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Second Substitute H.B. 148
7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions relating to aquaculture and aquatic wildlife
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . changes the membership of the Fish Health Policy Board;
15 . allows an aquaculture facility to sell a live aquatic animal to a private fish pond in
16 certain circumstances;
17 . requires a private fish pond to have a screen;
18 . allows the Wildlife Board to make rules limiting aquatic wildlife stocking in a
19 private fish pond in certain circumstances;
20 . changes the requirement for a private fish pond to have a certificate of registration;
22 . makes technical changes.
23 Monies Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 4-37-103, as last amended by Laws of Utah 1998, Chapter 302
30 4-37-204, as enacted by Laws of Utah 1994, Chapter 153
31 4-37-503, as last amended by Laws of Utah 2007, Chapter 191
32 23-13-2, as last amended by Laws of Utah 2007, Chapter 136
33 23-15-9, as enacted by Laws of Utah 1971, Chapter 46
34 23-15-10, as enacted by Laws of Utah 1971, Chapter 46
35 23-19-1, as last amended by Laws of Utah 2003, Chapter 189
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 4-37-103 is amended to read:
39 4-37-103. Definitions.
40 As used in this chapter:
41 (1) "Aquaculture" means the controlled cultivation of aquatic animals.
42 (2) (a) (i) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream
43 reservoir, or other structure used for aquaculture.
44 (ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishing
46 (b) Structures that are separated by more than 1/2 mile, or structures that drain to or are
47 modified to drain to, different drainages, are considered separate aquaculture facilities
48 regardless of ownership.
49 (3) (a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean,
50 or amphibian.
51 (b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a).
52 (4) "Fee fishing facility" means a body of water used for holding or rearing fish for the
53 purpose of providing fishing for a fee or for pecuniary consideration or advantage.
54 (5) (a) "Private fish pond" means a body of water where privately owned fish are
55 propagated or kept for a noncommercial purpose.
56 (b) "Private fish pond" does not include any aquaculture facility or fee fishing facility.
57 (6) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream
58 reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S.
59 Fish and Wildlife Service, or an institution of higher education.
60 (7) "Public fishery resource" means fish produced in public aquaculture facilities and
61 wild and free ranging populations of fish in the surface waters of the state.
62 Section 2. Section 4-37-204 is amended to read:
63 4-37-204. Sale of aquatic animals from aquaculture facilities.
64 (1) (a) [
65 registration for an aquaculture facility may take an aquatic [
66 certificate of registration from the facility at any time and offer [
67 sale; however, live aquatic animals may be sold within Utah only to a person who has been
68 issued a certificate of registration to possess [
69 (b) A person who owns or operates an aquaculture facility may stock a live aquatic
70 animal in a private fish pond if the person:
71 (i) obtains a health approval number for the aquaculture facility;
72 (ii) provides the private fish pond's owner with a brochure published by the Division of
73 Wildlife Resources that summarizes the statutes and rules related to a private fish pond and the
74 possession of an aquatic animal;
75 (iii) inspects the private fish pond to verify that the private fish pond is in compliance
76 with Subsections 23-15-10 (2) and (3)(c); and
77 (iv) stocks the species, strain, and reproductive capability of aquatic animal authorized
78 by the Wildlife Board in accordance with Section 23-15-10 for stocking in the area where the
79 private fish pond is located.
80 (2) [
81 an aquaculture facility must be accompanied by the seller's receipt that contains the following
83 (a) date of transaction;
84 (b) name, address, certificate of registration number, health approval number, and
85 signature of seller;
86 (c) number and weight of aquatic animal by:
87 (i) species;
88 (ii) strain; and
89 (iii) reproductive capability; and
90 (d) name and address of the receiver[
92 (3) (a) A person holding a certificate of registration for an aquaculture facility must
93 submit to the department an annual report of each sale of live aquatic animals or each transfer
94 of live aquatic animals to:
95 (i) another aquaculture facility; or
96 (ii) a fee fishing facility.
97 (b) The report must contain the following information:
98 (i) name, address, and certificate of registration number of the seller or supplier;
99 (ii) number and weight by species;
100 (iii) date of sale or transfer; and
101 (iv) name, address, phone number, and certificate of registration number of the
103 (4) (a) A person who owns or operates an aquaculture facility shall submit to the
104 Division of Wildlife Resources an annual report of each sale or transfer of a live aquatic animal
105 to a private fish pond.
