Administrative rule R657-59a

Private fish ponds

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R657-59a-1. Purpose and Authority.

(1) Under the authority of Sections 23A-9-305 and 23A-9-202, this rule provides the standards and procedures for private fish ponds.

(2) Fee fishing facility and private aquaculture facility licensing is regulated by the Utah Department of Agriculture and Food under Title 4, Utah Agricultural Code, Chapter 37, Aquaculture Act, and Rule R58-17.

(3) A person operating a private fish pond must also comply with all requirements established by Title 4, the Utah Agricultural Code and all rules promulgated by the Utah Department of Agriculture and Food, including:

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

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

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

R657-59a-2. Definitions.

(1) "Aquaculture" means the husbandry, production, harvest, and use of aquatic organisms under controlled, artificial conditions.

(2) "Aquaculture facility" means any facility used for the husbandry, production, harvest, and use of aquatic organisms under controlled, artificial conditions that holds a valid aquaculture facility license from the Utah Department of Agriculture and Food.

(3)(a) "Aquaculture product" means privately purchased, domestically produced aquatic organisms, or their gametes.

(b) "Aquaculture product" does not mean aquatic wildlife obtained from the wild, aquatic wildlife produced by the state or federally owned aquaculture facilities, or ornamental aquatic animal species.

(4) "Aquaponics facility" means a facility that combines fish and plant culture for a noncommercial purpose where:

(a) all water flowing into or through the facility is completely isolated from any other water source via a self-contained water transport system;

(b) all water and waste flowing from the facility is discharged into a permitted sewer or septic system;

(c) the aquatic animals held within the facility are used for noncommercial purposes only;

(d) no aquatic animals or their gametes are transported from the facility alive; and

(e) the primary use of the facility is for food production and not for the general display of fish in aquaria.

(5) "Aquatic wildlife" for the purposes of this chapter means:

(a) fish, mollusk, or crustacean species that are spawned and hatched in public waters, state or federal aquaculture facilities, and;

(b) fish, mollusk, or crustacean species that escape a private fish pond into a public water.

(6) "Certified sterile aquaculture product" means any fish or gamete that originates from a health certified source, as described in Title 4, Utah Agricultural Code, Chapter 37, Aquaculture Act and is incapable of reproduction due to triploidy or hybridization, and is confirmed as sterile using the protocol described in Sections R657-59-7 and R657-59a-5.

(7) "Division" means the Utah Division of Wildlife Resources.

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

(9) "HUC" or "Hydrologic Unit Code" means a cataloging system developed by the U.S. Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.

(10) "Institutional aquaculture" means aquaculture engaged in by a school, college, university, or other educational program, or public agency other than the division.

(11) "Lake" means a naturally formed, perennial or intermittent, non-flowing waterbody that collects and keeps water in quantity for use.

(12) "Lot" means fish of the same species that are subject to a health inspection under the Aquatic Animal Health Inspection Policy in Subsection R58-17-2 (26), which establishes guidelines for lot designation for salmonid and non-salmonid fish.

(13) "Natural stream channel" means a body of water that maintains continuous, seasonal or potential flow, as determined by the division.

(14)(a) "Ornamental aquatic animal species" means any species of fish, mollusk, or crustacean that is cultured for display and then sold in the United States' aquarium industry for display.

(b) "Ornamental aquatic animal species" does not include:

(i) fresh water;

(A) sport fish - aquatic animal species regulated for angling or harvest for recreation or sport;

(B) baitfish - aquatic animal species authorized for use as bait in Section R657-13-12, or any other species used by anglers as bait in sporting fishing;

(C) food fish - aquatic animal species cultured or harvested from the wild for human consumption; or

(D) native species; or

(ii) aquatic animals and marine aquatic animals prohibited for importation or possession by any state, federal, or local law; or

(iii) aquatic animals and marine aquatic animals listed as prohibited or controlled in Sections R657-3-22 and R657-3-23.

(15) "Private fish pond" means a standing 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

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

(16) "Purchase" means to buy, or otherwise acquire or obtain through barter, exchange, or trade for monetary consideration or advantage.

(17) "Reservoir" means an artificially constructed, non-flowing waterbody that is used to collect and keep water in quantity for use built by damming a natural stream channel.

