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7 LONG TITLE
8 General Description:
9 This bill makes changes related to the authority and administration of the Department of
10 Agriculture and Food.
11 Highlighted Provisions:
12 This bill:
13 ▸ clarifies the Department of Agriculture and Food's authority to award grants;
14 ▸ allows the department to email certain registration renewal forms to a registrant
15 unless the registrant requests to receive the forms by mail;
16 ▸ authorizes the department to use the Agriculture Resource Development Fund to
17 make loans through a disaster relief program;
18 ▸ amends provisions related to the administration of the Utah Rural Rehabilitation
19 Fund;
20 ▸ clarifies where the department will send a notice of brand renewal;
21 ▸ provides for an annual yearly brand inspection for rodeo stock;
22 ▸ clarifies the acceptable use of the Plant Pest Fund for certain administrative
23 expenses;
24 ▸ changes the term "certificate of registration" to the term "license" throughout the
25 Aquaculture Act;
26 ▸ amends provisions related to the use of the Agricultural Water Optimization
27 Account; and
28 ▸ makes technical and conforming 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 4-2-103, as last amended by Laws of Utah 2018, Chapter 200
36 4-14-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
37 4-18-106, as last amended by Laws of Utah 2019, Chapter 178
38 4-18-108, as last amended by Laws of Utah 2019, Chapter 178
39 4-19-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
40 4-24-202, as last amended by Laws of Utah 2021, Chapter 295
41 4-24-306, as last amended by Laws of Utah 2021, Chapter 295
42 4-24-308, as last amended by Laws of Utah 2020, Chapter 311
43 4-35-106, as last amended by Laws of Utah 2020, Chapter 326
44 4-37-109, as last amended by Laws of Utah 2020, Chapter 154
45 4-37-110, as last amended by Laws of Utah 2010, Chapter 378
46 4-37-201, as last amended by Laws of Utah 2017, Chapter 412
47 4-37-202, as last amended by Laws of Utah 2014, Chapter 189
48 4-37-203, as last amended by Laws of Utah 2017, Chapter 412
49 4-37-204, as last amended by Laws of Utah 2021, Chapter 295
50 4-37-301, as last amended by Laws of Utah 2017, Chapter 412
51 4-37-302, as last amended by Laws of Utah 2014, Chapter 189
52 4-37-303, as last amended by Laws of Utah 2010, Chapter 378
53 4-37-305, as last amended by Laws of Utah 2010, Chapter 378
54 4-37-401, as enacted by Laws of Utah 1994, Chapter 153
55 4-37-601, as enacted by Laws of Utah 1994, Chapter 153
56 4-37-602, as last amended by Laws of Utah 2010, Chapter 286
57 63I-1-273, as last amended by Laws of Utah 2021, Chapter 229
58 73-10g-204, as enacted by Laws of Utah 2018, Chapter 143
59
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 4-2-103 is amended to read:
