Utah Admin. Code R58-27-2 - Definitions

(1) "Aquaculture" means the controlled cultivation of aquatic animals. In this rule, the word "aquaculture" refers to commercial aquaculture.

(2) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture.

(a) "Aquaculture facility" does not include any public aquaculture facility, private fishpond, or fee fishing facility, as defined in this rule.

(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, are considered separate aquaculture facilities regardless of ownership.

(3) "Aquatic animal" means an individual or gamete of any species of fish, mollusk, crustacean, or amphibian.

(4) "Aquatic animal processing plant" means a facility, grocery store, processing plant, or other facility pursuant to Subsection R58-27-4(3) that receives live or dead aquatic animals to produce food products that are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.

(a) Aquatic animal processing plants that hold live fish, amphibians, freshwater mollusks, freshwater crustaceans, shrimp, or controlled or prohibited species listed in Rule R657-3 must be licensed by the department as an Aquaculture Facility and are subject to Rule R58-17

(5) "Aquatic reselling" is an activity permitted by a Fish Health Policy Board issued variance. The aquatic reselling variance permits a health approved aquaculture facility to acquire and culture aquatic animals from another health approved source and to sell the aquatic animals live without obtaining a facility health approval for that aquatic animal.

(6) "Brokers" or "aquatic animal brokering" means the practice where an aquaculture facility with health approval facilitates the buying, selling, exchanging, or transferring of live aquatic animals between a health approved facility and a stocking destination pursuant to Section R58-17-10. Brokered animals are directly transferred from the source to the destination and do not enter the waters of the broker's facility.

(7) "Certificate of Registration (COR)" means an official document that licenses facilities and events with the division.

(8) "Department" means the Utah Department of Agriculture and Food with appropriate regulatory responsibility pursuant to Section R58-27-4 in accordance with the Sections 4-2-103, 4-37-104, and 4-37-109.

(9) "Division" means the Utah Division of Wildlife Resources in the Department of Natural Resources with the appropriate regulatory responsibility pursuant to Rule R657-3 and Rule R657-59 in accordance with the Sections 23-14-1 and 4-37-105.

(10) "Entry Permit" means an official document issued by the department that grants permission to the permit holder to import aquatic animals into Utah pursuant to Section R58-17-12. An entry permit is issued for up to 30 days and stipulates the species, size or age, weight, and source of aquatic animals to be imported.

(11) "Fee fishing facility" means a body of water used for holding or rearing aquatic animals for providing fishing for a fee or for pecuniary consideration or advantage pursuant to Sections 4-37-103 and R58-27-12. Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, shall be licensed as separate facilities regardless of ownership.

(12) "Health approved" or "Health approval" means a health inspection was conducted in a manner that provides statistical assurance that specific pathogens are not present in a facility or population of aquatic animals.

(13) "Health inspection" means an on-site inspection by a certified inspector for each facility, brood stock location, or free range location in accordance with Section R58-17-5 and the Aquatic Animal Health Inspection Policy.

(14) "Import" "importation" means to bring live aquatic animals, by any means into Utah from any location outside the state and to subsequently possess and use them for any purpose.

(15) "Institutional aquaculture" means aquaculture engaged in by any institution of higher learning, school, or other educational program.

(16) "License" means an official document issued by the department authorizing the importation, transportation, and possession of aquatic animals for use at fee fishing and aquaculture facilities.

(17) "Live Marine Seafood" means a member of any species of mollusk or crustacean that spends its entire life cycle in a marine environment and is marketed as live animals for human consumption such as lobster, crab, oyster.

(a) "Live Marine Seafood" does not include:

(i) freshwater or marine shrimp including mantis shrimp;

(ii) anadromous aquatic animal species;

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

(iv) aquatic animal species listed as prohibited or controlled in Sections R657-3-22 and R657-3-23.

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

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

(i) sport fish -- aquatic animal species angled or harvested for recreation or sport;

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

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

(iv) native species;

(v) aquatic animal species prohibited for importation or possession by any state, federal, or local law; or

(vi) aquatic animal species listed as prohibited or controlled in Sections R657-3-22 and R657-3-23.

(19)

(a) "Private fish pond" means a body of water where privately owned aquatic animals are propagated or kept for a private, non-commercial purpose.

(b) "Private fishpond" does not include any aquaculture facility or fee fishing facility.

(20)

(a) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for the controlled cultivation of aquatic animals by the division, the U.S. Fish and Wildlife Service, or an institution of higher education.

(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, are considered separate public aquaculture facilities.

Notes

Utah Admin. Code R58-27-2

Adopted by Utah State Bulletin Number 2023-01, effective 12/15/2022