Current through Bulletin 2024-18, September 15, 2024
(1)
(a) "Aquaculture product" means privately
purchased, domestically produced aquatic organisms, or their gametes.
(b) "Aquaculture product" does not mean
aquatic wildlife obtained from the wild, aquatic wildlife produced by the state
or federally owned aquaculture facilities, or ornamental aquatic animal
species.
(2) "Aquaponics
facility" means a facility that combines fish and plant culture for a
non-commercial purpose where:
(a) all water
flowing into or through the facility is completely isolated from any other
water source via a self-contained water transport system;
(b) all water and waste flowing from the
facility is discharged into a permitted sewer or septic system;
(c) the aquatic animals held within the
facility are used for non-commercial purposes only;
(d) no aquatic animals or their gametes are
transported from the facility alive; and
(e) the primary use of the facility is for
food production and not for the general display of fish in aquaria.
(3)
(a) "Event tank" means a tank, container, or
vessel used to hold fish during a short-term fishing event.
(b) "Event tank" does not mean a tank,
container, or vessel that is mounted to a vehicle and used to transport fish to
a destination.
(4)
"Institutional aquaculture" means aquaculture engaged in by a school, college,
university, or other educational program, or public agency other than the
division.
(5) "Lake" means a
naturally formed, perennial or intermittent, non-flowing waterbody that
collects and keeps water in quantity for use
(6) "Natural stream channel" means a body of
water that maintains continuous, seasonal or potential flow, as determined by
the division.
(7)
(a) "Ornamental aquatic animal species" means
any species of fish, mollusk, or crustacean that is cultured for display and
then sold in the United States' aquarium industry for display.
(b) "Ornamental aquatic animal species" does
not include:
(i) fresh water;
(A) sport fish - aquatic animal species
regulated for angling or harvest for recreation or sport;
(B) baitfish - aquatic animal species
authorized for use as bait in Section
R657-13-12, or any other species
used by anglers as bait in sporting fishing;
(C) food fish - aquatic animal species
cultured or harvested from the wild for human consumption; or
(D) native species; or
(ii) aquatic animals and marine aquatic
animals prohibited for importation or possession by any state, federal, or
local law; or
(iii) aquatic animals
and marine aquatic animals listed as prohibited or controlled in Sections
R657-3-22 and
R657-3-23.
(8) "Private fish pond" means a
standing body of water or any fish culture system which:
(a) is not located on a natural lake, natural
flowing stream, or reservoir constructed on a natural stream channel;
(b) is contained entirely on privately owned
land; and
(c) is used for holding
or rearing fish for a private, noncommercial purpose.
(9) "Reservoir" means an artificially
constructed, non-flowing waterbody that is used to collect and keep water in
quantity for use built by damming a natural stream channel.
(10) "Short-term fishing event" means any
event where:
(a) privately acquired fish are
held or confined for a period not to exceed ten days in a temporary event
tank;
(b) for the purposes of
providing a recreational opportunity; and
(c) no fee is charged as a requirement to
fish.