62 4-2-103. Functions, powers, and duties of department -- Fees for services --
63 Marketing orders -- Procedure -- Purchasing and auditing.
64 (1) The department shall:
65 (a) inquire into and promote the interests and products of agriculture and allied
66 industries;
67 (b) promote methods for increasing the production and facilitating the distribution of
68 the agricultural products of the state;
69 (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
70 among livestock and the means for their prevention and cure; and
71 (ii) initiate, implement, and administer plans and programs to prevent the spread of
72 diseases among livestock;
73 (d) encourage experiments designed to determine the best means and methods for the
74 control of diseases among domestic and wild animals;
75 (e) issue marketing orders for any designated agricultural product to:
76 (i) promote orderly market conditions for any product;
77 (ii) give the producer a fair return on the producer's investment at the marketplace; and
78 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
79 commodities;
80 (f) administer and enforce all laws assigned to the department by the Legislature;
81 (g) establish standards and grades for agricultural products and fix and collect
82 reasonable fees for services performed by the department in conjunction with the grading of
83 agricultural products;
84 (h) establish operational standards for any establishment that manufactures, processes,
85 produces, distributes, stores, sells, or offers for sale any agricultural product;
86 (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
87 rules necessary for the effective administration of the agricultural laws of the state;
88 (j) when necessary, make investigations, subpoena witnesses and records, conduct
89 hearings, issue orders, and make recommendations concerning all matters related to
90 agriculture;
91 (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
92 private or public place that may become infested or infected with harmful insects, plant
93 diseases, noxious or poisonous weeds, or other agricultural pests;
94 (ii) establish and enforce quarantines;
95 (iii) issue and enforce orders and rules for the control and eradication of pests,
96 wherever they may exist within the state; and
97 (iv) perform other duties relating to plants and plant products considered advisable and
98 not contrary to law;
99 (l) inspect apiaries for diseases inimical to bees and beekeeping;
100 (m) take charge of any agricultural exhibit within the state, if considered necessary by
101 the department, and award premiums at that exhibit;
102 (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
103 Conservation Commission Act, and administer and disburse any funds available to assist
104 conservation districts in the state in the conservation of the state's soil and water resources;
105 (o) participate in the United States Department of Agriculture certified agricultural
106 mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
107 (p) promote and support the multiple use of public lands;
108 (q) ensure that any training or certification required of a public official or public
109 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
110 22, State Training and Certification Requirements, if the training or certification is required:
111 (i) under this title;
112 (ii) by the department; or
113 (iii) by an agency or division within the department; and
114 (r) perform any additional functions, powers, and duties provided by law.
115 (2) The department, by following the procedures and requirements of Section
116 63J-1-504, may adopt a schedule of fees assessed for services provided by the department.
117 (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
118 (i) the department gives notice of the proposed order to the producers and handlers of
119 the affected product;
120 (ii) the commissioner conducts a hearing on the proposed order; and
121 (iii) at least 50% of the registered producers and handlers of the affected products vote
122 in favor of the proposed order.
123 (b) (i) The department may establish boards of control to administer marketing orders
124 and the proceeds derived from any order.
125 (ii) A board of control shall:
126 (A) ensure that all proceeds are placed in an account in the board of control's name in a
127 depository institution; and
128 (B) ensure that the account is annually audited by an accountant approved by the
129 commissioner.
130 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
131 deposited into the General Fund as dedicated credits for the grain grading program.
132 (5) In fulfilling its duties in this chapter, the department may:
133 (a) purchase, as authorized or required by law, services that the department is
134 responsible to provide for legally eligible persons;
135 (b) take necessary steps, including legal action, to recover money or the monetary value
136 of services provided to a recipient who is not eligible;
137 (c) examine and audit the expenditures of any public funds provided to a local
138 authority, agency, or organization that contracts with or receives funds from those authorities or
139 agencies; [
140 (d) accept and administer grants from the federal government and from other sources,
141 public or private[
142 (e) fund grants using money appropriated by the Legislature or money received from
143 any other source.
144 Section 2. Section 4-14-103 is amended to read:
145 4-14-103. Registration required for distribution -- Application -- Fees -- Renewal
146 -- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
147 (1) (a) A person that is not registered with the department may not distribute a
148 pesticide in this state.
149 (b) Application for registration shall be made to the department upon forms prescribed
150 and furnished by the department accompanied with an annual registration fee determined by the
151 department pursuant to Subsection 4-2-103(2) for each pesticide registered.
152 (c) Upon receipt by the department of a proper application and payment of the
153 appropriate fee, the commissioner shall issue a registration to the applicant allowing
154 distribution of the registered pesticide in this state through June 30 of each year, subject to
155 suspension or revocation for cause.
156 (d) (i) Each registration is renewable for a period of one year upon the payment of an
157 annual registration renewal fee in an amount equal to the current applicable original
158 registration fee.
159 (ii) Each renewal fee shall be paid on or before June 30 of each year.
160 (2) The application shall include the following information:
161 (a) the name and address of the applicant and the name and address of the person
162 whose name will appear on the label, if other than the applicant's name;
163 (b) the name of the pesticide;
164 (c) a complete copy of the label that will appear on the pesticide; and
165 (d) any information prescribed by rule of the department considered necessary for the
166 safe and effective use of the pesticide.
167 (3) (a) [
168 registration shall be [
169 which the registrant's registration expires.
