DAR File No. 41149
This rule was published in the February 1, 2017, issue (Vol. 2017, No. 3) of the Utah State Bulletin.
Natural Resources, Wildlife Resources
Rule R657-16
Aquaculture and Fish Stocking
Notice of Proposed Rule
(Repeal)
DAR File No.: 41149
Filed: 01/11/2017 06:37:37 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is being amended pursuant to Regional Advisory Council and Wildlife Board meetings conducted for taking public input and reviewing the division's program by which live aquatic wildlife may be possessed or transported.
Summary of the rule or change:
Rule R657-16 provides the standards and procedures for institutional aquaculture, short-term fishing events, private fish stocking, and displaying aquaculture products or aquatic wildlife in aquaria. This rule has been incorporated into Rule R657-59 and is no longer needed as a separate rule. Consequently, the rule is repealed in its entirety. (Editor's Note: A proposed amendment to Rule R657-59 is under Filing No. 41150 in this issue, February 1, 2017, of the Bulletin.)
Statutory or constitutional authorization for this rule:
- Section 23-15-10
- Section 23-15-9
Anticipated cost or savings to:
the state budget:
This amendment repeals this rule. The Division of Wildlife (DWR) has determined that this amendment does not create a cost or savings impact to DWR's budget or the state budget.
local governments:
None--This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments.
small businesses:
This amendment repeals the rule and the content has been incorporated into another rule (Rule R657-59). DWR determines the amendment does not impose any additional requirements on other persons, nor generate a cost or savings impact to small businesses.
persons other than small businesses, businesses, or local governmental entities:
This amendment repeals the rule and the content has been incorporated into another rule (Rule R657-59). DWR determines the amendment does not impose any additional requirements on other persons nor generate a cost or savings impact to other persons.
Compliance costs for affected persons:
This repeal does not create compliance costs for affected persons, because the requirements from this rule have been incorporated into Rule R657-59 and are therefore redundant.
Comments by the department head on the fiscal impact the rule may have on businesses:
The amendments to this rule do not create an impact on businesses.
Michael R. Styler, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Natural ResourcesWildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154
Direct questions regarding this rule to:
- Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
03/03/2017
This rule may become effective on:
03/10/2017
Authorized by:
Gregory Sheehan, Director
RULE TEXT
R657. Natural Resources, Wildlife Resources.
[
R657-16. Aquaculture and Fish Stocking.
R657-16-1. Purpose and Authority.
(1) Under the authority of Sections 23-15-9 and 23-15-10
of the Utah Code, this rule provides the standards and procedures
for:
(a) institutional aquaculture;
(b) short-term fishing events;
(c) private fish stocking; and
(d) displaying aquaculture products or aquatic wildlife
in aquaria.
(2) This rule does not cover private fish ponds as
provided in R657-59, or fee fishing and commercial aquaculture as
provided in Title 4, Chapter 37, Parts 2 and 3; and the
Department of Agriculture Rule R58-17.
(3) A person engaging in any activity provided in
Subsection (1) must also comply with the provisions set forth in
Rule R657-3 and the Department of Agriculture Rule
R58-17.
(4) Any violation of, or failure to comply with, any
provision of this rule or any specific requirement contained in a
certificate of registration issued pursuant to this rule may be
grounds for revocation or suspension of the certificate of
registration or denial of future certificates of registration, as
determined by a division hearing officer.
R657-16-2. Definitions.
(1) Terms used in this rule are defined in Section
23-13-2.
(2) In addition:
(a) "Aquaculture" means the husbandry,
production, harvest, and use of aquatic organisms under
controlled, artificial conditions.
(b) "Aquaculture facility" means any facility
used for propagating, rearing, or producing aquatic wildlife or
aquaculture products. Facilities that are separated by more than
1/2 mile, or facilities that drain to, or are modified to drain
to, different drainages are considered to be separate aquaculture
facilities, regardless of ownership.
(c)(i) "Aquaculture product" means privately
purchased aquatic wildlife or their gametes.
(ii) "Aquaculture product" does not include
aquatic wildlife obtained from the wild.
(d) "Aquarium" means any container located in
an indoor facility that is used to hold fish from which no water
is discharged, except during periodic cleaning, and which
discharged water is passed through a filtering system capable of
removing all fish and fish eggs and is disposed of only in a
septic tank approved by the county or in a municipal wastewater
treatment system approved by either the state or local health
department.
(e) "Display" means to hold live aquaculture
products or aquatic wildlife in an aquarium for the purpose of
viewing for commercial or noncommercial purposes.
(f) "FEMA" means Federal Emergency Management
Administration.
(g) "Institutional aquaculture" means
aquaculture engaged in by any institution of higher learning,
school, or other educational program, or public agency.
