Natural Resources, Wildlife Resources

Rule R657-3

Collection, Importation, Transportation, and Possession of Zoological Animals

Notice of Proposed Rule

(Amendment)

DAR File No.: 36494
Filed: 07/16/2012 07:39:45 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted for taking public input and reviewing the Division of Wildlife's zoological animal program.

Summary of the rule or change:

The amendments to this rule: 1) add a definition of "Ornamental aquatic animal species"; 2) add a definition of "Domestic" and exclude domestic cats, dogs, and swine; 3) add Pilose crayfish and Stygobromus utahensis to the prohibited species list; 4) clarify California floater to include all floaters of the Anodonta species; 5) include all springsnails of the Pyrgulopsis species as controlled; 6) list Southern tightcoil as controlled for collection, importation, and possession; 7) list Western pearlshell as prohibited for collection, importation, and possession; 8) list Red-rimmed melania as prohibited for collection, importation, and possession; 9) list Blue catfish, Emerald shiner and Burbot as prohibited; 10) made the Collection, Importation, Transportation, and Possession of Zoological Animals rule consistent with the non-game mammals rule; 11) removed the option to capture and relocate porcupine, striped skunk and squirrels; 12) removed the requirement to obtain a certificate of registration or federal permit to kill Black-billed Magpies, Cowbirds, House Sparrows, European Starlings and Domestic Pigeons when found damaging person or real property; 13) update language to reflect recent federal changes to Utah's Falconry Rule; 14) allow agencies and landowners who register online to destroy Canada goose nests and eggs on their property within urban environments from March 1 through June 30; 15) remove "zoological" from rule text; and 16) make technical corrections as needed.

State statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-18
• Section 23-14-19
• Section 23-20-3

Anticipated cost or savings to:

the state budget:

The amendment makes necessary clarifications and classification changes to some species and places the rule in line with federal guidelines. The Division of Wildlife Resources (DWR) determines that theses amendments will not create any cost or savings impact to the state budget or DWR's budget, since the changes will not increase workload and can be carried out with existing budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

small businesses:

These amendments clarify wording and classification changes for some species. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or savings impact to small businesses.

persons other than small businesses, businesses, or local governmental entities:

These amendments clarify wording and classification changes for some species. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

The amendments are for clarification and to become in step with federal guidelines. DWR determines that there are no additional compliance costs associated with this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

The amendments to this rule do not create an impact on businesses.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2012

This rule may become effective on:

09/07/2012

Authorized by:

James Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

R657-3. Collection, Importation, Transportation, and Possession of[ Zoological] Animals.

R657-3-1. Purpose and Authority.

(1) Under Title 23, Wildlife Resources Code of Utah and in accordance with a memorandum of understanding with the Department of Agriculture and Food, Department of Health, and the Division of Wildlife Resources, this rule governs the collection, importation, exportation, transportation, and possession of animals and their parts.

(2) Nothing in this rule shall be construed as superseding the provisions set forth in Title 23, Wildlife Resources Code of Utah. Any provision of this rule setting forth a criminal violation that overlaps a section of that title is provided in this rule only as a clarification or to provide greater specificity needed for the administration of the provisions of this rule.

(3) In addition to this rule, the Wildlife Board may allow the collection, importation, transportation, propagation and possession of species of [zoological animals]animal species under specific circumstances as provided in Rules R657-4 through R657-6, R657-9 through R657-11, R657-13, R657-14, R657-16, R657-19, R657-20 through R657-22, R657-33, R657-37, R657-38, R657-40, R657- 41, R657-43, R657-44, R657-46 and R657-[53.]52 through R657-60. Where a more specific provision has been adopted, that provision shall control.

(4)[ Holding raccoons and coyotes in captivity is governed by the Department of Agriculture and Food under Section 4-23-11 and Rule R58-14.] The importation , distribution, relocation, holding in captivity or possession of coyotes and raccoons [into]in Utah is governed by the Agricultural and Wildlife Damage Prevention Board and is prohibited under [this rule]Section 4-23-11 and Rule R657-14, except as permitted by the Utah Department of Agriculture and Food.

(5) This rule does not apply to division employees acting within the scope of their assigned duties.

(6) The English and scientific names used throughout this rule for animals are, at the time of publication, the most widely accepted names. The English and the scientific names of animals change, and the names used in this rule are to be considered synonymous with names in earlier use and with names that, at any time after publication of this rule, may supersede those used herin.

 

R657-3-2. Species Not Covered by This Rule.

The following species of[ domestic] animals are not governed by this rule:

(1) Alpaca (Lama pocos);

(2) Ass [and]or donkey (Equus asinus);

(3) [Bison]American bison, privately owned (Bos bison);

(4) Camel (Camelus bactrianus and Camelus dromedarius);

(5) Cassowary ([all]All species) (Casuarius);

(6) Cat, domestic,including [any domestic breed]breeds that are recognized by The International Cat Association as Preliminary New, Advanced New, Non-championship, and Championship Breeds (Felis catus);

(7) Cattle (Bos taurus [and Bos indicus]taurus);

(8) Chicken (Gallus gallus);

(9) Chinchilla (Chinchilla laniger);

(10) Dog[ and dog], domestic including hybrids between wild and domestic species and subspecies (Canis familiaris);

(11) Ducks distinguishable morphologically from wild birds (Anatidae);

(12) Elk, privately owned (Cervus elaphus canadensis);

(13) Emu (Dromaius novaehollandiae);

(14) Ferret or polecat, European[ ferret] (Mustela putorius);

(15) Fowl (guinea) (Numida meleagris);

(16) Fox, privately owned, [ranch-]domestically bred and raised[amber, blue and silver forms] (Vulpes vulpes);

(17) Geese, distinguishable morphologically from wild geese (Anatidae);

(18) "Gerbils " or Mongolian jirds (Meriones unguiculatus);

(19) Goat (Capra hircus);

(20) Hamster ([Syrian or golden]All species) (Mesocricetus [auratus and Mesocricetus brandti]spp.);

(21) Hedgehog (white bellied)(Erinaceideae atelerix albiventris)

(22) Horse (Equus caballus[ and hybrids with Equus asinus]);

(23) Llama (Lama glama);

(24) [Mice (Mus musculus);

(25)] American Mink, privately owned, ranch-raised ([Mustela vison]Neovison vision);

(25) Mouse, house (Mus musculus);

(26) Mule and hinny (hybrids of Equus caballus andEquus asinus);

(27) Ostrich (Struthio camelus);

([27]28) Peafowl (Pavo cristatus);

([28]29) Pig , [(]guinea[)] (Cavia porcellus);

([29]30) Pigeon (Columba livia);

([30]31) Rabbit , [(]European[)] (Oryctolagus cuniculus);

([31]32) Rats , Norway and Black (Rattus norvegicus and Rattus rattus);

([32]33) Rhea (Rhea americana);

([33]34) Sheep (Ovis aries);

([34]35) Sugar glider (Petaurus breviceps);

(36) Swine , domestic (Sus scrofa domesticus);

([35]37) Turkey, privately owned, pen-raised domestic varieties (Meleagris gallopavo). Domestic varieties means any turkey or turkey egg held under human control and which is imprinted on other poultry or humans and which does not have morphological characteristics of wild turkeys;

([36]38) Water buffalo (Bubalis arnee);

([37]39) Yak (Bos mutus); and

([38]40) Zebu , or "Brahma" (Bos taurus indicus)

 

R657-3-3. Cooperative Agreements with Department of Health and Department of Agriculture and Food -- Agency Responsibilities.

(1) The division, the Department of Agriculture and Food, and the Department of Health work cooperatively through memorandums of understanding to:

(a) protect the health, welfare, and safety of the public;

(b) protect the health, welfare, safety, and genetic integrity of wildlife, including environmental and ecological impacts; and

(c) protect the health, welfare, safety, and genetic integrity of domestic livestock, poultry, and other animals.

(2) The division is responsible for:

(a) issuing certificates of registration for the collection, possession, importation, and transportation of[ zoological] animals;

(b) maintaining the integrity of wild and free-[roaming]ranging protected wildlife;

(c) determining the species of [aquatic] animals [which]that may be imported[ into], possessed, and transported within the state;

(d) preventing the outbreak and controlling the spread of disease-causing pathogens among aquatic animals in public aquaculture facilities;

(e) preventing the spread of disease-causing pathogens from aquatic animals in, to be deposited in, or harvested from public aquaculture facilities and private ponds to aquatic wildlife, other animals, and humans;[and]

(f ) preventing the spread of disease-causing pathogens from aquatic animals to other aquatic animals transferred from one site to another in the wild;

(g) investigating and preventing the outbreak and controlling the spread of disease-causing pathogens in terrestrial wildlife;

(h) preventing the spread of disease-causing pathogens from terrestrial animals to other terrestrial animals transferred from one site to another; and

(i) enforcing laws and rules made by the Wildlife Board governing the collection, importation, transportation, and possession of[ zoological]animals.

(3)(a) The Utah Department of Agriculture and Food is responsible for eliminating, reducing, and preventing the spread of diseases among livestock, fish, poultry, wildlife, and other animals by providing standards for:

(i) the importation of livestock, fish, poultry, and other animals, including wildlife, as provided in Section R58-1-4;

(ii) the control of predators and depredating animals as provided in Title 4, Chapter 23, Agriculture and Wildlife Damage Prevention Act;

(iii) enforcing laws and rules made by the Wildlife Board governing species of[ aquatic] animals which may be imported into the state or possessed or transported within the state that are applicable to aquaculture or fee fishing facilities;

(iv) preventing the outbreak and controlling the spread of disease-causing pathogens among aquatic animals in aquaculture and fee fishing facilities; and

(v) preventing the spread of disease-causing pathogens from aquatic animals in, to be deposited in, or harvested from aquaculture or fee fishing facilities to aquatic wildlife, or other animals, and humans.

(b) The Department of Agriculture and Food may [make regulatory decisions] quarantine any infected domestic animal or area within the state to prevent the spread of infectious or contagious disease as provided in Title 4, Chapter 31, Section 17.

(c) In addition to the authority and responsibilities listed in Subsection (3)(a) and (b), the Department of Agriculture and Food may make recommendations to the division concerning the collection, importation, transportation, and possession of[ zoological] animals if a disease is suspected of endangering livestock, fish, poultry, or other domestic animals.

(4) The Utah Department of Health is responsible for promoting and protecting public health and welfare and may make recommendations to the division concerning the collection, importation, transportation, and possession of[ zoological] animals if a disease or animal is suspected of endangering public health or welfare.

 

R657-3-4. Definitions.

(1) Terms used [in]for purposes of this rule are defined in Section 23-13-2 and Subsection (2) through Subsection (29).

(2) (a) "Animal" means:

(i) native, naturalized, and nonnative animals belonging to a species that naturally occurs in the wild, including animals captured from the wild or born or raised in captivity;

(ii) hybrids of any native, naturalized, or nonnative species or subspecies of animal, including hybrids between wild and domestic species or subspecies; and

(iii) viable embryos or gametes (eggs or sperm) of any native, naturalized, or nonnative species or subspecies of animals.

(b) "Animal" does not include species listed in Subsection R657-3-2, domestic species, or amphibians or reptiles as defined in Rule R657-53.

(3) "Aquaculture" means the controlled cultivation of aquatic animals.

([3]4)(a) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. "Aquaculture facility" does not include any public aquaculture facility or fee fishing facility.

(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain to, different drainages, are considered separate aquaculture facilities regardless of ownership.

([4]5) "Aquatic animal" means a member of any species of fish, mollusk, or crustacean, including their [gametes]eggs or sperm.

([5]6) "Captive-bred" means any privately owned [ zoological] animal, which is born inside of and has spent its entire life in captivity and is the offspring of privately owned [ zoological] animals that are born inside of and have spent their entire life in captivity.

