Renumbered 7/1/2023)

Renumbered 7/1/2023
23-27-201.  Invasive species prohibited — Administrative inspection authorized.

(1)  Except as authorized in this title or a board rule or order, a person may not:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 23-27-201

  • Board: means the Wildlife Board. See Utah Code 23-27-102
  • 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 23-27-102
  • 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 23-27-102
  • Equipment: means an article, tool, implement, or device capable of carrying or containing:
    (a) water; or
    (b) a Dreissena mussel. See Utah Code 23-27-102
  • Facility: means a structure that is located within or adjacent to a water body. See Utah Code 23-27-102
  • Infested water: means a geographic region, water body, facility, or water supply system within or outside the state that the board identifies in rule as carrying or containing a Dreissena mussel. See Utah Code 23-27-102
  • Person: means :Utah Code 68-3-12.5
  • 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
  • Water body: means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain. See Utah Code 23-27-102
  • Water supply system: includes a pump, canal, ditch, or pipeline. See Utah Code 23-27-102
  • (a)  possess, import, export, ship, or transport a Dreissena mussel;

    (b)  release, place, plant, or cause to be released, placed, or planted a Dreissena mussel in a water body, facility, or water supply system; or

    (c)  transport a conveyance or equipment that has been in an infested water within the previous 30 days without decontaminating the conveyance or equipment.

(2)  A person who violates Subsection (1):

(a)  is strictly liable;

(b)  is guilty of an infraction; and

(c)  shall reimburse the state for all 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 23-27-301, 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.

Amended by Chapter 274, 2014 General Session