DAR File No. 42968

Natural Resources, Wildlife Resources

Rule R657-53

Amphibian and Reptile Collection, Importation, Transportation and Possession

Notice of Proposed Rule

(Amendment)

DAR File No.: 42968
Filed: 06/11/2018 10:26:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule amendments are to clarify procedures, standards, and requirements for the collection, importation, transportation, and possession of amphibians and reptiles.

Summary of the rule or change:

The amendments to this rule remove the Certification Review Committee from this rule.

Statutory or constitutional authorization for this rule:

• Section 23-14-18
• Section 23-14-19

Anticipated cost or savings to:

the state budget:

These rule amendments remove an internal committee. The Division of Wildlife Resources (DWR) has determined that by removing the Certification Review Committee from this rule does not create a cost or savings impact to the state budget or DWR's budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by this rule. Nor are local governments indirectly impacted because this rule does not create a situation requiring services from local governments.

small businesses:

None--This filing does not create any direct cost or savings impact to small businesses because they are not directly affected by this rule. Nor are small businesses indirectly impacted because this rule does not create a situation requiring services from small businesses.

persons other than small businesses, businesses, or local governmental entities:

These rule amendments remove an internal committee. DWR has determined that removing the Certification Review Committee from this rule does not generate a cost or savings impact to other persons.

Compliance costs for affected persons:

These amendments remove an internal committee from rule language. DWR has determined that there are no additional compliance costs associated with these amendments.

Comments by the department head on the fiscal impact the rule may have on businesses:

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

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Direct questions regarding this rule to:

• Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2018

This rule may become effective on:

08/07/2018

Authorized by:

Mike Fowlks, Deputy Director

Appendix 1: Regulatory Impact SummaryTable*

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed changes to Rule R657-53 arenot expected to have any fiscal impact on large businesses revenuesor expenditures, because there are no services required from themin order to implement these rule changes.

The head of department of NaturalResources, Michael Styler, has reviewed and approved this fiscalanalysis.

R657. Natural Resources, WildlifeResources.

R657-53. Amphibian and Reptile Collection, Importation, Transportation and Possession.

R657-53-1. Purpose and Authority.

(1) Under Title 23, Wildlife ResourcesCode of Utah, this rule governs the collection, importation,transportation, possession, and propagation of amphibians andreptiles.

(2) Nothing in this rule shall beconstrued as superseding the provisions set forth in Title 23,Wildlife Resources Code of Utah. Any provision of this rule settingforth a criminal violation that overlaps a section of that title isprovided in this rule only as a clarification or to provide greaterspecificity needed for the administration of the provisions of thisrule.

(3) In addition to this rule, additionalregulation is provided in R657-40. Where a more specific provisionhas been adopted, that provision shall control.

(4) Specific dates, species, areas, numberof pre-authorized certificates of registration, limits and otheradministrative details which may change annually are published inthe proclamation of the Wildlife Board for amphibians andreptiles.

(5) Amphibians and reptiles lawfullycollected from wild populations in Utah and thereafter possessedremain the property of the state for the life of the animalpursuant to Section 23-13-3. The state does not assert ownershipinterest in lawfully possessed, captive-bred amphibians andreptiles, but does retain jurisdiction to regulate the importation,possession, propagation and use of such animals pursuant to Title23 of the Utah Code and this rule.

(6) This rule does not apply to divisionemployees acting within the scope of their assigned duties.

R657-53-17. [ Certification Review Committee] Division Responsibilities.

(1) The division[shall establish a Certification Review Committee whichshall], in consultation with the Department of Agriculture and Foodand the Department of Health, will be responsible for:

(a) reviewing:

(i) petitions to reclassify species andsubspecies of amphibians or reptiles; and

(ii[) appeals of certificates of registration; and

(iii]) requests for variances to this rule;and

(b) making recommendations to the WildlifeBoard.

(2[) The committee shall consist of the followingindividuals:

(a) the director or the director's designee who shall represent the director's office and shall act as chair of the committee;

(b) the chief of the Aquatic Section;

(c) the chief of the Wildlife Section;

(d) the chief of the Administrative Services Section;

(e) the chief of the Law Enforcement Section;

(f) the state veterinarian or his designee; and

(g) a person designated by the Department of Health.

(3]) The division shall require a fee for thesubmission of a request provided in Section R657-53-18 andR657-53-19.

R657-53-18. Request for SpeciesReclassification.

(1) A person may make a request to changethe classification of a species or subspecies of amphibian orreptile provided in this rule.

(2) A request for reclassification must bemade to the [Certification Review Committee]division by submitting an application forreclassification.

(3)(a) The application shall include:

(i) the petitioner's name, address,and phone number;

(ii) the species or subspecies for whichthe application is made;

(iii) the name of all interested partiesknown by the petitioner;

(iv) the current classification of thespecies or subspecies;

(v) a statement of the facts and reasonsforming the basis for the reclassification; and

(vi) copies of scientific literature orother evidence supporting the change in classification.

