Detail: : 3-2901 Definitions In this chapter, unless the context otherwise requires: 1. "Aquaculture" or "aquaculture facility" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants. 2. "Aquatic animal or plant" means a cultured aquatic wildlife or plant propagated or maintained in an aquaculture facility for distribution or sale. 3. "Aquatic products" means aquatic animals and plants, or their by-products, that are produced, grown, managed, harvested or marketed. 4. "Aquatic wildlife" means amphibians, fish, mollusks, crustaceans and soft shelled turtles found in a state of nature. 5. "Associate director" means the associate director of the division. 6. "Container" means any restrictive enclosure used to contain aquatic products for handling, packing or shipping. 7. "Division" means the animal services division of the ARIZONA department of agriculture. 8. "Fee fishing" means removing aquatic animals by any harvesting method from a privately controlled body of water as authorized by a direct or indirect payment of a fee. 9. "Lot" means one or more consolidated containers identified as a single item or unit. 10. "Owner" means the person in possession of and legally entitled to dispose of aquatic products. 11. "Person" means an individual, partnership, corporation, group, company, society or association. 12. "Processor" means a person who receives and cleans, reshapes or containerizes live or dead aquatic animals or plants for distribution or resale. 13. "Propagate" means to breed or reproduce aquatic animals or plants or cause aquatic animals or plants to breed or reproduce. 14. "Supervisor" means the supervisor of aquaculture or the supervisor's authorized representative. 15. "Transporter" means a person that transports live aquatic animals or plants to persons who are licensed to resell, process or stock aquatic animals or plants.
Detail: : 3-2902 Supervisor of aquaculture The associate director, with the approval of the director, may employ a supervisor of aquaculture. The supervisor shall: 1. Qualify by taking and filing the official oath of office. 2. Possess qualifications consistent with the responsibilities of his position, including: (a) A baccalaureate degree in a field directly related to aquaculture, or the equivalent practical experience. (b) Supervisory experience in aquaculture or similar related fields.
Detail: : 3-2903 Regulatory powers of the director The director may: 1. Regulate the transportation, possession, sale, processing and fee fishing of aquatic animals and plants and establish licensing categories and programs for these activities as provided by this article. 2. Adopt rules as necessary to administer and enforce this article, including rules relating to: (a) Container labels, bills of lading, bills of sale and similar documents that identify contents, quality and quantities of aquatic products, including the names, addresses and other identification of shippers, producers and buyers of aquatic products. (b) Identification of aquatic animals that are transported whole by the consumer from a fee fishing facility. 3. Cooperate with agencies of the United States and of this state to promote the exchange of information and avoid unnecessary duplication of services and regulation. The director shall ensure that the rules adopted under this article shall not impair enforcement of restricted live wildlife rules as promulgated pursuant to title 17. 4. Cooperate with agencies of the United States and this state and universities and other academic and research institutions to promote research and the exchange of information to support and promote the interests of aquaculture. 5. Establish programs to publicize and promote the development of the aquaculture industry in this state. 6. Establish a schedule of fees to compensate for the expense of administering this article, including personnel costs. The amount of each fee shall be set according to the cost of the specific activity for which the fee is imposed.
Detail: : 3-2904 Quality and disease control The director shall adopt rules and guidelines to control the quality of and diseases in aquatic animals and plants. The rules may include: 1. Routine monitoring and diagnostic procedures. 2. Criteria for quarantine, condemnation or destruction requirements. 3. Waiting periods between diagnosis and destruction. 4. Methods of destruction and sanitation. 5. Procedures and standards for compensation.
Detail: : 3-2905 Inspections and certification of facilities A. The department shall establish a schedule of periodic inspections of all licensed facilities to determine and verify compliance with this article and the rules adopted under this article. By applying for and obtaining a license under this article, the licensee is deemed to consent to such periodic inspections. In addition, the director or the director's authorized representative may enter private property at any reasonable time to inspect, obtain factual data and otherwise ascertain compliance with or violations of this article. Inspections shall be on reasonable notice to the owner or manager of the facility unless reasonable grounds exist to believe that such notice would impair the enforcement of this article. If required by law, the director shall obtain a warrant for such unscheduled entry and inspection. B. On request, and with payment of the prescribed fee, the department shall physically inspect an aquatic animal facility for infectious diseases and causative agents. The inspector shall be approved by the director. If the inspector determines that the facility is free of restrictive infectious diseases and causative agents, the inspector shall issue to the facility a certificate to that effect within ten days after completing the inspection. The certificate is valid for one year from the date of the inspection. C. On request and without charge the department shall provide a certificate that an aquaculture facility has been inspected and certified free of restrictive diseases and causative agents within the preceding twelve months. Each shipment or lot shall be accompanied by a certificate identifying the shipment. This subsection does not apply to the transportation of live baitfish for personal use that complies with applicable rules of the game and fish commission.
Detail: : 3-2906 Seizure and quarantine; hearing A. The department may seize, hold, quarantine or dispose of any lot of aquatic products that enters, leaves or is transported in this state if the lot does not comply with this article, rules adopted under this article or federal statutes or rules. B. The owner of a lot of aquatic products that is seized, held or quarantined under this section may request a hearing on the action pursuant to title 41, chapter 6, article 10. The hearing shall be held within ten days after receipt of the request. If evidence produced at the hearing shows that the action was unreasonable, the lot shall be immediately released. Except as provided in section 41-1092.08, subsection H, any person who is adversely affected by the final administrative decision may seek judicial review pursuant to title 12, chapter 7, article 6 in the county in which the lot is held.
