1. A. An aquatic animal aquaculture license authorizes a person or company to import an approved live fish, amphibian, shellfish, mollusk, and crustacean species classified as restricted live wildlife per R12-4-406 for the purposes of an aquaculture operation at the location and facility specified on the license.
2. B. The aquatic animal aquaculture license further authorizes the licensee to grow and process the approved aquatic animal species at the designated aquaculture facility and to sell the slaughtered species on ice to seafood processors and to wholesale and retail outlets for sale or consumption.
3. C. The aquatic animal aquaculture license authorizes the sale and transport of the approved species from the Licensee’s aquaculture facility to locations outside of the State of Arizona.
4. D. The sale, transport or export of the approved species from the licensed aquaculture facility to any location within the State of Arizona is not permitted unless specifically authorized by the Department by stipulation to the aquatic animal aquaculture license and the identified receiving location is separately licensed by the Department to receive, grow, process or sell the restricted live wildlife species.
5. E. This Section does not apply to the importation and transportation of restricted live game fish, crayfish or tilapia directly to restaurants or markets licensed to sell food to the public per R12-4-407(B)(11).
6. F. An aquatic animal aquaculture license is good for a three-year term, expiring on the last day of the third December from the date of issuance.
7. G. In addition to the requirements established under this Section, an aquatic animal aquaculture licensee shall comply with the special license requirements established under R12-4-403, R12-4-409, and with all stipulations of the license. Aquatic animal aquaculture licensees are not required to obtain individual aquatic stocking licenses under R12-4-410.

8. H. The aquatic animal aquaculture licensee shall be responsible for compliance with all applicable regulatory requirements. The license does not:

   1. 1. Exempt the licensee from any municipal, county, state, or federal codes, ordinances, statutes, rules, or regulations; or
   2. 2. Authorize the licensee to engage in authorized activities using federally-protected wildlife, unless the licensee possesses a valid license, permit, or other form of documentation issued by the United States authorizing the licensee to use that wildlife in a manner consistent with the special license.

9. I. An applicant for an aquatic animal aquaculture license shall submit an application to the Department. A separate application is required for each location where the applicant proposes to import, possess or process the restricted live wildlife species. The application is furnished by the Department and is available at any Department office and on the Department’s website. An applicant shall provide the following on the application:

   1. 1. The applicant’s information:

      1. a. Name;
      2. b. Mailing address; and
      3. c. Department ID number, when applicable.

   2. 2. The name of the applicant’s business:

      1. a. Mailing address; and
      2. b. Telephone number;
   3. 3. The name of the aquatic species, the approximate size, length and weight.

   4. 4. For each aquaculture facility where the approved live species will be held, the applicant’s:

      1. a. Name;
      2. b. Mailing address; and
      3. c. Telephone number; and
      4. d. Physical address and general location of the aquaculture site, to include the nearest river, stream, or other freshwater system and the Global Positioning System location;
      5. e. The owner of the real property where the aquaculture facility will be located.
   5. 5. A detailed description and diagram of the aquaculture facility, including site security protocols;

   6. 6. For each supplier from whom the applicant will obtain live aquatic species, the supplier’s:

      1. a. Name;
      2. b. Mailing address; and
      3. c. Telephone number; and
      4. d. Any other information required by the Department.
   7. 7. The certification required under R12-4-409(C).
10. J. Each application for an aquatic animal aquaculture license shall be evaluated by the Arizona Game and Fish Department to determine the risk to Arizona waterways based on aquaculture management, escapement potential, and the potential for risks to native aquatic wildlife or game fish.

