Utah Code 23A-10-201. Invasive species prohibited — Administrative inspection authorized
Current as of: 2024 | Check for updates
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(1) Except as authorized in this title or a Wildlife Board rule or order, a person may not:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 23A-10-201
- Conveyance: includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a container, a trailer, a live well, or a bilge area. See Utah Code 23A-10-101
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Dreissena mussel: means a mussel of the genus Dreissena at any life stage, including a zebra mussel, a quagga mussel, and Conrad's false mussel. See Utah Code 23A-10-101
- Equipment: means an article, tool, implement, or device capable of carrying or containing:(4)(a) water; or(4)(b) a Dreissena mussel. See Utah Code 23A-10-101
- Facility: means a structure that is located within or adjacent to a water body. See Utah Code 23A-10-101
- Infested water: means a geographic region, water body, facility, or water supply system within or outside the state that the Wildlife Board identifies in rule as carrying or containing a Dreissena mussel. See Utah Code 23A-10-101
- Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- resident: means a person who:
(47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and(47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 23A-10-101
- Water body: means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain. See Utah Code 23A-10-101
- Water supply system: includes a pump, canal, ditch, or pipeline. See Utah Code 23A-10-101
- Wildlife: means :
(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101(1)(a) possess, import, export, ship, or transport a Dreissena mussel;(1)(b) release, place, plant, or cause to be released, placed, or planted a Dreissena mussel in a water body, facility, or water supply system;(1)(c) transport a conveyance or equipment that has been in an infested water within the previous 30 days without decontaminating the conveyance or equipment; or(1)(d) launch or operate a vessel on the waters of the state without first:(1)(d)(i) paying an aquatic invasive species fee required by Subsection 23A-10-304(1) or (2); and(1)(d)(ii) displaying an aquatic invasive species decal in accordance with Subsection (6).(2) Except as provided in Subsection (3), a person who violates Subsection (1):(2)(a) is strictly liable;(2)(b) is guilty of an infraction; and(2)(c) shall reimburse the state for the costs associated with detaining, quarantining, and decontaminating the conveyance or equipment.(3) A person who knowingly or intentionally violates Subsection (1) is guilty of a class A misdemeanor.(4) A person may not proceed past or travel through an inspection station or administrative checkpoint, as described in Section 23A-10-301, while transporting a conveyance during an inspection station’s or administrative checkpoint’s hours of operations without presenting the conveyance for inspection.(5) A person who violates Subsection (4) is guilty of a class B misdemeanor.(6)(6)(a)(6)(a)(i) The division shall provide a resident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(1)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.(6)(a)(ii) The division shall provide a nonresident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(2)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.(6)(b) A person shall display the aquatic invasive species decal obtained under this Subsection (6) on the bow of the vessel’s port side six inches aft of the vessel’s registration decal.