([6]7) "Certificate of registration" means an official document issued by the division authorizing the collection, importation, transportation, and possession of an animal or animals. A certificate of registration number may be issued in order to obtain an entry permit number and the entry permit number must in turn be provided to the division before final approval and issuance of the certificate of registration.

(8) "Certificate of veterinary inspection" means an official health authorization issued by an accredited veterinarian required for the importation of[ zoological] animals, as provided in Rule R58-1.

([7]9) "CFR" means the Code of Federal Regulations.

([8]10) "CITES" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

(a) Appendix I of CITES protects threatened species from all international commercial trade; and

(b) Appendix II of CITES regulates trade in species not threatened with extinction, but which may become threatened if trade goes unregulated.

(c) CITES appendices are published periodically by the CITES Secretariat and [reprinted by the U.S. Fish and Wildlife Service in 50 CFR 23.23, 2002, ed.,]may be viewed at http://www.cites.org/ which is incorporated herein by reference.

([9]11) "Collect" means to take, catch, capture, salvage, or kill any[ zoological] animal within Utah.

([10]12) "Commercial use" means any activity through which a person in possession of [a zoological]an animal:

(a) receives any consideration for that[ zoological] animal or for a use of that[ zoological] animal, including nuisance control and roadkill removal; or

(b) expects to recover all or any part of the cost of keeping the[zoological] animal through selling, bartering, trading, exchanging, breeding, or other use, including displaying the[ zoological] animal for entertainment, advertisement, or business promotion.

([11]13) "Controlled species" means a species or subspecies of[ zoological] animal that if taken from the wild, introduced into the wild, or held in captivity, poses a possible significant detrimental impact to wild populations, the environment, or human health or safety, and for which a certificate of registration is required.

([12]14) "Domestic" means an animal that belongs to a species which is notably different from its wild ancestors through generations of selective breading and taming in captivity by humans for food, commodities, transportation, assistance, work, protection, companionship, display and other beneficial purposes.

(15) "Educational use" means the possession and use of [a zoological]an animal for conducting educational activities concerning wildlife[ and wildlife-related activities].

([13]16) "Entry permit number" means a number issued by the state veterinarian's office to a veterinarian signing a certificate of veterinary inspection. The entry permit number must be written on the certificate of veterinary inspection before the importation of the[ zoological] animal. This number must be provided to the division prior to final approval and issuance of a certificate of registration. The entry permit is valid only for 30 days after its issuance.

([14]17) "Export" means to move or cause to move any[ zoological] animal from Utah by any means.

([15]18) "Fee fishing facility" means a body of water used for holding or rearing fish to provide fishing for a fee or for pecuniary consideration or advantage.

([16]19) "Import" means to bring or cause [a zoological]an animal to be brought into Utah by any means.

([17]20) "Native species" means any species or subspecies of[ zoological] animal that historically occurred in Utah and has not been introduced by humans or migrated into Utah as a result of human activity.

([18]21) "Naturalized species" means any species or subspecies of[ zoological] animal that is not native to Utah but has established a wild, self-sustaining population in Utah.

([19]22) "Noncontrolled species" means a species or subspecies of[ zoological] animal that if taken from the wild, introduced into the wild, or held in captivity[,] poses no detrimental impact to wild populations, the environment, or human health or safety, and for which a certificate of registration is not required, unless otherwise specified.

([20]23)(a) "Nonnative species" means a species or subspecies of[ zoological] animal that is not native to Utah.

(b) "Nonnative species" does not include domestic animals or naturalized species of[ zoological] animals.

([21)(a) "Ornamental fish" means fish that are raised or kept for their beauty rather than use, or that arouse interest for their uncommon or exotic characteristics, including tropical fish, goldfish, and koi.]24)(a)"Ornamental aquatic animal species" means any species of fish, mollusk, or crustacean that is commonly cultured and sold in the United Stated' aquarium industry for display.

(b) "Ornamental [fish" does not include any]aquatic animal species" does not include;

(i) fresh water;

(A) sport fish - aquatic animal species commonly angled or harvested for recreation or sport;

(B) baitfish - aquatic animal species authorized for use as bait in R657-13-12, and any other species commonly used by anglers as bait in sport fishing;

(C) food fish - aquatic animal species commonly cultured or harvested from the wild for human consumption; or

(D) native species; or

(ii) aquatic animal species prohibited for importation or possession by any state, federal, or local law; or

(iii) aquatic animal species listed as prohibited or controlled in Sections R657-3- 22 and R657-3-23.

([22]25) "Personal use" means the possession and use of [a zoological]an animal for a hobby or for its intrinsic pleasure and where no consideration for the possession or use of the animal is received by selling, bartering, trading, exchanging, breeding, hunting or any other use.

([23]26) "Possession" means to physically retain or to exercise dominion or control over [a zoological]an animal.

([24]27) "Prohibited species" means a species or subspecies of[ zoological] animal that if taken from the wild, introduced into the wild, or held in captivity, poses a significant detrimental impact to wild populations, the environment, or human health or safety, and for which a certificate of registration shall only be issued in accordance with [Sections R657-3-20(1)(b) or R657-3-36.]this rule and any applicable federal laws.

([25]28) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the division, U.S. Fish and Wildlife Service, a school, or an institution of higher education.

([26]29) "Resident Canada Goose" means Canada geese that nest within Utah in urban environments during the months of March, April, May or June.

(30) "Scientific use" means the possession and use of [a zoological]an animal for conducting scientific research that is directly or indirectly beneficial to wildlife or the general public.

([27]31) "Transport" means to move or cause to move any [ zoological] animal within Utah by any means.

([28]32) "Wildlife Registration Office" means the division office in Salt Lake City responsible for processing applications and issuing certificates of registration.

[ (29)(a) "Zoological animal" means:

(i) native, naturalized, and nonnative species of animals, occurring in the wild, captured from the wild, or born or raised in captivity;

(ii) hybrids of any native, naturalized, or nonnative species or subspecies of animals; and

(iii) viable embryos or gametes of any native, naturalized, or nonnative species or subspecies of animals.

(b) "Zoological animal" does not include species listed as domestic in Subsection R657-3-2, or amphibians or reptiles as defined in Rule R657-53.

]

R657-3-5. Liability.

(1)(a) Any person who accepts a certificate of registration assumes all liability and responsibility for the collection, importation, transportation,[ and] possession and propagation of the authorized[ zoological] animal and for any other activity authorized by the certificate of registration.

(b) To the extent provided under the Utah Governmental Immunity Act, the division, Department of Agriculture and Food, and Department of Health shall not be liable in any civil action for:

(i) any injury, disease, or damage caused by or to any animal, person, or property as a result of any activity authorized under this rule or a certificate of registration; or

(ii) the issuance, denial, suspension, or revocation of or by the failure or refusal to issue, deny, suspend, or revoke any certificate of registration or similar authorization.

(2) It is the responsibility of any person who obtains a certificate of registration to read, understand and comply with this rule and all other applicable federal, state, county, city, or other municipality laws, regulations, and ordinances governing[ zoological]animals.

 

R657-3-6. Animal Welfare.

(1) Any[ zoological] animal held in possession under the authority of a certificate of registration shall be maintained under humane and healthy conditions, including the humane handling, care, confinement, transportation, and feeding, as provided in:

(a) 9 CFR Section 3 Subpart F, 2002 ed., which is adopted and incorporated by reference;

(b) Section 76-9-301; and

(c) Section 7 CFR 2.17, 2.51, and 371.2(g), 2002 ed., which are incorporated by reference.

(2) A person commits cruelty to animals under this section if that person intentionally, knowingly, or with criminal negligence, as defined in Section 76-2-103:

(a) tortures or seriously overworks an animal; or

(b) fails to provide necessary food, care, or shelter for any animal in that person's custody.

(3) Adequate measures must be taken for the protection of the public when handling, confining, or transporting any[ zoological]animal.

 

R657-3-7. Take of Nuisance Birds [-- Nuisance Porcupine, Striped Skunk, and Squirrel]and Mammals.

(1)(a) A person is not required to obtain a certificate of registration or a federal permit to kill[ American Crows or] Black-billed Magpies[ when found committing, or about to commit, depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife,], Cowbirds, House Sparrows, European Starlings, or Domesti Pigeons (Rock Doves) when found damaging personal or real property, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance, provided:

(i ) strict observance of all local and other state and federal laws is adhered to:

(ii) none of the birds killed pursuant to this section, nor their plumage, are sold or offered for sale; and

([ii]iii) any person killing [American Crows or] Black-billed Magpies , Cowbirds, House Sparrows, European Starlings, or Domesti Pigeons (Rock Doves) shall:

(A) allow any federal warden or conservation officer unrestricted access over the premises where [American Crows or] Black-billed Magpies , Cowbirds, House Sparrows, European Starlings, or Domesti Pigeons (Rock Doves) are killed; and

(B) furnish any information concerning the control operations to the division or federal official upon request.

(b) A person may kill [American Crows or] Black-billed Magpies , Cowbirds, House Sparrows, European Starlings, or Domesti Pigeons (Rock Doves) by any means, excluding bait, explosives or poison, and only on or over the threatened area.

(c) [American Crows and] Black-billed Magpies , Cowbirds, House Sparrows, European Starlings, or Domestic Pigeons (Rock Doves) killed pursuant to this section [shall be collected immediately and]including their plumage and other parts may be retained for noncommercial, personal use;

(d) Black-billed Magpies, Cowbirds, House Sparrows, European Starlings, or Domesti Pigeons (Rock Doves) killed pursuant to this section and disposed of must be disposed of at a landfill that accepts wildlife carcasses or must be [buried]burned or incinerated.

([d]e) This subsection incorporates Section 50 CFR 21.41, 21.42 and 21.43, [2002,]2007, ed., by reference.

(2[)(a) A person may capture, transport, and kill or release a nuisance porcupine, striped skunk, or squirrel without obtaining a certificate of registration.]) A person may kill nongame mammals as provided in R657-19

[ (b) A nuisance porcupine, striped skunk, or squirrel may be released only as follows:

(i) within 48 hours of capture;

(ii) within the county in which it was captured; and

(iii) in a location where it does not pose a risk to human health or safety, or create other conflict with humans, agriculture, or other animals.

]

R657-3-8. Collection, Importation, and Possession of Threatened and Endangered Species and Migratory Birds.

(1) The following species are prohibited from collection, possession, and importation into Utah without first obtaining a certificate of registration from the division, a federal permit from the U.S. Fish and Wildlife Service, and an entry permit number from the Department of Agriculture and Food if importing:

(a) any species which have been determined by the U.S. Fish and Wildlife Service to be endangered or threatened pursuant to the federal Endangered Species Act, as amended; and

(b) any species of migratory birds protected under the Migratory Bird Treaty Act.

(2) Federal laws and regulations apply to threatened and endangered species and migratory birds in addition to state and local laws.

(3) Neither a federal permit nor a state certificate of registration is required to destroy the nests and eggs of resident Canada geese provided:

(a) the landowner or agent qualifies, registers and complies with all provisions of the Federal Nest and Egg Registry located at www.fws.gov/permits/mbpermits/GooseEggRegistration.html.

(b) The landowner reports to the state the date, location (including county) and number of eggs and nests destroyed, by October 1 of each year to the Wildlife Registration Coordinator.

 

R657-3-9. Release of[ Zoological] Animals to the Wild -- Capture or Disposal of Escaped Wildlife.

(1)(a) Except as provided in this rule, the rules and regulations of the Wildlife Board, or Title 4, Chapter [37, the Aquaculture Act and Subsection R657-3-7(2)]37 of the Utah Code, a person may not release to the wild or release into any public or private waters any[ zoological]animal, including fish, without first obtaining authorization from the division.

