1     
AQUACULTURE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: D. Gregg Buxton

6     

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
16     rules;
17          ▸     modifies the documentation requirements for a transfer or shipment of live aquatic
18     animals;
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:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
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
45     ENACTS:
46          23-14-2.8, Utah Code Annotated 1953
47     

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
56     facility.
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
66     23-13-2.
67          (6) "Natural lake" means the same as that term is defined in Section 23-13-2.
68          [(5) (a)] (7) "Private fish pond" means [a body of water where privately owned fish are
69     propagated or kept for a noncommercial purpose] the same as that term is defined in Section
70     23-13-2.
71          [(b) "Private fish pond" does not include any aquaculture facility or fee fishing
72     facility.]
73          [(6)] (8) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream
74     reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S.
75     Fish and Wildlife Service, a mosquito abatement district, or an institution of higher education.
76          [(7)] (9) "Public fishery resource" means fish produced in public aquaculture facilities
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
81     23-13-2.
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[:] enforcing laws and rules made by the Wildlife
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 and the
87     promotion of the state's aquaculture industry.
88          [(a) the marketing and promotion of the state's aquaculture industry; and]
89          [(b) enforcing laws and rules made by the Wildlife Board governing species of aquatic
90     animals which may be imported into the state or possessed or transported within the state that
91     are applicable to aquaculture or fee fishing facilities.]
92          (2) Subject to the policies and rules of the Fish Health Policy Board, the department
93     shall:
94          (a) act to prevent the outbreak and act to control the spread of disease-causing
95     pathogens among aquatic animals in aquaculture and fee fishing facilities; and
96          (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
97     be deposited in, or harvested from aquaculture or fee fishing facilities to wild aquatic [wildlife]
98     animals, other animals, and humans.
99          Section 3. Section 4-37-105 is amended to read:
100          4-37-105. Responsibilities of Wildlife Board and Division of Wildlife Resources.
101          (1) The Wildlife Board and Division of Wildlife Resources are responsible for
102     determining the species of aquatic animals which may be imported into, possessed, and
103     transported within the state.
104          (2) Subject to the policies and rules of the Fish Health Policy Board, the Wildlife
105     Board and the Division of Wildlife Resources shall:
106          (a) act to prevent the outbreak and act to control the spread of disease-causing
107     pathogens among aquatic animals in public aquaculture facilities; and
108          (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
109     be deposited in, or harvested from public aquaculture facilities and private ponds to wild
110     aquatic [wildlife] animals, other animals, and humans.
111          Section 4. Section 4-37-108 is amended to read:
112          4-37-108. Prohibited activities.
113          (1) Except as provided in this chapter, in the rules of the department made pursuant to
114     Section 4-37-109, rules of the Fish Health Policy Board made pursuant to Section 4-37-503, or
115     in the rules of the Wildlife Board governing species of aquatic animals which may be imported
116     into, possessed, [or] transported, or released within the state, a person may not:
117          (a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee
118     fishing facility;
119          (b) transport aquatic animals to or from an aquaculture or fee fishing facility;
120          (c) stock or propagate aquatic animals in an aquaculture or fee fishing facility; [or]
121          (d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing
122     facility[.]; or
123          (e) release aquatic animals into the waters of the state.
124          (2) If a person commits an act in violation of Subsection (1) and that same act
125     constitutes wanton destruction of protected wildlife as provided in Section 23-20-4, the person
126     is guilty of a violation of Section 23-20-4.
127          Section 5. Section 4-37-109 is amended to read:
128          4-37-109. Department to make rules.
129          (1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
130     Administrative Rulemaking Act:
131          (a) specifying procedures for the application and renewal of certificates of registration
132     for operating an aquaculture or fee fishing facility; and
133          (b) governing the disposal or removal of aquatic animals from an aquaculture or fee
134     fishing facility for which the certificate of registration has lapsed or been revoked.
135          (2) (a) The department may make other rules consistent with its responsibilities set
136     forth in Section 4-37-104.
137          (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
138     be consistent with the suggested procedures for the detection and identification of pathogens
139     published by the American Fisheries Society's Fish Health Section.
