Natural Resources

Wildlife Resources

Rule 3c: Certification of Registration -- Fish, Mollusks, and Crustaceans

Effective Date:

Admin. Code Reference: R657-3c

Rule Type: Proposed Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58279

Rule or section number:

R657-3c

1. Agency Information

Title catchline:

Natural Resources, Wildlife Resources

Building:

DNR Complex

Street address:

1594 W North Temple

City, state:

Salt Lake City, UT 84416

Mailing address:

PO Box 146301

City, state and zip:

Salt Lake City, UT 84414-6301

2. Contact Persons

Name:

Phone:

Email:

Staci Coons

801-450-3093

stacicoons@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R657-3c. Certification of Registration – Fish, Mollusks, and Crustaceans

B. Purpose of the new rule or reason for the change:

This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted annually for taking public input and reviewing the Division of Wildlife Resources' (DWR) rules pursuant to regulating Fish, Mollusks, and Crustaceans.

C. Summary of the new rule or change:

The amendments to this rule:

1) clarify that an angler targeting a legal species of game fish, who catches a prohibited species listed in Subsection R657-13-13(3) is allowed to possess it if they use a legal method of take to capture it and dispose of it in accordance with Section R657-13-20;

2) clarify that diploid grass carp are prohibited, but triploid grass carp may be stocked in accordance with Rule R657-59;

3) adds golden shiner to the prohibited fish list; and

4) adds gizzard and threadfin shad and Utah and white sucker to the controlled list and clarify that common carp is the carp species on the controlled list.

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The amendments to R657-3c are administrative in nature, the DWR has determined that these changes can be initiated within the current workload and resources of the DWR, therefore, the DWR does not believe that these amendments would create a cost or savings impact to the state budget or the DWR's budget since the changes will not increase workload and can be carried out with existing budget.

B. Local governments:

Local governments are not directly or indirectly impacted by these proposed amendments because this rule does not create a situation requiring services from local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

The proposed rule amendments will not directly impact small businesses because a service is not required of them.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The proposed rule amendments will not directly impact non-small businesses because a service is not required of them.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

The proposed rule amendments do not have the potential to impact other persons that take aquatic species in Utah, nor is a service required of them.

F. Compliance costs for affected persons:

DWR has determined that this amendment may not create additional costs for those individuals wishing to fish in Utah because it simply clarifies the prohibited fish species list and the controlled list to clarify carp species.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

After conducting a thorough analysis, it was determined that this proposed rule amendment will not result in a measurable fiscal impact to businesses.

The Commissioner of Department of Natural Resources, Jamie Barnes, has reviewed and approved this fiscal analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 23A-1-101

10. Incorporation by Reference Information

Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables):

A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):

Official Title of Materials Incorporated (from title page)

Aquatics Species Classification Table 3c-1

Publisher

Utah Division of Wildlife Resources

Issue Date

September 17, 2026

Issue or Version

December 1, 2027

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

11/16/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

11/23/2026

13. Agency Authorization Information

Agency head or

designee and title:

Riley Peck, Director

Date:

09/22/2026

R657. Natural Resources, Wildlife Resources.

R657-3c. Certification of Registration -- Fish, Mollusks, and Crustaceans.

R657-3c-1. Purpose and Authority.

Under Title 23A, Wildlife Resources Code of Utah, this rule governs the collection, importation, possession, and propagation of aquatic animals in Utah.

R657-3c-2. Definitions.

(1) Terms used for purposes of this rule are defined in Section 23A-1-101, Section R657-3a-2, and Subsection (2) through Subsection (10).

(2) "Aquaculture" means the husbandry, production, harvest, and use of aquatic organisms under controlled, artificial conditions.

(3) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture as defined under Title 4, Chapter 37, the Aquaculture Act and the rules promulgated there under.

(4) "Aquatic animal" means a member of any species of fish, mollusk, or crustacean, including their eggs or sperm.

(5) "Baitfish" means aquatic animal species authorized for use as bait in Subsection R657-13-2(g) and Section R657-13-12.

(6) "Fee fishing facility" means a body of water used for holding or rearing fish to provide fishing for a fee or for pecuniary consideration or advantage as described in Title 4, Chapter 37, the Aquaculture Act.

(7) "Food fish" means aquatic animal species cultured or harvested from the wild for human consumption.

(8)(a) "Marine aquatic animal" means a member of any species of fish, mollusk, or crustacean, including their eggs and sperm, that spends its entire life cycle in a marine environment.

(b) "Marine aquatic animal" does not include:

(i) anadromous aquatic animal species;

(ii) species that temporarily or permanently reside in brackish water; and

(iii) species classified as invasive or nuisance by state or federal law.

(9)(a) "Ornamental aquatic animal species" means any species of fish, mollusk, or crustacean that is sold for display.

