Utah Admin. Code R58-27-7 - Application for Aquaculture and Fee Fishing Licenses; License Renewal; and Fees

(1)

(a) Applications for aquaculture and fee fishing licenses are available from and shall be submitted to the department's Aquaculture Program in Salt Lake City.

(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.

(d) Legal tender in the correct amount must accompany the application.

(2) The department shall forward aquaculture and fee fishing license applications to the division within ten working days to determine

(a) the suitability of the proposed site and

(b) the species the applicant may propagate, possess, transport, or sell.

(3) If the application is granted, a written license and license number shall be issued.

(a) The license holder shall keep a copy of the license on file for two years pursuant to Section 4-37-110.

(b) If the application is denied, a written explanation will be sent to the applicant.

(4)

(a) Aquaculture and fee fishing licenses are not transferable and expire December 31 of the year issued.

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

(c) Aquaculture and fee fishing licenses do not provide the holder any rights of succession and any license 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 license holder.

(5) Amending aquaculture and fee fishing licenses.

(a) License holders may request to amend or change the species permitted at their facility by submitting a written request to the Aquaculture Program Manager at the department.

(b) The department shall consult with the division to determine if the species can be added to the license. If the request for an amendment is denied, the department shall provide the applicant with written notice of the reasons for denial.

(c) The department may charge a fee to amend a license.

(6) Renewal of Aquaculture and Fee fishing Licenses.

(a) Aquaculture and fee fishing licenses are valid until December 31 for the calendar year issued unless specified otherwise on the license.

(b) Aquaculture and fee fishing licenses shall be renewed annually by submitting the required fee, a completed annual report and by complying with other applicable renewal criteria established by the department.

(7) Late fees. A late fee shall be accessed if the annual report or license fee is received after December 31^st.

(8) Delinquency. Renewal documents received after March 1 are considered delinquent and any animals on the premises may be quarantined until due process of law against the current owner has occurred. This may result in any of the following:

(a) a citation for operating an aquaculture or fee fishing facility without a license;

(b) revocation of the license;

(c) denial of future licenses;

(d) loss of health approval; or

(e) the destruction or removal of the live or dead aquatic animals at the facility.

(i) Removal or disposal of live or dead aquatic animals is the responsibility of the owner and shall be done by means or specified in Section R58-17-16.

(9) Before renewal of a delinquent license, the facility may be inspected by a department or division employee to document that screening requirements are met.

(a) The division may recommend changes to the species or reproductive capacity of the aquatic animals listed on the license.

Notes

Utah Admin. Code R58-27-7

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