1. (1) The controlling entity of a water body, facility, or water supply system may develop and implement a control plan in cooperation with the Division of Law Enforcement before infestation designed to:

   1. (a) avoid the infestation of invasive mussels; and
   2. (b) control or eradicate an infestation of invasive mussels that might occur in the future.
2. (2) A pre-infestation control plan developed consistent with the requirements in Subsection (3) and approved by the Division of Law Enforcement in conjunction with the Division of Wildlife will eliminate or minimize the duration and impact of a closure order issued pursuant to Sections 23A-10-303 and R657-60-8.

3. (3) If a water body, facility, or water supply system within the state is classified as infested, detected, or suspected, and it does not have an approved control plan, the controlling entity shall cooperate with the Division of Law Enforcement and the Division of Wildlife in developing and implementing a control plan to address the:

   1. (a) scope and extent of the presence of invasive mussels;
   2. (b) actions proposed to control the pathways of spread of invasive mussels;
   3. (c) actions proposed to control the spread or eradicate the presence of invasive mussels;
   4. (d) methods to decontaminate the water body, facility, or water supply system, if possible;
   5. (e) actions required to systematically monitor the presence of invasive mussels; and
   6. (f) requirements and methods to update and revise the plan with scientific advances.
4. (4) All control plans prepared pursuant to Subsection (3) shall be approved by the Division of Law Enforcement in conjunction with the Division of Wildlife before implementation.
5. (5) A control plan prepared pursuant to this section may require that all conveyances and equipment entering or leaving the subject water to comply with the decontamination requirements in Subsection R657-60-2(2)(b) and Section R657-60-5.
6. (6) Except as authorized by the Division of Law Enforcement and the controlling entity in writing, a person may not violate any provision of a control plan.

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