NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Natural Resources; Forestry, Fire and State Lands
Department of Natural Resources
1594 W North Temple, Suite 3520
Salt Lake City, UT 84114-5703
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R652-151. Utah Bioprospecting Act
B. Purpose of the new rule or reason for the change:
The five-year review process on Rule R652-150 was missed and the rule expired. The Division of Forestry, Fire and State Lands (Division) is resubmitting this rule to make it effective again. The rule is important to create procedures to allow bioprospecting on state lands.
C. Summary of the new rule or change:
This is readopting the previous Rule R652-150 as Rule R652-151, and there is only minor typographical changes that were suggested in this rule review process. This rule establishes the registration process and requirements for bioprospecting on state lands in the State of Utah.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The Division will incur minimal costs for the processing of the registration, but any costs incurred will be covered by the registration fee.
The proposed rule will not result in direct, measurable costs or benefits for local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
There may be a cost to small businesses if the business engages in the act of bioprospecting, as they would be required to register with the Division and pay the registration fee. The fee is currently $50.
The Division typically receives a total of five applications a year, dispersed across small and non-small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There may be a cost to non-small businesses if the business engages in the act of bioprospecting, as they would be required to register with the Division and pay the registration fee. The fee is currently $50.
The Division typically receives a total of five applications a year, dispersed across small and non-small businesses.
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):
A person who engages in bioprospecting will be required to register with the division and pay a registration fee.
The Division does not track if an applicant is a small business, non-small business, or "other" so the aggregate below encompasses the average amount of registration fees the Division receives from all registrants.
F. Compliance costs for affected persons:
Affected persons will need to pay a registration fee to the Division in the amount of $50.
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."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Natural Resources, Joel Ferry, has reviewed and approved this regulatory impact 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:
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:
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)
13. Agency Authorization Information
Agency head or
designee and title:
Jamie Barnes, Division Director/State Forester
R652. Natural Resources; Forestry, Fire and State Lands.
R652-151. Utah Bioprospecting Act. R652-151-100. Authority and Purpose. This rule is adopted pursuant to the authority of Subsection 65A-1-4(2), which requires the Division to promulgate rules, and by Title 65A, Chapter 14, Utah Bioprospecting Act, to clarify the procedure through which operators must register with the Division and notify the Division of the intent to conduct bioprospecting activities. The state recognizes that due to the microenvironments present on state lands, there is a potential for unique organisms to have evolved that represent a valuable resource for the residents of the state. This Bioprospecting rule has been enacted to foster the discovery and evaluation of these resources in a way that benefits the citizens of Utah. By registration of Bioprospecting the state reserves the right for the citizens to share in any future economic value of these resources. 
