13-188-24 Me. Code R. § 16

Current through 2024-46, November 13, 2024

Section 188-24-16 - Finfish Control

1.Definitions:

A."Lot" means the following:

(1) A lot for size groups 1, 2, and 3 (non-brood facilities) is defined as fish of the same species and age that originated from the same spawning stock and have shared a common water supply continuously throughout their life history. For the purposes of marine fish species that spawn over an extended period of time, a lot will comprise fish that were produced over the course of six months. See each species section for size group definitions.

(2) A lot for size group 4 is defined as fish of the same species that originated from the same spawning stock and share a common water supply, but several age groups (e.g., 3, 4, and 5 year old brood fish) may be combined to form a representative composite lot for sampling.

B."Production stock" means finfish of size groups 1, 2, and 3.

C."Qualified source/hatchery" means an established source/hatchery that has had 3 consecutive annual inspections in which pathogens as described in Chapter 24.21(1)(D), 24.32(3), and 24.34(3) have not been detected; or a new hatchery that has had 3 successive negative annual inspections over a continuous 2 year period.

D."Quarantine", when applied to rules governing marine net-pen facilities, means: that there must be no movement of live fish off of or onto the site; that no visitors may be allowed on the site except for necessary fish health personnel; that a biosecurity program approved by the Commissioner must be instituted at the site; and that disposition of deceased and quarantined fish must be approved by the Commissioner.

E."Reproductive fluids" means testicular and ovarian fluids.

F."Restriction" means that there must be no movement of live fish off of or onto the site; that disinfection protocols and biosecurity must be instituted at the site.

G."Spawning broodstock" means a lot of reproductively mature finfish whose gametes will be incubated at fish culture facilities within Maine.

H.Transfer Permits and Reports means:

(1)"Annual Fish Health Inspection Report" means the letter from the Inspector acknowledging that all lots of fish have been inspected according to procedures outlined in Chapter 24.21(1)(E), 24.32(4) and 24.34(4). For facilities which conduct inspections more frequently, the annual inspection shall be a compilation of all results for the year. The Fish Health inspection report shall include an itemized account of results.

(2)"Fish Health Inspection Report" means a letter from the Inspector acknowledging that a specific lot or lots of fish have been inspected according to procedures outlined in Chapter 24.21(1)(E), 24.32(4) and 24.34(4). The Fish Health inspection report shall include an itemized account of results.

(3)"Annual Fish Culture Facility Health Report" means a letter from the Commissioner stating the health status of any Fish Culture Facility that requires an annual Fish Health Inspection Report. The Fish Culture Facility Health Report shall be based upon the findings of Annual Fish Health Inspection Reports, the Northeast Fish Health Committee Guidelines and any other fish health inspection reports.

(4)"Transfer permit" means the permit issued by the Commissioner that authorizes the recipient to transfer finfish to designated geographical area(s) in the coastal waters of Maine during a specified time period. A transfer permit may not be issued until the Department has reviewed the Annual Fish Culture Facility Health Report.

(5) "Marine Transfer permit" means the permit issued by the Commissioner that authorizes the recipient to transfer live finfish between marine net-pen facilities. A marine transfer permit does not require additional fish health testing requirements unless the transfer is requested between marine fish health zones.

2. A copy of any required permit shall accompany the finfish shipment at all times, and must be presented upon request to department employees.

3. For finfish species for which pathogens of regulatory concern are not specified elsewhere in these rules, any time a lot of such fish is diagnosed as having a specific disease or disease agent which can be diagnosed or detected in fifty percent of the mortality or moribund individual fish in an affected container, and which results in an average daily mortality of at least one-half of one percent of the affected individual fish for five or more days in any thirty day period, the permit holder shall notify the Department in writing and by telephone within 48 hours.

4. The permit holder shall maintain records that document mortalities and any treatments used to control those mortalities. These records shall be maintained for 5 years and be made available to the Department upon request. These records shall be kept on forms supplied by the Commissioner.

5.Consequences/Action Plan

A.Exotic Pathogen

(1) When any exotic pathogen of regulatory concern is confirmed at any fish culture facility in Maine as a result of active or passive surveillance, the marine organism culture facility owner shall notify the Commissioner in writing and by telephone within 24 hours of the confirmation. In addition, within 24 hours of confirmation of the detection of any exotic pathogen or regulatory concern, all fish on the site must be restricted. The report to the Commissioner must include, as a minimum:

(a) Species of fish affected;

(b) Size group and age of fish;

(c) Pathogen and whether or not it is clinical;

(d) Prevalence;

(e) Actions being taken to contain or eradicate the pathogen; and

(f) Proposed actions to restore the facility to a qualified source/hatchery.

(2) The Commissioner shall review the report, the Northeast Fish Health Committee Guidelines and may consult with the Aquatic Animal Health Technical Committee, relevant state and federal agencies, and other professionals, and make a decision concerning the remedial action to be taken, if any, in accordance with applicable sections of these regulations. Consideration will be given to certain risk factors including but not limited to:

(a) Risk to the aquaculture industry;

(b) Risk to wild stocks;

(c) Feasibility of eradication by stock destruction;

(d) Time frame and degree of pathogen spread (i.e., local vs. regional);

(e) Final intended disposition of infected stocks; and

(f) Public health ramifications.

(3) Following completion of the risk assessment, the Commissioner may order one or more of the following remedial actions at the affected facility and throughout an area which is determined to pose a risk of exposure to the exotic pathogen of regulatory concern, after consideration of the risk factors in Chapter 24.16(5)(A)(2).

(a) Harvest and sale of processed fish;

(b) Destruction of the stock and proper disposal to minimize release of pathogen(s);

(c) Stocking of the fish if such action possesses no or minimal risk to wild populations;

(d) Re-testing of stock for pathogen;

(e) Treatment of fish and re-test;

(f) Quarantine and continued quarantine of fish for purpose of study or salvage of gametes; or

(g) Other actions determined to be appropriate by the Commissioner upon consultation with the Aquatic Animal Health Technical Committee.

B.Endemic/Limited Distribution Pathogens

(1) When any endemic/limited distribution pathogen of regulatory concern is confirmed at any fish culture facility in Maine as a result of active or passive surveillance, the marine organism culture facility owner shall notify the Commissioner within 14 days after confirmation of the disease agent and prior to movement or transfer. The report to the Commissioner must include, at a minimum:

(a) Species of fish affected;

(b) Size group and age of fish;

(c) Pathogen and whether it is clinical or non clinical;

(d) Prevalence;

(e) Actions being taken to contain or eradicate the pathogen; and

(f) Proposed actions to restore the facility to a qualified source/hatchery.

13-188 C.M.R. ch. 24, § 16