170 (b) If a registrant requests to receive forms for the renewal of registration by mail, the
171 department shall mail the forms to the registrant at least 30 days before the day on which the
172 registrant's registration expires.
173 [
174 filed and the registration fee tendered shall continue in effect until the applicant is notified
175 either that the registration is renewed or that the registration is suspended or revoked pursuant
176 to Section 4-14-108.
177 (4) The department may, before approval of any registration, require the applicant to
178 submit the complete formula of any pesticide, including active and inert ingredients, and may
179 also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
180 which restrictions are being considered, require a complete description of all tests and test
181 results that support the claims made by the applicant or the manufacturer of the pesticide.
182 (5) A registrant who desires to register a pesticide to meet special local needs
183 according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
184 (2), satisfy the department that:
185 (a) a special local need exists;
186 (b) the pesticide warrants the claims made for the pesticide;
187 (c) the pesticide, if used in accordance with commonly accepted practices, will not
188 cause unreasonable adverse effects on the environment; and
189 (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
190 (6) A registration is not required for a pesticide distributed in this state pursuant to an
191 experimental use permit issued by the EPA or under Section 4-14-105.
192 (7) A pesticide dealer may not distribute a restricted use pesticide in this state without a
193 license.
194 (8) A person shall receive a license before applying:
195 (a) a restricted use pesticide; or
196 (b) a general use pesticide for hire or in exchange for compensation.
197 (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
198 by:
199 (i) submitting an application on a form provided by the department;
200 (ii) showing evidence of competence in the pesticide profession, as established by rule,
201 and complying with the rules adopted by the department under this chapter;
202 (iii) demonstrating good character;
203 (iv) having no outstanding infractions and owing no money to the department; and
204 (v) paying the license fee determined by the department according to Subsection
205 4-2-103(2).
206 (b) A person may apply for a triennial license that expires on December 31 of the
207 second calendar year after the calendar year in which the license is issued.
208 (c) Notwithstanding Section 63J-1-504, the department shall retain the fees as
209 dedicated credits and may only use the fees to administer and enforce this title.
210 Section 3. Section 4-18-106 is amended to read:
211 4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund
212 money -- Advisory board.
213 (1) As used in this section:
214 (a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire,
215 that results in:
216 (i) the president of the United States declaring an emergency or major disaster in the
217 state;
218 (ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
219 Disaster Response and Recovery Act; or
220 (iii) the chief executive officer of a local government declaring a local emergency
221 under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
222 (b) "Local government" means the same as that term is defined in Section 53-2a-602.
223 [
224 Development Fund.
225 [
226 (a) money appropriated to [
227 (b) sales and use tax receipts transferred to the fund in accordance with Section
228 59-12-103;
229 (c) money received for the repayment of loans made from the fund;
230 (d) money made available to the state for agriculture resource development from any
231 source; and
232 (e) interest earned on the fund.
233 [
234 Development Fund for [
235 (a) a rangeland improvement and management project;
236 (b) a watershed protection or flood prevention project;
237 (c) a soil and water conservation project;
238 (d) a program designed to promote energy efficient farming practices;
239 (e) an improvement program for agriculture product storage or program designed to
240 protect a crop or animal resource;
241 (f) a hydroponic or aquaponic system; [
242 (g) a project or program to improve water quality [
243 (h) a project to address other environmental issues[
244 (i) subject to Subsection (5), a disaster relief program designed to aid the sustainability
245 of agriculture during and immediately following a disaster.
246 (5) (a) Loans made through a disaster relief program described in Subsection (4)(i) may
247 not comprise more than 10% of the funds appropriated by the Legislature to the Agriculture
248 Resource Development Fund.
249 (b) Notwithstanding Subsection (5)(a), the department may use all money appropriated
250 to the Agriculture Resource Development Fund by the Legislature or another source, without
251 limitation, if the money is appropriated specifically for use in a disaster relief program.
252 (c) (i) Until December 31, 2024, the department is authorized to borrow up to
253 $3,000,000 of General Fund appropriations from the Agricultural Water Optimization Account
254 created in Section 73-10g-204 to be used in making loans through a disaster relief program
255 described in Subsection (4)(i).
