No. 31053 (Amendment): R657-3. Collection, Importation, Transportation, and Possession of Zoological Animals

DAR File No.: 31053
Filed: 03/11/2008, 11:01
Received by: NL

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 Resources' (DWR) zoological animal program.

Summary of the rule or change:

The amendments to this rule clarify wording on native and nonnative species, and add classification status to additional fish, crustaceans, and mollusk species.

State statutory or constitutional authorization for this rule:

Sections 23-14-18, 23-14-19, 23-20-3, 23-13-14, and 63-30-1 et seq.

Anticipated cost or savings to:

the state budget:

The amendment clarifies native and nonnative species and adds classification status to some species. Therefore, DWR determines that these 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 and persons other than businesses:

These amendments clarify wording on native and nonnative species as well as add classification status for some species. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to other persons.

Compliance costs for affected persons:

The amendments are for clarification. 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 [e-mail]

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:

05/01/2008

This rule may become effective on:

05/08/2008

Authorized by:

James F Karpowitz, Director

RULE TEXT

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[ zoological] 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, and possession of species of zoological animals 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, R657-40, R657-46 and R657-53. 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 of coyotes and raccoons into Utah is governed by the Wildlife Board and is prohibited under this rule.

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

 

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

(1) Crustaceans are classified as follows:

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

(b) Brine shrimp, 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, Astacidae, Cambaridae and Parastacidae Families (All species except Cherax quadricarinatus) are prohibited for collection, importation and possession;

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

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

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

(2) Mollusks are classified as follows:

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

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

(c) California floater, Anodontidae Family (Anodonta californiensis) is controlled for collection, importation and possession;

(d) Corrugated mountainsnail, Oreohelicidae Family (Oreohelix haydeni corrugata) is controlled for collection, importation and possession;

(e) Cummings' mountainsnail, Oreohelicidae Family (Oreohelix yavapai cummingsi) is controlled for collection, importation and possession;

(f) Deseret mountainsnail, Oreohelicidae Family (Oreohelix peripherica) is controlled for collection, importation and possession;

(g) Desert springsnail, Hydrobiidae Family (Pyrgulopsis deserta) is controlled for collection, importation and possession;

(h) Desert valvata, Valvatidae Family (Valvata utahensis) is prohibited for collection, importation and possession;

(i) Eureka mountainsnail, Oreohelicidae Family (Oreohelix eurekensis) is controlled for collection, importation and possession;

(j) Fat-whorled pondsnail, Lymnaeidae Family (Stagnicola bonnevillensis) is controlled for collection, importation and possession;

(k) Fish lake physa, Physidae Family (Physella microstriata) is controlled for collection, importation and possession;

(l) Fish springs marshsnail, Lymnaeidae Family (Stagnicola pilsbryi) is prohibited for collection, importation and possession;

(m) Glossy valvata, Valvatidae Family (Valvata humeralis) is controlled for collection, importation and possession;

(n) Kanab ambersnail, Succineidae Family (Oxyloma kanabense) is prohibited for collection, importation and possession;

(o) Lyrate mountainsnail, Oreohelicidae Family (Oreohelix haydeni) is controlled for collection, importation and possession;

(p) New Zealand Mudsnail, Hydrobiidae Family (Potamopyrgus antipodarum) is prohibited for collection, importation and possession;

(q) Quagga mussel, Dreissenidae Family (Dreissena bugenses) is prohibited for collection, importation and possession;

(r) Spruce snail, Thysanophoridae Family (Microphysula ingersolli) is controlled for collection, importation and possession;

(s) Thickshell pondsnail, Lymnaeidae Family (Stagnicola utahensis) is prohibited for collection, importation and possession;

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

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

(v) Yavapai mountainsnail, Oreohelicidae Family (Oreohelix yavapai) is controlled for collection, importation and possession; and

(w) 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) is prohibited for collection, importation and possession.

(3) All native species and subspecies of crustaceans and mollusks not listed in Subsection (1) and (2) are classified as noncontrolled for collection, importation and possession.

([3]4) All nonnative species and subspecies of [invertebrates]crustaceans and mollusks not listed in Subsection (1) and (2) are classified as [noncontrolled]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) is prohibited for collection, and noncontrolled for importation and possession;

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

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

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

(3) Catfish:

(a) Flathead catfish, Ictaluridae Family (Pylodictus olivaris);

(b) Giant walking catfish (airsac), Heteropneustidae Family (All species);

(c) Labyrinth catfish (walking), Clariidae Family (All species); and

(d) Parasitic catfish (candiru, carnero) Trichomycteridae Family (All species).

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

(4) Herring:

(a) Alewife, Clupeidae Family (Alosa pseudoharengus); and

(b) Gizzard shad, Clupeidae Family (Dorosoma cepedianum).

(5) Killifish, Fundulidae Family (All species).

(6) Pike killifish, Poeciliidae Family (Belonesox belizanus).

(7) Minnows:

(a) Bonytail, Cyprinidae Family (Gila elegans);

(b) Colorado pikeminnow, Cyprinidae Family (Ptychocheilus lucius);

(c) Creek chub, Cyprinidae Family (Semotilus atromaculatus);

(d) Humpback chub, Cyprinidae Family (Gila cypha);

(e) Least chub, Cyprinidae Family (Iotichthys phlegethontis);

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

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

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

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

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

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

([k]l) Utah chub, Cyprinidae Family (Gila atraria);

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

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

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

(p)[(8)] Woundfin, Cyprinidae Family (Plagopterus argentissimus).

(8) Burbot, Lotidae Family (Lota lota).

(9) Suckers:

(a) Bluehead sucker, Catostomatidae Family (Catostomus discobolus);

(b) Desert sucker, Catostomatidae Family (Catostomus clarki);

(c) Flannelmouth sucker, Catostomatidae Family (Catostomus latipinnis);

(d) June sucker, Catostomatidae Family (Chasmistes liorus);

(e) Razorback sucker, Catostomatidae Family (Xyrauchen texanus);

(f) Utah sucker, Catostomatidae Family (Catostomus ardens); and

(g) White sucker, Catostomatidae Family (Catostomus commersoni).

(10) White perch, Moronidae Family (Morone americana).

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

(12) Bowfin, Amiidae Family (All species).

(13) Bull shark, Carcharhinidae Family (Carcharhinus leucas).

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

(15) Gar, Lepidsosteidae Family (All species).

(16) Jaguar guapote, Cichlidae Family (Cichlasoma managuense).

(17) Lamprey, Petromyzontidae Family (All species).

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

(19) Mooneye, Hiodontidae Family (All species).

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

(21) Northern pike, Esocidae Family (Esox lucius).

(22) Pirhana, Characidae Family (Serrasalmus, All species).

(23) Round goby, Gobiidae Family (Neogobius melanostomus).

(24) Ruffe, Percidae Family (Gymnocephalus cernuus).

(25) Snakehead, Channidae Family (All species).

(26) Stickleback, Gasterosteidae Family (All species).

(27) Stingray (freshwater), Dasyatidae Family (All species).

(28) Swamp eel, Synbranchidae Family (All species).

(29) Tiger fish, guavinus, Erythrinidae Family (Hoplias malabaricus).

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

 

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

Date of Enactment or Last Substantive Amendment: [December 12, 2006]2008

Notice of Continuation: March 11, 2008

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-20-3; 23-13-14 ; 63-30-1 et seq.