R58-17-15. Exemptions

(1) Aquatic animals that meet the following criteria are exempt from health approval regulation under this rule, licensing under Rule R58-27, COR under Rule R657-3, and entry permit under Section R58-17-12 requirements: (a) ornamental species that are used for display aquariums and not regulated by Rule R657-3 or R657-53, although the exemption does not apply to ornamental species used for aquaculture, including food production or stocking, or that are placed into the waters of the state; (b) live marine seafood imported and possessed for the singular purposes of immediate human consumption that shall be: (i) possessed no longer than 30 days from the date of importation; (ii) acquired from a lawful source and documentation of purchase is retained; (iii) not released in any water source, including sewer systems; and (iv) imported and possessed in compliance with applicable state and federal laws, including the importation and possession requirements in Rule R657-3 or R657-53; (c) live aquatic animals transported to aquatic animal processing plants, provided the animals are killed upon release from the transport vehicle and are not held live; or (d) commercial aquariums or zoos with a valid COR from the division that may transfer species to other aquariums or zoos with a Certificate of Veterinary Inspection. (2) The department reserves the right to allow exemptions and require health approval or licenses or entry permits on a case by case basis.