(4) Any violation of, or failure to comply with, Title 23A, the Wildlife Resources Code of Utah, this rule, or any specific requirement contained in a certificate of registration issued pursuant to this rule may be grounds for suspension of the certificate or denial of future certificates, as determined by the division.R657-59d-2. Definitions.
(1)(a) "Aquaculture product" means privately purchased, domestically produced aquatic
organisms, or their gametes.
(b) "Aquaculture product" does not mean aquatic wildlife obtained from the wild, aquatic wildlife produced by the state or federally owned aquaculture facilities, or ornamental aquatic animal species.
(2) "Aquaponics facility" means a facility that combines fish and plant culture for a non-commercial purpose where:
(a) all water flowing into or through the facility is completely isolated from any other water source via a self-contained water transport system;
(b) all water and waste flowing from the facility is discharged into a permitted sewer or septic system or there is no risk that water and waste discharged from the facility can enter a public waterway or waterbody; (c) the aquatic animals held within the facility are used for non-commercial purposes only;
(d) no aquatic animals or their gametes are transported from the facility alive; and
(e) the primary use of the facility is for food production and not for the general display of fish in aquaria.
(3) "Institutional aquaculture" means aquaculture engaged in by a school, college, university, or other educational program, or public agency other than the division.
(4) "Lake" means a naturally formed, perennial or intermittent, non-flowing waterbody that collects and keeps water in quantity for use
(5) "Natural stream channel" means a body of water that maintains continuous, seasonal or potential flow, as determined by the division.
(6) "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.
(7) "Reservoir" means an artificially constructed, non-flowing waterbody that is used to collect and keep water in quantity for use built by damming a natural stream channel.
(8) "Short-term fishing event" means any event where:
(a) privately acquired fish are held or confined for a period not to exceed ten days in a temporary event tank;
(b) for the purposes of providing a recreational opportunity; and
(c) no fee is charged as a requirement to fish.
R657-59d-3. Aquaculture Facility Requirements.
(1) An aquaculture facility that possesses a valid license from the Utah Department of Agriculture and Food may stock aquatic wildlife into institutional aquaculture facilities within Utah, provided:
(a)(i) The purchaser of the aquatic wildlife possesses a valid institutional aquaculture facility Certificate of Registration as issued by the division; or
(ii) the species being stocked meets the criteria where a certificate of registration is not required as described in Section R657-59a-4;
(b) Any triploid aquaculture product that are stocked originate from a lot that has been tested and meet the requirements specified in Subsection R657-59a-5(3);[ and] (c) The aquaculture facility provides the purchaser of any triploid fish a copy of the letter issued by the division certifying that the stocked fish originated from a lot that meets the requirements specified in Subsection R657-59a-5(3[).]); and (d) Any aquaculture product that originate from an aquaculture facility that have New Zealand mud snails must be stocked in accordance to the procedures described in Section R657-59a-10. (2) The division may collect aquatic wildlife from institutional aquaculture facilities to verify that the species and ploidy meet the requirements of Rule R657-59a.
(3)(i) It is unlawful for an aquaculture facility to release aquatic wildlife that violates the terms of Rule R657-59d or other rules established under Title 23A, the Wildlife Resources Code of Utah, and the Utah Wildlife Board.
(ii) Violation of this rule may result in a violation of Sections 23A-5-305 and 4-37-6.
R657-59d-7. Application for a Fish Stocking Certificate of Registration; Application Criteria; Amendment of Certificate of Registration.
(1) Only persons who are full-time employees of the institution of higher learning, school, or other educational program, or public agency seeking to engage in institutional aquaculture may apply for a certificate of registration.
(2)(a) A person may apply to receive a certificate of registration for an [aquaponics]institutional aquaculture facility by submitting an application with the required handling and inspection fee following the instructions provided at: https://wildlife.utah.gov/private-ponds.html (b) The application may require up to 30 days for processing.
(c) The division may require a site inspection of the stocking location be performed to confirm compliance with the provisions found in this rule.
(d) The division may deny an application where:
(i) the application is incomplete, filled out incorrectly, or submitted without the appropriate fee;
(ii) receiving or stocking the aquaculture product or aquatic wildlife may:
(A) violate any federal, state or local law or any agreement between the state and another party;
(B) negatively impact native wildlife species listed by the division as sensitive or by the federal government as threatened or endangered;
(C) pose an identifiable adverse threat to other wildlife species or their habitat;
(D) pose an identifiable adverse impact to the division's game fish stocking regimes or wildlife management objectives; or
(iii) the applicant has violated Title 23A, the Wildlife Resources Code of Utah, Title R657, a guidebook of the Wildlife Board, a certificate of registration, an order of the Wildlife Board, or any other law related to the applicant's ability to responsibly carry out the stocking activity.
