09- 137 C.M.R. ch. 2, § 03-A
The transfer and/or introduction of organisms fall within the jurisdiction of the Department of Marine Resources ( 12 M.R.S.A., §6071 ) into coastal waters within the State of Maine and the Department of Inland Fisheries and Wildlife ( 12 M.R.S.A., §§7011, 7035 and 7201, 7202 ) into public and/or private waters within the State of Maine. These rules are intended to protect wild and farmed salmonid fish populations and shall be applicable to all individuals involved in the culture and movement of live salmonids and gametes.
For the purposes of these rules the following terms have the following meanings:
"Active surveillance" means laboratory testing which is conducted during the annual hatchery inspection and during spawning as outlined in Chapter 2.03-A (F).
"Blue Book" means Thoesen, J.C. 1994. Suggested procedures for the detection and identification of certain finfish and shellfish pathogens, 4th edition. Bluebook Fish Health Section American Fisheries Society.
"Broodstock" means sexually mature fish (Size group 4).
"Clinical" means any visual signs of disease by gross external examination.
"Confidence level" means the probability of detecting evidence of at least one infected fish within the population of fish tested at the respective prevalence levels of the agent.
"Diseases of Regulatory Concern" mean infectious agents that have been demonstrated to cause a significant increase in the risk of mortality among salmonid populations in the State of Maine. Diseases of Regulatory Concern are classified by the Commissioner into three (3) disease categories exotic, endemic (limited distribution) and endemic based on an annual review and analysis of epidemiological data. See the following definitions and Chapter 2.03-A (E).
"Exotic" means those infectious agents that have not been detected in Maine as of the effective date of this rule. Pathogens classified as exotic based on available current information include:
"Endemic (limited distribution)" means those infectious agents of special concern whose geographic distribution within the State of Maine is not fully known. Pathogens classed as endemic (limited distribution) based on available information include:
"Endemic" means those infectious agents currently recognized to occur with predictable regularity in the State of Maine with only minor fluctuation in frequency over time.
"Fish culture facility" means an establishment where salmonids are grown for sale or release into inland waters of the State of Maine.
The name of each infectious pathogen and its accepted abbreviation are:
IPNV Infectious Pancreatic Necrosis Virus
IHNV Infectious Hematopoietic Necrosis Virus
VHSV Viral Hemorrhagic Septicemia Virus
OMV Oncorhynchus masou Virus
BF Furunculosis (Aeromonas salmonicida)
BR Enteric Redmouth (Yersinia ruckeri)
BKD Bacterial Kidney Disease (Renibacterium salmoninarum)
WD Whirling Disease (Myxobolus cerebralis)
CS Ceratomyxosis (Ceratomyxa shasta)
PKD Proliferative Kidney Disease (PKX)
IsaV Infectious Salmon Anemia virus
Other Any pathogen not detected in Maine as of the effective date of these rules.
"Inspection" means an on-site, statistically-based sampling of all lots of fish on the facility and resulting laboratory tests and inspection reports conducted by an inspector in accordance with the testing requirements and procedures set forth in these rules.
"Inspector" means an accredited, licensed veterinarian, a certified fish health inspector or persons recognized by federal or state agencies with responsibility for fish health or transfer in the state from which the fish or gametes originate upon approval of the Commissioner. No owner or employee with direct supervisory authority over a facility may serve as an inspector for their fish culture facility.
"Lot" means the following:
(Reserved for use by Department of Marine Resources.)
"New England Salmonid Health Guidelines" mean the January 15, 1997 edition of the New England Salmonid Health Guidelines.
"Owner" means any person, partnership, company or corporation with a proprietary interest in the fish culture facility being inspected.
"Passive surveillance" means the collection of disease data from historical records or diagnostic sampling done during a disease outbreak or a disease investigation.
"Prevalence" means the number of detectable cases of disease (or disease agents) present in a population.
"Production stock" means salmonid fish of size groups 1, 2, and 3.
"Size Group" means:
Size Group 1: Fish less than or equal to 4 cm in length, commonly referred to as fry.
Size Group 2: Fish from 4 to 6 cm in length, commonly referred to as fingerlings.
Size Group 3: Non-brood fishes greater than 6 cm in length, commonly referred to as yearlings/adults, which are not being held as brood stock.