140          (3) (a) The department shall consider the recommendations of the Private Aquaculture
141     Advisory Council established in Section 23-14-2.8 when adopting rules under Subsection (1).
142          (b) If the Private Aquaculture Advisory Council recommends a position or action to the
143     department pursuant to Section 23-14-2.8 and the department rejects the recommendation, the
144     department shall provide a written explanation to the council.
145          Section 6. Section 4-37-111 is amended to read:
146          4-37-111. Prohibited sites.
147          [Aquaculture and fee fishing facilities] (1) Except as provided in Subsection (2), an
148     aquaculture facility or a fee fishing facility may not be developed on:
149          [(1)] (a) a natural [lakes] lake;
150          [(2)] (b) a natural flowing [streams] stream; or
151          [(3) reservoirs] (c) a reservoir constructed on a natural stream [channels] channel.
152          (2) The Division of Wildlife Resources may authorize an aquaculture facility, public
153     aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural
154     stream channel upon inspecting and determining:
155          (a) the facility and inlet source of the facility neither contain wild game fish nor are
156     likely to support such species in the future;
157          (b) the facility and the facility's intended use will not jeopardize conservation of
158     aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife;
159          (c) the facility is properly screened as provided in Subsection 23-15-10(3)(c) and
160     otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and
161     applicable law; and
162          (d) the facility is not vulnerable to flood or high water events capable of compromising
163     the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters
164     of the state.
165          (3) Any authorization issued by the Division of Wildlife Resources under Subsection
166     (2) shall be in the form of a certificate of registration.
167          Section 7. Section 4-37-201 is amended to read:
168          4-37-201. Certificate of registration required to operate an aquaculture facility.
169          (1) A person may not operate an aquaculture facility without first obtaining a certificate
170     of registration from the department.
171          (2) (a) Each application for a certificate of registration to operate an aquaculture
172     facility shall be accompanied by a fee.
173          (b) The fee shall be established by the department in accordance with Section
174     63J-1-504.
175          (3) The department shall coordinate with the Division of Wildlife Resources:
176          (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
177     aquatic [wildlife] animal populations; and
178          (b) in determining which species the holder of the certificate of registration may
179     propagate, possess, transport, or sell.
180          (4) The department shall list on the certificate of registration the species which the
181     holder may propagate, possess, transport, or sell.
182          Section 8. Section 4-37-203 is amended to read:
183          4-37-203. Transportation of aquatic animals to or from aquaculture facilities.
184          (1) Any person holding a certificate of registration for an aquaculture facility may
185     transport the live aquatic animals specified on the certificate of registration to the facility or to
186     any person who has been issued a certificate of registration or who is otherwise authorized by
187     law to possess those aquatic animals.
188          (2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility
189     within the state shall be accompanied by documentation of the source and destination of the
190     fish, including:
191          (a) name, address, certificate of registration number and health approval number of the
192     source;
193          (b) number and weight being shipped, by species; [and]
194          (c) [name, address, and certificate of registration number] name of the recipient;
195          (d) address of the destination[.]; and
196          (e) (i) certificate of registration number of the receiving facility; or
197          (ii) location of the private fish pond or short-term fishing event when authorized to
198     receive the aquatic animal without a certificate of registration under Division of Wildlife
199     Resources rules.
200          Section 9. Section 4-37-204 is amended to read:
201          4-37-204. Sale of aquatic animals from aquaculture facilities.
202          (1) (a) Except as provided by Subsection (1)(b), a person holding a certificate of
203     registration for an aquaculture facility may take an aquatic animal as approved on the certificate
204     of registration from the facility at any time and offer the aquatic animal for sale; however, live
205     aquatic animals may be sold within Utah only to a person who:
206          (i) has been issued a certificate of registration to possess the aquatic animal[.]; or
207          (ii) is eligible to receive the aquatic animal without a certificate of registration under
208     Division of Wildlife Resources rules.
209          (b) A person who owns or operates an aquaculture facility may stock a live [aquatic
210     animal] fish in a private fish pond or at a short-term fishing event if the person:
211          (i) obtains a health approval number for the aquaculture facility;
212          (ii) provides the [private fish pond's owner] buyer with a brochure published by the
213     Division of Wildlife Resources that summarizes the statutes and rules related to a private fish
214     pond or short-term fishing event and the possession of [an aquatic animal] fish;
215          (iii) inspects the [private fish] pond or holding facility to verify that the [private fish]
216     pond or facility is in compliance with Subsections 23-15-10(2) and (3)(c); and
217          (iv) stocks the species, strain, and reproductive capability of [aquatic animal] fish
218     authorized by the Wildlife Board in accordance with Section 23-15-10 for stocking in the area
219     where the [private fish] pond or holding facility is located.