(b) A violation of this section is punishable under Section 23-13-14.

(2) The division may seize or dispose of any illegally held[ zoological]animal.

(3)(a) Any peace officer, division representative, or authorized animal control officer may seize or dispose of any live[ zoological]animal that escapes from captivity.

(b) The division may retain custody of any recaptured[ zoological]animal until the costs of recapture or care have been paid by its owner or keeper.

 

R657-3-10. Inspection of [Documentation]Animals, Facilities, and [Zoological Animals]Documentation.

(1) A conservation officer or any other peace officer may require any person engaged in activities [covered]regulated by this rule to exhibit:

(a) any documentation related to activities covered by this rule, including certificates of registration, permits, certificates of veterinary inspection, certification, bills of sale, or proof of ownership or legal possession;

(b) any[ zoological] animal; or

(c) any device, apparatus, or facility used for activities covered by this rule.

(2) Inspection shall be made during [reasonable]business hours.

 

R657-3-11. Certificate of Registration[ Required].

(1)(a) A person shall obtain a certificate of registration before collecting, importing, transporting,[ or] possessing or propagating any species of[ zoological] animal or its parts classified as prohibited or controlled, except as otherwise [provided by the Wildlife Board]provided in this rule, statute or rules and orders of the Wildlife Board[ as provided in Subsection R657-3-1(3)].

(b) A certificate of registration is not required:

(i) to collect, import, transport, [or] possess, or propagate any species or subspecies of[ zoological]animal classified as noncontrolled;

(ii) to export any species or subspecies of[ zoological]animal from Utah, provided that the[ zoological]animal is held in legal possession; or

(iii) to collect, transport or possess brine shrimp and brine shrimp eggs for personal use, provided:

(A) the brine shrimp and brine shrimp eggs are collected, transported and possessed together with water in a container no larger than one gallon;

(B) no more than a one gallon container of brine shrimp and brine shrimp eggs, including water, is collected during any consecutive seven day period; and

(C) the brine shrimp or brine shrimp eggs following possession are not released live into the Great Salt Lake, Sevier River or any of their tributary waters.

(c) Applications for[zoological] animals classified as prohibited shall not be accepted by the division without providing written justification describing how the applicant's proposed collection, importation, or possession of the[ zoological]animal meets the criteria provided in Subsections R657-3-20(1)(b) or R657-3-18(4)(b).

(2)(a) Certificates of registration are not transferable and expire December 31 of the year issued, except as otherwise designated on the certificate of registration.

(b) If the holder of a certificate of registration is a representative of an institution, organization, business, or agency, the certificate of registration shall [end]expire effective upon the date of the representative's discontinuation of association with that entity.

(c) Certificates of registration do not provide the holder[ with] any rights of succession and any certificate of registration issued to a business or organization shall be void upon the termination of the business or organization or upon bankruptcy or transfer or death of the COR holder.

(3)(a) The issuance of a certificate of registration automatically incorporates within its terms the conditions and requirements of this rule specifically governing the activity for which the certificate of registration is issued.

(b) Any person accepting a certificate of registration under this rule acknowledges the necessity for [close]periodic regulation and monitoring by the division.

(4) [A single certificate of registration may authorize more than one activity.

(5)(a)] In addition to this rule, the division may impose specific requirements on the holder of the certificate of registration necessary for the safe and humane handling and care of the[ zoological]animal involved, including requirements for veterinary care, cage or holding pen sizes and standards, feeding requirements, social grouping requirements, and other requirements considered necessary by the division for the health and welfare of the[ zoological]animal or the public.

([b) The authorizations on the face of the certificate of registration setting forth specific times, dates, places, methods of take, numbers and species of zoological animals, location of activity, authorization for certain circumscribed transactions, or other designated conditions are to be strictly construed and shall not be interpreted to permit similar or related matters outside the scope of strict construction.

(6]5)(a) Upon or before the expiration date of a certificate of registration, the holder must apply for a [new]renewal of the certificate of registration to continue the activity.

(b) The division [shall]may use the criteria provided in Section R657-3-14 in determining whether to [issue]renew the [new] certificate of registration.

(c) It is unlawful for a person to possess an animal for which a certificate of registration is required if that person;

(i) does not have a valid certificate of registration authorizing possession of the animal; or

(ii) fails to submit a renewal application to the division prior to the expiration of an existing certificate of registration authorizing possession of the animal.

(d) If [an]a renewal application is not [made]submitted to the division by the expiration date, live or dead[ zoological] animals held in possession under the expired certificate of registration shall be considered unlawfully held and may be seized by the division.

([d]e) If [an]a renewal application [for a new certificate of registration] is submitted to the division before the expiration date[,] of the existing certificate of registration, continued possessiono f the animal under the expired certificate of registration shall remain [valid]lawful while the renewal application is pending.

([7]6) Failure to submit timely, accurate, or valid reports as required under Section R657-3-16 [and]or the terms of a certificate of registration may disqualify a person from renewing an existing certificate of registration or obtaining a new certificate of registration.

([8]7) A certificate of registration may be [revoked]suspended as provided in this rule, Section 23-19-9 and Rule R657-26.

 

R657-3-12. Application Procedures -- Fees.

(1)(a) [Applications]Initial and renewal applications for certificates of registration are available from, and must be submitted to, the Wildlife Registration Office in Salt Lake City or any regional division office.

(b) [The application]Applications may require [up to]a minimum of 45 days for review and processing from the date the application is received.

(c) Applications that are incomplete, completed incorrectly, or submitted without the appropriate fee or other required information may be returned to the applicant.

(2)(a) Legal tender in the correct amount must accompany the application.

(b) The certificate of registration fee includes a nonrefundable handling fee.

(c) [Fees]Upon request, applicable fees may be waived for wildlife rehabilitation, educational or scientific activities, or for state or federal agencies[ upon request] if, in the opinion of the division, the activity [is]will significantly [beneficial to]benefit the division, wildlife, or wildlife management.

 

R657-3-13. Retroactive Effect on Possession.

A person lawfully possessing [a zoological]an animal prior to the effective date of any species reclassification may receive a certificate of registration from the division for the continued possession of that[ zoological] animal where the animal's species classification has changed hereunder from noncontrolled to controlled or prohibited[, or from controlled to prohibited]. The certificate of registration shall be obtained within six months of the reclassification[, or]. If a certificate of registration is not obtained possession of the[ zoological]animal thereafter shall be unlawful.

 

R657-3-14. Issuance Criteria.

(1) The following factors shall be considered before the division may issue or renew a certificate of registration for the collection, importation, transportation, possession or propagation of an animal:

(a) the health, welfare, and safety of the public;

(b) the health, welfare, safety, and genetic integrity of wildlife, domestic livestock, poultry, and other animals;

(c) ecological and environmental impacts;

(d) the suitability of the applicant's holding facilities;

(e) the experience of the applicant for the activity requested; and

(f) ecological or environmental impact on other states.

(2) In addition to the criteria provided in Subsection (1), the division shall use the following criteria for the issuance or renewal of a certificate of registration for a scientific use of [a zoological]an animal;

(a) the validity of the objectives and design;

(b) the likelihood the project will fulfill the stated objectives;

(c) the applicant's qualifications to conduct the research, including[ the requisite] education or experience;

(d) the adequacy of the applicant's resources to conduct the study; and

(e) whether the scientific use is in the best interest of the[ zoological]animal, wildlife management, education, or the advancement of science without unnecessarily duplicating previously documented scientific research.

(3) In addition to the criteria provided in Subsection (1), the division may use the following criteria for the issuance or renewal of a certificate of registration for an educational use of [a zoological]an animal:

(a) the objectives and structure of the educational program; and

(b) whether the applicant has written approval from the appropriate official if the activity is conducted in a school or other educational facility[.]: and

( c) whether the individual is in possession of the required federal permits.

(4) The division may deny issuing or renewing a certificate of registration to any applicant, if:

(a) the applicant has violated any provision of Title 23, Utah Wildlife Resources Code, Administrative Code R657, proclamation or guidebook, a certificate of registration, an order of the Wildlife Board or any other law that when considered with the functions and responsibilities of collecting, importing, possessing or propagating [a zoological]an animal bears a reasonable relationship to the applicant's ability to safely and responsibly carry out such activities;

(b) the applicant has previously been issued a certificate of registration and failed to submit any report or information required by this rule, the division, or the Wildlife Board;

(c) the applicant misrepresented or failed to disclose material information required in connection with the application; or

(d) holding the[ zoological] animal at the proposed location violates federal, state, or local laws.

(5) The collection or importation and subsequent possession of [a zoological]an animal [shall]may be granted only upon a clear demonstration that the criteria established in this section have been met by the applicant.

(6) The division, in making a determination under this section, may [use]consider any available facts or information [available] that is relevant to the issuance or renewal of the certificate of registration, including independent inquiry or investigation to verify information or substantiate the qualifications asserted by the applicant.

(7) If an application is denied, the division shall provide the applicant with written notice of the reasons for denial.

(8) An appeal of the denial of an application may be made as provided in Section R657-3-37.

 

R657-3-15. Amendment to Certificate of Registration.

(1)(a) If [material ]circumstances materially change, requiring a modification of the terms of the certificate of registration, the holder may request an amendment by submitting written justification and supporting information.

(b) The division may amend the certificate of registration or deny the request based on the criteria for initial and renewal applications provided in Section R657-3-14, and, if the request for an amendment is denied, shall provide the applicant with written notice of the reasons for denial.

(c) The division may charge a fee for amending the certificate of registration.

(d) An appeal of a request for an amendment may be made as provided in Section R657-3-37.

(2) The division reserves the right to amend any certificate of registration for good cause upon notification to the holder and written findings of necessity.

(3)(a) Each holder of a certificate of registration shall notify the division within 30 days of any change in mailing address.

(b) [Zoological animals]Animals or activities authorized by a certificate of registration may not be held at any location not specified on the certificate of registration without prior written permission from the division.

 

R657-3-16. Records and Reports.

(1)(a) From the date of issuance or renewal of the certificate of registration, the holder shall maintain complete and accurate records of any taking, possession, transportation, propagation, sale, purchase, barter, or importation authorized pursuant to this rule or the certificate of registration.

(b) Records must be kept current and shall include the names, phone numbers, and addresses of persons [with]to whom any[ zoological] animal has been sold, bartered, or otherwise transferred or received, and the dates of the transactions.

(c) The records required under this section must be maintained for two years from the expiration date of the certificate of registration.

(2) Reports of activity must be submitted to the Wildlife Registration Office as specified on the certificate of registration.

(3) Failure to submit the appropriate records and reports may result in [revocation or] denial or suspension of a certificate of registration.

 

R657-3-17. Collection, Importation or Possession for Personal Use.

(1) A person may collect, import or possess live or dead[ zoological]animals or their parts for a personal use only as follows:

(a) Certificates of registration are not issued for the collection, importation or possession of any live or dead[ zoological]animals or their parts classified as prohibited, except as provided in R657-3-36 or the rules and guidebooks of the Wildlife Board.

(b) A certificate of registration is required for collecting, importing or possessing any live or dead[ zoological]animals or their parts classified as controlled, except as otherwise provided by this rule or the rules and guidebooks of the Wildlife Board.

(c) A certificate of registration is not required for collecting, importing or possessing live or dead[ zoological]animals or their parts classified as noncontrolled.

(2) Notwithstanding Subsection (1), a person may import or possess any dead[ zoological] animal or its parts, except as provided in Section R657-3-8, for[ a] personal use without obtaining a certificate of registration, provided the animal was legally taken, is held in legal possession, and a valid license, permit, tag, certificate of registration, bill of sale, or invoice is available for inspection upon request.

 

R657-3-18. Collection, Importation or Possession of a Live[ Zoological] Animal for a Commercial Use.

