(6) "Fee fishing facility" means a body of water used for holding or rearing fish to provide fishing for a fee or for pecuniary consideration or advantage as described in Title 4, Chapter 37, the Aquaculture Act.(7) "Food fish" means aquatic animal species cultured or harvested from the wild for human consumption.
(8)(a) "Marine aquatic animal" means a member of any species of fish, mollusk, or crustacean, including their eggs and sperm, that spends its entire life cycle in a marine environment.
(b) "Marine aquatic animal" does not include:
(i) anadromous aquatic animal species;
(ii) species that temporarily or permanently reside in brackish water; and
(iii) species classified as invasive or nuisance by state or federal law.
(9)(a) "Ornamental aquatic animal species" means any species of fish, mollusk, or crustacean that is sold for display.
(b) "Ornamental aquatic animal species" does not mean:
(i) Sport fish;
(ii) Baitfish;
(iii) Aquatic animal species that are native to Utah;
(iv) Aquatic animals and marine aquatic animals prohibited for importation or possession under federal law; or
(v) Aquatic animals and marine aquatic animals listed as prohibited or controlled in Subsection R657-3c-5(1).
[(10)](10) "Private fish pond" means a standing body of water or any fish culture system which: (a) is not located on a natural lake, natural flowing stream, or reservoir constructed on a natural stream channel; (b) is contained entirely on privately owned land; and (c) is used for holding or rearing fish for a private, non-commercial purpose. (11) "Sport fish" means aquatic animal species regulated for angling and harvest for recreation or sport from any state in the United States, excluding Peacock Bass (Cichla ocellaris). R657-3c-5. Noncontrolled, Controlled, and Prohibited Species.
(1)(a) The noncontrolled, controlled, and prohibited aquatic animal species classification table entitled Aquatics Species Classification Table 3c-1, dated May 1, 2023 is incorporated by reference.
(b) Table 3c-1 can be accessed in person or by contacting the Salt Lake division office located at 1594 West North Temple, Salt Lake City, Utah 84114, and on the division's Certificates of Registration web page at https://wildlife.utah.gov/licenses/certificates-of-registration.html.
(2) A person may collect and possess live aquatic animals of controlled species if:
(a) They possess a valid certificate of registration;
(b) Successfully complete the Fish, Mollusk, and Crustacean education course;
(c) Satisfy the mandatory reporting requirements established in Section R657-3c-6; and
(d) The number of individuals of a species in a person's possession may not exceed the limits established under that person's certificate of registration.
(3) All native species and naturalized sportfish species are classified as controlled except those species that are classified as prohibited.
(4) Some species are classified as noncontrolled when stocked in a private fish pond, short-term fishing event, or aquaponics facility, as allowed in Rule R657-59.
(5) Triploid Grass Carp can be stocked as allowed in Rule R657-[59]59a. (6)(a) Exemptions may be granted to educational, scientific, and commercial organizations.
(b) An individual or entity must acquire a certificate of registration before engaging in an educational, scientific, or commercial use activity involving the collection or possession of a controlled or prohibited species.
(i) A scientific use certificate of registration is valid for the time-period identified in the research proposal and approved by the division.
(ii) An educational use certificate of registration is valid for 3 years and authorize wildlife related instructional activities identified on the certificate of registration.
(iii) A commercial use certificate of registration is valid for 3 years and authorize commercial use activities identified on the certificate of registration.
R657-3c-9. Collection, Transportation, Possession, and Propagation of Aquatic Animal Species. (1) A person shall obtain a certificate of registration before collecting, transporting, possessing, or propagating any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board. (2) A certificate of registration is not required to collect, transport, possess, or propagate any aquatic animal species classified as noncontrolled. (3) Possessed live aquatic animals must be housed where: (a) there is no risk that the aquatic animals can escape into a public waterway or waterbody; and (b) all effluent from holding tanks must be managed to eliminate the potential for discharge into public waters. Private ponds, licensed aquaculture facilities, and licensed fee fishing facilities are exempt from this requirement. (4) Possessed aquatic animal species cannot be released into the wild regardless of whether they are classified as noncontrolled, controlled or prohibited. R657-3c-11. [Transportation of Aquatic Animal Species. (1) A person shall obtain a certificate of registration before transporting any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board. (2) A certificate of registration is not required to transport any aquatic animal species classified as noncontrolled. R657-3c-12. Possession of Aquatic Animal Species. (1) A person shall obtain a certificate of registration before possessing any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board. (2) A certificate of registration is not required to possess any aquatic animal species classified as noncontrolled. 
