Rulemaking. (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); (ii) deposit the aquatic invasive species fee into the Aquatic Invasive Species Interdiction Account created in Section 79-2-706; 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 79-2-706. (3) (a) Subsections (1) and (2) do not apply if the vessel is: (i) owned and operated by a federal, state, or political subdivision government agency; and (ii) used within the course and scope of the duties of the government agency. (b) A resident or nonresident owner or operator of a nonmotorized vessel or inflatable motorboat is exempt from this section before launching or operating a nonmotorized vessel or inflatable motorboat on the waters of this state. (c) A person renting or leasing a vessel from a boat livery: (i) is not required to pay the aquatic invasive species fee described in Subsection (1) or (2); and (ii) is required to complete an aquatic invasive species education course described in Subsection (4)(a)(ii) through the boat livery under Subsection 23A-10-306(2) unless exempt under Subsection (3)(b) or Subsection 23A-10-306(3). (4) (a) Before launching or operating a vessel on the waters of this state: (i) (A) a resident owner shall pay the aquatic invasive species fee as described in Subsection (1); and (B) a nonresident owner shall pay the aquatic invasive species fee as described in Subsection (2); and (ii) an individual who is 12 years old or older who operates a vessel shall successfully complete once every calendar year an aquatic invasive species education course approved by the division. (b) The division shall approve proof of completion of the aquatic invasive species education course described in Subsection (4)(a)(ii) upon an individual successfully completing the aquatic invasive species education course. The proof of completion expires the day after December 31 in the calendar year in which the operator completes the aquatic invasive species education course. (c) An individual operating a vessel who is required to complete the aquatic invasive species education course described in Subsection (4)(a)(ii) shall provide the proof described in Subsection (4)(b) to a natural resources officer or other peace officer upon request. (d) An individual operating a vessel is not required to complete the aquatic invasive species education course described in Subsection (4)(a)(ii) if: (i) the individual is operating the vessel on the Great Salt Lake; and (ii) while operating the vessel the individual is engaged in an activity authorized by a certificate of registration to harvest brine shrimp and brine shrimp eggs issued by the Division of Wildlife Resources. (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.
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