(1) Except as provided in this chapter, in the rules of the department made pursuant to Section 4-37-109, rules of the Fish Health Policy Board made pursuant to Section 4-37-503, or in the rules of the Wildlife Board governing species of aquatic animals which may be imported into, possessed, transported, or released within the state, a person may not:
(a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee fishing facility;
(b) transport aquatic animals to or from an aquaculture or fee fishing facility;
(c) stock or propagate aquatic animals in an aquaculture or fee fishing facility;
(d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing facility; or
(e) release aquatic animals into the waters of the state.
(2) If a person commits an act in violation of Subsection (1) and that same act constitutes wanton destruction of protected wildlife as provided in Section 23A-5-311, the person is guilty of a violation of Section 23A-5-311.