1.
Prohibited Activity
A. Except as
provided in this subsection, it is unlawful to transfer marine finfish to any
fish culture facility in Maine or stock marine finfish into the coastal waters
of Maine that do not meet the requirements of these rules.
The Commissioner may, at his discretion and in consultation
with the AAHTC, issue a permit to import or transfer finfish from sources or
facilities that do not meet the requirements of these rules to an approved
quarantine facility. Transfer from an approved quarantine facility or a change
in operation to that which is less biosecure, may be permitted if post-import
testing provides satisfactory evidence of freedom from those pathogens or
regulatory concern for which evidence of freedom was not satisfied at the time
of import.
B. No clinically
diseased finfish shall be introduced into the coastal waters of
Maine.
2.
Definitions
For the purposes of these rules the following terms have the
following meanings:
A.
Broodstock Sources:
(1)
"Wild Caught Broodstock" means fish that are removed from the
coastal waters and transferred to a land-based culture facility for use as
broodstock.
(2)
"Hatchery-based Broodstock" means fish that originate from and
never leave a culture facility, and are selected to become
broodstock.
(3)
"Marine-site
Cultured Broodstock" means fish that are cultured in the coastal waters
and spawned in the coastal waters or transferred to a land-based culture
facility for use as broodstock.
3.
Compliance Reporting Requirements,
Reporting and Permits
A.
Inspections(1) Any person
wishing to import, possess, or sell marine finfish for the purposes of stocking
into coastal waters of maine shall provide a fish health inspection report
stating that such finfish have been inspected for all diseases of regulatory
concern before a permit to engage in such activity is issued.
(2) Marine finfish taken from the wild shall
be subject to quarantine, in a facility approved by DMR, for at least 90 days
pending the completion of inspection procedures and the issuance of a fish
health inspection report. Any mortality that occurs during collection or
transport and a representative sample of the finfish should be selected during
the movement event for testing as prescribed for size group 2 of the relevant
species.
B. Any fish
culture facility raising finfish to be introduced into the coastal waters of
Maine must submit the most current annual fish health inspection report on
approved forms to the Department of Marine Resources prior to the sale and/or
movement of such finfish from the facility.
C. Except as provided in Chapter 24.30(1)(A),
any person applying for a permit to import marine finfish into the State of
Maine shall demonstrate that the finfish being imported are free from evidence
of all diseases of regulatory concern, and originate from a qualified
source/hatchery. The Commissioner may prescribe additional fish health testing
requirements for importation of finfish into the State of Maine. A copy of the
current approved transfer permit shall accompany the finfish during transfer.
D. Any person offering finfish for
sale or transferring finfish to a source in Maine shall provide a current fish
health inspection report to any customer or recipient of the fish. A copy of
the current approved transfer permit shall accompany the finfish during
transfer.
E. Finfish transferred
for purposes of immediate harvest for human consumption, or diagnostic
inspection shall not be subject to the provisions of these rules. Finfish
harvested for the purposes of human consumption shall be harvested, handled,
processed and transported using measures to minimize the introduction of
infectious disease into Maine waters. The Aquatic Animal Health Technical
Committee will serve as a technical resource in developing guidelines for
biosecurity measures associated with harvesting, transport and processing.
F. Finfish may not be transferred
between marine net-pen facilities without a marine transfer permit.