23A-10-201. Invasive species prohibited -- Administrative inspection authorized.
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Effective 5/6/2026
23A-10-201. Invasive species prohibited -- Administrative inspection authorized.
(1)Except as authorized in this title or a Wildlife Board rule or order or unless exempt under Subsection
(7), a person may not:
(a)possess, import, export, ship, or transport an invasive mussel;
(b)release, place, plant, or cause to be released, placed, or planted an invasive mussel in a water body, facility, or water supply system;
(c)transport a conveyance or equipment that has been in an infested water within the previous 30 days without decontaminating the conveyance or equipment; or
(d)unless exempt under Subsection 23A-10-304(3) , if an owner of a vessel, launch or operate the vessel on the waters of the state without first:
(i)paying an aquatic invasive species fee required by Subsection 23A-10-304(1) or
(2); and
(ii)displaying an aquatic invasive species decal in accordance with Subsection
(6).
(2)Except as provided in Subsection
(3), a person who violates Subsection
(1):
(a)is strictly liable;
(b)is guilty of an infraction; and
(c)shall reimburse the state for the costs associated with detaining, quarantining, and decontaminating the conveyance or equipment.
(3)A person who knowingly or intentionally violates Subsection
(1)is guilty of a class A misdemeanor.
(4)A person may not proceed past or travel through an inspection station or administrative checkpoint, as described in Section 23A-10-301 , while transporting a conveyance during an inspection station's or administrative checkpoint's hours of operations without presenting the conveyance for inspection.
(5)A person who violates Subsection
(4)is guilty of a class B misdemeanor.
(i)The division shall provide a resident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(1)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.
(ii)The division shall provide a nonresident person who pays the aquatic invasive species fee required by Subsection 23A-10-304(2)(a) an aquatic invasive species decal to be displayed on the vessel for which the aquatic invasive species fee is paid.
(b)A person shall display the aquatic invasive species decal obtained under this Subsection
(6)on the bow of the vessel's port side six inches aft of the vessel's registration decal.
(7)A person renting or leasing a conveyance from a boat livery is subject to the requirements of this section except that the person is exempt from:
(a)paying an aquatic invasive species fee required under Subsection 23A-10-304(1) or (2);
(b)displaying an aquatic invasive species decal in accordance with Subsection
(6); or
(c)decontaminating a conveyance if the owner of the boat livery is required to decontaminate the conveyance under this section or Section 23A-10-306 .
Amended by Chapter 403 , 2026 General Session