No. 41150 (Amendment): Rule R657-59. Private Fish Ponds

(Amendment)

DAR File No.: 41150
Filed: 01/11/2017 06:43:58 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:

The amendments to this rule: 1) expand stocking opportunities for the private aquaculture industry; 2) clarify industry reporting requirements for short-term fishing events; 3) eliminate exemptions and convert all existing exemptions into Certificates of Registration; and 4) incorporate language from Rule R657-16 which eliminates the need for Rule R657-16. (Editor's Note: A proposed repeal of Rule R657-16 is under Filing No. 41149 in this issue, February 1, 2017, of the Bulletin.)

Statutory or constitutional authorization for this rule:

• Section 23-15-10
• Section 23-15-19

Anticipated cost or savings to:

the state budget:

This amendment removes requirements that were time consuming and difficult for the private pond owner and private aquaculture industry. The Division of Wildlife Resources (DWR) determines that these amendments do not create a cost or savings impact to the state budget or DWR's budget since the changes will not increase workload and can be carried out with existing budget.

local governments:

None--This filing does not create any direct cost or savings impact to local governments because only private pond owners and the private aquaculture industry are affected by this filing.

small businesses:

This amendment removes a requirement that was time consuming and difficult for the private pond owner and private aquaculture industry. 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 removes a requirement that was time consuming and difficult for the private pond owner and private aquaculture industry. 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 requirements that were time consuming and difficult for the private pond owners and private aquaculture industry. 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 Office 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:

03/03/2017

This rule may become effective on:

03/10/2017

Authorized by:

Gregory Sheehan, Director

RULE TEXT

R657. Natural Resources, Wildlife Resources.

R657-59. Private Fish Ponds , Short Term Fishing Events, Private Fish Stocking, and Institutional Aquaculture .

R657-59-1. 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) private fish ponds ;

(b) short term fishing events;

(c) private fish stocking; and

(d) institutional aquaculture.

(2) (a) This rule does not regulate fee fishing or private aquaculture as provided in Title 4, Chapter 37 of the Utah Code, and Department of Agriculture Rule R58-17.

(b) The display of aquatic wildlife in aquaria for personal, commercial, or educational purposes is regulated by R657-3.

(3) A person engaging in any activity provided in Subsection (1) must also comply with all requirements established by Title 4 of Utah Code and all rules promulgated by the Utah Department of Agriculture, including, but not limited to:

(a) requirements for the importation of aquaculture products into Utah; and

(b) requirements for fish health approval for aquaculture products.

([3]4) Any violation of, or failure to comply with, any provision of Title 23 of the Utah Code, this rule, or any specific requirement contained in a certificate of registration[or exemption certificate] issued pursuant to this rule may be grounds for suspension of the certificate or denial of future certificates, as determined by the division.

 

R657-59-2. 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]the husbandry, production, harvest, and use of aquatic organisms under controlled, artificial conditions that holds a valid Certificate of Registration from the Utah Department of Agriculture.

(c)(i) "Aquaculture product" means privately purchased , domestically produced aquatic [wildlife]organisms, or their [eggs or ]gametes.

(ii) "Aquaculture product" does not include aquatic wildlife obtained from the wild.

(d) "Aquatic wildlife" for the purposes of this chapter are aquatic organisms that are conceived and born in public waters.

(e) "Certified sterile salmonid" means any salmonid fish or gamete that originates from a health certified source and is incapable of reproduction due to triploidy or hybridization[.], and is confirmed as sterile using the protocol described in R657-59-13.

(f) "FEMA" means Federal Emergency Management Administration.

([i) Triploid salmonids accepted as sterile under this subsection shall originate from a source that is certified as incapable of reproduction using the following protocols:

(A) fish samples shall be collected, prepared, and submitted to a certified laboratory by an independent veterinarian, certified fish health professional, or other professional approved by the division;

(B) certified laboratories shall be limited to independent, professional laboratories capable of reliably testing fish sterility and approved by the division; and

(C) sterility shall be determined by sampling and testing 60 fish from each egg lot with procedures generally accepted in the scientific community as reliable for verifying tripoidy with a 95% or greater success rate.

(ii) An aquaculture facility that receives certified sterile salmonid aquaculture product is not required to conduct additional sterility testing prior to stocking the aquaculture product in a private fish pond, provided the sterile salmonids are kept segregated from other fertile salmonids.

(iii) Hybrid salmonid fish species accepted as sterile under this subsection are limited to splake trout (lake trout/brook trout cross) and tiger trout (brown trout/brook trout cross).

(e) "Exemption certificate" means a document issued by the division pursuant to R657-59-7 that exempts a designated private fish pond from the requirement of obtaining a certificate of registration to stock aquaculture product in the pond.

(f]g)(i) "HUC" or "Hyrologic Unit Code" means a cataloging system developed by the US Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.

(ii) HUCs are typically reported at the large river basin (6-digit HUC) or smaller watershed (11-digit and 14-digit HUC) scale.

([ii]iii) HUC maps and other associated information are available at [http://water.usgs.gov/wsc/sub/1602.html]http://water.usgs.gov/wsc/sub/1602.html.

(h) "Institutional aquaculture" means aquaculture engaged in by any institution of higher learning, school, or other educational program, or public agency.

([g]i)[(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[.] as defined in R657-3-4.

[(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.]

([h]j) "Private fish pond" means a [pond, reservoir, or other ]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[and]

(C) is used for holding or rearing fish for a private, noncommercial purpose.

([i]k) "Purchase" means to buy, or otherwise acquire or obtain through barter, exchange, or trade for pecuniary consideration or advantage.

([j]l) "Salmonid" means any fish belonging to the trout/salmon family.

(m) "Short-term fishing event" means any event where:

(i) privately acquired fish are held or confined for a period not to exceed ten days in a temporary structure or container;

(ii) for the purposes of providing fishing ar recreational opportunity; and

(iii) no fee is charged as a requirement to fish.

(n) "Sterile" means the inability to reproduce.

R657-59-3. Certificate of Registration Not Required -- Private Fish Ponds and Short Term Fishing Events .