(1)(a) [Pursuant to Sections 23-13-13 and 23-20-3, a]A person may not collect or possess a live[ zoological]animal for a commercial use or commercial venture for [pecuniary]financial gain, unless otherwise provided in the rules and proclamations of the Wildlife Board[, a certificate of registration or a memorandum of understanding with the division].

(b) Use of brine shrimp for culturing ornamental [fish]aquatic animal species is not a commercial use if the brine shrimp eggs or cysts are not sold, bartered, or traded and no more than 200 pounds are collected annually.

(2)(a) A person may import or possess a live[ zoological]animal or parts thereof classified as non-controlled for a commercial use or a commercial venture, except native or naturalized species of[zoological] animals may not be sold or traded unless they originate from a captive-bred population.

(b) Complete and accurate records for native or naturalized species must be maintained and available for inspection for two years from the date of transaction, documenting the date, name, phone number, and address of the person from whom the[ zoological] animal has been obtained.

(3)(a) A person may not import, collect or possess a live[ zoological]animal classified as controlled for a commercial use or commercial venture, without first obtaining a certificate of registration.

(b) A certificate of registration will not be issued to sell or trade a native or naturalized species of[ zoological] animal classified as controlled unless it originates from a captive-bred population.

(c) It is unlawful to transfer a live[ zoological] animal classified as controlled to a person who does not have a certificate of registration to possess the[ zoological]animal.

(d) Complete and accurate records must be maintained and available for inspection for two years from the date of transaction, documenting the date, name, phone number, and address of the person from whom the[zoological] animal has been obtained.

(e) Complete and accurate records must be maintained and available for inspection for two years from the date of transfer, documenting the date, name, address and certificate of registration number of the person receiving the[ zoological]animal.

(4)(a) A certificate of registration will not be issued for importing or possessing a live[ zoological] animal classified as prohibited for a commercial use or commercial venture, except as provided in Subsection (b)[.] or R657-3-36.

(b) The division may issue a certificate of registration to a zoo, circus, amusement park, aviary, aquarium, or film company to import, collect or possess live species of[ zoological] animals classified as prohibited if, in the opinion of the division, the importation for a commercial use is beneficial to wildlife or significantly benefits the general public without material detriment to wildlife.

(c) The division's authority to issue a certificate of registration to a zoo, circus, amusement park, [or]aquarium, aviary or film company under this Subsection is restricted to those facilities that keep the prohibited species of[ zoological]animals in a park, building, cage, enclosure or other structure for the primary purpose of public exhibition[ or], viewing , or filming.

(5) An entry permit, and a certificate of veterinary inspection are required by the Department of Agriculture to import a live[ zoological] animal classified as noncontrolled, controlled or prohibited.

 

R657-3-19. Collection, Importation or Possession of Dead [Zoological ]Animals or Their Parts for a Commercial Use.

(1) Pursuant to Sections 23-13-13 and 23-20-3, a person may not collect, import or possess any dead[ zoological] animal or its parts for a commercial use or commercial venture for [pecuniary]financial gain, unless otherwise provided in the rules and proclamations of the Wildlife Board, or a memorandum of understanding with the division.

(2) The restrictions in Subsection (1) do not apply to the following:

(a) the commercial use of a dead coyote, jackrabbit, muskrat, raccoon, or its parts;

(b) a business entity that has obtained a certificate of registration from the division to conduct nuisance wildlife control or carcass removal[ is allowed]; and

(c) dead[ zoological] animals sold or traded for educational use.

 

R657-3-20. Collection, Importation or Possession for Scientific or Educational Use.

(1) A person may collect, import or possess live or dead[ zoological]animals or their parts for a scientific or educational use only as follows:

[(1)](a) Certificates of registration are not issued for collecting, importing or possessing live or dead[ zoological] animals classified as prohibited, except as provided in Subsection (b)[.], or R657-3-36.

(b) The division may issue a certificate of registration to a university, college, governmental agency, bona fide nonprofit institution, or a person involved in wildlife research to collect, import or possess live or dead[ zoological]animals classified as prohibited if, in the opinion of the division, the scientific or educational use is beneficial to wildlife or significantly benefits the general public without material detriment to wildlife.

(2) A person shall obtain a certificate of registration before collecting, importing or possessing live or dead[ zoological]animals or their parts classified as controlled.

(3) A certificate of registration is not required to collect, import or possess live or dead[ zoological]animals classified as noncontrolled.

 

R657-3-21. Classification and Specific Rules for Birds.

(1) The following birds are classified as noncontrolled for collection, importation and possession:

(a) Penguins, family Spheniscidae[ Family], (All species);

(b) Megapodes (Mound-builders), family Megapodiidae[ Family] (All species);

(c) Coturnix quail, family Phasianidae[ Family] (Coturnix spp.);

(d) Buttonquails, family Turnicidae[ Family] (All species);

(e) Turacos (including Plantain eaters and Go-away-birds), family Musophagidae[ Family] (All species);

(f) Pigeons and Doves, family Columbidae[ Family] (All species not native to North America);

(g) Parrots, family Psittacidae[ Family] (All species not native to North America);

(h) Rollers, family Coraciidae[ Family] (All species);

(i) Motmots, family Momotidae[ Family] (All species);

(j) Hornbills, family Bucerotidae[ Family] (All species);

(k) Barbets, families Capitonidae and Rhamphastidae[ Families] (Capitoninae) (All species not native to North America;

(l) Toucans, families Ramphastidae and Rhamphastidae[ Families] (Ramphastinae) (All species not native to North America;

(m) Broadbills, family Eurylaimidae[ Family] (All species);

(n) Cotingas, family Cotingidae[ Family] (All species);

(o) Honeyeaters, Meliphagidae Family (All species);

(p) Leafbirds and Fairy-bluebirds, family Irenidae[ Family] (Irena spp., Chloropsis spp., and Aegithina spp.);

(q) [Starlings, Sturnidae Family (All species, except European Starling);

(r)] Babblers, family Timaliidae[ Family] (All species);

([s]r) White-eyes, family Zosteropidae[ Family] (All species);

([t]s) Sunbirds, family Nectariniidae[ Family] (All species);

([u]t) Sugarbirds, family Promeropidae[ Family] (All species)

([v]u) Weaver finches, family Ploceidae[ Family] (All species);

([w]v) Estrildid finches (Waxbills, Mannikins, and Munias) family Estrildidae[ Family], (Estrildidae) (Estrildinae) (All species); and

([x]w) Vidua finches (Indigobirds and Whydahs) family Viduidae[Family], Estrildidae (Viduinae) (All species);

([y]x) Finches and Canaries, family Fringillidae[ Family] (All species not native to North America);

([z]y) Tanagers (including Swallow-tanager), family Thraupidae[ Family] (All species not native to North America); and

([aa]z) Icterids (Troupials, Blackbirds, Orioles, etc.), family Icteridae[ Family] (All species not native to North America, except Central and South American Cowbirds).

(2) The following birds are classified as noncontrolled for collection and possession, and controlled for importation:

(a) [European Starling, Sturnidae Family (Sturnus vulgaris); and]Cowbirds (Molothrus spp.) family Icteridae;

(b) European Starling, family Sturnidae (Sturnus bulgaris);

(c) House (English) Sparrow, family Passeridae[ Family] (Passer domesticus); and

(d) Domestic Pigeon (Rock Dove) (Columba livia) family Columbidae.

(3[) The following birds are classified as prohibited for collection and importation, and controlled for possession:

(a) Icteridae (Molothrus spp. and Scaphidura oryzivora).

(4]) The following birds are classified as prohibited for collection, importation and possession:

(a) Ocellated turkey, family Phasianidae[ Family], (Meleagris ocellata).

([5]4) All species and subspecies of birds and their parts, including feathers, not listed in Subsection (1) through Subsection ([4]3):

(a) and not listed in Appendix I or II of CITES are classified as prohibited for collection and controlled for importation and possession;

(b) and listed in Appendix I of CITES are classified as prohibited for collection and importation and controlled for possession;

(c) and listed in Appendix II of CITES are classified as prohibited for collection and controlled for importation and possession.

(d) destruction of resident Canada goose eggs and nests is allowed provided the landowner complies with R657-3-8(3).

(5) Destruction of resident Canada goose eggs and nests is allowed provided the landowner complies with R657-3-8(3).

 

R657-3-22. Classification and Specific Rules for Crustaceans and Mollusks.

(1) Crustaceans are classified as follows:

(a) Asiatic (Mitten) Crab, family Grapsidae[ Family] (Eriocheir, All species) are prohibited for collection, importation and possession;

(b) Brine shrimp, family Mysidae[ Family] (All species) are classified as controlled for collection, and noncontrolled for importation and possession;

(c)[ Red-claw crayfish, Astacidae Family (Cherax quadricarinatus) is prohibited for collection, and controlled for importation and possession;

(d)] Crayfish, families Astacidae, Cambaridae and Parastacidae[Families] (All species except Cherax quadricarinatus) are prohibited for collection, importation and possession;

(d) Pilose crayfish, (Pacificastacus gambelii) is prohibited for collection, importation, and possession;

(e) Daphnia, family Daphnidae[ Family] (Daphnia lumholtzi) is prohibited for collection, importation and possession;

(f) Fishhook water flea, family Cercopagidae[ Family] (Cercopagis pengoi) is prohibited for collection, importation and possession; and

(g) Spiny water flea, family Cercopagidae[ Family] (Bythotrephes cederstroemii) is prohibited for collection, importation and possession.

(h) Stygobromus utahensis, family Crangonnyctidae is prohibited for collection, importation and possession.

(2) Mollusks are classified as follows:

(a) [African giant snail,]Family Achatinidae [Family (Achatina fulica](All species) is prohibited for collection, importation and possession;

(b) Brian [head]Head mountainsnail, family Oreohelicidae[ Family] (Oreohelix parawanensis) is controlled for collection, importation and possession;

(c) [California floater, Anodontidae Family (Anodonta californiensis)]Dark falsemussel, (Mytilopsis leucophaeta) family Dreissenidae is controlled for collection, importation and possession;

(d) [Corrugated]Deseret mountainsnail, family Oreohelicidae [Family (Oreohelix haydeni corrugata](Oreohelixperipherica) is controlled for collection, importation and possession;

(e) [Cummings' mountainsnail, Oreohelicidae Family (Oreohelix yavapai cummingsi)]Desert springsnail, (Pyrgulopsis deserta) family Hydrobiidae is controlled for collection, importation and possession;

(f) [Deseret mountainsnail, Oreohelicidae Family (Oreohelix peripherica) is controlled]Desert valvata, (Valvata utahensis) family Valvatidae is prohibited for collection, importation and possession;

(g) [Desert springsnail, Hydrobiidae Family (Pyrgulopsis deserta)]Eureka mountainsnail, (Oreohelix eurekensis) family Oreohelicidae is controlled for collection, importation and possession;

(h) [Desert valvata, Valvatidae Family (Valvata utahensis) is prohibited]Fat-whorled pondsnail, (Stagnicola bonnevillensis) family Lymnaeidae is controlled for collection, importation and possession;

(i) [Eureka mountainsnail, Oreohelicidae Family (Oreohelix eurekensis)]Fish Lake physa, (Physella microstriata) family Physidae is controlled for collection, importation and possession;

(j) [Fat-whorled pondsnail, Lymnaeidae Family]Fish Springs marshsnail, (Stagnicola [bonnevillensis) is controlled]pilsbryi) family Lymnaeidae is prohibited for collection, importation and possession;

(k) [Fish lake physa, Physidae Family (Physella microstriata)]Floater, (Anodonta spp. All species) family Anodontidae is controlled for collection, importation and possession;

(l) [Fish springs marshsnail, Lymnaeidae Family (Stagnicola pilsbryi) is prohibited]Glossy valvata, (Valvata humeralis) family Valvatidae is controlled for collection, importation and possession;

(m) [Glossy valvata, Valvatidae Family (Valvata humeralis) is controlled]Kanab ambersnail, (Oxyloma kanabense) family Succineidae is prohibitedfor collection, importation and possession;

(n) [Kanab ambersnail, Succineidae Family (Oxyloma kanabense) is prohibited]Lyrate mountainsnail, (Oreohelix haydeni) family Oreohelicidae is controlled for collection, importation and possession;

(o) [Lyrate mountainsnail, Oreohelicidae Family (Oreohelix haydeni) is controlled]New Zealand mudsnail, (Potamopyrgus antipodarum) family Hydrobiidae is prohibited for collection, importation and possession;

(p) [New Zealand Mudsnail, Hydrobiidae Family (Potamopyrgus antipodarum)]Quagga mussel, (Dreissena bugenses) family Dreissenidae is prohibited for collection, importation and possession;

(q) [Quagga mussel, Dreissenidae Family (Dreissena bugenses)]Red-rimmed melania, (Melanoides tuberculatus) family Thiaridae is prohibited for collection, importation and possession;

(r) [Spruce snail, Thysanophoridae Family (Microphysula ingersolli) is]Springsnails or pyrgs (Prygulopsis spp,. All species) family Hydrobiidae are controlled for collection, importation and possession[;].

