1     
AQUACULTURE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Marc K. Roberts

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9           This bill makes changes to aquaculture regulation.
10     Highlighted Provisions:
11          This bill:
12          ▸      defines terms;
13          ▸     changes the name of the Private Aquaculture Advisory Council to the Private
14     Aquaculture Council;
15          ▸     reduces council membership from 10 to five members;
16          ▸     gives the council concurrent authority with the commissioner of the Department of
17     Agriculture and Food on rules adopted pursuant to Subsection 4-37-109(1); and
18          ▸     gives the council concurrent authority with the Wildlife Board on rules concerning
19     the regulation of:
20               •     private fish ponds;
21               •     private stocking;
22               •     short-term fishing events; and
23               •     aquatic animal species authorized for importation or use in aquaculture
24     facilities, fee fishing facilities, private fish ponds, short-term fishing events, and
25     private stockings.
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 2017, Chapter 412
33          4-37-104, as last amended by Laws of Utah 2017, Chapter 412
34          4-37-105, as last amended by Laws of Utah 2017, Chapter 412
35          4-37-108, as last amended by Laws of Utah 2017, Chapter 412
36          4-37-109, as last amended by Laws of Utah 2017, Chapter 412
37          4-37-401, as enacted by Laws of Utah 1994, Chapter 153
38          4-37-402, as last amended by Laws of Utah 2010, Chapter 378
39          23-13-2, as last amended by Laws of Utah 2017, Chapter 412
40          23-14-2.8, as enacted by Laws of Utah 2017, Chapter 412
41          23-14-3, as last amended by Laws of Utah 2017, Chapter 412
42          23-15-10, as last amended by Laws of Utah 2017, Chapter 412
43          23-15-13, as last amended by Laws of Utah 1997, Chapter 82
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 4-37-103 is amended to read:
47          4-37-103. Definitions.
48          As used in this chapter:
49          (1) "Aquaculture" means the controlled cultivation of aquatic animals.
50          (2) (a) (i) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream
51     reservoir, or other structure used for aquaculture.
52          (ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishing
53     facility.
54          (b) Structures that are separated by more than 1/2 mile, or structures that drain to or are
55     modified to drain to, different drainages, are considered separate aquaculture facilities
56     regardless of ownership.
57          (3) (a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean,
58     or amphibian.
59          (b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a).
60           (4) "Concurrence" means the entities given rulemaking authority must jointly agree for
61     the action to be taken.
62          [(4)] (5) "Fee fishing facility" means a body of water used for holding or rearing fish
63     for the purpose of providing fishing for a fee or for pecuniary consideration or advantage.
64          [(5)] (6) "Natural flowing stream" means the same as that term is defined in Section
65     23-13-2.
66          [(6)] (7) "Natural lake" means the same as that term is defined in Section 23-13-2.
67          [(7)] (8) "Private fish pond" means the same as that term is defined in Section 23-13-2.
68          [(8)] (9) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream
69     reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S.
70     Fish and Wildlife Service, a mosquito abatement district, or an institution of higher education.
71          [(9)] (10) "Public fishery resource" means fish produced in public aquaculture facilities
72     and wild and free ranging populations of fish in the surface waters of the state.
73          [(10)] (11) "Reservoir constructed on a natural stream channel" means the same as that
74     term is defined in Section 23-13-2.
75          [(11)] (12) "Short-term fishing event" means the same as that term is defined in
76     Section 23-13-2.
77          Section 2. Section 4-37-104 is amended to read:
78          4-37-104. Department's responsibilities.
79          (1) The department is responsible for enforcing laws and rules made by the Wildlife
80     Board with concurrence by the Private Aquaculture Council pursuant to Section 23-14-2.8
81     governing species of aquatic animals which may be imported into the state or possessed or
82     transported within the state that are applicable to aquaculture or fee fishing facilities and the
83     promotion of the state's aquaculture industry.
84          (2) Subject to the policies and rules of the Fish Health Policy Board, the department
85     shall:
86          (a) act to prevent the outbreak and act to control the spread of disease-causing
87     pathogens among aquatic animals in aquaculture and fee fishing facilities; and
88          (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
89     be deposited in, or harvested from aquaculture or fee fishing facilities to wild aquatic animals,
90     other animals, and humans.
