Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Search]
[Utah Administrative Code Table of Contents]
[Title R058. Table of Contents]
R58-17-1 Authority and Purpose.
(A) This rule is promulgated under the authority of Section 4-37-101 (et seq.) Amendments, Subsection 4-2-2 (j) and 4-37-503.
(B) It is the intent of this rule to establish a program for the registration and fish health monitoring of aquaculture facilities, fee-fishing facilities, public aquaculture facilities, public fishery resources, private fish ponds, institutional facilities, private stocking, short-term fishing events and displays. This rule also addresses the importation (entry) of aquatic animals (including fish, fish eggs, gametes) into the State of Utah and establishes requirements for health approval of aquatic animals and their sources. The program is based on the monitoring of facility operations and aquatic animal movements to prevent the exposure to and spread of pathogens or diseases which adversely affect both cultured and wild aquatic animal stocks.
(C) Persons engaged in any of the aquatic animal operations listed in R58-17-1(B) must comply with the rules concerning site selection and species control under Department of Agriculture and Food 4-37-201 (3)and 4-37-301 (3) and Department of Natural Resources rules R657-3 and R657-16.
(D) This rule is part of a statewide aquaculture disease control effort that includes procedures and policies adopted by the Fish Health Policy Board.
R58-17-2 Definitions.
(A) The following terms are defined for the purpose of this rule:
(1) "Aquaculture" means the controlled cultivation of aquatic animals. In this rule, the word "aquaculture" refers to commercial aquaculture.
(2)(a) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, fish processing plant or other structure used for aquaculture. "Aquaculture facility" does not include any public aquaculture facility or fee fishing facility, as defined in this rule.
(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, are considered separate aquaculture facilities regardless of ownership.
(3)(a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean, or amphibian.
(b) "Aquatic animal" includes a gamete of any species listed in definitions under Section (3)(a).
(4) "Brokers and dealers" are individuals or companies that are in the business of buying, selling, exchanging or transferring live aquatic animals without being actively involved in the culture, rearing or growth of the animals. This includes a person or company who rears aquatic animals, but also buys and sells additional aquatic animals without rearing them pursuant to R58-17-14(D).
(5) "Certificate of Registration (COR)" means an official document which registers facilities with the Department of Agriculture and Food or which registers facilities and events with the Division of Wildlife Resources pursuant to R58-17-4. The purpose of the document is to establish the legal description of the facility, the species of aquatic animals reared and to grant the authority to engage in the described activity.
(6) "Department" means the Department of Agriculture and Food with appropriate regulatory responsibility pursuant to 58-17-4[Ed.Note: Apparent Utah Code Ref. not found.] (A)(1) in accordance with the provisions of Sections 4-2-2 and 4-37-104 , Utah Code.
(7) "Division" means the Division of Wildlife Resources in the Department of Natural Resources with the appropriate regulatory responsibility pursuant to R58-17-4(A)(2) in accordance with the provisions of Sections 4-2-2 and 4-37-104 , Utah Code.
(8) "Egg only sources" refers to a separate category of salmonid fish health approval that allows for the purchase of "fish eggs only" from a facility pursuant to R58-17-15(B)(5) and (D)(1). This category makes the distinction between those pathogens that are vertically transmitted (from parent to offspring through the egg, i.e., Renibacterium salmoninarum (BKD), IHNV, IPNV, OMV, VHSV) and those horizontally transmitted (from one fish to another by contact or association, i.e., Aeromonas salmonicida, Asian tapeworm, Ceratomyxa shasta, PKX, Myxobolus cerebralis (whirling disease), and Yersinia ruckeri).
(9) "Emergency prohibited pathogen" is a pathogen that causes high morbidity and high mortality, is exotic to Utah, and requires immediate action. This type of pathogen generally cannot be treated and is controlled through avoidance, eradication, and disinfection (see R58-17-20).
(10) "Emergency Response Procedures" are procedures approved by the Fish Health Policy Board to be activated any time an emergency prohibited or prohibited pathogen is reported pursuant to R58-17-9 and R58-17-15(D)(6).
(11) "Emergency response team" means teams as approved by the Fish Health Policy Board responsible for developing and executing action plans to respond to and report findings of emergency prohibited or prohibited pathogens pursuant to R58-17-10(A)(1) and R58-17-10(B)(1).
(12) "Entry Permit" means an official document issued by the Department which grants permission to the permit holder to import aquatic animals into Utah. An entry permit is issued for a 30 day period and stipulates which species, size or age, weight and source of aquatic animals are to be imported.
(13) "Fee fishing facility" means a body of water used for holding or rearing aquatic animals for the purpose of providing fishing for a fee or for pecuniary consideration or advantage.
