(a) Any person intending to operate a private
fish hatchery shall obtain a commercial fish hatchery license and post a surety
bond with the Department in accordance with W.S. § 234 - 102. The owner or
operator shall submit an application, including proper fees, on a form provided
by the department. The application shall be legible, fully completed and
include the following:
(i) The name, complete
mailing address and telephone number of the applicant, the name of the hatchery
and the name of the owner, if different from the applicant.
(ii) The address of the hatchery, the
geographic coordinates of the hatchery or the range, township, section, quarter
(1/4) section and county name.
(iii) The water source and name of the water
that receives effluent from the hatchery.
(iv) The species and source of all fish, fish
eggs or fish gametes to be possessed, propagated, sold, traded or transported
to or from the fish hatchery for which the license application is being made.
(A) Fish used in a private fish hatchery
shall be limited to coldwater, coolwater, warmwater and tropical fish species.
(I) Private fish hatcheries dealing primarily
in tropical or ornamental fish may also be authorized to use nongame fish (as
defined in Commission Regulation Chapter 69, Importation and Possession of Live
Cold-Blooded Wildlife).
(B) The Department may exempt private fish
hatcheries licensed primarily for tropical or ornamental fish from the specific
requirements of this subsection.
(v) A legal description to the
quarter-quarter (1/4 - 1/4) section, or latitudelongitude coordinates in
degrees, minutes and seconds, or in universal transverse mercator (UTM)
coordinates of all fee title lands on which the hatchery will operate shall be
included.
(vi) If fee title lands
are leased for operation of any portion of the hatchery, a copy of the lease
agreement shall be included with the application form.
(vii) Application for a new private fish
hatchery shall also include, but not be limited to, a map and diagrammatic
sketch of all aquaculture facilities, water supplies and effluent drainages.
The name of the stream or body of water into which effluent from the hatchery
is discharged or would possibly be discharged into in the event of flooding
shall be provided. Any ponds shall be identified with a unique name or number
and size in surface acres.
(viii)
Application for transfer of an existing private fish hatchery to a new licensee
shall include a record of fish, fish eggs and fish gametes upon transfer. A new
licensee shall receive the last three (3) years fish production records from
the previous licensee.
(A) Before an existing
private fish hatchery is licensed to a new licensee, the Department may inspect
aquaculture facilities and request full disclosure of all fish production
records for the past three (3) years of operation including complete inventory
of fish, fish eggs or fish gametes at the time of transfer.
(b) Buildings, ponds,
tanks, raceways, or other structures used for the containment of fish separated
by more than one-quarter (1/4) mile, or facilities that lack a common effluent
are considered to be separate facilities, regardless of ownership, and require
a separate commercial fish hatchery license and surety bond. The Chief of
Fisheries may grant an exception to the one-quarter (1/4) mile stipulation for
aquaculture facility separation. Any exception shall be evaluated upon formal
written request submitted to the Department by the applicant.
(c) No wild fish shall be contained or
captured within an aquaculture facility as a result of facility construction,
impoundment of waters, or utilization of existing ponds.
(d) Before a license is issued to operate a
new private fish hatchery, Department personnel may inspect the applicant's
proposed aquaculture facility to ensure protection of Wyoming's wildlife
resources. Aquaculture facilities shall be constructed to meet Department
approval prior to importation or possession of fish, fish eggs or fish gametes.
(i) Private fish hatcheries dealing primarily
in ornamental or tropical fish shall be constructed to include sufficient water
treatment to ensure that fish pathogens and live parasites, plants and animals
are eliminated from all water discharged from the aquaculture
facility.
(e) A licensee
shall be legally responsible for all operations of the private fish hatchery
and the actions of all authorized agents.
(f) A licensee or authorized agent shall not
modify operations from those described on the original license without an
approved amendment.
(i) It shall be a
violation of this regulation for a licensee or authorized agent to possess,
receive, ship, purchase, rear, sell or otherwise dispose of any species of
fish, fish eggs or fish gametes not listed on the license approved by the
Department.
(ii) A detailed request
specifying proposed amendments to the original license shall be submitted to
the Chief of Fisheries for consideration of approval.
(g) A commercial fish hatchery license
expires on the last day of the calendar year for which the license was
issued.
