of broodstock for aquaculture system — Facilitation of broodstock transactions — Fees.
A.All catfish, minnows, fingerlings, fish, frogs, and other aquatic species which are legally produced, pursuant to the provisions of Sections 6-311 through 6-317 of this title, shall be confined to the lands and waters of the licensee in such a manner so as to prohibit: 1. Contact with wild fish or other aquatic species in public waters; and 2. Such wild fish or other aquatic species from being commercially harvested from public waters and becoming sold as a wild-born commodity. As used in this paragraph, “wild-born” means wild fish or aquatic species born in public waters and not introduced though aquaculture. B.
1.Except as otherwise provided by this subsection, the Oklahoma Department of Agricultur
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of broodstock for aquaculture system — Facilitation of broodstock transactions — Fees. A. All catfish, minnows, fingerlings, fish, frogs, and other aquatic species which are legally produced, pursuant to the provisions of Sections 6-311 through 6-317 of this title, shall be confined to the lands and waters of the licensee in such a manner so as to prohibit: 1. Contact with wild fish or other aquatic species in public waters; and 2. Such wild fish or other aquatic species from being commercially harvested from public waters and becoming sold as a wild-born commodity. As used in this paragraph, “wild-born” means wild fish or aquatic species born in public waters and not introduced though aquaculture. B. 1. Except as otherwise provided by this subsection, the Oklahoma Department of Agriculture, Food, and Forestry shall not restrict the manner in which persons, licensed pursuant to Sections 6-311 through 6-317 of this title, gather or impound aquatic species raised within the impoundments in their commercial operations. 2. No person shall sell or attempt to sell game fish and/or paddlefish obtained from public waters that have been commingled with privately produced fish subject to the provisions of Sections 6-311 through 6-317 of this title regarding the capture of wild fish or aquatic species for direct sale. A licensed producer may collect both game fish and nongame fish broodstock from public waters using any legal means of take for use in propagation of fish only in a recirculating aquaculture system up to, but not exceeding, the normal possession limit for a person holding a recreational fishing license; provided, that the licensed producer complies with all applicable terms set forth by the Department of Wildlife Conservation. Additionally, such individual broodstock may not be sold and cannot be released back into the wild. Production of fish species considered to be species of special concern, excluding paddlefish (polyodon spathula), along with species prohibited under agency rules and federal threatened and endangered species, is prohibited. C. Meat and any other finished products for human consumption that result from fish spawned in a captive system may be sold in this state or out of state; provided, that the producer or seller obtains the necessary export permits. Live fish of such propagations may also be sold subject to certain restrictions as set forth by rule by the Department. D. The Department may establish a process to facilitate broodstock transactions between the state and licensed in-state aquatic propagators. The Department is authorized to assess a fee necessary to maintain such process and the oversight required for broodstock transactions. Fees imposed shall be reasonable, accessible, and transparent, with clearly defined application requirements, publicly available guidance, and established timelines for application review and approval. The Department may promulgate all rules necessary for the implementation of this subsection. E. The Oklahoma Department of Agriculture, Food, and Forestry may assess import fees for any entity selling live fish within this state that does not possess a valid license for commercial production of aquatic species issued by the Oklahoma Department of Agriculture, Food, and Forestry along with an Oklahoma address subject to regular inspections. Fees shall reflect the costs in- state producers are subjected to when exporting to other states. Each shipment shall include a valid Animal and Plant Health Inspection Service health certificate.