87-4-603. Fish pond license for private fish pond -- site inspections -- records. (1) A person who owns or lawfully controls a private fish pond shall apply to the department for a fish pond license. The licensee may stock the fish pond with fish procured from a lawful source. The licensee may take fish from the pond in any manner.

(2) The department may designate the species of fish that may be released in the pond and otherwise condition the license if:

(a) there is a possibility of fish escaping from the pond into adjacent streams or lakes; or

(b) in the department's determination, the pond poses a risk of introduction of a pathogen or an invasive species, as defined in 80-7-1003.

(3) (a) "Private fish pond", as used in 87-4-606 and this section, means a body of water that does not exceed 500 surface acres, is determined by the department to not pose an unacceptable risk to game fish or fish species of concern in adjacent waters, including a risk of introduction of a pathogen or an invasive species, as defined in 80-7-1003, and is:

(i) created by artificial means with an associated water right as defined in 85-2-102 that includes the appropriate beneficial use; or

(ii) an instream pond with a tributary spring or stream that does not support game fish or fish species of special concern.

(b) The term does not include all other natural ponds or bodies of water, including streams or rivers and impoundments or reservoirs of or on a natural stream, river, lake, or pond.

(4) An applicant for licensing of an instream private fish pond shall present to the department verification that game fish or fish species of special concern do not occur in the tributary, spring, or stream and that the instream private fish pond does not pose an unacceptable risk to game fish or fish species of special concern in adjacent waters, including a risk from the introduction of a pathogen or an invasive species as defined in 80-7-1003. Verification must be in the form of:

(a) a formal report from a department-approved professional fisheries consultant; or

(b) other department-approved data and documentation.

(5) The department may condition a fish pond license to require the construction, implementation, operation, and maintenance of measures or devices to prevent fish in a private fish pond from escaping into adjacent waters and posing a risk of introduction of a pathogen or invasive species as defined in 80-7-1003. The department may deny a license if these conditions are not met.

(6) A licensee who sells fish, eggs, or fry from a private fish pond must meet these additional requirements:

(a) The license must be renewed annually pursuant to 87-4-606.

(b) Before selling fish, eggs, or fry from the pond, the licensee must provide a corporate surety bond to the state for $2,500. This bond is conditioned on:

(i) maintaining compliance with the terms of the fish pond license issued to the person; and

(ii) not selling fish or spawn from any of the public waters of the state.

(c) A licensee who sells fish or eggs from a private fish pond shall keep accurate records of:

(i) the species and quantities of fish or eggs sold or purchased;

(ii) dates of sales or purchases;

(iii) names of purchasers or sellers;

(iv) fish health inspections or department certifications for the facility or pond, including dates and results;

(v) a purchaser's private fish pond license number and verification that the license was valid for the species of fish or eggs purchased; and

(vi) locations or addresses to or from which fish or eggs are transferred.

(d) On or before January 31 of each year, a licensee who sells fish or eggs shall file a report with the department, on forms made available by the department, summarizing the records required under subsection (6)(c).

(7) A person who owns or controls a private fish pond may request an inspection by the department to ascertain the presence of disease in fish or the illegal introduction of fish species. Whenever the department has reasonable cause to believe that a fish species in the pond may have been illegally introduced or may have a disease that may affect fish in another body of water, the department shall notify the landowner or landowner's agent by mail or in person of the intention to enter upon the land and shall enter only after notice has been given to the landowner or agent or after every reasonable effort has been made to notify the landowner and receive permission to enter upon the land. Thereafter, the department may enter upon land under the provisions of this subsection for the purposes of inspecting the pond, the species of fish in the pond, the presence of disease in a fish species, the construction of any impoundment, dam, or fish barrier, and the physical connection of a pond to an adjacent natural lake, pond, or body of water, including a stream or river. The department is responsible for actual damages to any property.

(8) If the department finds an illegal introduction of fish or the presence of disease in fish in a licensed private fish pond or a natural lake, pond, or body of water, the department shall consult with the landowner or the landowner's agent to determine the appropriate action unless an emergency exists. In an emergency situation, the department may order or take appropriate action to address any threat to the state's fisheries resources, including quarantine or destruction of fish, eggs, or the source of a disease. Whenever privately owned fish are destroyed and the private owner is not responsible for an illegal introduction or the introduction of fish with a disease, the department may replace the destroyed fish without charge to the private owner. A landowner or agent who has granted permission for the department to enter is not considered responsible for an illegal introduction of fish or disease unless proved otherwise.

(9) The department may adopt rules necessary for the regulation of private fish ponds as provided in this section, including but not limited to department certification of a health standard, frequency of department certification, pond design and function, inspections, reporting requirements, and other measures to prevent damage to public fish and wildlife resources.