Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 315 First Substitute (2017GS)

Sponsor

Rep. Froerer, G.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies definitions;
• creates the Private Aquaculture Advisory Council;
• states that the Department of Agriculture and Food shall consider the recommendations of the Private Aquaculture Advisory Council when adopting rules;
• modifies the documentation requirements for a transfer or shipment of live aquatic animals;
• states that the Division of Wildlife Resources may authorize:
• an aquaculture facility, public aquaculture facility, or fee fishing facility upon a natural lake or reservoir constructed on a natural stream channel under certain circumstances; and
• a private fish pond on a natural lake or reservoir constructed on a natural stream channel under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

AQUACULTURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
D. Gregg Buxton
LONG TITLE
General Description:
This bill modifies provisions regarding aquaculture.
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ creates the Private Aquaculture Advisory Council;
▸ states that the Department of Agriculture and Food shall consider the
recommendations of the Private Aquaculture Advisory Council when adopting
rules;
▸ modifies the documentation requirements for a transfer or shipment of live aquatic
animals;
▸ states that the Division of Wildlife Resources may authorize:
• an aquaculture facility, public aquaculture facility, or fee fishing facility upon a
natural lake or reservoir constructed on a natural stream channel under certain
circumstances; and
• a private fish pond on a natural lake or reservoir constructed on a natural stream
channel under certain circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-37-103
, as last amended by Laws of Utah 2008, Chapter 69
4-37-104
, as last amended by Laws of Utah 1998, Chapter 302
4-37-105
, as last amended by Laws of Utah 1998, Chapter 302
4-37-108
, as last amended by Laws of Utah 1998, Chapter 302
4-37-109
, as last amended by Laws of Utah 2010, Chapter 378
4-37-111
, as enacted by Laws of Utah 1994, Chapter 153
4-37-201
, as last amended by Laws of Utah 2009, Chapter 183
4-37-203
, as last amended by Laws of Utah 2010, Chapter 378
4-37-204
, as last amended by Laws of Utah 2010, Chapter 378
4-37-301
, as last amended by Laws of Utah 2009, Chapter 183
23-13-2
, as last amended by Laws of Utah 2011, Chapter 297
23-14-3
, as last amended by Laws of Utah 1995, Chapter 211
23-15-10
, as last amended by Laws of Utah 2008, Chapter 69
ENACTS:
23-14-2.8
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-37-103
 is amended to read:
4-37-103.
Definitions.
As used in this chapter:
(1) "Aquaculture" means the controlled cultivation of aquatic animals.
(2) (a) (i) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream
reservoir, or other structure used for aquaculture.
(ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishing
facility.
(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are
modified to drain to, different drainages, are considered separate aquaculture facilities
regardless of ownership.
(3) (a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean,
or amphibian.
(b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a).
(4) "Fee fishing facility" means a body of water used for holding or rearing fish for the
purpose of providing fishing for a fee or for pecuniary consideration or advantage.
(5) "Natural flowing stream" means the same as that term is defined in Section
23-13-2
.
(6) "Natural lake" means the same as that term is defined in Section 
23-13-2
.
[
(5) (a)
] 
(7)
 "Private fish pond" means [
a body of water where privately owned fish are
propagated or kept for a noncommercial purpose
] 
the same as that term is defined in Section
23-13-2
.
[
(b) "Private fish pond" does not include any aquaculture facility or fee fishing
facility.
]
[
(6)
] 
(8)
 "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream
reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S.
Fish and Wildlife Service, 
a mosquito abatement district,
 or an institution of higher education.
[
(7)
] 
(9)
 "Public fishery resource" means fish produced in public aquaculture facilities
and wild and free ranging populations of fish in the surface waters of the state.
(10) "Reservoir constructed on a natural stream channel" means the same as that term
is defined in Section 
23-13-2
.
(11) "Short-term fishing event" means the same as that term is defined in Section
23-13-2
.
