R657-3-11. Certificate of Registration

  (1)(a) Except as provided in Subsection (8) a person shall obtain a certificate of registration before collecting, importing, transporting, possessing or propagating any species of animal or its parts classified as prohibited or controlled, except as otherwise provided in this rule, statute or rules and orders of the Wildlife Board.

  (b) A certificate of registration is not required:

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

  (ii) to export any species or subspecies of animal from Utah, provided that the 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 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 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 expire effective upon the date of the representative's discontinuation of association with that entity.

  (c) Certificates of registration do not provide the holder 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 periodic regulation and monitoring by the division.

  (4) 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 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 animal or the public.

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

  (b) The division may use the criteria provided in Section R657-3-14 in determining whether to renew the 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 a renewal application is not submitted to the division by the expiration date, live or dead animals held in possession under the expired certificate of registration shall be considered unlawfully held and may be seized by the division.

  (e) If a renewal application is submitted to the division before the expiration date of the existing certificate of registration, continued possession of the animal under the expired certificate of registration shall remain lawful while the renewal application is pending.

  (6) Failure to submit timely, accurate, or valid reports as required under Section R657-3-16 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.

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

  (8)(a) A certificate of registration is not required to import, possess, or transfer a live marine aquatic animal classified as noncontrolled, controlled or prohibited, provided the marine aquatic animal is:

  (i) imported, possessed, or transferred for purposes of immediate human consumption;

  (ii) possessed live no longer than 30 days from the date of importation or the date of receipt, if acquired from an intrastate source;

  (iii) held in a tank or aquaria with an effluent that discharges into a sewage treatment system or other area that does not drain into any surface water source;

  (iv) never released in any water source, including sewer systems;

  (v) acquired from a lawful source and documentation of purchase is retained; and

  (vi) imported and possessed in compliance with applicable state and federal laws, including the importation requirements in R657-3-25.

  (b) A certificate of registration is not required to import, possess, or transfer a dead aquatic animal or its parts classified as noncontrolled, controlled or prohibited, provided it is:

  (i) imported, possessed, or transferred for purposes of immediate human consumption;

  (ii) acquired from a lawful source and documentation of purchase is retained; and

  (b) imported and possessed in compliance with applicable state and federal laws.