7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding aquaculture.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies definitions;
13 ▸ creates the Private Aquaculture Advisory Council;
14 ▸ states that the Department of Agriculture and Food shall consider the
15 recommendations of the Private Aquaculture Advisory Council when adopting
17 ▸ modifies the documentation requirements for a transfer or shipment of live aquatic
19 ▸ states that the Division of Wildlife Resources may authorize:
20 • an aquaculture facility, public aquaculture facility, or fee fishing facility upon a
21 natural lake or reservoir constructed on a natural stream channel under certain
22 circumstances; and
23 • a private fish pond on a natural lake or reservoir constructed on a natural stream
24 channel under certain circumstances; and
25 ▸ makes technical changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 4-37-103, as last amended by Laws of Utah 2008, Chapter 69
33 4-37-104, as last amended by Laws of Utah 1998, Chapter 302
34 4-37-105, as last amended by Laws of Utah 1998, Chapter 302
35 4-37-108, as last amended by Laws of Utah 1998, Chapter 302
36 4-37-109, as last amended by Laws of Utah 2010, Chapter 378
37 4-37-111, as enacted by Laws of Utah 1994, Chapter 153
38 4-37-201, as last amended by Laws of Utah 2009, Chapter 183
39 4-37-203, as last amended by Laws of Utah 2010, Chapter 378
40 4-37-204, as last amended by Laws of Utah 2010, Chapter 378
41 4-37-301, as last amended by Laws of Utah 2009, Chapter 183
42 23-13-2, as last amended by Laws of Utah 2011, Chapter 297
43 23-14-3, as last amended by Laws of Utah 1995, Chapter 211
44 23-15-10, as last amended by Laws of Utah 2008, Chapter 69
46 23-14-2.8, Utah Code Annotated 1953
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 4-37-103 is amended to read:
50 4-37-103. Definitions.
51 As used in this chapter:
52 (1) "Aquaculture" means the controlled cultivation of aquatic animals.
53 (2) (a) (i) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream
54 reservoir, or other structure used for aquaculture.
55 (ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishing
57 (b) Structures that are separated by more than 1/2 mile, or structures that drain to or are
58 modified to drain to, different drainages, are considered separate aquaculture facilities
59 regardless of ownership.
60 (3) (a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean,
61 or amphibian.
62 (b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a).
63 (4) "Fee fishing facility" means a body of water used for holding or rearing fish for the
64 purpose of providing fishing for a fee or for pecuniary consideration or advantage.
65 (5) "Natural flowing stream" means the same as that term is defined in Section
67 (6) "Natural lake" means the same as that term is defined in Section 23-13-2.
74 reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S.
75 Fish and Wildlife Service, Ĥ→ a mosquito abatement district, ←Ĥ or an institution of higher
77 and wild and free ranging populations of fish in the surface waters of the state.
78 (10) "Reservoir constructed on a natural stream channel" means the same as that term
79 is defined in Section 23-13-2.
80 (11) "Short-term fishing event" means the same as that term is defined in Section
82 Section 2. Section 4-37-104 is amended to read:
83 4-37-104. Department's responsibilities.
84 (1) The department is responsible for[
85 Board governing species of aquatic animals which may be imported into the state or possessed
86 or transported within the state that are applicable to aquaculture or fee fishing facilities Ĥ→ and the
86a promotion of the state's aquaculture industry ←Ĥ .
91 (2) Subject to the policies and rules of the Fish Health Policy Board, the department
93 (a) act to prevent the outbreak and act to control the spread of disease-causing
94 pathogens among aquatic animals in aquaculture and fee fishing facilities; and
95 (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
96 be deposited in, or harvested from aquaculture or fee fishing facilities to wild aquatic [
97 animals, other animals, and humans.
98 Section 3. Section 4-37-105 is amended to read:
99 4-37-105. Responsibilities of Wildlife Board and Division of Wildlife Resources.
