Current through Register Vol. 48, No. 38, September 20, 2024
a) Application
Requirements
Permits to import live VHS-susceptible species may be issued by
the Department of Natural Resources in accordance with Sections 10-100 and
20-100 of the Fish and Aquatic Life Code [515 ILCS 5/10-100, 20 -100] for
persons or businesses holding an Aquaculture Permit, Aquatic Life Dealer's
License or Minnow Dealer's License, or research or educational institutions for
scientific purposes, under the following provisions:
1) Applicants wishing to import live
VHS-susceptible species must make application to the Department in writing, at
the following address:
Aquaculture Specialist
Illinois Department of Natural Resources
Aquatic Nuisance Species and Aquaculture Program
One Natural Resources Way
Springfield IL 62702-1271
2) The Department may accept applications via
fax or email if time permits and it is deemed to be in the best interest of the
Department to do so.
3)
Applications must contain the following minimum information:
A) name, address and telephone number of the
applicant, including the business, research or educational
institution;
B) the common and
scientific name, size and total number (or pounds) of each VHS-susceptible
species for which a permit is requested;
C) date of anticipated imports and number of
shipments;
D) source of supply,
including name, address and telephone number of the supplier; and
E) any other information requested by the
Department (e.g., route of transportation, holding facility location, stocking
locations, disposition of animals and federal permit, if required).
b) Issuance Criteria
The Department shall consider the following in determining
whether to issue a permit to import live VHS-susceptible species:
1) whether the request is for persons or
businesses holding an Aquaculture Permit, Aquatic Life Dealer's License or
Minnow Dealer's License, or research or educational institutions for scientific
purposes;
2) whether the supplier
of the fish stocks has an acceptable Fish Health Inspection Report on file with
the Department;
3) for importation
of minnows and species commonly used as bait, whether the supplier/importer has
submitted an officially recognized management plan (Hazard Analysis and
Critical Control Points (HACCP)/Best Management Practices (BMP)) to minimize
transfer of exotic species and potential pathogens; and
4) whether the Department approves of the
live market stocking locations based upon the potential risk to the fishery
resource of the State.
c) Permit Conditions
Permits issued to import live VHS-susceptible species shall be
subject to the following conditions:
1)
All specimens approved under the permit must be imported only to the
facilities, and at the location approved on the permit.
2) A person in possession of VHS-susceptible
species, at all times during shipment and stocking, shall allow the Department,
its agents or authorized employees to inspect the shipment and pertinent
records to ensure compliance with this Part.
3) Permits issued under this Part shall be
valid only for the time periods and under the provisions designated by the
Department on the permit or accompanying letter.
4) All importers shall maintain records
documenting disposition of all VHS-susceptible species for a minimum of 2 years
from date of disposition.
5) It is
unlawful for any person to violate any condition stipulated on the permit or
accompanying letter issued by the Department. Violation of any special
condition will result in revocation of the permit.
6) Shipments found in violation of this Part
shall be subject to confiscation, quarantine and/or seizure. Disposition of
specimens confiscated, placed under quarantine (including conditions under
which they may be sold, traded, bartered or transferred), or seized under this
Part shall be as designated by the Department.
d) Permit Exceptions
The permits required by subsection (a) do not apply to:
1) Any licensed veterinarian, agent of a
veterinary clinic, fish pathologist, or fish health inspector recognized by the
American Fisheries Society providing diagnostic services subject to all of the
following conditions:
A) the fish are in
transit to an approved research or diagnostic laboratory authorized by the
Department to work with VHS;
B) if
entering from outside the State of Illinois, the fish must be accompanied by a
valid Form VS 1-27 (Permit for Movement of Restricted Animals) issued by an
APHIS area office; and
C) effluent
and carcasses shall be considered medical waste and shall be disposed of at the
receiving research or diagnostic facility according to all applicable EPA and
State regulatory criteria.
2) Any person moving fish to a slaughter
facility subject to all of the following conditions:
A) the fish are for human
consumption;
B) the fish are
accompanied by a valid Form VS 1-27 (Permit for Movement of Restricted Animals)
issued by an APHIS area office;
C)
the fish are being transported to a State-inspected slaughter facility that:
i) must discharge waste water to a municipal
sewage system that includes waste water disinfection; or
ii) may discharge to either a non-discharging
settling pond or a settling pond that disinfects according to all applicable
EPA and State regulatory criteria;
D) offal, including carcasses, from the
slaughter facility must be rendered or composted; and
E) VS 1-27 form only applies to fish entering
the State of Illinois.
3) Persons involved in catch and release
fishing activities in which VHS-susceptible fish will be released into the same
water body where caught, except VHS-susceptible species used or intended to be
used as bait.
4) Any shippers in
interstate transport for lawful commercial purposes who do not buy, sell,
barter, trade, transfer, loan or offer to do so in Illinois may transport live
VHS-susceptible species across Illinois. Under no circumstances shall an
interstate transporter:
A) transfer any
VHS-susceptible species from one container to another; or
B) exchange or discharge water or other
materials from a container containing VHS-susceptible species without first
obtaining written permission from the Department.
5) Persons having a Salmonid Import Permit
issued in accordance with 17 Ill. Adm. Code 870, provided that:
A) FHIR is issued in accordance with Section
875.40(a);
and
B) lot inspections (60 fish
each) were tested according to the Standard Procedures for Aquatic Animal
Health Inspections section of the BlueBook.
6) Any licensed commercial fisherman moving
fish to a live market subject to all of the following conditions:
A) the fish are for human
consumption;
B) the facility is
located on the same body of water where the fish are captured;
C) the fish are being transported to a
State-inspected live market that:
i) must
discharge waste water to a municipal sewage system that includes waste water
disinfection; or
ii) may discharge
to either a non-discharging settling pond or a settling pond that disinfects
according to all applicable EPA and State regulatory criteria; or
iii) may discharge maintenance water into the
same water body where the aquatic life originated according to all applicable
EPA and State regulatory criteria;
D) offal, including carcasses, from the
slaughter facility must be rendered or composted.
7) Any licensed Commercial Roe Harvester in
possession of roe-bearing species that are captured and transported under a
Commercial Roe Harvest Permit as defined in 17 Ill. Adm. Code
830.13,
provided no susceptible species are commingled.