2 CCR 406-0-014 - AQUATIC WILDLIFE HEALTH MANAGEMENT
A. Inspection
and Certification for Prohibited and Regulated Fish Diseases
1. Annual fish health inspections and
certifications are required for all in-state fish production or holding
facilities, which sell or stock live fish, and out of state facilities
importing live fish into Colorado. A fish health certification will terminate
one year from the effective date of certification or upon discovery of a
prohibited or regulated disease, whichever occurs first. However, provided the
facility requests its annual fish health inspection within 12 months of the
effective date of its last certification, its fish health certification shall
be valid for fifteen months or whenever its subsequent inspection report is
available, whichever occurs first. In the absence of a timely written request
for an annual fish health inspection the fish health certification shall
terminate 12 months from the effective date of its last certification. A copy
of such certification must accompany each fish shipment within or into
Colorado.
2. All such facilities
shall be annually inspected by a qualified fish pathologist for both prohibited
and regulated diseases as applicable.
a.
Prohibited diseases
1. All salmonid
facilities must be certified to be free of the following diseases:
Infectious Hematopoietic Necrosis Virus (IHNV)
Viral Hemorrhagic Septicemia Virus (VHSV)
Oncorhynchus masou Virus (OMV)
2. All non-salmonid fish
production or holding facilities, and any non-salmonid fish being exported from
or imported to Colorado, must be certified free of Viral Hemorrhagic Septicemia
Virus (VHSV).
3. Inspection and
Certification for Other Diseases of Concern: susceptible or potentially
susceptible species from all importing facilities within the applicable endemic
disease areas, including both salmonid and nonsalmonid fish production or
holding facilities, must also be annually certified by a qualified fish
pathologist to be free of the following diseases:
Ceratomyxa shasta (Ceratomyxosis)
Epizootic Epitheliotropic Disease (EEV)
Infectious Salmon Anemia Virus (ISAV)
Piscirickettsia salmonis
Tetracapsula bryosalmo (Proliferative Kidney Disease - PKD)
Spring Viremia of Carp Virus (SVCV)
b. Regulated diseases - all
salmonid facilities must be certified for the presence or absence of the
following diseases:
Myxobolus cerebralis (Whirling Disease - WD)
Renibacterium salmoninarum (Bacterial Kidney Disease - BKD)
Aeromonas salmonicida (Furunculosis)
Infectious Pancreatic Necrosis Virus (IPNV)
3. Testing procedures.
a. Except for Viral Hemorrhagic Septicemia
Virus (VHSV) and as otherwise provided in these regulations, all inspections
and testing procedures must be conducted as set forth in AFS-FHS (American
Fisheries Society-Fish Health Section). 2014. FHS blue book: suggested
procedures for the detection and identification of certain finfish and
shellfish pathogens, 2020 edition. Accessible at:
https://units.fisheries.org/fhs/fish-health-section-blue-book-2020/.
This document can be viewed and copies obtained at the Division as set forth in
the "Incorporated References" section of Chapter 0 of these
regulations.
b. Testing for Viral
Hemorrhagic Septicemia Virus (VHSV) shall be conducted by the protocols and
procedures of:
1. AFS-FHS (American Fisheries
Society-Fish Health Section). 2014. FHS blue book: suggested procedures for the
detection and identification of certain finfish and shellfish pathogens, 2020
edition. Accessible at:
https://units.fisheries.org/fhs/fish-health-section-blue-book-2020/.
or
2. The Manual of diagnostics for
aquatic animals 2021 edition. of the OIE - World Organisation for Animal
Health, 12 rue de Prony 75017 Paris, France.
These documents can be viewed and copies obtained at the Division as set forth in the "Incorporated References" section of Chapter 0 of these regulations.
4. Authority to exempt applicants from
specific pathogen testing is granted to the Director, upon consultation with,
review, and recommendation from the Fish Health Board, when the following
criteria are met:
a. Compliance with testing
requirements would result in an unacceptable impact on the sample
population.
b. There is minimal
risk of introducing an exotic pathogen into the state.
c. There is minimal risk of exposing
free-flowing waters to any specific pathogen.
d. Adequate provisions for management and
disposition of the fish and adequate disinfection of the water as necessary are
made and incorporated as conditions of the importation permit.