100 (1) The Wildlife Board and Division of Wildlife Resources are responsible for
101 determining the species of aquatic animals which may be imported into, possessed, and
102 transported within the state.
103 (2) Subject to the policies and rules of the Fish Health Policy Board, the Wildlife
104 Board and the Division of Wildlife Resources shall:
105 (a) act to prevent the outbreak and act to control the spread of disease-causing
106 pathogens among aquatic animals in public aquaculture facilities; and
107 (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
108 be deposited in, or harvested from public aquaculture facilities and private ponds to wild
109 aquatic [
110 Section 4. Section 4-37-108 is amended to read:
111 4-37-108. Prohibited activities.
112 (1) Except as provided in this chapter, in the rules of the department made pursuant to
113 Section 4-37-109, rules of the Fish Health Policy Board made pursuant to Section 4-37-503, or
114 in the rules of the Wildlife Board governing species of aquatic animals which may be imported
115 into, possessed, [
116 (a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee
117 fishing facility;
118 (b) transport aquatic animals to or from an aquaculture or fee fishing facility;
119 (c) stock or propagate aquatic animals in an aquaculture or fee fishing facility; [
120 (d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing
122 (e) release aquatic animals into the waters of the state.
123 (2) If a person commits an act in violation of Subsection (1) and that same act
124 constitutes wanton destruction of protected wildlife as provided in Section 23-20-4, the person
125 is guilty of a violation of Section 23-20-4.
126 Section 5. Section 4-37-109 is amended to read:
127 4-37-109. Department to make rules.
128 (1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
129 Administrative Rulemaking Act:
130 (a) specifying procedures for the application and renewal of certificates of registration
131 for operating an aquaculture or fee fishing facility; and
132 (b) governing the disposal or removal of aquatic animals from an aquaculture or fee
133 fishing facility for which the certificate of registration has lapsed or been revoked.
134 (2) (a) The department may make other rules consistent with its responsibilities set
135 forth in Section 4-37-104.
136 (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
137 be consistent with the suggested procedures for the detection and identification of pathogens
138 published by the American Fisheries Society's Fish Health Section.
139 (3) (a) The department shall consider the recommendations of the Private Aquaculture
140 Advisory Council established in Section 23-14-2.8 when adopting rules under Subsection (1).
141 (b) If the Private Aquaculture Advisory Council recommends a position or action to the
142 department pursuant to Section 23-14-2.8 and the department rejects the recommendation, the
143 department shall provide a written explanation to the council.
144 Section 6. Section 4-37-111 is amended to read:
145 4-37-111. Prohibited sites.
147 aquaculture facility or a fee fishing facility may not be developed on:
151 (2) The Division of Wildlife Resources may authorize an aquaculture facility, public
152 aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural
153 stream channel upon inspecting and determining:
154 (a) the facility and inlet source of the facility neither contain wild game fish nor are
155 likely to support such species in the future;
156 (b) the facility and the facility's intended use will not jeopardize conservation of
157 aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife;
158 (c) the facility is properly screened as provided in Subsection 23-15-10(3)(c) and
159 otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and
160 applicable law; and
161 (d) the facility is not vulnerable to flood or high water events capable of compromising
162 the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters
163 of the state.
164 (3) Any authorization issued by the Division of Wildlife Resources under Subsection
165 (2) shall be in the form of a certificate of registration.
166 Section 7. Section 4-37-201 is amended to read:
167 4-37-201. Certificate of registration required to operate an aquaculture facility.
168 (1) A person may not operate an aquaculture facility without first obtaining a certificate
169 of registration from the department.
170 (2) (a) Each application for a certificate of registration to operate an aquaculture
171 facility shall be accompanied by a fee.
172 (b) The fee shall be established by the department in accordance with Section
174 (3) The department shall coordinate with the Division of Wildlife Resources:
175 (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
176 aquatic [
177 (b) in determining which species the holder of the certificate of registration may
178 propagate, possess, transport, or sell.
