Section R58-27-9 - Aquaculture Facilities, Brokers(1)(a) A license is required to operate an aquaculture facility.(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, shall be licensed as separate facilities regardless of ownership.(c) A separate license and fee are required for each facility defined under "aquaculture facility," Subsection 4-37-103(2), regardless of ownership.(2) The operator of an aquaculture facility may also operate a fee fishing facility pursuant to Subsection 4-37-301(5), provided the fee fishing facility:(a) is within 1/2 mile distance from the aquaculture facility;(b) contains only those species authorized on the license for the aquaculture facility; and(c) is designated on the license for the aquaculture facility.(3) Aquaculture Facilities without health approval may: (a) transfer live aquatic animals to processing facilities or markets provided they are killed upon receipt;(b) transfer live aquatic animals to animals to an out-of-state destination approved by the receiving state; and(c) sell dead aquatic animals.(4) Aquaculture facilities that process aquatic animals by filleting, deboning, skinning, smoking, vacuum packing, or another process may sell product directly to consumers at a market or sell product to grocery stores, restaurants, or other markets. These facilities may need to be registered with the department's Division of Regulatory Services as a food establishment under Rule R70-540 and Section 4-5-301.(5) Aquaculture Facilities with health approval may:(a) Facilities that sell or transfer live aquatic animals shall be health approved by the department pursuant to Sections 4-37-204 and R58-17-13. (i) The department shall grant health approval to facilities that meet the requirements in Section R58-17-5 and the Aquatic Animal Health Inspection Policy.(ii) Each species offered for live sale must be health approved.(b) Laboratory testing cost for inspections shall be at the owner's expense.(c) The department shall collect samples for annual health inspections. The department may charge fees to collect samples for supplemental health inspections.(d) Aquaculture facilities may only sell or transfer live aquatic animals to a person or entity that has been authorized to possess the species and reproductive capacity of the animals by: (i) an aquaculture or fee fishing license issued by the department;(ii) a valid COR issued by the division; or(iii) is otherwise able to possess the animals pursuant to Rules R657-3 and R657-59.(e) Aquaculture facilities with health approval may broker aquatic animals.(i) Brokers shall follow the requirements in Subsection R58-17-13(4).(ii) Brokered aquatic animals shall be directly transferred from the source to the destination and may not enter the waters of the broker's facility.(iii) Brokered animals shall be included in the annual report.(f) Aquaculture facilities with health approval may apply to the Fish Health Policy Board for a variance to engage in aquatic reselling. Aquatic reselling requirements are listed in Subsection R58-17-13(5)(6)(a) Receipts required. Any sale, shipment, or transfer of live aquatic animals shall be accompanied by a receipt.(b) A receipt book or the electronic equivalent will be provided by the department upon request.(c) Receipt criteria are specified by Sections 4-37-204 and R58-17-13:(7)(a) Annual reports are required. Aquaculture facility owners shall submit annual reports of all sales, transfers, purchases, and brokered aquatic animals to the department at the time of the license renewal, pursuant to Sections 4-37-204 and R58-27-7.(b) Report forms will be provided by the department. The report shall contain: (i) sources of aquatic animals including name, address; phone number; license number; and aquatic animal health approval number;(ii) number and weight of aquatic animals acquired, sold or transferred sold by species and reproductive capacity; and(iii) name; address; phone number; and license or COR number of the receiver.(iv) geographic coordinates including latitude, longitude or UTM coordinates of the stocking location shall be provided if the receiver is eligible to stock the aquatic animal without a certificate of registration under Wildlife Board Rules R657-3, R657-53, and R657-59.(c) The department or division may request copies of receipts from an aquaculture facility.(8) The division is responsible for certifying the sterility of salmonids Rule R657-59. (a) Laboratory testing cost for sterility testing shall be at the owner's expense.(b) Aquaculture facilities shall submit laboratory reports to the division for certification of sterility.(c) Aquaculture facilities may request the department collect samples for sterility testing. (i) The department may charge a fee to collect sterility samples.(ii) The department shall submit sterility laboratory reports to the division for certification, if the department collected the samples.(9) Aquaculture facilities may request an aquatic invasive species inspection from the department. (a) The department may charge fees to conduct an aquatic invasive species inspection. Any costs to verify the identification of suspect organisms shall be at the owner's expense.(b) The department shall inspect for species listed in a memorandum of understanding with the division.(c) The department shall provide the aquatic invasive species inspection report to the facility, the division, and any requesting state.Utah Admin. Code R58-27-9
Adopted by Utah State Bulletin Number 2023-01, effective 12/15/2022