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
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