8 Colo. Code Regs. § 1201-21, pt. 4

Current through Register Vol. 47, No. 20, October 25, 2024

Part 4 - APPLICATION AND PERMITTING PROCEDURE

4.1. Applicants for an aquaculture facility permit or renewal of a permit must apply for required permits on forms provided by the Department accompanied by payment of one hundred dollars ($100.00). Each applicant must submit a complete, accurate, and legible application. An additional fee is not required to amend a permit (i.e., add more species).

4.2. Aquaculture facility permits are non-transferable and shall expire December 31 of each year.

4.3. Applications for renewal of an aquaculture facility permit must be received by the Department on or before December 31 of the year preceding the year for which renewal is sought.

4.4. Applicants must list the species of aquatic organisms that they intend to possess.

4.5. A Department or Division employee may make a personal inspection of the applicant's facilities when considering an initial application to determine compliance with these regulations.

4.6. No application for a permit or renewal of a permit will be issued to any facility that possesses any aquatic wildlife that is not approved by the Division pursuant to 2 C.C.R. 406-0, Chapter W-0, Article VII, #012 (2018), incorporated herein by reference and does not include any later amendments or editions. Copies of material incorporated by reference in these Rules are available for public inspection during regular business hours. This incorporated material may be obtained at a reasonable charge or examined by contacting the Animal Health Division, Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021. Further, the incorporated material may be examined at no cost on the Internet at the Colorado Secretary of State's web site: www.sos.state.co.us, or more specifically at:

http://www.sos.state.co.us/CCR/NumericalCCRDocList.do?deptID=13&deptName=400%20Department%20of%20Natural%20Resources&agencyID=134&agencyName=406%20Colorado%20Par ks%20and%20Wildlife%20(406%20Series,%20Wildlife).

4.7. An application for issuance or renewal of an aquaculture permit may be denied in its entirety or limited as to species authorized to be kept if necessary to protect Colorado's wildlife resources or cultured aquatic stock from a negative impact such as:

4.7.1. Potential habitat competition, damage or destruction;

4.7.2. Insufficient biosecurity;

4.7.3. Disruption of migration, breeding, or rearing and survival of young;

4.7.4. Predation;

4.7.5. Danger to humans, domestic livestock or property; or

4.7.6. Disease.

4.8. In the event of a denial of application for permitting or renewal, the Board shall provide written notification to the applicant stating the reasons for denial within sixty (60) days of the receipt of a completed application.

4.9. Review of any denial will be conducted in accordance with §§ 24-4-104 and 105, C.R.S.

8 CCR 1201-21, pt. 4

41 CR 20, October 25, 2018, effective 11/15/2018

46 CR 11, June 10, 2023, effective 6/30/2023