256 (ii) If the department borrows from the Agricultural Water Optimization Account
257 under Subsection (5)(c)(i), the department shall deposit the repayment of principal and interest
258 on loans made through a disaster relief program, regardless of the source of the funds used to
259 make those loans, into the Agricultural Water Optimization Account, with preference over the
260 repayment of any other source of funds, until the Agricultural Water Optimization Account is
261 repaid in full.
262 [
263 (a) oversee the award process for loans, as described in this section;
264 (b) approve loans; and
265 (c) recommend policies and procedures for the Agriculture Resource Development
266 Fund that are consistent with statute.
267 Section 4. Section 4-18-108 is amended to read:
268 4-18-108. Grants for environmental improvement projects -- Criteria for award
269 -- Duties of commission.
270 (1) The commission may make a grant from the Agriculture Resource Development
271 Fund, or from funds appropriated by the federal government, Legislature, or another entity, to
272 an eligible entity, as defined by the department by rule made in accordance with Title 63G,
273 Chapter 3, Utah Administrative Rulemaking Act, for:
274 [
275 [
276
277 [
278 cooperation and coordination with a local weed board;
279 [
280 water runoff, or address other environmental issues on [
281 including the costs of preparing or implementing a nutrient management plan; [
282 [
283 (d) the development of watershed plans; or
284 (e) a program to address other environmental issues.
285 [
286
287 [
288 (i) the ability of the grantee to pay for the costs of proposed plans or projects;
289 (ii) the availability of:
290 (A) matching funds provided by the grantee or another source; or
291 (B) material, labor, or other items of value provided in lieu of money by the grantee or
292 another source; and
293 (iii) the benefits that accrue to the general public by the awarding of a grant.
294 (b) The commission may establish by rule additional criteria for the awarding of a
295 grant.
296 [
297 Utah Administrative Rulemaking Act, to implement this section.
298 [
299 (a) assist with the grant process;
300 (b) make recommendations to the commission regarding grants; and
301 (c) establish policies and procedures for awarding loans or grants [
302
303 Section 5. Section 4-19-105 is amended to read:
304 4-19-105. Utah Rural Rehabilitation Fund.
305 (1) The department shall deposit all income generated from the administration of the
306 rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund."
307 (2) The [
308 Rehabilitation Fund and record all debits and credits made to the fund by the department.
309 (3) The Office of the Treasurer shall deposit interest and other earnings derived from
310 investment of money in the Utah Rural Rehabilitation Fund into the fund.
311 Section 6. Section 4-24-202 is amended to read:
312 4-24-202. Recordation of brand.
313 (1) (a) Application for a recorded brand shall be made to the department upon forms
314 prescribed and furnished by the department.
315 (b) The application shall contain the [
316 following information:
317 (i) the name of each applicant;
318 (ii) a single designated address where the department will send a notice of brand
319 renewal; and
320 (iii) a description of the brand that is the subject of the application.
321 (c) An application may not be approved without payment of the appropriate recording
322 fee.
323 (d) Upon receipt of a proper application, payment of the recording fee, and recordation
324 of the brand in the central Brand Registry of the department, the commissioner shall issue the
325 applicant a certified copy of recording that entitles the applicant to the exclusive use of the
326 brand recorded.
327 (2) (a) A recorded brand filed with the central Brand Registry expires during the
328 calendar year 1980, and during each fifth year thereafter.
329 (b) (i) The department shall [
330
331 reasonable time before the date of expiration of recordation.
332 (ii) The notice required by this Subsection (2)(b) may be provided by email or regular
333 mail at the department's discretion.
334 (iii) The holder of a registered brand has an affirmative duty to inform the department
335 of a change to the contact information provided on the initial application for a recorded brand.
336 (c) Brand renewal is affected by filing an appropriate application with the department
337 together with payment of the renewal fee.