106 (b) The report shall contain:
107 (i) the name, address, and health approval number of the person;
108 (ii) the name, address, and phone number of the private fish pond's owner or operator;
109 (iii) the number and weigh of aquatic animal by:
110 (A) species;
111 (B) strain; and
112 (C) reproductive capability;
113 (iv) date of sale or transfer;
114 (v) the private fish pond's location; and
115 (vi) verification that the private fish pond was inspected and is in compliance with
116 Subsections 23-15-10 (2) and (3)(c).
119 (a) a certificate of registration is renewed or a subsequent certificate of registration is
120 issued for an aquaculture facility in the state; or
121 (b) a health approval number is issued for an out-of-state source.
122 Section 3. Section 4-37-503 is amended to read:
123 4-37-503. Fish Health Policy Board.
124 (1) There is created within the department the Fish Health Policy Board which shall
125 establish policies designed to prevent the outbreak of, control the spread of, and eradicate
126 pathogens that cause disease in aquatic animals.
127 (2) The Fish Health Policy Board shall:
128 (a) in accordance with Subsection (6)(b), determine procedures and requirements for
129 certifying a source of aquatic animals as health approved, including:
130 (i) the pathogens for which inspection is required to receive health approval;
131 (ii) the pathogens [
132 (iii) standards and procedures required for the inspection of aquatic animals;
133 (b) establish procedures for the timely reporting of the presence of [
134 pathogen and disease [
135 (c) create policies and procedures for, and appoint, an emergency response team to:
136 (i) investigate a serious [
137 (ii) develop and monitor a plan of action; and
138 (iii) report to:
139 (A) the commissioner of agriculture and food;
140 (B) the director of the Division of Wildlife Resources; and
141 (C) the chair of the Fish Health Policy Board; and
142 (d) develop a unified statewide aquaculture disease control [
143 (3) The Fish Health Policy Board shall advise the commissioner of agriculture and
144 food and the executive director of the Department of Natural Resources regarding:
145 (a) educational programs and information systems to educate and inform the public
146 about practices that the public may employ to prevent the spread of disease; and
147 (b) communication and interaction between the department and the Division of
148 Wildlife Resources regarding fish health policies and procedures.
149 (4) (a) (i) The governor shall appoint the following seven members to the Fish Health
150 Policy Board [
168 (A) one member from names submitted by the Department of Natural Resources;
169 (B) one member from names submitted by the Department of Agriculture and Food;
170 (C) one member from names submitted by a nonprofit corporation that promotes sport
172 (D) one member from names submitted by a nonprofit corporation that promotes the
173 aquaculture industry;
174 (E) one member from names submitted by the Department of natural Resources and the
175 Department of Agriculture and Food;
176 (F) one member from names submitted by a nonprofit corporation that promotes sport
177 fishing; and
178 (G) one member from names submitted by a nonprofit corporation that promotes the
179 aquaculture industry.
180 (ii) The members appointed under Subsections (4)(a)(i)(E) through (G) shall be:
181 (A) (I) faculty members of an institution of higher education; or
182 (II) qualified professionals; and
183 (B) have education and knowledge in:
184 (I) fish pathology;
185 (II) business;
186 (III) ecology; or
187 (IV) parasitology.
188 (iii) At least one member appointed under Subsections (4)(a)(i)(E) through (G) shall
189 have education and knowledge about fish pathology.
190 (iv) (A) A nominating person shall submit at least three names to the governor.
191 (B) If the governor rejects all the names submitted for a member, the recommending
192 person shall submit additional names.
193 (b) Except as required by Subsection (4)(c), the term of office of board members[
195 be four years.
196 (c) Notwithstanding the requirements of Subsection (4)(b), the [
198 length of terms to ensure that the terms of board members are staggered so that approximately
199 half of the board is appointed every two years.
200 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
201 appointed for the unexpired term.
202 (e) The [
203 members shall elect a chair of the board from the board's membership.
204 (f) The board shall meet upon the call of the chair or a majority of the board members.
205 (g) [
206 majority of voting members.
208 (5) (a) (i) A member who is not a government employee may not receive compensation
209 or benefits for the member's service, but may receive per diem and expenses incurred in the
210 performance of the member's official duties at the rates established by the Division of Finance
211 under Sections 63A-3-106 and 63A-3-107 .
212 (ii) A member may decline to receive per diem and expenses for the member's service.
213 (b) (i) A state government officer and employee member who does not receive salary,
214 per diem, or expenses from the agency the member represents for the member's service may
215 receive per diem and expenses incurred in the performance of the member's official duties at
216 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
217 (ii) A state government officer and employee member may decline to receive per diem
218 and expenses for the member's service.