91          Section 3. Section 4-37-105 is amended to read:
92          4-37-105. Responsibilities of Wildlife Board and Division of Wildlife Resources.
93          (1) The Wildlife Board , with concurrence by the Private Aquaculture Council pursuant
94     to Section 23-14-2.8, and the Division of Wildlife Resources are responsible for determining
95     the species of aquatic animals which may be imported into, possessed, and transported within
96     the state.
97          (2) Subject to the policies and rules of the Fish Health Policy Board, the Wildlife
98     Board and the Division of Wildlife Resources shall:
99          (a) act to prevent the outbreak and act to control the spread of disease-causing
100     pathogens among aquatic animals in public aquaculture facilities; and
101          (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
102     be deposited in, or harvested from public aquaculture facilities and private ponds to wild
103     aquatic animals, other animals, and humans.
104          Section 4. Section 4-37-108 is amended to read:
105          4-37-108. Prohibited activities.
106          (1) Except as provided in this chapter, in the rules of the department made pursuant to
107     Section 4-37-109, rules of the Fish Health Policy Board made pursuant to Section 4-37-503, or
108     in the rules of the Wildlife Board made with concurrence by the Private Aquaculture Council
109     pursuant to Section 23-14-2.8, governing species of aquatic animals which may be imported
110     into, possessed, transported, or released within the state, a person may not:
111          (a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee
112     fishing facility;
113          (b) transport aquatic animals to or from an aquaculture or fee fishing facility;
114          (c) stock or propagate aquatic animals in an aquaculture or fee fishing facility;
115          (d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing facility;
116     or
117          (e) release aquatic animals into the waters of the state.
118          (2) If a person commits an act in violation of Subsection (1) and that same act
119     constitutes wanton destruction of protected wildlife as provided in Section 23-20-4, the person
120     is guilty of a violation of Section 23-20-4.
121          Section 5. Section 4-37-109 is amended to read:
122          4-37-109. Department to make rules.
123          (1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
124     Administrative Rulemaking Act , and with concurrence by the Private Aquaculture Council
125     pursuant to Section 23-14-2.8 :
126          (a) specifying procedures for the application and renewal of certificates of registration
127     for operating an aquaculture or fee fishing facility; and
128          (b) governing the disposal or removal of aquatic animals from an aquaculture or fee
129     fishing facility for which the certificate of registration has lapsed or been revoked.
130          (2) (a) The department may make other rules consistent with its responsibilities set
131     forth in Section 4-37-104.
132          (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
133     be consistent with the suggested procedures for the detection and identification of pathogens
134     published by the American Fisheries Society's Fish Health Section.
135          [(3) (a) The department shall consider the recommendations of the Private Aquaculture
136     Advisory Council established in Section 23-14-2.8 when adopting rules under Subsection (1).]
137          [(b) If the Private Aquaculture Advisory Council recommends a position or action to
138     the department pursuant to Section 23-14-2.8 and the department rejects the recommendation,
139     the department shall provide a written explanation to the council.]
140          Section 6. Section 4-37-401 is amended to read:
141          4-37-401. Certificate of registration required to import aquatic animals for
142     aquaculture or fee fishing facilities.
143          (1) A person may not import aquatic animals classified as controlled species by rules of
144     the Wildlife Board, made with concurrence by the Private Aquaculture Council pursuant to
145     Section 23-14-2.8, into the state for use in aquaculture or fee fishing facilities without first
146     obtaining a certificate of registration from the department.
147          (2) The department shall:
148          (a) coordinate with the Division of Wildlife Resources in determining which species
149     the holder may import into the state; and
150          (b) specify those species on the certificate of registration.
151          (3) A person may not import species into the state that are not listed on the certificate
152     of registration.
153          Section 7. Section 4-37-402 is amended to read:
154          4-37-402. Documentation required to import aquatic animals.
