Cal. Code Regs. tit. 14 § 245

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 245 - Aquaculture Disease Control Regulations

(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.

(b) Definitions.

(1) Compliance Agreement. A written agreement between the director of the department and the owner or consignee of the diseased or infected aquaculture product which outlines the steps for disposal of the infected aquatic plants or animals and the procedures, both chemical and mechanical, for clean up of the facility.

(2) Confirmation. The second identification of a disease agent from the original sample or source by another fish pathologist.

(3) Disposal. The destruction or marketing of animals by methods prescribed in a compliance agreement.

(4) Eradication. The elimination of disease agents.

(5) Fish Pathologist. A department veterinarian or fish pathologist, or a fish pathologist certified by the Board of Certification of the Fish Health Section of the American Fisheries Society pursuant to their guidelines adopted effective January 1, 1982 or a fish health specialist recognized by a state or federal governmental authority and approved by the department.

(6) Immediate Holding Action. A prohibition of moving any plant or animal from an aquaculture facility for up to 30 days.

(7) Other Holding Action. Restrictions outlined in the compliance agreement on plant or animal movement to specific markets, watersheds or geographic areas deemed necessary by the department to protect other aquaculture facilities and the aquatic plants and animals of the State.

(8) Q Diseases. Diseases for which there is so little information they cannot be given a permanent classification.

(9) Disease. An abnormal condition of an organism as a consequence of infection by a pathogen, that impairs normal physiological function.

(10) Pathogen. A biological agent that has the potential to cause disease.

(11) Infection. Invasion of an organism by a pathogenic biological agent.

(c) Disease Categories. The diseases/pathogens of concern are grouped in four categories as to their seriousness and the specific action to be taken when diagnosed.

(1) Significant Diseases/Pathogens. On identification by a fish pathologist and confirmation, if requested, of any of these diseases/pathogens, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action, other holding action or no restrictions as the director in consultation with the Aquaculture Disease Committee may deem necessary.

(A) Viruses

1. White Sturgeon Iridiovirus (WSIV).

(B) Bacteria

1. Enteric Redmouth (ERM) Yersinia ruckeri.

2. Furunculosis Aeromonas salmonicida.

3. Vibriosis in finfish raised in freshwater Vibrio spp.

(C) Parasites

1. Copepod Lernaea spp., Salmincola spp., and Ergasilus spp.

2. Oyster Disease (MSX) Haplosporidium nelsoni.

3. Sabellid Polychaete Fan Worm Terebrasabella heterouncinata.

(D) Fungi

1. Ichthyophonus lchthyophonus hoferi.

(E) Dinoflagellate Algae

1. Oyster Perkinsosis Perkinsus marinus.

(2) Serious Diseases. On identification by a fish pathologist of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action until confirmation, if requested, is obtained; then the action will be disposal or other holding action the director in consultation with the Aquaculture Disease Committee may deem necessary, as specified in the compliance agreement.

(A) Viruses

1. Koi Herpes Virus (KHV).

2. Largemouth Bass Virus (LMBV).

(B) Bacteria

1. Bacterial Kidney Disease (BKD) Renibacterium salmoninarum.

(C) Parasites

1. Bonamiasis of Oysters Bonamia spp.

2. Ceratomyxosis Ceratomyxa shasta.

3. Microsporiasis Pleistophora ovariae.

4. Proliferative Kidney Disease (PKD) Tetracapsuloides bryosalmonae

5. Seaside Disease Haplosporidium costale.

6. Whirling Disease Myxobolus cerebralis.

(3) Catastrophic Diseases. On identification by a fish pathologist of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action until confirmation, if requested, is obtained; then other holding action, disposal and eradication shall be required, as specified in the compliance agreement.

(A) Viruses

1. Abalone Herpesvirus.

2. Channel Catfish Virus (CCV).

3. Infectious Hematopoietic Necrosis Virus (IHNV).

4. Infectious Pancreatic Necrosis Virus (IPNV).

5. Infectious Salmon Anemia Virus (ISAV).

6. Spring Viremia of Carp Virus (SVCV) Rhabdovirus carpio.

7. Viral Hemorrhagic Septicema Virus (VHSV).

(B) Bacteria

1. Salmon Rickettsiosis Piscirickettsia salmonis.

(C) Parasites

1.Marteilioides chungmuensis.

(4) Q Diseases. On identification by a fish pathologist and confirmation, if requested, of any of these diseases, the director shall immediately consult, by phone if necessary, with the Aquaculture Disease Committee and shall impose an immediate holding action pending determination of a course of action for diseases in this classification.

(A) Viruses

1. Herpesvirus salmonis (HPV).

2. Viral Erythrocytic Necrosis Virus (VENV).

(B) Bacteria

1.Edwardsiella ictaluri.

(C) Parasites

1. Denman Island Disease of Oysters Mikrocytos mackini.

(d) Aquatic Diseases and Host Organisms. Pursuant to Section 15500 of the Fish and Game Code, the commission has compiled a list of diseases and parasites and the aquatic plants and animals they are known to infect or parasitize. Infected plants or animals are considered detrimental to the aquaculture industry and to wild stocks of aquatic plants and animals.

