(A) Except as provided in subsections (F) and (G) a person must first apply for and obtain an annual aquaculture permit issued by the Department of Natural Resources:

1. (1) to engage in commercial aquaculture;
2. (2) to wholesale or retail a live aquaculture product;
3. (3) to engage in aquaculture of an aquatic species not indigenous to this State, subject to the provisions of this title;
4. (4) to engage in aquaculture, possess, or sell an aquatic species solely for the purposes of stocking;
5. (5) to engage in aquaculture of hybrid striped bass;
6. (6) to engage in aquaculture, or possess an aquatic species to provide sport fishing for a fee;
7. (7) to sell or offer for sale annually in excess of two thousand five hundred dollars worth of an aquatic species harvested from a private pond, unless selling to a permitted resident aquaculturist;
8. (8) to import an aquatic species taken and obtained lawfully in the jurisdiction of origin, for use as aquaculture brood stock;
9. (9) to import an aquatic species taken and obtained lawfully in the jurisdiction of origin, for sale for stocking only private waters.

(C) In considering issuance of a permit and setting permit conditions, the department must consider scientific and other available information regarding:

1. (1) species to be cultured;
2. (2) protection of ecosystems from detrimental species;
3. (3) protection of critical habitat;
4. (4) protection of water resources;
5. (5) protection of plant and wildlife genetic integrity;
6. (6) disease potential and protection of plant and wildlife health;
7. (7) protection of natural resources from illegal harvesting and commercialization;
8. (8) protection of natural resources from nuisance species;
9. (9) security and welfare of the aquaculture industry of this State.

(G) An aquaculture permit is not required to wholesale or retail:

1. (1) nongame, indigenous species aquacultured in this State for use as bait, or
2. (2) organisms legally sold in the pet or ornamental trade.