79-3-501 - Permit required to excavate critical paleontological resources on state lands -- Removal of specimen or site.
79-3-501. Permit required to excavate critical paleontological resources on statelands -- Removal of specimen or site.
(1) (a) Before excavating for critical paleontological resources on lands owned orcontrolled by the state or its subdivisions, except as provided in Section 79-3-502, a person mustobtain a permit from the survey.
(b) Application for a permit shall be made on a form furnished by the survey.
(c) The survey shall make rules for the issuance of permits specifying or requiring:
(i) the minimum permittee qualifications;
(ii) the duration of the permit;
(iii) proof of permission from the land owner that the permittee may enter the propertyfor purposes specified in the permit;
(iv) research designs that provide for the maximum recovery of scientific,paleontological, and educational information, in addition to the physical recovery of specimensand the reporting of paleontological information meeting current standards of scientific rigor;
(v) the need, if any, to submit data obtained in the course of field investigations to thesurvey;
(vi) proof of consultation with the designated museum representative regarding curationof collections;
(vii) proof of consultation with other agencies that may manage other legal interests inthe land; and
(viii) other information the survey considers necessary.
(2) All paleontological work shall be carried out under the supervision of the director, orassigned staff.
(3) A person may not remove from the state, prior to placement in a repository orcuration facility, a specimen, site, or portion of a specimen or site from lands owned or controlledby the state or its subdivisions, except as provided in Section 79-3-502, without permission fromthe survey, and without prior consultation with the landowner or other agencies managing otherinterests in the land.
Renumbered and Amended by Chapter 344, 2009 General Session