(18) "Salmonid" means any fish belonging to the trout or salmon family.

(19) "Short-term fishing event" means an event where:

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

(b) for the purposes of providing a recreational opportunity; and

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

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

R657-59a-3. Aquaculture Facility Requirements

(1) An aquaculture facility that possesses a valid license from the Utah Department of Agriculture and Food may stock aquatic wildlife into private fish ponds in Utah, provided:

(a)(i) The purchaser of the aquatic wildlife possesses a valid private fish pond certificate of registration as issued by the division; or

(ii) the species being stocked meets the criteria where a certificate of registration is not required as described in Section R657-59a-5;

(b) Any triploid aquaculture product that are stocked originate from a lot that has been tested and meet the requirements specified in Subsection R657-59a-9 (3); and

(c) The aquaculture facility provides the purchaser of any triploid fish a copy of the letter issued by the division certifying that the stocked fish originate from a lot that meets the requirements specified in Subsection R657-59a-9 (3).

(2) The division may collect aquatic wildlife from private fish ponds to verify that the species and ploidy meet the requirements of this rule.

(3)(i) It is unlawful for an aquaculture facility to release aquatic wildlife that violates the terms of Rule R657-59a or other rules established under Title 23A, the Wildlife Resources Code of Utah, and the Wildlife Board.

(ii) Violation of this rule may result in a violation of Sections 23A-5-305 and 4-37-601.

R657-59a-4. Certificate of Registration Not Required.

(1) A certificate of registration is not required to receive and stock an aquaculture product in a private fish pond, provided:

(a) the pond is not a natural lake, natural flowing stream, or reservoir constructed on a natural flowing stream;

(b) the private fish pond satisfies the screening requirements established in Section R657-59a-7;

(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 Section R657-59a-9;

(d) the aquaculture product is:

(i) delivered to the private fish pond by a licensed aquaculture facility as defined in Title 4, Utah Agricultural Code, Chapter 37, Aquaculture Act; or

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

(A) possesses documentation from the aquaculture facility verifying the information itemized in Subsection R657-59a-6(4)(b) 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 private fish 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 Title 4, Utah Agricultural Code, Chapter 37, Aquaculture Act; 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 required to receive and stock an aquaculture product in a private fish pond when the criteria described in Subsection (1) are not met.

R657-59a-5. Certified Sterile Aquaculture Product.

(1) For the purposes of this rule, the following hybrid fish species are considered certified sterile aquaculture product:

(a) Splake;

(b) Tiger Muskellunge;

(c) Tiger Trout; and

(d) Wiper.

(2) Triloid grass carp is considered a certified sterile aquaculture product if documentation is submitted by an aquaculture facility to the division that demonstrates that each fish is tested individually and meets the standards of the U.S. Fish and Wildlife Service National Triploid Grass Carp Inspection and Certification Program. In addition, the same documentation must be provided by the aquaculture facility to customers who purchase triploid grass carp.

(3) All other species not specified in Subsections R657-59a-5 (1) and (2) may be considered certified sterile aquaculture product if they are triploid and the following procedures are followed:

(a) fish samples from each lot of triploid fish at an aquaculture facility are 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 and Food;

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

(c) sterility shall be determined by sampling and testing 60 fish from each lot using either flow cytometry, particle analysis, or karyotyping;

(d) at least 95% of the fish test triploid; and

(e) the professional laboratory submitted the testing results directly to the division and the division issued the aquaculture facility a letter verifying that the lot meets the criteria established in Subsections R657-59a-5-(3)(a) through (d). A copy of this letter must be provided to all customers who purchase triploid fish.

(4) An aquaculture facility that receives certified sterile aquaculture product from another aquaculture facility is not required to conduct additional sterility testing before stocking the aquaculture product, provided the division is given documentation demonstrating that the fish meet the requirements of Subsection R657-59a-5 (3) and the sterile fish are kept segregated from other fertile fish.

R657-59a-6. Acquiring, Importing, and Transferring Aquaculture Products

(1)(a) Species of aquaculture products that may be imported into the state are provided in Section R657-3c-5.

(b) 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.

(c) Complete applications may require up to 30 days for processing after submission.