(1) A certificate of registration is not required to receive and stock an aquaculture product in a private fish pond, provided[the following conditions are satisfied]:

(a) the [pond is not located on a natural lake, natural flowing stream, or reservoir constructed on a natural stream channel;]private fish pond satisfies the screening requirements established in R657-59-10;

(b) [the pond is properly screened consistent with the requirements in R657-59-15 to prevent the movement of aquatic wildlife into the pond or the movement of any aquaculture product out of the pond;]if a screen is required, the aquaculture product received must be of sufficient size to be incapable of escaping the pond through or around the screen;

(c) the species, sub-species, and sterility of the aquaculture product received is authorized for stocking in the area where the private fish pond is located consistent with the requirements in R657-59-11;

([c]d) the aquaculture product is:

(i) delivered to the pond by a licensed aquaculture facility as defined in [Section 4-37-103]Title 4 Chapter 37 of Utah Code; or

(ii) the owner, lessee, or operator of the private pond:

(A) [receives less than 50 pounds of sterile rainbow trout from a licensed]possesses documentation from the aquaculture facility[in a single delivery;

(B) possesses documentation from the aquaculture facility] verifying the information itemized in R657-59-[11(2)(b)]6 and R58-17-14[(C)(2)] during transport; and

([C]B) assumes legal responsibility for directly transporting the fish from the aquaculture facility to the private fish pond;

([d]e) the owner, lessee, or operator of the pond obtains from the aquaculture facility providing the aquaculture product a valid health approval number issued by the Utah Department of Agriculture and Food pursuant to [Section 4-37-501;

(e) the species, strain, and reproductive capability of the aquaculture product received is authorized for stocking in the area where the pond is located consistent with the requirements in R657-59-16;]Chapter 4 Title 37 of Utah Code; and

(f[) the aquaculture product received is of sufficient size to be incapable of escaping the pond through or around the screen;

(g]) the owner or operator of the private fish pond provides the aquaculture facility a signed written statement that the pond and aquaculture product received are in compliance with this section[; and].

([h) the owner, lessee, or operator of a private fish pond or an invitee has not previously been found in violation of any provision of Title 4, Chapter 37 or Title 23 of the Utah Code, or this rule.]2) A certificate of registration is not required to receive and stock an aquaculture product in a short-term fishing event, provided:

(a) the temporary container or structure to be stocked is entirely separated from any public waterway or waterbody;

(b) the species, sub-species, and sterility of the aquaculture product received is authorized for stocking in the area where the short-term fishing event is located consistent with the requirements in R657-59-11;

(c) the aquaculture product is:

(i) delivered to the pond by a licensed aquaculture facility as defined in Chapter 4 Title 37 of Utah Code; or

(ii) the owner, lessee, or operator of the short-term fishing event:

(A) possesses documentation from the aquaculture facility verifying the information itemized in R657-59-6 and R58-17-14 during transport; and

(B) assumes legal responsibility for directly transporting the fish from the aquaculture facility to the short-term fishing event;

(d) the owner, lessee, or operator of the pond obtains from the aquaculture facility providing the aquaculture product a valid health approval number issued by the Utah Department of Agriculture and Food pursuant to Chapter 4 Title 37 of Utah Code; and

(e) the operator of the short-term fishing event provides the aquaculture facility a signed written statement that the short-term fishing event and aquaculture product received are in compliance with this section.

 

R657-59-4. [ Aquaculture Facility Reporting Requirements. ] Certificate of Registration Required -- Other Fish Stocking Activities.

[(1) A person who owns or operates an aquaculture facility shall file an annual report with the division documenting each sale or transfer of live aquaculture product made pursuant to R657-59-3 and R657-59-7 to a private fish pond owner, lessee, or operator.

(2) The report shall contain]

(1)(a) A certificate of registration must be obtained from the division to receive, possess, stock, or release an aquaculture product or aquatic wildlife in a manner that does not satisfy the certificate of registration waiver requirements identified in R657-59-3.

(b) If a certificate of registration is required, a separate application for each fish stocking request must be submitted, except:

([a) the name, address, and Utah health approval number of the person;

(b) the name, address, and phone number of the private fish pond's owner, lessee, or operator;

(c) the number and weight of aquaculture product by]i) stocking locations are separated by less than 1/2 mile may be placed on a single application; and

(ii) water bodies that drain to, or are modified to drain to, the same drainage may be listed on a single application.

(2) Fish stocked or released in a water body not eligible as a private fish pond or short-term fishing event under R657-59-3 are considered wild aquatic wildlife and may be taken only as provided in Rule R657-13 and the fishing proclamation.

(3) A permanent water body stocked pursuant to a certificate of registration for private stocking may not be screened to contain fish, except:

(a) a water stocked with grass carp to control aquatic weeds must be adequately screened to prevent the grass carp from escaping; and

(b) the division may require screening of the water body to protect wildlife resources found in the water body and any connected waterways.

(4)(a) An application for a certificate of registration for private stocking to stock fish other than grass carp may be approved only if:

(i) [species;]the stocking will only occur on privately owned land;

(ii) [strain; and ]the body of water to be stocked is a reservoir that is wholly contained on the land owned by the applicant;

(iii) [reproductive capability;] the body of water is not stocked or otherwise actively managed by the division;

(iv) the fish to be stocked are for a non-commercial purpose; and

(v) in the opinion of the division, stocking will not interefere with division management objectives or cause detrimental interactions with other species of fish or wildlife.

(5) 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) [date of sale or transfer;] potential for conflict with division management objectives or detrimental interactions with other species of fish or wildlife.

[(e) description of the private fish pond location, including UTM coordinates; and

(f) written verification for each live sale or transfer that the private fish pond was inspected and is in compliance with the requirements of Sections 23-15-10(2) and (3) (c) and this rule.

(3) The report required in this Subsection shall be submitted to and received by the division no later than December 31.]

 

R657-59-5. Application for a Fish Stocking Certificate of Registration [ Required ] ; Application Criteria; Amendment of Certificate of Registration .

[(1) A certificate of registration must be obtained from the division to receive, stock, or possess an aquaculture product in a private fish pond where:

(a) the aquaculture product is classified under R657-59-16 as an unauthorized species, strain, or reproductive capability for the area where the pond is located;

(b) the aquaculture facility does not deliver the aquaculture product directly to the private fish pond, unless the transport of fish by the owner, lessee, or operator of the private pond is allowed without a certificate of registration pursuant to R657-59-3(1)(c)(ii); or

(c) the owner, lessee, or operator of a private fish pond or an invitee is found in violation of any provision of Title 4, Chapter 37 or Title 23 of the Utah Code, or this rule.

(2) A separate certificate of registration is required for each private fish pond as defined under "aquaculture facility" in R657-59-2.

 

R657-59-6. Application for a Certificate of Registration.]

(1) (a) A person may apply to receive a certificate of registration for a [private ]fish [pond]stocking activity by submitting an application with the required handling and inspection fee to the Wildlife Registration Office, Utah Division of Wildlife Resources, 1594 West North Temple, Salt Lake City, Utah 84114.

([a]b) Application forms are available at all division offices and at the division's internet address.

([2) A certificate of registration may be issued after a division representative inspects the private fish pond and confirms that the pond and the aquaculture products requested for stocking in the pond meet all requirements in this rule and Title 23 of the Utah Code.][(3]c) The application may require up to 30 days for processing.

(d) The division may require a site inspection of the stocking location be performed to confirm compliance with the provisions found in this rule.