(14) "Fish health approved/approval" means a system of procedures and processes which allows an assessment of the disease history of a facility or population of aquatic animals and which grants a statistical assurance that neither "emergency prohibited" nor "prohibited" pathogens are present. Fish Health Approval status is granted to COR holders in Utah and to aquatic animal sources outside of Utah, all of which have satisfactorily completed health approval assessment requirements pursuant to R58-17-15, have been assigned a health approval number, and placed on the fish health approval list (R58-17-13(C)). Fish health approval is necessary before buying, selling or brokering aquatic animals within Utah or importing aquatic animals into Utah.
(15) "Fish Health Policy Board" means the board created pursuant to Amendment 4-37-503.
(16) "Fish processing plant" means a facility used for receiving whole dead, eviscerated fresh or frozen fish for processing.
(17) "Import/importation" means to bring live aquatic animals, by any means into the State of Utah from any location outside the state and to subsequently possess and use them for any purpose.
(18) "Institutional aquaculture" means aquaculture engaged in by any institution of higher learning, school, or other educational program.
(19) "Ornamental fish" means any species of aquatic animals that are reared or marketed for their beauty or exotic characteristics, rather than for consumptive or recreational use. Tropical fish, goldfish and koi are included in the category of ornamental fish. This does not include those species of aquatic animals listed as prohibited or controlled in Department of Natural Resources rule R657-3. Ornamental fish are not regulated under rules R58-17 or R657-3. If the Department or Division determines that an introduction of ornamental fish poses a disease risk for aquatic animals, then all requirements under this rule apply.
(20)(a) "Private fish pond" means a body of water where privately owned aquatic animals are propagated or kept.
(b) "Private fish pond" does not include any aquaculture facility or fee fishing facility.
(21) "Procedures for the Timely Reporting of Pathogens" means procedures approved by the Fish Health Policy Board for the timely reporting of emergency prohibited, prohibited, or reportable pathogens from any source in Utah or from any out-of-state health approved source pursuant to R58-17-9 and R58-17-15(D)(5).
(22) "Prohibited pathogen" is a pathogen that can cause high morbidity or high mortality, may be endemic to Utah, and requires action in a reasonable time frame. A prohibited pathogen is generally very difficult or impossible to treat and is controlled through avoidance, eradication, and disinfection (see R58-17-20).
(23)(a) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division, the U.S. Fish and Wildlife Service, or an institution of higher education.
(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain into different drainages, are considered separate public aquaculture facilities.
(24) "Public fishery resource" means aquatic animals produced in public aquaculture facilities and wild and free ranging populations of aquatic animals in the surface waters of the state.
(25) "Quarantine" means the restriction of movement of live aquatic animals regardless of age and of all equipment and hauling trucks into or from an area designated by the Commissioner of Agriculture or State Veterinarian pursuant to R58-17-10 and Agricultural code 4-31-16 and 17.
(26) "Reportable pathogen" is a pathogen that generally is not a problem if good management practices are followed. It is possible to prevent or treat a reportable pathogen. Reportable pathogens are not prohibited in Utah but may be prohibited in some other states or countries. These pathogens are of concern because of their possible effect on commerce in aquatic animals (see R58-17-20).
(27) "Source" means the rearing or holding environment of an aquatic animal.
(28) "Unregulated pathogen" is a pathogen that is not regulated in Utah. Unregulated pathogens include all pathogens not classified as either emergency prohibited, prohibited, or reportable. Reporting of these pathogens to the Fish Health Policy Board is not required (see R58-17-20).
R58-17-3 Penalties.
Any violation of or failure to comply with any provision of this rule or R657-16 or any specific requirement contained in a certificate of registration or entry permit issued pursuant to this rule or R657-16 may be grounds for issuance of citations, levying of fines, revocation of the certificate of registration or denial of future certificates of registration pursuant to Subsections 4-2-2 (1)(f) and 4-2-15 (1), as determined by the Commissioner of Agriculture and Food and pursuant to Sections 23-19-9 and 23-13-11 , as determined by the Director of the Division of Wildlife Resources.
R58-17-4 Certificate of Registration (COR) Required.
(A) Activities requiring a COR:
(1) A COR, issued by the Department, is required before a person may engage in the following activities within the State of Utah:
(a) Operate an aquaculture facility.
(b) Operate a fee-fishing facility.
(c) Operate a fish processing plant.
(2) A COR, issued by the Division, is required for operation of the following activities within the State of Utah:
(a) public aquaculture facilities;.
(b) private fish ponds (R657-16-10);
(c) institutional aquaculture facilities (R657-16-13);
(d) short term fishing events (R657-16-11);
(e) private stocking (R657-16-12);
(f) displays (R657-16-14).
(3) One of the above CORs must be in place prior to the issuance of an entry permit for importing live aquatic animals into Utah.
