No. 31611 (Amendment): R657-16. Aquaculture and Fish Stocking

DAR File No.: 31611
Filed: 06/24/2008, 09:03
Received by: NL

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:

Provisions of this rule are being amended to exclude private fish ponds which are now regulated under Rule R657-59. Provisions are being amended to allow the division to take aquatic wildlife from the wild for placement in an aquarium for purposes of display or education. Other changes are being made for consistency and clarity. (DAR NOTE: The 120-day (emergency) rule filing for Rule R657-59 is under DAR No. 31625 in this issue, July 15, 2008, of the Bulletin, and was effective 06/27/2008. The proposed new Rule R657-59 is under DAR No. 31612 in this issue of the Bulletin.)

State statutory or constitutional authorization for this rule:

Sections 23-15-9 and 23-15-10

Anticipated cost or savings to:

the state budget:

This amendment removes private fish ponds from the text and makes the appropriate reference to Rule R657-59. It also allows for the Division of Wildlife Resources (DWR) to take aquatic wildlife from the wild for placement in an aquarium for purposes of display or education, and makes other changes for consistency and clarity. 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 and persons other than businesses:

This amendment removes private fish ponds from the text and makes the appropriate reference to Rule R657-59. It also allows for DWR to take aquatic wildlife from the wild for placement in an aquarium for purposes of display or education, and makes other changes for consistency and clarity. 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 amendment removes private fish ponds from the text and makes the appropriate reference to Rule R657-59. It also allows for DWR to take aquatic wildlife from the wild for placement in an aquarium for purposes of display or education, and makes other changes for consistency and clarity. There are not any additional compliance costs associated with this amendment.

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 Division of Administrative Rules, or at:

Natural Resources
Wildlife 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 [e-mail]

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:

08/14/2008

This rule may become effective on:

08/21/2008

Authorized by:

James F Karpowitz, 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) [private fish ponds;

(c) ]short-term fishing events;

([d]c) private fish stocking; and

([e]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) "Ornamental fish" means fish that are raised or held for their beauty rather than use, or that arouse interest for their uncommon or exotic characteristics, including tropical fish, goldfish, and koi, but not including those species listed as prohibited or controlled in Rule R657-3-34.

(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 [covered by a certificate of registration for]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.

 

R657-16-6. Failure to Renew Certificates of Registration Annually.

(1) If an operator of an aquaculture facility, [or private fish pond ]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.

 

R657-16-10. Private Fish Ponds.

[(1) A certificate of registration is required to produce, propagate, rear, or possess any aquatic wildlife or aquaculture product in a private fish pond for private, noncommercial purposes. A separate certificate of registration is required for each private fish pond as defined under aquaculture facility.

(2) A private fish pond owner or operator may not sell, donate, or transfer live fish or live fish eggs, except approved species may be transferred to the private fish pond from an approved source.

(3) A fishing license is not required to take fish from a certificated private fish pond.

(4)(a) To transport dead fish without a license, a person must have a receipt which contains the following information:

(i) species and number of fish;

(ii) date caught;

(iii) certificate of registration number of the private fish pond; and

(iv) name, address, and telephone number of the owner of the private fish pond.

(b) Any person that has a valid fishing license may transport up to a legal limit of dead fish from a private fish pond without further documentation.

(5)(a) A certificate of registration for a private fish pond may be obtained by submitting an application and paying a fee in the amount established by the Wildlife Board.

(b) A certificate of registration may be issued after a division representative inspects the private fish pond, and confirms that the pond:

(i) meets all requirements stipulated in this rule and Title 23 of the Utah Code; and

(ii) poses no identifiable adverse threat to other wildlife species or their habitat.

(c) The following conditions apply to the stocking of nonnative fish in the Upper Colorado River Basin:

(i) private ponds within the 50-year flood plain may be stocked with largemouth bass, bluegill, mosquitofish, or triploid grass carp provided the pond is bermed in accordance with FEMA standards; and

(ii) outlets must be screened with 1/4 inch or smaller mesh, or other anti-escapement device acceptable to the division, to prevent the escape of fish; or

(iii) isolated fish ponds, having no connection to the river that are above the 50-year flood plain, may be stocked with largemouth bass, bluegill, mosquitofish, or triploid grass carp; or

(iv) isolated private ponds, having no connection to the river that are above 6,500-foot mean sea level (msl) and above the 100-year flood plain may be stocked with fathead minnow or channel catfish; and

(v) outlets must be screened with 1/4 inch or smaller mesh, or other anti-escapement device acceptable to the division, to prevent the escape of fish.

(d) A certificate of registration may be renewed annually for six consecutive years by submitting an application each year, paying a fee in the amount established by the Wildlife Board and submitting the records described in Subsection (6). After a period of six years, or in the event the annual renewals are not maintained for any reason, the water shall again undergo original application, inspection, and payment of a fee in the amount established by the Wildlife Board.

(6)(a) Any person that possesses a certificate of registration for a private fish pond must submit to the division a report of all live fish purchased or acquired during the year. This report must contain the following information:

(i) name, address, and certificate of registration number of the seller or supplier;

(ii) number and weight, by species;

(iii) date of sale or transfer; and

(iv) name, address, and certificate of registration number of the receiver.

(b) A form for this information is provided by the division.

(c) This record must be sent to the division no later than January 30, and must be received before the certificate of registration may be renewed.]Private fish ponds are regulated under the provisions in R657-59.

 

R657-16-12. Private Stocking.

(1) An individual wishing to stock fish for private, noncommercial purposes in a body of water not [covered by a certificate of registration]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 [which is not covered by a certificate of registration]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.

 

R657-16-14. 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: [November 15, 2002]2008

Notice of Continuation: October 9, 2007

Authorizing, and Implemented or Interpreted Law: 23-15-9; 23-15-10