R657-60-7. Wildlife Board Designations of Infested Waters.
(1) The Wildlife Board may designate a geographic area, water body, facility, or water supply system as Infested with [Dreissena]invasive mussels pursuant to Sections 23A-10-101 and 23A-10-401 without taking the proposal to or receiving recommendations from the regional advisory councils. (2) The Wildlife Board may designate a particular water body, facility, or water supply system within the state as Infested with [Dreissena]invasive mussels when sampling indicates the water body, facility, or water supply system meets the minimum criteria for an [Infested Water]infested water as defined in this rule. (3) The Wildlife Board may designate a particular water body, facility, or water supply system outside the state as Infested with [Dreissena]invasive mussels when it has credible evidence suggesting the presence of [a Dreissena]an invasive mussel in that water body, facility, or water supply system. (4) Where the number of [Infested Waters]infested waters in a particular area is numerous or growing, or where surveillance activities or infestation containment actions are deficient, the Wildlife Board may designate geographic areas as [Infested]infested with [Dreissena]invasive mussels. (5) The following water bodies and geographic areas are classified as infested:
(a) all coastal and inland waters in:
(i) California;
(ii) Nevada;
(iii) Arizona;
(iv) all states east of Montana, Wyoming, Colorado, and New Mexico;
(v) the provinces of Ontario and Quebec Canada; and
(vi) Mexico;
(b) Lake Powell and that portion of the:
(i) Colorado River within the boundaries of Glen Canyon National Recreation Area;
(ii) Escalante River between Lake Powell and the Coyote Creek confluence;
(iii) Dirty Devil River between Lake Powell and the Highway 95 bridge; and
(iv) San Juan River between Lake Powell and Clay Hills Crossing; and
(c) other waters established by the Wildlife Board and published on the DWR website.
(6) The Wildlife Board may remove an infested classification if:
(a) the [division]Division of Wildlife samples the affected water body for seven[ (7)] 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]invasive mussels at the water body, facility, or water supply system through chemical or biological treatments, desiccation, or freezing, and the [division]Division of Wildlife verifies in writing that [Dreissena]invasive mussels are no longer present. R657-60-8. Closure Order for a Water Body, Facility, or Water Supply System.
(1)(a) The [division]Division of Wildlife 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]Division of Wildlife classifies a water body, facility, or water supply system as either suspected or detected, the [division]Division of Wildlife director or designee may, with the concurrence of the executive director of the Department of Natural Resources, issue an order closing the water body, facility, or water supply system to the introduction or removal of conveyances or equipment. (c) The Division of Wildlife 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]invasive 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]invasive 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]Division of Wildlife'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]Division of Wildlife shall provide the controlling entity and post on its web page a written update every ten days on its efforts to address the [Dreissena]invasive mussel infestation. (b) The ten day update notice cycle will continue [for the duration of]during the closure order. 