155          Any aquatic animals classified as controlled species by rules of the Wildlife Board,
156     made with concurrence by the Private Aquaculture Council pursuant to Section 23-14-2.8, that
157     are imported into the state for use in aquaculture or fee fishing facilities shall be accompanied
158     by documentation indicating the following:
159          (1) the health approval number assigned by the department to the source facility;
160          (2) common or scientific names of the imported animals;
161          (3) name and address of the consignor and consignee;
162          (4) origin of shipment;
163          (5) final destination;
164          (6) number or pounds shipped;
165          (7) purpose for which shipped;
166          (8) method of transportation; and
167          (9) any other information required by the department.
168          Section 8. Section 23-13-2 is amended to read:
169          23-13-2. Definitions.
170          As used in this title:
171          (1) "Activity regulated under this title" means any act, attempted act, or activity
172     prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or
173     the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
174          (a) fishing;
175          (b) hunting;
176          (c) trapping;
177          (d) taking;
178          (e) permitting any dog, falcon, or other domesticated animal to take;
179          (f) transporting;
180          (g) possessing;
181          (h) selling;
182          (i) wasting;
183          (j) importing;
184          (k) exporting;
185          (l) rearing;
186          (m) keeping;
187          (n) utilizing as a commercial venture; and
188          (o) releasing to the wild.
189          (2) "Aquaculture facility" means the same as that term is defined in Section 4-37-103.
190          (3) "Aquatic animal" means the same as that term is defined in Section 4-37-103.
191          (4) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
192     amphibians.
193          (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
194     that one person may legally take during one day.
195          (6) "Big game" means species of hoofed protected wildlife.
196          (7) "Carcass" means the dead body of an animal or its parts.
197          (8) "Certificate of registration" means a document issued under this title, or any rule or
198     proclamation of the Wildlife Board granting authority to engage in activities not covered by a
199     license, permit, or tag.
200          (9) "Closed season" means the period of time during which the taking of protected
201     wildlife is prohibited.
202          (10) "Concurrence" means the entities given rulemaking authority must jointly agree
203     for the action to be taken.
204          [(10)] (11) "Conservation officer" means a full-time, permanent employee of the
205     Division of Wildlife Resources who is POST certified as a peace or a special function officer.
206          [(11)] (12) "Dedicated hunter program" means a program that provides:
207          (a) expanded hunting opportunities;
208          (b) opportunities to participate in projects that are beneficial to wildlife; and
209          (c) education in hunter ethics and wildlife management principles.
210          [(12)] (13) "Division" means the Division of Wildlife Resources.
211          [(13)] (14) (a) "Domicile" means the place:
212          (i) where an individual has a fixed permanent home and principal establishment;
213          (ii) to which the individual if absent, intends to return; and
214          (iii) in which the individual, and the individual's family voluntarily reside, not for a
215     special or temporary purpose, but with the intention of making a permanent home.
216          (b) To create a new domicile an individual shall:
217          (i) abandon the old domicile; and
218          (ii) be able to prove that a new domicile has been established.
219          [(14)] (15) "Endangered" means wildlife designated as endangered according to
220     Section 3 of the federal Endangered Species Act of 1973.
221          [(15)] (16) "Fee fishing facility" means the same as that term is defined in Section
222     4-37-103.
223          [(16)] (17) "Feral" means an animal that is normally domesticated but has reverted to
224     the wild.
225          [(17)] (18) "Fishing" means to take fish or crayfish by any means.
226          [(18)] (19) "Furbearer" means species of the Bassariscidae, Canidae, Felidae,
227     Mustelidae, and Castoridae families, except coyote and cougar.
228          [(19)] (20) "Game" means wildlife normally pursued, caught, or taken by sporting
229     means for human use.
230          [(20)] (21) "Guide" means a person who receives compensation or advertises services
231     for assisting another person to take protected wildlife, including the provision of food, shelter,
232     or transportation, or any combination of these.
233          [(21)] (22) "Guide's agent" means a person who is employed by a guide to assist
234     another person to take protected wildlife.
235          [(22)] (23) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by
236     any means.
237          [(23)] (24) "Intimidate or harass" means to physically interfere with or impede, hinder,
238     or diminish the efforts of an officer in the performance of the officer's duty.
