Section 312IAC9-10-17. Aquaculture permit

   (a) A person must not import, raise, sell, or transport fish into or within Indiana without an aquaculture permit issued under this section, except as provided in:

(1) sections 14 and 15 of this rule; or

(2) subsection (b).

  (b) A permit is not required under this section by a person who possesses fish, other than those listed in 312 IAC 9-6-7, and who is engaged in either of the following:

(1) The production, importation, or sale of live fish exclusively for use in the aquarium pet trade.

(2) The importation of live fish exclusively for confinement and exhibition in a zoo or another public display.

  (c) A person shall apply for an aquaculture permit on a department form. The director may attach any appropriate conditions to a permit.

  (d) A permit issued under this section expires on December 31 of the year of issuance.

  (e) In addition to conditions imposed by the director under subsection (c), the following conditions apply to an aquaculture permit to import, produce, raise, sell, or transport triploid grass carp:

(1) No stocking of triploid grass carp may take place in public waters except as provided in IC 14-22-27.

(2) The seller must deliver and stock the fish.

(3) A copy of each bill of sale and triploidy certification must be:

(A) conveyed to each buyer; and

(B) retained by the permit holder for two (2) years.

(4) A purchaser of triploid grass carp must retain the bill of sale and the triploidy certification for at least two (2) years.

(5) A permit holder must submit a quarterly report on a departmental form not later than the fifteenth day of the month following the end of a quarter, regardless of whether fish have been stocked during the time period.

(6) Fish holding facilities, stocking reports, stocking trucks, other documents required under this subsection, and live fish may be inspected at any reasonable time by the division or a conservation officer. Not more than six (6) fish from a lot or truck load may be removed by the department for verification of the chromosome number.

(7) As used in this subsection and subsection (e), "triploid grass carp" means grass carp certified to be triploid by the U.S. Fish and Wildlife Service.

  (f) In addition to conditions imposed by the director under subsection (c), a person who possesses an aquaculture permit to import, produce, raise, sell, or transport diploid grass carp must comply with the following conditions:

(1) No stocking of diploid grass carp may take place in any public or private waters except as provided in this subsection and IC 14-22-27.

(2) A live diploid grass carp may be possessed only for the purpose of producing triploid grass carp or producing diploid grass carp capable of producing triploid grass carp.

(3) A diploid grass carp may be sold only to a person who holds a valid aquaculture permit.

(4) All diploid grass carp must be held in a closed aquaculture system.

(5) A permit holder who imports, produces, raises, sells, or transports diploid grass carp must submit an annual report to the division on a department form.

(6) A permit holder who imports, produces, raises, sells, or transports diploid grass carp must be capable of accurately determining the number of sets of chromosomes of the fish in the possession of the permit holder under certification procedures of the U.S. Fish and Wildlife Service.

(Natural Resources Commission; 312 IAC 9-10-17; filed May 12, 1997, 10:00 a.m.: 20 IR 2736; filed May 28, 1998, 5:14 p.m.: 21 IR 3730; filed Dec 26, 2001, 2:40 p.m.: 25 IR 1541; readopted filed Jul 28, 2003, 12:00 p.m.: 27 IR 286; filed Sep 23, 2004, 3:00 p.m.: 28 IR 554; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Jul 6, 2010, 1:55 p.m.: 20100804-IR-312090616FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA)