1. (1) A certificate of registration is not required to receive and stock an aquaculture product in a private fish pond, provided:

   1. (a) the pond is not a natural lake, natural flowing stream, or reservoir constructed on a natural flowing stream;
   2. (b) the private fish pond satisfies the screening requirements established in Section R657-59a-7;
   3. (c) the species, sub-species, and sterility of the aquaculture product received is authorized for stocking in the area where the private fish pond is located consistent with the requirements in Section R657-59a-9;

   4. (d) the aquaculture product is:

      1. (i) delivered to the private fish pond by a licensed aquaculture facility as defined in Title 4, Utah Agricultural Code, Chapter 37, Aquaculture Act; or

      2. (ii) the owner, lessee, or operator of the private fish pond:

         1. (A) possesses documentation from the aquaculture facility verifying the information itemized in Subsection R657-59a-6(4)(b) during transport; and
         2. (B) assumes legal responsibility for directly transporting the fish from the aquaculture facility to the private fish pond;
   5. (e) the owner, lessee, or operator of the private fish pond obtains from the aquaculture facility providing the aquaculture product a valid health approval number issued by the Utah Department of Agriculture and Food pursuant to Title 4, Utah Agricultural Code, Chapter 37, Aquaculture Act; and
   6. (f) the owner or operator of the private fish pond provides the aquaculture facility a signed written statement that the pond and aquaculture product received are in compliance with this section.
2. (2) A certificate of registration is required to receive and stock an aquaculture product in a private fish pond when the criteria described in Subsection (1) are not met.

KEY: wildlife, aquaculture, fish

Date of Last Change: November 21, 2023

Authorizing, and Implemented or Interpreted Law: 23A-9-305; 23A-9-202