1. (1)(a) The Division of Wildlife may classify a water body, facility, or water supply system as suspected or detected if it meets the minimum criteria for suspected or detected, as defined in this rule.

   1. (b) If the Division of Wildlife classifies a water body, facility, or water supply system as either suspected or detected, the Division of Wildlife director or designee may, with the concurrence of the executive director of the Department of Natural

      Resources, issue an order closing the water body, facility, or water supply system to the introduction or removal of conveyances or equipment.

   2. (c) The Division of Wildlife director shall consult with the controlling entity of the water body, facility, or water supply system when determining the scope, duration, level and type of closure that will be imposed to avoid or minimize disruption of economic and recreational activities.

   3. (d) A closure order may;

      1. (i) close the water entirely to conveyances and equipment;
      2. (ii) authorize the introduction and removal of conveyances and equipment subject to the decontamination requirements in Subsection R657-60-2(2)(b) and Section R657-60-5; or
      3. (iii) impose any other condition or restriction necessary to prevent the movement of invasive mussels into or out of the subject water.
      4. (iv) a closure order may not restrict the flow of water without the approval of the controlling entity.

2. (2)(a) A closure order issued pursuant to Subsection (1) shall be in writing and identify the:

   1. (i) water body, facility, or water supply system subject to the closure order;

      1. (ii) nature and scope of the closure or restrictions;
      2. (iii) reasons for the closure or restrictions;
      3. (iv) conditions upon which the order may be terminated or modified; and
      4. (v) sources for receiving updated information on the presence of invasive mussels and closure order.

   2. (b) The closure order shall be mailed, electronically transmitted, or hand delivered to:

      1. (i) the controlling entity of the water body, facility, or water supply system; and
      2. (ii) any governmental agency or private entity known to have economic, political, or recreational interests significantly impacted by the closure order; and
      3. (iii) any person or entity requesting a copy of the order.

   3. (c) The closure order or its substance shall further be:

      1. (i) posted on the Division of Wildlife's web page; and
      2. (ii) published in a newspaper of general circulation in Utah or the affected area.

3. (3)(a) If a closure order lasts longer than seven days, the Division of Wildlife shall provide the controlling entity and post on its web page a written update every ten days on its efforts to address the invasive mussel infestation.

   1. (b) The ten day update notice cycle will continue during the closure order.

4. (4)(a) Notwithstanding the closure authority in Subsection (1), the Division of Wildlife may not unilaterally close or restrict a suspected or detected water supply system where the controlling entity has prepared and implemented a control plan in cooperation with the Division of Wildlife that effectively controls the spread of invasive mussels from the water supply system.

   1. (b) The control plan shall comply with the requirements in Section R657-60-9.
5. (5) Except as authorized by the Division of Wildlife in writing, a person may not violate any provision of a closure order.
6. (6) A closure order or control plan shall remain effective so long as the water body, water supply system, or facility remains classified as suspected or detected.

7. (7) The Division of Wildlife director or designee may remove a suspected classification if:

   1. (a) the Division of Wildlife samples the affected water body for three consecutive years without a single sampling event producing evidence sufficient to satisfy the criteria for a "suspected" classification, as defined in this rule; or
   2. (b) the controlling entity eradicates all invasive mussels at the water body, facility, or water supply system through chemical or biological treatments, desiccation, or freezing, and the Division of Wildlife verifies that invasive mussels are no longer present.

8. (8) The Division of Wildlife director or designee may remove a detected classification if:

   1. (a) the Division of Wildlife samples the affected water body for five consecutive years without a single sampling event producing evidence sufficient to satisfy the criteria for a "suspected" classification, as defined in this rule; or
   2. (b) the controlling entity eradicates all invasive mussels at the water body, facility, or water supply system through chemical or biological treatments, desiccation, or freezing, and the Division of Wildlife verifies that invasive mussels are no longer present.

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