Current through Bulletin 2024-18, September 15, 2024
(1)
(a) A
person may not harvest, possess, or transport brine shrimp or brine shrimp eggs
without first obtaining a certificate of registration and a helper card for
each individual assisting that person.
(2)
(a) The
division may issue a certificate of registration authorizing a person to
harvest brine shrimp and brine shrimp eggs.
(b) A separate certificate of registration
and the corresponding certificate of registration marker is required for each
harvest location.
(c) The original
copy of the certificate of registration must be present at the harvest location
while harvesting brine shrimp or brine shrimp eggs.
(3) A certificate of registration under this
rule is not required:
(a) to harvest 200
pounds or less of brine shrimp or brine shrimp eggs, during a single calendar
year, for culturing ornamental fish, provided the brine shrimp eggs are not
sold, bartered, or traded;
(i) a certificate
of registration is required, under Rule R657-3 for the activities described in
Subsection (a);
(b) for
the retail sale of brine shrimp or brine shrimp eggs imported into Utah,
provided the product is clearly labeled as to its out-of-state
origin;
(c) to process lawfully
acquired brine shrimp or brine shrimp eggs;
(d) to sell brine shrimp or brine shrimp
eggs, provided the brine shrimp or brine shrimp eggs were taken in accordance
with the provisions of this rule by a person who has obtained a certificate of
registration or as provided in Rule R657-3; or
(e) to collect, transport or possess brine
shrimp and brine shrimp eggs for personal use, provided:
(i) the brine shrimp and brine shrimp eggs
are collected, transported and possessed together with water in a container no
larger than one gallon;
(ii) 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
(iii) the brine shrimp or brine
shrimp eggs are not released live into the Great Salt Lake, Sevier River or any
of their tributary waters.
(4) Certificates of registration are not
transferable, except as provided in Section
R657-52-7.
(5) Any certificate of registration issued to
a business or any other commercial organization shall be void upon the
termination of the business or organization or upon bankruptcy.
(6) Certificates of registration that may
become available for issuance through revocation, expiration, nonrenewal, or
surrender may either be retired by the division or reallocated to eligible
persons and entities through random drawings conducted at the Division of
Wildlife Resources, Salt Lake City office.
(7) All persons or entities applying for a
certificate of registration to harvest brine shrimp and brine shrimp eggs made
available for issuance through Subsection (6) shall satisfy the following
requirements:
(a) submit a certificate of
registration application to the wildlife registration office consistent with
the requirements set forth in Section
R657-52-5;
and
(b) submit a cashiers check to
the division in the established fee amount for each certificate of registration
applied for.
(8)
(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 close regulation
and monitoring by the division.
(9) Any certificate of registration issued or
renewed by the division under this rule to harvest brine shrimp or brine shrimp
eggs is a privilege and not a right. The certificate of registration authorizes
the holder to harvest brine shrimp or brine shrimp eggs subject to all present
and future conditions, restrictions, and regulations imposed on such activities
by the division, the Wildlife Board, the state of Utah, or the United
States.
(10) A certificate of
registration to harvest brine shrimp or brine shrimp eggs does not guarantee or
otherwise legally entitle the holder to any of the following:
(a) a minimum harvest quota in any given
season or seasons;
(b) a quota or
percentage of the harvestable surplus as determined by the division;
(c) a particular harvesting or processing
method;
(d) a particular harvest
season duration, commencement date, or termination date;
(e) access to any particular area or site on
the Great Salt Lake or on other waters in the state, regardless of historical
authorization or use;
(f) marina
access on the Great Salt Lake or elsewhere in the state, regardless of
historical authorization or use;
(g) an increase, stabilization, or reduction
in the number of certificates of registration issued by the division to harvest
brine shrimp and brine shrimp eggs;
(h) an exclusive opportunity to
harvest;
(i) a particular quantity
or quality of brine shrimp or brine shrimp eggs;
(j) a particular water condition or salinity
level conducive to brine shrimp production, brine shrimp egg production, or
harvest success;
(k) any particular
level of protection for brine shrimp or brine shrimp eggs from disease,
pesticides, or predators; or
(l)
any other right or management philosophy beneficial to harvesting or production
of brine shrimp and brine shrimp eggs.
(11) The procedures and processes outlined in
this rule regulating the harvest of brine shrimp and brine shrimp eggs are all
subject to change as the division and the Wildlife Board gather greater
information and data on the impact current harvest regulations have on the
sustainability of brine shrimp populations, the Great Salt Lake ecosystem, and
the economic viability of the industry.