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

(a) purchased or acquired from sources approved by the Utah Department of Agriculture and Food to sell such products; and

(b) acquired, purchased or transferred from sources which have been health approved by the Utah Department of Agriculture and Food and assigned a number as provided in Title 4, Utah Agricultural Code, Chapter 37, Aquaculture Act.

(3) Triploid fish may only be acquired, purchased, or transferred from lots that have been certified triploid by the division.

(4)(a) Any person who has been issued a valid aquaculture license from the Utah Department of Agriculture and Food may transport live aquaculture products as specified on the certificate of registration to 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;

(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 and Food.

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

(5)(a) To import, transport, or stock live grass carp (Ctenopharyngodon idella), each fish must be verified as being 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 before importation.

(c) A copy of the triploidy verification form must also accompany the fish during transport.

(6)(a) Live aquaculture products may be shipped through Utah without a certificate of registration, provided that:

(i) aquaculture products are not sold or transferred;

(ii) aquaculture products remain in the original container;

(iii) 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.

R657-59a-7. Inspection of Records and Private Fish Ponds.

(1) Records of purchase, distribution, and acquisition of aquaculture products and copies of certificates of registration must be kept during the certificate of registration and must be available for inspection by a division representative during reasonable hours.

(2) The division and its authorized representatives may inspect a private fish pond or other stocking location during reasonable hours to verify compliance with the requirements of Title 23A, the Wildlife Resources Code of Utah and this rule.

R657–59a–8. Pond Screening Requirements.

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

(b) Upon request of the owner or lessee, the division may conduct a site analysis and waive screen requirements if the division determines waiving screen requirements will not be detrimental to the wildlife resource.

(c) Any aquaculture product that escapes a private fish pond is considered aquatic wildlife and is subject to the licensing requirements, bag limits, and allowable methods of take described in the current Utah Fishing Guidebook issued by the Utah Wildlife Board.

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

(a) the screen should be constructed of durable materials that are capable of maintaining integrity when exposed to water and air for an extended period;

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

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

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

R657–59a–9. Species and Reproductive Capabilities of Aquaculture Product Authorized by Area for Stocking in Private Fish Ponds

(1) Aquaculture product may be stocked into a private fish pond without a certificate of registration provided the pond stocked with aquaculture product is outside the 100 year floodplain of the Colorado River and its tributaries; and the aquaculture product stocked belongs to one of the following species:

(a) In all drainages except the Virgin River drainage:

(b) any species defined as certified sterile aquaculture product as established in Subsection R657-59a-5 (1); and

(c) triploid individuals from the following species, provided the stocked aquaculture product is from a lot that meets the requirements specified in Subsection R657-59a-5 (3):

(i) Bluegill;

(ii) Black Crappie;

(iii) Yellow Perch;

(iv) Brook Trout;

(v) Brown Trout;

(vi) Lake Trout; and

(vii) Rainbow Trout.

(1) In the Virgin River Drainage, only Triploid Rainbow Trout may be stocked without a certificate of registration.

(2) Fertile rainbow trout and brown trout may be stocked into all waters without a certificate of registration except those identified in a table entitled Table 59-1, dated August 14, 2023 is incorporated by reference. Table 59-1 can be accessed in person or by contacting the Salt Lake division office located at 1594 West North Temple, Salt Lake City, Utah 84114, and on the division's Certificates of Registration webpage at https://wildlife.utah.gov/licenses/certificates-of-registration.html, copy currently available at: https://docs.google.com/document/d/16KMRMSp5pZnvZforuCdWwzF9tRdiEObqFW-mvTqAsWE/edit?usp=sharing)

(2)(a) A certificate of registration must be obtained from the division pursuant to Section R657-59a-11 before stocking any private fish pond with any species or sterility of aquaculture product not specifically authorized in this Section.

(b)(i) A certificate of registration application to stock triploid grass carp for control of aquatic weeds will be evaluated based upon:

(1) adequacy of screening to contain the grass carp; and

(2) potential for conflict with division management objectives or detrimental interactions with other species of fish or wildlife.

(ii) To import, transport, or stock live grass carp, each fish must be verified as being sterile triploid by the U.S. Fish and Wildlife Service.

