HB255 Implementation Update

[Murph McBride]

The new law that goes into effect on July 1, 2020 requires nonresident vessel owners to pay an aquatic invasive species mitigation fee before operating a vessel on waters in Utah (residents have been paying the fee since 2015 as part of their annual boat registration fee). The new law creates the aquatic invasive species mitigation fee, requiring nonresident owners of certain vessels to pay a fee in order to operate a boat on waters in Utah and requires owners of certain vessels to complete an education course.

The new law also says the annual nonresident aquatic invasive species fee will be $20 on each vessel in order to launch or operate a vessel in waters of this state if the vessel is owned by a nonresident; and the vessel would otherwise be subject to registration requirements under Section 73-18-7 if the vessel were owned by a resident of this state. Before launching a vessel on the waters of this state, a nonresident shall pay the aquatic invasive species fee, and the vessel owner shall successfully complete an aquatic invasive species education course offered by the division.

Please note: it does not matter where you launch at Lake Powell. If you launch your boat in Arizona and drive it to (operate it in) any part of the lake in Utah, you will need to pay the $20 aquatic invasive species mitigation fee before operating your boat in any portion of Lake Powell on the Utah side of the border regardless of where you launched the boat. And you must complete the on-line aquatic invasive species education course. I’m not 100% sure on this, but I believe that you will be required to complete the course BEFORE you pay the $20 fee.

If you will be launching/operating a non-registered water vessel (such as a float tube or kayak without a motor) as a Utah non-resident, you will only be required to complete the aquatic invasive species education course before doing so. Once the course has been completed, you can print out the certificate and use it for the remainder of the calendar year in which it was issued. It will expire on December 31 of the year it was issued in.

If you are a Utah resident, the requirement for course completion has been waived for the rest of 2020.

so all of the houseboats and rental boats based in Arizona will have to get this sticker and pay the $20.00 ? Seems questionable!

 

[Buffalo4]

If you are a non-resident and leave your boat in dry storage in Bullfrog, will you still be required to pay that fee?
Thanks,
Buffalo4

 

[Cliff]

As an AZ resident I have an aluminum jon boat that is NEVER put in Powell. it is used in lakes in So. Utah exclusively.
Again, it is never put in Lake Powell. I'm wondering where it fits in this program?
Anyone care to venture an idea? I'll be going to the ramp next Friday to see if anyone there knows anything.

 

[Beachin It]

The thing that I don't understand is; I completed the AIS education course last year, yet I am required to take the same course again in "2020" which I did. The NPS personnel don't have to take their masters or BS or whatever education they took that is required to keep their jobs every year, why do we as boaters have to. They must have bigger brains to retain all that information. Sq

They just want your money after all it is a government entity you are dealing with

 

[Beachin It]

They just want your money after all it is a government entity you are dealing with

oh just saw your next post,,, never mind you already knew that,,, LOL

 

[Ryan]

As an AZ resident I have an aluminum jon boat that is NEVER put in Powell. it is used in lakes in So. Utah exclusively.
Again, it is never put in Lake Powell. I'm wondering where it fits in this program?
Anyone care to venture an idea? I'll be going to the ramp next Friday to see if anyone there knows anything.

This isn’t a Lake Powell program. The way i read it the policy is a “all lakes in Utah” program. If I’m right, you would need to pay the fee.

 

[Cliff]

So that begs the question from me - What do they do about all the boats towed in to the state from all over?
Do we stop at the border and pay the fee or what? Do we take the test at the border or what?
Inquiring minds want to know
Hardly anyone from out of state will know about the program until they cross the state line.
I'll be at the ramp Friday but I doubt I'll have any answers then either.
Hey that begs another question-
As boats are state licensed vehicles in most states and they want to "tax" an out of state vehicle to use it in their state- how far of a stretch is it to want to "tax" out of state cars for say a "road repair fee" Just thinkin'

 

[Cliff]

This isn’t a Lake Powell program. The way i read it the policy is a “all lakes in Utah” program. If I’m right, you would need to pay the fee.

Just read the bill also Seems you may be correct.

 

[Big_BobberII]

So where do we get the stickers? I passed the quagga test without even running the videos. Taking it every year is a bit much.
We have two boats to get stickers for. The Boatel houseboat and the bowrider. Boatel has Arizona registration and bowrider has New Mexico. Do Kayaks need a sticker?

I haven't forgotten who kept Lake Powell open during the last government shutdown.

 

[Ryan]

So that begs the question from me - What do they do about all the boats towed in to the state from all over?
Do we stop at the border and pay the fee or what? Do we take the test at the border or what?
Inquiring minds want to know
Hardly anyone from out of state will know about the program until they cross the state line.
I'll be at the ramp Friday but I doubt I'll have any answers then either.
Hey that begs another question-
As boats are state licensed vehicles in most states and they want to "tax" an out of state vehicle to use it in their state- how far of a stretch is it to want to "tax" out of state cars for say a "road repair fee" Just thinkin'

I don’t think that is true. Good or bad (and I certainly have an opinion) this isn’t new. We used to take ATVs into Utah (and Wyoming). Both states require out of state riders to purchase a state specific staff.

