R657-3-4. Definitions

  (1) Terms used for purposes of this rule are defined in Section 23-13-2 and Subsection (2) through Subsection (33).

  (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.

  (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.

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

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

  (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 animals, as provided in Rule R58-1.

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

  (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 may be viewed at http://www.cites.org/ which is incorporated herein by reference.

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

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

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

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

  (13) "Controlled species" means a species or subspecies of 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.

  (14) "Domestic" means an animal that belongs to a species which is notably different from its wild ancestors through generations of selective breeding 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 an animal for conducting educational activities concerning wildlife.

  (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 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.

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

  (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.

  (19) "Import" means to bring or cause an animal to be brought into Utah by any means.

  (20)(a) "Marine aquatic animal" means a member of any species of fish, mollusk, or crustacean that spends its entire life cycle in a marine environment.

  (b) "Marine aquatic animal" does not include:

  (i) anadromous aquatic animal species;

  (ii) species that temporarily or permanently reside in brackish water; and

  (iii) species classified as invasive or nuisance by state or federal law.

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

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

  (23) "Noncontrolled species" means a species or subspecies of 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.

  (24)(a) "Nonnative species" means a species or subspecies of animal that is not native to Utah.

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

  (25)(a) "Ornamental aquatic animal species" means any species of fish, mollusk, or crustacean that is commonly cultured and sold in the United States' aquarium industry for display.

  (b) "Ornamental 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.

  (26) "Personal use" means the possession and use of 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.

  (27) "Possession" means to physically retain or to exercise dominion or control over an animal.

  (28) "Prohibited species" means a species or subspecies of 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 this rule and any applicable federal laws.

  (29) "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.

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

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

  (32) "Transport" means to move or cause to move any animal within Utah by any means.

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