([4]e) The division may deny [a private fish pond]an application where:

([a]i) the application is incomplete, filled out incorrectly, or submitted without the appropriate fee;

([b) the pond is located on a natural lake, natural flowing stream, or a reservoir constructed on a natural stream channel;

] ii) receiving or stocking the aquaculture product or aquatic wildlife may:

[(c) the pond is not screened consistent with the requirements in R657-59-15;

(d) the source of the aquaculture product is not an authorized aquaculture facility with a health approval number issued pursuant to Section 4-37-501;

(e) the applicant or its agents or invitees have previously violated of any provision of Title 4, Chapter 37 of the Utah Code, Title 23 of the Utah Code, or this rule;

(f) receiving or stocking the aquaculture product in the pond may:]

([i]A) violate any federal, state or local law or any agreement between the state and another party;

([ii]B) negatively impact native wildlife species listed by the division as sensitive or by the federal government as threatened or endangered;

([iii]C) pose an identifiable adverse threat to other wildlife species or their habitat;[or]

[(iv](D) pose an identifiable adverse impact to the division's game fish stocking regimes or wildlife management objectives; or

([g) the aquaculture product received is sufficiently small to be capable of escaping the pond through or around the screen; or

(h]E) non-salmonid aquaculture product will be stocked in a pond within the 100 year flood plain (below 6500 feet in elevation) in the Green River and Colorado River drainages and the pond does not meet FEMA standards on construction and screening[.]; or

(iii) the applicant has violated any provision of Title 23, Utah Wildlife Resources Code, Administrative Code R657, a guidebook of the Wildlife Board, a certificate of registration, an order of the Wildlife Board, or any other law that bears a reasonable relationship to the applicant's ability to responsibly carry out the stocking activity.

([5]2) An application for [private fish pond]a certificate of registration may not be denied without the review and consent of the division director or a designee.

([6]3) A [private fish pond ]certificate of registration [shall]for a fish stocking activity may remain effective for up to 5 years from the date of issuance as identified on the certificate of registration, unless:

(a) amended by the division at the request of [private fish pond owner, lessee, or operator]the certificate of registration holder;

(b) terminated or modified by the division pursuant to R657-59-[17]13; or

(c) suspended by the division or a court pursuant to Section 23-19-9.

[(7) Certificates of registration are renewable on or before the expiration date identified]

(4) An amendment to the certificate of registration is required each time fish are stocked, except a person may request to stock fish more than once if the request is made on the application and the request is approved by the division on the certificate of registration[and upon payment of the prescribed handling, and inspection fees].

 

R657-59-[ 7. Exemption Certificate. ] 6. Acquiring, Importing, and Transferring Aquaculture Products.

(1)[Upon application for a private fish pond certificate of registration and a risk assessment of the pond by the division under R657-59-6, the Division may issue an exemption certificate in lieu of a certificate of registration where the following conditions exist:

] (a) Species of aquaculture products that may be imported into the state are provided in Rule R657-3-23.

[(a) The pond is eligible to receive a certificate of registration under the requirements of this chapter;

(b) The pond and species, strain and reproductive capability of aquaculture product requested present no risk to native aquatic wildlife species because:

(i) the location and configuration of the pond physically eliminate the possibility of aquaculture product escaping into the surface waters of the state;

(ii) the pond has no inflow or outflow connection with the surface waters of the state;

(iii) the pond is located in an area where escapement of aquaculture product will cause no ecological damage to native aquatic wildlife species; or

(iv) the pond is located in an area where no Tier I or II aquatic wildlife species on the division's sensitive species list or threatened or endangered species listed under the Endangered Species Act will be threatened by the risk of escapement; and

(c) the aquaculture product is delivered directly to the pond by the aquaculture facility.

(2) The exemption certificate shall have the legal effect of a certificate of registration for purposes of stocking the pond with the species, strain and reproductive capability of aquaculture product authorized in the exemption certificate.

(3) Aquaculture facilities supplying aquaculture product to private fish ponds operating under an exemption certificate shall comply with:]

(a) the written terms of the exemption certificate; and

(b) the inspection and reporting requirements in R657-59-4.

(4) The exemption certificate will:

(a) designate the species, strain and reproductive capability of aquaculture product that may be stocked in the pond;

(b) identify any restrictions or conditions relative to stocking and maintaining aquaculture product in the pond;

(c) identify the owner, lessee, or operator of the private fish pond; and

(d) describe the private fish pond's location, including UTM coordinates.

(5) The private fish pond exemption certificate shall remain effective, without the requirement of renewal, for the useful life of the pond, provided:

(a) the ownership of the pond does not change;

(b) the pond, screen, and inflow and outflow structures remain in the same state that existed when inspected;

(c) the species, strain, and reproductive capability of aquaculture product stocked and maintained in the pond remains consistent with the that authorized in the exemption certificate; and

(d) the exemption certificate is not modified, terminated, or suspended by the division pursuant to Section 23-19-9, R657-59-1(3), or R657-59-17 or a court of competent jurisdiction.

(6) Any private fish pond operating under authority of an exemption certificate which is modified, terminated, or suspended pursuant to Section 23-19-9, R657-59-1(3), or R657-59-17 shall be subject to the aquaculture product depopulation requirements in R657-59-8.

 

R657-59-8. Failure to Renew Certificates of Registration.

(1) If an owner, lessee, or operator of a private fish pond fails to renew the certificate of registration upon expiration, or the division suspends or terminates the certificate of registration, all live aquaculture products permitted under the certificate of registration shall be disposed of as follows:

(a) Unless the Wildlife Board orders otherwise, all aquaculture products must be removed within 30 days of suspension 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, 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) Aquaculture products in a private fish pond may not be moved alive unless the pond has received disease testing and is issued a health approval number from the Department of Agriculture and Food pursuant to Section 4-37-501.

(3) Aquaculture products from a private fish pond infected with any pathogen specified in the Department of Agriculture Rule R58-17 must be disposed of as directed by the division to prevent further spread of such pathogen.

 

R657-59-9. Reporting Requirements for Private Fish Ponds Authorized by Certificate of Registration.

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

(a) the name, address, and phone number of the private fish pond's owner, lessee, or operator;

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

(c) the number and weight of aquaculture product by:

(i) species;

(ii) strain; and

(iii) reproductive capability;

(d) date of sale or transfer;

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

(3) The annual report must be received by the division no later than January 30.

 

R657-59-10. Importation.

(1)(a) The species, strains, and reproductive capabilities of live aquaculture products that may be imported and stocked in a private fish pond without a certificate of registration are provided in R657-59-16;]

(b) [A certificate of registration or exemption certificate is required to import and stock all species, strains and reproductive capabilities of live aquaculture products not specifically exempted from licensure in R657-59-16.