(B) No refunds may be given. Sales of CORs are final.
R58-17-5 Species Allowed.
(A) Pursuant to Department of Natural Resources rule R657-3, only those species approved by the Wildlife Board and listed on the COR may be used in conjunction with the activity listed on the COR.
(B) Pursuant to 4-37-105 (1), 4-37-201 (3)(B) and 4-37-301 (3)(B) the Department shall coordinate with the Division to determine which species the holder of a COR may propagate, possess, transport or sell.
(C) The Department will insure that the species described on CORs and entry permits issued by the Department are those approved by the Division.
R58-17-6 Qualifying Waters.
(A) An aquaculture facility, fee-fishing facility or private fish pond may not be developed on natural lakes, natural flowing streams, or reservoirs constructed on natural stream channels. Other water, including canals, offstream reservoirs, and excavated ponds or raceways will be considered for use as an aquaculture or fee-fishing facility.
(B) During the COR application process, the Department shall coordinate with the Division to determine the suitability of the proposed site pursuant to R58-17-6(A), 4-37-111 , 4-37-201 (3) and 4-37-301 (3).
R58-17-7 Screens Required.
(A) Screens or other devices that are designed to prevent the movement of fish into or out of an aquaculture facility, fee-fishing facility, public aquaculture facility, private fish pond, institutional aquaculture facility, short term fishing event or display must be placed at the inflow and outflow. The presence of adequate screening or other devices is a precondition to issuance or renewal of CORs.
(B) As part of the COR issuance process, the Department or the Division shall make site visits and determine the adequacy of screening.
(C) During and following the COR application process, the Department or Division may inspect screening or other devices in their respective areas of responsibility to assure compliance with Subsections R58-17-7(A) and (B) during reasonable hours.
(D) It is the responsibility of the COR holder to report to the Department or Division, depending on which agency issued the COR, all escapements of aquatic animals from facilities. This is to be done within 72 hours of the loss or knowledge of the loss. The report shall include facility names, date of loss, estimate of number of aquatic animals lost, names of public water the aquatic animals escaped into, remedial actions taken, and plans for future remedial action. The COR holder and/or facility operator will bear all costs for remedial actions. The Department or Division shall notify all agencies and affected parties within two working days. The agency having responsibility may suspend all activities at the facility, including aquatic animal imports, transfers, sales, fishing, etc., until the investigation and remedial actions are completed.
R58-17-8 Application and Renewal of Certificates of Registration (CORs).
(A) Application process.
(1) For application procedures pursuant to R58-17-4, contact the Fish Health Program of the Department at 350 N. Redwood Road, Box 146500, Salt Lake City, UT 84114-6500 or the Wildlife Registration Office of the Division at 1594 West North Temple, Suite 2110, Salt Lake City, UT 84114-6301.
(2) The application form must be completed and sent to the appropriate address with the required fee. Forms that are incomplete, incorrect or not accompanied by the required fee may be returned.
(3) Department or Division approval of the site and species will be done at the earliest possible date. The Department will make every effort to process applications submitted to it within two weeks pursuant to 4-37-201 (3) and 4-37-301 (3). Pursuant to R657-16-4, applications submitted under the jurisdiction of the Division require up to 45 days for processing, except for short-term fishing events, which require up to 10 days.
(4) Upon approval, a written COR and COR number will be issued. This certificate will be sent to the facility owner or operator and should be filed for 2 years pursuant to Section 4-37-110.
(5) If the application is denied, a written explanation will be sent to the applicant.
(B) Renewal process.
(1) All CORs are valid for the calendar year issued and will remain valid until January 31 of the following year unless renewed sooner.
(2) CORs are renewed annually by submitting a completed application and the required fee to the Department or Division, and by complying with all other applicable renewal criteria.
(3) Failure to renew the COR annually may result in the loss of health approval, denial of future CORs, and the removal or destruction of the live aquatic animals at the facility.
(C) CORs are not transferrable.
R58-17-9 Reporting Fish Diseases.
Persons involved in aquaculture and being regulated by this rule, having knowledge of the existence in the state of any of the diseases currently on the pathogen list, Subsection R58-17-15(D)(2), (3), and (4), shall report it to the Department, Fish Health Program or the Division, Aquatics Section. The Department or Division will follow the Procedures for the Timely Reporting of Pathogens and the Emergency Response Procedures developed by the Fish Health Policy Board in determining reporting and response procedures. All confirmed findings of pathogens pursuant to R58-17-15(D)(2), (3), and (4), determined from such incidents or from inspections or diagnostic work initiated by the Department or the Division, will be reported to the Fish Health Policy Board.
R58-17-10 Quarantine of Aquatic Animals and Premises.