220          (2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
221     facility shall be accompanied by the seller's receipt that contains the following information:
222          (a) date of transaction;
223          (b) name, address, certificate of registration number, health approval number, and
224     signature of seller;
225          (c) number and weight of aquatic animal by:
226          (i) species;
227          (ii) strain; and
228          (iii) reproductive capability; and
229          (d) name and address of the receiver.
230          (3) (a) A person holding a certificate of registration for an aquaculture facility shall
231     submit to the department an annual report of each sale of live aquatic animals or each transfer
232     of live aquatic animals to:
233          (i) another aquaculture facility; or
234          (ii) a fee fishing facility.
235          (b) The report shall contain the following information:
236          (i) name, address, and certificate of registration number of the seller or supplier;
237          (ii) number and weight by species;
238          (iii) date of sale or transfer; and
239          (iv) name, address, phone number, and certificate of registration number of the
240     receiver.
241          (4) (a) A person who owns or operates an aquaculture facility shall submit to the
242     Division of Wildlife Resources an annual report of each sale or transfer of a live [aquatic
243     animal] fish to a private fish pond or short-term fishing event.
244          (b) The report shall contain:
245          (i) the name, address, and health approval number of the person;
246          (ii) the name, address, and phone number of the private fish pond's owner or short-term
247     fishing event's operator;
248          (iii) the number and weight of [aquatic animal] fish by:
249          (A) species;
250          (B) strain; and
251          (C) reproductive capability;
252          (iv) date of sale or transfer;
253          (v) the location of the private fish pond's [location] or short-term fishing event's
254     holding facility; and
255          (vi) verification that the private fish pond or short-term fishing event's holding facility
256     was inspected and is in compliance with Subsections 23-15-10(2) and (3)(c).
257          (5) The reports required by Subsections (3) and (4) shall be submitted before:
258          (a) a certificate of registration is renewed or a subsequent certificate of registration is
259     issued for an aquaculture facility in the state; or
260          (b) a health approval number is issued for an out-of-state source.
261          Section 10. Section 4-37-301 is amended to read:
262          4-37-301. Certificate of registration required to operate a fee fishing facility.
263          (1) A person may not operate a fee fishing facility without first obtaining a certificate
264     of registration from the department.
265          (2) (a) Each application for a certificate of registration to operate a fee fishing facility
266     shall be accompanied by a fee.
267          (b) The fee shall be established by the department in accordance with Section
268     63J-1-504.
269          (3) The department shall coordinate with the Division of Wildlife Resources:
270          (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
271     aquatic [wildlife] animal populations; and
272          (b) in determining which species the holder of the certificate of registration may
273     possess or transport to or stock into the facility.
274          (4) The department shall list on the certificate of registration the species which the
275     holder may possess or transport to or stock into the facility.
276          (5) A person holding a certificate of registration for an aquaculture facility may also
277     operate a fee fishing facility without obtaining an additional certificate of registration, if the fee
278     fishing facility:
279          (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected
280     with the aquaculture facility;
281          (b) contains only those aquatic animals specified on the certificate of registration for
282     the aquaculture facility; and
283          (c) is designated on the certificate of registration for the aquaculture facility.
284          Section 11. Section 23-13-2 is amended to read:
285          23-13-2. Definitions.
286          As used in this title:
287          (1) "Activity regulated under this title" means any act, attempted act, or activity
288     prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or
289     the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
290          (a) fishing;
291          (b) hunting;
292          (c) trapping;
293          (d) taking;
294          (e) permitting any dog, falcon, or other domesticated animal to take;
295          (f) transporting;
296          (g) possessing;
297          (h) selling;
298          (i) wasting;
299          (j) importing;
300          (k) exporting;
301          (l) rearing;
302          (m) keeping;
303          (n) utilizing as a commercial venture; and
304          (o) releasing to the wild.
