2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 10 - Aquatic Invasive Species Interdiction › Part 3 - Enforcement › Section 304 - Aquatic invasive species fee.

Effective 7/1/2023
23A-10-304.
Aquatic invasive species fee.
(1)
(a) Except as described in Subsection (3), there is imposed an annual resident aquatic invasive species fee of $20 on a vessel required to be registered under Section 73-18-7.
(b) The division shall:
(i) collect the aquatic invasive species fee imposed under Subsection (1)(a):
(A) in cooperation with the Division of Outdoor Recreation and in conjunction with the registration process described in Section 73-18-7; or
(B) through a division process if the vessel owner elects to not pay the aquatic invasive species fee in conjunction with the registration process;
(ii) deposit the aquatic invasive species fee into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211; and
(iii) administer the aquatic invasive species fee in accordance with this section.
(c) The aquatic invasive species fee imposed under this Subsection (1) is in addition to and is separate from a registration fee described in Section 73-18-7.
(2)
(a) Except as provided in Subsection (3), there is imposed an annual nonresident aquatic invasive species fee of $25 on a vessel to launch or operate a vessel in waters of this state if:
(i) the vessel is owned by a nonresident; and
(ii) the vessel would otherwise be subject to registration requirements under Section 73-18-7 if the vessel were owned by a resident of this state.
(b) The division shall:
(i) collect and administer an aquatic invasive species fee described in Subsection (2)(a) in accordance with this section; and
(ii) deposit the aquatic invasive species fee collected under this Subsection (2) into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211.
(3) Subsections (1) and (2) do not apply if the vessel is owned and operated by a state or federal government agency and the vessel is used within the course and scope of the duties of the agency.
(4) Before launching or operating a vessel on the waters of this state:
(a)
(i) a resident shall pay the aquatic invasive species fee as described in Subsection (1); and
(ii) a nonresident shall pay the aquatic invasive species fee as described in Subsection (2); and
(b) the resident or nonresident vessel owner shall successfully complete an aquatic invasive species education course offered by the division.
(5) Notwithstanding the fee amount described in Subsections (1) and (2), the Wildlife Board may increase resident and nonresident aquatic invasive species fees assessed under this section, so long as:
(a) the aquatic invasive species fee for nonresidents described in Subsection (2) is no less than the resident aquatic invasive species fee described in Subsection (1); and
(b) the aquatic invasive species fee is confirmed in the legislative fee schedule.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules establishing procedures for:
(a) proof of payment and other methods of verifying compliance with this section;
(b) special requirements applicable on interstate water bodies in this state; and
(c) other provisions necessary for the administration of the program.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 244, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.