002.01.24 Ark. Code R. 063

Current through Register Vol. 49, No. 10, October, 2024

Rule 002.01.24-063 - [Effective 1/1/2025] I1.03 Fish Health Requirements For Importation Outside Of VHSV-Positive Areas

Nonresident fish farm permit requestors must submit the most recent health certificate for their facility, and the previous three years' worth of health certificates (if applicable) with their first Nonresident Fish Farm application form. An annual renewal application of a nonresident fish farm permit must include all new health certificates issued since the issuance of their last permit. If selling fish obtained from sources outside of the permitted farm, health certificates from those facilities must be submitted for review prior to importation into the state, and a copy of the certificate(s) must accompany shipment to the final destination. A copy of the fish health certificates must accompany shipment with Bill of Lading. Importation of wild caught species is prohibited in accordance with Code 35.13.

Resident and Nonresident Fish Dealers/Independent Haulers (including Pond Consultants) are required to purchase approved species from Commission permitted sources (see Code 35.01) with required fish health certificate for stocking purposes within the state. The most recent fish health certificates for sources must be submitted with application/renewal at time of submission. If fish are obtained from a new source, their health certificate must be submitted to AGFC for review prior to the importation of the fish. A copy of fish health certificates must accompany shipment with Bill of Lading and Invoice. Importation of wild caught species is prohibited in accordance with Code 35.13.

A. A Nonresident Fish Farm Permit and Nonresident Fish Dealer Permit will only be issued to persons who submit, on forms supplied by the Commission, satisfactory documentary proof including the following information:

1. That an appropriate fish sample has been collected by a qualified independent party during the appropriate season and was submitted to a qualified fish health inspection laboratory for analysis from the facility and for any outside sources the facility utilizes;

2. Inspection reports from a qualified testing laboratory asserting the sample tested negative for listed pathogens by appropriate testing methods;

3. Written documentation from a qualified independent party asserting the fish are farm-raised, the farm or facility uses a VHSV-free water source, and fish or fertilized eggs to be shipped to Arkansas have not been mixed with, or potentially contaminated by, fish or water from known sources of regulated pathogens; and 4. A completed application for the appropriate permit in compliance with Code 35.01 and Addendum Chapter J1.00.

B. Failure to submit required aquatic animal health documentation in a timely manner will result in a 1-year suspension of eligibility to obtain permit.

C.EXCEPTIONS: Aquatic animal health certificates shall not be required for the importation of live fish or crayfish if:

1. The species are moving to a state-inspected slaughter facility meeting the following criteria:

i. The slaughter facility must discharge wastewater into a municipal sewage system that includes wastewater disinfection; and

ii. The slaughter facility must either render or compost offal, including carcasses;

2. The species are moving to a qualified diagnostic facility for disease testing;

3. Channel catfish (Ictalurus punctantus), Blue catfish (Ictalurus furcatus), and Hybrid Catfish (Ictalurus furactus X Ictalurus punctatus) imported for commercial "foodfish" production may be imported by permitted Resident fish farmers from permitted Non-resident fish farms located in the state of Mississippi, in the area West of Interstate Highway 55 and North of Interstate Highway 20, without a health certificate, provided such fish remain on the receiving facility premises, except to go directly to a terminal processing facility. Exclusions for these species do not apply for fish destined for recreational or other stocking purposes. Receiving facilities that include these fish as part of their farm level or lot inspection are allowed to offer for sale approved species for stocking purposes;

4. Crayfish imported for the sole purpose of human consumption; or

5. Marine or tropical aquarium fish species that meet the following criteria:

i. The fish are moving directly to a home aquarium; or

ii. The fish are moving to wholesale or retail distributors of marine and tropical fish and will be permanently confined in a closed system (aquaria, tanks, or pools).

002.01.24 Ark. Code R. 063

Adopted by Arkansas Register Volume 49, Number 06, Effective 1/1/2025