219 (c) (i) A higher education member who does not receive salary, per diem, or expenses
220 from the entity that the member represents for the member's service may receive per diem and
221 expenses incurred in the performance of the member's official duties at the rates established by
222 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
223 (ii) A higher education member may decline to receive per diem and expenses for the
224 member's service.
225 (6) (a) The board shall make rules consistent with its responsibilities and duties
226 specified in this section.
227 (b) Except as provided by this chapter, all rules adopted by the Fish Health Policy
228 Board must be consistent with the suggested procedures for the detection and identification of
229 pathogens published by the American Fisheries Society's Fish Health Section.
230 (c) (i) Rules of the department and Fish Health Policy Board pertaining to the control
231 of disease shall remain in effect until the Fish Health Policy Board enacts rules to replace those
233 (ii) The Fish Health Policy Board shall promptly amend rules that are inconsistent with
234 the current suggested procedures published by the American Fisheries Society.
235 (d) The Fish Health Policy Board may waive a requirement established by the Fish
236 Health Policy Board's rules if:
237 (i) the rule specifies the waiver criteria and procedures; and
238 (ii) the waiver will not threaten other aquaculture facilities or wild aquatic animal
240 Section 4. Section 23-13-2 is amended to read:
241 23-13-2. Definitions.
242 As used in this title:
243 (1) "Activity regulated under this title" means any act, attempted act, or activity
244 prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or
245 the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
246 (a) fishing;
247 (b) hunting;
248 (c) trapping;
249 (d) taking;
250 (e) permitting any dog, falcon, or other domesticated animal to take;
251 (f) transporting;
252 (g) possessing;
253 (h) selling;
254 (i) wasting;
255 (j) importing;
256 (k) exporting;
257 (l) rearing;
258 (m) keeping;
259 (n) utilizing as a commercial venture; and
260 (o) releasing to the wild.
261 (2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
262 (3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
264 (4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
265 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
266 that one person may legally take during one day.
267 (6) "Big game" means species of hoofed protected wildlife.
268 (7) "Carcass" means the dead body of an animal or its parts.
269 (8) "Certificate of registration" means a document issued under this title, or any rule or
270 proclamation of the Wildlife Board granting authority to engage in activities not covered by a
271 license, permit, or tag.
272 (9) "Closed season" means the period of time during which the taking of protected
273 wildlife is prohibited.
274 (10) "Conservation officer" means a full-time, permanent employee of the Division of
275 Wildlife Resources who is POST certified as a peace or a special function officer.
276 (11) "Dedicated hunter program" means a program that provides:
277 (a) expanded hunting opportunities;
278 (b) opportunities to participate in projects that are beneficial to wildlife; and
279 (c) education in hunter ethics and wildlife management principles.
280 (12) "Division" means the Division of Wildlife Resources.
281 (13) (a) "Domicile" means the place:
282 (i) where an individual has a fixed permanent home and principal establishment;
283 (ii) to which the individual if absent, intends to return; and
284 (iii) in which the individual, and the individual's family voluntarily reside, not for a
285 special or temporary purpose, but with the intention of making a permanent home.
286 (b) To create a new domicile an individual must:
287 (i) abandon the old domicile; and
288 (ii) be able to prove that a new domicile has been established.
289 (14) "Endangered" means wildlife designated as such according to Section 3 of the
290 federal Endangered Species Act of 1973.
291 (15) "Fee fishing facility" has the meaning provided in Section 4-37-103 .
292 (16) "Feral" means an animal which is normally domesticated but has reverted to the
294 (17) "Fishing" means to take fish or crayfish by any means.
295 (18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
296 Castoridae families, except coyote and cougar.
297 (19) "Game" means wildlife normally pursued, caught, or taken by sporting means for
298 human use.
299 (20) (a) "Guide" means a person who receives compensation or advertises services for
300 assisting another person to take protected wildlife.
301 (b) Assistance under Subsection (20)(a) includes the provision of food, shelter, or
302 transportation, or any combination of these.
303 (21) "Guide's agent" means a person who is employed by a guide to assist another
304 person to take protected wildlife.
305 (22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
307 (23) "Intimidate or harass" means to physically interfere with or impede, hinder, or
308 diminish the efforts of an officer in the performance of the officer's duty.
309 (24) "Nonresident" means a person who does not qualify as a resident.
310 (25) "Open season" means the period of time during which protected wildlife may be
311 legally taken.
312 (26) "Pecuniary gain" means the acquisition of money or something of monetary value.