(s) [Thickshell pondsnail, Lymnaeidae Family (Stagnicola utahensis) is prohibited]Southern tightcoil, (Ogaridiscus subrupicola) family Zonitidae is controlled for collection, importation and possession;

(t) [Utah physa, Physidae Family (Physella utahensis)]Spruce snail, (Microphysula ingersolli) family Thysanophoridae is controlled for collection, importation and possession;

(u) [Wet-rock physa, Physidae Family (Physella zionis) is controlled]Thickshell pondsnail, (Stagnicola utahensis) family Lymnaeidae is prohibited for collection, importation and possession;

(v) Utah physa, (Physella utahensis) family Physidae is controlled for collection, importation and possession;

(w) Western pearlshell, (Margaritifera falcata) family Margaritiferidae is prohibited for collection, importation and possession;

(x) Wet-rock physa, (Physella zionis) family Physidae is controlled for collection, importation and possession;

(y) Yavapai mountainsnail, [Oreohelicidae Family] (Oreohelix yavapai) family Oreohelicidae is controlled for collection, importation and possession; and

([w]z) Zebra mussel, [Dreissenidae Family] (Dreissena polymorpha) [is prohibited for collection, importation and possession.

(x) Red-Rimmed Melania, Thiaridae Family (Melanoides tuberculatus) is prohibited for collection, importation and possession.

(y) Western Pearlshell, Margaritiferidae Family (Margaritifera falcata)]family Dreissenidae is prohibited for collection, importation and possession.

(3) All native species and subspecies of crustaceans and mollusks not listed in Subsection (1) and (2) , excluding ornamental aquatic animal species, are classified as [noncontrolled]controlled for collection, importation and possession.

(4) All nonnative species and subspecies of crustaceans and mollusks not listed in Subsection (1) and (2) , excluding ornamental aquatic animal species, are classified as prohibited for collection, importation and possession.

 

R657-3-23. Classification and Specific Rules for Fish.

(1) All species of fish listed in Subsections (2) through (30) are classified as prohibited for collection, importation and possession, except:

(a) Koi,[ Cyprinidae Family] (Cyprinus carpio) family Cyprinidae is prohibited for collection, and noncontrolled for importation and possession;

(b) all species and subspecies of ornamental [fish]aquatic animal species not listed in Subsections (2) through (30) are classified as prohibited for collection, and noncontrolled for importation and possession; and

(c) all native and nonnative species and subspecies of [non-]fish that are not ornamental [fish (native and/or nonnative)]aquatic animal species and not listed in Subsections (2) through (30) are classified as prohibited for collection, and controlled for importation and possession.

(2) Carp, including hybrids, family Cyprinidae[ Family,] (All species, except Koi).

(3) Catfish:

(a) Blue catfish, (ictalurus furcatus) family Ictaluridae;

(b) Flathead catfish,[ Ictaluridae Family] (Pylodictus olivaris) family Ictaluridae;

([b]c) Giant walking catfish (airsac), family Heteropneustidae[ Family] (All species);

([c]d) Labyrinth catfish (walking), family Clariidae[ Family] (All species); and

([d]e) Parasitic catfish (candiru, carnero) family Trichomycteridae[ Family] (All species[).

(e) Blue catfish, Ictaluridae Family (Ictalurus furcatus]).

(4) Herring:

(a) Alewife, [Clupeidae Family ](Alosa pseudoharengus) family Clupeidae; and

(b) Gizzard shad, [Clupeidae Family ](Dorosoma cepedianum) family Clupeidae.

(5) Killifish, family Fundulidae[ Family] (All species).

(6) Pike killifish, [Poeciliidae Family ](Belonesox belizanus) family Poeciliidae.

(7) Minnows:

(a) Bonytail, [Cyprinidae Family ](Gila elegans) family Cyprinidae;

(b) Colorado pikeminnow, [Cyprinidae Family ](Ptychocheilus lucius) family Cyprinidae;

(c) Creek chub, [Cyprinidae Family ](Semotilus atromaculatus) family Cyprinidae;

(d) Emerald shiner, (Notropis athernoides) family Cyprinidae;

(e) Humpback chub, [Cyprinidae Family ](Gila cypha) family Cyprinidae;

([e]f) Least chub,[ Cyprinidae Family ](Iotichthys phlegethontis) family Cyprinidae;

([f]g) Northern [Leatherside]leatherside chub,[ Cyprinidae Family] (Lepidomeda copei)[;

(g) Southern Leatherside chub,] family Cyprinidae[ Family (Lepidomeda aliciae)];

(h) Red shiner,[ Cyprinidae Family] (Cyprinella lutrensis) family Cyprinidae;

(i) Redside shiner,[ Cyprinidae Family] (Richardsonius balteatus) family Cyprinidae;

(j) Roundtail chub,[ Cyprinidae Family] (Gila robusta) family Cyprinidae;

(k) Sand shiner,[ Cyprinidae Family] (Notropis stramineus) family Cyprinidae;

(l) Southern leatherside chub, (Lepidomeda aliciae) family Cyprinidae;

(m) Utah chub,[ Cyprinidae Family] (Gila atraria) family Cyprinidae;

([m]n) Virgin River chub,[ Cyprinidae] (Gila seminuda) family Cyprinidae; and

([n]o) Virgin spinedace, Cyprinidae Family (Lepidomeda mollispinis).

[(o) Emerald shiner, Cyprinidae Family (Notropis athernoides).

] (p) Woundfin,[ Cyprinidae Family] (Plagopterus argentissimus) family Cyprinidae.

(8) Burbot,[ Lotidae Family] (Lota lota) family Lotidae.

(9) Suckers:

(a) Bluehead sucker,[ Catostomatidae Family] (Catostomus discobolus) family Catostomidae;

(b) Desert sucker,[ Catostomatidae Family] (Catostomus clarki) family Catostomidae;

(c) Flannelmouth sucker,[ Catostomatidae Family] (Catostomus latipinnis) family Catostomidae;

(d) June sucker,[ Catostomatidae Family] (Chasmistes liorus) family Catostomidae;

(e) Razorback sucker,[ Catostomatidae Family] (Xyrauchen texanus) family Catostomidae;

(f) Utah sucker,[ Catostomatidae Family] (Catostomus ardens) family Catostomidae; and

(g) White sucker,[ Catostomatidae Family] (Catostomus commersoni) family Catostomidae.

(10) White perch,[ Moronidae Family] (Morone americana) family Moronidae.

(11) Cutthroat trout,[ Salmonidae Family] (Oncorhynchus clarki) (All subspecies) family Salmonidae.

(12) Bowfin, (All species) family Amiidae[ Family (All species)].

(13) Bull shark,[ Carcharhinidae Family] (Carcharhinus leucas) family Carcharhinidae.

(14) Drum (All freshwater [forms]species), family Sciaenidae[ Family (All species)].

(15) Gar, (All species) family Lepidsosteidae[ Family (All species).]

(16) Jaguar guapote, [Cichlidae Family] (Cichlasoma managuense) family Cichlidae.

(17) Lamprey, (All species) family Petromyzontidae [Family (All species)].

(18) Mexican tetra, [Characidae Family] (Astyanax mexicanus, except blind form) family Characidae.

(19) Mooneye, (All species) family Hiodontidae[ Family (All species)].

(20) Nile perch,[ Centropomidae Family] (Lates, luciolates) (All species) family Centropomidae.

(21) Northern pike,[ Esocidae Family] (Esox lucius) family Esocidae.

(22) [Pirhana, Characidae Family]Piranha, (Serrasalmus, All species) family Characidae.

(23) Round goby,[ Gobiidae Family] (Neogobius melanostomus) family Gobiidae.

(24) Ruffe,[ Percidae Family] (Gymnocephalus cernuus) family Percidae.

(25) Snakehead,[ Channidae Family] (All species) family Channidae.

(26) Stickleback, (All species) family Gasterosteidae[ Family (All species)].

(27) Stingray (All freshwater[),] species) family Dasyatidae[ Family (All species)].

(28) Swamp eel, (All species) family Synbranchidae[ Family (All species)].

(29) Tiger fish[,]or guavinus, [Erythrinidae Family ](Hoplias malabaricus) family Erythrinidae.

(30) Tilapia, [Cichlidae Family] (Tilapia and Sarotherodon) (All species) family Cichlidae.

 

R657-3-24. Classification and Specific Rules for Mammals.

(1) Mammals are classified as follows:

(a) Monotremes ([Platypus]platypus and [Spiny]spiny anteaters), (All species) families Ornithorhynchidae and Tachyglossidae[ Families (All species)] are prohibited for collection, and controlled for importation and possession;

(b) Marsupials are classified as follows:

(i) [Opossum, Didelphidae Family]Virginia opossum, (Didelphis virginiana) family Didelphidae is noncontrolled for collection, prohibited for importation and controlled for possession;

(ii)[ Sugar glider, Petauridae Family (Petaurus breviceps) is noncontrolled for collection, importation or possession;

(iii)] Wallabies, wallaroos and kangaroos, (All species) family Macropodidae [Family (All species)] are prohibited for collection, importation and possession;

(c) Bats and flying foxes (All families, All species) (order Chiroptera), [All families (All species)] are prohibited for collection, importation and possession;

(d) Insectivores ([Insectivora]all groups, All species) are controlled for collection, importation and possession;

(e) Hedgehogs and [Tenrecs,]tenrecs, families Erinaceidae and Tenrecidae [Families,] except white bellied hedgehogs are controlled for collection, importation and possession;

(f) Shrews,[ Sorcidae Family] (Sorex spp. and Notisorex spp.) family Sorcidae are controlled for collection, importation and possession;

(g) Anteaters, [Sloths]sloths and [Armadillos (Xenartha),]armadillos (All families , [(]All species) (order Xenartha), are prohibited for collection, and controlled for importation and possession;

(h) Aardvark ([Tublidentata), Orycteropodidae Family (]Orycteropus afer) family Orycteropodidae is prohibited for collection, and controlled for importation and possession;

(i) Pangolins or [Scaly Anteaters (Philodota),] scaly anteaters (Manis spp., ) (order Philodota) are prohibited for collection and importation, and controlled for possession;

(j) Tree shrews ([Scandentia),Tupalidae Family (]All species) family Tupalidae are prohibited for collection, and controlled for importation and possession;

(k) Lagomorphs ([Rabbits, Hares and Pikas]rabbits,hares andpikas) are classified as follows:

(i) Jackrabbits, [Leporidae Family] (Lepus spp.) family Leporidae are noncontrolled for collection, and controlled for importation and possession;