(A) If evidence exists that the aquatic animals of any facility are infected with or have been exposed to pathogens pursuant to R58-17-15(D)(2) and (3), then a quarantine may be imposed by the Commissioner of Agriculture or the State Veterinarian. This action may be reviewed by the Fish Health Policy Board for recommendations to the Department.
(1) Lifting of the quarantine imposed on a facility infected with or exposed to emergency or prohibited pathogens requires a minimum of two negative tests, six months apart, of all lots of fish to verify the absence of the pathogen. In addition, the Department may require disinfection of the facilities and equipment in accordance with current medical knowledge of the organism, American Fisheries Society Blue Book procedures, and guidelines set forth by the Emergency Response Team.
(2) If the Department has reasonable evidence that the contagion is still present pursuant to R58-17-11, then quarantine, closure, or other measures shall be imposed.
(B) A quarantine may be imposed by the Commissioner of Agriculture or the State Veterinarian where aquatic animals are possessed, transported or transferred in violation of this rule, wildlife rules, or statute and consequently pose a possible disease threat; or where a quarantine is reasonably necessary to protect aquatic animals within the state. This action may be reviewed by the Fish Health Policy Board for recommendations to the Department.
(1) Quarantines imposed on facilities for rule or statute violations or for purposes of protecting aquatic animals may be lifted once sufficient evidence is presented to the State Veterinarian's satisfaction that infection is not present at the facility. In addition, the Department may require disinfection of the facilities and equipment in accordance with current medical knowledge of the organism, American Fisheries Society Blue Book procedures, and guidelines set forth by the Emergency Response Team.
(2) If the Department has reasonable evidence that the contagion is present pursuant to R58-17-11, then quarantine, closure, or other measures shall be imposed.
(C) Any person under quarantine who delivers aquatic animals from health-approved sources for other public or private aquaculture facilities may, with written permission from the Department, use their hauling trucks if the operator either houses the truck off the quarantined facility, or disinfects the truck according to Department recommendations each time it leaves the quarantined facility.
R58-17-11 Handling of Aquatic Animals and Premises Confirmed to Be Infected With a Listed Pathogen in R58-17-15(D).
(A) Where any facility or group of aquatic animals is confirmed to be infected with one or more of the pathogens listed in R58-17-15(D), the Commissioner of Agriculture and Food or State Veterinarian may place a quarantine and take steps to prevent the spread of the pathogen and to eliminate it from the facility. These actions may be reviewed by the Fish Health Policy Board for recommendations to the Department. The Department or Division, in their respective areas of responsibility, may take one or more of the following actions as listed below, depending on which pathogen is involved and the potential effects of the pathogen on the receiving water, neighboring aquaculture facilities or the public fishery resource.
(1) Destruction and disposal of all infected and exposed aquatic animals.
(2) Cleaning and disinfection or disposal of all handling equipment.
(3) Testing is required of all lots of fish, which may be at the owner's expense, to detect the presence or spread of the pathogen. This may include the use of sentinel fish. After two negative tests, six months apart, the quarantine shall be reassessed, possibly released, and/or other measures may be imposed. Following removal of the quarantine, full restocking can begin.
(4) The infected aquatic animals may be allowed to remain on the premises through the production cycle depending on the pathogen involved and its potential effects on adjacent animals. All stocks within the facility shall be tested every 6 months or sooner to determine if the pathogen persists in infecting the aquatic animals. At the end of the production cycle, then testing shall be done at least annually. If the pathogen is not found after two consecutive annual inspections, then testing may revert to the original requirements for the facility. If security of the facility cannot or is not being maintained, immediate destruction of the stocks may be required.
R58-17-12 Statement of Variances.
Circumstances may arise which cannot be adequately addressed or resolved with this rule. The Fish Health Policy Board may grant specific variances to the rule if the following conditions are met:
(A) The variance is based on scientifically sound information and rationale.
(B) The variance will cause no threat to other aquaculture operations, state or private, or to wild fish populations.
(C) The variance is documented appropriately.
R58-17-13 Importation of Aquatic Animals or Aquaculture Products Into Utah.
(A) An official ENTRY PERMIT is required to import live aquatic animals or their gametes into Utah from any location outside the state. This permit is in addition to the COR for operation of the facility. The entry permit can be obtained at no charge by contacting the Department, Fish Health Program and providing the following information:
(1) Name, address, phone number and COR number of importer.
(2) Species, size and/or number of aquatic animals or eggs to be imported.
(3) Name and health approval number of sources, origin of aquatic animals/eggs, transfer history, and approximate date of shipment.
(4) For international shipments, a certificate of veterinary inspection from the source must be obtained by the importer indicating that known nuisance species are not found in the water source.