239          [(24)] (25) (a) "Natural flowing stream" means a topographic low where water collects
240     and perennially or intermittently flows with a perceptible current in a channel formed
241     exclusively by forces of nature.
242          (b) "Natural flowing stream" includes perennial or intermittent water flows in a:
243          (i) realigned or modified channel that replaces the historic, natural flowing stream
244     channel; and
245          (ii) dredged natural flowing stream channel.
246          (c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
247     other water delivery system that diverts and conveys water to an approved place of use
248     pursuant to a certificated water right.
249          [(25)] (26) (a) "Natural lake" means a perennial or intermittent body of water that
250     collects on the surface of the earth exclusively through the forces of nature and without human
251     assistance.
252          (b) "Natural lake" does not mean a lake where all surface water sources supplying the
253     body of water originate from groundwater springs no more than 100 yards upstream.
254          [(26)] (27) "Nonresident" means a person who does not qualify as a resident.
255          [(27)] (28) "Open season" means the period of time during which protected wildlife
256     may be legally taken.
257          [(28)] (29) "Pecuniary gain" means the acquisition of money or something of monetary
258     value.
259          [(29)] (30) "Permit" means a document, including a stamp, that grants authority to
260     engage in specified activities under this title or a rule or proclamation of the Wildlife Board.
261          [(30)] (31) "Person" means an individual, association, partnership, government agency,
262     corporation, or an agent of the foregoing.
263          [(31)] (32) "Possession" means actual or constructive possession.
264          [(32)] (33) "Possession limit" means the number of bag limits one individual may
265     legally possess.
266          [(33)] (34) (a) "Private fish pond" means a pond, reservoir, or other body of water,
267     including a fish culture system, located on privately owned land where privately owned fish:
268          (i) are propagated or kept for a private noncommercial purpose; and
269          (ii) may be taken without a fishing license.
270          (b) "Private fish pond" does not include an aquaculture facility, fee fishing facility,
271     short-term fishing event, or private stocking.
272          [(34)] (35) (a) "Private stocking" means an authorized release of privately owned, live
273     fish in the waters of the state not eligible as a private fish pond under Section 23-15-10 or
274     aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act.
275          (b) Fish released under private stocking become the property of the state and subject to
276     the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
277     Board, made with concurrence by the Private Aquaculture Council pursuant to Section
278     23-14-2.8.
279          [(35)] (36) "Private wildlife farm" means an enclosed place where privately owned
280     birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
281          (a) commingling with wild birds or furbearers; and
282          (b) escaping into the wild.
283          [(36)] (37) "Proclamation" means the publication used to convey a statute, rule, policy,
284     or pertinent information as it relates to wildlife.
285          [(37)] (38) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in
286     Subsection (3), except as provided in Subsection [(37)] (38)(b).
287          (b) "Protected aquatic wildlife" does not include aquatic insects.
288          [(38)] (39) (a) "Protected wildlife" means wildlife as defined in Subsection [(54)] (55),
289     except as provided in Subsection [(38)] (39)(b).
290          (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel,
291     jack rabbit, muskrat, and raccoon.
292          [(39)] (40) "Released to the wild" means to be turned loose from confinement.
293          [(40)] (41) (a) "Reservoir constructed on a natural stream channel" means a body of
294     water collected and stored on the course of a natural flowing stream by impounding the stream
295     through excavation or diking.
296          (b) "Reservoir constructed on a natural stream channel" does not mean an
297     impoundment on a natural flowing stream where all surface water sources supplying the
298     impoundment originate from groundwater springs no more than 100 yards upstream.
299          [(41)] (42) (a) "Resident" means a person who:
300          (i) has been domiciled in the state for six consecutive months immediately preceding
301     the purchase of a license; and
302          (ii) does not claim residency for hunting, fishing, or trapping in any other state or
303     country.
304          (b) A Utah resident retains Utah residency if that person leaves this state:
305          (i) to serve in the armed forces of the United States or for religious or educational
306     purposes; and
307          (ii) the person complies with Subsection [(41)] (42)(a)(ii).
