8 CCR 1201-21, pt. 2 - PERMIT REQUIREMENTS

2.1. Except as provided herein, no person may propagate, sell, broker, trade or transport or attempt to propagate, sell, broker, trade or transport any live aquatic organisms unless the aquaculture facility which said person operates first obtains an aquaculture permit as provided in these rules.

2.2. The following persons do not need an aquaculture permit:

2.2.1. A broker who never takes physical possession of live aquatic organisms; or

2.2.2. A person who

2.2.2.1. operates a retail food establishment that holds and displays live aquatic organisms for the purpose of selling such organisms, whether alive or dead, directly to individuals for use as food;

2.2.2.2. when those organisms are from a holding tank that is not hydrologically connected to the waters of the state; and

2.2.2.3. when that person does not propagate, transport, or release live aquatic organisms into the waters of the state.

2.2.3. A bait dealer, who sells live aquatic organisms for use as bait, if:

2.2.3.1. all the live aquatic organisms the bait dealer sells are obtained from a source that has been inspected and certified free of disease in accordance with Division regulations and policies;

2.2.3.2. the dealer maintains records and provides receipts to customers as required in Part 6.5 of these rules; and

2.2.3.3. the dealer registers on a form provided by the Commissioner.

2.2.4. Anyone exempted from such requirement by §§ 35-24.5-109(5) and (6), C.R.S.

2.2.5. A person who transports legally obtained live aquatic organisms for non-commercial personal use or consumption so long as such live aquatic organisms are not released into the waters of the state and so long as the live aquatic organisms are species whose possession the Division allows.

Notes

8 CCR 1201-21, pt. 2

41 CR 20, October 25, 2018, effective 11/15/2018 46 CR 11, June 10, 2023, effective 6/30/2023