179 (4) The department shall list on the certificate of registration the species which the
180 holder may propagate, possess, transport, or sell.
181 Section 8. Section 4-37-203 is amended to read:
182 4-37-203. Transportation of aquatic animals to or from aquaculture facilities.
183 (1) Any person holding a certificate of registration for an aquaculture facility may
184 transport the live aquatic animals specified on the certificate of registration to the facility or to
185 any person who has been issued a certificate of registration or who is otherwise authorized by
186 law to possess those aquatic animals.
187 (2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility
188 within the state shall be accompanied by documentation of the source and destination of the
189 fish, including:
190 (a) name, address, certificate of registration number and health approval number of the
192 (b) number and weight being shipped, by species; [
193 (c) [
194 (d) address of the destination[
195 (e) (i) certificate of registration number of the receiving facility; or
196 (ii) location of the private fish pond or short-term fishing event when authorized to
197 receive the aquatic animal without a certificate of registration under Division of Wildlife
198 Resources rules.
199 Section 9. Section 4-37-204 is amended to read:
200 4-37-204. Sale of aquatic animals from aquaculture facilities.
201 (1) (a) Except as provided by Subsection (1)(b), a person holding a certificate of
202 registration for an aquaculture facility may take an aquatic animal as approved on the certificate
203 of registration from the facility at any time and offer the aquatic animal for sale; however, live
204 aquatic animals may be sold within Utah only to a person who:
205 (i) has been issued a certificate of registration to possess the aquatic animal[
206 (ii) is eligible to receive the aquatic animal without a certificate of registration under
207 Division of Wildlife Resources rules.
208 (b) A person who owns or operates an aquaculture facility may stock a live [
210 (i) obtains a health approval number for the aquaculture facility;
211 (ii) provides the [
212 Division of Wildlife Resources that summarizes the statutes and rules related to a private fish
213 pond or short-term fishing event and the possession of [
214 (iii) inspects the [
215 pond or facility is in compliance with Subsections 23-15-10(2) and (3)(c); and
216 (iv) stocks the species, strain, and reproductive capability of [
217 authorized by the Wildlife Board in accordance with Section 23-15-10 for stocking in the area
218 where the [
219 (2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
220 facility shall be accompanied by the seller's receipt that contains the following information:
221 (a) date of transaction;
222 (b) name, address, certificate of registration number, health approval number, and
223 signature of seller;
224 (c) number and weight of aquatic animal by:
225 (i) species;
226 (ii) strain; and
227 (iii) reproductive capability; and
228 (d) name and address of the receiver.
229 (3) (a) A person holding a certificate of registration for an aquaculture facility shall
230 submit to the department an annual report of each sale of live aquatic animals or each transfer
231 of live aquatic animals to:
232 (i) another aquaculture facility; or
233 (ii) a fee fishing facility.
234 (b) The report shall contain the following information:
235 (i) name, address, and certificate of registration number of the seller or supplier;
236 (ii) number and weight by species;
237 (iii) date of sale or transfer; and
238 (iv) name, address, phone number, and certificate of registration number of the
240 (4) (a) A person who owns or operates an aquaculture facility shall submit to the
241 Division of Wildlife Resources an annual report of each sale or transfer of a live [
243 (b) The report shall contain:
244 (i) the name, address, and health approval number of the person;
245 (ii) the name, address, and phone number of the private fish pond's owner or short-term
246 fishing event's operator;
247 (iii) the number and weight of [
248 (A) species;
249 (B) strain; and
250 (C) reproductive capability;
251 (iv) date of sale or transfer;
252 (v) the location of the private fish pond's [
253 holding facility; and
254 (vi) verification that the private fish pond or short-term fishing event's holding facility
255 was inspected and is in compliance with Subsections 23-15-10(2) and (3)(c).
