Superseded 7/1/2023)
Superseded 7/1/2023
4-37-204. Sale of aquatic animals from aquaculture facilities.
| (1) |
Terms Used In Utah Code 4-37-204- 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
- Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
| (a) |
Except as provided by Subsection (1)(c) and subject to Subsection (1)(b), a person holding a license for an aquaculture facility may take an aquatic animal as approved on the license from the facility at any time and offer the aquatic animal for sale. |
| (b) |
A live aquatic animal may be sold within Utah only to a person who:
| (i) |
has been issued a license to possess the aquatic animal; or |
| (ii) |
is eligible to receive the aquatic animal without a certificate of registration under Wildlife Board rules. |
|
| (c) |
A person who owns or operates an aquaculture facility may sell live aquatic animals if the person:
| (i) |
obtains a health approval number for the aquaculture facility; |
| (ii) |
inspects the pond or holding facility to verify that the pond or facility is in compliance with Subsections 23-15-10(2) and (3)(c); and |
| (iii) |
stocks the species and reproductive capability of aquatic animals authorized by the Wildlife Board in accordance with Section 23-15-10 for stocking in the area where the pond or holding facility is located. |
|
|
| (2) |
An aquatic animal sold or transferred by the owner or operator of an aquaculture facility shall be accompanied by the seller’s receipt that contains the following information:
| (b) |
name, address, license number, and health approval number; |
| (c) |
number and weight of aquatic animal by:
| (ii) |
reproductive capability; and |
|
| (d) |
name and address of the receiver. |
|
| (3) |
| (a) |
A person holding a license for an aquaculture facility shall submit to the department an annual report of each sale of live aquatic animals or each transfer of live aquatic animals in Utah. The department shall forward the report to the Division of Wildlife Resources. The department or Division of Wildlife Resources may request copies of receipts from an aquaculture facility. |
| (b) |
The report shall contain the following information:
| (i) |
name, address, and license number of the seller or supplier; |
| (ii) |
number and weight of aquatic animals by species and reproductive capacity; |
| (iii) |
date of sale or transfer; and |
| (iv) |
name, address, phone number, and license number of the receiver. |
|
|
| (4) |
Geographic coordinates of the stocking location shall be provided if the receiver is eligible to stock the aquatic animal without a certificate of registration under Wildlife Board rules. |
| (5) |
A report required by Subsection (3) shall be submitted before:
| (a) |
a license is renewed or a subsequent license is issued; or |
| (b) |
a health approval number is issued. |
|
Amended by Chapter 79, 2022 General Session
Amended by Chapter 295, 2021 General Session