Application for such an exemption shall be submitted to the Division at least fourteen (14) working days prior to the proposed importation date. The Director shall have fourteen (14) working days to approve or disapprove the application. The Fish Health Board shall review and submit its recommendation to the Director within seven (7) working days after receipt from the Division.
B. Reportable Diseases: the presence of any
prohibited or regulated disease at an in-state or importing facility shall be
immediately reported to the Division.
C. Management of Prohibited and Regulated
Fish Diseases.
1. Prohibited Disease agents.
a. No fish or gametes (eggs and sperm) with,
or exhibiting clinical signs of, any Prohibited Disease, or any other
infectious agents determined by the Director to pose a significant threat to
Colorado's aquatic resources, may be imported or placed in waters of this state
without written approval of the Director. Written approval may be granted only
after the following conditions have been met:
1. The Director has determined that no damage
or undesirable effects to existing fish populations and their habitat will
occur.
2. The nature of any
disease(s) must be positively determined and documented.
b. If fish are found with Prohibited Diseases
or any diseased wildlife, which would have a significant detrimental effect on
Colorado's wildlife resource as determined by the Director, are found at any
fish production or holding facility they may be destroyed or held in quarantine
at the owner's expense, in accordance with 33-5.5-102 C.R.S. Possession,
transfer or any other act relative to such wildlife contrary to the Director's
determination of disposition is prohibited.
c. The Director shall determine when
destruction of wildlife, a quarantine or disinfection is required at any
federal, state, private or commercial fish or wildlife production facility. If
the Director determines that either destruction, quarantine or disinfection is
required, he shall issue a written order to the owner or operator of the
facility setting forth the steps for destruction and/or disinfection. Required
disinfection of holding facilities will be completed at the owner's expense. If
the owner disagrees with the Division's determination he shall have the right
to appeal the decision to the Wildlife Commission provided notice of such
appeal is given to the Director within seventy-two (72) hours of receipt of the
order.
2. Regulated
Disease Agents
a.
Myxobolus
cerebralis (Whirling Disease - WD)
1.
Myxobolus cerebralis
testing
a. At the time of the annual
inspection for whirling disease certification, all facilities in Colorado or
facilities importing fish into Colorado shall be tested using either of the two
methodologies listed below.
1. Spore
Concentration Technique: The facility shall provide at least one lot of live
salmonids (minimum lot size of 260 fish) for whirling disease testing. As a
screening procedure, fish shall be tested for the presence of Myxobolus
cerebralis using a spore concentration technique ("SCT"). Minimum
sample size of lots in aggregate shall be determined at the assumed prevalence
level of 5% with 95% confidence.
a. Any
negative finding will be conclusive for the absence of Myxobolus
cerebralis
.
b. Any positive finding will be presumptive
for the presence of Myxobolus
cerebralis
. All presumptive SCT findings
shall be confirmed by PCR. PCR results shall be conclusive as to the presence
or absence of Myxobolus
cerebralis
.
2. Polymerase Chain Reaction (PCR) Technique:
As an alternative to SCT, susceptible salmonids held at least 4 months in the
water supply may be tested by PCR. A positive finding in such instance shall be
considered presumptive for the presence of Myxobolus
cerebralis. Confirmation shall be determined by a second PCR conducted
by a different laboratory.
b. Sample size - for the purpose of annual
inspections for Myxobolus cerebralis, the minimum sample size
for determination of prevalence shall be sixty susceptible fish per water
supply in a fish production facility.
c. Stocking from facilities which are
presumptive for Myxobolus cerebralis.shall comply with the
provisions of release of Myxobolus cerebralis positive fish
during confirmatory testing. PCR tests for presumptive positives will be the
highest priority for testing and every effort will be made to complete the test
within 21 days.
d. For the purpose
of conducting confirmatory testing, should it become necessary, at least 100
fish from each lot tested, with at least 200 total fish from tested lots, shall
be held at the facility for up to 3 weeks after the initial inspection
date.
e. Diagnostic or incidental
observations of Myxobolus cerebralis by histology (presence of
morphologically correct organisms within salmonid skeletal tissues) shall be
presumed positive for the organism. Presumptive findings by histology shall be
confirmed by PCR.
