R657-59-12. 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 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:

  (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;

  (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

  (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.