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

  (1)(a) A person may apply to receive a certificate of registration for a fish 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.

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

  (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.

  (e) The division may deny an application where:

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

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

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

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

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

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

  (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.

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

  (3) A certificate of registration 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 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.

  (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.