Current through Bulletin 2024-18, September 15, 2024
(1) Each certificate of registration to
harvest brine shrimp and brine shrimp eggs issued under this rule may be
renewed by the division on an annual basis consistent with the provisions in
this section.
(2) Persons or
business entities issued certificates of registration by the division in the
harvest year immediately preceding the harvest year for which renewal is sought
will have a preference for the same number of certificates of registration,
provided the applicant satisfies the renewal criteria for each certificate of
registration.
(3) The annual
expiration date of a certificate of registration shall be shown on the
certificate of registration. A certificate of registration that is not renewed
prior to the expiration date shown on the certificate of registration
automatically expires.
(a) A certificate of
registration automatically expires prior to the expiration date shown on the
certificate of registration upon the dissolution of a holder that is a
partnership, corporation, or other business entity.
(b) Upon the death of a certificate of
registration holder that is a natural person, the estate may attempt to sell
the harvest operation and petition the division, under Section
R657-52-7,
to transfer the certificate of registration to the respective buyer.
(c)
(i)
Failure to annually renew a certificate of registration by satisfying all the
renewal criteria outlined in this rule prior to the expiration date shown on
the certificate of registration shall automatically deprive the prospective
holder of a renewal preference in succeeding years.
(ii) Preference forfeiture results whether
unsuccessful renewal is the consequence of automatic expiration, applicant
neglect, or division denial.
(iii)
Failure to renew in years where the harvest of brine shrimp or brine shrimp
eggs is closed for regulatory or management purposes will result in preference
forfeiture.
(d)
Expiration of a certificate of registration is not an adjudicative proceeding
under Title 63G, Chapter 4 of the Utah Administrative Procedures Act.
(4) Renewal applications for
certificates of registration to harvest brine shrimp and brine shrimp eggs are
available at the division's wildlife registration office in Salt Lake City.
(a) Completed renewal applications shall be
submitted to the wildlife registration office between May 1 and May 31 of each
year. Applications are considered "submitted" for purposes of this rule when
hand delivered to the wildlife registration office on or before the application
deadline, or when mailed to the wildlife registration office and postmarked no
later than midnight on the last day of the application period.
(b) Where a certificate of registration
renewal application is submitted in the name of a commercial organization, the
applicant must specify the person responsible for that entity.
(c) The commercial organization applicant
must provide, on or with the renewal application, a written statement
designating the responsible person as its legal agent in all matters before the
division relating to brine shrimp and brine shrimp egg harvesting.
(d) The division may return any application
that is incomplete or completed incorrectly.
(e) Applications for renewal that are filed
within the prescribed time period set in this rule but returned as incomplete
or completed incorrectly may be granted where the errors are corrected and the
application resubmitted to the wildlife registration office within 30 days from
the date the initial application was rejected.
(f) The application review process may
require up to 45 days.
(5) The criteria for certificate of
registration renewal are as follows:
(a) the
applicant was issued a certificate of registration to harvest brine shrimp and
brine shrimp eggs in the immediate harvest season preceding the application for
renewal;
(b) the applicant has
accurately and completely filled out the division's renewal application and
submitted it to the division within the time period prescribed in this
rule;
(c) the applicant has
submitted with the renewal application a cashiers check for the established fee
amount for each certificate of registration; and
(d) the applicant satisfies all other
requirements prerequisite to receiving an initial certificate of registration
to harvest brine shrimp or brine shrimp eggs as found in
R657-52-5.
(6) The division may refuse to
renew a certificate of registration for any of the following reasons:
(a) the applicant has failed to submit any
report required by the division in writing, or any report required by this rule
or the Wildlife Board;
(b) the
applicant has been found guilty, pleaded guilty or pleaded no contest in an
administrative proceeding to violating any rule, statute, proclamation, or
Wildlife Board Order relating to the harvest, possession, or sale of protected
aquatic wildlife;
(c) the applicant
has been found guilty, pleaded guilty or pleaded no contest in a criminal
proceeding to violating any rule, statute, proclamation, or Wildlife Board
Order relating to the harvest, possession, or sale of protected aquatic
wildlife; or
(d) where the division
determines that renewal may significantly damage or is not in the interest of
wildlife, wildlife habitat, serving the public, or public safety.
(7) If an application for renewal
is approved, the Division shall issue the applicant a new certificate of
registration that may specify:
(a) the
species and amounts of protected aquatic wildlife that may be harvested or
sold;
(b) the water and locations
where protected aquatic wildlife may be harvested;
(c) the equipment that may be used;
(d) the hours during which protected aquatic
wildlife may be harvested; and
(e)
any restriction imposed on the applicant in addition to the provisions of this
rule.
(8) Any applicant
who has been refused renewal of a certificate of registration may submit a
request for agency action to the Wildlife Board, in care of the Division of
Wildlife Resources, within 30 days following notification of the refusal to
renew. The format and content of the request for agency action and any
subsequent proceedings initiated thereunder shall comply with Rule
R657-2.
(9) Certificates of
registration for harvesting brine shrimp and brine shrimp eggs are valid only
during the harvest season as provided in Subsections
R657-52-12 and
R657-52-13.