(2) ]Applications to import aquaculture products are available from all division offices and must be submitted to the division's Wildlife Registration Office in Salt Lake City. [Applications]

(c) Complete applications may require up to 30 days for [action.]processing.

 

[R657-59-11. Acquiring and Transferring Aquaculture Products.]

([1]2) Live aquaculture products, other than ornamental fish, may only be:

(a) purchased or acquired [only ]from sources [that have a valid certificate of registration from]approved by the Utah Department of Agriculture and Food to sell such products[or from a person located outside Utah if that person is approved by the Utah Department of Agriculture and Food to import the particular aquaculture product]; 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 entity since each facility is treated separately, regardless of ownership]Title 4 Chapter 37 of Utah Code.

([2]3)(a) Any person who has been issued a valid aquaculture certificate of registration may transport live aquaculture products as specified on the certificate of registration to [the private fish pond]a stocking location.

(b) All transfers or shipments of live aquaculture products must be accompanied by documentation of the source and destination of the product, 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, if applicable, of the destination[. ]; and

(iv) a copy of the importation permit provided by the Utah Department of Agriculture.

(c)(i) Once stocked in a water body, aquaculture products may not be transferred or relocated live.

(4)(a) To import, transport, or stock live grass carp (Ctenopharyngodon idella), each fish must be verified as being sterile 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 the triploidy verification form must also accompany the fish during transport.

(5)(a) Live 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.

 

R657-59-[ 12. ] 7. Inspection of Records and [ Facilities ] Fish Stocking Locations .

(1) [The following records and information must be maintained for a period of two years]Records of purchase, distribution, and acquisition of aquaculture products and copies of certificates of registration must be kept for the duration of the certificate of registration and must be available for inspection by a division representative during reasonable hours[: ]

[(a) records of purchase and acquisition of aquaculture products, including records maintained in connection with the reporting requirements in R657-59-9;

(b) certificates of registration; and ][(c) valid identification of stocks].

(2) The division and its authorized representatives may inspect a private fish pond [at any time]or other stocking location during reasonable hours to verify compliance with the requirements of Title 23 of the Utah Code and this rule[, and to conduct pathological testing].

(3) Consistent with the provisions of Utah Administrative Code R58-17, the division and its authorized representatives may inspect aquaculture products stocked pursuant to this rule to conduct sterility, pathological, fish culture, or physical investigations during reasonable hours to verify compliance with the requirements of Title 23 of the Utah Code and this rule.

 

R657-59-[ 13. ] 8. Prohibited Activities.

(1[) A private fish pond may not be developed on a natural lake; natural flowing stream; or reservoir constructed on a natural stream channel.

(2]) Live aquatic wildlife may not be collected from the wild and [placed in a private fish pond.]used in stocking activities unless authorized by the Wildlife Board consistent with the requirements in R657-3.

([3) Any]2) A person may not release or transport any live aquaculture product received or held [in a private fish pond may not be released from the pond or transported live to another location]under the provisions of this rule without prior written authorization of the division and the Fish Health Policy Board.

[(4) A private fish pond owner, lessee, or operator may not sell, donate, or transfer from the pond live aquaculture product, including gametes and eggs.]

 

R657-59-[ 14. ] 9. Fishing License and Transportation of Dead Aquaculture Product.

(1) A fishing license is not required to :

(a) take fish from a legally recognized private fish pond[.]or short-term fishing event; or

[(2) A fishing license is not required to transport dead aquaculture product from a private fish pond, provided the person possesses a receipt with the following information:

(a) species and number of fish; ]

(b) [date caught;]

[(c) certificate of registration number or exemption certificate number of the private fish pond, where applicable; and

(d) name, address, and telephone number of the owner, lessee, or operator of the private fish pond.

(3) Any person that has a valid fishing license may]to transport [up to a legal limit of ]dead aquaculture product from a private fish pond [without further documentation]or short-term fishing event.

 

R657-59-[ 15. ] 10. Screen Requirements.

(1)[All](a) Except as provided in Subsection (b), all permanent and intermittant inlets and outlets of a private fish pond [must]shall be screened [as follows ]to prevent the movement of aquatic wildlife into the pond or the escapement of any aquaculture product from the private fish pond into public waters.

(b) Upon request of the private pond owner or lessee, the division may conduct a site analysis and waive screen requirements if it is determined that the waiver of screen requirements will not be detrimental to the wildlife resource.

(c) Any aquaculture product that escapes a private fish pond are considered aquatic wildlife for the purposes of licensing requirements, bag limits, and allowable methods of take.

(2) If a screen is required, the screen must meet the following provisions:

(a) the screen [shall]should be constructed of durable materials that are capable of maintaining integrity in a water and air environment for an extended period of time;

(b) the screen shall have no openings, seams or mesh width greater than the width of the fish being stocked;

(c[) screen construction and placement shall eliminate any movement of aquaculture product into or out of the pond;

(d) screen dimensions shall be based on precluding escapement of the size of the fish being stocked;

(e]) all water entering or leaving the pond, including run off and other high water events, shall flow through a screen consistent with the requirements of this subsection; and

([f]d) the screen shall be maintained and in place at all times while any aquaculture product remains in the pond.

[(2) Ponds with no inlet or outlet to the surface waters of the state are not required to have a screen or device to restrict movement of aquaculture product .]

 

R657-59-[ 16. ] 11. Species[ , Strains, ] and Reproductive Capabilities of Aquaculture Product Authorized by Area for Stocking in Private Fish Ponds [ Without a Certificate of Registration or Exemption Certificate ] and Short-Term Fishing Events .

(1) A certificate of registration[or exemption certificate] must be obtained from the division pursuant to R657-59-[6]4 and R657-59-[7]5 prior to stocking in any private fish pond of:

(a) a non-salmonid aquaculture product; or

(b) any other species or [reproductive capability]sterility of aquaculture product not specifically authorized in this Section.

(2)(a) [The following subsections designate areas closed to stocking aquaculture product in private fish ponds using a general area identifier such canyon, creek, spring, or location and then followed by a specific area identifier in the form of hydrologic unit code (HUC) or township and range.

(b) The general area identifier is included for purposes of reference only and may include all or part of the associated drainage.

(c) The HUC or township and range designations constitute the legal descriptions of the actual closed areas.

(3) Certified sterile salmonid aquaculture product may be stocked without a certificate of registration or exemption certificate in any private fish pond within the state consistent with R657-59-3, except for ponds located within the following areas:]Except as provided in Subsection 4, a certified sterile salmonid aquaculture product may be stocked in any private fish pond or short-term fishing event within the state without a certificate of registration.