Section 2. Section 
4-37-104
 is amended to read:
4-37-104.
Department's responsibilities.
(1) The department is responsible for[
:
] 
enforcing laws and rules made by the Wildlife
Board governing species of aquatic animals which may be imported into the state or possessed
or transported within the state that are applicable to aquaculture or fee fishing facilities and the
promotion of the state's aquaculture industry.
[
(a) the marketing and promotion of the state's aquaculture industry; and
]
[
(b) enforcing laws and rules made by the Wildlife Board governing species of aquatic
animals which may be imported into the state or possessed or transported within the state that
are applicable to aquaculture or fee fishing facilities.
]
(2) Subject to the policies and rules of the Fish Health Policy Board, the department
shall:
(a) act to prevent the outbreak and act to control the spread of disease-causing
pathogens among aquatic animals in aquaculture and fee fishing facilities; and
(b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
be deposited in, or harvested from aquaculture or fee fishing facilities to 
wild
 aquatic [
wildlife
]
animals
, other animals, and humans.
Section 3. Section 
4-37-105
 is amended to read:
4-37-105.
Responsibilities of Wildlife Board and Division of Wildlife Resources.
(1) The Wildlife Board and Division of Wildlife Resources are responsible for 
determining the species of aquatic animals which may be imported into, possessed, and
transported within the state.
(2) Subject to the policies and rules of the Fish Health Policy Board, the Wildlife
Board and the Division of Wildlife Resources shall:
(a) act to prevent the outbreak and act to control the spread of disease-causing
pathogens among aquatic animals in public aquaculture facilities; and
(b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
be deposited in, or harvested from public aquaculture facilities and private ponds to 
wild
aquatic [
wildlife
] 
animals
, other animals, and humans.
Section 4. Section 
4-37-108
 is amended to read:
4-37-108.
Prohibited activities.
(1) Except as provided in this chapter, in the rules of the department made pursuant to
Section 
4-37-109
, rules of the Fish Health Policy Board made pursuant to Section 
4-37-503
, or
in the rules of the Wildlife Board governing species of aquatic animals which may be imported
into, possessed, [
or
] transported
, or released
 within the state, a person may not:
(a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee
fishing facility;
(b) transport aquatic animals to or from an aquaculture or fee fishing facility;
(c) stock or propagate aquatic animals in an aquaculture or fee fishing facility; [
or
]
(d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing
facility[
.
]
; or
(e) release aquatic animals into the waters of the state.
(2) If a person commits an act in violation of Subsection (1) and that same act
constitutes wanton destruction of protected wildlife as provided in Section 
23-20-4
, the person
is guilty of a violation of Section 
23-20-4
.
Section 5. Section 
4-37-109
 is amended to read:
4-37-109.
Department to make rules.
(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) specifying procedures for the application and renewal of certificates of registration
for operating an aquaculture or fee fishing facility; and
(b) governing the disposal or removal of aquatic animals from an aquaculture or fee
fishing facility for which the certificate of registration has lapsed or been revoked.
(2) (a) The department may make other rules consistent with its responsibilities set
forth in Section 
4-37-104
.
(b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
be consistent with the suggested procedures for the detection and identification of pathogens
published by the American Fisheries Society's Fish Health Section.
(3) (a) The department shall consider the recommendations of the Private Aquaculture
Advisory Council established in Section 
23-14-2.8
 when adopting rules under Subsection (1).
(b) If the Private Aquaculture Advisory Council recommends a position or action to the
department pursuant to Section 
23-14-2.8
 and the department rejects the recommendation, the
department shall provide a written explanation to the council.
Section 6. Section 
4-37-111
 is amended to read:
4-37-111.
Prohibited sites.
[
Aquaculture and fee fishing facilities
] 
(1) Except as provided in Subsection (2), an
aquaculture facility or a fee fishing facility
 may not be developed on:
[
(1)
] 
(a) a
 natural [
lakes
] 
lake
;
[
(2)
] 
(b) a
 natural flowing [
streams
] 
stream
; or
[
(3) reservoirs
] 
(c) a reservoir
 constructed on 
a
 natural stream [
channels
] 
channel
.
