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:

  (a) the private fish pond satisfies the screening requirements established in R657-59-10;

  (b) 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;

  (d) the aquaculture product is:

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

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

  (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 private fish pond;

  (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 Chapter 4 Title 37 of Utah Code; and

  (f) 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.

  (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.