([a) Washington County - stocking is prohibited in the following areas:]b) Triploid salmonids accepted as sterile pursuant to this rule shall originate from a source that is certified as incapable of reproduction using the following protocols:

(i) [Ash Creek - HUC 150100080405;]fish samples shall be collected, prepared, and submitted to a certified laboratory by an independent veterinarian, certified fish health professional, or other professional approved by the division or Utah Department of Agriculture;

(ii) [Beaver Dam Wash - HUC 15010010; ]certified laboratories shall be limited to independent, professional laboratories capable of reliably testing fish sterility and approved by the division;

[(iii) Laverkin Creek - HUC 150100080302;]

(iv) [Leeds Creek - HUC 150100080906;]sterility shall be determined by sampling and testing 60 fish from each egg lot using either flow cytometry, particle analysis, or karyotyping; and

(v) [Baker Dam Reservoir/Santa Clara River - HUC 150100080704;]At least 95% of the fish test triploid.

([vi) Tobin Wash - HUC 150100080802;]c) An aquaculture facility that receives certified sterile salmonid aquaculture product is not required to conduct additional sterility testing prior to stocking the aquaculture product, provided the sterile salmonids are kept segregated from other fertile salmonids.

[(vii) Sand Cove Wash - HUC 150100080801;

(viii) Manganese Wash/Santa Clara River - HUC 150100080804;

(ix) Wittwer Canyon/Santa Clara River - HUC 150100080808;

(x) Cove Wash/Santa Clara River - HUC 150100080809;

(xi) Moody Wash - HUC 150100080603;

(xii) Upper Moody Wash - HUC 150100080602;

(xiii) Magotsu Creek - HUC 150100080704;

(xiv) South Ash Creek - HUC 150100080405);

(xv) Water Canyon - HUC 150100080701);

(xvi) Chinatown Wash/Virgin River - HUC 150100080508;

(xvii) Lower Gould Wash - HUC 150100080508;

(xviii) Grapevine Wash/Virgin River - HUC 150100080903;

(xix) Cottonwood Wash/Virgin River - HUC 150100080909;

(xx) Middleton Wash/Virgin River - HUC 150100080910;

(xxi) Lower Fort Pierce Wash - HUC 150100080605;

(xxii) Atkinville Wash - HUC 150100080303;

(xxiii) Lizard Wash - HUC 150100080302;

(xxiv) Val Wash/Virgin River - HUC 150100080307;

(xxv) Bulldog Canyon - HUC 150100080310; and

(xxvi) Fort Pierce Wash - HUC 15010009.]

(d) Hybrid salmonid fish species accepted as sterile under this subsection are limited to splake trout (lake trout/brook trout cross) and tiger trout (brown trout/brook trout cross).

( 3) Fertile rainbow trout may be stocked without a certificate of registration [or exemption certificate ]in any private fish pond or short-term fishing event within the state consistent with R657-59-3, except for [ponds]waters located within the following[areas and elevations:]drainages designated by County and hydrologic unit code (HUC) or township and range:

Beaver County[- stocking is prohibited in the following]:

(i) North Creek drainage - HUCs 160300070203, 160300070208; and

(ii) Pine Creek drainage (near Sulphurdale) - HUC 160300070501.

(b) Box Elder County - stocking is prohibited in the following:

(i) Morison Creek drainage - HUC 16020308;

(ii) Bettridge Creek drainage - HUC 16020308;

(iii) Death Creek drainage - HUC 16020308;

(iv) Camp Creek drainage - HUC 16020308;

(v) Goose Creek drainage - HUC 17040211;

(vi) Raft River drainage - HUC 17040210;

(vii) Fat Whorled Pond Snail Springs - Township 10 North, Ranges 4 and 5 West; and

[(viii) Mantua Reservoir - HUC 16010204.]

(c) Cache County[- stocking is prohibited in the following]:

(i) Logan River drainage - HUC 16010203;

(ii) Blacksmith [Fork]ForkRiver drainage - HUC 16010203;

(iii) East Fork Little Bear River drainage- HUC 16010203; and

(iv) Little Bear River drainage - HUC 16010203.

(d) Carbon County[- stocking is prohibited in any private fish pond]:

(i) waters above 7000 feet in elevation.

(e) Daggett County[- stocking is prohibited in any private fish pond]:

(i) waters above 7000 feet in elevation.

(f) [Davis County - no areas closed to stocking fertile rainbow trout.

(g) ]Duchesne County[- stocking is prohibited in any private fish pond]:

(i) waters above 7000 feet in elevation.

([h]g) Emery County[- stocking is prohibited in any private fish pond]:

(i) waters above 7000 feet in elevation.

(i) Garfield County[- stocking is prohibited in the following areas]:

(i) Birch Creek/Main Canyon drainage - HUC 140700050102;

(ii) Center Creek drainage (tributary to East Fork Sevier R) HUC 160300020412;

(iii) Cottonwood Creek drainage - HUC 160300020406;

(iv) East Fork of Boulder Creek/ West Fork Boulder Creek drainage - HUC 140700050206; and

(v) Ranch Creek drainage (East Fork Sevier River drainage) - HUC 160300020405.

([j]h) Grand County[- stocking is prohibited in any private fish pond]:

(i) waters above 7000 feet in elevation.

([k]i) [Iron]Juab County[- no areas closed to stocking fertile rainbow trout. ]:

[(l) Juab County - stocking is prohibited in the following areas:]

(i) Sulphur Wash drainage - HUC 160203011303;

(ii) Middle Pleasant Valley Draw drainage - HUC 160203011402;

(iii) Lower Pleasant Valley Draw drainage - HUC 160203011403;

(iv) Cookscomb Ridge drainage - HUC 160203011501;

(v) Outlet Salt Marsh Lake drainage - HUC 160203011502;

(vi) Deep Creek Range drainage - HUC 160203011503;

(vii) Snake Valley drainage - HUC 160203011504;

(viii) Little Red Cedar Wash drainage - HUC 160203011505;

(ix) Trout Creek drainage - HUC 160203060101;

(x) Smelter Knolls drainage - HUC 160203060104;

(xi) Toms Creek drainage - HUC 160203060201;

(xii) Goshute Canyon drainage - HUC 160203060202;

(xiii) Indian Farm Creek drainage - HUC 160203060204;

(xiv) Spring Creek drainage - HUC 160203060803;

(xv) Fifteenmile Creek drainage - HUC 160203060804;

(xvi) East Creek/East Deep Creek drainage - HUC 160203060805;

(xvii) East Creek/East Deep Creek drainage - HUC 160203060806;

(xviii) West Deep Creek drainage - HUC 160203060808;

(xix) Horse Valley drainage - HUC 160203060304;

(xx) Starvation Canyon drainage - HUC 160203060305;

(xxi) Cane Springs drainage - HUC 160203060307;

(xxii) Fish Springs Range drainage - HUC 160203060308;

(xxiii) Middle Fish Springs Wash drainage - HUC 160203060309;

(xxiv) Lower Fish Springs Wash drainage - HUC 160203060403;

(xxv) Fish Springs drainage - HUC 160203060405;

(xxvi) Wilson Health Springs drainage - HUC 160203060407;

(xxvii) Vernon Creek drainage - HUC 160203040102;

(xxviii) Outlet Chicken Creek drainage - HUC 160300050206;

(xxix) Little Valley/Sevier River drainage - HUC 160300050403;

(xxx) Pole Creek/Salt Creek drainage - HUC 160202010104; and

(xxxi) West Creek/Current Creek drainage - HUC160202010107.