Colorado, WY, NE all require the same state specific ANS stamp that UT is now requiring.

 

[Dan Spitzer]

If I have the correct version of HB255 signed into law by Utah's Governor, it states:

23-27-304. Aquatic invasive species fee.
102 (1) (a) Except as provided in Subsection (1)(b), there is imposed an annual nonresident
103 aquatic invasive species fee of $20 on each vessel in order to launch or operate a vessel in
104 waters of this state if:
105 (i) the vessel is owned by a nonresident; and
106 (ii) the vessel would otherwise be subject to registration requirements under Section
107 73-18-7 if the vessel were owned by a resident of this state.

73-18-7 (6) states:
(6) The nonresident owner of any motorboat or sailboat already covered by a valid number that
has been assigned to it according to federal law or a federally approved numbering system of
the owner's resident state is exempt from registration while operating the motorboat or sailboat
on the waters of this state unless the owner is operating in excess of the reciprocity period
provided for in Subsection 73-18-9(1).

Come to your own conclusions.

 

[DeepVee]

So where do we get the stickers? I passed the quagga test without even running the videos. Taking it every year is a bit much.
We have two boats to get stickers for. The Boatel houseboat and the bowrider. Boatel has Arizona registration and bowrider has New Mexico. Do Kayaks need a sticker?

I haven't forgotten who kept Lake Powell open during the last government shutdown.

My argument is that the new Arizona Local Boater program meets the requirements of the Utah program with education, testing, certification and documentation of boat owners that have passed the same type of program. AZGFD mails out the vessel certification stickers a few days after passing the test and providing them with documentation demonstrating the boat is local to the lake.

I assume your houseboat is stored in Page or at the lake? If you haven't already I'd complete the AZ program documents for that boat & get the AZ sticker on the boat.

 

[NOwens]

Where can I get the "single use form" online? Is this a form that I certify that my boat only gets used on Powell and no other lake?

The single-use forms, as well as access to the year-long certification course, are accessed at www.stdofthesea.utah.gov.

Most launch ramps at the most popular Utah reservoirs also have forms available in a box mounted to the AIS signs at the ramps.

 

[NOwens]

I to had problems with the site!! I received my non-res cert last year - 2019 - but could NOT get the state changed to Colo - instead they kept listing it as Utah - even tho they had my correct zip code!! I do not understand why we need to repeat the course?? Have they changed things that much in a year?? I could not get beyond the registration page - but then I am oneoftheoldfartcomputerhandicaped guys! Please tell them repeating the course will NOT make me any more careful than I am now (VERY!) Will use last years until they make it mandatory and I get checked on it.

We update the course every year with important changes in AIS rules and regulations. Therefore, completion of the course is required each year (if you choose to take it and not deal with the single-use forms -- assuming your boat is registered in UT and the online course will not be required for you) so that you are aware of these new developments. Most things will not change, but some do and will be important for boaters to be aware of.

 

[NOwens]

Does this only apply to the ramps actually in Utah?

This applies to any waterbody in Utah, including interstate waters like Flaming Gorge, Bear Lake, and Lake Powell. If the boat is within Utah and on the water, these requirements will apply.

 

[NOwens]

If you are a non-resident and leave your boat in dry storage in Bullfrog, will you still be required to pay that fee?
Thanks,
Buffalo4

The fee and education requirement are only for those boats used on Utah waters. If the boat does not touch the water, the requirements will not apply.

 

[NOwens]

Please visit this site for additional answers to some of the most common questions being asked on this topic:

Don't Spread the STD of the Sea

 

[NOwens]

As an AZ resident I have an aluminum jon boat that is NEVER put in Powell. it is used in lakes in So. Utah exclusively.
Again, it is never put in Lake Powell. I'm wondering where it fits in this program?
Anyone care to venture an idea? I'll be going to the ramp next Friday to see if anyone there knows anything.

If the boat is registered in AZ but will be used on any Utah waterbody, then the fee and education requirements will apply.

 

[Kentucky]

lake Powell is a federal waterway. Not sure how Utah thinks they can do this. I’m already paying a stupid fee for my Nevada registration. Our other boat is AZ registered. Seems like another Utah money grab. Federal laws take precedence on a federal body of water such as the Colorado RIVER WHICH is Lake Powell. Already been through this with Havasu and the people’s republic of California

 

[dubob]

Not sure how Utah thinks they can do this.

Not sure how YOU think they can't. Here's a thought - take them to court and make them show you how they can do that. Be sure to let us know how that works out for you.