308          (c) (i) A member of the armed forces of the United States and dependents are residents
309     for the purposes of this chapter as of the date the member reports for duty under assigned
310     orders in the state if the member:
311          (A) is not on temporary duty in this state; and
312          (B) complies with Subsection [(41)] (42)(a)(ii).
313          (ii) A copy of the assignment orders shall be presented to a wildlife division office to
314     verify the member's qualification as a resident.
315          (d) A nonresident attending an institution of higher learning in this state as a full-time
316     student may qualify as a resident for purposes of this chapter if the student:
317          (i) has been present in this state for 60 consecutive days immediately preceding the
318     purchase of the license; and
319          (ii) complies with Subsection [(41)] (42)(a)(ii).
320          (e) A Utah resident license is invalid if a resident license for hunting, fishing, or
321     trapping is purchased in any other state or country.
322          (f) An absentee landowner paying property tax on land in Utah does not qualify as a
323     resident.
324          [(42)] (43) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the
325     act of selling, bartering, exchanging, or trading.
326          [(43)] (44) (a) "Short-term fishing event" means any event where privately acquired
327     fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing
328     or recreational opportunity and where no fee is charged as a requirement to fish.
329          (b) A fishing license is not required to take fish at a short-term fishing event.
330          [(44)] (45) "Small game" means species of protected wildlife:
331          (a) commonly pursued for sporting purposes; and
332          (b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey,
333     cougar, and bear.
334          [(45)] (46) "Spoiled" means impairment of the flesh of wildlife which renders it unfit
335     for human consumption.
336          [(46)] (47) "Spotlighting" means throwing or casting the rays of any spotlight,
337     headlight, or other artificial light on any highway or in any field, woodland, or forest while
338     having in possession a weapon by which protected wildlife may be killed.
339          [(47)] (48) "Tag" means a card, label, or other identification device issued for
340     attachment to the carcass of protected wildlife.
341          [(48)] (49) "Take" means to:
342          (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
343     wildlife; or
344          (b) attempt any action referred to in Subsection [(48)] (49)(a).
345          [(49)] (50) "Threatened" means wildlife designated as such pursuant to Section 3 of the
346     federal Endangered Species Act of 1973.
347          [(50)] (51) "Trapping" means taking protected wildlife with a trapping device.
348          [(51)] (52) "Trophy animal" means an animal described as follows:
349          (a) deer - a buck with an outside antler measurement of 24 inches or greater;
350          (b) elk - a bull with six points on at least one side;
351          (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
352          (d) moose - a bull with at least one antler exceeding five inches in length;
353          (e) mountain goat - a male or female;
354          (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
355          (g) bison - a bull.
356          [(52)] (53) "Waste" means to abandon protected wildlife or to allow protected wildlife
357     to spoil or to be used in a manner not normally associated with its beneficial use.
358          [(53)] (54) "Water pollution" means the introduction of matter or thermal energy to
359     waters within this state that:
360          (a) exceeds state water quality standards; or
361          (b) could be harmful to protected wildlife.
362          [(54)] (55) "Wildlife" means:
363          (a) crustaceans, including brine shrimp and crayfish;
364          (b) mollusks; and
365          (c) vertebrate animals living in nature, except feral animals.
366          Section 9. Section 23-14-2.8 is amended to read:
367          23-14-2.8. Private Aquaculture Council.
368          [(1) The executive director of the department may establish a Private Aquaculture
369     Advisory Council to give advice and make recommendations to the:]
370          (1) There is created within the division a Private Aquaculture Council.
371          (2) (a) The council shall in accordance with Title 63G, Chapter 3, Utah Administrative
372     Rulemaking Act, make rules subject to concurrence by the:
373          [(a)] (i) commissioner of the Department of Agriculture and Food on rules adopted
374     under Subsection 4-37-109(1); and
375          [(b)] (ii) Wildlife Board [on rules adopted] concerning the regulation of:
376          [(i)] (A) private fish ponds;
377          [(ii)] (B) private stocking;
378          [(iii)] (C) short-term fishing events; and
379          [(iv)] (D) aquatic animal species authorized for importation or use in aquaculture
380     facilities, fee fishing facilities, private fish ponds, short-term fishing events, and private
381     stocking.
