Section R3-2-1004. Specific Licensing Provisions; Aquaculture Facil- ity; Fee Fishing Facility; Special License Facility

A.      In addition to the application requirements in R3-2-1003, an applicant for a license to operate an aquaculture facility, a fee fishing facility, or a special license facility under A.R.S. § 3- 2908(A) shall provide the following information on a form provided by the Department:

1.        Water sources, transmission, and conveyances;

2.        Method  used   to  dispose  of  tailing  waters  and  solid wastes;

3.        Number and size of ponds, raceways, and tanks, if appli- cable;

4.        Whether hatchery facilities are included;

5.        A list of all animals and plants to be authorized under the license by genus, species, and common name.

B.       An application to culture or possess an aquatic animal or plant that has not previously occurred in the drainage where the facility is located shall be accompanied by a written proposal. The applicant’s proposal shall include:

1.        Anticipated benefits from introducing the species;

2.        Anticipated adverse effects from introducing the species, as it may affect indigenous or game fish, including hybridization;

3.        Anticipated diseases inherent to introducing the species;

4.        Suggestions for post-introduction evaluation of status and impacts of the introduced species; and

5.        Structural and operational methods implemented to pre- vent escape of the species, if applicable.

C.      Each body of water serving a facility shall be contained within the boundaries of the land owned or leased by the licensee.

D.      A facility using public waters having natural or artificial inlets, rivers, creeks, washes, or canals shall provide mechanical screening approved by the Department to prevent live aquatic

animals and plants, including eggs and fry, from escaping beyond the aquaculture facility boundaries or into public bod- ies of water.

E.       An applicant for a special license under A.R.S. § 3-2908(A) shall also provide the following information to the Department at the time of application:

1.        A written narrative describing the project in detail, the project purpose, the hypothesis, and the project duration; and

2.        The proposed disposition of the aquatic animals or plants upon completion of the project.

F.       The Department shall consider the recommendations of the Arizona Game and Fish Department, under A.R.S. § 3-2903, when determining whether to issue a license or an import per- mit under R3-2-1010. The Department may issue a license excluding some of the aquatic animal or plant species listed in the application.

Historical Note

Adopted effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 10 A.A.R. 673, effective April 3, 2004 (Supp. 04-1).