Section 304 – Aquatic invasive species fee.

• (1)
  • (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident aquatic invasive species fee of $20 on each vessel in order 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 provisions of Subsection (1)(a) do not apply if the vessel is owned and operated by a state or federal government agency and the vessel is used within the course and scope of the duties of the agency.
  • (c) The division shall administer and collect the fee described in Subsection (1)(a), and the fee shall be deposited into the Aquatic Invasive Species Interdiction Account created in Section 23-27-305.

• (2) Before launching a vessel on the waters of this state, a nonresident shall pay the aquatic invasive species fee as described in Subsection (1), and the vessel owner shall successfully complete an aquatic invasive species education course offered by the division.

• (3)
  • (a) The division shall study options and feasability of implementing an automated system capable of scanning, photographing, and providing real-time information regarding a conveyance’s or equipment’s:
    • (i) last entry into a body of water; and
    • (ii) last decontamination.
  • (b) The study described in Subsection (3)(a) shall evaluate the system’s capability of:
    • (i) operation with or without the use or supervision of personnel;
    • (ii) operation 24 hours per day;
    • (iii) capturing a state assigned number on a vessel or conveyance as described in Section 73-18-6;
    • (iv) preserving photographic evidence of:
      • (A) a conveyance’s state assigned bow number;
      • (B) a conveyance’s or equipment’s entry into a body of water, including the global positioning system location of where the conveyance is photographed; and
      • (C) decontamination of the conveyance or equipment;
    • (v) identifying a conveyance or equipment not owned by a resident that is entering a body of water in this state; and
    • (vi) collecting the fee described in Subsection (1).
  • (c) The division shall present a report of the study and findings described in Subsections (3)(a) and (b) to the Natural Resources, Agriculture, and Environment Interim Committee before November 30, 2020.
  • (d) Based on the findings of the study described in this Subsection (3), the division shall implement a pilot program to provide the services described in this Subsection (3) on or before May 1, 2021.

• (4) The board may increase fees assessed under Subsection (1), so long as:
  • (a) the fee for nonresidents described in Subsection (1) is no less than the resident fee described in Section 73-18-26; and
  • (b) the fee is confirmed in the legislative fee schedule.

• (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 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.

Enacted by Chapter 195, 2020 General Session