(1)(a) A primary seiner, alternate seiner, or helper must remain within one mile of any boom attached to the shore, whether open or closed, 24 hours a day so that an officer may easily locate the person tending the boom.
(b) A boom may be left unattended in the open water during the legal harvest season if:
- (i) the boom is properly identified as provided in Subsection R657-52-15(1)(d);
- (ii) the boom is closed;
- (iii) the boom is marked with a certificate of registration marker as described in Subsections R657-52-16(2) and (3); and
- (iv) the certificate of registration marker is lighted as described in Subsections R657-52-16(2)(f)and (4).
- (2) On a causeway or dike where camping is not allowed, a primary seiner, alternate seiner, or helper must be stationed at the closest possible camping site, not more than 10 miles away, and that location must be clearly identified on a tag securely attached to the shore end of the boom.
(3)(a) A person may not harvest any brine shrimp or brine shrimp eggs within 300 yards of any certificate of registration marker displayed at a harvest location as provided in Subsection R657-52-16(8) without permission from the company that first began harvesting in that location.
- (b) Notwithstanding Subsections (1) and (2), a primary seiner, alternate seiner, or helper must be located within 300 yards of the certificate of registration marker deployed as provided in Section R657-52-16 to receive the 300 yard encroachment protection.
- (c) The 300 yard encroachment protection radius is enforceable when the COR marker is properly deployed, regardless of the presence or level of actual harvest activity.
- (4) Brine shrimp and brine shrimp eggs may be removed from another person's boom only with written permission from the person who owns the boom.
- (5) A person may not deploy more than one continuous length of boom for each certificate of registration.
KEY: brine shrimp, commercialization
Date of Last Change: November 26, 2024
Notice of Continuation: August 24, 2022
Authorizing, and Implemented or Interpreted Law: 23A-2-102; 23A-2-304; 23A-2-305; 23A-9-305; 23A-9-304; 23A-4-201(2)