382          (b) The council shall advise the director on matters affecting the division budget.
383          (3) If concurrence between the commissioner and the council or between the Wildlife
384     Board and the council is required:
385          (a) the commissioner or the Wildlife Board shall report to and update the council on
386     matters requiring concurrence; and
387          (b) the council shall review the report submitted by the commissioner or the Wildlife
388     Board under this Subsection (3) and concur with the report, or:
389          (i) provide a reason for not concurring with the report; or
390          (ii) provide recommendations to the commissioner or the Wildlife Board.
391          (4) If no concurrence can be reached between the commissioner and the council or the
392     Wildlife Board and the council, the commissioner or the Wildlife Board has final authority.
393          [(2)] (5) The [advisory] council shall consist of [10] five members appointed to
394     four-year terms by the governor, in consultation with the executive director of the department,
395     the commissioner of the Department of Agriculture and Food, and the director of the division,
396     as follows:
397          [(a) two members representing the division selected from four or more names
398     submitted by the director of the division;]
399          [(b) two members representing the Department of Agriculture and Food selected from
400     four or more names submitted by the commissioner of the Department of Agriculture and
401     Food;]
402          [(c)] (a) one member representing angling interests selected from two or more names
403     submitted by a nonprofit corporation that promotes sport fishing;
404          [(d)] (b) two members representing the private aquaculture industry selected from four
405     or more names submitted by a nonprofit corporation that promotes the aquaculture industry;
406     and
407          [(e) three] (c) two members representing private ponds or fee fishing facilities selected
408     from six or more names submitted by a nonprofit corporation that promotes the aquaculture
409     industry.
410          [(3)] (6) Notwithstanding the requirements of Subsection [(2)] (5), the governor shall,
411     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
412     of [advisory] council members are staggered so that approximately half of the [advisory]
413     council is appointed every two years.
414          [(4)] (7) When a vacancy occurs in the membership for any reason, the replacement
415     shall be appointed for the unexpired term.
416          [(5)] (8) (a) [Six] Three members of the [advisory] council shall constitute a quorum.
417          (b) A quorum is necessary for the [advisory] council to act.
418          (c) [Advisory council] Council administrative rule recommendations to the
419     commissioner and Wildlife Board pursuant to Subsection [(1)] (2) shall be supported by
420     majority vote.
421          (d) The [advisory] council shall elect a chair and vice chair from the [advisory]
422     council's membership.
423          (e) The [advisory] council shall determine:
424          (i) the time and place of meetings, not to exceed four meetings per calendar year; and
425          (ii) other procedural matters not specified in this Subsection [(5)] (8).
426          [(6)] (9) A member may not receive compensation or benefits for the member's service,
427     but may receive per diem and travel expenses in accordance with:
428          (a) Section 63A-3-106;
429          (b) Section 63A-3-107; and
430          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
431     63A-3-107.
432          Section 10. Section 23-14-3 is amended to read:
433          23-14-3. Powers of division to determine facts -- Policymaking powers of Wildlife
434     Board.
435          (1) The Division of Wildlife Resources may determine the facts relevant to the wildlife
436     resources of this state.
437          (2) (a) Upon a determination of these facts, the Wildlife Board, subject to concurrence
438     as described in Section 23-14-2.8, shall establish the policies best designed to accomplish the
439     purposes and fulfill the intent of all laws pertaining to wildlife and the preservation, protection,
440     conservation, perpetuation, introduction, and management of wildlife.
441          (b) In establishing policy, the Wildlife Board shall:
442          (i) recognize that wildlife and its habitat are an essential part of a healthy, productive
443     environment;
444          (ii) recognize the impact of wildlife on man, his economic activities, private property
445     rights, and local economies;
446          (iii) seek to balance the habitat requirements of wildlife with the social and economic
447     activities of man;
448          (iv) recognize the social and economic values of wildlife, including fishing, hunting,
449     and other uses; and
450          (v) seek to maintain wildlife on a sustainable basis.
451          (c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
452     councils established in Section 23-14-2.6 [and the Private Aquaculture Advisory Council
453     established in Section 23-14-2.8].