(2) The Division of Wildlife Resources may authorize an aquaculture facility, public
aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural
stream channel upon inspecting and determining:
(a) the facility and inlet source of the facility neither contain wild game fish nor are
likely to support such species in the future;
(b) the facility and the facility's intended use will not jeopardize conservation of
aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife;
(c) the facility is properly screened as provided in Subsection 
23-15-10
(3)(c) and
otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and
applicable law; and
(d) the facility is not vulnerable to flood or high water events capable of compromising
the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters
of the state.
(3) Any authorization issued by the Division of Wildlife Resources under Subsection
(2) shall be in the form of a certificate of registration.
Section 7. Section 
4-37-201
 is amended to read:
4-37-201.
Certificate of registration required to operate an aquaculture facility.
(1) A person may not operate an aquaculture facility without first obtaining a certificate
of registration from the department.
(2) (a) Each application for a certificate of registration to operate an aquaculture
facility shall be accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section
63J-1-504
.
(3) The department shall coordinate with the Division of Wildlife Resources:
(a) on the suitability of the proposed site relative to potential impacts on adjacent 
wild
aquatic [
wildlife
] 
animal
 populations; and
(b) in determining which species the holder of the certificate of registration may
propagate, possess, transport, or sell.
(4) The department shall list on the certificate of registration the species which the
holder may propagate, possess, transport, or sell.
Section 8. Section 
4-37-203
 is amended to read:
4-37-203.
Transportation of aquatic animals to or from aquaculture facilities.
(1) Any person holding a certificate of registration for an aquaculture facility may
transport the live aquatic animals specified on the certificate of registration to the facility or to
any person who has been issued a certificate of registration 
or who is otherwise authorized by
law
 to possess those aquatic animals.
(2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility
within the state shall be accompanied by documentation of the source and destination of the
fish, including:
(a) name, address, certificate of registration number and health approval number of the
source;
(b) number and weight being shipped, by species; [
and
]
(c) [
name, address, and certificate of registration number
] 
name of the recipient;
(d) address
 of the destination[
.
]
; and
(e) (i) certificate of registration number of the receiving facility; or
(ii) location of the private fish pond or short-term fishing event when authorized to
receive the aquatic animal without a certificate of registration under Division of Wildlife
Resources rules.
Section 9. Section 
4-37-204
 is amended to read:
4-37-204.
Sale of aquatic animals from aquaculture facilities.
(1) (a) Except as provided by Subsection (1)(b), a person holding a certificate of
registration for an aquaculture facility may take an aquatic animal as approved on the certificate
of registration from the facility at any time and offer the aquatic animal for sale; however, live
aquatic animals may be sold within Utah only to a person who
:
(i)
 has been issued a certificate of registration to possess the aquatic animal[
.
]
; or
(ii) is eligible to receive the aquatic animal without a certificate of registration under
Division of Wildlife Resources rules.
(b) A person who owns or operates an aquaculture facility may stock a live [
aquatic
animal
] 
fish
 in a private fish pond 
or at a short-term fishing event
 if the person:
(i) obtains a health approval number for the aquaculture facility;
(ii) provides the [
private fish pond's owner
] 
buyer
 with a brochure published by the
Division of Wildlife Resources that summarizes the statutes and rules related to a private fish
pond 
or short-term fishing event
 and the possession of [
an aquatic animal
] 
fish
;
(iii) inspects the [
private fish
] pond 
or holding facility
 to verify that the [
private fish
]
pond 
or facility
 is in compliance with Subsections 
23-15-10
(2) and (3)(c); and
(iv) stocks the species, strain, and reproductive capability of [
aquatic animal
] 
fish
authorized by the Wildlife Board in accordance with Section 
23-15-10
 for stocking in the area
where the [
private fish
] pond 
or holding facility
 is located.