305          [(4)] (2) "Aquaculture facility" [has the meaning provided] means the same as that term
306     is defined in Section 4-37-103.
307          [(2)] (3) "Aquatic animal" [has the meaning provided] means the same as that term is
308     defined in Section 4-37-103.
309          [(3)] (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic
310     insects, or amphibians.
311          (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
312     that one person may legally take during one day.
313          (6) "Big game" means species of hoofed protected wildlife.
314          (7) "Carcass" means the dead body of an animal or its parts.
315          (8) "Certificate of registration" means a document issued under this title, or any rule or
316     proclamation of the Wildlife Board granting authority to engage in activities not covered by a
317     license, permit, or tag.
318          (9) "Closed season" means the period of time during which the taking of protected
319     wildlife is prohibited.
320          (10) "Conservation officer" means a full-time, permanent employee of the Division of
321     Wildlife Resources who is POST certified as a peace or a special function officer.
322          (11) "Dedicated hunter program" means a program that provides:
323          (a) expanded hunting opportunities;
324          (b) opportunities to participate in projects that are beneficial to wildlife; and
325          (c) education in hunter ethics and wildlife management principles.
326          (12) "Division" means the Division of Wildlife Resources.
327          (13) (a) "Domicile" means the place:
328          (i) where an individual has a fixed permanent home and principal establishment;
329          (ii) to which the individual if absent, intends to return; and
330          (iii) in which the individual, and the individual's family voluntarily reside, not for a
331     special or temporary purpose, but with the intention of making a permanent home.
332          (b) To create a new domicile an individual shall:
333          (i) abandon the old domicile; and
334          (ii) be able to prove that a new domicile has been established.
335          (14) "Endangered" means wildlife designated as endangered according to Section 3 of
336     the federal Endangered Species Act of 1973.
337          (15) "Fee fishing facility" [has the meaning provided] means the same as that term is
338     defined in Section 4-37-103.
339          (16) "Feral" means an animal that is normally domesticated but has reverted to the
340     wild.
341          (17) "Fishing" means to take fish or crayfish by any means.
342          (18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
343     Castoridae families, except coyote and cougar.
344          (19) "Game" means wildlife normally pursued, caught, or taken by sporting means for
345     human use.
346          (20) "Guide" means a person who receives compensation or advertises services for
347     assisting another person to take protected wildlife, including the provision of food, shelter, or
348     transportation, or any combination of these.
349          (21) "Guide's agent" means a person who is employed by a guide to assist another
350     person to take protected wildlife.
351          (22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
352     means.
353          (23) "Intimidate or harass" means to physically interfere with or impede, hinder, or
354     diminish the efforts of an officer in the performance of the officer's duty.
355          (24) (a) "Natural flowing stream" means a topographic low where water collects and
356     perennially or intermittently flows with a perceptible current in a channel formed exclusively
357     by forces of nature.
358          (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
359          (i) realigned or modified channel that replaces the historic, natural flowing stream
360     channel; and
361          (ii) dredged natural flowing stream channel.
362          (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
363     other water delivery system that diverts and conveys water to an approved place of use
364     pursuant to a certificated water right.
365          (25) (a) "Natural lake" means a perennial or intermittent body of water that collects on
366     the surface of the earth exclusively through the forces of nature and without human assistance.
367          (b) "Natural lake" does not mean a lake where all surface water sources supplying the
368     body of water originate from groundwater springs no more than 100 yards upstream.
369          [(24)] (26) "Nonresident" means a person who does not qualify as a resident.
370          [(25)] (27) "Open season" means the period of time during which protected wildlife
371     may be legally taken.
372          [(26)] (28) "Pecuniary gain" means the acquisition of money or something of monetary
373     value.
374          [(27)] (29) "Permit" means a document, including a stamp, that grants authority to
375     engage in specified activities under this title or a rule or proclamation of the Wildlife Board.
376          [(28)] (30) "Person" means an individual, association, partnership, government agency,
377     corporation, or an agent of the foregoing.
378          [(29)] (31) "Possession" means actual or constructive possession.
379          [(30)] (32) "Possession limit" means the number of bag limits one individual may
380     legally possess.