([m) Kane County - no areas closed to stocking fertile rainbow trout.

(n]j) Millard County[- stocking is prohibited in the following areas:]

(i) Outlet Salt Marsh Lake drainage - HUC 160203011502;

(ii) Sulphur Wash drainage - HUC160203011303;

(iii) Cockscomb Ridge drainage - HUC 160203011501;

(iv) Tungstonia Wash drainage - HUC 160203011302;

(v) Salt Marsh Lake - HUC 160203011304;

(vi) Indian George Wash drainage - HUC 160203011301

(vii) Outlet Bishop Springs drainage - HUC 160203011203;

(viii) Warm Creek drainage - HUC 160203011204;

(ix) Headwaters Bishop Springs drainage - HUC 160203011202;

(x) Indian Pass - HUC 160203011107;

(xi) Chevron Ridge drainage - HUC 160203011110;

(xii) Petes Knoll drainage - HUC 160203011109;

(xiii) Red Gulch drainage - HUC 160203011102;

(xiv) Horse Canyon drainage - HUC 160203011106;

(xv) Hampton Creek drainage - HUC 160203011105;

(xvi) Knoll Springs drainage - HUC 160203011103;

(xvii) Browns Wash drainage - HUC 160203011101;

(xviii) Outlet Baker Creek drainage - HUC 160203011004;

(xix) Outlet Old Mans Canyon drainage - HUC 160203011003;

(xx) Hendrys Creek drainage - HUC 160203011104;

(xxi) Headwaters Old Mans Canyon drainage - HUC 160203011002;

(xxii) Rock Canyon drainage - HUC 160203011001

(xxiii) Silver Creek drainage - Baker Creek drainage - HUC 160203010806;

(xxiv) Outlet Weaver Creek drainage - HUC 160203010804;

(xxv) Conger Spring drainage - HUC 160203010702; and

(xxvi) Sheepmens Little Valley drainage - HUC 160203010607.

([o]k) Morgan County[- stocking is prohibited in the following areas]:

(i) Weber River drainage - HUC 16020102;

(ii) East Canyon Creek drainage - HUC 16020102; and

(iii) Lost Creek drainage - HUC 16020101.

([p]l) Piute County[- stocking is prohibited in the following areas]:

(i) Birch Creek drainage HUC 160300010603;

(ii) Clear Creek drainage HUC 1603000301;

(iii) Manning Creek drainage - HUC 160300030203;

(iv) Tenmile Creek drainage HUC 160300030204.

([q]m) Rich County[- stocking is prohibited in the following areas]:

(i) Bear Lake [including all its tributaries]drainage - HUC 16010201;

(ii) Big Creek drainage - HUC 16010101;

(iii) Birch Creek drainage from Birch Creek Reservoir , upstream[and tributaries] HUC 16010101;

(iv) Little Creek drainage from Little Creek Reservoir , upstream [and tributaries ]HUC 16010101;

(v) Otter Creek [and its tributaries]drainage-- HUC 16010101;

(vi) Woodruff Creek drainage - HUC 16010101; and

(vii) Home Canyon and Meachum Canyon (Deseret Ranch) drainage - HUC 16010101.

([r]n) Salt Lake County[- stocking is prohibited in the following areas]:

(i) Big Cottonwood Canyon Creek drainage - HUC 160202040201;

(ii) Little Cottonwood Canyon Creek drainage - HUC 160202040202;

(iii) Mill Creek drainage - HUC 160202040301;

(iv) Parleys Creek drainage - HUC 160202040302;

(v) Emigration Creek drainage - HUC 160202040303;

(vi) City Creek drainage - HUC 160202040304; and

(vii) Red Butte Creek/Emigration Creek drainage - HUC 160202040306.

([s]o) San Juan County[- stocking is prohibited in any private fish pond]:

(i) waters above 7000 feet in elevation.

([t]p) Sanpete County:

(i) [stocking is prohibited in the following areas]Areas west of the Manti Mountain Range divide:

(A) Dry Creek/San Pitch River drainage - HUC 160300040201;

(B) Oak Creek/San Pitch River drainage - HUC 160300040202;

(C) Cottonwood Canyon/San Pitch River drainage - HUC 160300040203;

(D) Birch Creek/San Pitch River drainage - HUC 160300040204;

(E) Pleasant Creek drainage - HUC 160300040205;

(F) Dublin Wash/San Pitch River drainage - HUC 160300040206;

(G) Cedar Creek drainage - HUC 160300040207;

(H) Spring Hollow/San Pitch River drainage - HUC 160300040208;

(I) Upper Oak Creek drainage - HUC 160300040302;

(J) Petes Canyon/San Pitch River drainage - HUC 160300040306;

(K) Uinta Gulch drainage - HUC 160202020201;

(L) Upper Thistle Creek drainage - HUC 160202020202;

(M) Nebo Creek drainage - HUC 160202020203;

(N) Middle Thistle Creek drainage - HUC 160202020204;

(O) Dry Canyon/San Pitch River drainage - HUC 160300040308;

(P) Maple Canyon/San Pitch River drainage - HUC 160300040309;

(Q) Gunnison Reservoir/San Pitch River drainage - HUC 160300040503;

(R) Outlet San Pitch River drainage - HUC 160300040505;

(S) Beaver Creek drainage - HUC 140700020201;

(T) Box Canyon/Muddy Creek drainage - HUC 140700020203;

(U) Skumpah Creek-Salina Creek drainage - HUC 160300030402; and

(V) Headwaters Twelvemile Creek drainage - HUC 160300040402.

(ii) [stocking is prohibited in any private fish pond]Waters above 7000 feet in elevation east of the Manti Mountain Range divided.

([u]q) Sevier County[- stocking is prohibited in the following areas]:

(i) Clear Creek drainage HUC 1603000301;

(ii) Salina Creek drainage - HUC 160300030402; and

(iii) U M Creek drainage - HUC 140700030101.

