Section 2.8 - Private Aquaculture Advisory Council.

UT Code § 23-14-2.8 (2019) (N/A)
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(1) The executive director of the department may establish a Private Aquaculture Advisory Council to give advice and make recommendations to the: (a) commissioner of the Department of Agriculture and Food on rules adopted under Subsection 4-37-109(1); and (b) Wildlife Board on rules adopted concerning the regulation of: (i) private fish ponds; (ii) private stocking; (iii) short-term fishing events; and (iv) aquatic animal species authorized for importation or use in aquaculture facilities, fee fishing facilities, private fish ponds, short-term fishing events, and private stocking.

(a) commissioner of the Department of Agriculture and Food on rules adopted under Subsection 4-37-109(1); and

(b) Wildlife Board on rules adopted concerning the regulation of: (i) private fish ponds; (ii) private stocking; (iii) short-term fishing events; and (iv) aquatic animal species authorized for importation or use in aquaculture facilities, fee fishing facilities, private fish ponds, short-term fishing events, and private stocking.

(i) private fish ponds;

(ii) private stocking;

(iii) short-term fishing events; and

(iv) aquatic animal species authorized for importation or use in aquaculture facilities, fee fishing facilities, private fish ponds, short-term fishing events, and private stocking.

(2) The advisory council shall consist of 10 members appointed to four-year terms by the governor, in consultation with the executive director of the department, the commissioner of the Department of Agriculture and Food, and the director of the division, as follows: (a) two members representing the division selected from four or more names submitted by the director of the division; (b) two members representing the Department of Agriculture and Food selected from four or more names submitted by the commissioner of the Department of Agriculture and Food; (c) one member representing angling interests selected from two or more names submitted by a nonprofit corporation that promotes sport fishing; (d) two members representing the private aquaculture industry selected from four or more names submitted by a nonprofit corporation that promotes the aquaculture industry; and (e) three members representing private ponds or fee fishing facilities selected from six or more names submitted by a nonprofit corporation that promotes the aquaculture industry.

(a) two members representing the division selected from four or more names submitted by the director of the division;

(b) two members representing the Department of Agriculture and Food selected from four or more names submitted by the commissioner of the Department of Agriculture and Food;

(c) one member representing angling interests selected from two or more names submitted by a nonprofit corporation that promotes sport fishing;

(d) two members representing the private aquaculture industry selected from four or more names submitted by a nonprofit corporation that promotes the aquaculture industry; and

(e) three members representing private ponds or fee fishing facilities selected from six or more names submitted by a nonprofit corporation that promotes the aquaculture industry.

(3) Notwithstanding the requirements of Subsection (2), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of advisory council members are staggered so that approximately half of the advisory council is appointed every two years.

(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(5) (a) Six members of the advisory council shall constitute a quorum. (b) A quorum is necessary for the advisory council to act. (c) Advisory council recommendations to the commissioner and Wildlife Board pursuant to Subsection (1) shall be supported by majority vote. (d) The advisory council shall elect a chair and vice chair from the advisory council's membership. (e) The advisory council shall determine: (i) the time and place of meetings, not to exceed four meetings per calendar year; and (ii) other procedural matters not specified in this Subsection (5).

(a) Six members of the advisory council shall constitute a quorum.

(b) A quorum is necessary for the advisory council to act.

(c) Advisory council recommendations to the commissioner and Wildlife Board pursuant to Subsection (1) shall be supported by majority vote.

(d) The advisory council shall elect a chair and vice chair from the advisory council's membership.

(e) The advisory council shall determine: (i) the time and place of meetings, not to exceed four meetings per calendar year; and (ii) other procedural matters not specified in this Subsection (5).

(i) the time and place of meetings, not to exceed four meetings per calendar year; and

(ii) other procedural matters not specified in this Subsection (5).

(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(a) Section 63A-3-106;

(b) Section 63A-3-107; and

(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.