(2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
facility shall be accompanied by the seller's receipt that contains the following information:
(a) date of transaction;
(b) name, address, certificate of registration number, health approval number, and
signature of seller;
(c) number and weight of aquatic animal by:
(i) species;
(ii) strain; and
(iii) reproductive capability; and
(d) name and address of the receiver.
(3) (a) A person holding a certificate of registration for an aquaculture facility shall
submit to the department an annual report of each sale of live aquatic animals or each transfer
of live aquatic animals to:
(i) another aquaculture facility; or
(ii) a fee fishing facility.
(b) The report shall contain the following information:
(i) name, address, and certificate of registration number of the seller or supplier;
(ii) number and weight by species;
(iii) date of sale or transfer; and
(iv) name, address, phone number, and certificate of registration number of the
receiver.
(4) (a) A person who owns or operates an aquaculture facility shall submit to the
Division of Wildlife Resources an annual report of each sale or transfer of a live [
aquatic
animal
] 
fish
 to a private fish pond 
or short-term fishing event
.
(b) The report shall contain:
(i) the name, address, and health approval number of the person;
(ii) the name, address, and phone number of the private fish pond's owner or 
short-term
fishing event's
 operator;
(iii) the number and weight of [
aquatic animal
] 
fish
 by:
(A) species;
(B) strain; and
(C) reproductive capability;
(iv) date of sale or transfer;
(v) the 
location of the
 private fish pond's [
location
] 
or short-term fishing event's
holding facility
; and
(vi) verification that the private fish pond 
or short-term fishing event's holding facility
was inspected and is in compliance with Subsections 
23-15-10
(2) and (3)(c).
(5) The reports required by Subsections (3) and (4) shall be submitted before:
(a) a certificate of registration is renewed or a subsequent certificate of registration is
issued for an aquaculture facility in the state; or
(b) a health approval number is issued for an out-of-state source.
Section 10. Section 
4-37-301
 is amended to read:
4-37-301.
Certificate of registration required to operate a fee fishing facility.
(1) A person may not operate a fee fishing facility without first obtaining a certificate
of registration from the department.
(2) (a) Each application for a certificate of registration to operate a fee fishing facility
shall be accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section
63J-1-504
.
(3) The department shall coordinate with the Division of Wildlife Resources:
(a) on the suitability of the proposed site relative to potential impacts on adjacent 
wild
aquatic [
wildlife
] 
animal
 populations; and
(b) in determining which species the holder of the certificate of registration may
possess or transport to or stock into the facility.
(4) The department shall list on the certificate of registration the species which the
holder may possess or transport to or stock into the facility.
(5) A person holding a certificate of registration for an aquaculture facility may also
operate a fee fishing facility without obtaining an additional certificate of registration, if the fee
fishing facility:
(a) is in a body of water meeting the criteria of Section 
4-37-111
 which is connected
with the aquaculture facility;
(b) contains only those aquatic animals specified on the certificate of registration for
the aquaculture facility; and
(c) is designated on the certificate of registration for the aquaculture facility.
Section 11. Section 
23-13-2
 is amended to read:
23-13-2.
Definitions.
As used in this title:
(1) "Activity regulated under this title" means any act, attempted act, or activity
prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or
the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
(a) fishing;
(b) hunting;
(c) trapping;
(d) taking;
(e) permitting any dog, falcon, or other domesticated animal to take;
(f) transporting;
(g) possessing;
(h) selling;
(i) wasting;
(j) importing;
(k) exporting;
(l) rearing;
(m) keeping;
(n) utilizing as a commercial venture; and
(o) releasing to the wild.
[
(4)
] 
(2)
 "Aquaculture facility" [
has the meaning provided
] 
means the same as that term
is defined
 in Section 
4-37-103
.
[
(2)
] 
(3)
 "Aquatic animal" [
has the meaning provided
] 
means the same as that term is
defined
 in Section 
4-37-103
.
