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.