Utah Administrative Code
Topic - Natural Resources
Title R657 - Wildlife Resources
Rule R657-60 - Aquatic Invasive Species Interdiction
Section R657-60-8 - Closure Order for a Water Body, Facility, or Water Supply System
Universal Citation: UT Admin Code R 657-60-8
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) The division may classify a water body,
facility, or water supply system as suspected or detected if it meets the
minimum criteria for suspected or detected, as defined in this rule.
(b) If the division classifies a water body,
facility, or water supply system as either suspected or detected, the division
director or designee may, with the concurrence of the executive director, issue
an order closing the water body, facility, or water supply system to the
introduction or removal of conveyances or equipment.
(c) The director shall consult with the
controlling entity of the water body, facility, or water supply system when
determining the scope, duration, level and type of closure that will be imposed
in order to avoid or minimize disruption of economic and recreational
activities.
(d) A closure order
may;
(i) close the water entirely to
conveyances and equipment;
(ii)
authorize the introduction and removal of conveyances and equipment subject to
the decontamination requirements in Subsection
R657-60-2(2)(b)
and Section
R657-60-5;
or
(iii) impose any other condition
or restriction necessary to prevent the movement of Dreissena mussels into or
out of the subject water.
(iv) a
closure order may not restrict the flow of water without the approval of the
controlling entity.
(2)
(a) A
closure order issued pursuant to Subsection (1) shall be in writing and
identify the:
(i) water body, facility, or
water supply system subject to the closure order;
(ii) nature and scope of the closure or
restrictions;
(iii) reasons for the
closure or restrictions;
(iv)
conditions upon which the order may be terminated or modified; and
(v) sources for receiving updated information
on the presence of Dreissena mussels and closure order.
(b) The closure order shall be mailed,
electronically transmitted, or hand delivered to:
(i) the controlling entity of the water body,
facility, or water supply system;
and
(ii)
any governmental agency or private entity known to have economic, political, or
recreational interests significantly impacted by the closure order;
and
(iii) any person or entity
requesting a copy of the order.
(c) The closure order or its substance shall
further be:
(i) posted on the division's web
page; and
(ii) published in a
newspaper of general circulation in the state of Utah or the affected
area.
(3)
(a) If a closure order lasts longer than
seven days, the division shall provide the controlling entity and post on its
web page a written update every ten days on its efforts to address the
Dreissena mussel infestation.
(b)
The ten day update notice cycle will continue for the duration of the closure
order.
(4)
(a) Notwithstanding the closure authority in
Subsection (1), the division may not unilaterally close or restrict a suspected
or detected water supply system where the controlling entity has prepared and
implemented a control plan in cooperation with the division that effectively
controls the spread of Dreissena mussels from the water supply
system.
(b) The control plan shall
comply with the requirements in Section
R657-60-9.
(5) Except as authorized by the Division in writing, a person may not violate any provision of a closure order.
(6) A closure order or control plan shall remain effective so long as the water body, water supply system, or facility remains classified as suspected or detected.
(7) The director or his designee may remove a Suspected classification if:
(a) the division
samples the affected water body for three (3) consecutive years without a
single sampling event producing evidence sufficient to satisfy the criteria for
a 'suspected" classification, as defined in this rule; or
(b) the controlling entity eradicates all
Dreissena mussels at the water body, facility, or water supply system through
chemical or biological treatments, desiccation, or freezing, and the division
verifies that Dreissena mussels are no longer present.
(8) The director or his designee may remove a detected classification if:
(a) the division
samples the affected water body for five (5) consecutive years without a single
sampling event producing evidence sufficient to satisfy the criteria for a
'suspected" classification, as defined in this rule; or
(b) the controlling entity eradicates all
Dreissena mussels at the water body, facility, or water supply system through
chemical or biological treatments, desiccation, or freezing, and the division
verifies that Dreissena mussels are no longer present.
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