Effective 7/1/2023
4-37-111. Prohibited sites.
| (1) |
Except as provided in Subsection (2), an aquaculture facility or a fee fishing facility may not be developed on:
Terms Used In Utah Code 4-37-111 v2- Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
- Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
- Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103
- Natural flowing stream: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103
- Natural lake: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103
- Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103
- Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
a natural lake; |
| (b) |
a natural flowing stream; or |
| (c) |
a reservoir constructed on a natural stream channel. |
|
| (2) |
The Division of Wildlife Resources may authorize an aquaculture facility, public aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural stream channel upon inspecting and determining:
| (a) |
the facility and inlet source of the facility neither contain wild game fish nor are likely to support such species in the future; |
| (b) |
the facility and the facility’s intended use will not jeopardize conservation of aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife; |
| (c) |
the facility is properly screened as provided in Subsection 23A-9-203(3)(c) and otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and applicable law; and |
| (d) |
the facility is not vulnerable to flood or high water events capable of compromising the facility’s inlet or outlet screens and allowing escapement of privately owned fish into waters of the state. |
|
| (3) |
Any authorization issued by the Division of Wildlife Resources under Subsection (2) shall be in the form of a certificate of registration. |
Amended by Chapter 34, 2023 General Session
