Wyoming Administrative Code › Agency 040 - Game and Fish Commission › Sub-Agency 0001 - Game and Fish Commission Regulations › Chapter 51 - PRIVATE FISH HATCHERIES › Section 51-2 - Definitions

Current through July 13, 2024
Definitions shall be as set forth in Title 23, Wyoming
				  Statutes, Commission regulations, and the Commission also adopts the following
				  definitions:
(a) "Aquaculture
				Facility" means any combination of buildings, ponds, tanks, raceways, or any
				other structure used for an aquaculture operation. Aquaculture facility
				includes facilities used for aquaponics and hobby fish farms, but does not
				include ornamental ponds (defined in Commission Regulation chapter 69,
				Importation and Possession of Live Cold Blooded Wildlife).
(b) "Aquaculture Operation" means the
				propagation, rearing, or producing of aquatic wildlife in controlled aquatic
				environments. Aquaculture operations include aquaponics and hobby fish farms.
				Holding and feeding fish in ornamental ponds does not constitute an aquaculture
				operation.
(c) "Aquaponics" means
				an artificial system, not connected to the waters of this state, managed for
				sustainable food production, combining rearing of cold-blooded wildlife with
				the cultivation of plants in water, under an interrelated closed
				environment.
(d) "Aquatic Animal
				Health Inspector" means any individual approved by the Wyoming Game and Fish
				Department (Department) whose qualifications meet standards established by the
				Board of Certification of the Fish Health Section of the American Fisheries
				Society for certification as an aquatic animal health inspector.
(e) "Aquatic Invasive Species (AIS) Hatchery
				Inspection" means the physical inspection of aquaculture facilities and private
				fish hatcheries, including water sources, fish transport vehicles and equipment
				for the presence of plants and animals designated as AIS by Wyoming and by the
				state within which the hatchery resides.
(f) "Aquatic Invasive Species Hatchery
				Inspection Report" means a report provided by an aquatic invasive species
				hatchery inspector documenting presence or absence of AIS.
(g) "Aquatic Invasive Species Hatchery
				Inspector" means an employee of a state AIS program, state department of
				agriculture, county weed and pest district or other individual approved by the
				Department who has completed an AIS hatchery inspection training course that
				meets the requirements established by the Department to certify inspectors to
				conduct AIS hatchery inspections.
(h) "Aquatic Invasive Species of Concern"
				means emergency prohibited AIS, prohibited AIS and regulated AIS as described
				in Section
				7 of this regulation.
(i) "Aquatic Laboratory Technician" means an
				employee of a professional diagnostic or analytical laboratory qualified to
				conduct specific analyses and approved in advance by the Department who is
				supervised by either an aquatic animal health inspector or fish pathologist and
				who is trained to collect non-lethal samples (e.g., collection of ovarian and
				seminal fluids) from fish broodstocks.
(j) "Assumed Pathogen Prevalence Level
				(APPL)" means the percent of a population assumed to have a pathogen, which
				determines the number of samples that must be taken to detect the pathogen with
				a 95% confidence level.
(k)
				"Authorized Agent" means any individual employed by, or responsible to the
				hatchery owner, who is engaged in the operation of the fish hatchery.
(l) "Coldwater Fish Species" means the
				following fishes as designated below by common name:
* Arctic Grayling (
Thymallus
				  arcticus
);
* Brook Trout and Lake Trout (
Salvelinus
sp.);
* Brown Trout (
Salmo trutta
);
* Cutbow (Rainbow Trout/Cutthroat Trout hybrid);
* Mountain Whitefish (
Prosopium
				  williamsoni
);
* Rainbow Trout, Cutthroat Trout, golden trout and kokanee
				  salmon (
Oncorhynchus
sp.);
* Splake (Brook Trout/Lake Trout hybrid); and,
* Tiger Trout (Brook Trout/Brown Trout hybrid).