338 (d) A recorded brand, not timely renewed, shall lapse and be removed from the central
339 Brand Registry.
340 Section 7. Section 4-24-306 is amended to read:
341 4-24-306. Movement across state line -- Brand inspection required -- Exception --
342 Request for brand inspection -- Time and place of inspection.
343 (1) Except as provided in Subsection (2), a person may not drive or transport any cattle,
344 calves, horses, domesticated elk, or mules from any place within this state to a place outside
345 this state until the animal has been brand inspected.
346 (2) Subsection (1) does not apply:
347 (a) if the animals specified in Subsection (1) customarily forage on an open range
348 which transgresses the Utah state line and that of an adjoining state[
349 (b) to rodeo stock that have received a current yearly brand inspection.
350 (3) The owner or person responsible for driving or transporting the animals shall
351 request the department to inspect the brands of the animals to be moved.
352 (4) The department shall conduct the inspection at the time and place determined by
353 the department.
354 Section 8. Section 4-24-308 is amended to read:
355 4-24-308. Brand inspection fees.
356 (1) The department with the approval of the Livestock Brand Board may set and collect
357 a fee for the:
358 (a) issuance of any certificate of brand inspection, including a yearly brand inspection
359 of rodeo stock;
360 (b) verification of ownership at a custom exempt slaughter facility before slaughter for
361 the owner's use;
362 (c) verification of ownership by a farm custom slaughter licensee before slaughter for
363 the owner's use; or
364 (d) verification of ownership by a state or department employee at a meat
365 establishment where there is no transfer of ownership.
366 (2) Brand inspection fees incurred for the inspection of such animals at a livestock
367 market may be withheld by the market and paid from the proceeds derived from their sale.
368 (3) The fee shall be determined by the department pursuant to Subsection 4-2-103(2).
369 Section 9. Section 4-35-106 is amended to read:
370 4-35-106. Plant Pest Fund.
371 (1) There is created an expendable special revenue fund known as the "Plant Pest
372 Fund."
373 (2) The fund is funded from:
374 (a) money the plant industry division within the department receives under this title;
375 (b) the landowner's and lessee's share of costs, if required by rule made by the
376 department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
377 (c) appropriations from the Legislature;
378 (d) federal money deposited into the fund; and
379 (e) the interest and earnings on the fund.
380 (3) The department may only use money in the fund to fund survey, detection,
381 eradication, or suppression efforts for plant pests with the exception designated in Subsection
382 (4).
383 (4) The department may annually use an amount not to exceed the lesser of the
384 following [
385 costs to carry out the department's duties under this chapter:
386 (a) 10% of the fund annually; or
387 (b) $300,000.
388 (5) (a) The fund may not exceed $10,000,000 of money deposited under Subsections
389 (2)(a), (c), and (e).
390 (b) The Division of Finance shall transfer the money described in Subsection (5)(a) in
391 excess of $10,000,000 at the end of a fiscal year into the General Fund.
392 (6) Federal money deposited into the fund shall be accounted for separately.
393 (7) Fund money may be used as matching funds for participation in programs of the
394 United States Department of Agriculture for survey, detection, eradication, or suppression
395 efforts of plant pests.
396 Section 10. Section 4-37-109 is amended to read:
397 4-37-109. Department to make rules.
398 (1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
399 Administrative Rulemaking Act:
400 (a) specifying procedures for the application and renewal of [
401
402 (b) governing the disposal or removal of aquatic animals from an aquaculture or fee
403 fishing facility for which the [
404 (2) (a) The department may make other rules consistent with its responsibilities set
405 forth in Section 4-37-104.
406 (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
407 be consistent with the suggested procedures for the detection and identification of pathogens
408 published by the American Fisheries Society's Fish Health Section.
409 Section 11. Section 4-37-110 is amended to read:
410 4-37-110. Inspection of records and facilities.
411 (1) The following records and information shall be maintained by an aquaculture or fee
412 fishing facility for a period of two years and shall be available for inspection by a department
413 representative during reasonable hours:
414 (a) records of purchase, acquisition, distribution, and production histories of aquatic
415 animals;
416 (b) [
417 (c) valid identification of stocks, including origin of stocks.
418 (2) Department representatives may conduct pathological, fish culture, or physical
419 investigations at any aquaculture, public aquaculture, or fee fishing facility during reasonable
420 hours.
