RULE 002.00.14-007 - Trout Importation - Stocking Permit Regulations (2014)

RULE 002.00.14-007. Trout Importation - Stocking Permit Regulations (2014)

01.00-C

  

DEFINITION OF TERMS

     

PUBLIC WATERS - Waters that members of the public have a legal right to access and use for recreational purposes, including all legally navigable waters.

     

TROUT - Any members of the Salmonidae family including rainbow trout, brown trout, brook trout, lake trout, cutthroat trout, salmon, and char.

     

WATERS OF THE STATE -All streams, lakes, ponds, sloughs, bayous, marshes or any other waters, either permanent or intermittent, located wholly or partially within Arkansas. Provided, however, "waters of the state" shall not include pay lakes, fish farms, or any waters that are confined within a pond, tank, or lake, situated entirely on the premises of a single private owner and which, except under abnormal flood conditions, are not connected with any other flowing stream or body of water that extends beyond the premises of such owner.

26.12

  

RELEASE OF NATIVE OR NON-NATIVE AQUATIC WILDLIFE PROHIBITED

10-02

  

It is unlawful to release native or non-native aquatic wildlife, including their eggs, into the waters of the state without the written permission of the Commission.

     

EXCEPTION:

(1) Aquatic species may be released back into the waters from which they were taken.

(2) A person may, while fishing in waters of the state, use baitfish as bait in compliance with Code 26.18.

(3) A person who has obtained a valid Trout Stocking Permit from the Commission Chief of Fisheries (Addendum V 1.01) may release trout and trout eggs into waters of the state in compliance with the terms of the permit.

(4) No permit is required for stockings of trout and trout eggs into public waters as part of an officially coordinated project of the Commission with written authorization from the Chief of Fisheries.

     

PENALTY: Class 2

27.07

  

IMPORTATION OF TROUT PROHIBITED

     

It is unlawful to import live trout, including their eggs, into Arkansas without the written permission of the Commission.

     

EXCEPTION:

(1) A person who has obtained a valid Trout Importation Permit from the Commission Chief of Fisheries (Addendum VI. 02) may import live trout and trout eggs into Arkansas in compliance with the terms of the permit and Code 35.11 (Viral Hemorrhagic Septicemia Virus (VHSV) Fish Importation Regulation).

     

PENALTY: Class 2

ADDENDUM

CHAPTER V 1.00 - TROUT IMPORTATION AND STOCKING PERMIT REQUIREMENTS

V1.01

  

TROUT STOCKING PERMIT REQUIREMENTS

10-14

  

(A) Trout Stocking Permits may be issued by the Chief of Fisheries to applicants complying with the following requirements:

(1) The applicant must be at least 18 years old and shall not have been convicted of (as defined in Code 01.00-C) for violating any federal, state or municipal law or regulation governing wildlife or fisheries, illegal appropriation or commercialization of wildlife or fisheries, or cruelty to animals within five years of the application date;

(2) The applicant must provide satisfactory proof of applicant's ownership of the land beneath the waters for which the permit is sought;

(3) The applicant shall certify in writing that he/she is in compliance with all federal, state, and local laws or regulations and possesses all required permits or licenses;

(4) The applicant shall submit a written application (available from the Commission) for each stocking to be permitted. Each application submitted shall contain the applicant's contact information; a general description and the location (including section, township, range, county) of the water(s) to be stocked; the proposed stocking date(s); the originating facility's contact information; the species, size, and number of trout and trout eggs to be stocked; and any other information requested on the application form; and

(5) The applicant shall include with the application a disease-free certification for the fish farm or other facility from which the trout or trout eggs will originate. The certification must have been issued under the guidelines set forth by the American Fisheries Society Fish Health Blue Book- Procedures for the Detection and Identification of Certain Fish Pathogens ("disease-free certification").