256 (5) The reports required by Subsections (3) and (4) shall be submitted before:
257 (a) a certificate of registration is renewed or a subsequent certificate of registration is
258 issued for an aquaculture facility in the state; or
259 (b) a health approval number is issued for an out-of-state source.
260 Section 10. Section 4-37-301 is amended to read:
261 4-37-301. Certificate of registration required to operate a fee fishing facility.
262 (1) A person may not operate a fee fishing facility without first obtaining a certificate
263 of registration from the department.
264 (2) (a) Each application for a certificate of registration to operate a fee fishing facility
265 shall be accompanied by a fee.
266 (b) The fee shall be established by the department in accordance with Section
268 (3) The department shall coordinate with the Division of Wildlife Resources:
269 (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
270 aquatic [
271 (b) in determining which species the holder of the certificate of registration may
272 possess or transport to or stock into the facility.
273 (4) The department shall list on the certificate of registration the species which the
274 holder may possess or transport to or stock into the facility.
275 (5) A person holding a certificate of registration for an aquaculture facility may also
276 operate a fee fishing facility without obtaining an additional certificate of registration, if the fee
277 fishing facility:
278 (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected
279 with the aquaculture facility;
280 (b) contains only those aquatic animals specified on the certificate of registration for
281 the aquaculture facility; and
282 (c) is designated on the certificate of registration for the aquaculture facility.
283 Section 11. Section 23-13-2 is amended to read:
284 23-13-2. Definitions.
285 As used in this title:
286 (1) "Activity regulated under this title" means any act, attempted act, or activity
287 prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or
288 the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
289 (a) fishing;
290 (b) hunting;
291 (c) trapping;
292 (d) taking;
293 (e) permitting any dog, falcon, or other domesticated animal to take;
294 (f) transporting;
295 (g) possessing;
296 (h) selling;
297 (i) wasting;
298 (j) importing;
299 (k) exporting;
300 (l) rearing;
301 (m) keeping;
302 (n) utilizing as a commercial venture; and
303 (o) releasing to the wild.
305 is defined in Section 4-37-103.
307 defined in Section 4-37-103.
309 insects, or amphibians.
310 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
311 that one person may legally take during one day.
312 (6) "Big game" means species of hoofed protected wildlife.
313 (7) "Carcass" means the dead body of an animal or its parts.
314 (8) "Certificate of registration" means a document issued under this title, or any rule or
315 proclamation of the Wildlife Board granting authority to engage in activities not covered by a
316 license, permit, or tag.
317 (9) "Closed season" means the period of time during which the taking of protected
318 wildlife is prohibited.
319 (10) "Conservation officer" means a full-time, permanent employee of the Division of
320 Wildlife Resources who is POST certified as a peace or a special function officer.
321 (11) "Dedicated hunter program" means a program that provides:
322 (a) expanded hunting opportunities;
323 (b) opportunities to participate in projects that are beneficial to wildlife; and
324 (c) education in hunter ethics and wildlife management principles.
325 (12) "Division" means the Division of Wildlife Resources.
326 (13) (a) "Domicile" means the place:
327 (i) where an individual has a fixed permanent home and principal establishment;
328 (ii) to which the individual if absent, intends to return; and
329 (iii) in which the individual, and the individual's family voluntarily reside, not for a
330 special or temporary purpose, but with the intention of making a permanent home.
331 (b) To create a new domicile an individual shall:
332 (i) abandon the old domicile; and
333 (ii) be able to prove that a new domicile has been established.
334 (14) "Endangered" means wildlife designated as endangered according to Section 3 of
335 the federal Endangered Species Act of 1973.
336 (15) "Fee fishing facility" [
337 defined in Section 4-37-103.
338 (16) "Feral" means an animal that is normally domesticated but has reverted to the
340 (17) "Fishing" means to take fish or crayfish by any means.
341 (18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
342 Castoridae families, except coyote and cougar.
343 (19) "Game" means wildlife normally pursued, caught, or taken by sporting means for
344 human use.
