Utah Admin. Code R58-27-5 - Qualifying Waters, and Species Allowed

(1) 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.

(2) The department shall coordinate with the division:

(a) on the suitability of the proposed site relative to potential impacts on adjacent wild aquatic animal populations; and

(b) in determining which species, aquaculture, and fee fishing license holders may propagate, possess, transport, or sell.

(3) The department shall list the species and reproductive capacity of aquatic animals the aquaculture and fee fishing license holder may propagate, possess, transport, or sell.

(a) The department may only list those species and reproductive capabilities of aquaculture products authorized by the division or the Wildlife Board on the license.

(b) The department shall monitor sales receipts from aquaculture facilities to ensure that live transfers were authorized by a license issued by the department, a COR issued by the division, or permissible by division rules.

(4) Except as provided in Subsection R58-27-5(5), an aquaculture facility or a fee fishing facility may not be developed on:

(a) a natural lake;

(b) a natural flowing stream; or

(c) a reservoir constructed on a natural stream channel.

(5) The division may authorize the department to issue a license for an 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 23-15-10(3)(c) and otherwise in compliance with the requirements of Rule R58-17, the 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.

Notes

Utah Admin. Code R58-27-5

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