S.D. Admin. R. 41:09:08:03.04

Current through Register Vol. 51, page 67, December 16, 2024
Section 41:09:08:03.04 - Importation requirements for fish or fish reproductive products

Before the department may issue an importation permit for fish or any fish reproductive product, a current fish health certification or a fish health inspection report must be submitted to the department.

A fish health inspection may only be conducted by:

(1) A person who is currently certified by the American Fisheries Society as a fish pathologist or a fish health inspector;
(2) A person who is currently authorized by the department to conduct official fish health inspections and who has completed a fish health inspection training program approved by the department; or
(3) A licensed veterinarian who has completed a fish health inspection training program approved by the department. Any fish health sample collected during a fish health inspection must be screened for regulated pathogens at a laboratory approved by the department.

Each fish health inspection and laboratory screening must be conducted according to procedures in "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," or according to procedures of the "World Animal Health Organization (OIE) Aquatic Code," 19th Edition, 2016.

The application for an importation permit will be denied if a pathogen of regulatory concern is detected in fish or fish reproductive products that are requested to be imported.

The department's Aquatic Section Chief may allow the fish or fish reproductive products to be imported if the official determines the requested importation will not cause the introduction or spread of any pathogens of regulatory concern to areas in which they currently do not occur.

The fish or fish reproductive products to be imported, if obtained from man-made or natural waters and brought into a facility prior to shipping, must have been quarantined from other fish or fish reproductive products and inspected independently.

The fish or fish reproductive products to be imported, if obtained from man-made or natural waters, must have been inspected within the past twelve months. Other fish populations from this water must have been inspected within the same time period as determined by the department's fish health official.

The fish or fish reproductive products to be imported, if cultured at a facility, must have been inspected within the past twelve months.

S.D. Admin. R. 41:09:08:03.04

29 SDR 80, effective 12/10/2002; 35 SDR 184, effective 2/2/2009; 36 SDR 112, effective 1/11/2010; 43 SDR 89, effective 12/29/2016; 47 SDR 027, effective 9/15/2020; 49 SDR 046, effective 11/21/2022

General Authority: SDCL 41-2-18(1).

Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

"Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," 2014 Edition. American Fisheries Society, Fish Health Section, and "World Animal Health Organization (OIE) Aquatic Code," 19th Edition, 2016 World Animal Health Organization.