2. WD
Negative Recertification: In order for the Myxobolus
cerebralis status of a salmonid fish production facility to change
from positive to negative, the owner and/or operator of the facility must
complete all of the requirements of either aa or bb below:
a. Method 1 - Facility modifications and
testing for Myxobolus cerebralis:
1. Render all originating water sources at
the facility free of all fish and enclosed so as to prevent outside
contamination by Myxobolus cerebralis.
2. Construct all rearing spaces and water
conveyances of concrete, fiberglass, steel, or other manufactured impermeable
materials that are not conducive to colonization by the alternate oligochaete
host(s) of Myxobolus cerebralis.
3. Completely purge all sediments from
rearing spaces and water conveyances at least once every two months.
4. After completion of steps 1 through 3,
have the facility tested and found negative for Myxobolus
cerebralis according to the following procedures and schedule:
a. A minimum of three hundred rainbow trout
at least four months of age shall be designated as the sentinel lot and must be
individually marked by a state fish pathologist. These fish will then be placed
in approved rearing spaces selected for optimal exposure, at which time the
exposure period shall begin.
b.
Fish shall be collected and tested for Myxobolus cerebralis by
a qualified fish pathologist during two inspections. A minimum of sixty fish
from the sentinel lot, still bearing the previously placed tags, shall be
included in each sample. The inspections shall occur at least ten months and at
least fourteen months after the exposure period begins if a Spore Concentration
Technique (SCT) is used. The testing shall occur at least 8 months and at least
12 months after the exposure period begins if Polymerase Chain Reaction (PCR)
is used as the testing technique. The time frame for such testing by PCR may be
shortened further if it is determined by the Director after consultation with
the Fish Health Board that an additional reduction of the time frame for
testing would present a negligible risk of not detecting the presence of
Myxobolus cerebralis, after consideration of the following
criteria:
1. Water supply(s).
2. Distance between water supply(s) and
rearing spaces.
3. Nature of
connecting pipes and conveyances.
4. Possibility of fish entering and exiting
in water supply lines.
5. Nature
and construction of rearing spaces.
b. Method 2 - Testing for Myxobolus
cerebralis with partial or no facility modification.
1. A minimum of three hundred rainbow trout
at least four months of age shall be designated as a sentinel lot, and must be
individually marked by a qualified fish pathologist. These fish will then be
placed in approved rearing spaces selected for optimal exposure to
Myxobolus cerebralis, at which time the exposure period shall
begin.
2. Fish shall be collected
and tested for Myxobolus cerebralis by a qualified fish
pathologist during four inspections. A minimum of sixty fish from the sentinel
lots, still bearing the previously placed tags, shall be included in each
sample. The inspections shall occur at least ten, fourteen, twenty-four, and
twenty-eight months if SCT is used, or at least eight, twelve, twenty, and
twenty-four months if a PCR is used as the testing technique after the exposure
period begins. A second sentinel lot will be placed in the same rearing spaces
after collection of the fourteen month sample for SCT or twelve month sample
for PCR. The time frame for testing by PCR may be shortened further if it is
determined by the Director that an additional reduction of the time frame for
testing would present a negligible risk of not detecting the presence of
Myxobolus cerebralis after consideration of the following
criteria:
a. Water supply(s).
b. Distance between water supply(s) and
rearing spaces.
c. Nature of
connecting pipes and conveyances.
d. Possibility of fish entering and exiting
in water supply lines.
e. Nature
and construction of rearing spaces.
f. Nature and reliability of treatment
technology.
g. System redundancy
and back-up power supply.
