41:09:07:06.04.  Fish health inspection required. An annual fish health inspection for diseases of regulatory concern described in § 41:09:08:03.03 and aquatic nuisance species is required for any licensed aquaculture facility.

          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 shall be screened for regulated pathogens at a laboratory approved by the department. All laboratory fees are the responsibility of the licensee. The licensee shall pay in full any fee within 30 days after receipt of an invoice. The department may refuse to issue any future license for failure to comply with payment requirements of this section.

          Each fish health inspection and laboratory screening shall be conducted according to procedures in "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," 2007 Edition.

          If an emergency or prohibited disease or causative pathogen is detected in wild-caught fish kept at an aquaculture facility, or in fish cultured at the facility, the aquaculture facility may not stock fish in South Dakota. The department's fish health official shall determine a course of action necessary to eliminate the emergency or prohibitive disease or causative pathogen at the aquaculture facility. Two consecutive fish health inspections at six-month intervals with negative results for the pathogens of concern shall be completed before the aquaculture facility may resume stocking in South Dakota.

          If a notifiable disease, causative pathogen, or aquatic nuisance species is detected in wild-caught fish kept at an aquaculture facility or in fish cultured at the facility, the department's fish health official may allow the fish or fish reproductive products to be stocked if the official determines the stocking will not cause the introduction or spread of any notifiable aquatic animal pathogens to areas they currently do not occur.

          Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; 37 SDR 112, effective December 8, 2010.

          General Authority: SDCL 41-2-18(1)(22).

          Law Implemented: SDCL 41-2-18(1)(22), 41-6-39, 41-6-40, 41-6-43.

          Reference: "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," 2007 Edition. American Fisheries Society, Fish Health Section, 5410 Grosvenor Lane, Suite 110, Bethesda, Maryland 20814.