§ 23A-9-203 — Private fish pond.

(1) A private fish pond is not required to obtain a certificate of registration from the division to receive fish from an aquaculture facility if:

(1)(a) the pond is properly screened as provided in Subsection (3)(c); and
(1)(b) the fish species being stocked is authorized by this chapter or rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (2)(a) Except as provided in Subsection (2)(b), a private fish pond or a short-term fishing event may not be developed or held on:
(2)(a)(i) a natural lake;
(2)(a)(ii) a natural flowing stream; or
(2)(a)(iii) a reservoir constructed on a natural stream channel.
(2)(b) The division may authorize a private fish pond on a natural lake or reservoir constructed on a natural stream channel upon inspecting and determining:
(2)(b)(i) the pond and inlet source of the pond neither contain wild game fish nor are likely to support wild game fish in the future;
(2)(b)(ii) the pond and the pond's intended use will not jeopardize conservation of aquatic wildlife populations or lead to the privatization or commercialization of aquatic wildlife;
(2)(b)(iii) the pond is properly screened as provided in Subsection (3)(c) and otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and applicable law; and
(2)(b)(iv) the pond is not vulnerable to flood or high water events capable of compromising the pond's inlet or outlet screens allowing escapement of privately owned fish into waters of the state.
(2)(c) An authorization issued by the division under Subsection (2)(b) shall be in the form of a certificate of registration.
(3) A person who owns or operates a private fish pond may receive a fish from an aquaculture facility if:

(3)(a) the aquaculture facility has a health approval number required by Section 4-37-501;
(3)(b) the species, strain, and reproductive capability of the fish is authorized by the Wildlife Board in accordance with Subsection (4) for stocking in the area where the private fish pond is located;
(3)(c) the private fish pond is screened in accordance with the Wildlife Board's rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to prevent the fish from moving into or out of the private fish pond;
(3)(d) the fish is not:
(3)(d)(i) released from the private fish pond; or
(3)(d)(ii) transported live to another location; and
(3)(e) the person provides the aquaculture facility with a signed statement that the private fish pond is in compliance with this section.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Wildlife Board may make rules that:

(4)(a) specify the screen requirements to prevent the movement of fish into or out of the private fish pond;
(4)(b) specify the fish species that may not be stocked in a private fish pond located in the state;
(4)(c) establish a location or region where a specified species, strain, and reproductive capability of fish may be stocked in a private fish pond; and
(4)(d) specify procedures and requirements for authorizing development of a private fish pond, fee fishing facility, or aquaculture facility on a natural lake, natural flowing stream, or reservoir on a natural stream channel pursuant to Subsection (2) and Section 4-37-111.
(5) The division may inspect a private fish pond to verify compliance with this section and rules of the Wildlife Board made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Legislative History

Renumbered and Amended by Chapter 103, 2023 General Session