Facility permit required.

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(1) On or after January 1, 1992, no person shall operate a fish production facility for the purpose of propagating, selling, trading, or transporting live fish or viable gametes unless such fish production facility possesses a valid and current aquaculture facility permit issued by the commissioner.

  1. One or more satellite stations of a fish production facility may operate under oneaquaculture facility permit if all such satellite stations are listed on such facility permit.

  2. Each person seeking to obtain an aquaculture facility permit shall make applicationto the commissioner on forms prescribed and furnished by the commissioner.

  3. An annual facility permit fee in an amount to be established by the commissioner,not to exceed one hundred eighty dollars, shall accompany the application.

  4. No aquaculture facility permit shall be required for persons to obtain and possess livefish for aquaria or private ponds so long as such aquaria or ponds are hydrologically closed systems and are not connected to state waters and so long as live fish which have been held in such aquaria or ponds are not released into state waters.

  5. No aquaculture facility permit shall be required of any federal, state, or county agency or of any person possessing a valid scientific collecting permit who is conducting research or educational activities with lawfully acquired fish, nor shall such permit be required of any zoo accredited by the American association of zoological parks and aquariums; except that such persons and entities must adhere to all other division of parks and wildlife regulations including record-keeping and importation requirements.

  6. Any person who operates or uses an aquaculture facility, whether as owner, operator,lessee, or pursuant to any contract, or who otherwise buys, sells, trades, or acts as a broker of live fish or viable gametes, shall be subject to all applicable regulations including record-keeping and importation requirements.

Source: L. 91: Entire article added, p. 194, § 1, effective June 7.


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