313 (27) "Permit" means a document, including a stamp, which grants authority to engage
314 in specified activities under this title or a rule or proclamation of the Wildlife Board.
315 (28) "Person" means an individual, association, partnership, government agency,
316 corporation, or an agent of the foregoing.
317 (29) "Possession" means actual or constructive possession.
318 (30) "Possession limit" means the number of bag limits one individual may legally
320 (31) (a) "Private fish [
321 owned, protected aquatic wildlife are propagated or kept for a noncommercial purpose.
322 (b) "Private fish [
323 fishing facility.
324 (32) "Private wildlife farm" means an enclosed place where privately owned birds or
325 furbearers are propagated or kept and that restricts the birds or furbearers from:
326 (a) commingling with wild birds or furbearers; and
327 (b) escaping into the wild.
328 (33) "Proclamation" means the publication used to convey a statute, rule, policy, or
329 pertinent information as it relates to wildlife.
330 (34) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection
331 (3), except as provided in Subsection (34)(b).
332 (b) "Protected aquatic wildlife" does not include aquatic insects.
333 (35) (a) "Protected wildlife" means wildlife as defined in Subsection (49), except as
334 provided in Subsection (35)(b).
335 (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel,
336 jack rabbit, muskrat, and raccoon.
337 (36) "Released to the wild" means to be turned loose from confinement.
338 (37) (a) "Resident" means a person who:
339 (i) has been domiciled in the state for six consecutive months immediately preceding
340 the purchase of a license; and
341 (ii) does not claim residency for hunting, fishing, or trapping in any other state or
343 (b) A Utah resident retains Utah residency if that person leaves this state:
344 (i) to serve in the armed forces of the United States or for religious or educational
345 purposes; and
346 (ii) complies with Subsection (37)(a)(ii).
347 (c) (i) A member of the armed forces of the United States and dependents are residents
348 for the purposes of this chapter as of the date the member reports for duty under assigned
349 orders in the state if the member:
350 (A) is not on temporary duty in this state; and
351 (B) complies with Subsection (37)(a)(ii).
352 (ii) A copy of the assignment orders must be presented to a wildlife division office to
353 verify the member's qualification as a resident.
354 (d) A nonresident attending an institution of higher learning in this state as a full-time
355 student may qualify as a resident for purposes of this chapter if the student:
356 (i) has been present in this state for 60 consecutive days immediately preceding the
357 purchase of the license; and
358 (ii) complies with Subsection (37)(a)(ii).
359 (e) A Utah resident license is invalid if a resident license for hunting, fishing, or
360 trapping is purchased in any other state or country.
361 (f) An absentee landowner paying property tax on land in Utah does not qualify as a
363 (38) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
364 selling, bartering, exchanging, or trading.
365 (39) "Small game" means species of protected wildlife:
366 (a) commonly pursued for sporting purposes; and
367 (b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey,
368 cougar, and bear.
369 (40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for
370 human consumption.
371 (41) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or
372 other artificial light on any highway or in any field, woodland, or forest while having in
373 possession a weapon by which protected wildlife may be killed.
374 (42) "Tag" means a card, label, or other identification device issued for attachment to
375 the carcass of protected wildlife.
376 (43) "Take" means to:
377 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
378 wildlife; or
379 (b) attempt any action referred to in Subsection (43)(a).
380 (44) "Threatened" means wildlife designated as such pursuant to Section 3 of the
381 federal Endangered Species Act of 1973.
382 (45) "Trapping" means taking protected wildlife with a trapping device.
383 (46) "Trophy animal" means an animal described as follows:
384 (a) deer - any buck with an outside antler measurement of 24 inches or greater;
385 (b) elk - any bull with six points on at least one side;
386 (c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
387 (d) moose - any bull with at least one antler exceeding five inches in length;
388 (e) mountain goat - any male or female;
389 (f) pronghorn antelope - any buck with horns exceeding 14 inches; or
390 (g) bison - any bull.
391 (47) "Waste" means to abandon protected wildlife or to allow protected wildlife to
392 spoil or to be used in a manner not normally associated with its beneficial use.
393 (48) "Water pollution" means the introduction of matter or thermal energy to waters
394 within this state which:
395 (a) exceeds state water quality standards; or
396 (b) could be harmful to protected wildlife.
397 (49) "Wildlife" means:
398 (a) crustaceans, including brine shrimp and crayfish;
399 (b) mollusks; and
400 (c) vertebrate animals living in nature, except feral animals.