(B) Each shipment of live aquatic animals/eggs must be approved individually. A copy of the entry permit will be sent to the requesting party and a copy must accompany the shipment. The permit holder shall allow one to two weeks for the Department to verify the health approval status of the source and to verify approved species status pursuant to R58-17-5.
(C) All shipments of live aquatic animals must originate from sources that have been health approved by the Department pursuant to R58-17-15(A)(2) and assigned a fish health approval number. A list of approved sources is maintained by the Department, but cannot be published due to frequent updates. Information on approved sources may only be obtained by contacting the Department Fish Health Program.
(D) All importations must be species that have been approved by the Wildlife Board and the Division pursuant to R657-3 and 4-37-105 (1).
(E) To import live grass carp (Ctenopharyngodon idella), a COR and an ENTRY PERMIT are required. In addition, the fish must also be verified as being triploid (sterile) by a source acceptable to the Department. A U. S. Fish and Wildlife Service triploid verification form must be obtained from the supplier as required in R657-16-7. Both this form and the Department's statement verifying treatment or testing for the Asian tapeworm must be on file with the Department prior to shipment of the fish. Copies of the entry permit, treatment and testing statement and the triploid verification forms must accompany the fish during transit. The statement verifying treatment or testing is also required for all aquatic animal species that are known or reported hosts or carriers of the Asian tapeworm.
(F) The State Veterinarian may require treatment or testing of any aquatic animal species in accordance with current medical knowledge before importation.
(G) Whole dead and eviscerated fresh or frozen salmonid fish may be imported into Utah for processing at a fish processing plant without an Entry Permit. Waste products, i.e., carcasses, viscera and waste water, must be incinerated, buried with quick lime, composted, digested, or disposed of by means acceptable to the Department to deter spread of pathogens by water or animals. The Department may apply the requirements in this section to other species of aquatic animals and pathogens if future needs arise.
(H) Placement of dead fish, fish parts, or fish waste products from a fish processing plant into public waters for any reason is illegal. Proper disposal is the responsibility of the processor/broker.
(I) All transport vehicles, carrying aquatic animals imported into Utah or transported through Utah pursuant to R58-17-14(C), must have proper documentation. The lack of proper documentation and/or the findings of an inspection may result in entry denial, fines, or other Department actions. All inspection costs will be born by the importer.
R58-17-14 Buying, Selling, and Transporting Aquatic Animals.
(A) Buying aquatic animals:
Live aquatic animals, except ornamental fish, may be purchased or acquired only by persons who have a valid COR to possess such animals. This applies to separate facilities owned by the same individual. Live aquatic animals must be purchased only from sources that either are located in-state and have a valid COR for commercial aquaculture or are located outside of Utah. In both cases, the sources must also be on the current fish health approval list.
(B) Selling aquatic animals:
Live aquatic animals, except ornamental fish, may be sold only by a person or entity located in-state who possesses a valid COR for aquaculture or by a person located outside of Utah. Current listing for each species on the fish health approval list is also required. Within Utah, an aquaculture facility operator may only sell or transfer live aquatic animals to a person or entity, which has been issued a valid COR to possess such animals.
(C) Transporting aquatic animals:
(1) Any person possessing a valid COR may transport the live aquatic animals specified on the COR to their facility or approved site.
(2) All transfers or shipments of live aquatic animals within Utah, except ornamental fish, must be accompanied by documentation of the source and destination, including:
(a) Name, address, phone number, COR number and COR expiration date, fish health approval number and expiration date of source and transfer history.
(b) Species, size, number or weight being shipped.
(c) Name, address, phone number, COR number and COR expiration date of the destination.
(d) Date of transaction.
(3) Live aquatic animals may be shipped through Utah without a COR, provided that the animals will not be sold, released or transferred, the products remain in the original container, water from the out-of-state source is not exchanged or released, and the shipment is in Utah no longer than 72 hours. Proof of legal ownership, origin of aquatic animals and destination must accompany the shipment.
(4) Any person who hauls fish may transport a species other than those listed on their COR provided the source facility and destination both have a valid COR to possess that species.
(5) No person may move or cause to be moved aquatic animals from a facility known to be exposed to or infected with any of the diseases currently on the pathogen list, R58-17-15(D)(2) through (4), without first reporting it to the appropriate regulating agency pursuant to R58-17-9 and receiving written authorization to move the aquatic animals.
(D) Brokers and Dealers:
(1) Brokers and Dealers must follow the same requirements that other producers do with respect to importation, fish health approval of their facility and their source facilities and assuring that live sales are only made to those with valid CORs.
(2) To gain fish health approval, brokers and dealers must obtain health approval for all their source facilities.
R58-17-15 Aquatic Animal Health Approval.
(A) Live aquatic animals, except ornamental fish, may be acquired, purchased, sold or transferred only from sources which have been granted health approval by the Department and assigned a fish health approval number. This applies to separate facilities owned by the same individual and to both in-state and out-of-state facilities.
