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Terms Used In Utah Code 23A-10-304

  • Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
  • Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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
  • Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
     (1)(a) Except as described in Subsection (3), there is imposed an annual resident aquatic invasive species fee of $20 on a vessel required to be registered under Section 73-18-7.
     (1)(b) The division shall:

          (1)(b)(i) collect the aquatic invasive species fee imposed under Subsection (1)(a):

               (1)(b)(i)(A) in cooperation with the Division of Outdoor Recreation and in conjunction with the registration process described in Section 73-18-7; or
               (1)(b)(i)(B) through a division process if the vessel owner elects to not pay the aquatic invasive species fee in conjunction with the registration process;
          (1)(b)(ii) deposit the aquatic invasive species fee into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211; and
          (1)(b)(iii) administer the aquatic invasive species fee in accordance with this section.
     (1)(c) The aquatic invasive species fee imposed under this Subsection (1) is in addition to and is separate from a registration fee described in Section 73-18-7.
(2)

     (2)(a) Except as provided in Subsection (3), there is imposed an annual nonresident aquatic invasive species fee of $25 on a vessel to launch or operate a vessel in waters of this state if:

          (2)(a)(i) the vessel is owned by a nonresident; and
          (2)(a)(ii) the vessel would otherwise be subject to registration requirements under Section 73-18-7 if the vessel were owned by a resident of this state.
     (2)(b) The division shall:

          (2)(b)(i) collect and administer an aquatic invasive species fee described in Subsection (2)(a) in accordance with this section; and
          (2)(b)(ii) deposit the aquatic invasive species fee collected under this Subsection (2) into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211.
(3) Subsections (1) and (2) do not apply if the vessel is owned and operated by a state or federal government agency and the vessel is used within the course and scope of the duties of the agency.
(4) Before launching or operating a vessel on the waters of this state:

     (4)(a)

          (4)(a)(i) a resident shall pay the aquatic invasive species fee as described in Subsection (1); and
          (4)(a)(ii) a nonresident shall pay the aquatic invasive species fee as described in Subsection (2); and
     (4)(b) the resident or nonresident vessel owner shall successfully complete an aquatic invasive species education course offered by the division.
(5) Notwithstanding the fee amount described in Subsections (1) and (2), the Wildlife Board may increase resident and nonresident aquatic invasive species fees assessed under this section, so long as:

     (5)(a) the aquatic invasive species fee for nonresidents described in Subsection (2) is no less than the resident aquatic invasive species fee described in Subsection (1); and
     (5)(b) the aquatic invasive species fee is confirmed in the legislative fee schedule.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules establishing procedures for:

     (6)(a) proof of payment and other methods of verifying compliance with this section;
     (6)(b) special requirements applicable on interstate water bodies in this state; and
     (6)(c) other provisions necessary for the administration of the program.