R657-59a-10. 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

(b) to transport dead aquaculture product from a private fish pond, provided that the person in possession of the dead aquaculture product can provide the name, address, and phone number of the owner of the private fish pond if requested by the division.

R657–59a–11. Application for a Fish Stocking Certificate of Registration; Application Criteria; Amendment of Certificate of Registration.

(1) The following persons may apply for a certificate of registration for a private fish pond:

(a) The owner of the private fish pond;

(b) The president of a homeowners association, if the pond is on homeowners association property; or

(c) An individual who is a full-time employee of the private pond owner, who represents the pond owner or is a property manager.

(2)(a) A person may apply for a certificate of registration for a fish stocking activity by submitting an application with the required handling and inspection fee following the instructions provided at: https://wildlife.utah.gov/private-ponds.html

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

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

(d) The division may deny an application when:

(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

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

(3) A certificate of registration for a private fish pond is effective 5 years from the date of issuance as identified on the certificate of registration. During the effective period of the certificate of registration, the certificate of registration holder may stock any of the aquaculture products approved by the certificate of registration at the locality identified on the certificate of registration so long as all stipulations under Rule R657-59a are adhered to, unless the certificate of registration is:

(a) amended by the division at the request of the certificate of registration holder. Amendments do not change the expiration date of a certificate of registration and the original expiration date will remain after an amendment;

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

(c) suspended by the division or a court pursuant to Section 23A-4-1106.

R657–59a–12. Expiration and Termination of Certificates of Registration.

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 in a manner that complies with all federal, state and local laws.

R657–59a–13. Prohibited Activities.

(1) Live aquatic wildlife may not be collected from the wild and used in stocking activities unless authorized by the Wildlife Board and Fish Health Policy Board.

(2) A person may not release or transport any live aquaculture product received or held under this rule without prior written authorization of the division and the Fish Health Policy Board.

R657-59a-14. Administrative Appeal Procedures.

(1) An aggrieved party to a final division action under this rule may file a request for agency action with the division under Rule R657-2.

(2) The Director or a designee appointed by the Director shall be the presiding officer for any adjudicative proceedings initiated under this rule.

Administrative rule R657-3c

Certification of registration — fish, mollusks and crustaceans

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R657-3c-1. Purpose and Authority.

Under Title 23A, Wildlife Resources Code of Utah, this rule governs the collection, importation, possession and propagation of aquatic animals in Utah.

R657-3c-2. Definitions.

(1) Terms used for purposes of this rule are defined in Section 23A-1-101, Section R657-3a-2, and Subsection (2) through Subsection (10).

(2) "Aquaculture" means the husbandry, production, harvest, and use of aquatic organisms under controlled, artificial conditions.

(3) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir or other structure used for aquaculture as defined under Title 4, Chapter 37, the Aquaculture Act and the rules promulgated there under.

(4) "Aquatic animal" means a member of any species of fish, mollusk or crustacean, including their eggs or sperm.

(5) "Baitfish" means aquatic animal species authorized for use as bait in Section R657-13-12.

(6) "Fee fishing facility" means a body of water used for holding or rearing fish to provide fishing for a fee or for pecuniary consideration or advantage as described in Title 4, Chapter 37, the Aquaculture Act.

(7) "Food fish" means aquatic animal species cultured or harvested from the wild for human consumption.

(8)(a) "Marine aquatic animal" means a member of any species of fish, mollusk or crustacean, including their eggs and sperm, that spends its entire life cycle in a marine environment.

(b) "Marine aquatic animal" does not include:

(i) anadromous aquatic animal species;

(ii) species that temporarily or permanently reside in brackish water; and

(iii) species classified as invasive or nuisance by state or federal law.

(9)(a) "Ornamental aquatic animal species" means any species of fish, mollusk or crustacean that is sold for display.

(b) "Ornamental aquatic animal species" does not mean:

(i) Sport fish;

(ii) Baitfish;

(iii) Aquatic animal species that are native to Utah;

(iv) Aquatic animals and marine aquatic animals prohibited for importation or possession under federal law; or

(v) Aquatic animals and marine aquatic animals listed as prohibited or controlled in Subsection R657-3c-5(1).

