W. Va. Code R. § 61-35-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-35-5 - Health Requirements for Aquaculture Importation
5.1. There are numerous infectious diseases that threaten not only the health of aquaculture species, but may also threaten the viability of the entire aquaculture industry. As such, a framework for aquatic animal health has been established by the Aquaculture Advisory Board to ensure that aquaculture species being imported into the state of West Virginia can be identified as specific pathogen-free. This framework is built upon four distinct categories, each with its own corresponding list of viral, bacterial, and parasitic diseases that are subject to the requirements of that category. The list for each disease category shall be maintained by the Commissioner of Agriculture, or his or her designee, and the State Veterinarian. They, may add or remove diseases from each list. Not all aquatic species are susceptible to the diseases listed in the four categories. Before importation of any susceptible species or products of those species (such as viable eggs or sperm) may occur, proper diagnostic testing at an accredited laboratory must be performed to determine specific pathogen-free status of the facility from which the animals will be moved. The four categories are as follows:
5.1.a. Category I diseases are not present in West Virginia. To ensure that diseases in this category are not imported into the state the following directives shall apply:
5.1.a.i. A veterinarian or certified trained personnel shall conduct mandatory farm certification or screening of individual lots.
5.1.a.ii. The Commissioner shall refuse to issue an importation permit for any screened animals in which a Category I disease is detected.
5.1.a.iii. A veterinarian or certified trained personnel may require special methods for detection of listed diseases.
5.1.b. Category II diseases are not present in West Virginia. Only those aquatic species originating from a state or zone where listed diseases have been reported will be tested. To ensure that diseases in this category are not imported into the state the following directives shall apply:
5.1.b.i. A veterinarian or certified trained personnel shall conduct mandatory farm certification or screening of individual lots.
5.1.b.ii. The Commissioner shall refuse to issue an importation permit for any screened animals in which a Category II disease is detected.
5.1.b.iii. A veterinarian or certified trained personnel may require special methods for detection of listed diseases.
5.1.c. Category III diseases are currently present in West Virginia, but are not desirable for importation. The spread of these pathogens such that other producers or West Virginia's natural resources are impacted will be avoided. The long term goal is elimination of these pathogens from aquaculture facilities within the state. Avoidance of these diseases will be recommended, but not mandatory. The following directives shall apply:
5.1.c.i. A veterinarian or certified trained personnel shall conduct mandatory farm certification or screening of individual lots.
5.1.c.ii. The detection of these pathogens in screened aquatic species will not constitute cause for denial of importation, but importation of animals showing clinical signs will be discouraged.
5.1.c.iii. Special methods for the detection of listed diseases will not be required.
5.1.d. Category IV, special cases. The State Veterinarian may issue at their discretion such permit as they are authorized to issue, fix the terms thereof, and revoke at their pleasure.
5.2. All shipments of aquaculture species for importation shall be accompanied by the following documents demonstrating the health status of those animals.
5.2.a. An Owner-Shipper Statement (OSS) completed by the consigner (seller) of the aquatic species intended for importation into the state of West Virginia. This document, provided by the Department, serves as a notice of pending importation and shall contain contact information for the consigner, descriptive information of the aquatic species being imported, and a verification of health of those aquatic animals. A copy of this document must be mailed to the Department upon completion of the sale to an aquaculture producer, and must be provided to the Department five (5) days prior to shipment. An additional copy of the document must accompany the shipment of aquatic species upon importation into this state. The consigner shall complete a new document for every shipment of aquatic species into this state.
5.2.b. A health certification verifying that susceptible aquatic species within the originating facility have been tested by an accredited laboratory for the diseases listed in Categories I-IV within twelve months of the date of import.

W. Va. Code R. § 61-35-5