454          (ii) If a regional advisory council [or the Private Aquaculture Advisory Council]
455     recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the
456     recommendation, the Wildlife Board shall provide a written explanation to the advisory council
457     recommending the opposing position.
458          (3) No authority conferred upon the Wildlife Board by this title shall supersede the
459     administrative authority of the executive director of the Department of Natural Resources or
460     the director of the Division of Wildlife Resources.
461          Section 11. Section 23-15-10 is amended to read:
462          23-15-10. Private fish pond.
463          (1) A private fish pond is not required to obtain a certificate of registration from the
464     division to receive fish from an aquaculture facility if:
465          (a) the pond is properly screened as provided in Subsection (3)(c); and
466          (b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
467     Board made with concurrence by the Private Aquaculture Council pursuant to Section
468     23-14-2.8.
469          (2) (a) Except as provided in Subsection (2)(b), a private fish pond or a short-term
470     fishing event may not be developed or held on:
471          (i) a natural lake;
472          (ii) a natural flowing stream; or
473          (iii) a reservoir constructed on a natural stream channel.
474          (b) The division may authorize a private fish pond on a natural lake or reservoir
475     constructed on a natural stream channel upon inspecting and determining:
476          (i) the pond and inlet source of the pond neither contain wild game fish nor are likely
477     to support such species in the future;
478          (ii) the pond and the pond's intended use will not jeopardize conservation of aquatic
479     wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
480          (iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in
481     compliance with the requirements of this title, rules of the Wildlife Board made with
482     concurrence by the Private Aquaculture Council pursuant to Section 23-14-2.8, and applicable
483     law; and
484          (iv) the pond is not vulnerable to flood or high water events capable of compromising
485     the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the
486     state.
487          (c) Any authorization issued by the division under Subsection (2)(b) shall be in the
488     form of a certificate of registration.
489          (3) A person who owns or operates a private fish pond may receive a fish from an
490     aquaculture facility if:
491          (a) the aquaculture facility has a health approval number required by Section 4-37-501;
492          (b) the species, strain, and reproductive capability of the fish is authorized by the
493     Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish
494     pond is located;
495          (c) the private fish pond is screened in accordance with the Wildlife Board's rule, made
496     with concurrence by the Private Aquaculture Council pursuant to Section 23-14-2.8, to prevent
497     the fish from moving into or out of the private fish pond;
498          (d) the fish is not:
499          (i) released from the private fish pond; or
500          (ii) transported live to another location; and
501          (e) the person provides the aquaculture facility with a signed statement that the private
502     fish pond is in compliance with this section.
503          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
504     Wildlife Board, with concurrence by the Private Aquaculture Council pursuant to Section
505     23-14-2.8, may make rules that:
506          (a) specify the screen requirements to prevent the movement of fish into or out of the
507     private fish pond;
508          (b) specify the fish species that may not be stocked in a private fish pond located in the
509     state;
510          (c) establish a location or region where a specified species, strain, and reproductive
511     capability of fish may be stocked in a private fish pond; and
512          (d) specify procedures and requirements for authorizing development of a private fish
513     pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or
514     reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
515          (5) The division may inspect a private fish pond to verify compliance with this section
516     and rules of the Wildlife Board made with concurrence by the Private Aquaculture Council
517     pursuant to Section 23-14-2.8.
518          Section 12. Section 23-15-13 is amended to read:
519          23-15-13. Operation of aquaculture and fee fishing facilities.
520          A person may engage in the following activities as provided by Title 4, Chapter 37,
521     Aquaculture Act, and rules adopted under that chapter by the Department of Agriculture and
522     Food and Wildlife Board with concurrence by the Private Aquaculture Council if required by
523     this title:
524          (1) acquisition, importation, or possession of aquatic animals intended for use in an
525     aquaculture or fee fishing facility;
526          (2) transportation of aquatic animals to or from an aquaculture facility or to a fee
527     fishing facility;
528          (3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility;
529     and
530          (4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing
531     facility.




Legislative Review Note
Office of Legislative Research and General Counsel