(10) "Sport fish" means aquatic animal species regulated for angling and harvest for recreation or sport from any state in the United States, excluding Peacock Bass (Cichla ocellaris).

R657-3c-3. Liability.

(1)(a) Any person who accepts a certificate of registration assumes all liability and responsibility for the collection, importation, transportation, possession and propagation of the authorized animal and for any other activity authorized by the certificate of registration.

(b) To the extent provided under the Title 63g, Chapter 7, the Governmental Immunity Act of Utah, the division, the Department of Agriculture and Food, and the Department of Health and Human Services shall not be liable in any civil action for:

(i) any injury, disease, or damage caused by or to any animal, person, or property as a result of any activity authorized under this rule or a certificate of registration; or

(ii) the issuance, denial, suspension, or revocation of or by the failure or refusal to issue, deny, suspend, or revoke any certificate of registration or similar authorization.

(2) It is the responsibility of any person who obtains a certificate of registration to read, understand and comply with this rule and all other applicable federal, state, county, city, or other municipality laws, regulations, and ordinances governing animals.

R657-3c-4. Prohibited Activities.

(1)(a) Except as provided in this rule, the rules of the Wildlife Board, including Section R657-13-12, Rule R657-14, and Rule R657-59, or Title 4, Chapter 37, the Aquaculture Act, noncontrolled, controlled or prohibited animals may not be released into the wild or any public or private waters without first obtaining authorization from the division.

(b) A violation of this section is punishable under Section 23A-5-305.

(c) A person may not release or transplant a live terrestrial or aquatic wildlife into the wild. A person who violates this subsection is guilty of a class A misdemeanor.

(d) A person who knowingly and without lawful authority imports, transports or releases a live species of wildlife that the person knows is listed as threatened or endangered, or is a candidate to be listed under the Endangered Species Act, 16 U.S.C. Sec. 1531 et seq., with the intent to establish the presence of that species in an area of the state not currently known to be occupied by a reproducing population of that species is guilty of a third degree felony.

(2) The division may seize or dispose of any illegally held animal.

(3)(a) Any peace officer, division representative, or authorized animal control officer may seize or dispose of any live animal that escapes from captivity.

(b) The division may retain custody of any recaptured animal until the costs of recapture or care have been paid by its owner or keeper.

R657-3c-5. Noncontrolled, Controlled and Prohibited Species.

(1)(a) The noncontrolled, controlled and prohibited aquatic animal species classification table entitled Aquatics Species Classification Table 3c-1, dated May 1, 2023 is incorporated by reference.

(b) Table 3c-1 can be accessed in person or by contacting the Salt Lake division office located at 1594 West North Temple, Salt Lake City, Utah 84114, and on the division's Certificates of Registration web page at https://wildlife.utah.gov/licenses/certificates-of-registration.html.

(2) A person may collect and possess live aquatic animals of controlled species if:

(a) They possess a valid certificate of registration;

(b) Successfully complete the Fish, Mollusk, and Crustacean education course;

(c) Satisfy the mandatory reporting requirements established in Section R657-3c-6; and

(d) The number of individuals of a species in a person's possession may not exceed the limits established under that person's certificate of registration.

(3) All native species and naturalized sportfish species are classified as controlled except those species that are classified as prohibited.

(4) Some species are classified as noncontrolled when stocked in a private fish pond, short-term fishing event, or aquaponics facility, as allowed in Rule R657-59.

(5) Triploid Grass Carp can be stocked as allowed in Rule R657-59.

(6)(a) Exemptions may be granted to educational, scientific, and commercial organizations.

(b) An individual or entity must acquire a certificate of registration before engaging in an educational, scientific, or commercial use activity involving the collection or possession of a controlled or prohibited species.

(i) A scientific use certificate of registration is valid for the time-period identified in the research proposal and approved by the division.

(ii) An educational use certificate of registration is valid for 3 years and authorize wildlife related instructional activities identified on the certificate of registration.

(iii) A commercial use certificate of registration is valid for 3 years and authorize commercial use activities identified on the certificate of registration.

R657-3c-6. Reporting Requirements for the Collection of Controlled Species.

(1) A person must report to the division within 72 hours of collecting a controlled species.