([v]r) Summit County[- stocking is prohibited in the following areas]:

(i) Bear River [and all tributaries]drainage drainage - HUC 16010101;

(ii) Mill Creek [and all tributaries]drainage - HUC 16010101;

(iii) Muddy Creek and Van Tassel Creek drainage - HUC 14040108;

(iv) Little West Fork/Blacks Fork drainage - HUC 14040107;

(v) [Black]Blacks Fork drainage - HUC 14040107;

(vi) Archie Creek drainage - HUC 14040107;

(vii) West Fork Smiths Fork drainage - HUC 14040107;

(viii) Gilbert Creek drainage - HUC 14040107;

(ix) East Fork Smiths Fork drainage - HUC 14040107;

(x) [Dahalgreen]Dahlgreen Creek drainage - HUC 14040106;

(xi) Henrys Fork drainage - HUC 14040106;

(xii) Spring Creek and Poison Creek drainage - HUC 14040106;

(xiii) West Fork Beaver Creek drainage - HUC 14040106;

(xiv) Middle Fork Beaver Creek drainage - HUC 14040106;

(xv) Echo Creek drainage - HUC 16020101;

(xvi) Chalk Creek drainage - HUC 16020101;

(xvii) Silver Creek drainage - HUC 16020101;

(xviii) Weber River drainage - HUC 16020101;

(xix) Beaver Creek drainage - HUC 16020101;

(xx) Provo River drainage - HUC 16020101;

(xxi) Kimball Creek drainage - HUC 160201020101;

(xxii) Big Dutch Hollow/East Canyon Creek drainage - HUC 160201020103; and

(xxiii[) Silver Creek - HUC 160201010403; and

(xxiv]) Toll Canyon/East Canyon Creek drainage - HUC 160201020102.

(w) Tooele County[- stocking is prohibited in the following areas]:

(i) Toms Creek drainage - HUC 160203060201;

(ii) Goshute Canyon drainage - HUC 160203060202;

(iii) Eightmile Wash drainage - HUC 160203060203;

(iv) Indian Farm Creek drainage - HUC 160203060204;

(v) Willow Spring Wash drainage HUC 160203060205;

(vi) Willow Canyon drainage - HUC 160203080104;

(vii) Bettridge Creek drainage - HUC 160203080106;

(viii) East Creek/East Deep Creek drainage - HUC 160203060806;

(ix) East Deep Creek drainage - HUC 160203060807;

(x) West Deep Creek drainage - HUC 160203060808;

(xi) Gullmette Gulch/Deep Creek drainage - HUC 160203060902;

(xii) Pony Express Canyon/Deep Creek drainage - HUC 160203060904;

(xiii) Badlands drainage - HUC 160203060905;

(xiv) White Sage Flat/Deep Creek drainage - HUC 160203060907;

(xv) Lower Fish Springs Wash drainage - HUC 160203060403;

(xvi) Fish Springs drainage - HUC 160203060405;

(xvii) Wilson Health Springs drainage - HUC 160203060407;

(xviii) East Government Creek drainage - HUC 160203040101;

(xix) Vernon Creek drainage - HUC 160203040102; and

(xx) Faust Creek drainage - HUC 160203040105.

([x]s) Uintah County[- stocking is prohibited in any private fish pond]:

(i) waters above 7000 feet in elevation.

([y]t) Utah County[- stocking is prohibited in the following areas]:

(i) Starvation Creek drainage - HUC 160202020101;

(ii) Upper Soldier Creek drainage - HUC 160202020102;

(iii) Tie Fork drainage - HUC 160202020103;

(iv) Middle Soldier Creek drainage - HUC 160202020105;

(v) Lake Fork drainage - HUC 160202020106;

(vi) Lower Soldier Creek drainage - HUC 160202020107;

(vii) Upper Thistle Creek drainage - HUC 160202020202;

(viii) Nebo Creek drainage - HUC 160202020203;

(ix) Middle Thistle Creek drainage - HUC 160202020204;

(x) Lower Thistle Creek drainage - HUC 160202020205;

(xi) Sixth Water Creek drainage - HUC 160202020301;

(xii) Cottonwood Canyon drainage - HUC 160202020302;

(xiii) Fifth Water Creek drainage - HUC160202020303;

(xiv) Upper Diamond drainage Fork - HUC 160202020304;

(xv) Wanrhodes Canyon drainage - HUC 160202020305;

(xvi) Middle Diamond Fork drainage - HUC 160202020306;

(xvii) Lower Diamond Fork drainage - HUC 160202020307;

(xviii) Headwaters Left Fork Hobble Creek drainage - HUC 160202020401;

(xix) Headwaters Right Fork Hobble Creek drainage - HUC 160202020402;

(xx) Outlet Left Fork Hobble Creek drainage - HUC 160202020403;

(xxi) Outlet Right Fork Hobble Creek drainage - HUC 160202020404;

(xxii) Upper Spanish Fork Creek drainage - HUC 160202020501;

(xxiii) Middle Spanish Fork Creek drainage - HUC 160202020502;

(xxiv) Peteetneet Creek drainage - HUC 160202020601;

(xxv) Spring Creek drainage - HUC 160202020602;

(xxvi) Beer Creek drainage - HUC 160202020603;

(xxvii) Big Spring Hollow/South Fork Provo River drainage - HUC 160202030502;

(xxviii) Pole Creek/Salt Creek drainage - HUC 160202010104;

(xxix) Middle American Fork Canyon drainage - HUC 160202010802;

(xxx) Mill Fork drainage - HUC 160202020104; and

(xxxi) Upper American Fork Canyon drainage - HUC 160202010801.

([z]u) Wasatch County[- stocking is prohibited in the following areas]:

(i) Willow Creek/Strawberry River drainage - HUC 140600040101;

(ii) Clyde Creek/Strawberry River drainage - HUC 140600040102;

(iii) Indian Creek drainage - HUC140600040104;

(iv) Trout Creek/Strawberry River drainage - HUC 140600040105;

(v) Soldier Creek/Strawberry River drainage - HUC 140600040106;

(vi) Willow Creek drainage - HUC 140600040301;

(vii) Current Creek Reservoir drainage - HUC 140600040401;

(viii) Little Red Creek drainage - HUC 140600040402;

(ix) Outlet Current Creek drainage - HUC 140600040403;

(x) Water Hollow/Current Creek drainage - HUC 140600040404;

(xi) Headwaters West Fork Duchesne River drainage - HUC 140600030101;

(xii) Little South Fork Provo River drainage - HUC 160202030201;

(xiii) Bench Creek/Provo River drainage - HUC160202030202;

(xiv) Lady Long Hollow/Provo River drainage - HUC 160202030203;

(xv) Charcoal Canyon/Provo River drainage - HUC 160202030204;

(xvi) Drain Tunnel Creek drainage - HUC 160202030301;

(xvii) Lake Creek drainage - HUC 160202030302;

(xviii) Center Creek drainage - HUC 160202030303;

(xix) Cottonwood Canyon/Provo River drainage - HUC 160202030304;

(xx) Snake Creek drainage - HUC 160202030305;

(xxi) Spring Creek/Provo River drainage - HUC 160202030306;

(xxii) Daniels Creek drainage - HUC 160202030401;

(xxiii) Upper Main Creek drainage - HUC 160202030403;

(xxiv) Lower Main Creek drainage - HUC 160202030404;

(xxv) Deer Creek Reservoir-Provo River drainage - HUC160202030405;

(xxvi) Provo Deer Creek drainage - HUC 160202030501;

(xxvii) Little Hobble Creek drainage - HUC 160202030402;

(xxviii) Mill Hollow/South Fork Provo River drainage - HUC 160202030104; and

(xxix) Mud Creek drainage - HUC 140600040103.