345 (20) "Guide" means a person who receives compensation or advertises services for
346 assisting another person to take protected wildlife, including the provision of food, shelter, or
347 transportation, or any combination of these.
348 (21) "Guide's agent" means a person who is employed by a guide to assist another
349 person to take protected wildlife.
350 (22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
352 (23) "Intimidate or harass" means to physically interfere with or impede, hinder, or
353 diminish the efforts of an officer in the performance of the officer's duty.
354 (24) (a) "Natural flowing stream" means a topographic low where water collects and
355 perennially or intermittently flows with a perceptible current in a channel formed exclusively
356 by forces of nature.
357 (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
358 (i) realigned or modified channel that replaces the historic, natural flowing stream
359 channel; and
360 (ii) dredged natural flowing stream channel.
361 (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
362 other water delivery system that diverts and conveys water to an approved place of use
363 pursuant to a certificated water right.
364 (25) (a) "Natural lake" means a perennial or intermittent body of water that collects on
365 the surface of the earth exclusively through the forces of nature and without human assistance.
366 (b) "Natural lake" does not mean a lake where all surface water sources supplying the
367 body of water originate from groundwater springs no more than 100 yards upstream.
370 may be legally taken.
374 engage in specified activities under this title or a rule or proclamation of the Wildlife Board.
376 corporation, or an agent of the foregoing.
379 legally possess.
381 including a fish culture system, located on privately owned land where privately owned[
383 (i) are propagated or kept for a private noncommercial purpose[
384 (ii) may be taken without a fishing license.
385 (b) "Private fish pond" does not include an aquaculture facility [
387 (34) (a) "Private stocking" means an authorized release of privately owned, live fish in
388 the waters of the state not eligible as a private fish pond under Section 23-15-10 or aquaculture
389 facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act.
390 (b) Fish released under private stocking become the property of the state and subject to
391 the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
394 birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
395 (a) commingling with wild birds or furbearers; and
396 (b) escaping into the wild.
398 or pertinent information as it relates to wildlife.
400 Subsection (3), except as provided in Subsection [
401 (b) "Protected aquatic wildlife" does not include aquatic insects.
403 except as provided in Subsection [
404 (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel,
405 jack rabbit, muskrat, and raccoon.
407 (40) (a) "Reservoir constructed on a natural stream channel" means a body of water
408 collected and stored on the course of a natural flowing stream by impounding the stream
409 through excavation or diking.
410 (b) "Reservoir constructed on a natural stream channel" does not mean an
411 impoundment on a natural flowing stream where all surface water sources supplying the
412 impoundment originate from groundwater springs no more than 100 yards upstream.
414 (i) has been domiciled in the state for six consecutive months immediately preceding
415 the purchase of a license; and
416 (ii) does not claim residency for hunting, fishing, or trapping in any other state or
418 (b) A Utah resident retains Utah residency if that person leaves this state:
419 (i) to serve in the armed forces of the United States or for religious or educational
420 purposes; and
421 (ii) the person complies with Subsection [
422 (c) (i) A member of the armed forces of the United States and dependents are residents
423 for the purposes of this chapter as of the date the member reports for duty under assigned
424 orders in the state if the member:
425 (A) is not on temporary duty in this state; and
426 (B) complies with Subsection [
427 (ii) A copy of the assignment orders shall be presented to a wildlife division office to
428 verify the member's qualification as a resident.
429 (d) A nonresident attending an institution of higher learning in this state as a full-time
430 student may qualify as a resident for purposes of this chapter if the student:
431 (i) has been present in this state for 60 consecutive days immediately preceding the
432 purchase of the license; and
433 (ii) complies with Subsection [
434 (e) A Utah resident license is invalid if a resident license for hunting, fishing, or
435 trapping is purchased in any other state or country.