     

(B) The requested permit shall be denied if:

(1) The applicant fails to meet any of the issuance criteria set forth in this regulation;

(2) The land beneath the waters for which the permit is sought is publicly-owned or such waters constitute navigable or otherwise public waters;

(3) The applicant fails to disclose material information required, or makes false statements as to any material fact in connection with the application, or supplies false information or makes a false statement on the application;

(4) The Commission finds, through further inquiry or investigation (including the inspection detailed below), that the issuance of the permit may be potentially harmful to the fishery resources of the state or that the stocking action is inconsistent with the Commission's management objectives for the water and the watershed to be stocked;

(5) The Commission's Fisheries Pathologist disapproves the disease-free certification submitted by the applicant; or

(6) The trout species for which the permit is requested is restricted or prohibited under federal or state law or Commission regulation.

     

(C) Inspection:

(1) The Fisheries Division shall inspect the waters for which the permit is

     

sought before issuance or disapproval of the permit. Inspection will be for the purpose of evaluating the public versus private nature of the waters, connectivity of the waters, suitability of the waters for the trout species proposed to be stocked, biosecurity of the waters and related facility (if any), opportunity for escapement of the stocked trout, potential impact of trout on aquatic resources, and likelihood of viability for trout populations outside of the proposed permitted stocking location. (2) Applicants and permittees shall allow agents of the Commission to enter and inspect the premises, including books, records or permits required to be kept, and any trout, trout eggs, or facilities kept under authority of permit at reasonable times upon request by an agent of the Commission.

     

(D) Permit Requirements:

(1) Permittee must notify the Fisheries Division in writing of the actual date of each stocking and provide a current disease-free certification at least five (5) business days prior to the stocking event.

(2) The stocking permit must be available at the location of any stocking.

(3) Within 14 calendar days after each stocking event, the permittee must submit a report regarding the event that includes the permittee's contact information, the permit number, the waters stocked, the location (including section, township, range, county) of the stocking, the stocking date, originating facility, the species, size, and number of trout and trout eggs stocked.

     

(E) Reporting and Record-keeping Requirements:

(1) Legible records of all trout and trout egg acquisitions and dispositions, including origin, stocking dates, the waters stocked, the location (including section, township, range, county) of the stocking, and the species, size, and number of trout or trout eggs stocked, shall be kept.

(2) Records shall include evidence of legal possession of all trout or trout eggs stocked under the permit, including permits, licenses, bills of sale, bills of lading, receipts, invoices or other satisfactory evidence of ownership. Records shall include date of acquisition, place of origin, and the name, address and telephone number of the person from whom the trout or trout eggs were acquired.

(3) Records must be retained for five years.

     

(F) Permit Renewal, Transfer, Suspension And Revocation:

(1) Trout Stocking Permits shall expire on December 31 each year. Permits may be reviewed and renewed following receipt and approval by the Chief of Fisheries of a permit renewal application (available from the Commission). Permit renewal applications must be submitted to the Chief of Fisheries within 60 days of permit expiration.

(2) Trout Stocking Permits are not transferable.

(3) Persons in violation of the terms of this permit, Commission Codes, or convicted of violating associated regulations of the U.S. Fish and Wildlife Service, shall be notified in writing and shall have 20 days to respond with just cause as to why their permit should not be suspended or revoked.

(4) If after 20 days just cause has not been given, the Commission may suspend or revoke any existing permit held by the violator and may refuse to issue future permits. Permit suspension, revocation or refusal shall be in addition to any criminal charges that may be filed.

(5) Upon revocation, permit holder must remove by legal means all trout and trout eggs within the time designated in the revocation, not to exceed 60 days, and failure to do so shall result in the Commission taking action, per Commission policy, at the permit holder's expense.