([aa]v) Washington County[- stocking is prohibited in the following areas]:

(i) Ash Creek drainage - HUC 150100080405;

(ii) Beaver Dam Wash drainage - HUC 15010010;

(iii) Laverkin Creek drainage - HUC 150100080302;

(iv) Leeds Creek drainage - HUC 150100080906;

(v) Baker Dam Reservoir/Santa Clara River drainage - HUC 150100080704;

(vi) Tobin Wash drainage - HUC 150100080802;

(vii) Sand Cove Wash drainage - HUC 150100080801;

(viii) Manganese Wash/Santa Clara River drainage - HUC 150100080804;

(ix) Wittwer Canyon/Santa Clara River drainage - HUC 150100080808;

(x) Cove Wash/Santa Clara River drainage - HUC 150100080809;

(xi) Moody Wash drainage - HUC 150100080603;

(xii) Upper Moody Wash drainage - HUC 150100080602;

(xiii) Magotsu Creek drainage - HUC 150100080704;

(xiv) South Ash Creek drainage - HUC 150100080405);

(xv) Water Canyon drainage - HUC 150100080701);

(xvi) Chinatown Wash/Virgin River drainage - HUC 150100080508;

(xvii) Lower Gould Wash drainage - HUC 150100080508;

(xviii) Grapevine Wash/Virgin River drainage - HUC 150100080903;

(xix) Cottonwood Wash/Virgin River drainage - HUC 150100080909;

(xx) Middleton Wash/Virgin River drainage - HUC 150100080910;

(xxi) Lower Fort Pierce Wash drainage - HUC 150100080605;

(xxii) Atkinville Wash drainage - HUC 150100080303;

(xxiii) Lizard Wash drainage - HUC 150100080302;

(xxiv) Val Wash/Virgin River drainage - HUC 150100080307;

(xxv) Bulldog Canyon drainage - HUC 150100080310; and

(xxvi) Fort Pierce Wash drainage - HUC 15010009.

([bb) Wayne County - no areas closed to stocking fertile rainbow trout.

(cc]w) Weber County[- stocking is prohibited in the following areas:]

(i) North Fork Ogden River drainage - HUC 16020102;

(ii) Middle Fork Ogden River [and Gertsen Creek]drainage - HUC 16020102; and

(iii) South Fork Ogden River [and Gertsen Creek ]drainage- HUC 16020102.

(4) Brown trout and brown trout hybrids may not be stocked within Washington County.

 

R657-59- [ 17. Division Authority to Restrict Private Fish Ponds. ] 12. Institutional Aquaculture.

[(1)(a) Stocking and maintaining aquaculture products in private fish ponds pursuant to this rule is a conditional privilege that is subject to unilateral modification or termination by the division or other competent legal authority.

(b) Those who establish and maintain private fish ponds under this rule do so with the understanding that the laws and regulations governing private fish ponds are subject to change and that such changes may require:

(i) discontinuation of stocking particular species, strains, or reproductive capabilities of aquaculture product in the pond;

(ii) partial or complete depopulation of the aquaculture product in the pond;

(iii) modifications in screen requirements and other structural elements associated with the pond; or

(iv) new restrictions and requirements in connection with operating the pond and maintaining the aquaculture product within it.

(2) The division may unilaterally restrict a private fish pond operating with or without a]

(1) A certificate of registration [or exemption certificate from receiving or possessing particular species, strains and reproductive capabilities of aquaculture product previously authorized when stocking or continued possession of the product in the pond:]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 Title 4 Chapter 37 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 by submitting an application prior to the expiration date of the current certificate of registration.

(c) The application may require up to 30 days for processing.

(d) The division may require a site inspection of the institutional aquaculture facility be performed to confirm compliance with the provisions found in this rule.

(e) The division may deny an application where:

([a) violates]i) the application is incomplete, filled out incorrectly, or submitted without the appropriate fee;

(ii) operating the institutional aquaculture facility may violate any federal, state or local law or any agreement between the state and another party;

([b) negatively impacts native wildlife species listed by the division as sensitive or by the federal government as threatened or endangered;]iii) the application fails to demonstrate an ability to operate the aquaculture facility in a manner that protects Utah's wildlife, their habitats, and other aquaculture facilities from contamination; or

[(c) poses an identifiable adverse threat to other wildlife species or their habitat; or

(d) poses an identifiable adverse impact to the division's game fish stocking regimes or wildlife management objectives.

(3) Any costs or losses incurred as the result of future modifications to this rule or the operational status of a private fish pond made pursuant to this section, including terminations and depopulations, shall be borne exclusively by the owner, lessee or operator of the private fish pond.]

(iv) the applicant has violated any provision of Title 23, Utah Wildlife Resources Code, Administrative Code R657, a guidebook of the Wildlife Board, a certificate of registration, an order of the Wildlife Board, or any other law that bears a reasonable relationship to the applicant's ability to responsibly operate an institutional aquaculture facility.

(5) An application for a certificate of registration may not be denied without the review and consent of the division director or a designee.

(6) A certificate of registration for a institutional aquaculture may remain effective for up to 5 years from the date of issuance as identified on the certificate of registration, unless:

(a) amended by the division at the request of the certificate of registration holder;

(b) terminated or modified by the division pursuant to R657-59-13; or

(c) suspended by the division or a court pursuant to Section 23-19-9.

 

R657-59-13. Expiration and Termination of Certificates of Registration.

(1) If a certificate of registration expires or the division suspends or terminates the certificate of registration, all live aquaculture products permitted under the certificate of registration shall be disposed of as follows:

(a) Unless the Wildlife Board orders otherwise, all aquaculture products or aquatic wildlife must be removed within 30 days of suspension 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, aquaculture products and aquatic wildlife may remain in the waters at the facility, but shall only be taken as prescribed within Rule R657-13 for Taking Fish and Crayfish.

 

KEY: wildlife, aquaculture, fish

Date of Enactment or Last Substantive Amendment: [March 16, 2015]2017

Notice of Continuation: August 5, 2013

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

---