436 (f) An absentee landowner paying property tax on land in Utah does not qualify as a
439 act of selling, bartering, exchanging, or trading.
440 (43) (a) "Short-term fishing event" means any event where privately acquired fish are
441 held or confined for a period not to exceed ten days for the purpose of providing fishing or
442 recreational opportunity and where no fee is charged as a requirement to fish.
443 (b) A fishing license is not required to take fish at a short-term fishing event.
445 (a) commonly pursued for sporting purposes; and
446 (b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey,
447 cougar, and bear.
449 for human consumption.
451 headlight, or other artificial light on any highway or in any field, woodland, or forest while
452 having in possession a weapon by which protected wildlife may be killed.
454 attachment to the carcass of protected wildlife.
456 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
457 wildlife; or
458 (b) attempt any action referred to in Subsection [
460 federal Endangered Species Act of 1973.
463 (a) deer - a buck with an outside antler measurement of 24 inches or greater;
464 (b) elk - a bull with six points on at least one side;
465 (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
466 (d) moose - a bull with at least one antler exceeding five inches in length;
467 (e) mountain goat - a male or female;
468 (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
469 (g) bison - a bull.
471 to spoil or to be used in a manner not normally associated with its beneficial use.
473 waters within this state that:
474 (a) exceeds state water quality standards; or
475 (b) could be harmful to protected wildlife.
477 (a) crustaceans, including brine shrimp and crayfish;
478 (b) mollusks; and
479 (c) vertebrate animals living in nature, except feral animals.
480 Section 12. Section 23-14-2.8 is enacted to read:
481 23-14-2.8. Private Aquaculture Advisory Council.
482 (1) The executive director of the department may establish a Private Aquaculture
483 Advisory Council to give advice and make recommendations to the:
484 (a) commissioner of the Department of Agriculture and Food on rules adopted under
485 Subsection 4-37-109(1); and
486 (b) Wildlife Board on rules adopted concerning the regulation of:
487 (i) private fish ponds;
488 (ii) private stocking;
489 (iii) short-term fishing events; and
490 (iv) aquatic animal species authorized for importation or use in aquaculture facilities,
491 fee fishing facilities, private fish ponds, short-term fishing events, and private stocking.
492 (2) The advisory council shall consist of 10 members appointed to four-year terms by
493 the Ĥ→ governor, in consultation with the ←Ĥ executive director of the department, Ĥ→ [
494 Department of Agriculture and Food Ĥ→ , ←Ĥ and the director of the division, as follows:
495 (a) two members representing the division selected from four or more names submitted
496 by the director of the division;
497 (b) two members representing the Department of Agriculture and Food selected from
498 four or more names submitted by the commissioner of the Department of Agriculture and
500 (c) one member representing angling interests selected from two or more names
501 submitted by a nonprofit corporation that promotes sport fishing;
502 (d) two members representing the private aquaculture industry selected from four or
503 more names submitted by a nonprofit corporation that promotes the aquaculture industry; and
504 (e) three members representing private ponds or fee fishing facilities selected from six
505 or more names submitted by a nonprofit corporation that promotes the aquaculture industry.
506 (3) Notwithstanding the requirements of Subsection (2), the Ĥ→ [
506a governor ←Ĥ shall, at
507 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
508 advisory council members are staggered so that approximately half of the advisory council is
509 appointed every two years.
510 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
511 appointed for the unexpired term.
512 (5) (a) Six members of the advisory council shall constitute a quorum.
513 (b) A quorum is necessary for the advisory council to act.
514 (c) Advisory council recommendations to the commissioner and Wildlife Board
515 pursuant to Subsection (1) shall be supported by majority vote.
516 (d) The advisory council shall elect a chair and vice chair from the advisory council's
518 (e) The advisory council shall determine:
519 (i) the time and place of meetings, not to exceed four meetings per calendar year; and
520 (ii) other procedural matters not specified in this Subsection (5).