[
(3)
] 
(4)
 "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic
insects, or amphibians.
(5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
that one person may legally take during one day.
(6) "Big game" means species of hoofed protected wildlife.
(7) "Carcass" means the dead body of an animal or its parts.
(8) "Certificate of registration" means a document issued under this title, or any rule or
proclamation of the Wildlife Board granting authority to engage in activities not covered by a
license, permit, or tag.
(9) "Closed season" means the period of time during which the taking of protected
wildlife is prohibited.
(10) "Conservation officer" means a full-time, permanent employee of the Division of
Wildlife Resources who is POST certified as a peace or a special function officer.
(11) "Dedicated hunter program" means a program that provides:
(a) expanded hunting opportunities;
(b) opportunities to participate in projects that are beneficial to wildlife; and
(c) education in hunter ethics and wildlife management principles.
(12) "Division" means the Division of Wildlife Resources.
(13) (a) "Domicile" means the place:
(i) where an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to return; and
(iii) in which the individual, and the individual's family voluntarily reside, not for a
special or temporary purpose, but with the intention of making a permanent home.
(b) To create a new domicile an individual shall:
(i) abandon the old domicile; and
(ii) be able to prove that a new domicile has been established.
(14) "Endangered" means wildlife designated as endangered according to Section 3 of
the federal Endangered Species Act of 1973.
(15) "Fee fishing facility" [
has the meaning provided
] 
means the same as that term is
defined
 in Section 
4-37-103
.
(16) "Feral" means an animal that is normally domesticated but has reverted to the
wild.
(17) "Fishing" means to take fish or crayfish by any means.
(18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
Castoridae families, except coyote and cougar.
(19) "Game" means wildlife normally pursued, caught, or taken by sporting means for
human use.
(20) "Guide" means a person who receives compensation or advertises services for
assisting another person to take protected wildlife, including the provision of food, shelter, or
transportation, or any combination of these.
(21) "Guide's agent" means a person who is employed by a guide to assist another
person to take protected wildlife.
(22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
means.
(23) "Intimidate or harass" means to physically interfere with or impede, hinder, or
diminish the efforts of an officer in the performance of the officer's duty.
(24) (a) "Natural flowing stream" means a topographic low where water collects and
perennially or intermittently flows with a perceptible current in a channel formed exclusively
by forces of nature.
(b) "Natural flowing stream" includes perennial or intermittent water flows in a:
(i) realigned or modified channel that replaces the historic, natural flowing stream
channel; and
(ii) dredged natural flowing stream channel.
(c) "Natural flowing stream" does not include a human-made ditch, canal, pipeline, or
other water delivery system that diverts and conveys water to an approved place of use
pursuant to a certificated water right.
(25) (a) "Natural lake" means a perennial or intermittent body of water that collects on
the surface of the earth exclusively through the forces of nature and without human assistance.
(b) "Natural lake" does not mean a lake where all surface water sources supplying the
body of water originate from groundwater springs no more than 100 yards upstream.
[
(24)
] 
(26)
 "Nonresident" means a person who does not qualify as a resident.
[
(25)
] 
(27)
 "Open season" means the period of time during which protected wildlife
may be legally taken.
[
(26)
] 
(28)
 "Pecuniary gain" means the acquisition of money or something of monetary
value.
[
(27)
] 
(29)
 "Permit" means a document, including a stamp, that grants authority to
engage in specified activities under this title or a rule or proclamation of the Wildlife Board.
[
(28)
] 
(30)
 "Person" means an individual, association, partnership, government agency,
corporation, or an agent of the foregoing.
[
(29)
] 
(31)
 "Possession" means actual or constructive possession.
[
(30)
] 
(32)
 "Possession limit" means the number of bag limits one individual may
legally possess.
[
(31)
] 
(33)
 (a) "Private fish pond" means a 
pond, reservoir, or other
 body of water
,
including a fish culture system, located on privately owned land
 where privately owned[
,
protected aquatic wildlife
] 
fish:
(i)
 are propagated or kept for a 
private
 noncommercial purpose[
.