381          [(31)] (33) (a) "Private fish pond" means a pond, reservoir, or other body of water,
382     including a fish culture system, located on privately owned land where privately owned[,
383     protected aquatic wildlife] fish:
384          (i) are propagated or kept for a private noncommercial purpose[.]; and
385          (ii) may be taken without a fishing license.
386          (b) "Private fish pond" does not include an aquaculture facility [or], fee fishing
387     facility[.], short-term fishing event, or private stocking.
388          (34) (a) "Private stocking" means an authorized release of privately owned, live fish in
389     the waters of the state not eligible as a private fish pond under Section 23-15-10 or aquaculture
390     facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act.
391          (b) Fish released under private stocking become the property of the state and subject to
392     the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
393     Board.
394          [(32)] (35) "Private wildlife farm" means an enclosed place where privately owned
395     birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
396          (a) commingling with wild birds or furbearers; and
397          (b) escaping into the wild.
398          [(33)] (36) "Proclamation" means the publication used to convey a statute, rule, policy,
399     or pertinent information as it relates to wildlife.
400          [(34)] (37) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in
401     Subsection (3), except as provided in Subsection [(34)] (37)(b).
402          (b) "Protected aquatic wildlife" does not include aquatic insects.
403          [(35)] (38) (a) "Protected wildlife" means wildlife as defined in Subsection [(49)] (54),
404     except as provided in Subsection [(35)] (38)(b).
405          (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel,
406     jack rabbit, muskrat, and raccoon.
407          [(36)] (39) "Released to the wild" means to be turned loose from confinement.
408          (40) (a) "Reservoir constructed on a natural stream channel" means a body of water
409     collected and stored on the course of a natural flowing stream by impounding the stream
410     through excavation or diking.
411          (b) "Reservoir constructed on a natural stream channel" does not mean an
412     impoundment on a natural flowing stream where all surface water sources supplying the
413     impoundment originate from groundwater springs no more than 100 yards upstream.
414          [(37)] (41) (a) "Resident" means a person who:
415          (i) has been domiciled in the state for six consecutive months immediately preceding
416     the purchase of a license; and
417          (ii) does not claim residency for hunting, fishing, or trapping in any other state or
418     country.
419          (b) A Utah resident retains Utah residency if that person leaves this state:
420          (i) to serve in the armed forces of the United States or for religious or educational
421     purposes; and
422          (ii) the person complies with Subsection [(37)] (41)(a)(ii).
423          (c) (i) A member of the armed forces of the United States and dependents are residents
424     for the purposes of this chapter as of the date the member reports for duty under assigned
425     orders in the state if the member:
426          (A) is not on temporary duty in this state; and
427          (B) complies with Subsection [(37)] (41)(a)(ii).
428          (ii) A copy of the assignment orders shall be presented to a wildlife division office to
429     verify the member's qualification as a resident.
430          (d) A nonresident attending an institution of higher learning in this state as a full-time
431     student may qualify as a resident for purposes of this chapter if the student:
432          (i) has been present in this state for 60 consecutive days immediately preceding the
433     purchase of the license; and
434          (ii) complies with Subsection [(37)] (41)(a)(ii).
435          (e) A Utah resident license is invalid if a resident license for hunting, fishing, or
436     trapping is purchased in any other state or country.
437          (f) An absentee landowner paying property tax on land in Utah does not qualify as a
438     resident.
439          [(38)] (42) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the
440     act of selling, bartering, exchanging, or trading.
441          (43) (a) "Short-term fishing event" means any event where privately acquired fish are
442     held or confined for a period not to exceed 10 days for the purpose of providing fishing or
443     recreational opportunity and where no fee is charged as a requirement to fish.
444          (b) A fishing license is not required to take fish at a short-term fishing event.
445          [(39)] (44) "Small game" means species of protected wildlife:
446          (a) commonly pursued for sporting purposes; and
447          (b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey,
448     cougar, and bear.
449          [(40)] (45) "Spoiled" means impairment of the flesh of wildlife which renders it unfit
450     for human consumption.
451          [(41)] (46) "Spotlighting" means throwing or casting the rays of any spotlight,
452     headlight, or other artificial light on any highway or in any field, woodland, or forest while
453     having in possession a weapon by which protected wildlife may be killed.
