23A-9 - Aquatic Wildlife

Title 23A > 23A-9

Sections (10)

General Provisions

23A-9-101 - Definitions.

Reserved.

Operations

23A-9-201 - Screens or other devices required — Failure to install after notice a misdemeanor.

23A-9-201(1) A person may not take water from the state streams, lakes, or reservoirs for power purposes, or for waterworks, without first furnishing and maintaining suitable screens or other devices to prevent fish from entering the power plants, millraces, or waterworks system. 23A-9-201(2) A screen or other device is to be built and maintained under the direction of the Wildlife Board and at the expense of the owner or operator. 23A-9-201(3) A person who fails to install a screen or device within 30 days after the Wildlife Board gives notice in writing to install the screen or device is guilty of a class B misdemeanor.

23A-9-202 - Notice of intention to drain or divert waterway.

23A-9-202(1) A person owning or controlling an irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into a state waterway containing protected aquatic wildlife shall provide the notice described in Subsection (2) if the person:

desires to drain the waterway; or intends to divert sufficient water from a state waterway endangering the protected aquatic wildlife in the state waterway. 23A-9-202(2) If the conditions described in Subsection (1) are met, the person shall give five days’ written notice to the division before the diversion except that under emergency conditions the person shall give reasonable notice.

23A-9-203 - Private fish pond.

23A-9-203(1) A private fish pond is not required to obtain a certificate of registration from the division to receive fish from an aquaculture facility if:

the pond is properly screened as provided in Subsection (3)(c); and the fish species being stocked is authorized by this chapter or rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 23A-9-203(2) Except as provided in Subsection (2)(b), a private fish pond or a short-term fishing event may not be developed or held on: a natural lake; a natural flowing stream; or a reservoir constructed on a natural stream channel. The division may authorize a private fish pond on a natural lake or reservoir constructed on a natural stream channel upon inspecting and determining: the pond and inlet source of the pond neither contain wild game fish nor are likely to support wild game fish in the future; the pond and the pond’s intended use will not jeopardize conservation of aquatic wildlife populations or lead to the privatization or commercialization of aquatic wildlife; the pond is properly screened as provided in Subsection (3)(c) and otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and applicable law; and the pond is not vulnerable to flood or high water events capable of compromising the pond’s inlet or outlet screens allowing escapement of privately owned fish into waters of the state. An authorization issued by the division under Subsection (2)(b) shall be in the form of a certificate of registration. 23A-9-203(3) A person who owns or operates a private fish pond may receive a fish from an aquaculture facility if:

the aquaculture facility has a health approval number required by Section 4-37-501; the species, strain, and reproductive capability of the fish is authorized by the Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish pond is located; the private fish pond is screened in accordance with the Wildlife Board’s rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prevent the fish from moving into or out of the private fish pond; the fish is not: released from the private fish pond; or transported live to another location; and the person provides the aquaculture facility with a signed statement that the private fish pond is in compliance with this section. 23A-9-203(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules that:

specify the screen requirements to prevent the movement of fish into or out of the private fish pond; specify the fish species that may not be stocked in a private fish pond located in the state; establish a location or region where a specified species, strain, and reproductive capability of fish may be stocked in a private fish pond; and specify procedures and requirements for authorizing development of a private fish pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111. 23A-9-203(5) The division may inspect a private fish pond to verify compliance with this section and rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

23A-9-204 - Operation of aquaculture and fee fishing facilities.

A person may engage in the following activities as provided by Title 4, Chapter 37, Aquaculture Act , and rules adopted under that chapter by the Department of Agriculture and Food and Wildlife Board: 23A-9-204(1) acquisition, importation, or possession of aquatic animals intended for use in an aquaculture or fee fishing facility; 23A-9-204(2) transportation of aquatic animals to or from an aquaculture facility or to a fee fishing facility; 23A-9-204(3) stocking or propagation of aquatic animals in an aquaculture or fee fishing facility; and 23A-9-204(4) harvest, transfer, or sale of aquatic animals from an aquaculture or fee fishing facility.

Prohibitions

23A-9-301 - Diversion of water prohibited — Exception for flood control.

23A-9-301(1) Except as provided in Subsection (2), a person may not, without existing rights, divert so much water from a natural stream, lake, pond, or natural lake or pond, the natural storage content of which has been increased by the construction of a dam, that the diversion unduly endangers protected aquatic wildlife. 23A-9-301(2) A person may divert waters in a manner that would otherwise violate Subsection (1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm and flood waters.

23A-9-302 - Pollution of waters unlawful.

23A-9-302(1) A person may not pollute waters:

the Wildlife Board considers necessary for wildlife purposes; or containing protected aquatic wildlife and stoneflies (Plecoptera), mayflies (Ephemoptera), dragonflies and damsel flies (Odonata), water bugs (Hemiptera), caddis flies (Trichoptera), spongilla flies (Neuroptera), and crustaceans. 23A-9-302(2) Each day of pollution constitutes a separate offense.

23A-9-303 - Taking protected aquatic wildlife or eggs unlawful except as authorized.

A person may not take protected aquatic wildlife or eggs of aquatic wildlife in the waters of this state, except as provided by this title or the rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act .

23A-9-304 - Seining or selling aquatic wildlife unlawful except as authorized.

Except as prescribed by this title or rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , a person may not seine: 23A-9-304(1) for any kind of protected aquatic wildlife in the waters of this state; or 23A-9-304(2) to sell protected aquatic wildlife.

23A-9-305 - Possession or transportation of live aquatic wildlife unlawful except as authorized — Exceptions.

23A-9-305(1) A person may not possess or transport live protected aquatic wildlife except as provided by this title or the rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 23A-9-305(2) This section does not apply to tropical and goldfish species intended for exhibition or commercial purposes. 23A-9-305(3) An operator of a properly registered private fish pond may transport live aquatic wildlife specified by the Wildlife Board in the operator’s certificate of registration.