421 Section 12. Section 4-37-201 is amended to read:
422 4-37-201. License required to operate an aquaculture facility.
423 (1) A person may not operate an aquaculture facility without first obtaining a
424 [
425 (2) (a) Each application for a [
426 aquaculture facility shall be accompanied by a fee.
427 (b) The fee shall be established by the department in accordance with Section
428 63J-1-504.
429 (3) The department shall coordinate with the Division of Wildlife Resources:
430 (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
431 aquatic animal populations; and
432 (b) in determining which species the holder of the [
433 may propagate, possess, transport, or sell.
434 (4) The department shall list on the [
435 which the holder may propagate, possess, transport, or sell.
436 Section 13. Section 4-37-202 is amended to read:
437 4-37-202. Acquisition of aquatic animals for use in aquaculture facilities.
438 (1) Live aquatic animals intended for use in aquaculture facilities may be purchased or
439 acquired only from:
440 (a) aquaculture facilities within the state that have a [
441 and health approval number;
442 (b) public aquaculture facilities within the state that have a health approval number; or
443 (c) sources outside the state that are health approved as provided in Part 5, Health
444 Approval.
445 (2) A person holding a [
446 shall submit annually to the department a record of each purchase of live aquatic animals and
447 transfer of live aquatic animals into the facility. This record shall include the following
448 information:
449 (a) name, address, and health approval number of the source;
450 (b) date of transaction; and
451 (c) number and weight by species.
452 (3) The records required by Subsection (2) shall be submitted to the department before
453 a [
454 license is issued.
455 Section 14. Section 4-37-203 is amended to read:
456 4-37-203. Transportation of aquatic animals to or from aquaculture facilities.
457 (1) Any person holding a [
458 may transport the live aquatic animals specified on the [
459 facility or to any person who has been issued a [
460 otherwise authorized by law to possess those aquatic animals.
461 (2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility
462 within the state shall be accompanied by documentation of the source and destination of the
463 fish, including:
464 (a) name, address, [
465 number of the source;
466 (b) number and weight being shipped, by species;
467 (c) name of the recipient;
468 (d) address of the destination; and
469 (e) (i) [
470 (ii) location of the private fish pond or short-term fishing event when authorized to
471 receive the aquatic animal without a certificate of registration under Division of Wildlife
472 Resources rules.
473 Section 15. Section 4-37-204 is amended to read:
474 4-37-204. Sale of aquatic animals from aquaculture facilities.
475 (1) (a) Except as provided by Subsection (1)(c) and subject to Subsection (1)(b), a
476 person holding a [
477 aquatic animal as approved on the [
478 time and offer the aquatic animal for sale.
479 (b) A live aquatic animal may be sold within Utah only to a person who:
480 (i) has been issued a [
481 or
482 (ii) is eligible to receive the aquatic animal without a certificate of registration under
483 Wildlife Board rules.
484 (c) A person who owns or operates an aquaculture facility may sell live aquatic animals
485 if the person:
486 (i) obtains a health approval number for the aquaculture facility;
487 (ii) inspects the pond or holding facility to verify that the pond or facility is in
488 compliance with Subsections 23-15-10(2) and (3)(c); and
489 (iii) stocks the species and reproductive capability of aquatic animals authorized by the
490 Wildlife Board in accordance with Section 23-15-10 for stocking in the area where the pond or
491 holding facility is located.
492 (2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
493 facility shall be accompanied by the seller's receipt that contains the following information:
494 (a) date of transaction;
495 (b) name, address, [
496 number;
497 (c) number and weight of aquatic animal by:
498 (i) species; and
499 (ii) reproductive capability; and
500 (d) name and address of the receiver.
501 (3) (a) A person holding a [
502 shall submit to the department an annual report of each sale of live aquatic animals or each
503 transfer of live aquatic animals in Utah. The department shall forward the report to the Division
504 of Wildlife Resources. The department or Division of Wildlife Resources may request copies
505 of receipts from an aquaculture facility.
