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 shall 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 shall be screened for regulated pathogens at a laboratory approved by the department.

          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.

          The application for an importation permit shall be denied if an emergency or prohibited disease or causative pathogen is detected in wild-caught fish or at an aquaculture facility.

          If a notifiable disease or causative pathogen is detected in wild-caught fish or at an aquaculture facility, the department's fish health official 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 notifiable aquatic animal pathogens to areas 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, shall 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, shall have been inspected within the past twelve months. In addition, other fish populations from this water shall 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, shall have been inspected within the past twelve months.

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

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

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

          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.