Disease/Pathogen	Host
(1) Viruses
(A) Abalone Herpesvirus	Abalone
(B) Channel Catfish Virus (CCV)	Channel catfish
(C) Herpesvirus salmonis (HPV)	Rainbow trout
(D) Infectious Hematopoietic Necrosis Virus (IHNV)	Salmonids
(E) Infectious Pancreatic Necrosis Virus (IPNV)	Salmonids
(F) Infectious Salmon Anemia Virus (ISAV)	Salmonids
(G) Koi Herpes Virus (KHV)	Common Carp
(H) Largemouth Bass Virus (LMBV)	Centrarchids
(I) Spring Viremia of Carp Virus (SVCV) Rhabdovirus carpio	Carp
(J) Viral Erythrocytic Necrosis Virus (VENV)	Marine and anadromous finfish
(K) Viral Hemorrhagic Septicemia Virus (VHSV)	Marine/freshwater finfish
(L) White Sturgeon Iridovirus (WSIV)	Sturgeon
(2) Bacteria
(A) Bacterial Kidney Disease (BKD) Renibacterium salmoninarum	Salmonids
(B) Enteric Redmouth (ERM) Yersinia ruckeri	Finfish
(C) Edwardsiella ictaluri	Channel catfish
(D) Furunculosis Aeromonas salmonicida	All finfish
(E) Salmon Rickettsiosis Piscirickettsia salmonis	Salmonids
(F) Vibriosis in finfish raised in freshwater Vibrio spp.	Finfish
(3) Parasites
(A) Bonamiasis of Oysters Bonamia spp.	Oyster
(B) Ceratomyxosis Ceratomyxa shasta	Salmonids, polychaetes
(C) Copepod Lernaea spp., Salmincola spp., and Ergasilus spp.	Freshwater finfish
(D) Denman Island Disease Mikrocytos mackini	Oysters
(E) Marteilioides chungmuensis	Oysters
(F) Microsporiasis Pleistophora ovariae	Golden shiner, fathead minnow
(G) Oyster Disease (MSX) Haplosporidium nelsoni	Oysters
(H) Proliferative Kidney Disease (PKD) Tetracapsuloides bryosalmonae	Salmonids
(I) Sabellid Polychaete Fan Worm Terebrasabella heterouncinata	Gastropod Molluscs
(J) Seaside Disease Haplosporidium costale	Oyster
(K) Whirling Disease Myxobolus cerebralis	Salmonids, tubifex
(4) Fungi
(A) Ichthyophonus Ichthyophonus hoferi	Finfish
(5) Dinoflagellate Algae
(A) Oyster Perkinsosis Perkinsus marinus	Oysters

Cal. Code Regs. Tit. 14, § 245

1. Amendment of subsection (d)(7); deletion of subsection (c)(3)(D); and addition of subsection (c)(2)(H) filed 9-29-86, operative 10-29-86 making the following changes:
Subsection (c)(3)(D): Deleted "Whirling Disease (Myxosoma cerebralis)."; Subsection (c)(2)(H): Added "Whirling Disease (Myxosoma cerebralis)."; Subsection (d)(7): Substituted "B" for "P" in "Bacterial" after "7."; (Register 86, No. 43).
2. New subsection (c)(1)(I) and amendment of subsection (d) adding item 25 filed 7-28-99; operative 8-27-99 (Register 99, No. 31).
3. Editorial correction moving HISTORIES related to Appendix A to follow Appendix A and renumbering HISTORIES (Register 2006, No. 20).
4. Amendment filed 12-29-2008; operative 12-29-2008 pursuant to Government Code section 11343.4 (Register 2009, No. 1).

Note: Authority cited: Sections 200, 15500 and 15504, Fish and Game Code. Reference: Sections 15500, 15504, 15505, 15506, 15508 and 15509, Fish and Game Code. (Section filed 6-27-85, operative 7-27-85; Register 85, No. 26).

1. Amendment of subsection (d)(7); deletion of subsection (c)(3)(D); and addition of subsection (c)(2)(H) filed 9-29-86, operative 10-29-86 making the following changes: Subsection (c)(3)(D): Deleted "Whirling Disease (Myxosoma cerebralis)."; Subsection (c)(2)(H): Added "Whirling Disease (Myxosoma cerebralis)."; Subsection (d)(7): Substituted "B" for "P" in "Bacterial" after "7."; (Register 86, No. 43).
2. New subsection (c)(1)(I) and amendment of subsection (d) adding item 25 filed 7-28-99; operative 8-27-99 (Register 99, No. 31).
3. Editorial correction moving Histories related to Appendix A to follow Appendix A and renumbering Histories (Register 2006, No. 20).
4. Amendment filed 12-29-2008; operative 12-29-2008 pursuant to Government Code section 11343.4 (Register 2009, No. 1).