(1) (a) Except as provided in Subsections (2) and (3), live aquatic animals may be acquired, purchased, sold, or transferred only from sources that have been health approved by the department or the Division of Wildlife Resources in accordance with policy and rules of the Fish Health Policy Board and assigned a health approval number. (b) (i) The department shall be responsible for certifying as health approved: (A) aquaculture facilities; (B) fee fishing facilities; and (C) any out-of-state source. (ii) The Division of Wildlife Resources shall be responsible for certifying as health approved: (A) public aquaculture facilities within the state; (B) private ponds within the state; and (C) wild populations of aquatic animals in waters of the state. (2) (a) The Division of Wildlife Resources shall waive the health approval requirement for wild populations of aquatic animals pursuant to guidelines of the Fish Health Policy Board. (b) The Fish Health Policy Board shall develop guidelines for waiving the health approval requirement for wild populations of aquatic animals which: (i) are listed by the federal government as threatened or endangered; (ii) are listed by the Division of Wildlife Resources as species of special concern; or (iii) exist in such low numbers that lethal sampling for health approval could threaten the population. (c) When wild populations of aquatic animals are exempted from the health approval requirement, precautions shall be taken to protect other wild populations and any other aquatic animals from undetected pathogens. (3) Subsection (1) does not apply to the sale or transfer of live aquatic animals to an out-of-state destination approved by the receiving state. (4) In certifying a public aquaculture facility as health approved, the Division of Wildlife Resources may use: (a) employees or contractors to conduct the inspection required by Section 4-37-502; and (b) sampling or testing procedures that are more thorough or sensitive in detecting prohibited pathogens than the procedures required by rule.
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