Current through Bulletin 2024-18, September 15, 2024
(1) The
following factors shall be considered before the division may issue or renew a
certificate of registration for the collection, importation, transportation,
possession, or propagation of an animal:
(a)
the health, welfare, and safety of the public;
(b) the health, welfare, safety, and genetic
integrity of wildlife, domestic livestock, poultry, and other
animals;
(c) ecological and
environmental impacts;
(d) the
suitability of the applicant's holding facilities;
(e) the experience of the applicant for the
activity requested; and
(f)
ecological or environmental impact on other states.
(2) In addition to the criteria provided in
Subsection (1), the division shall use the following criteria for the issuance
or renewal of a certificate of registration for a scientific use of an animal;
(a) the validity of the objectives and
design;
(b) the likelihood the
project will fulfill the stated objectives;
(c) the applicant's qualifications to conduct
the research, including education or experience;
(d) the adequacy of the applicant's resources
to conduct the study; and
(e)
whether the scientific use is in the best interest of the animal, wildlife
management, education, or the advancement of science without unnecessarily
duplicating previously documented scientific research.
(3) In addition to the criteria provided in
Subsection (1), the division may use the following criteria for the issuance or
renewal of a certificate of registration for an educational use of an animal:
(a) the objectives and structure of the
educational program;
(b) whether
the applicant has written approval from the appropriate official if the
activity is conducted in a school or other educational facility: and
(c) whether the individual is in possession
of the required federal permits.
(4) The division may deny issuing or renewing
a certificate of registration to any applicant, if:
(a) the applicant has violated Title 23, the
Wildlife Resources Code of Utah, Title R657, proclamation or guidebook, a
certificate of registration, an order of the Wildlife Board or any other law
that when considered with the functions and responsibilities of collecting,
importing, possessing, or propagating an animal bears a reasonable relationship
to the applicant's ability to safely and responsibly carry out such
activities;
(b) the applicant has
previously been issued a certificate of registration and failed to submit any
report or information required by this rule, the division, or the Wildlife
Board;
(c) the applicant
misrepresented or failed to disclose material information required in
connection with the application; or
(d) holding the animal at the proposed
location violates federal, state, or local laws.
(5) The collection or importation and
subsequent possession of an animal may be granted only upon a clear
demonstration that the criteria established in this section have been met by
the applicant.
(6) The division, in
making a determination under this section, may consider any available facts or
information that is relevant to the issuance or renewal of the certificate of
registration, including independent inquiry or investigation to verify
information or substantiate the qualifications asserted by the
applicant.
(7) If an application is
denied, the division shall provide the applicant with written notice of the
reasons for denial.