Size Group 4: Sexually mature fish used as brood stock.
"Qualified source/hatchery" means an established source/hatchery that has had 3 consecutive annual inspections in which pathogens as described in Chapter 2.03-A (E) have not been detected; or a new hatchery that has had 3 successive negative annual inspections over a continuous 2 year period.
"Quarantine" means:
No movement of live fish off or to the site;
No visitors to site except necessary fish health personnel;
A biosecurity program approved by the Commissioner must be instituted at the site; and
Disposition of deceased and quarantined fish must be approved by the Commissioner.
"Reproductive fluids" means testicular and ovarian fluids.
"Restriction" means:
No movement of live fish off or to the site;
Disinfection protocols and biosecurity must be instituted at the site.
"Salmonid Fish" means fish of the family Salmonidae.
"Spawning broodstock" means a lot of sexually mature salmonid fish whose gametes will be incubated at fish culture facilities within Maine.
"Annual Fish Health Inspection Report" means the letter from the Inspector acknowledging that all lots of fish have been inspected according to procedures outlined in Chapter 2.03-A (F). The Fish Health inspection report shall include an itemized account of results.
"Fish Health Inspection Report" means a letter from the Inspector acknowledging that a specific lot or lots of fish have been inspected according to procedures outlined in Chapter 2.03-A (F). The Fish Health inspection report shall include an itemized account of results.
"Annual Fish Culture Facility Health Report" means a letter from the Commissioner stating the health status of any Fish Culture Facility that requires an annual Fish Health Inspection Report. The Fish Culture Facility Health Report shall be based upon the findings of Annual Fish Health Inspection Reports, the guidelines provided in Annex V of the New England salmonid Health Guidelines and any other fish health inspection reports.
"Importation Permit" means the permit issued by the Commissioner that authorizes the recipient to import salmonids to designated geographical area(s) in the inland waters of Maine during a specified time period.
"Pond Stocking Permit" means the permit issued by the Commissioner that authorizes the recipient to transfer and/or release live salmonids into inland waters of Maine.
Spawning Broodstock | Production Stock | ||||||
Size Group 4 | Size Group 1 | Size Groups 2 & 3 | |||||
Inspection Testing Requirement | Exotic Reportable | Endemic, limited distribution Reportable | Exotic Reportable | Endemic, limited distribution Reportable | Exotic Reportable | Endemic, limited distribution Reportable | |
Active Surveillance | VHSV IHNV ISAV | IPNV BKD | VHSV IHNV | IPNV | VHSV IHNV WD ISAV | BF BR IPNV BKD | |
Passive Surveillance | OMV CS WD PKD Other | BF BR Other | OMV CS PKD Other | BF BR BKD | OMV CS PKD Other | ||
Minimum sample sizes for populations varying from 50 to infinity are as follows:
| Assumed Prevalence: | 2% | 5% | 10% | 20% |
| Population or lot size | Size of sample | |||
| 50 | 50 | 35 | 20 | 5 |
| 100 | 75 | 45 | 23 | 8 |
| 250 | 110 | 50 | 25 | 11 |
| 500 | 130 | 55 | 26 | 13 |
| 1,000 | 140 | 55 | 27 | 14 |
| 1,500 | 140 | 55 | 27 | 14 |
| 2,000 | 145 | 60 | 27 | 15 |
| 10,000 | 145 | 60 | 27 | 15 |
| 100,000 | 150 | 60 | 30 | 15 |
| and any larger | ||||
The above sample sizes are the minimum number of fish to be tested and in situations where pathogens are suspected, larger samples shall be taken at the discretion of the fish health inspector. The method of collecting sub samples from rearing units to obtain a representative sample is left to the discretion of the inspector.
A Fish Health Technical Committee shall be established jointly by the Commissioners of the Departments of Inland Fisheries and Wildlife and the Department of Marine Resources to provide advice to maintain optimum health among Maine's aquatic resources and to safeguard wild and cultured organisms from the introduction of infectious organisms.
The composition and selection of the Fish Health Technical Committee shall reflect the interdisciplinary expertise required to address aquatic animal health issues. All members of the Fish Health Technical Committee shall be qualified fish health inspectors or qualified professionals in the fish health field.
09- 137 C.M.R. ch. 2, § 03-A