(ii) Cottontails, [Leporidae Family] (Syvilagus spp.) family Leporidae are prohibited for collection, and controlled for importation and possession;

(iii) Pygmy rabbit, [Leporidae Family] (Brachylagus idahoensis) family Leporidae is prohibited for collection, and controlled for importation and possession;

(iv) Snowshoe hare, [Leporidae Family] (Lepus americanus) family Leporidae is prohibited for collection, and controlled for importation and possession;

(v) Pika, [Ochotonidae Family] (Ochotona princeps) family Ochotonidae is controlled for collection, importation and possession;

(l) Elephant shrews ([Macroscelidea),]All species) family Macroscelididae [Family (All species)] are prohibited for collection, and controlled for importation and possession;

(m) Rodents (order Rodentia) are classified as follows:

(i) Beaver, [Castoridae Family] (Castor canadensis) family Castoridae is controlled for collection, importation and possession;

(ii) Muskrat, [Cricetidae Family] (Ondatra zibethicus) family Muridae are noncontrolled for collection, and controlled for importation and possession;

(iii) Deer mice and related species, [Cricetidae Family] (Peromyscus spp.) family Muridae are controlled for collection, importation and possession;

(iv) Grasshopper mice, [Cricetidae Family] (Onychomys spp.) family Muridae are controlled for collection, importation and possession;

(v) [Heather vole, Cricetidae Family (Phenacomys intermedius) is]Voles (All genera and species), family Muridae, subfamily Microtinae are controlled for collection, importation and possession;

(vi) [Meadow vole, Cricetidae Family (Microtus pennsylvanicus) is noncontrolled]Western harvest mouse, (Reithrodontomys megalotis) family Muridae is controlled for collection,[and controlled for] importation and possession;

(vii) [Red-backed vole, Cricetidae Family (Clethrionomys gapperi) is]Woodrats, (Neotoma spp.) family Muridae are controlled for collection, importation and possession;

(viii) [Sagebrush vole, Cricetidae Family (Lemmiscus curtatus) is controlled for collection, importation and possession;

(ix) Other voles, Cricetidae Family (Microtus spp.) are controlled for collection, importation and possession;

(x) Western harvest mouse, Cricetidae Family (Reithrodontomys megalotis) is controlled for collection, importation and possession;

(xi) Woodrats, Cricetidae Family (Neotoma spp.) are controlled for collection, importation and possession;

(xii)] Nutria or coypu, [Myocastoridae Family] (Myocastor coypus) family Myocastoridae is noncontrolled for collection, prohibited for importation and controlled for possession;

([xiii]ix) Pocket gophers ([all]All species[), Geomyidae Family], except the Idaho pocket gopher (Thomomys [spp.)]idahoensis)) family Geomyidae are noncontrolled for collection, and controlled for importation and possession;

([xiv]x) Pocket mice, [Heteromyidae Family] (Perognathus spp. and Chaetodipus intermedius) family Heteromyidae are controlled for collection, importation and possession;

([xv]xi) Dark kangaroo mouse, [Heteromyidae Family] (Microdipodops pallidus) family Heteromyidae is controlled for collection, importation and possession;

([xvi]xii) Kangaroo rats, [Heteromyidae Family] (Dipodomys spp.) family Heteromyidae are controlled for collection, importation and possession;

([xvii) Desert kangaroo rat, Heteromyidae Family (Dipodomys deserti) is controlled for collection, importation and possession;

(xviii) Merriam's kangaroo rat, Heteromyidae Family (Dipodomys merriami) is controlled for collection, importation and possession;

(xix) Ord's kangaroo rat, Heteromyidae Family (Dipodomys ordii) is controlled for collection, importation and possession;

(xx]xiii) Abert's squirrel, [Sciuridae Family,] (Sciurus aberti[ navajo]) family Sciuridae is prohibited for collection, importation and possession;

([xxi]xiv) Black-tailed prairie dog, [Sciuridae Family] (Cynomys ludovicianus) family Sciuridae is controlled for collection, and prohibited for importation and possession;

([xxii]xv) Gunnison's prairie dog, [Sciuridae Family] (Cynomys gunnisoni) family Sciuridae is controlled for collection, importation and possession;

([xxiii]xvi) Utah prairie dog, [Sciuridae Family] (Cynomys parvidens) family Sciuridae is prohibited for collection, importation and possession;

([xxiv]xvii) White-tailed prairie dog, [Sciuridae Family] (Cynomys leucurus) family Sciuridae is controlled for collection, importation and possession;

([xxv]xviii) Chipmunks, All species except [Yellow]yellow-pine chipmunk[,] (Neotamias amoenus) family Sciuridae[ Family (Tamias and Eutamias)] are noncontrolled for collection, and controlled for importation and [possesion]possession;

[(xxvi](xix) Yellow-pine chipmunk, [Sciuridae Family, (Tamias](neotamias amoenus) family Sciuridae is controlled for collection, importation and possession;

([xxvii]xx) Northern flying squirrel, [Sciuridae Family] (Glaucomys sabrinus) family Sciuridae is controlled for collection, importation and possession;

([xxviii]xxi) Southern flying squirrel, [Sciuridae Family] (Glaucomys volans) family Sciuridae is prohibited for collection, importation and possession;

([xxix]xxii) Fox squirrel or eastern fox squirrel (Sciurus niger) family Sciuridae is prohibited for collection, importation, and possession;

(xxiii) Ground squirrel and rock squirrel, and antelope squirrels (All species, All genera), family Sciuridae are controlled for collection, importation and possession, except nuisance squirrels[,] which are noncontrolled for collection[, Sciuridae Family (Spermophilus spp. and Ammospermophilus leucurus) are controlled for collection, importation and possession];

([xxx]xxiv) Red squirrel[ or chickaree, except for nuisance animals, which are noncontrolled for collection, Sciuridae Family], (Tamiasciurus hudsonicus) family Sciuridae are controlled for collection, importation and [possesion]possession, except for nuisance animals, which are noncontrolled for collection;

([xxxi]xxv) Yellow-bellied marmot, [Sciuridae Family,] (Marmota flaviventris) family Sciuridae is controlled for collection, importation and possesion;

([xxxii]xxvi) Western jumping mouse,[ Zapodidae Family] (Zapus princeps) family Zapodidae is controlled for collection, importation and possession;

([xxxiii]xxvii) Porcupine, [Erethizontidae Family] (Erethizon dorsatum) family Erethizontidae is controlled for collection, importation and possession;

([xxxiv) Other]xxviii) Degus and other South American rodents,[ Degus and]family Octodontidae [Families] (All species) are prohibited for collection, importation and possession;

([xxxv]xxvix) Dormice, families Gliridae and Selevinidae [Families] (All species) are prohibited for collection, importation and [possesion]possession;

([xxxvi]xxx) African pouched rats, family Muridae[ Family] (All species) are prohibited for collection, importation and possession;

([xxxvii]xxxi) Jirds, [Muridae Family] (Meriones spp.) family Muridae are prohibited for collection, importation and possesion;

([xxxviii) Pygmy mice, Muridae Family (Mus triton)]xxxii) Mice, (All species of Mus) family Muridae, except Mus musculus are prohibited for collection, importation and possession;

([xxxix]xxxiii) Spiny mice, [Muridae Family] (Acomys spp.) family Muridae are prohibited for collection, importation and possesion;

([xl]xxxiv) Hyraxes ([Hyracoidea),]All species) family Procaviidae[ Family (All species)] are prohibited for collection, and controlled for importation and possession;

(xxxv) Idaho pocket gopher, (Thomomys idahoensis) family Geomyidae is controlled for collection, importation and possession.

(n) Hoofed mammals (Artiodactyla and Perissodactyla) are classified as follows:

(i) [Bison]American bison or [Buffalo (Wild]"buffalo" wild and free ranging[)], (Bos bison) family Bovidae [Family (Bison bison)] is prohibited for collection, importation and possession;

(ii) Collared peccary or javelina, (Tayassu tajacu) family Tayassuidae[Family (Pecari tajacu)] is prohibited for collection, importation and possession;

(iii) Axis deer, [Cervidae Family] (Cervus axis) family Cervidae is prohibited for collection, importation and possession;

(iv) Caribou, wild and free ranging, [Cervidae Family] (Rangifer tarandus) family Cervidae is prohibited for collection, importation and possession;

(v) Caribou, captive-bred, [Cervidae Family] (Rangifer tarandus) family Cervidae is prohibited for collection, and controlled for importation and possession;

(vi) Elk or red deer (Cervus elaphus), wild and free ranging, family Cervidae[Family (Cervus elaphus)] is prohibited for collection, importation and possession;

(vii) Fallow deer, (Cervus dama), wild and free ranging, family Cervidae[Family (Cervus dama)] is prohibited for collection, importation and possession;

(viii) Fallow deer, (Cervus dama) captive-bred, family Cervidae[Family (Cervus dama)] is prohibited for collection, and controlled for importation and possession;

(ix) Moose, [Cervidae Family] (Alces alces) family Cervidae is prohibited for collection, importation and possession;

(x) Mule deer, [Cervidae Family] (Odocoileus hemionus) family Cervidae is prohibited for collection, importation and possession;

(xi) [Red]White-tailed deer[,](Odocoileus virginianus), family Cervidae[ Family (Cervus elaphus)] is prohibited for collection, importation and possession;

(xii) Rusa deer, [Cervidae Family] (Cervus timorensis) family Cervidae is prohibited for collection, importation and possession;

(xiii) Sambar deer, [Cervidae Family] (Cervus unicolor) family Cervidae is prohibited for collection, importation and possession;

(xiv) Sika deer, [Cervidae Family] (Cervus nippon) family Cervidae is prohibited for collection, importation and possession;

(xv) [White-tailed deer, Cervidae Family (Odocoileus virginianus)]Muskox, (Ovibos moschatus), wild and free ranging, family Bovidae is prohibited for collection, importation and possession;

(xvi) Muskox, [wild and free ranging, Bovidae Family] (Ovibos moschatus)[is prohibited for collection, importation and possession;

(xvii) Muskox], captive-bred, family Bovidae[ Family (Ovibos moschatus)] is prohibited for collection, and controlled for importation and possession;

([xviii]xvii) Pronghorn, [Antilocapridae Family](Antilocapra americana) family Antilocapridae is prohibited for collection, importation and possession;

(xviii) Barbary sheep or aoudad, (Ammotragus lervia) family Bovidae is prohibited for collection, importation and possession;

(xix) [Barbary]Bighorn sheep [or Aoudad,](Ovis canadensis) (including hybrids)family Bovidae [Family (Ammotragus lervia) is]are prohibited for collection, importation and possession;

(xx)[ Bighorn] Dall's and Stone's sheep (Ovis dalli) (including hybrids) family Bovidae[ Family (Ovis canadensis)] are prohibited for collection, importation and possession;

(xxi) [Dall's and Stone's sheep (including hybrids) Bovidae Family (Ovis dalli) are prohibited for collection, importation and possession;

(xxii)] Exotic wild sheep (including [hybrids), Bovidae Family (Including Mouflon]mouflon, Ovis musimon; Asiatic or red sheep, Ovis orientalis; [Urial]urial, Ovis vignei; [Argali]argali, Ovis ammon; and [Snow Sheep, Ovis nivicola) are]snow sheep, Ovis nivicola), including hybrids, family Bovidae are prohibited for collection, importation and possession;

(xxii) Rocky Mountain goat, (Oreamnos americanus) family Bovidae is prohibited for collection, importation and possession;

(xxiii) [Rocky Mountain goat,]Ibex, (Capra ibex) family Bovidae [Family (Oreamnos americanus)] is prohibited for collection, importation and possession;