]
; and
(ii) may be taken without a fishing license.
(b) "Private fish pond" does not include an aquaculture facility
 [
or
]
,
 fee fishing
facility[
.
]
, short-term fishing event, or private stocking.
(34) (a) "Private stocking" means an authorized release of privately owned, live fish in
the waters of the state not eligible as a private fish pond under Section 
23-15-10
 or aquaculture
facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act.
(b) Fish released under private stocking become the property of the state and subject to
the fishing regulations set forth in this title and the rules and proclamations of the Wildlife
Board.
[
(32)
] 
(35)
 "Private wildlife farm" means an enclosed place where privately owned
birds or furbearers are propagated or kept and that restricts the birds or furbearers from:
(a) commingling with wild birds or furbearers; and
(b) escaping into the wild.
[
(33)
] 
(36)
 "Proclamation" means the publication used to convey a statute, rule, policy,
or pertinent information as it relates to wildlife.
[
(34)
] 
(37)
 (a) "Protected aquatic wildlife" means aquatic wildlife as defined in
Subsection (3), except as provided in Subsection [
(34)
] 
(37)
(b).
(b) "Protected aquatic wildlife" does not include aquatic insects.
[
(35)
] 
(38)
 (a) "Protected wildlife" means wildlife as defined in Subsection [
(49)
] 
(54)
,
except as provided in Subsection [
(35)
] 
(38)
(b).
(b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel,
jack rabbit, muskrat, and raccoon.
[
(36)
] 
(39)
 "Released to the wild" means to be turned loose from confinement.
(40) (a) "Reservoir constructed on a natural stream channel" means a body of water
collected and stored on the course of a natural flowing stream by impounding the stream
through excavation or diking.
(b) "Reservoir constructed on a natural stream channel" does not mean an
impoundment on a natural flowing stream where all surface water sources supplying the
impoundment originate from groundwater springs no more than 100 yards upstream.
[
(37)
] 
(41)
 (a) "Resident" means a person who:
(i) has been domiciled in the state for six consecutive months immediately preceding
the purchase of a license; and
(ii) does not claim residency for hunting, fishing, or trapping in any other state or
country.
(b) A Utah resident retains Utah residency if that person leaves this state:
(i) to serve in the armed forces of the United States or for religious or educational
purposes; and
(ii) the person complies with Subsection [
(37)
] 
(41)
(a)(ii).
(c) (i) A member of the armed forces of the United States and dependents are residents
for the purposes of this chapter as of the date the member reports for duty under assigned
orders in the state if the member:
(A) is not on temporary duty in this state; and
(B) complies with Subsection [
(37)
] 
(41)
(a)(ii).
(ii) A copy of the assignment orders shall be presented to a wildlife division office to
verify the member's qualification as a resident.
(d) A nonresident attending an institution of higher learning in this state as a full-time
student may qualify as a resident for purposes of this chapter if the student:
(i) has been present in this state for 60 consecutive days immediately preceding the
purchase of the license; and
(ii) complies with Subsection [
(37)
] 
(41)
(a)(ii).
(e) A Utah resident license is invalid if a resident license for hunting, fishing, or
trapping is purchased in any other state or country.
(f) An absentee landowner paying property tax on land in Utah does not qualify as a
resident.
[
(38)
] 
(42)
 "Sell" means to offer or possess for sale, barter, exchange, or trade, or the
act of selling, bartering, exchanging, or trading.
(43) (a) "Short-term fishing event" means any event where privately acquired fish are
held or confined for a period not to exceed 10 days for the purpose of providing fishing or
recreational opportunity and where no fee is charged as a requirement to fish.
(b) A fishing license is not required to take fish at a short-term fishing event.
[
(39)
] 
(44)
 "Small game" means species of protected wildlife:
(a) commonly pursued for sporting purposes; and
(b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey,
cougar, and bear.
