Renumbered 7/1/2023)

Renumbered 7/1/2023
23-27-301.  Division’s power to prevent invasive species infestation.
     To eradicate and prevent the infestation of a Dreissena mussel, the division may:

(1) 

Terms Used In Utah Code 23-27-301

  • 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
  • Decontaminate: means to:
(a) drain and dry all non-treated water; and
(b) chemically or thermally treat in accordance with rule. See Utah Code 23-27-102
  • Division: means the Division of Wildlife Resources. 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
  • Person: means :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)  establish inspection stations located at or along:

    (i)  highways, as defined in Section 72-1-102;

    (ii)  ports of entry, if the Department of Transportation authorizes the division to use the port of entry; and

    (iii)  publicly accessible:

    (A)  boat ramps; and

    (B)  conveyance launch sites; and

    (b)  temporarily stop, detain, and inspect a conveyance or equipment that:

    (i)  the division reasonably believes is in violation of Section 23-27-201;

    (ii)  the division reasonably believes is in violation of Section 23-27-306;

    (iii)  is stopped at an inspection station; or

    (iv)  is stopped at an administrative checkpoint;
  • (2)  conduct an administrative checkpoint in accordance with Section 77-23-104;

    (3)  detain and quarantine a conveyance or equipment as provided in Section 23-27-302;

    (4)  order a person to decontaminate a conveyance or equipment; and

    (5)  inspect the following that may contain a Dreissena mussel:

    (a)  a water body;

    (b)  a facility; and

    (c)  a water supply system.

    Amended by Chapter 195, 2020 General Session