11. K. The Department shall deny an application for an aquatic animal aquaculture license when:

    1. 1. The applicant has failed to meet the criteria prescribed under R12-4-409(F) or this Section;
    2. 2. The applicant has not complied with the requirements of the application process of this Section;
    3. 3. The applicant cannot demonstrate adequate compliance with applicable local, state or federal laws, ordinances, codes or regulations;
    4. 4. The Department determines that the proposed aquaculture facility, its site security or its proposed business operation poses a risk of escapement potential or risks to native aquatic wildlife and game fish.
    5. 5. The Department determines that issuance of the license will pose a threat to any native aquatic wildlife or game fish within a river drainage or water body adjacent to an aquaculture facility.
12. L. The Department shall provide written notice stating the reason for the denial. The applicant may appeal the denial to the Commission as prescribed under A.R.S. Title 41, Chapter 6, Article 10.
13. M. The Licensee must notify the Department in writing of the importation and out-of-state exportation of the approved live species for each transport event, to include: Date, purpose, source of the approved live species, number of species, and average length and weight of imported species not less than 30 days prior to each transport event.
14. N. Importation of each shipment of the live approved species to licensed facility must be certified free of diseases and causative agents and free of aquatic invasive organisms.
15. O. To prevent the spread of diseases and causative agents listed in A.A.C. R3-2-1009, the Department may inspect and take samples from any facility or shipment being transported. A licensee shall notify the Department within 72 hours of becoming aware of the presence of any disease or causative agent listed in A.A.C. R3-2-1009. Aquatic animals found to be infected with a disease or causative agent listed in A.A.C. R3-2-1009 are prohibited from interstate or intrastate movement without prior written Department approval.

16. P. The Department shall quarantine or seize aquatic animals, alive or dead, plants, or products for examination or diagnostic study when there is a potential for spread of a disease or causative agent listed in R3-2-1009, or any other disease or causative agent that could constitute a threat to aquatic animals or plants of the state. The Department shall issue a written notice to the licensee specifying:

    1. 1. The reason for the Department’s action; and
    2. 2. The licensee’s right to request a hearing as prescribed in A.R.S. § 3-2906.
17. Q. The licensee shall submit an annual report to the Department summarizing all shipments conducted in the prior calendar year before January 31 of each year for the previous calendar year. The summary will include the number of annual shipments, shipment destinations, number of live approved species shipped, and the average size of species shipped. The summary shall also include a description of any disease outbreaks experienced at the licensed facility during the year.
18. R. An applicant for an aquatic animal aquaculture license shall pay all applicable fees required under R12-4-412.

19. S. A licensee shall:

    1. 1. Comply with all stipulations placed on the license by the Department, as authorized under R12-4-409(H).
    2. 2. Allow Arizona Game and Fish Department staff access to the aquaculture facility before and during the license period during normal business hours to examine equipment, water filtration systems, and business records to determine compliance with license requirements in accordance with A.R.S. § 41-1009 and R12-4-410(J). The Department shall comply with A.R.S. § 41-1009 when conducting inspections at a licensee’s facility.
    3. 3. Comply with all site security requirements set forth in stipulations to the license.
20. T. The licensee shall not import or possess any other live aquatic species at the licensed aquaculture facility not identified on the license as an approved live species for the aquaculture facility.
21. U. A licensee is responsible for all costs incurred by the Department associated with the seizing or quarantining of any approved live species that escape from the licensed aquaculture facility in accordance with R12-4-403.
22. V. The Department may require the licensee to procure and maintain insurance naming the State of Arizona as an additional insured as a stipulation to the license.
23. W. In the event the primary purpose for which the license was issued no longer exists, the licensee shall immediately submit the annual report to the Department and provide the Department with written notice of licensee’s intent to cancel the license. The Parties shall promptly meet and confer regarding the licensee’s plans for the disposal of any approved live species remaining at the licensed aquaculture facility.
24. X. The Department may suspend or revoke an aquatic animal aquaculture license for non-compliance with R12-4-403, R12-4-409, or for non-compliance with any license requirement or this Article. Any such action by the Department may be appealed pursuant to A.R.S. Title 41, Chapter 6, Article 10.

Historical Note

Adopted effective April 28, 1989 (Supp. 89-2). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Amended by final rulemaking at 12 A.A.R. 980, effective May 6, 2006 (Supp. 06-1). Repealed by final rulemaking at 21 A.A.R. 2813, effective December 5, 2015 (Supp. 15-4). New Section made by exempt rulemaking at 31 A.A.R. 2836 (September 5, 2025), effective October 14, 2025 (Supp. 25-3).