[
(40)
] 
(45)
 "Spoiled" means impairment of the flesh of wildlife which renders it unfit
for human consumption.
[
(41)
] 
(46)
 "Spotlighting" means throwing or casting the rays of any spotlight,
headlight, or other artificial light on any highway or in any field, woodland, or forest while
having in possession a weapon by which protected wildlife may be killed.
[
(42)
] 
(47)
 "Tag" means a card, label, or other identification device issued for
attachment to the carcass of protected wildlife.
[
(43)
] 
(48)
 "Take" means to:
(a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
wildlife; or
(b) attempt any action referred to in Subsection [
(43)
] 
(48)
(a).
[
(44)
] 
(49)
 "Threatened" means wildlife designated as such pursuant to Section 3 of the
federal Endangered Species Act of 1973.
[
(45)
] 
(50)
 "Trapping" means taking protected wildlife with a trapping device.
[
(46)
] 
(51)
 "Trophy animal" means an animal described as follows:
(a) deer - a buck with an outside antler measurement of 24 inches or greater;
(b) elk - a bull with six points on at least one side;
(c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
(d) moose - a bull with at least one antler exceeding five inches in length;
(e) mountain goat - a male or female;
(f) pronghorn antelope - a buck with horns exceeding 14 inches; or
(g) bison - a bull.
[
(47)
] 
(52)
 "Waste" means to abandon protected wildlife or to allow protected wildlife
to spoil or to be used in a manner not normally associated with its beneficial use.
[
(48)
] 
(53)
 "Water pollution" means the introduction of matter or thermal energy to
waters within this state that:
(a) exceeds state water quality standards; or
(b) could be harmful to protected wildlife.
[
(49)
] 
(54)
 "Wildlife" means:
(a) crustaceans, including brine shrimp and crayfish;
(b) mollusks; and
(c) vertebrate animals living in nature, except feral animals.
Section 12. Section 
23-14-2.8
 is enacted to read:
 23-14-2.8.
Private Aquaculture Advisory Council.
(1) The executive director of the department may establish a Private Aquaculture
Advisory Council to give advice and make recommendations to the:
(a) commissioner of the Department of Agriculture and Food on rules adopted under
Subsection 
4-37-109
(1); and
(b) Wildlife Board on rules adopted concerning the regulation of:
(i) private fish ponds;
(ii) private stocking;
(iii) short-term fishing events; and
(iv) aquatic animal species authorized for importation or use in aquaculture facilities,
fee fishing facilities, private fish ponds, short-term fishing events, and private stocking.
(2) The advisory council shall consist of 10 members appointed to four-year terms by
the governor, in consultation with the executive director of the department, the commissioner
of the Department of Agriculture and Food, and the director of the division, as follows:
(a) two members representing the division selected from four or more names submitted
by the director of the division;
(b) two members representing the Department of Agriculture and Food selected from
four or more names submitted by the commissioner of the Department of Agriculture and
Food;
(c) one member representing angling interests selected from two or more names
submitted by a nonprofit corporation that promotes sport fishing;
(d) two members representing the private aquaculture industry selected from four or
more names submitted by a nonprofit corporation that promotes the aquaculture industry; and
(e) three members representing private ponds or fee fishing facilities selected from six
or more names submitted by a nonprofit corporation that promotes the aquaculture industry.
(3) Notwithstanding the requirements of Subsection (2), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of advisory
council members are staggered so that approximately half of the advisory council is appointed
every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) (a) Six members of the advisory council shall constitute a quorum.
(b) A quorum is necessary for the advisory council to act.
(c) Advisory council recommendations to the commissioner and Wildlife Board
pursuant to Subsection (1) shall be supported by majority vote.
(d) The advisory council shall elect a chair and vice chair from the advisory council's
membership.
(e) The advisory council shall determine:
(i) the time and place of meetings, not to exceed four meetings per calendar year; and
(ii) other procedural matters not specified in this Subsection (5).
