73-18-7 if the vessel were owned by a resident of this state.
(b) The division shall:
(i) collect and administer an aquatic invasive species fee described in Subsection (2)(a) in accordance with this section; and
(ii) deposit the aquatic invasive species fee collected under this Subsection (2) into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211.
(3) Subsections (1) and (2) do not apply if the vessel is owned and operated by a state or federal government agency and the vessel is used within the course and scope of the duties of the agency.
(4) Before launching or operating a vessel on the waters of this state:
(a)(i) a resident shall pay the aquatic invasive species fee as described in Subsection (1); and
(ii) a nonresident shall pay the aquatic invasive species fee as described in Subsection (2); and
(b) the resident or nonresident vessel owner shall successfully complete an aquatic invasive species education course offered by the division.
(5) Notwithstanding the fee amount described in Subsections (1) and (2), the Wildlife Board may increase resident and nonresident aquatic invasive species fees assessed under this section, so long as:
(a) the aquatic invasive species fee for nonresidents described in Subsection (2) is no less than the resident aquatic invasive species fee described in Subsection (1); and
(b) the aquatic invasive species fee is confirmed in the legislative fee schedule.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules establishing procedures for:
(a) proof of payment and other methods of verifying compliance with this section;
(b) special requirements applicable on interstate water bodies in this state; and
(c) other provisions necessary for the administration of the program.
Credits
Laws 2023, c. 103, § 201, eff. July 1, 2023.
§ 23A-10-305. Removal of drain plug or similar device during transport
(1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in the state, a person shall:
(a) remove the plugs and similar devices that prevent drainage of raw water systems on the conveyance; and
(b) to the extent feasible, drain the water from live wells, bilges, ballast tanks, or similar compartments on the conveyance.
(2) A person who fails to comply with Subsection (1) is guilty of a class C misdemeanor.
Credits
Laws 2023, c. 103, § 202, eff. July 1, 2023.
§ 23A-10-401. Rulemaking authority
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules that:
(1) establish the procedures and requirements for decontaminating a conveyance or equipment to prevent the introduction and infestation of a Dreissena mussel;
(2) establish the requirements necessary to provide proof that a conveyance or equipment is decontaminated;
(3) establish the notification procedures required in Section 23A-10-303;
(4) identify the geographic area, water body, facility, or water supply system that is infested by Dreissena mussels;
(5) establish a procedure and protocol in cooperation with the Department of Transportation for stopping, inspecting, detaining, and decontaminating a conveyance or equipment at a port-of-entry in accordance with Section 23A-10-301; and
(6) are necessary to administer and enforce this chapter.
Credits
Laws 2023, c. 103, § 203, eff. July 1, 2023.
§ 23A-10-501. Aquatic invasive species emergency response plan
(1) As used in this section:
(a) “Committee” means the Natural Resources, Agriculture, and Environment Interim Committee.
(b) “Emergency response plan” means the statewide aquatic invasive species emergency response plan developed by the division in accordance with this part.
(2) The division shall develop a statewide aquatic invasive species emergency response plan to address the potential spread of aquatic invasive species throughout the state.
(3) In developing the emergency response plan, the division shall coordinate with public and private entities that may be necessary or helpful to remediating the potential spread of aquatic invasive species throughout the state.
(4) The emergency response plan shall:
(a) designate the division as the entity that coordinates the implementation of the emergency response plan;
(b) provide for annual review of the emergency response plan by the division;
(c) provide that the emergency response plan may only be implemented if the division detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water supply system within the state; and
(d) define what constitutes a detection of aquatic invasive species at a water body, facility, or water supply system.
(5) If an event requires the implementation of the emergency response plan, the division shall report on that event and the implementation of the emergency response plan to the committee.
Credits
Laws 2023, c. 103, § 204, eff. July 1, 2023.