(h)(a)"Ornamental aquatic animal species" means
any species of fish, mollusk, or crustacean that is commonly
cultured and sold in the United States' aquarium industry for
display.
(b) "Ornamental aquatic animal species" does
not include:
(i) fresh water:
(A) sport fish - aquatic animal species commonly angled
or harvested for recreation or sport;
(B) baitfish - aquatic animal species authorized for us
as bait in R657-13-12, and any other species commonly used by
anglers as bait in sport fishing;
(C) food fish - aquatic animal species commonly cultured
or harvested from the wild for human consumption; or
(D) native species; or
(ii) aquatic animal species prohibited for importation or
possession by any state, federal, or local law; or
(iii) aquatic animal species listed as prohibited or
controlled in Sections R657-3-22 and R657-3-23.
(i) "Private fish pond" means a pond,
reservoir, or other body of water, or any fish culture system
which is contained on privately owned land and used for holding
or rearing fish for a private, noncommercial purpose.
(j) "Private stocking" means noncommercial
stocking of live aquaculture products in waters of the state not
eligible as a private fish pond under R657-59 or other private
fish facility.
(k) "Purchase" means to buy, or otherwise
acquire or obtain through barter, exchange, or trade for
pecuniary consideration or advantage.
(l) "Short-term fishing event" means any event
where privately acquired fish are held or confined for a period
not to exceed seven days for the purpose of providing fishing or
recreational opportunity and where no fee is charged as a
requirement to fish.
R657-16-3. Certificate of Registration Required.
(1) A certificate of registration is required before any
person may engage in any of the following activities:
(a) produce, propagate, rear, or culture any aquatic
wildlife or aquaculture product;
(b) privately stock fish;
(c) acquire aquaculture products for a short-term fishing
event; or
(d) display aquaculture products in an aquarium, except a
certificate of registration is not required for ornamental fish
held in an aquarium.
(2) Only species approved by the division and listed on
the certificate of registration may be possessed and used in
conjunction with the activities covered by this rule.
(3) No aquaculture facility shall be developed on natural
lakes or natural flowing streams, or reservoirs constructed on
natural stream channels as provided in Section 23-15-10. Other
waters, including canals, off-stream reservoirs or ponds, and
excavated ponds or raceways, may be considered for an
aquacultural use.
R657-16-4. Application for Certificates of Registration.
(1) An application for a certificate of registration must
be submitted to the Wildlife Registration Office, Utah Division
of Wildlife Resources, 1594 West North Temple, Salt Lake City,
Utah 84114.
(2) The application may require up to 45 days for
processing, except for a short-term fishing event, which may
require up to 10 days for processing.
(3) Application forms are available at all division
offices and at the division's Internet address.
(4) Applications that are incomplete, filled out
incorrectly, or submitted without the appropriate fee may be
returned to the applicant.
R657-16-5. Renewal of Certificates of Registration.
(1) Certificates of registration are valid for the dates
identified on the certificate of registration.
(2) Certificates of registration are renewable on or
before the expiration date as identified on the certificate of
registration.
R657-16-6. Failure to Renew Certificates of Registration
Annually.
(1) If an operator of an aquaculture facility, fails to
renew the certificate of registration annually, or the hearing
officer suspends the certificate of registration, all live
aquatic wildlife or aquaculture products permitted under the
certificate of registration shall be disposed of as
follows:
(a) Unless the Wildlife Board orders otherwise, all
aquatic wildlife or aquaculture products must be removed within
30 days of revocation or the expiration date of the certificate
of registration, or within 30 days after ice-free conditions on
the water; or
(b) At the discretion of the division, aquatic wildlife
or aquaculture products may remain in the waters at the facility,
but shall only be taken as prescribed within Rule R657-13 for
Taking Fish and Crayfish.
(2) Aquatic wildlife or aquaculture products from a
facility not health approved under Section 4-37-501 may not be
moved alive.
(3) Aquatic wildlife or aquaculture products from an
aquatic facility infected with any of the pathogens specified in
the Department of Agriculture Rule R58-17 must be disposed of as
directed by the division to prevent further spread of such
diseases.
R657-16-7. Importation.
(1)(a) To import live aquatic wildlife or aquaculture
products into Utah, a certificate of registration is
required.
(b) Species of aquatic wildlife or aquaculture products
that may be imported are provided in Rule R657-3-34.
(2)(a) To import live grass carp (Ctenopharyngodon
idella), each fish must be verified as being triploid by the U.S.
Fish and Wildlife Service.
(b) The form verifying triploidy must be obtained from
the supplier and be on file with the Wildlife Registration Office
of the division in Salt Lake City prior to importation.
