4-37-103 - Definitions.
4-37-103. Definitions.
As used in this chapter:
(1) "Aquaculture" means the controlled cultivation of aquatic animals.
(2) (a) (i) "Aquaculture facility" means any tank, canal, raceway, pond, off-streamreservoir, or other structure used for aquaculture.
(ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishingfacility.
(b) Structures that are separated by more than 1/2 mile, or structures that drain to or aremodified to drain to, different drainages, are considered separate aquaculture facilities regardlessof ownership.
(3) (a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean, oramphibian.
(b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a).
(4) "Fee fishing facility" means a body of water used for holding or rearing fish for thepurpose of providing fishing for a fee or for pecuniary consideration or advantage.
(5) (a) "Private fish pond" means a body of water where privately owned fish arepropagated or kept for a noncommercial purpose.
(b) "Private fish pond" does not include any aquaculture facility or fee fishing facility.
(6) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir,or other structure used for aquaculture by the Division of Wildlife Resources, U.S. Fish andWildlife Service, or an institution of higher education.
(7) "Public fishery resource" means fish produced in public aquaculture facilities andwild and free ranging populations of fish in the surface waters of the state.
Amended by Chapter 69, 2008 General Session