Renumbered 7/1/2023)

Renumbered 7/1/2023
23-27-501.  Aquatic Invasive Species Emergency Response Plan.

(1)  As used in this section:

Terms Used In Utah Code 23-27-501

  • Division: means the Division of Wildlife Resources. 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
  • 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)  “Committee” means the Natural Resources, Agriculture, and Environment Interim Committee.

(b)  “Emergency response plan” means the statewide aquatic invasive species emergency response plan developed by the division in accordance with this part.

(2)  The division shall develop a statewide aquatic invasive species emergency response plan to address the potential spread of aquatic invasive species throughout the state.

(3)  In developing the emergency response plan, the division shall coordinate with public and private entities that may be necessary or helpful to remediating the potential spread of aquatic invasive species throughout the state.

(4)  The emergency response plan shall:

(a)  designate the division as the entity that will coordinate the implementation of the emergency response plan;

(b)  provide for annual review of the emergency response plan by the division;

(c)  provide that the emergency response plan may only be implemented if the division detects aquatic invasive species, including Dreissena mussels, at a water body, facility, or water supply system within the state; and

(d)  define what constitutes a detection of aquatic invasive species at a water body, facility, or water supply system.

(5)  On or before August 1, 2021, the division shall submit to the committee the following:

(a)  the emergency response plan;

(b)  proposed legislation that may be necessary to effectuate the emergency response plan or to increase the effectiveness of the emergency response plan; and

(c)  an analysis and estimate of the cost to implement the emergency response plan.

(6)  After receiving the items described in Subsection (5), the committee may:

(a)  recommend to the Legislature that the plan be implemented;

(b)  return the plan to the division for further study and evaluation;

(c)  draft legislation proposed or requested by the division; or

(d)  take action to further the funding of the emergency response plan.

(7)  If an event requires the implementation of the emergency response plan, the division shall report on that event and the implementation of the emergency response plan to the committee.

Enacted by Chapter 248, 2021 General Session