454          [(42)] (47) "Tag" means a card, label, or other identification device issued for
455     attachment to the carcass of protected wildlife.
456          [(43)] (48) "Take" means to:
457          (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
458     wildlife; or
459          (b) attempt any action referred to in Subsection [(43)] (48)(a).
460          [(44)] (49) "Threatened" means wildlife designated as such pursuant to Section 3 of the
461     federal Endangered Species Act of 1973.
462          [(45)] (50) "Trapping" means taking protected wildlife with a trapping device.
463          [(46)] (51) "Trophy animal" means an animal described as follows:
464          (a) deer - a buck with an outside antler measurement of 24 inches or greater;
465          (b) elk - a bull with six points on at least one side;
466          (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
467          (d) moose - a bull with at least one antler exceeding five inches in length;
468          (e) mountain goat - a male or female;
469          (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
470          (g) bison - a bull.
471          [(47)] (52) "Waste" means to abandon protected wildlife or to allow protected wildlife
472     to spoil or to be used in a manner not normally associated with its beneficial use.
473          [(48)] (53) "Water pollution" means the introduction of matter or thermal energy to
474     waters within this state that:
475          (a) exceeds state water quality standards; or
476          (b) could be harmful to protected wildlife.
477          [(49)] (54) "Wildlife" means:
478          (a) crustaceans, including brine shrimp and crayfish;
479          (b) mollusks; and
480          (c) vertebrate animals living in nature, except feral animals.
481          Section 12. Section 23-14-2.8 is enacted to read:
482          23-14-2.8. Private Aquaculture Advisory Council.
483          (1) The executive director of the department may establish a Private Aquaculture
484     Advisory Council to give advice and make recommendations to the:
485          (a) commissioner of the Department of Agriculture and Food on rules adopted under
486     Subsection 4-37-109(1); and
487          (b) Wildlife Board on rules adopted concerning the regulation of:
488          (i) private fish ponds;
489          (ii) private stocking;
490          (iii) short-term fishing events; and
491          (iv) aquatic animal species authorized for importation or use in aquaculture facilities,
492     fee fishing facilities, private fish ponds, short-term fishing events, and private stocking.
493          (2) The advisory council shall consist of 10 members appointed to four-year terms by
494     the governor, in consultation with the executive director of the department, the commissioner
495     of the Department of Agriculture and Food, and the director of the division, as follows:
496          (a) two members representing the division selected from four or more names submitted
497     by the director of the division;
498          (b) two members representing the Department of Agriculture and Food selected from
499     four or more names submitted by the commissioner of the Department of Agriculture and
500     Food;
501          (c) one member representing angling interests selected from two or more names
502     submitted by a nonprofit corporation that promotes sport fishing;
503          (d) two members representing the private aquaculture industry selected from four or
504     more names submitted by a nonprofit corporation that promotes the aquaculture industry; and
505          (e) three members representing private ponds or fee fishing facilities selected from six
506     or more names submitted by a nonprofit corporation that promotes the aquaculture industry.
507          (3) Notwithstanding the requirements of Subsection (2), the governor shall, at the time
508     of appointment or reappointment, adjust the length of terms to ensure that the terms of advisory
509     council members are staggered so that approximately half of the advisory council is appointed
510     every two years.
511          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
512     appointed for the unexpired term.
513          (5) (a) Six members of the advisory council shall constitute a quorum.
514          (b) A quorum is necessary for the advisory council to act.
515          (c) Advisory council recommendations to the commissioner and Wildlife Board
516     pursuant to Subsection (1) shall be supported by majority vote.
517          (d) The advisory council shall elect a chair and vice chair from the advisory council's
518     membership.
519          (e) The advisory council shall determine:
520          (i) the time and place of meetings, not to exceed four meetings per calendar year; and
521          (ii) other procedural matters not specified in this Subsection (5).
522          (6) A member may not receive compensation or benefits for the member's service, but
523     may receive per diem and travel expenses in accordance with:
524          (a) Section 63A-3-106;
525          (b) Section 63A-3-107; and
526          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
527     63A-3-107.
