- (1) Terms used in this rule are defined in Sections 23A-1-101 and 23A-10-101.
(2) In addition:
(a) "Decontaminate" or "Decontaminated" means to comply with one of the following methods:
(i) if no adult mussels are attached to the conveyance after exiting the water body, a person may self-decontaminate equipment or a conveyance that has been in an infested water in the previous 30 days by:
- (A) removing all plants, fish, and mud from the equipment or conveyance;
- (B) draining all water from the equipment or conveyance, including water held in ballast tanks, bilges, livewells, and motors; and
- (C) drying the equipment or conveyance for no less than seven days in June, July and August;18 days in September, October, November, March, April and May; 30 days in December, January and February; or expose the equipment or conveyance to sub-freezing temperatures for 72 consecutive hours; or
- (D) if all water cannot be drained from the conveyance, or the conveyance has a complex water or mechanical system that the Division of Law Enforcement determines poses a significant risk that invasive mussels could remain on the conveyance after the dry time identified in Subsection (C), fulfilling the requirements of Subsections (A) and (B) to the extent practicable and drying the conveyance for no less than 30 days;
(ii) professionally decontaminate equipment or a conveyance that has been in an infested water in the previous 30 days by:
- (A) using a professional decontamination service approved by the Division of Law Enforcement to flush any areas where water is held, including ballast tanks, bilges, livewells, and motors, and to apply scalding water to all conveyance and equipment surfaces at the temperature and immersion time necessary for 100% mussel mortality as provided in the Uniform Minimum Protocols and Standards for Watercraft Inspection and Decontamination Programs for Invasive Mussels in the Western United States; and
- (B) complete a mandatory 30 day dry time after the scalding water wash is completed if the Division of Law Enforcement determines that, due to the complexity of water or mechanical systems on the conveyance, a significant risk that invasive mussels remain present on the conveyance regardless of receiving a scalding water wash described in Subsection (A); or
- (iii) complying with all protocols identified in a certificate of registration.
- (b) "Controlling entity" means the owner, operator, or manager of a water body, facility, or a water supply system.
- (c) "Detected Water" or "Detected" means a water body, facility, or water supply system where the presence of an invasive mussel is indicated in two consecutive sampling events using visual identification or microscopy and the results of each sampling event is confirmed in two polymerase chain reaction tests, each conducted at independent laboratories.
- (d) "Highway" has the same meaning as Subsection 72-1-102(7).
- (e) "Infested Water" or "Infested" means a water body, facility, water supply system, or geographic region where the presence of multiple age classes of attached Dreissena mussels is indicated in two or more consecutive sampling events using visual detection or microscopy and the result of each sampling event is confirmed in two polymerase chain reaction tests, each conducted at independent laboratories.
- (f) "Juvenile or adult invasive mussel" means a macroscopic invasive mussel that is not a veliger.
- (g) "Quarantine" means imposing a required minimum period of time where a conveyance must stay at a predetermined location minimize the risk that invasive mussels are spread.
(h) "Suspected Water" or "Suspected" means a water body, facility, or water supply system where the presence of a invasive mussel is indicated through a single sampling event using visual identification or microscopy and the result of that sampling event is confirmed in two independent polymerase chain reaction tests, each conducted at independent laboratories.
- (i) "Veliger" means a microscopic, planktonic larva of invasive mussel.
KEY: fish, wildlife, wildlife law
Date of Last Change: June 23, 2026
Notice of Continuation: July 5, 2023
Authorizing, and Implemented or Interpreted Law: 23A-10-401; 23A-2-304; 23A-2-305