Utah Admin. Code R657-53-13 - Commercial Use Certificate of Registration

(1) An individual or entity wishing to utilize an amphibian or reptile in manner qualifying as commercial use must first acquire a commercial use certificate of registration from the division.

(2) The division shall consider the following factors in reviewing an application for a commercial use certificate of registration:

(a) the health, welfare, and safety of the public;

(b) demonstrated knowledge and expertise in conducting the proposed wildlife-related activities;

(c) the health, welfare, safety, and genetic integrity of wildlife and other animals;

(d) ecological and environmental impacts of the proposed activity; and

(e) the acquisition of other necessary permits or approvals.

(3)

(a) The division may review facility and operational guidelines to use in evaluating applications.

(b) The division may condition approval of an application on compliance with additional requirements determined to be necessary components to protect human health and safety and the wildlife resource, such as minimum facility requirements, acquisition of liability insurance, modified total possession limits or daily limits, allowed methods of take, authorization of live release of amphibians and reptiles, mandatory reporting requirements, and other similar expectations.

(c) Notwithstanding Subsection 3(b), a commercial use certificate of registration may not authorize possession of a species having a total possession limit of Zero without variance approval from the Wildlife Board, unless they are an entity meeting the requirements described in Subsection (4).

(d) If the applicant requests the authorization to capture amphibians or reptiles from the wild, the division shall determine what species, locations, capture season dates, and total numbers that may be captured.

(e) Unless otherwise stated on the certificate of registration, the holder of the certificate of registration may only utilize lawful methods of take identified in R657-53-10.

(4) The division may issue a commercial use certificate of registration to a zoo, circus, amusement park, aviary, or film company to import and possess a live amphibian or reptile having a total possession limit of Expanded, Standard, Limited, or Zero, provided:

(a) the applicant satisfies the application requirements in Subsection (2); and

(b) the benefits to the wildlife resource or the general public outweigh any negative impacts to the wildlife resource or the general public.

(5) It is unlawful to sell or trade any turtle, including tortoises, less than 4" in carapace length (See Federal Register 21 CFR 1240.62 ).

(6)

(a) Applications for a commercial use certificate of registration are available on the division's website.

(b) The division will make a determination approving or denying an application within 30 days of receiving a complete application.

(7) A commercial use certificate of registration is non-transferable and automatically terminates upon any of the following:

(a) sale of the licensed commercial enterprise;

(b) a change in the majority of interest holder in the commercial enterprise; or

(c) closure of the commercial enterprise or discontinuation of the activities authorized under a certificate of registration.

Notes

Utah Admin. Code R657-53-13

Adopted by Utah State Bulletin Number 2020-02, effective 1/1/2020