(1) Within Utah, the Department shall be responsible for granting health approval and assigning an aquatic animal health approval number to aquaculture facilities, fee-fishing facilities and any out-of-state sources pursuant to amendment 4-37-501 (1). The Division shall be responsible for granting health approval and assigning an aquatic animal health approval number to public aquaculture facilities within the state, private fish ponds within the state, and wild populations of aquatic animals in waters of the state pursuant to amendment 4-37-501 (1).
(2) The Department is responsible for granting health approval for the importation into or transportation through Utah of aquatic animals.
(3) The Fish Health Policy Board may review health approval actions of the Department and/or the Division.
(B) Basis for Health Approval:
(1) Health approval for salmonid species is based on the statistical attribute sampling of fish from each lot on the facility in accordance with current American Fisheries Society Blue Book procedures. This shall require minimum sampling at the 95% confidence level, assuming a 5% carrier incidence for the prohibited pathogens, pursuant to R58-17-15(D)(2) and (3). Health approval is applied to the entire facility, not individual lots of fish.
(2) All lots of fish shall be sampled. Approval will be withheld if a pathogen listed under R58-17-15(D)(2) or (3) is detected in any of the lots.
(3) For brood facilities, lethal sampling may be required on the brood fish if the following conditions are not met:
(a) Progeny are available at the facility for lethal sampling.
(b) A statistically valid sample of ovarian fluids from ripe females is tested.
(4) Collection, transportation and laboratory testing of the samples will follow standard procedures specified by the Department, the Division and the Fish Health Policy Board. Inspections will be conducted under the direction of an individual who has received certification by the American Fisheries Society as a fish health inspector.
(5) EGG ONLY sources - A facility which cannot gain full fish health approval because of a horizontally transmitted pathogen, may be approved to sell eggs provided they are free of the listed vertically transmitted pathogens pursuant to R58-17-15(D)(1) and are properly disinfected using approved methods prior to shipment. Eggs may be required to be from incubation units isolated from hatchery and open water supplies and to be from fish-free water sources.
(6) Health approval for warm water species is based on disease history information obtained from the producer, fish pathologists or other fish health professionals in the producer's state or locale. Standardized inspection protocols for warm water fish diseases have not been developed. The agency having responsibility will discuss the disease history of the facility with the producer, and then may contact local fish health professionals to identify any existing or potential disease problems.
(7) Under no circumstances shall health approval be granted to a facility using emergency prohibited or prohibited pathogen contaminated water as a source.
(C) Approval Procedures:
(1) Applicable to warm and cold water aquatic animals.
(a) To receive initial fish health approval, inspection reports or other evidence of the disease status of an aquaculture facility or public aquaculture facility must be submitted to the appropriate agency. For warm water aquatic animal approval, the "Application for Warm Water Species Fish Health Approval " form must be submitted for initial approval and for renewal pursuant to R58-17-15(B)(6). Initial approval also requires the applicant to include information on origins of the aquatic animals at the facility and their transfer histories. The same application materials shall be required annually for renewal of fish health approval for activities occurring between applications.
(b) Inspections are conducted pursuant to UCA amendment 4-37-502 to detect the presence of any prohibited pathogens listed under R58-17-15(D)(2) and (3). Overt disease need not be evident to disqualify a facility. To qualify for initial and renewal of aquatic animal health approval, evidence must be available verifying that any prohibited pathogens listed under R58-17-15(D)(2) and (3) are not present.
(c) Once the requirements for initial approval or renewal of approval have been met, the facility shall be added to the fish health approval list of the responsible agency and assigned a fish health approval number for the current year. Fish health approval of each facility shall be reviewed annually for continuance on the lists maintained by the Department and the Division pursuant to R58-17-15(A)(1).
(d) The Department will report the confirmed results of annual inspections conducted at aquaculture facilities, fee fishing facilities, and out-of-state sources at each meeting of the Fish Health Policy Board.
(e) Public aquaculture facilities and wild brood stocks are included on the fish health approval list maintained by the Division. The Division will report the confirmed results of annual health inspections conducted at public aquaculture facilities, private ponds and wild populations of aquatic animals at each meeting of the Fish Health Policy Board.
(f) If all aquatic animals are removed from an approved facility for a period of three months or more, or if fish health approval is canceled or denied, then subsequent fish health approval will be granted only after the facility has completed the process for initial approval as outlined under R58-17-15(C).
(2) Applicable to cold water aquatic animals:
(a) For initial approval of new facilities, two inspections, at least six months apart and negative for any prohibited pathogen pursuant to R58-17-15(D)(2) and (3), are required. The aquatic animals must have been on the facility at least six months prior to the first inspection.