(b) "Ornamental aquatic animal species" does not mean:

(i) Sport fish;

(ii) Baitfish;

(iii) Aquatic animal species that are native to Utah;

(iv) Aquatic animals and marine aquatic animals prohibited for importation or possession under federal law; or

(v) Aquatic animals and marine aquatic animals listed as prohibited or controlled in Subsection R657-3c-5(1).

(10) "Private fish pond" means a standing body of water or any fish culture system which:

(a) is not located on a natural lake, natural flowing stream, or reservoir constructed on a natural stream channel;

(b) is contained entirely on privately owned land; and

(11) "Sport fish" means aquatic animal species regulated for angling and harvest for recreation or sport from any state in the United States, excluding Peacock Bass (Cichla ocellaris).

R657-3c-4. Prohibited Activities.

(1)(a) Except as provided in this rule, the rules of the Wildlife Board, including Section R657-13-12, Rule R657-14, and Rule R657-59, or Title 4, Chapter 37, the Aquaculture Act, noncontrolled, controlled, or prohibited animals may not be released into the wild or any public or private waters without first obtaining authorization from the division.

(b) A violation of this section is punishable under Section 23A-5-305.

(c) A person may not release or transplant a live [terrestrial or ]aquatic wildlife, including ornamental species into the wild. A person who

violates this subsection is guilty of a class A misdemeanor.

(d) A person who knowingly and without lawful authority imports, transports, or releases a live species of wildlife that the person knows is listed as threatened or endangered, or is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with the intent to establish the presence of that species in an area of the state not currently known to be occupied by a reproducing population of that species is guilty of a third degree felony.

(2) The division may seize or dispose of any illegally held animal.

(3)(a) Any peace officer, division representative, or authorized animal control officer may seize or dispose of any live animal that escapes from captivity.

(b) The division may retain custody of any recaptured animal until the costs of recapture or care have been paid by its owner or keeper.

R657-3c-5. Noncontrolled, Controlled, and Prohibited Species.

(1)(a) The noncontrolled, controlled, and prohibited aquatic animal species classification table entitled Aquatics Species Classification Table 3c-1, dated [May]December 1, [2023]2027 is incorporated by reference.

(b) Table 3c-1 can be accessed in person or by contacting the Salt Lake division office located at 1594 West North Temple, Salt Lake City, Utah 84114, and on the division's Certificates of Registration web page at https://wildlife.utah.gov/licenses/certificates-of-registration.html.

(2) A person may collect and possess live aquatic animals of controlled species if:

(a) They possess a valid certificate of registration;

(b) Successfully complete the Fish, Mollusk, and Crustacean education course;

(d) The number of individuals of a species in a person's possession may not exceed the limits established under that person's certificate of registration.

(3) All native species and naturalized sportfish species are classified as controlled except those species that are classified as prohibited.

[(4) Some species are classified as noncontrolled when stocked in a private fish pond, short-term fishing event, or aquaponics facility, as

allowed in Rule R657-59.

(5](4) Triploid Grass Carp can be stocked as allowed in Rule R657-59a.

([6]5)(a) Exemptions may be granted to educational, scientific, and commercial organizations.

(b) An individual or entity must acquire a certificate of registration before engaging in an educational, scientific, or commercial use activity involving the collection or possession of a controlled or prohibited species.

(i) A scientific use certificate of registration is valid for the time-period identified in the research proposal and approved by the division.

(ii) An educational use certificate of registration is valid for 3 years and [authorize]authorizes wildlife related instructional activities

identified on the certificate of registration.

(iii) A commercial use certificate of registration is valid for 3 years and [authorize]authorizes commercial use activities identified on the

certificate of registration.

R657-3c-9. Collection, Transportation, Possession, and Propagation of Aquatic Animal Species.

(1) A person shall obtain a certificate of registration before collecting, transporting, possessing, or propagating any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to collect, transport, possess, or propagate any aquatic animal species classified as noncontrolled.

(3) Possessed live aquatic animals must be housed where:

(a) there is no risk that the aquatic animals can escape into a public waterway or waterbody; and

(b) all effluent from holding tanks must be managed to eliminate the potential for discharge into public waters. Private ponds, licensed aquaculture facilities, and licensed fee fishing facilities are exempt from this requirement.

(4) Possessed aquatic animal species cannot be released into the wild regardless of whether they are classified as noncontrolled, controlled or prohibited.

(5) A person may possess species on the prohibited list in Subsection R657-13-13(3) if all of the following provisions are true:

(a) the animal was caught while attempting to take a legal species of sport fish; and

(b) the animal was caught using a legal means of take as identified in Rule R657-13; and

KEY: wildlife, animal protection, import restrictions, zoological animals

Date of Last Change: [July 8,] 2026

Authorizing, and Implemented or Interpreted Law: 23A-2-304; 23A-2-305; 23A-5-309; 23A-5-305; 63G-7-101 et seq.

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