§ 35-24.5-101. Short Title

This article shall be known and may be cited as the “Colorado Aquaculture Act”. Source: L. 91: Entire article added, p. 189, § 1, effective June 7.

§ 35-24.5-102. Legislative Declaration

The general assembly finds and declares that it is in the interest of the people of the state that the practice of aquaculture be encouraged in order to promote agricultural diversification, augment food supplies, expand employment opportunities, promote economic activity, increase stocks of fish and other aquatic life, protect and better use and manage the […]

§ 35-24.5-103. Definitions

As used in this article, unless the context otherwise requires: “Aquaculture” means the controlled propagation, growth, and harvest of, and subsequent commerce in, cultured aquatic stock, including but not limited to fish and other aquatic vertebrates, mollusks, crustaceans, and algae and other aquatic plants, by an aquaculturist. “Aquaculture facility” means any facility, structure, lake, pond, […]

§ 35-24.5-104. Aquaculture Board

There is hereby created and established in the department an aquaculture board, which shall consist of the following: The five persons who make up the fish health board as established in section 33-5.5-101, C.R.S.; and Two additional members, to be appointed by the commissioner, who are familiar with the commercial marketing or processing of aquatic […]

§ 35-24.5-105. Duties of the Board

The board shall consider, initiate, and recommend rules, not inconsistent with law, to the commissioner concerning the regulation of the aquaculture industry and its markets, except for rules that regulate, control, or otherwise relate to fish health, to the spread of aquatic disease, or to the importation into the state or the distribution and management […]

§ 35-24.5-106. Rules

To carry out the provisions of this article, the board is authorized to consider and recommend to the commissioner appropriate rules to be promulgated pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following: Fees to fund all direct and indirect costs of the administration and enforcement of this article; Standards […]

§ 35-24.5-107. Powers and Duties of the Commissioner

To carry out the provisions of this article, the commissioner is authorized to adopt appropriate rules pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following: Fees to fund all direct and indirect costs of the administration and enforcement of this article and article 5.5 of title 33, C.R.S.; Standards applicable […]

§ 35-24.5-108. Delegation of Duties – Cooperative Agreements

The powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department. After thorough consultation with the board, the department may receive and expend grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any […]

§ 35-24.5-109. Facility Permit Required

On or after January 1, 1992, no person shall operate a fish production facility for the purpose of propagating, selling, trading, or transporting live fish or viable gametes unless such fish production facility possesses a valid and current aquaculture facility permit issued by the commissioner. One or more satellite stations of a fish production facility […]

§ 35-24.5-110. Civil Penalties – Disciplinary Actions

Any person that violates any of the provisions of this article or any rule or regulation promulgated by the commission pursuant to this article may be punished upon a finding of such violation by the commissioner as follows: In any first administrative proceeding, a fine of not less than one hundred dollars nor more than […]

§ 35-24.5-111. Aquaculture Fund Created

All fees and penalties collected pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the aquaculture cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the direct and indirect costs […]