1. (1) Only persons who are full-time employees of the institution of higher learning, school, or other educational program, or public agency seeking to engage in institutional aquaculture may apply for a certificate of registration.

2. (2)(a) A person may apply to receive a certificate of registration for an aquaponics facility by submitting an application with the required handling and inspection fee following the instructions provided at: https://wildlife.utah.gov/private-ponds.html

   1. (b) The application may require up to 30 days for processing.
   2. (c) The division may require a site inspection of the stocking location be performed to confirm compliance with the provisions found in this rule.

   3. (d) The division may deny an application where:

      1. (i) the application is incomplete, filled out incorrectly, or submitted without the appropriate fee;

      2. (ii) receiving or stocking the aquaculture product or aquatic wildlife may:

         1. (A) violate any federal, state or local law or any agreement between the state and another party;
         2. (B) negatively impact native wildlife species listed by the division as sensitive or by the federal government as threatened or endangered;
         3. (C) pose an identifiable adverse threat to other wildlife species or their habitat;
         4. (D) pose an identifiable adverse impact to the division's game fish stocking regimes or wildlife management objectives; or
      3. (iii) the applicant has violated Title 23A, the Wildlife Resources Code of Utah, Title R657, a guidebook of the Wildlife Board, a certificate of registration, an order of the Wildlife Board, or any other law related to the applicant's ability to responsibly carry out the stocking activity.

3. (2) A certificate of registration for an institutional aquaculture facility may remain effective for up to 5 years from the date of issuance as identified on the certificate of registration, unless:

   1. (a) amended by the division at the request of the certificate of registration holder;
   2. (b) terminated or modified by the division pursuant to Section R657-59d-8; or
   3. (c) suspended by the division or a court pursuant to Section 23-19-9.

KEY: wildlife, aquaculture, fish

Date of Last Change: November 21, 2023

Authorizing, and Implemented or Interpreted Law: 23A-9-305; 23A-9-203