(xxiv) [Ibex, Bovidae Family (Capra ibex) is]Wild boar or pig (Sus scrofa), including hybrids, are prohibited for collection, importation and possession;

(o) Carnivores (Carnivora) are classified as follows:

(i) Bears, [Ursidae Family (Ursus, all](All species) family Ursidae are prohibited for collection, importation and possession;

(ii) Coyote, [Canidae Family] (Canis latrans) family Canidae is prohibited for importation, and is controlled by the Utah Department of Agriculture for collection and possession;

(iii) Fennec[fox, Canidae Family], (Vulpes zerda) family Canidae is prohibited for collection, importation and possession;

(iv) Gray fox, [Canidae Family] (Urocyon cinereoargenteus) family Canidae is prohibited for collection, importation and possession;

(v) Kit fox, [Canidae Family] (Vulpes macotis) family Canidae is prohibited for collection, importation and possession;

(vi) Red fox, [Canidae Family] (Vulpes vulpes) family Canidae, as applied to animals in the wild or taken from the wild, is noncontrolled for [collection,]lethal take and prohibited for [importation and]live collection, possession , or importation;

(vii) Gray wolf, (Canis lupus) except hybrids with domestic dogs, family Canidae[ Family (Canis lupus)] is prohibited for collection, importation and possession;

(viii) Wild Cats ( All species, including hybrids) family Felidae[ Family (All species)] are prohibited for collection, importation, and possession;

(ix) Bobcat, (Lynx rufus) wild and free ranging, family Felidae[Family (Felis rufus)] is prohibited for collection, importation and possession;

(x) Bobcat, (Lynx rufus) captive-bred, family Felidae[ Family (Felis rufus)] is prohibited for collection, and controlled for importation and possession;

(xi) Cougar, [Felidae Family (Felis]puma or mountain lion, (Puma[)] concolor) family Felidae is prohibited for collection, importation and possession;

(xii) Canada lynx, (Lynx[,] lynx) wild and free ranging, family Felidae [Family (Felis lynx)] is prohibited for collection, importation and possession;

(xiii) Eurasian lynx, (Lynx[,] lynx) captive-bred, family Felidae[ Family (Felis lynx)] is prohibited for collection, and controlled for importation and possession;

(xiv) [Badger, Mustelidae Family]American badger, (Taxidea taxus) family Mustelidae is prohibited for collection, importation and possession;

(xv) Black-footed ferret, [Mustelidae Family] (Mustela nigripes) family Mustelidae is prohibited for collection, importation or possession;

(xvi) Ermine , stout, or short-tailed weasel, [Mustelidae Family] (Mustela erminea) family Mustelidae is prohibited for collection, importation and possession;

(xvii) Long-tailed weasel[, Mustelidae Family] (Mustela frenata) family Mustelidae is prohibited for collection, importation and possession;

(xviii) [Marten,]American marten, (Martes americana) wild and free ranging, family Mustelidae [Family (Martes americana)] is prohibited for collection, importation and possession;

(xix) [Marten,]American marten, (Martes americana) captive-bred, family Mustelidae [Family (Martes americana)] is prohibited for collection, controlled for importation and possession;

(xx) [Mink,]American mink, (Neovison vison) except domestic forms, family Mustelidae[ Family (Mustela vison)] is prohibited for collection, importation and possession;

(xxi) Northern [River Otter, Mustelidae Family (Lutra]river otter, (Lontra canadensis) family Mustelidae is prohibited for collection, importation and possession;

(xxii) Striped skunk,[ except nuisance skunks, which are noncontrolled for collection, Mustelidae Family] (Mephitis mephitis) family Mephitidae is prohibited for collection, importation, and possession , except nuisance skinks, which are noncontrolled for collection;

(xxiii) Western spotted skunk, [Mustelidae Family] (Spilogale gracilis) family Mephitidae is prohibited for collection, importation, and possession;

(xxiv) Wolverine, [Mustelidae Family] (Gulo gulo) family Mustelidae is prohibited for collection, importation and possession;

(xxv) Coatis, [Procyonidae Family] (Nasua spp. and Nasuella spp.) [is]family Procyonidae are prohibited for collection, importation and possession;

(xxvi) Kinkajou, [Procyonidae Family] (Potos flavus) family Procyonidae is prohibited for collection, importation and possession;

(xxvii) Northern Raccoon, [Procyonidae Family] (Procyon lotor) family Procyonidae is prohibited for importation, and controlled by the Department of Agriculture for collection and possession;

(xxviii) Ringtail, [Procyonidae Family] (Bassariscus astutus) family Procyonidae is prohibited for collection, importation and possession;

(xxix) Civets,[Genets]genets and related forms, [Viverridae Family] (All species) family Viverridae are prohibited for collection, importation and possession;

(p) Primates[(Prosimians) (Lower Primates)] are classified as follows:

(i) Lemurs, [Lemuridae Family] (All species) family Lemuridae are prohibited for collection, importation and possession;

(ii) Dwarf and mouse lemurs, (All species) family Cheirogaleidae[ Family (All species)] are prohibited for collection, importation and possession;

(iii) Indri and sifakas, [Indriidae Family] (All species) family Indriidae are prohibited for collection, importation and possession;

(iv) Aye aye, [Daubentonidae Family] (Daubentonia madagasciensis) family Daubentonidae is prohibited for collection, importation and possession;

(v) Bush babies, pottos and lorises, (All species) family Lorisidae[Family (All species)] are prohibited for collection, importation and possession;

(vi) Tarsiers, (All species) family Tarsiidae[ Family (All species)] are prohibited for collection, importation and possession;

(vii) [Capuchin-like]New World monkeys, [Cebidae Family] (All species) family Cebidae are prohibited for collection, importation and possession;

(viii) Marmosets and tamarins, (All species) family Callitrichidae[ Family (All species)] are prohibited for collection, importation and possession;

(ix) Old-world monkeys, (All species) which includes baboons and macaques, [Cerpithecidae Family (All species)]family Cercopithecidae are prohibited for collection, importation and possession;

(x) Great apes ([Gorilla, chimpanzee and orangutan), Pongidae Family (All species) are]All species) , which include gorillas, chimpanzees and orangutans, family Hominidae are prohibited for collection, importation and possession;

(xi) Lesser apes (Siamang and gibbons[),], All species), family Hylobatidae[ Family (All species)] are prohibited for collection, importation and possession;

(2) All species and subspecies of mammals and their parts, not listed in Subsection (1):

(a) and not listed in Appendix I or II of CITES are classified as prohibited for collection and controlled for importation and possession;

(b) and listed in Appendix I of CITES are classified as prohibited for collection and importation and controlled for possession;

(c) and listed in Appendix II of CITES are classified as prohibited for collection and controlled for importation and possession.

 

R657-3-25. Importation of[ Zoological] Animals into Utah.

(1) As provided in Rule R58-1, the Department of Agriculture and Food requires a valid certificate of veterinary inspection and an entry permit number before any[ zoological]animal may be imported into Utah.

(2)(a) All live fish imported into Utah and not destined for an aquaculture facility or fee fishing facility must be accompanied by the following documentation:

(i) common or scientific names of fish;

(ii) name and address of the consignor and consignee;

(iii) origin of shipment;

(iv) final destination;[ and]

(v) number of fish shipped ; and

(vi) certificate of veterinary inspection, Utah entry permit number issued by the Utah Department of Agriculture and Food, and any other health certifications.

(b) A person may import live fish destined for an aquaculture facility or fee fishing facility only as provided by Title 4, Chapter 37, Aquaculture Act and the rules promulgated thereunder.

(3) Subsection (2)(a) does not apply to dead fish or crayfish caught in Lake Powell, Bear Lake, or Flaming Gorge reservoirs under the authority of a valid fishing license and in accordance with Rule R657-13 and the proclamation of the Wildlife Board for taking fish and crayfish.

 

R657-3-26. Transporting Live[ Zoological] Animals Through Utah.

(1) Any controlled or prohibited [zoological]species of animal may be transported through Utah without a certificate of registration if:

(a) the[zoological] animal remains in Utah no more than 72 hours; and

(b) the[zoological] animal is not sold, transferred, exhibited, displayed, or used for a commercial venture while in Utah[.]; and

(c) the animal is a raptor used for falconry purposes in compliance with the requirements in R657-20.

(2) A certificate of veterinary inspection is required from the state of origin as provided in Rule R58-1 and proof of legal possession must accompany the[ zoological]animal.

(3) If delays in transportation arise, an extension of the 72 hours may be requested by contacting the Wildlife Registration Office in Salt Lake City.

(4) None of the provisions in this section will be construed to supersede R657-20-14 and R657-20-30.

 

R657-3-27. Importing[ Zoological] Animals into Utah for Processing.

(1) A person shipping[ zoological] animals directly to a state or federally regulated establishment for immediate euthanasia and processing is not required to obtain a certificate of registration or certificate of veterinary inspection provided the animals or their parts are accompanied by a waybill or other proof of legal ownership describing the animals, their source, and indicating the destination.

(2) Any water used to hold or transport fish may not be emptied into a stream, lake, or other natural body of water.

 

R657-3-28. Transfer of Possession.

(1) A person may possess [a zoological]an animal classified as prohibited or controlled only after applying for and obtaining a certificate of registration from the division or Wildlife Board as provided in this rule.

(2) Any person who possesses [a zoological]an animal classified as prohibited or controlled may transfer possession of that[ zoological] animal only to a person who has first applied for and obtained a certificate of registration for that[ zoological] animal from the division or Wildlife Board.

(3) The division may issue a certificate of registration granting the transfer and possession of that[ zoological] animal only if the applicant meets the issuance criteria provided in Section R657-3-14.

(4) A certificate of registration does not provide the holder any rights of succession.

 

R657-3-29. Propagation.

(1) A person may propagate[ zoological]animals classified as noncontrolled for possession.

(2) A person may propagate[ zoological]animals classified as controlled for possession only after obtaining a certificate of registration from the division, or as otherwise authorized in Sections R657-3-30, R657-3-31, and R657-3-32.

(3) A person may not propagate[ zoological]animals classified as prohibited for possession, except as authorized in Sections R657-3-30, R657-3-[31]31,R657-3-32, and R657-3-[32.]36.

 

R657-3-30. Propagation of Raptors.

(1) A person may propagate raptors only as provided in this section , R657-20-30, and[ Section] 50 CFR 21.30, [2002, ed.,]2011 which [is]are incorporated herein by reference. All applicants for captive breeding permits must become familiar with this rule and [the]other applicable state and federal regulations.

(2) A person must apply for a federal raptor propagation permit and a certificate of registration from the division to propagate raptors.

(3) If the applicant requests authority to use raptors taken from the wild, the [regional director of the U.S. Fish and Wildlife Service in consultation with the]division's avian program coordinator must determine the following:

(a) whether issuance of the permit would have significant effect on any wild population of raptors;

(b) the length of time the wild caught raptor has been in captivity;

(c) whether suitable captive stock is available; and

([c]d) whether wild stock is needed to enhance the genetic variability of captive stock ; and

(e) whether a federal permit to use a wild caught raptor for propagation has been issued.

(4) Raptors may not be taken from the wild for captive breeding, except as provided in Subsection (3)[.] and R657-20-30.

(5) A person must obtain authorization from the division before importing raptors or raptor semen into Utah[ or importing captive-raised raptors for sale]. The authorization shall be noted on the certificate of registration.

(6) A person may sell a captive-bred raptor properly marked with a band approved by the U.S. Fish and Wildlife Service or issued by the U.S. Fish and Wildlife Service to a resident raptor breeder or falconer who has a valid [federal and state license or to]Utah falconry certificate of registration or to a nonresident state and federally licensed apprentice, general or master class falconer or raptor breeder.

(7) A permittee may not purchase, sell or barter any raptor eggs, any raptors taken from the wild, any raptor semen collected from the wild, or any raptors hatched from eggs taken from the wild.