(b) In addition to the informationrequired under Subsection (a), the petitioner must provide anyinformation requested by the [committee]division necessary to formulate a recommendation to theWildlife Board.

(4)(a) The [committee]division shall, within a reasonable time, consider therequest for reclassification and shall submit its recommendation tothe Wildlife Board.

(b) The [committee]division shall send a copy of its recommendation to thepetitioner and other interested parties specified on theapplication.

(5)(a) At the next available WildlifeBoard meeting the Wildlife Board shall:

(i) consider the [committee]division recommendation; and

(ii) any information provided by thepetitioner or other interested parties.

(b) The Wildlife Board shall approve ordeny the request for reclassification based on the issuancecriteria provided in Section R657-53-11(1).

(6) A change in species classificationshall be made in accordance with Title 63G, Chapter 4,Administrative Rulemaking Act.

(7) A request for species reclassificationshall be considered a request for agency action as provided inSubsection 63G-4-201(3) and Rule R657-2.

R657-53-19. Request for Variance.

(1) A person may make a request for avariance to this rule for the collection, importation, propagation,or possession of an amphibian or reptile classified as prohibitedunder this rule by submitting a request for variance to the [Certification Review Committee]division.

(2)(a) A request for variance shallinclude the following:

(i) the name, address, and phone number ofthe person making the request;

(ii) the species or subspecies of theamphibian or reptile and associated activities for which therequest is made; and

(iii) a statement of the facts and reasonsforming the basis for the variance.

(b) In addition to the informationrequired under Subsection (a), the person making the request mustprovide any information requested by the [committee]division necessary to formulate a recommendation to theWildlife Board.

(3) The [committee]division shall, within a reasonable time, consider therequest and shall submit its recommendation to the WildlifeBoard.

(4) At the next available Wildlife Boardmeeting the Wildlife Board shall:

(a) consider the [committee]division recommendation; and

(b) any information provided by the personmaking the request.

(5)(a) The Wildlife Board shall approve ordeny the request based on the issuance criteria provided in SectionR657-53-11.

(b) If the request applies to a broadclass of persons and not to unique circumstances of the applicant,the Wildlife Board shall consider changing the speciesclassification before issuing a variance to this rule.

(6)(a) If the request is approved, theWildlife Board may impose any restrictions on the person making therequest considered necessary for that person to maintain thestandards upon which the variance is made.

(b) Any restrictions imposed on the personmaking the request shall be included in writing on the certificateof registration which shall be signed by the person making therequest.

(7) A request for variance shall beconsidered a request for agency action as provided in Subsection63G-4-201(3) and Rule R657-2.

R657-53-20. Appeal of Certificate ofRegistration Denial.

(1) A person may appeal the division'sdenial of a certificate of registration by submitting an appealrequest to the [Certification Review Committee.]consistent with R657-2.

(2) The request must be made within 30days after the date of the denial.

[(3) The request shall include:

(a) the name, address, and phone number of the petitioner;

(b) the date the request was mailed;

(c) the species or subspecies of the amphibian or reptile and the activity for which the application was made; and

(d) supporting facts and other evidence applicable to resolving the issue.

(4) The committee shall review the request within a reasonable time after it is received.

(5) Upon reviewing the application and the reasons for its denial, the committee may:

(a) overturn the denial and approve the application; or

(b) uphold the denial.

(6) The committee may overturn a denial if the denial was:

(a) based on insufficient information;

(b) inconsistent with prior action of the division or the Wildlife Board;

(c) arbitrary or capricious; or

(d) contrary to law.

(7)(a) Within a reasonable time after making its decision, the committee shall mail a notice to the petitioner specifying the reasons for its decision.

(b) The notice shall include information that a person may seek Wildlife Board review of that decision.

(8)(a) If the committee upholds the denial, the petitioner may seek Wildlife Board review of the decision by submitting a request for Wildlife Board review within 30 days after its issuance.

(b) The request must include the information provided in Subsection (3).

(9)(a) Upon receiving a request for Wildlife Board review, the Wildlife Board shall, within a reasonable time, hold a hearing to consider the request.

(b) The Wildlife Board may:

(i) overturn the denial and approve the application; or

(ii) uphold the denial.

(c) The Wildlife Board shall provide the petitioner with a written decision within a reasonable time after making its decision.

(10) An appeal contesting initial division determination ofeligibility for a certificate of registration shall be considered arequest for agency action as provided in Subsection 63G-4-201(3)and Rule R657-2.]

KEY: wildlife, import restrictions, amphibians, reptiles

Date of Enactment or Last Substantive Amendment: [ May 10, 2010] 2018

Notice of Continuation: April 12, 2018

Authorizing, and Implemented or Interpreted Law: 23-14-18; 23-14-19; 23-20-3; 23-13-14