(b) For initial approval of existing facilities, health inspection reports for a minimum of the previous two years, and facility disease history reports for up to the previous five years and five-year disease histories for all stocks imported to the facility are required.
(c) All lots of aquatic animals on the facility as well as any outside sources of these aquatic animals must be inspected for initial approval and for renewals pursuant to R58-17-15(B)(4).
(d) After initial approval, annual inspections shall be required to renew fish health approval. A two-month grace period is granted at the completion of the annual inspection for laboratory testing of samples and reporting of test results. Health inspection reports, the facility disease history for at least the previous year, and disease histories for at least the previous year for all stocks imported to the facility shall be required before each renewal.
(D) Prohibited and reportable pathogen list:
(1) Pathogens requiring some form of action are classified as either emergency prohibited, prohibited, or reportable. Those pathogens denoted by an asterisk (*) preceding the name will only be tested for if the fish or eggs originate from an area where the pathogen is found. Pathogens denoted by a double asterisk (**) after the name can only be transmitted in fish and not in the eggs, therefore permitting the special provisions for egg only sources provided in Sections R58-17-2(8) and R58-17-15(B)(5).
(2) Emergency prohibited pathogens.
(a) Infectious hematopoietic necrosis virus (IHNV).
(b) Infectious pancreatic necrosis virus (IPNV).
(c) Viral hemorrhagic septicemia virus (VHSV).
(d) *Oncorhynchus masou virus (OMV).
(3) Prohibited pathogens.
(a) Myxobolus cerebralis (pathogen that causes whirling disease)**.
(b) Renibacterium salmoninarum (pathogen that causes bacterial kidney disease (BKD)).
(c) *Ceratomyxa shasta (pathogen that causes the disease ceratomyxosis)**.
(d) Bothriocephalus (Asian tapeworm and cause of the disease bothriocephalosis).**
(e) *PKX (pathogen that causes proliferative kidney disease (PKD))**.
(4) Reportable pathogens.
(a) Yersinia ruckeri (pathogen that causes enteric redmouth)**.
(b) Aeromonas salmonicida (pathogen that causes furunculosis)**.
(c) Emerging fish pathogens (including any filterable agent or agent of clinical significance as determined by the Fish Health Policy Board).
(5) The Fish Health Policy Board Procedures for the Timely Reporting of Pathogens shall be followed if any emergency prohibited, prohibited, or reportable pathogen is found. Inspection for reportable pathogens is optional, but positive findings of these pathogens must be reported to the Fish Health Policy Board. Reporting of unregulated pathogens to the Fish Health Policy Board is not required.
(6) The Fish Health Policy Board Emergency Response Procedures shall be activated any time a confirmed finding or unconfirmed evidence of an emergency prohibited or prohibited pathogen is reported.
R58-17-16 Inspection of Records and Facilities.
(A) The following records must be maintained for a period of up to five years and be available for inspection during reasonable hours by the appropriate agency representative pursuant to R58-17-4.
(1) Records of purchases, acquisition, distribution, and production histories of live aquatic animals.
(2) CORs and entry permits.
(3) Valid identification of stocks, including origin of stocks.
(B) The appropriate agency representatives may conduct pathological or physical investigations at any registered facility pursuant to R58-17-4 during reasonable hours if there is cause to believe that a disease condition exists. Any laboratory testing that is necessary as a result of this investigation will not be at the owner's expense.
R58-17-17 Aquaculture Facilities.
(A) COR required:
A COR is required to operate an aquaculture facility. A separate COR and fee are required for each individual facility as defined under "aquaculture facility", Section 4-37-103 (2)(a), regardless of ownership.
(B) Live aquatic animals may be sold:
The operator of an aquaculture facility with aquatic animal health approval may take the aquatic animals as approved on the COR from the facility at any time and offer them for sale. Within Utah, live aquatic animals can only be sold to other facilities which have a valid COR for that species.
(C) Fee-fishing facility allowed:
The operator of an aquaculture facility may also operate a fee-fishing facility under the terms applicable to fee-fishing facilities in Section R58-17-18, provided the fee-fishing facility is located at the site of the aquaculture facility, contains only those species authorized on the COR for the aquaculture facility, and this activity is listed on the COR for the aquaculture facility.
(D) Receipts required:
Any sale, shipment or transfer of live fish from an aquaculture facility must be accompanied by a receipt with documentation of the source and destination. A receipt book will be provided by the Department upon request. Copies of all receipts will be submitted to the Department and will serve as the annual report of sales. The receipt book is to be used for in-state sales or transfers, and will contain the following information:
(1) Names, addresses, phone numbers, COR numbers, COR expiration dates, fish health approval numbers and expiration dates of sources.
(2) Number and weight being shipped, by species.
(3) Names, addresses and phone numbers of destinations.