506 (b) The report shall contain the following information:
507 (i) name, address, and [
508 supplier;
509 (ii) number and weight of aquatic animals by species and reproductive capacity;
510 (iii) date of sale or transfer; and
511 (iv) name, address, phone number, and [
512 the receiver.
513 (4) Geographic coordinates of the stocking location shall be provided if the receiver is
514 eligible to stock the aquatic animal without a certificate of registration under Wildlife Board
515 rules.
516 (5) A report required by Subsection (3) shall be submitted before:
517 (a) a [
518
519 (b) a health approval number is issued.
520 Section 16. Section 4-37-301 is amended to read:
521 4-37-301. License required to operate a fee fishing facility.
522 (1) A person may not operate a fee fishing facility without first obtaining a [
523
524 (2) (a) Each application for a [
525 facility shall be accompanied by a fee.
526 (b) The fee shall be established by the department in accordance with Section
527 63J-1-504.
528 (3) The department shall coordinate with the Division of Wildlife Resources:
529 (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
530 aquatic animal populations; and
531 (b) in determining which species the holder of the [
532 may possess or transport to or stock into the facility.
533 (4) The department shall list on the [
534 which the holder may possess or transport to or stock into the facility.
535 (5) A person holding a [
536 may also operate a fee fishing facility without obtaining an additional [
537
538 (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected
539 with the aquaculture facility;
540 (b) contains only those aquatic animals specified on the [
541 license for the aquaculture facility; and
542 (c) is designated on the [
543 Section 17. Section 4-37-302 is amended to read:
544 4-37-302. Acquisition of aquatic animals for use in fee fishing facilities.
545 (1) Live aquatic animals intended for use in fee fishing facilities may be purchased or
546 acquired only from:
547 (a) aquaculture facilities within the state that have a [
548 and health approval number;
549 (b) public aquaculture facilities within the state that have a health approval number; or
550 (c) sources outside the state that are health approved pursuant to Part 5, Health
551 Approval.
552 (2) (a) A person holding a [
553 shall submit to the department an annual report of all live fish purchased or acquired.
554 (b) The report shall contain the following information:
555 (i) name, address, and [
556 supplier;
557 (ii) number and weight by species;
558 (iii) date of purchase or transfer; and
559 (iv) name, address, and [
560 (c) The report shall be submitted to the department before a [
561 license is renewed or a subsequent [
562 Section 18. Section 4-37-303 is amended to read:
563 4-37-303. Transportation of live aquatic animals to fee fishing facilities.
564 (1) Any person holding a [
565 may transport the live aquatic animals specified on the [
566 facility.
567 (2) Each transfer or shipment of live aquatic animals to a fee fishing facility within the
568 state shall be accompanied by documentation of the source and destination of the fish,
569 including:
570 (a) name, address, [
571 number of the source;
572 (b) number and weight being shipped by species; and
573 (c) name, address, and [
574 Section 19. Section 4-37-305 is amended to read:
575 4-37-305. Fishing license not required to fish at fee fishing facilities --
576 Transportation of dead fish.
577 (1) A fishing license is not required to take fish from fee fishing facilities.
578 (2) To transport dead fish from fee fishing facilities the fish shall be accompanied by
579 the seller's receipt containing the following information:
580 (a) species and number of fish;
581 (b) date caught;
582 (c) [
583 (d) name, address, and telephone number of the seller.
584 Section 20. Section 4-37-401 is amended to read:
585 4-37-401. License required to import aquatic animals for aquaculture or fee
586 fishing facilities.
587 (1) A person may not import aquatic animals classified as controlled species by rules of
588 the Wildlife Board into the state for use in aquaculture or fee fishing facilities without first
589 obtaining a [
590 (2) The department shall:
591 (a) coordinate with the Division of Wildlife Resources in determining which species
592 the holder may import into the state; and
593 (b) specify those species on the [
594 (3) A person may not import species into the state that are not listed on the [
595
596 Section 21. Section 4-37-601 is amended to read:
597 4-37-601. Enforcement and penalties.
598 (1) Any violation of this chapter is a class B misdemeanor and may be grounds for
599 revocation of the [
600
601 (2) A violation of any rule made under this chapter may be grounds for revocation of
602 the [
603 determined by the department.
