A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility for purposes of this chapter if it contains, grows, or holds aquatic animals in either of the following categories:
- (1) Cold water fish species or other cold water aquatic animals, as defined in § 74:52:02:31, in ponds, raceways, or similar structures which discharge at least 30 days a year but not facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals a year and facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding.
- (2) Warm water fish species or other warm water aquatic animals, as defined in § 74:52:02:31, in ponds, raceways, or similar structures which discharge at least 30 days a year, but not closed ponds which discharge only during periods of excess runoff or facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals a year.
Source: 14 SDR 86, effective December 24, 1987; 19 SDR 122, effective February 21, 1993; transferred from § 74:03:18:34, July 1, 1996.
General Authority: SDCL 34A-2-30.
Law Implemented: SDCL 34A-2-40 , 34A-2-44.