R657-28-18. Seed Harvesting

(1) The division may issue seed harvesting permits that grant a permittee exclusive rights to harvest all seeds for a specified species for a single growing season on the division property specified in the permit.

(2) Seed harvesting permits may be issued under a competitive bid process or on a first-come, first-served basis.

(a) The division may solicit competitive bids for seed harvesting permits for locations the division determines may provide opportunities for seed harvesting if such determination is made at least three weeks in advance of the anticipated onset of harvest.

(i) The division shall notify all parties by mail or electronic mail who have provided contact information and who have previously indicated their desire to be contacted regarding seed harvesting opportunities on division lands.

(ii) The bid award and seed harvesting permit shall be issued at least two weeks in advance of the anticipated onset of harvest.

(b) The division may issue seed harvesting permits on a first-come, first-served basis for locations the division determines may provide opportunities for seed harvesting if such determination is made after three weeks prior to the anticipated onset of harvest.

(i) Negotiated compensation shall reflect a fair market value of the opportunity provided.

(ii) In order to determine a fair market value of the seed harvesting opportunity, the division may rely upon, but not be limited to, one or more of the following:

(A) results of competitive bids for seed harvesting permits on other division properties;

(B) market information obtained from other landowners, including other state agencies;

(C) market information provided by a seed harvester's competitors; or

(D) market information provided by seed wholesalers or retailers; etc.

(3) Compensation received by the division may be either a percentage of the seeds harvested or other in-kind compensation, monetary compensation, or a combination thereof.

(a) All seed delivered to the division as compensation shall meet standards set forth in the Federal Seed Act (Title 7, Ch. 37), the Utah Seed Act (Utah Code Title 4 Chapter 16), and Utah Seed Law (Utah Administrative Rule R68-8), and shall also meet minimum germination and purity standards determined by the division.

(4) Permittees shall compensate the division in whole regardless of whether seeds are harvested, unless harvest was precluded by circumstances beyond the permittee's control.

(5) If the permittee breaches the provisions of the permit, the permit may be terminated and the permittee disqualified from bidding on future seed harvesting permits. The division shall notify the permittee in writing of any breach of the terms of the permit.

(6) Methods of harvest that in the judgment of the division may kill or seriously injure source plants are expressly prohibited.

(7) The permittee may post the specified division property as prohibited against unauthorized seed harvesting provided the posting prohibits harvesting of only those seed species which the permittee is granted exclusive right to harvest. Permittee must remove signs after harvest of seed.