Section R657-52-7 - Certificate of Registration Transfers(1) Pursuant to Subsection 23-19-1(2), a person may not lend, transfer, sell, give or assign a certificate of registration to harvest brine shrimp and brine shrimp eggs belonging to the person or the rights granted thereby, except as authorized hereafter.(2)(a) "Business entity" for purposes of this section means any person, proprietorship, partnership, corporation, or other commercial organization that has been issued a certificate of registration by the division to harvest brine shrimp and brine shrimp eggs.(b) "Harvesting equipment" for purposes of this section means: (i) the physical harvesting equipment ordinarily required to effectively utilize a certificate of registration; or(ii) an assignable contract with an active remaining term of five or more years between a business entity possessing a valid certificate of registration under this rule and another business entity for the:(A) utilization of that entity's harvesting equipment; or(B) performance of actual harvest activities in behalf of the certificate of registration holder.(3)(a) The division may authorize, consistent with the requirements of this section, the transfer of a valid certificate of registration to harvest brine shrimp and brine shrimp eggs from the lawful holder to another person or entity in the following instances: (i) where any transaction or occurrence will cause the name of the business entity recorded as the certificate of registration holder to change from that specifically identified on the certificate of registration;(ii) where any transaction or occurrence will cause the business entity recorded as the certificate of registration holder to permanently reorganize, dissolve, lapse, or otherwise cease to exist as a legal business entity under the laws of the State of Utah or the jurisdiction where the business entity was organized; or(iii) where any transaction or occurrence effectively transfers a certificate of registration to harvest brine shrimp and brine shrimp eggs in violation of Subsection 23-19-1(2).(b) written approval from the division for any certificate of registration transfer permitted under this rule shall be obtained prior to any transfer of the certificate of registration or the rights granted thereunder.(c) Transferring or selling an ownership interest in a business entity holding a certificate of registration to harvest brine shrimp and brine shrimp eggs does not require division approval provided the transfer of ownership does not cause the business entity to temporarily or permanently change its name, reorganize, dissolve, lapse, or otherwise cease to exist as a legally recognized business entity under the laws of the State of Utah.(4) Obtaining division approval to transfer a certificate of registration to harvest brine shrimp and brine shrimp eggs shall be initiated by application to the division, as provided in Subsections 4(a) through 4(e).(a) Complete the application prescribed by the division and submit it to the division's wildlife registration office.(b) Applications may be submitted any time during the year.(c) Annual applications and fees for certificates of registration renewal shall be submitted between May 1 and May 31, regardless whether a transfer application is contemplated or pending.(d) If an application to transfer a certificate of registration identifies a business entity as the transferee, the transferee must designate a person responsible for that entity. (i) The transferee shall provide on or with the application a written statement designating the responsible person as its legal agent in all matters before the division relating to brine shrimp and brine shrimp egg harvesting.(e) The division may return any application that is incomplete or completed incorrectly.(5) The division shall respond to the application to transfer a certificate of registration within 20 days of receipt in one of the following forms:(a) a letter approving the application;(b) a letter denying the application and identifying the reasons for denial;(c) a letter identifying deficiencies in the application and requesting additional information from the applicant; or(d) a letter notifying the applicant that the division requires additional time to process and consider the application with an explanation of the extenuating circumstances necessitating the extension.(6) The division shall deny an application to transfer a certificate of registration where any of the following exists: (a) the proposed transferee fails to satisfy all the requirements necessary to obtain an original certificate of registration; or(b) the applicant transferor fails to demonstrate that the certificate of registration will be transferred in connection with the sale or transfer of the entire brine shrimp harvest operation or the harvesting equipment ordinarily required to effectively utilize a certificate of registration. (i) Business entities holding no harvesting equipment may be approved for a certificate of registration transfer only where the entire business entity and brine shrimp harvest operation is transferred along with all certificates of registration held by the business entity.(ii) Business entities changing the official name maintained on division records as the certificate of registration holder shall simply establish that the entity's ownership and business structure will not materially differ under the new business name.(iii) Business entities holding a certificate of registration under this rule and a qualified contract with another entity for the utilization of harvest equipment or the performance of harvest activities in behalf of the certificate of registration holder may be approved for a certificate of registration transfer provided: (A) the contract is assignable and assigned to the transferee in conjunction with the transfer of the certificate of registration;(B) the contract has a remaining active term of five or more years; and(C) one of the following is submitted to the division with the transfer application:(I) a copy of the contract and evidence it will be assigned to the transferee upon transfer of the certificate of registration; or(II) an affidavit signed by the contract entity providing harvesting equipment or services to the transferor verifying the contract obligates the affiant to provide harvest equipment or harvesting services to the transferor for five or more years into the future and will be assigned to the proposed certificate of registration transferee upon transfer of the certificate of registration thereby entitling the transferee the use of the equipment or receipt of the harvesting services.(7) The division may deny authorizing a certificate of registration transfer to any proposed transferee for any of the following reasons: (a) the applicant transferee has previously been issued a certificate of registration and has failed to submit any report required by this rule, the division, or the Wildlife Board;(b) the applicant transferee has been found guilty, pleaded guilty or pleaded no contest in an administrative proceeding to violating any rule, statute, proclamation, or Wildlife Board order relating to the harvest, possession, or sale of protected aquatic wildlife; or(c) the applicant transferee has been found guilty, pleaded guilty or pleaded no contest in a criminal proceeding to violating any rule, statute, proclamation, or Wildlife Board order relating to the harvest, possession, or sale of protected aquatic wildlife.(8)(a) If a transfer application is approved, the division shall accept the surrender of the transferor's certificate of registration and reissue it to the proposed transferee within 10 business days of the surrender consistent with the requirements prescribed in this rule.(b) The proposed transferee may not begin harvesting brine shrimp or brine shrimp eggs until it has received a certificate of registration from the division issued in its name, and only then in conformance with all applicable laws, rules, and orders of the Wildlife Board and division.(c) In receiving a certificate of registration transferred under this Section, the transferee assumes no additional privileges or opportunities with respect to harvesting brine shrimp and brine shrimp eggs than those formerly possessed by the transferor.Utah Admin. Code R657-52-7
Amended by Utah State Bulletin Number 2020-08, effective 4/8/2020