(c) A copy of this form must also accompany the fish
during transport.
(3) Applications to import aquatic wildlife or
aquaculture products are available from all division offices and
must be submitted to the division's Wildlife Registration
Office in Salt Lake City. Applications may require up to 45 days
for action.
R657-16-8. Acquiring and Transferring Aquaculture
Products.
(1) Live aquatic wildlife or aquaculture products, other
than ornamental fish, may be:
(a) purchased or acquired only from sources that have a
valid certificate of registration from the Utah Department of
Agriculture and Food to sell such products or from a person
located outside Utah if both the species and the source are
approved on a certificate of registration for importation or by
the Utah Department of Agriculture and Food; and
(b) acquired, purchased or transferred only from sources
which have been health approved by the Utah Department of
Agriculture and Food and assigned a fish health approval number
as provided in Section 4-37-501. This also applies to separate
facilities owned by the same individual, because each facility is
treated separately, regardless of ownership.
(2)(a) Any person who has been issued a valid certificate
of registration may transport live aquatic wildlife or
aquaculture products as specified on the certificate of
registration to the facility or approved stocking site.
(b) Except as provided in Subsection (3), all transfers
or shipments of live aquatic wildlife or aquaculture products
must be accompanied by documentation of the source and
destination of the fish, including:
(i) name, address, certificate of registration number,
and fish health approval number of the source;
(ii) number and weight being shipped, by species;
and
(iii) name, address, and certificate of registration
number of the destination, if the destination is a fish hatchery
or private water; or
(iv) name, address, county, and division water
identification number if the destination is a public
water.
(3)(a) Live aquatic wildlife or aquaculture products may
be shipped through Utah without a certificate of registration
provided that:
(i) the aquatic wildlife or aquaculture products are not
sold or transferred;
(ii) the aquatic wildlife or aquaculture products remain
in the original container;
(iii) the water is not exchanged or discharged;
and
(iv) the shipment is in Utah no longer than 72
hours.
(b) Proof of legal ownership and destination must
accompany the shipment.
R657-16-9. Inspection of Records and Facilities.
(1) The following records and information must be
maintained for a period of two years and must be available for
inspection by a division representative during reasonable
hours:
(a) records of purchase, acquisition, distribution, and
production histories of aquatic wildlife or aquaculture
products;
(b) certificates of registration; and
(c) valid identification of stocks.
(2) Division representatives may conduct pathological,
fish culture, or physical investigations at any facility, pond,
or holding facility during reasonable hours.
R657-16-10. Private Fish Ponds.
Private fish ponds are regulated under the provisions in
R657-59.
R657-16-11. Short-Term Fishing Events.
(1) A person sponsoring a short-term fishing event must
obtain a certificate of registration prior to holding the event,
except the division may conduct short-term fishing events for
educational purposes without a certificate of
registration.
(2)(a) A certificate of registration for a short-term
fishing event may be obtained by applying to the Wildlife
Registration Office at the division's Salt Lake City office a
minimum of 10 days prior to the event.
(b) Application forms are available at all division
offices.
(c) After review and confirmation by the division that
the event poses no identifiable adverse threats to other fish or
wildlife species, a certificate of registration may be
issued.
(d) The certificate of registration may cover multiple
events, which must be requested on the application form.
(3) A fishing license and bag limit is not required of
participants in a short-term fishing event unless stated
otherwise on the certificate of registration.
(4) For short-term fishing events where fishing licenses
and bag limits under Rule R657-13 do not apply, a receipt must be
given to participants transporting dead aquaculture products or
aquatic wildlife away from the event. Such receipt must include
the following information:
(a) name of event sponsor;
(b) date caught;
(c) certificate of registration number; and
(d) species and number of dead aquaculture products or
aquatic wildlife being transported.
(5) Live fish remaining at the end of the event may not
be transported alive, released, or stocked.
(6) A certificate of registration for a short-term
fishing event may be obtained by submitting an application and
paying a fee in the amount established by the Wildlife
Board.
R657-16-12. Private Stocking.
(1) An individual wishing to stock fish for private,
noncommercial purposes in a body of water not eligible as a
private fish pond under R657-59 must first obtain a certificate
of registration for private stocking.
(2) Fish released in a state water not eligible as a
private fish pond under R657-59 are considered wild aquatic
wildlife and may be taken only as provided in Rule R657-13 and
the fishing proclamation.
(3) A water that does not qualify as a private fish pond
may not be screened to contain fish stocked (pursuant to a
certificate of registration for private stocking), except that a
water stocked with grass carp to control aquatic weeds must be
adequately screened to prevent the grass carp from
escaping.
(4)(a) Private stocking is limited only to those species
approved on the certificate of registration.
