California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 1 - Fish, Amphibians and Reptiles › Chapter 9 - Aquaculture › Section 245 - Aquaculture Disease Control Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Conditions.
(1) All fish inspections and examinations for
				  diseases/pathogens shall be conducted in accordance with the most recent
				  edition of "Procedures for Detection and Identification of Certain Fish
				  Pathogens" published by the Fish Health Section of the American Fisheries
				  Society (FHS Blue Book). All such inspections and examinations shall be
				  conducted by a fish pathologist.
(2) When diseases/pathogens are identified by
				  a fish pathologist in aquatic plants or animals in an aquaculture facility, or
				  in transit to or from such a facility, or in animals intended to be imported
				  into the state, pursuant to Section
				  236 of these regulations, which
				  require restrictive action by the department, the owner or consignee involved
				  shall be notified by the department immediately. The owner or consignee may
				  accept the original identification or may request that the department seek
				  confirmation of the identification by another fish pathologist.
(3) Upon confirmation, if requested, or
				  acceptance of the identification of any listed disease/pathogen which requires
				  restrictive action by the department as set forth in subsection (c), a
				  compliance agreement describing the action to be taken may be drawn up between
				  the owner and the director. The department shall commence negotiation of the
				  terms of the compliance agreement within 48 hours after acceptance or
				  confirmation as defined in subsection (b). The agreement must be signed by the
				  owner and the director within 30 days of acceptance or confirmation. If the
				  compliance agreement is not signed within 30 days, a quarantine as specified in
				  Fish and Game Code Section
				  15505
				  may be imposed while the owner appeals to the commission. The agreement shall
				  be designed in consultation with the Aquaculture Disease Committee to bring the
				  least amount of economic hardship possible to the affected party while
				  affording maximum protection to other growers and the fishery resources of the
				  State.
(4) If at any time a fish
				  pathologist identifies one or more pathogens listed in this section anywhere
				  within the State of California, he must immediately report the identification
				  to the director of the department.
(5) Methods for disposal of aquatic plants
				  and animals and for disinfection of aquaculture equipment and facilities shall
				  be specified in the compliance agreement in accordance with the disease
				  category and the threat to other aquatic plant or animal life or aquaculture
				  facilities.
(6) Any live aquatic
				  plants, animals or eggs originating outside California shall be certified by a
				  fish pathologist as free of subsection (c) listed diseases/pathogens before a
				  permit for importation is issued.
(7) Anyone interested in conducting research
				  on those diseases/pathogens designated as catastrophic must submit a written
				  research proposal to the director of the department and obtain written approval
				  from the director before the pathogen is brought to their facility. Anyone
				  denied approval pursuant to this subsection may appeal such denial to the
				  commission.
(8) Upon identification
				  of a disease/pathogen which presents a threat to the aquaculture industry or
				  aquatic animal or plant life, but which is not listed in this section, the
				  director of the department shall immediately consult, by phone if necessary,
				  with the Aquaculture Disease Committee, impose an immediate holding action and
				  develop a plan of action, which may include prohibiting an intended importation
				  of aquatic plants or animals infected by the disease.