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 13. Section 
23-14-3
 is amended to read:
23-14-3.
Powers of division to determine facts -- Policymaking powers of Wildlife
Board.
(1) The Division of Wildlife Resources may determine the facts relevant to the wildlife
resources of this state.
(2) (a) Upon a determination of these facts, the Wildlife Board shall establish the
policies best designed to accomplish the purposes and fulfill the intent of all laws pertaining to
wildlife and the preservation, protection, conservation, perpetuation, introduction, and
management of wildlife.
(b) In establishing policy, the Wildlife Board shall:
(i) recognize that wildlife and its habitat are an essential part of a healthy, productive
environment;
(ii) recognize the impact of wildlife on man, his economic activities, private property
rights, and local economies;
(iii) seek to balance the habitat requirements of wildlife with the social and economic
activities of man;
(iv) recognize the social and economic values of wildlife, including fishing, hunting,
and other uses; and
(v) seek to maintain wildlife on a sustainable basis.
(c) (i) The Wildlife Board shall consider the recommendations of the regional advisory
councils established in Section 
23-14-2.6
and the Private Aquaculture Advisory Council
established in Section 
23-14-2.8
.
(ii) If a regional advisory council 
or the Private Aquaculture Advisory Council
recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the
recommendation, the Wildlife Board shall provide a written explanation to the [
regional
]
advisory council 
recommending the opposing position
.
(3) No authority conferred upon the Wildlife Board by this title shall supersede the
administrative authority of the executive director of the Department of Natural Resources or
the director of the Division of Wildlife Resources.
Section 14. Section 
23-15-10
 is amended to read:
23-15-10.
Private fish pond.
(1) A private fish pond is not required to obtain a certificate of registration from the
division to receive [
an aquatic animal
] 
fish
 from an aquaculture facility[
.
] 
if:
(a) the pond is properly screened as provided in Subsection (3)(c); and
(b) the fish species being stocked is authorized by this chapter or rules of the Wildlife
Board.
(2) 
(a)
 [
A
] 
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)
] 
(i)
 a natural lake;
[
(b)
] 
(ii)
 a natural flowing stream; or
[
(c)
] 
(iii)
 a reservoir constructed on a natural stream channel.
(b) The division may authorize a private fish pond on a natural lake or reservoir
constructed on a natural stream channel upon inspecting and determining:
(i) the pond and inlet source of the pond neither contain wild game fish nor are likely
to support such species in the future;
(ii) 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;
(iii) 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
(iv) 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.
(c) Any authorization issued by the division under Subsection (2)(b) shall be in the
form of a certificate of registration.
(3) A person who owns or operates a private fish pond may receive [
an aquatic animal
]
a fish
 from an aquaculture facility if:
(a) the aquaculture facility has a health approval number required by Section 
4-37-501
;
(b) the species, strain, and reproductive capability of the [
aquatic animal
] 
fish
 is
authorized by the Wildlife Board in accordance with Subsection (4) for stocking in the area
where the private fish pond is located;
(c) the private fish pond is screened in accordance with the Wildlife Board's rule to
prevent [
an aquatic animal
] 
the fish
 from moving into or out of the private fish pond;
(d) the [
aquatic animal
] 
fish
 is not:
(i) released from the private fish pond; or
(ii) transported live to another location; and
(e) the person provides the aquaculture facility with a signed statement that the private
fish pond is in compliance with this section.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Wildlife Board may make rules that:
(a) specify the screen requirements to prevent the movement of [
an aquatic animal
] 
fish
 into or out of the private fish pond;
(b) specify the [
aquatic animal
] 
fish
 species that may not be stocked in a private fish
pond located in the state; [
and
]
(c) establish a location or region where a specified species, strain, and reproductive
capability of [
aquatic animal
] 
fish
 may be stocked in a private fish pond[
.
]
; and
(d) 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
.
(5) The division may inspect a private fish pond to verify compliance with this section
and rules of the Wildlife Board
.