ARSD 74:52:02:35. Criteria for concentrated aquatic animal production facility

A hatchery, fish farm, or other facility is a concentrated aquatic animal production facility for purposes of this chapter if it contains, grows, or holds aquatic animals in either of the following categories: (1) Cold water fish species or other cold water aquatic animals, as defined in § 74:52:02:31, in ponds, raceways, or similar structures which discharge at least 30 days a year but not facilities which produce less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals a year and facilities which feed less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding. (2) Warm water fish species or other warm water aquatic animals, as defined in § 74:52:02:31, in ponds, raceways, or similar structures which discharge at least 30 days a year, but not closed ponds which discharge only during periods of excess runoff or facilities which produce less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals a year.