(2) Mandatory reporting must be completed using a division approved reporting platform, and shall include:

(a) Universal Transverse Mercator (UTM) or latitude/longitude coordinates of the collection point location;

(b) number of individuals or specimens collected;

(c) morphological measurements and descriptions of individuals or specimens; and

(d) photographic documentation.

(3) A person who fails to complete mandatory reporting as required in this rule may be:

(a) considered in unlawful possession of unreported animals; and

(b) deemed ineligible to obtain a certificate of registration for the collected species until such reporting is completed.

(4) Mandatory reporting for commercial use, scientific use, and educational use certificates of registration will be established as part of the certificate of registration approval process.

R657-3c-7. Application and Renewal Procedures — Fees — Expiration.

(1)(a) Initial and renewal applications for certificates of registration are available from, and must be submitted to, the Wildlife Registration Office in Salt Lake City or any regional division office.

(b) Applications may require a minimum of 45 days for review and processing from the date the application is received.

(c) Applications that are incomplete, completed incorrectly, or submitted without the appropriate fee or other required information may be returned to the applicant.

(2)(a) Upon or before the expiration date of a certificate of registration, the holder must apply for a renewal of the certificate of registration to continue the activity.

(b) The division may use the criteria provided in Section R657-3c-6 in determining whether to renew the certificate of registration.

(c) It is unlawful for a person to possess an animal for which a certificate of registration is required if that person;

(i) does not have a valid certificate of registration authorizing possession of the animal; or

(ii) fails to submit a renewal application to the division before the expiration of an existing certificate of registration authorizing possession of the animal.

(d) If a renewal application is not submitted to the division by the expiration date, live or dead animals held in possession under the expired certificate of registration shall be considered unlawfully held and may be seized by the division.

(e) If a renewal application is submitted to the division before the expiration date of the existing certificate of registration, continued possession of the animal under the expired certificate of registration shall remain lawful while the renewal application is pending.

(3)(a) Certificates of registration are not transferable and expire December 31 of the year issued, except as otherwise designated on the certificate of registration.

(b) If the holder of a certificate of registration is a representative of an institution, organization, business, or agency, the certificate of registration shall expire effective upon the date of the representative's discontinuation of association with that entity.

(c) Certificates of registration do not provide the holder any rights of succession and any certificate of registration issued to a business or organization shall be void upon the termination of the business or organization or upon bankruptcy or transfer or death of the certificate of registration holder.

(4) Failure to submit timely, accurate or valid reports as required under this rule or the terms of a certificate of registration may disqualify a person from renewing an existing certificate of registration or obtaining a new certificate of registration.

R657-3c-8. Issuance and Renewal Criteria.

(1) The following factors shall be considered before the division may issue or renew a certificate of registration for the collection, importation, transportation, possession or propagation of an animal:

(a) the health, welfare, and safety of the public;

(b) the health, welfare, safety, and genetic integrity of wildlife, domestic livestock, poultry, and other animals;

(c) ecological and environmental impacts;

(d) the suitability of the applicant's holding facilities;

(e) the experience of the applicant for the activity requested; and

(f) ecological or environmental impact on other states.

(2) In addition to the criteria provided in Subsection (1), the division shall use the following criteria for the issuance or renewal of a certificate of registration for a scientific use of an animal;

(a) the validity of the objectives and design;

(b) the likelihood the project will fulfill the stated objectives;

(c) the applicant's qualifications to conduct the research, including education or experience;

(d) the adequacy of the applicant's resources to conduct the study; and

(e) whether the scientific use is in the best interest of the animal, wildlife management, education, or the advancement of science without unnecessarily duplicating previously documented scientific research.

(3) In addition to the criteria provided in Subsection (1), the division may use the following criteria for the issuance or renewal of a certificate of registration for an educational use of an animal:

(a) the objectives and structure of the educational program;

(b) whether the applicant has written approval from the appropriate official if the activity is conducted in a school or other educational facility: and

(c) whether the individual is in possession of the required federal permits.