(b) Species approval will be based on the biological
suitability of the requested species compared to the needs of the
fish and other wildlife in the drainage.
(c) An amendment to the certificate of registration is
required each time fish are stocked, except the division may
allow a person to stock fish more than once if the request is
made on the application, and is approved by the
division.
(d) Fish may be acquired only from a source that has a
valid fish health approval number assigned by the Department of
Agriculture.
(5)(a) An application for a certificate of registration
for private stocking to stock fish other than grass carp may be
approved only if:
(i) on privately owned land;
(ii) the body of water is a reservoir, the reservoir is
wholly contained on the land owned by the applicant; and
(iii) the body of water is not stocked or otherwise
actively managed by the division.
(b) An application for a certificate of registration for
private stocking of fish other than grass carp shall not be
approved if:
(i) the fish to be stocked are for a commercial purpose;
or
(ii) in the opinion of the division, stocking would cause
harm to other species of fish or wildlife.
(6) An application for a certificate of registration for
private stocking of triploid grass carp for control of aquatic
weeds will be evaluated based upon:
(a) the severity of the weed problem;
(b) availability of other suitable means of weed
control;
(c) adequacy of screening to contain the grass carp;
and
(d) potential for conflict or detrimental interactions
with other species of fish or wildlife.
(7) A certificate of registration for private stocking
may be issued after review of the appropriateness of the
requested species and inspection of the water to be stocked by a
division representative to ensure compliance with the
stipulations of this rule and the absence of any threat to other
fish or wildlife species.
(8) A certificate of registration for private stocking
may be obtained by submitting an application and paying a fee in
the amount established by the Wildlife Board.
R657-16-13. Institutional Aquaculture.
(1) A certificate of registration is required for any
public agency, institution of higher learning, school, or
educational program to engage in aquaculture.
(2) Aquatic wildlife or aquaculture products produced by
institutional aquaculture may not be:
(a) sold;
(b) stocked; or
(c) transferred into waters of the state unless
specifically authorized by the certificate of
registration.
(3) The fish health approval requirements of Section
4-37-501 apply.
(4)(a) A certificate of registration for institutional
aquaculture may be obtained by submitting an application to the
division.
(b) A certificate of registration may be renewed on or
before July 31 each year by submitting an application and the
records described in Subsection (5).
(5)(a) A person possessing a valid certificate of
registration for institutional aquaculture must submit to the
division a report of each acquisition, distribution, transfer, or
stocking of live aquatic wildlife or aquaculture
products.
(b) This report must be sent to the division no later
than June 30, and must be received before the certificate of
registration may be renewed.
(c) Documentation of source, quantity, species, health
approval status, and destination of all live aquatic wildlife or
aquaculture products must accompany all shipments or
transfers.
R657-16-14. Display.
(1)(a) A certificate of registration is required to hold
live aquatic wildlife or aquaculture products in an aquarium for
the purpose of viewing or displaying for commercial or
noncommercial purposes, except the division may hold live aquatic
wildlife or aquaculture products in an aquarium for educational
viewing or display without a certificate of registration. A
certificate of registration is not required to display ornamental
fish.
(b) Live aquatic wildlife or aquaculture products that
are displayed must meet the health approval standards described
in Section 4-37-501.
(2)(a) Aquatic wildlife taken from the wild may not be
displayed or held in an aquarium.
(b) The division may take aquatic wildlife from the wild
for placement in an aquarium for purposes of display or
education.
(3) Live aquaculture products held in an aquarium for
display may not be transferred, sold alive, released, or stocked.
They may be sold as long as they are first killed and prepared
for consumption.
(4)(a) A certificate of registration for display of live
aquaculture products in an aquarium may be obtained by submitting
an application and paying a fee in the amount established by the
Wildlife Board.
(b) The certificate of registration is renewable every
five years on or before the renewal date as specified on the
certificate of registration by submitting an application, paying
a fee in the amount established by the Wildlife Board, and
submitting the records described in Subsection (5).
(5)(a) A person possessing a certificate of registration
for display must submit to the division an annual report of each
purchase or acquisition of live aquaculture products. This report
must include the following information:
(i) name, address, certificate of registration number,
and health approval number of the source; and
(ii) number and weight acquired, by species.
(b) This record must be submitted to the division no
later than January 30 each year, and must be received before the
certificate of registration can be renewed.
KEY: wildlife, aquaculture, fish
Date of Enactment or Last Substantive Amendment: August 21,
2012
Notice of Continuation: October 1, 2012
Authorizing, and Implemented or Interpreted Law: 23-15-9;
23-15-10
]
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2017/b20170201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Staci Coons at the above address, by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.