(8) [Each captive bred]A raptor [brought]imported into Utah [must be accompanied by a valid]is required to have:

(a) a certificate of veterinary inspection [issued by an accredited veterinarian] from the state , tribe, country or territory of origin ; and

(b) an import authorization number issued through the Utah Department of Agriculture and Food.

(9) A permittee may use raptors held in possession for propagation in the sport of falconry only if such use is designated on both the permittee's propagation permit and the [permittee's] falconry [permit]certificate of registration.

([10) Raptors used for falconry on temporary loan to a breeding project, with the division's authorization and accompanied by a Form 3-186A, Migratory Bird Acquisition and Disposition Report, provided by the U.S. Fish and Wildlife Service, must be included in the loaning falconer's bird number limitation as permitted in the license class designation.]a) Formal approval from the division is required to transfer a raptor from a falconry certificate of registration to propagation use that exceeds 8 months in duration.

([11)(a) Hybridization with the female of a species which is endangered or threatened is prohibited.]b) A licensed raptor propagator may temporarily possess and use a falconry raptor for propagation without division approval, provided the propagator possesses;

(i) a signed and dated statement from the falconer authorizing the temporary possession; and

([b) Interspecific hybridization between species is authorized only if each raptor produced is either imprinted on humans or surgically sterilized.]ii) a copy of the falconer's original FWS Form 3-186A for that raptor.

([i) "Imprinted on humans" means hand-raised in isolation from the sight of other raptors from two weeks of age until it is fully feathered.

(c) Documentation of imprinting on humans required under Subsection (b) must be provided by the propagator.

(12]10) Raptors considered unsuitable for release to the wild from rehabilitation projects, and certified as not releasable by the rehabilitator and a licensed veterinarian, may be placed [in a captive breeding project]with a licensed propagator upon written request [from an authorized breeder and with concurrence of]to the division from the licensed propagator that is endorsed by the rehabilitator and in concurrence with the U.S. Fish and Wildlife Service[ and the division].

([13]11) A copy of the propagator's annual report of activities required by the U.S. Fish and Wildlife Service must be sent to the division as specified on the certificate of registration.

(12) None of the provisions in this section will be construed to supersede R657-20-30.

 

R657-3-31. Propagation of Bobcat, Lynx, and Marten.

(1)(a) A person may propagate captive-bred bobcat, lynx (Canada and/or Eurasian), or American marten only after obtaining a certificate of registration from the division.

(b) The certificate of registration must be renewed annually.

(c) Renewal of a certificate of registration will be subject to submission of a report indicating:

(i) the number of progeny produced;

(ii) the animal's disposition; and

(iii) a certificate of inspection by a licensed veterinarian verifying that the animals are[ being] maintained under healthy and nutritionally adequate conditions.

(2)(a) Any person engaged in propagation must keep at least one male and one female in possession.

(b) Live bobcat, lynx, and American marten may not be obtained from the wild for use in propagation.

(c) Bobcat, lynx, and American marten held for propagation shall not be maintained as pets and shall not be declawed or defanged.

(3) The progeny and descendants of any bobcat, lynx, or American marten may be pelted or sold.

(4)(a) If any bobcat, lynx, or American marten is sold live to a person residing in Utah, the purchaser must have first obtained a certificate of registration from the division and must show proof of this fact to the seller.

(b) The offense of selling or transferring a live bobcat, lynx, or American marten to a person who has not obtained a certificate of registration shall be punishable against both the transferor and the transferee.

(5)(a) Each pelt must have attached to it a permanent possession tag before being sold, bartered, traded, or transferred to another person.

(b) Permanent possession tags may be obtained at any regional division office and shall be affixed to the pelt by a division employee.

(6) The progeny of bobcat, lynx, or American marten may not be released to the wild.

(7) Nothing in this section shall be construed to allow a person holding a certificate of registration for propagation to use or possess a bobcat, lynx, or American marten for any purpose other than propagation without express authorization on the certificate of registration.

 

R657-3-32. Propagation of Caribou, Fallow Deer, Musk-ox, and Reindeer.

(1)(a) A person may propagate captive-bred caribou, fallow deer, musk-ox, or reindeer only after obtaining a certificate of registration from the division.

(b[) Any person engaged in the propagation of caribou, fallow deer, musk-ox, or reindeer must submit an annual report identifying]) The certificate of registration must be renewed annually.

(c) Renewal of a certificate of registration will be subject to submission of a report indicating;

(i) the disposition of each animal held in possession during the year[.]; and

(ii) a certificate of inspection by a licensed veterinarian verifying that the animals are maintained under healthy and nutritionally adequate conditions.

(2)(a) If any live caribou, fallow deer, musk-ox, or reindeer is sold, traded, or given to another person as a gift in Utah, the purchaser must have first obtained a certificate of registration from the division and must show proof of this fact to the seller.

(b) The offense of selling or transferring a live caribou, fallow deer, musk-ox, or reindeer to a person who has not obtained a certificate of registration shall be punishable against both the transferor and the transferee.

(3) If, at any time, the division determines that the possession or propagation of caribou, fallow deer, musk-ox, or reindeer has a significantly detrimental effect to the health of any population of wildlife, the division may:

(a) terminate the authorization for propagation; and

(b) require the removal or destruction of the animals at the owner's expense.

 

R657-3-33. Violations.

(1) Any violation of this rule [is a class C misdemeanor,]shall be punishable as provided in Section 23-13-11.

(2) Nothing in this rule shall be construed to supersede any provision of Title 23, [Wildlife Resources Code] of Utah Code which establishes a penalty greater than [a class C misdemeanor]an infraction. Any provision of this rule which overlaps a provision of [that title]Title 23 is intended only as a clarification or to provide greater specificity needed for the administration of the provisions of this rule.

 

R657-3-34. Certification Review Committee.

(1) The division shall establish a Certification Review Committee which shall be responsible for:

(a) reviewing:

(i) petitions to reclassify species and subspecies of[ zoological]animals;

(ii) appeals of certificates of registration; and

(iii) requests for variances to this rule; and

(b) making recommendations to the Wildlife Board.

(2) The committee shall consist of the following individuals:

(a) the division director or the director's designee who shall represent the director's office and shall act as chair of the committee;

(b) the chief of the Aquatic Section;

(c) the chief of the Wildlife Section;

(d) the chief of the Public Services Section;

(e) the chief of the Law Enforcement Section;

(f) the state veterinarian or his designee; and

([f]g) a person designated by the Department of Health.

(3) The division shall require a fee for the submission of a request provided in Section R657-3-35 and R657-3-36.

 

R657-3-35. Request for Species Reclassification.

(1) A person may[ make a] request to change the classification of a species or subspecies of[ zoological]animal provided in this rule.

(2) A request for reclassification must be made to the Certification Review Committee by submitting an application for reclassification.

(3)(a) The application shall include:

(i) the petitioner's name, address, and phone number;

(ii) the species or subspecies for which the application is made;

(iii) the name of all interested parties known by the petitioner;

(iv) the current classification of the species or subspecies;

(v) a statement of the facts and reasons forming the basis for the reclassification; and

(vi) copies of scientific literature or other evidence supporting the change in classification.

(b) In addition to the information required under Subsection (a), the [petitioner]applicant must provide any information requested by the committee necessary to formulate a recommendation to the Wildlife Board.

(3)(a) The committee shall, within a reasonable time, consider the request for reclassification and shall submit its recommendation to the Wildlife Board.

(b) The committee shall send a copy of its recommendation to the [petitioner]applicant and other interested parties specified on the application.

(4)(a) At the next available Wildlife Board meeting , the Wildlife Board shall:

(i) consider the committee recommendation; and

(ii) any information provided by the [petitioner]applicant or other interested parties.

(b) The Wildlife Board shall approve or deny the request for reclassification based on the issuance criteria provided in Section R657-3-14.

(5) A change in species classification shall be made in accordance with Title 63G, Chapter [4,]3, Administrative Rulemaking Act.

[ (6) A request for species reclassification shall be considered a request for agency action as provided in Subsection 63G-4-201(3) and Rule R657-2.

]

R657-3-36. Request for Variance.

(1) A person may[ make a] request[ for] a variance to this rule for the collection, importation, propagation, or possession of [a zoological]an animal classified as prohibited under this rule by submitting a [request for ]variance request to the Certification Review Committee.

(2)(a) A[request for ]variance request shall include the following:

(i) the name, address, and phone number of the person making the request;

(ii) the species or subspecies of[ zoological]animal and associated activities for which the request is made; and

(iii) a statement of the facts and reasons forming the basis for the variance.

(b) In addition to the information required under Subsection (a), the person making the request must provide any information requested by the committee necessary to formulate a recommendation to the Wildlife Board.

(3) The committee shall, within a reasonable time, consider the request and shall submit its recommendation to the Wildlife Board.

(4) At the next available Wildlife Board meeting the Wildlife Board shall:

(a) consider the committee recommendation; and

(b) any information provided by the person making the request.

(5)(a) The Wildlife Board shall approve or deny the request based on the issuance criteria provided in Section R657-3-14.

(b) If the request applies to a broad class of persons and not to the unique circumstances of the applicant, the Wildlife Board shall consider changing the species classification before issuing a variance to this rule.

(6)(a) If the request is approved, the Wildlife Board may impose any restrictions on the person making the request considered necessary for that person to maintain the standards upon which the variance is made.

(b) Any restrictions imposed on the person making the request shall be included in writing on the certificate of registration which shall be signed by the person making the request before its issuance.

[(7) A request for variance shall be considered a request for agency action as provided in Subsection 63G-4-201(3) and Rule R657-2.

]

R657-3-37. Appeal of Certificate of Registration Denial.

(1) A person may appeal the division's denial of a certificate of registration by submitting an appeal request to the Certification Review Committee.

(2) The request must be made within 30 days after the date of the denial.

(3) The request shall include:

(a) the name, address, and phone number of the [petitioner]applicant;

(b) the date the request [was]is mailed;

(c) the species or subspecies of[ zoological] animals and the activity for which the application [was]is made; and

(d) supporting facts and other evidence applicable to resolving the issue.

(4) The committee shall review the request within a reasonable time after it is received.

(5) Upon reviewing the application and the reasons for its denial, the committee may:

(a) overturn the denial and approve the application; or

(b) uphold the denial.

(6) The committee may overturn a denial if the denial [was]is:

(a) based on insufficient information;

(b) inconsistent with prior [action]actions of the division or the Wildlife Board;

(c) arbitrary or capricious; or

(d) contrary to law.

(7)(a) Within a reasonable time after making its decision, the committee shall mail a notice to the [petitioner]applicant specifying the reasons for its decision.

(b) The notice shall include information [that a person may seek]on the procedures for seeking Wildlife Board review of that decision.

(8)(a) If the committee upholds the denial, the [petitioner]applicant may seek Wildlife Board review of the decision by submitting a request for Wildlife Board review within 30 days after its issuance.

(b) The request must include the information provided in Subsection (3).

(9)(a) Upon receiving a request for Wildlife Board review, the Wildlife Board shall, within a reasonable time, hold a hearing to consider the request.

(b) The Wildlife Board may:

(i) overturn the denial and approve the application; or

(ii) uphold the denial.

(c) The Wildlife Board shall provide the petitioner with a written decision within a reasonable time after making its decision.

[(10) An appeal contesting initial division determination of eligibility for a certificate of registration shall be considered a request for agency action as provided in Subsection 63G-4-201(3) and Rule R657-2.

]

KEY: wildlife, animal protection, import restrictions, zoological animals

Date of Enactment or Last Substantive Amendment: [May 8, 2008]2012

Notice of Continuation: March 11, 2008

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-20-3; 23-13-14; 63G-7-101 et seq.