VI .02

  

TROUT IMPORTATION PERMIT REQUIREMENTS

10-14

  

(A) Trout Importation Permits may be issued by the Chief of Fisheries to applicants complying with the following requirements:

(1) The applicant must be at least 18 years old and shall not have been convicted of (as defined in Code 01.00-C) for violating any federal, state or municipal law or regulation governing wildlife or fisheries, illegal appropriation or commercialization of wildlife or fisheries, or cruelty to animals within five years of the application date;

(2) The applicant shall certify in writing that he/she is in compliance with all federal, state, and local laws or regulations and possesses all required permits or licenses;

(3) The applicant shall submit a written application (available from the Commission) for each importation to be permitted. Each application submitted shall contain the applicant's contact information; the proposed importation date(s); the originating facility's contact information; the species, size, and number of trout and trout eggs to be imported; and any other information requested on the application form;

(4) The applicant shall include with the application a disease-free certification for the fish farm or other facility from which the trout or trout eggs will originate. The certification must have been issued under the guidelines set forth by the American Fisheries Society Fish Health Blue Book- Procedures for the Detection and Identification of Certain Fish Pathogens ("disease-free certification"); and

(5) If the trout or trout eggs will originate from a VHSV-positive state, the applicant must provide satisfactory proof of compliance with Code 35.11.

     

(B) The requested permit shall be denied if:

(1) The applicant fails to meet any of the issuance criteria set forth in this regulation;

(2) The applicant fails to disclose material information required, or makes false statements as to any material fact in connection with the application, or supplies false information or makes a false statement on the application;

(3) The Commission finds, through further inquiry or investigation (including the inspection detailed below), that the issuance of the permit may be potentially harmful to the fishery resources of the state;

(4) The Commission's Fisheries Pathologist disapproves the disease-free certification submitted by the applicant; or

(5) The trout species for which the permit is requested is restricted or prohibited under federal or state law or Commission regulation.

     

(C) Inspection:

(1) Applicants and permittees shall allow agents of the Commission to enter and inspect the premises, including books, records or permits required to be kept, and any trout, trout eggs, or facilities kept under authority of permit at reasonable times upon request by an agent of the Commission.

     

(D) Permit Requirements:

(1) Permittee must notify the Fisheries Division in writing of the actual date of each importation and provide a current disease-free certification at least five (5) business days prior to the importation event.

(2) The importation permit must accompany the permitted trout or trout eggs during importation.

     

(3) Within 14 calendar days after each importation event, the permittee must submit a report regarding the event that includes the permittee's contact information, the permit number, the importation date, originating facility, the species, size, and number of trout and trout eggs imported.

     

(E) Reporting and Record-keeping Requirements:

(1) Legible records of all trout and trout egg acquisitions and dispositions, including origin, importation dates, and the species, size, and number of trout or trout eggs imported, shall be kept.

(2) Records shall include evidence of legal possession of all trout or trout eggs imported under the permit, including permits, licenses, bills of sale, bills of lading, receipts, invoices or other satisfactory evidence of ownership. Records shall include date of acquisition, place of origin, and the name, address and telephone number of the person from whom the trout or trout eggs were acquired.

(3) Records must be retained for five years.

     

(F) Permit Renewal, Transfer, Suspension And Revocation:

(1) Trout Importation Permits shall expire on December 31 each year. Permits may be reviewed and renewed following receipt and approval by the Chief of Fisheries of a permit renewal application (available from the Commission). Permit renewal applications must be submitted to the Chief of Fisheries within 60 days of permit expiration.

(2) Trout Importation Permits are not transferable.

(3) Persons in violation of the terms of this permit, Commission Codes, or convicted of violating associated regulations of the U.S. Fish and Wildlife Service, shall be notified in writing and shall have 20 days to respond with just cause as to why their permit should not be suspended or revoked.

(4) If after 20 days just cause has not been given, the Commission may suspend or revoke any existing permit held by the violator and may refuse to issue future permits. Permit suspension, revocation or refusal shall be in addition to any criminal charges that may be filed.

(5) Upon revocation, permit holder must remove by legal means all trout and trout eggs within the time designated in the revocation, not to exceed 60 days, and failure to do so shall result in the Commission taking action, per Commission policy, at the permit holder's expense.

(11/3/2014)

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