521 (6) A member may not receive compensation or benefits for the member's service, but
522 may receive per diem and travel expenses in accordance with:
523 (a) Section 63A-3-106;
524 (b) Section 63A-3-107; and
525 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
526a Ŝ→ [
526b Environment Interim Committee by no later than November 30 of each year. ←Ĥ
527 Section 13. Section 23-14-3 is amended to read:
528 23-14-3. Powers of division to determine facts -- Policymaking powers of Wildlife
530 (1) The Division of Wildlife Resources may determine the facts relevant to the wildlife
531 resources of this state.
532 (2) (a) Upon a determination of these facts, the Wildlife Board shall establish the
533 policies best designed to accomplish the purposes and fulfill the intent of all laws pertaining to
534 wildlife and the preservation, protection, conservation, perpetuation, introduction, and
535 management of wildlife.
536 (b) In establishing policy, the Wildlife Board shall:
537 (i) recognize that wildlife and its habitat are an essential part of a healthy, productive
539 (ii) recognize the impact of wildlife on man, his economic activities, private property
540 rights, and local economies;
541 (iii) seek to balance the habitat requirements of wildlife with the social and economic
542 activities of man;
543 (iv) recognize the social and economic values of wildlife, including fishing, hunting,
544 and other uses; and
545 (v) seek to maintain wildlife on a sustainable basis.
546 (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
547 councils established in Section 23-14-2.6 and the Private Aquaculture Advisory Council
548 established in Section 23-14-2.8.
549 (ii) If a regional advisory council or the Private Aquaculture Advisory Council
550 recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the
551 recommendation, the Wildlife Board shall provide a written explanation to the [
552 advisory council recommending the opposing position.
553 (3) No authority conferred upon the Wildlife Board by this title shall supersede the
554 administrative authority of the executive director of the Department of Natural Resources or
555 the director of the Division of Wildlife Resources.
556 Section 14. Section 23-15-10 is amended to read:
557 23-15-10. Private fish pond.
558 (1) A private fish pond is not required to obtain a certificate of registration from the
559 division to receive [
560 (a) the pond is properly screened as provided in Subsection (3)(c); and
561 (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
563 (2) (a) [
564 fishing event may not be developed or held on:
568 (b) The division may authorize a private fish pond on a natural lake or reservoir
569 constructed on a natural stream channel upon inspecting and determining:
570 (i) the pond and inlet source of the pond neither contain wild game fish nor are likely
571 to support such species in the future;
572 (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
573 wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
574 (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
575 compliance with the requirements of this title, rules of the Wildlife Board, and applicable law;
577 (iv) the pond is not vulnerable to flood or high water events capable of compromising
578 the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
580 (c) Any authorization issued by the division under Subsection (2)(b) shall be in the
581 form of a certificate of registration.
582 (3) A person who owns or operates a private fish pond may receive [
583 a fish from an aquaculture facility if:
584 (a) the aquaculture facility has a health approval number required by Section 4-37-501;
585 (b) the species, strain, and reproductive capability of the [
586 authorized by the Wildlife Board in accordance with Subsection (4) for stocking in the area
587 where the private fish pond is located;
588 (c) the private fish pond is screened in accordance with the Wildlife Board's rule to
589 prevent [
590 (d) the [
591 (i) released from the private fish pond; or
592 (ii) transported live to another location; and
593 (e) the person provides the aquaculture facility with a signed statement that the private
594 fish pond is in compliance with this section.
595 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
596 Wildlife Board may make rules that:
597 (a) specify the screen requirements to prevent the movement of [
598 fish into or out of the private fish pond;
599 (b) specify the [
600 pond located in the state; [
601 (c) establish a location or region where a specified species, strain, and reproductive
602 capability of [
603 (d) specify procedures and requirements for authorizing development of a private fish
604 pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
605 reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
606 (5) The division may inspect a private fish pond to verify compliance with this section
607 and rules of the Wildlife Board.