(4) COR numbers and COR expiration dates for destinations (for in-state transfers only).
(5) Dates of transactions.
(6) Signature of seller.
(E) Annual reports required:
Annual reports of all sales, transfers, and purchases must be submitted to the Department as part of the COR renewal process, pursuant to Subsection R58-17-8(B)(2). A report form for all purchases or transfers into a facility will be provided by the Department.
(1) For all purchases, this report will contain the following information:
(a) Names, addresses, phone numbers, COR numbers and fish health approval numbers of sources.
(b) Number and weight by species.
(c) Names, addresses, phone numbers, COR numbers of the destinations.
(d) Dates of transactions.
(2) For all sales or transfers, copies of the receipt book transactions pursuant to R58-17-17(D), will be submitted to the Department.
(3) The records and reports must be submitted to the Department by January 31 each year and must be received before a COR will be renewed.
(F) Fees assessed:
A COR for an aquaculture facility shall be assessed a fee of $150.00 during application and annually for renewal, pursuant to Section 4-37-301. For applicants who renew before December 31, a discount of $25.00 will be allowed. The deadline for COR renewal is January 31. If the COR renewal application is not received by February 28, the COR will be no longer valid and regulatory action shall be initiated pursuant to R58-17-8(B)(3).
R58-17-18 Fee-Fishing Facilities.
(A) COR required:
A COR is required to operate a fee-fishing facility. A separate COR is necessary for separate fee-fishing facilities as defined under "aquaculture facility", Section 4-37-103 (2)(a), regardless of ownership.
(B) Live sales or transfers prohibited:
The operator of a fee-fishing facility may not sell, donate, or otherwise transfer live aquatic animals, except that the approved species may be transferred into the facility from an approved source.
(C) Fishing licenses not required:
A fishing license is not required to take aquatic animals from a fee-fishing facility.
(D) Receipts required:
To transport dead aquatic animals away from a fee-fishing facility, the operator must provide a receipt to the customer which contains the following information:
(1) Name, address, COR number, COR expiration date and phone number of fee-fishing facility.
(2) Date caught.
(3) Species and number of fish.
(E) Annual report required:
The operator of a fee-fishing facility must submit to the Department an annual report of all live aquatic animals purchased or acquired during the year. A report form for all purchases or transfers into a facility will be provided by the Department. This report must contain the following information:
(1) Names, addresses, phone numbers, fish health approval numbers of all sources and/or COR numbers and COR expiration dates.
(2) Number and weight by species.
(3) Dates of sales or transfers.
(4) Names, addresses, phone numbers, COR numbers and COR expiration dates of the destinations.
(F) Fees assessed:
A fee of $30.00 shall be required with the application for the fee-fishing COR. This fee shall be required annually with the reports for COR renewal, pursuant to 4-37-301. For applicants who renew before December 31, a discount of $5.00 will be allowed. The deadline for COR renewal is January 31. If the COR renewal application is not received by February 28, the COR will be no longer valid and regulatory action shall be initiated pursuant to R58-17-8(B)(3).
R58-17-19 Public Aquaculture, Private Fish Ponds, Institutional Aquaculture Facilities, Short Term Fishing Events, Private Stocking and Displays.
Details on the COR and regulatory requirements pursuant to R58-17-4(2) for operating public aquaculture, private fish ponds, institutional aquaculture facilities, short term fishing events, private stocking and displays are found in the code for Natural Resources, Wildlife Resources, at Rule R657-16 of the Utah Administrative Code.
R58-17-20 Classification of Pathogens.
ABLE
Classification Criteria Control Methods Included Pathogens (and diseases they cause) Emergency High morbidity Cannot be treated IHNV High mortality Avoidance, IPNV eradication and Exotic to Utah disinfection VHSV Immediate action OMV required Prohibited Can cause high Very difficult Myxobolus morbidity or or impossible to cerebralis high mortality treat (whirling disease) May be endemic Avoidance, Renibacterium to Utah eradication and salmoninarum disinfection (BKD) Action required Ceratomyxa in reasonable shasta time frame PKX organism (PKD) Bothrio- cephalus acheilognathi (Asian tapeworm) Reportable Management Possible to Yersinia diseases prevent or ruckeri treat (Enteric redmouth) Not prohibited in Utah Prohibited in Aeromonas some other states Salmonicida or countries (furun- culosis) Economic Emerging fish importance Pathogens (including but not limited to Inspection is any optional filterable agent or Positive findings agent of must be reported clinical to the Fish Health significance Policy Board as determined by the Fish Health Policy Board) Unregulated Not regulated in Utah Includes all pathogens not listed above Reporting to the Fish Health Policy Board not required
[Indexing]
KEY: aquaculture
October 2, 1999
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
4-2-2
4-37