401 Section 5. Section 23-15-9 is amended to read:
402 23-15-9. Possession or transportation of live aquatic wildlife unlawful except as
403 authorized -- Exceptions.
404 It is unlawful for any person to possess or transport live protected aquatic wildlife
405 except as provided by this code or the rules and regulations of the Wildlife Board. This section
406 shall not apply to tropical and goldfish species intended for exhibition or commercial purposes.
407 Operators of a properly registered private fish [
408 wildlife specified by the Wildlife Board in the operator's certificate of registration.
409 Section 6. Section 23-15-10 is amended to read:
410 23-15-10. Private fish pond.
415 (1) A private fish pond is not required to obtain a certificate of registration from the
416 division to receive an aquatic animal from an aquaculture facility.
417 (2) A private fish pond may not be developed on:
418 (a) a natural [
419 (b) a natural flowing [
420 (c) a reservoir constructed on a natural stream [
421 (3) A person who owns or operates a private fish pond may receive an aquatic animal
422 from an aquaculture facility if:
423 (a) the aquaculture facility has a health approval number required by Section 4-37-501 ;
424 (b) the species, strain, and reproductive capability of the aquatic animal is authorized
425 by the Wildlife Board in accordance with Subsection (4) for stocking in the area where the
426 private fish pond is located;
427 (c) the private fish pond is screened in accordance with the Wildlife Board's rule to
428 prevent an aquatic animal from moving into or out of the private fish pond;
429 (d) the aquatic animal is not:
430 (i) released from the private fish pond; or
431 (ii) transported live to another location; and
432 (e) the person provides the aquaculture facility with a signed statement that the private
433 fish pond is in compliance with this section.
434 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
435 Wildlife Board may make rules that:
436 (a) specify the screen requirements to prevent the movement of an aquatic animal into
437 or out of the private fish pond;
438 (b) specify the aquatic animal species that may not be stocked in a private fish pond
439 located in the state; and
440 (c) establish a location or region where a specified species, strain, and reproductive
441 capability of aquatic animal may be stocked in a private fish pond.
442 (5) The division may inspect a private fish pond to verify compliance with this section.
443 Section 7. Section 23-19-1 is amended to read:
444 23-19-1. Possession of licenses, certificates of registration, permits, and tags
445 required -- Nonassignability -- Exceptions -- Free fishing day.
446 (1) A person may not engage in hunting, trapping, fishing, or seining protected wildlife
447 or in the sale, trade, or barter of protected wildlife or their parts without first having procured
448 the necessary licenses, certificates of registration, permits, and tags as provided under this
449 chapter and having at the same time the licenses, certificates of registration, permits, and tags
450 on his or her person, except as provided under Subsection (3).
451 (2) (a) Except as provided in Subsection (2)(b) a person may not:
452 (i) lend, transfer, sell, give, or assign licenses, certificates of registration, permits, or
453 tags belonging to the person or the rights granted by licenses, certificates of registration,
454 permits, or tags; or
455 (ii) use or attempt to use a license, certificate of registration, permit, or tag of another
457 (b) The Wildlife Board may make exceptions to the prohibitions specified in
458 Subsection (2)(a) for purposes of:
459 (i) transporting wildlife;
460 (ii) taking protected wildlife for a person who has a permanent physical impairment
461 due to injury or disease, congenital or acquired, which renders the person so severely disabled
462 as to be physically unable to use a legal hunting weapon or fishing device; or
463 (iii) transferring a certificate of registration to harvest brine shrimp and brine shrimp
464 eggs to another person, if the certificate is transferred in connection with the sale or transfer of
465 the brine shrimp harvest operation or the harvesting equipment, subject to the restrictions
466 referred to under Subsection (2)(c).
467 (c) (i) A certificate of registration to harvest brine shrimp and brine shrimp eggs may
468 not be transferred without the approval of the division.
469 (ii) Application to allow the transfer of a certificate of registration to harvest brine
470 shrimp and brine shrimp eggs shall be made to the division on a form prescribed and furnished
471 by it.
472 (iii) The division may grant a transfer of a certificate of registration to harvest brine
473 shrimp and brine shrimp eggs if the proposed transferee meets all the requirements necessary to
474 obtain an original certificate of registration.
475 (3) No license, certificate of registration, permit, or tag is required to:
476 (a) fish on a free fishing day which the Wildlife Board may establish each year under
477 rules prescribed by the board;
478 (b) fish at a private fish [
479 23-15-10 ; or
480 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
481 propagate, keep, and release for shooting pursuant to a certificate of registration issued under
482 Section 23-17-6 .
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