(4) The division may deny issuing or renewing a certificate of registration to any applicant, if:

(a) the applicant has violated Title 23A, the Wildlife Resources Code of Utah, Title R657, proclamation or guidebook, a certificate of registration, an order of the Wildlife Board or any other law that when considered with the functions and responsibilities of collecting, importing, possessing or propagating an animal bears a reasonable relationship to the applicant's ability to safely and responsibly carry out such activities;

(b) the applicant has previously been issued a certificate of registration and failed to submit any report or information required by this rule, the division, or the Wildlife Board;

(c) the applicant misrepresented or failed to disclose material information required in connection with the application; or

(d) holding the animal at the proposed location violates federal, state, or local laws.

(5) The collection or importation and subsequent possession of an animal may be granted only upon a clear demonstration that the criteria established in this section have been met by the applicant.

(6) The division, in making a determination under this section, may consider any available facts or information that is relevant to the issuance or renewal of the certificate of registration, including independent inquiry or investigation to verify information or substantiate the qualifications asserted by the applicant.

(7) If an application is denied, the division shall provide the applicant with written notice of the reasons for denial.

R657-3c-9. Collection of Aquatic Animal Species.

(1) A person shall obtain a certificate of registration before collecting any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to collect any aquatic animal species classified as noncontrolled.

R657-3c-10. Importation of Aquatic Animal Species.

(1)(a) A person shall obtain a certificate of registration before importing any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute or rules and orders of the Wildlife Board.

(b) A person shall provide the Division copies of U.S. Fish and Wildlife Service form 3-177, upon request, for ornamental aquatic animal species imported from outside the United States.

(c) A person shall have the U.S. Fish and Wildlife Service import license number for the entity that imported ornamental aquatic animal species in their possession.

(2) A certificate of registration is not required to import any aquatic animal species classified as noncontrolled.

(3)(a) All live aquatic animals, including marine aquatic animals, imported into Utah and not destined for an aquaculture facility or fee fishing facility must be accompanied by the following documentation:

(i) common or scientific names of the aquatic animals;

(ii) name and address of the consignor and consignee;

(iii) origin of shipment;

(iv) final destination;

(v) number of aquatic animals shipped; and

(vi) certificate of veterinary inspection, Utah entry permit number issued by the Utah Department of Agriculture and Food, and any other health certifications.

(b) A person may import live fish destined for an aquaculture facility or fee fishing facility only as provided by Title 4, Chapter 37, the Aquaculture Act and the rules promulgated there under.

(4) Subsection (1) does not apply to dead fish or crayfish caught in Lake Powell, Bear Lake, or Flaming Gorge reservoirs under the authority of a valid fishing license and in accordance with Rule R657-13 and the proclamation of the Wildlife Board for taking fish and crayfish.

(5) Any water used to hold or transport fish shall not be emptied into a stream, lake, or other natural body of water.

R657-3c-11. Transportation of Aquatic Animal Species.

(1) A person shall obtain a certificate of registration before transporting any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to transport any aquatic animal species classified as noncontrolled.

R657-3c-12. Possession of Aquatic Animal Species.

(1) A person shall obtain a certificate of registration before possessing any aquatic animal species or aquatic animal species parts classified as prohibited or controlled, except as otherwise provided in this rule, statute or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to possess any aquatic animal species classified as noncontrolled.

R657-3c-13. Propagation of Aquatic Animal Species.

(1) A person shall obtain a certificate of registration before propagating any aquatic animal species classified as prohibited or controlled, except as otherwise provided in this rule, statute, or rules and orders of the Wildlife Board.

(2) A certificate of registration is not required to propagate any aquatic animal species classified as noncontrolled.

R657-3c-14. Brine Shrimp and Brine Shrimp Eggs.

(1) A certificate of registration is not required to collect, transport, or possess brine shrimp and brine shrimp eggs for personal use, provided:

(a) the brine shrimp and brine shrimp eggs are collected, transported, and possessed together with water in a container no larger than one gallon;

(b) no more than a one gallon container of brine shrimp and brine shrimp eggs, including water, is collected during any consecutive seven day period; and

(c) the brine shrimp or brine shrimp eggs following possession are not released live into the Great Salt Lake, Sevier River, or any of their tributary waters.

Except otherwise listed, all species are presumed prohibited. All species not listed will require an assessment before collection, importation or possession will be authorized.