(m) "Coolwater Fish Species" means
				the following fishes as designated below by common name:
* Sauger (
Sander Canadensis
);
* Shovelnose Sturgeon (
Scaphirhynchus
				  platorynchus
);
* Tiger muskie (Northern Pike/Muskellunge,
Esox
sp. hybrid).
(n) "Department Approved Private Fish
				Hatchery" means an in-state or out-of-state Private Fish Hatchery that has a
				valid commercial fish hatchery license or meets the licensing requirement of
				the state where it is located and is currently authorized by the Chief of
				Fisheries based on fish health and AIS inspections as a legal source of fish
				for private fish hatcheries, private fish stocking and live bait
				dealers.
(o) "Fish Health
				Inspection" means an on-site, annual inspection by an inspecting agent and all
				lots of fish at each private fish hatchery. The inspection shall be designed to
				assay for pathogens as described in this regulation.
(p) "Fish Health Inspection Report" means a
				report signed by an aquatic animal health inspector documenting the last known
				disease status of all applicable lots at an aquaculture facility resulting from
				on-site inspection, sampling and subsequent examination of the collected
				tissues and fluids for the detection of disease agents listed in this
				regulation.
(q) "Fish Pathologist"
				means any individual approved by the Department whose qualifications meet
				standards established by the Board of Certification of the Fish Health Section
				of the American Fisheries Society for certification as a fish
				pathologist.
(r) "Hobby Fish Farm"
				means a small scale aquaculture operation that uses an aquaculture facility,
				not connected to the waters of this state, to raise fish for personal use.
				Hobby fish farms do not include aquaculture operations that raise fish for
				commercial use.
(s) "Inspecting
				Agent" means any individual approved by the Department who is certified as an
				aquatic animal health inspector or a fish pathologist.
(t) "Lot" means a group of eggs or fish of
				the same species and age group originating from the same spawning population,
				and sharing the same water supply. More than one (1) year class may comprise
				the same lot under certain conditions; for example, yearlings and two (2) year
				old progeny may be considered the same lot as the adult, spawning brood stock
				provided the other criteria in the definition are present. Fish of the same
				species but from different spawning populations, adequately inspected, then
				combined into one (1) group may henceforth be regarded as one (1), single lot
				as long as they continue to share the same rearing space.
(u) "Pathogen(s) of Concern" means emergency
				prohibited fish pathogens, prohibited fish pathogens, regulated fish pathogens
				and Reportable/notifiable fish pathogens as described in Section
				6 of this regulation.
(v) "Prevalence" means the proportion or
				percent of cases of a disease, or a disease agent, present in a population at a
				given time.
(w) "Private Fish
				Hatchery" means an aquaculture facility, including some aquaponics operations
				and hobby fish farms, used for propagating, rearing or producing any or all
				life stages of fish that is not owned or operated by federal, state, local or
				tribal government agencies. Private fish hatcheries include aquaculture
				facilities that are connected to the waters of this state and used to confine
				or rear ornamental fish.
(x)
				"Reasonable Action" means Department prescribed action to eliminate the risk of
				establishment or spread of pathogens of concern or AIS of concern that is
				consistent with the risk or severity of the fish health or AIS threat. These
				actions shall be prescribed in writing by the Chief of Fisheries and may
				include, but are not limited to, sampling and clinical inspections, fish stock
				destruction or other disposal, quarantine, pathogen or AIS eradication and
				aquaculture facility disinfection.
(y) "Warmwater Fish Species" means the
				following fishes as designated below by common name:
* Black and White Crappie (
Pomoxis
sp.);
* Black Bullhead (
Ameiurus melas
);
* Bluegill/Green Sunfish Hybrid;
* Channel Catfish (
Ictalurus
				  punctatus
);
* Fathead Minnow (
Pimephales
				  promelas
);
* Grass Carp (
Ctenopharygodon idella
) that
				  are certified triploid;
* Green Sunfish, Bluegill and Pumpkinseed
				  (
Lepomis
sp.); and,
* Largemouth Bass (
Micropterus
				  salmoides
).