604 Section 22. Section 4-37-602 is amended to read:
605 4-37-602. Adjudicative proceedings -- Presiding officer.
606 (1) Adjudicative proceedings under this chapter shall be conducted in accordance with
607 Title 63G, Chapter 4, Administrative Procedures Act.
608 (2) The revocation of an aquaculture facility's [
609 denial of an aquaculture facility's future [
610 cancellation of an aquaculture facility's health approval number is a state agency action
611 governed by Title 63G, Chapter 4, Administrative Procedures Act.
612 (3) (a) An owner or operator of an aquaculture facility may ask for an agency review,
613 as provided by Section 63G-4-301, of an agency action specified in Subsection (2).
614 (b) The presiding officer, as defined in Section 63G-4-103, conducting the agency
615 review shall consist of three members as follows:
616 (i) the person representing sport fishermen, appointed under Subsection
617 4-37-503(4)(a)(i)(C);
618 (ii) one person representing the aquaculture industry, appointed by the governor from
619 names submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes the
620 efficient production, distribution, and marketing of aquaculture products and the welfare of all
621 persons engaged in aquaculture; and
622 (iii) one person, appointed by the governor, who is knowledgeable about aquatic
623 diseases and is employed by an institution of higher education.
624 (c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the
625 recommending nonprofit corporation shall submit additional names.
626 (d) The final decision of the presiding officer shall be adopted upon approval of at least
627 two of the members.
628 (e) The term for the member listed in Subsection (3)(b)(i) shall be the same as provided
629 in Section 4-37-503.
630 (f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be
631 four years.
632 (4) A member may not receive compensation or benefits for the member's service, but
633 may receive per diem and travel expenses in accordance with:
634 (a) Section 63A-3-106;
635 (b) Section 63A-3-107; and
636 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
637 63A-3-107.
638 Section 23. Section 63I-1-273 is amended to read:
639 63I-1-273. Repeal dates, Title 73.
640 (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
641 January 1, 2031.
642 (2) In relation to Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, [
643
644 (a) Section 73-10g-202 is repealed; and
645 (b) Section 73-10g-203 is repealed.
646 (3) Section 73-18-3.5, which creates the Boating Advisory Council, is repealed July 1,
647 2024.
648 (4) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July 1,
649 2027.
650 (5) In relation to Title 73, Chapter 31, Water Banking Act, on December 31, 2030:
651 (a) Subsection 73-1-4(2)(e)(xi) is repealed;
652 (b) Subsection 73-10-4(1)(h) is repealed; and
653 (c) Title 73, Chapter 31, Water Banking Act, is repealed.
654 Section 24. Section 73-10g-204 is amended to read:
655 73-10g-204. Agricultural Water Optimization Account.
656 (1) As used in this section:
657 (a) "Account" means the Agricultural Water Optimization Account created in
658 Subsection (2).
659 (b) "Agricultural water optimization" means the implementation of agricultural and
660 water management practices that maintain or increase viable agriculture while minimizing
661 negative impacts on water supply, water quality, and the environment.
662 (c) "Department" means the Department of Agriculture and Food.
663 (2) There is created a restricted account within the General Fund called the Agricultural
664 Water Optimization Account.
665 [
666 (a) appropriations from the Legislature [
667 (b) federal funds; and
668 (c) grants or donations from other public or private sources.
669 [
670
671
672 (4) Subject to appropriation, the department may use money in the account to issue
673 grants to improve agricultural water optimization.
674 (5) Until December 31, 2024, the department may loan up to $3,000,000 of General
675 Fund money in the account to the Agriculture Resource Development Fund, subject to the
676 conditions described in Section 4-18-106.
677 (6) (a) The department shall maintain the Agriculture Water Optimization Account and
678 record all debits and credits made to the account by the department.
679 (b) The Office of the Treasurer shall deposit interest and other earnings derived from
680 investment of money in the Agriculture Water Optimization Account into the account.
681 Section 25. Effective date.
682 If approved by two-thirds of all the members elected to each house, this bill takes effect
683 upon approval by the governor, or the day following the constitutional time limit of Utah
684 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
685 the date of veto override.