528          Section 13. Section 23-14-3 is amended to read:
529          23-14-3. Powers of division to determine facts -- Policymaking powers of Wildlife
530     Board.
531          (1) The Division of Wildlife Resources may determine the facts relevant to the wildlife
532     resources of this state.
533          (2) (a) Upon a determination of these facts, the Wildlife Board shall establish the
534     policies best designed to accomplish the purposes and fulfill the intent of all laws pertaining to
535     wildlife and the preservation, protection, conservation, perpetuation, introduction, and
536     management of wildlife.
537          (b) In establishing policy, the Wildlife Board shall:
538          (i) recognize that wildlife and its habitat are an essential part of a healthy, productive
539     environment;
540          (ii) recognize the impact of wildlife on man, his economic activities, private property
541     rights, and local economies;
542          (iii) seek to balance the habitat requirements of wildlife with the social and economic
543     activities of man;
544          (iv) recognize the social and economic values of wildlife, including fishing, hunting,
545     and other uses; and
546          (v) seek to maintain wildlife on a sustainable basis.
547          (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
548     councils established in Section 23-14-2.6 and the Private Aquaculture Advisory Council
549     established in Section 23-14-2.8.
550          (ii) If a regional advisory council or the Private Aquaculture Advisory Council
551     recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the
552     recommendation, the Wildlife Board shall provide a written explanation to the [regional]
553     advisory council recommending the opposing position.
554          (3) No authority conferred upon the Wildlife Board by this title shall supersede the
555     administrative authority of the executive director of the Department of Natural Resources or
556     the director of the Division of Wildlife Resources.
557          Section 14. Section 23-15-10 is amended to read:
558          23-15-10. Private fish pond.
559          (1) A private fish pond is not required to obtain a certificate of registration from the
560     division to receive [an aquatic animal] fish from an aquaculture facility[.] if:
561          (a) the pond is properly screened as provided in Subsection (3)(c); and
562          (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
563     Board.
564          (2) (a) [A] Except as provided in Subsection (2)(b), a private fish pond or a short-term
565     fishing event may not be developed or held on:
566          [(a)] (i) a natural lake;
567          [(b)] (ii) a natural flowing stream; or
568          [(c)] (iii) a reservoir constructed on a natural stream channel.
569          (b) The division may authorize a private fish pond on a natural lake or reservoir
570     constructed on a natural stream channel upon inspecting and determining:
571          (i) the pond and inlet source of the pond neither contain wild game fish nor are likely
572     to support such species in the future;
573          (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
574     wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
575          (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
576     compliance with the requirements of this title, rules of the Wildlife Board, and applicable law;
577     and
578          (iv) the pond is not vulnerable to flood or high water events capable of compromising
579     the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
580     state.
581          (c) Any authorization issued by the division under Subsection (2)(b) shall be in the
582     form of a certificate of registration.
583          (3) A person who owns or operates a private fish pond may receive [an aquatic animal]
584     a fish from an aquaculture facility if:
585          (a) the aquaculture facility has a health approval number required by Section 4-37-501;
586          (b) the species, strain, and reproductive capability of the [aquatic animal] fish is
587     authorized by the Wildlife Board in accordance with Subsection (4) for stocking in the area
588     where the private fish pond is located;
589          (c) the private fish pond is screened in accordance with the Wildlife Board's rule to
590     prevent [an aquatic animal] the fish from moving into or out of the private fish pond;
591          (d) the [aquatic animal] fish is not:
592          (i) released from the private fish pond; or
593          (ii) transported live to another location; and
594          (e) the person provides the aquaculture facility with a signed statement that the private
595     fish pond is in compliance with this section.
596          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
597     Wildlife Board may make rules that:
598          (a) specify the screen requirements to prevent the movement of [an aquatic animal]
599     fish into or out of the private fish pond;
600          (b) specify the [aquatic animal] fish species that may not be stocked in a private fish
601     pond located in the state; [and]
602          (c) establish a location or region where a specified species, strain, and reproductive
603     capability of [aquatic animal] fish may be stocked in a private fish pond[.]; and
604          (d) specify procedures and requirements for authorizing development of a private fish
605     pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
606     reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
607          (5) The division may inspect a private fish pond to verify compliance with this section
608     and rules of the Wildlife Board.