Detail: : 3-2907 Licenses; fee; exemption A. A person may not engage in any of the following activities relating to aquaculture unless the person possesses a current valid license issued by the division: 1. Aquaculture facility activities, including selling, trading, displaying, purchasing, exporting, possessing, propagating and rearing live aquatic animals or plants. 2. Transporting live aquatic animals to persons who are licensed to resell, process or stock aquatic animals. 3. Processing facility activities, including cleaning, reshaping or packing fresh or frozen aquatic animals or plants for distribution or resale. 4. Operating a fee fishing facility that permits the public to remove aquatic animals by any harvesting method from a privately controlled body of water as authorized by the direct or indirect payment of a fee. B. This chapter does not apply to state or federal game and fish agencies. C. Each facility or transporter must be separately licensed with the division including payment of the prescribed fee. D. Each license issued under this section shall state the name and business address of the licensee, the name and address of the person designated as the licensee's agent to the division, the location of the premises for which it is issued, other than a transporter, and any other information deemed necessary by the director. E. A licensee may not transfer or convey the license to any other person or entity. The license is valid only for the named licensee and for the particular premises identified on the license. If there is a transfer or change in the ownership of a licensee or the premises identified on the license, or a change in the licensee's agent, the licensee shall notify the division within thirty days. F. A license is valid for one year from the date prescribed by the associate director. The license may be renewed by applying and paying the required renewal fee at any time within thirty days before the license expires. If a license expires, it may be renewed within ninety days after expiration by paying an additional prescribed fee increment. A license that has been expired for more than ninety days may not be renewed. G. An application for an original or renewal license under this section shall be submitted to the division together with the appropriate fee on a form furnished by the department. An applicant shall furnish any additional information that may be required. H. Within thirty days after receiving the completed application, the division shall either issue or deny the license. The division shall issue a license, in the name under which the applicant proposes to conduct business, to an applicant that has satisfied the licensing procedures and requirements of this article. If the applicant fails to meet the requirements for an original or renewal license under this article, the associate director shall notify the applicant by certified mail stating the reasons for the denial and advising the applicant of the right to request a hearing pursuant to title 41, chapter 6, article 10. The applicant must request the hearing in writing within thirty days after the date the notice is mailed. The associate director shall schedule the hearing to be held within thirty days after the request is received. If the record made at the hearing discloses that the applicant meets the qualifications and other requirements of this chapter, the hearing officer shall enter an order to that effect and direct that the appropriate license be issued. If the applicant is found to be unqualified or otherwise fails to meet the requirements of this article, the hearing officer shall enter an order to that effect. I. The application for an original or renewal license shall be accompanied by a license fee set by the director according to the cost of administering this article, but not less than one hundred dollars. J. A person who sells aquatic products at retail is exempt from the requirements of this section unless the person engages in any of the activities required to be licensed under subsection A.
Detail: : 3-2908 Special licenses A. The division may issue special aquaculture licenses for purposes of education and research institutional needs pursuant to rules adopted by the director. Special aquaculture licenses are not renewable and may be issued for not more than three year terms. B. The fee prescribed by the director for a special license shall not exceed one hundred dollars.
Detail: : 3-2909 Protecting aquatic wildlife The ARIZONA department of agriculture shall prescribe restrictions on supply water and tailing water discharges from an aquaculture facility if the department or the game and fish department determines that the waters are detrimental to aquatic wildlife.
Unauthorized removal of aquatic animals or plants from aquaculture facility; classification
Detail: : 3-2910 Unauthorized removal of aquatic animals or plants from aquaculture facility; classification A person who removes aquatic animals or plants by any method from an aquaculture facility without the consent of the owner or manager of the facility is guilty of a class 1 misdemeanor.
Cease and desist orders; hearing; subpoena; injunctions; revocation or suspension of license; probation
Detail: : 3-2911 Cease and desist orders; hearing; subpoena; injunctions; revocation or suspension of license; probation A. If the associate director has reason to believe that a person is violating or has violated a provision of or rule adopted under this article or the conditions of a license issued under this article, the associate director shall give the person written notice by certified mail that the person shall appear and show cause at a hearing conducted pursuant to title 41, chapter 6, article 10 not less than thirty days after the date of mailing the notice why the person should not be ordered to cease and desist from the violation. The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear. B. At the hearing the administrative law judge shall issue a decision and order. The decision and order may take such form as the administrative law judge determines to be reasonable and appropriate and shall include a determination of violation, a cease and desist order or the recommendation of a civil penalty. C. If the person continues the violation after the administrative law judge has issued a final decision and order under subsection B, the associate director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court according to the ARIZONA rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator. D. In addition or as an alternative to seeking injunctive relief under subsection C, if the associate director finds that a licensee has violated or failed to comply with this article or a rule adopted under this article, the associate director may: 1. Suspend the license for a definite period of time. 2. Revoke the license. 3. Place the person whose license has been suspended on probation. If the assistant director places the licensee on probation and allows the licensee to continue to operate, that fact shall be entered into the records of the division relating to the suspension and probation.
Detail: : 3-2912 Civil penalties A. The director may assess a civil penalty in an amount not exceeding one hundred dollars per day of violation against any person who is determined pursuant to section 3-2911 to be in violation of this article, the rules adopted pursuant to this article or the terms and conditions of a license issued under this article. B. The director shall bring any action to recover the penalties under this section in the superior court in the county in which the violation occurred. C. In determining the amount of the penalty, the court shall consider whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information. D. All monies collected as civil penalties under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
Detail: : 3-2913 Aquaculture fund A. The aquaculture fund is established consisting of revenues received from fees and all other sources under this article except civil penalties under section 3-2912. The monies collected constitute a separate and permanent fund for the use of the director in administering and enforcing this article. B. The director shall administer the fund. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund. C. Any monies remaining unexpended in the fund on June 30 each year shall be carried forward to the following year and the director shall take that amount into account in computing and setting fees under this article for that year.
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