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7 LONG TITLE
8 General Description:
9 This bill requires resident and nonresident vessel owners to pay an aquatic invasive
10 species mitigation fee before operating a vessel on waters in Utah.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates the aquatic invasive species mitigation fee, requiring resident and
14 nonresident owners of certain vessels to pay a fee in order to operate a boat on
15 waters in Utah;
16 ▸ requires owners of certain vessels to complete an education course;
17 ▸ requires the Division of Wildlife Resources to study the feasibility of a program for
18 automated monitoring and record keeping of the decontamination or entry of vessels
19 into the waters of this state;
20 ▸ requires the Division of Wildlife Resources to report on the study and implement a
21 pilot program;
22 ▸ creates the Aquatic Invasive Species Interdiction Account;
23 ▸ grants rulemaking authority to the Wildlife Board;
24 ▸ requires a person to remove all plugs and similar devices and to drain water systems
25 on a conveyance before transporting the conveyance on a highway in the state;
26 ▸ permits the division to temporarily stop, detain, and inspect a conveyance that the
27 division reasonably believes has not complied with the draining requirements; and
28 ▸ makes technical changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 This bill provides a special effective date.
33 Utah Code Sections Affected:
34 AMENDS:
35 23-27-102, as enacted by Laws of Utah 2008, Chapter 284
36 23-27-301, as last amended by Laws of Utah 2014, Chapter 274
37 73-18-22, as last amended by Laws of Utah 2015, Chapter 36
38 73-18-26, as enacted by Laws of Utah 2015, Chapter 36
39 ENACTS:
40 23-27-304, Utah Code Annotated 1953
41 23-27-305, Utah Code Annotated 1953
42 23-27-306, Utah Code Annotated 1953
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 23-27-102 is amended to read:
46 23-27-102. Definitions.
47 As used in this chapter:
48 (1) "Board" means the Wildlife Board.
49 (2) (a) "Conveyance" means a terrestrial or aquatic vehicle or a vehicle part that may
50 carry or contain a Dreissena mussel.
51 (b) "Conveyance" includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal
52 watercraft, a container, a trailer, a live well, or a bilge area.
53 (3) "Decontaminate" means to:
54 (a) drain and dry all non-treated water; and
55 (b) chemically or thermally treat in accordance with rule.
56 (4) "Director" means the director of the division.
57 (5) "Division" means the Division of Wildlife Resources.
58 (6) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage,
59 including a zebra mussel, a quagga mussel, and Conrad's false mussel.
60 (7) "Equipment" means an article, tool, implement, or device capable of carrying or
61 containing:
62 (a) water; or
63 (b) a Dreissena mussel.
64 (8) "Executive director" means the executive director of the Department of Natural
65 Resources.
66 (9) "Facility" means a structure that is located within or adjacent to a water body.
67 (10) "Infested water" means a geographic region, water body, facility, or water supply
68 system within or outside the state that the board identifies in rule as carrying or containing a
69 Dreissena mussel.
70 (11) "Vessel" means the same as that term is defined in Section 73-18-2.
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72 stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain.
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74 distributes water for irrigation, industrial, waste water treatment, or culinary use.
75 (b) "Water supply system" includes a pump, canal, ditch, or pipeline.
76 (c) "Water supply system" does not include a water body.
77 Section 2. Section 23-27-301 is amended to read:
78 23-27-301. Division's power to prevent invasive species infestation.
79 To eradicate and prevent the infestation of a Dreissena mussel, the division may:
80 (1) (a) establish inspection stations located at or along:
81 (i) highways, as defined in Section 72-1-102;
82 (ii) ports of entry, if the Department of Transportation authorizes the division to use the
83 port of entry; and
84 (iii) publicly accessible:
85 (A) boat ramps; and
86 (B) conveyance launch sites; and
87 (b) temporarily stop, detain, and inspect a conveyance or equipment that:
88 (i) the division reasonably believes is in violation of Section 23-27-201;
89 (ii) the division reasonably believes is in violation of Section 23-27-306;
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92 (2) conduct an administrative checkpoint in accordance with Section 77-23-104;
93 (3) detain and quarantine a conveyance or equipment as provided in Section
94 23-27-302;
95 (4) order a person to decontaminate a conveyance or equipment; and
96 (5) inspect the following that may contain a Dreissena mussel:
97 (a) a water body;
98 (b) a facility; and
99 (c) a water supply system.
100 Section 3. Section 23-27-304 is enacted to read:
101 23-27-304. Aquatic invasive species fee.
102 (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
103 aquatic invasive species fee of $20 on each vessel in order to launch or operate a vessel in
104 waters of this state if:
105 (i) the vessel is owned by a nonresident; and
106 (ii) the vessel would otherwise be subject to registration requirements under Section
107 73-18-7 if the vessel were owned by a resident of this state.
108 (b) The provisions of Subsection (1)(a) do not apply if the vessel is owned and
109 operated by a state or federal government agency and the vessel is used within the course and
110 scope of the duties of the agency.
111 (c) The division shall administer and collect the fee described in Subsection (1)(a), and
112 the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in
113 Section 23-27-305.
114 (2) Before launching a vessel on the waters of this state, a nonresident shall pay the
115 aquatic invasive species fee as described in Subsection (1), and the vessel owner shall
116 successfully complete an aquatic invasive species education course offered by the division.
117 (3) (a) The division shall study options and feasability of implementing an automated
118 system capable of scanning, photographing, and providing real-time information regarding a
119 conveyance's or equipment's:
120 (i) last entry into a body of water; and
121 (ii) last decontamination.
122 (b) The study described in Subsection (3)(a) shall evaluate the system's capability of:
123 (i) operation with or without the use or supervision of personnel;
124 (ii) operation 24 hours per day;
125 (iii) capturing a state assigned number on a vessel or conveyance as described in
126 Section 73-18-6;
127 (iv) preserving photographic evidence of:
128 (A) a conveyance's state assigned bow number;
129 (B) a conveyance's or equipment's entry into a body of water, including the global
130 positioning system location of where the conveyance is photographed; and
131 (C) decontamination of the conveyance or equipment;
132 (v) identifying a conveyance or equipment not owned by a resident that is entering a
133 body of water in this state; and
134 (vi) collecting the fee described in Subsection (1).
135 (c) The division shall present a report of the study and findings described in
136 Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim
137 Committee before November 30, 2020.
138 (d) Based on the findings of the study described in this Subsection (3), the division
139 shall implement a pilot program to provide the services described in this Subsection (3) on or
140 before May 1, 2021.
141 (4) The board may increase fees assessed under Subsections (1), so long as:
142 (a) the fee for nonresidents described in Subsection (2) is no less than the resident fee
143 described in Section 73-18-26; and
144 (b) the fee is confirmed in the legislative fee schedule.
145 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
146 board may make rules establishing procedures for:
147 (a) proof of payment and other methods of verifying compliance with this section;
148 (b) special requirements applicable on interstate water bodies in this state; and
149 (c) other provisions necessary for the administration of the program.
150 Section 4. Section 23-27-305 is enacted to read:
151 23-27-305. Aquatic Invasive Species Interdiction Account.
152 (1) There is created within the General Fund a restricted account known as the Aquatic
153 Invasive Species Interdiction Account.
154 (2) The restricted account shall consist of:
155 (a) nonresident aquatic invasive species fees collected under Section 23-27-304;
156 (b) resident aquatic invasive species fees collected under Section 73-18-26; and
157 (c) any other amount deposited in the restricted account from donations,
158 appropriations, contractual agreements, and accrued interest.
159 (3) Upon appropriation, the division shall use the fees collected under Sections
160 23-27-305 and 73-18-26 and deposited in the Aquatic Invasive Species Account to fund aquatic
161 invasive species prevention and containment efforts.
162 Section 5. Section 23-27-306 is enacted to read:
163 23-27-306. Removal of drain plug or similar device during transport.
164 (1) Before transporting a conveyance on a highway, as defined in Section 72-1-102, in
165 the state, a person shall:
166 (a) remove the plugs and similar devices that prevent drainage of raw water systems on
167 the conveyance; and
168 (b) to the extent feasible, drain all water from live wells, bilges, ballast tanks, or
169 similar compartments on the conveyance.
170 (2) A person who fails to comply with Subsection (1) is guilty of a class C
171 misdemeanor.
172 Section 6. Section 73-18-22 is amended to read:
173 73-18-22. Boating Account created -- Contents -- Use of money.
174 (1) There is created within the General Fund a restricted account known as the Boating
175 Account.
176 (2) The restricted account shall consist of[
177 73-18-24 and 73-18-25, all registration fees and related money collected by the division or an
178 authorized agent, less the costs of collecting motorboat and sailboat registration fees by an
179 authorized agent[
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181 (3) The amount retained by an authorized agent under Subsection (2)[
182 exceed 20% of the fees charged in Section 73-18-7.
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184 be used for:
185 (a) the construction, improvement, operation, and maintenance of publicly owned
186 boating facilities;
187 (b) boater education; and
188 (c) the payment of the costs and expenses of the division in administering and
189 enforcing this chapter.
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192 Section 7. Section 73-18-26 is amended to read:
193 73-18-26. Resident aquatic invasive species fee -- Amount -- Deposit.
194 (1) In addition to the registration fee imposed under Section 73-18-7, there is imposed
195 an annual resident aquatic invasive species [
196 required to be registered under Section 73-18-7.
197 (2) The fee imposed under Subsection (1) shall be deposited [
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199 Aquatic Invasive Species Interdiction Account created in Section 23-27-305.
200 Section 8. Effective date.
201 This bill takes effect on July 1, 2020.