3. Sampling in these inspections will be
conducted at a minimum assumed prevalence level of five percent at the
ninety-five percent level of confidence per lot at least eight months old; and
at a minimum assumed prevalence level of two percent at the ninety five percent
level of confidence for the facility as a whole.
c. Upon satisfactory completion of the
requirements under either Method I or Method II, the State Fish Pathologist
shall provide certification of negative Myxobolus cerebralis
status.
3. Operation of
Myxobolus cerebralis Positive Fish Production Facility.
a. No person shall operate a fish production
facility which has been diagnosed positive for Myxobolus
cerebralis in salmonid habitat unless an exemption allowing such
operation has been granted by the Director after consultation with the Fish
Health Board.
1. Applications for such
exemptions shall be evaluated based on the following factors:
a. The ability of the facility to remediate
and regain Myxobolus cerebralis negative status, and any
Whirling Disease Clean-up Plan (WDCP) submitted by the applicant;
b. The risk to native cutthroat trout
management habitats;
c. The risk to
any other salmonid habitats;
d. The
risk to any recreationally valuable salmonid fishery;
e. Social and economic impacts to private and
public entities, and
f. The
Whirling Disease Management Plan (WDMP) submitted by the applicant.
b. Applications for
exemptions to operate a Myxobolus cerebralis positive facility
within salmonid habitat shall be submitted to the Director within 60 days of
notification that the facility has tested positive for Myxobolus
cerebralis. Persons that submit timely applications for exemptions
shall be allowed to continue operation, subject to all other applicable
regulations, pending the Director's decision. Persons that fail to submit a
timely application or have their application for exemption denied shall cease
all fish production operations and shall dispose of the fish located on the
facility within 180 days or, if the 60 day notice period runs or the
application is denied after April 1st, by October
1st of the following year.
c. All applications shall include a Whirling
Disease Management Plan (WDMP) and, if the applicant intends to undertake
facility remediation, a Whirling Disease Clean-up Plan.
d. The WDMP shall include the best management
practices (BMP) to be used to minimize the discharge of spores and TAMS into
waters of the state should the facility be allowed to continue operation while
positive for Myxobolus cerebralis, including any temporary
operation while the applicant undertakes clean-up of the facility.
1. BMP's for fish production facilities
shall, at a minimum, specifically describe or address the following factors:
a. The Myxobolus cerebralis
status of fish brought onto the facility;
b. The size of fish brought onto the
facility;
c. The size of fish
introduced into earthen ponds;
d.
Facility construction and operation;
e. Disinfection procedures;
f. Disposition of mortalities;
g. Species to be reared;
h. Treatment of effluent;
i. Exposure of vulnerable-sized fish to
temperatures optimum for TAM production;
j. Monitoring of effluent for spore/TAM
levels, and;
k. Any other site
specific or disease considerations.
e. Persons granted an exemption to operate a
Myxobolus cerebralis positive facility within salmonid habitat
shall:
1. Comply at all times with the terms
and conditions of any exemption granted by the Director, including, but not
limited to, compliance with WDMP and the BMPs approved for the
facility;
2. Submit an annual
report to the Division by the anniversary date of the exemption. The annual
report shall address operation of the facility and compliance with terms and
conditions of the exemption. An annual site inspection may be conducted to
determine compliance with the terms and conditions of the exemption.
f. Exemptions granted by the
Director shall be valid unless the applicant fails to comply with the terms of
the exemption, fails to submit an annual report, or new and significant
information regarding the risks associated with continued operation of the
Myxobolus cerebralis positive facility, or the availability of
BMPs which would improve management of the infection, supports modification of
the WDMP and the exemption or revocation of the exemption.
4. Release of Myxobolus
cerebralis Positive Fish
a. No live
salmonid originating from a facility which has been diagnosed positive or
presumptive for Myxobolus cerebralis may be released into
salmonid habitat unless an exemption allowing such stocking has been granted by
the Director after consultation with the Fish Health Board.
b. Applications for exemptions shall be
submitted to the Director at least 60 days prior to any proposed
stocking.
c. Applications for
stocking exemptions shall be evaluated based on the following factors:
1. The risk to native cutthroat trout
management habitats, any other salmonid habitats or any recreationally valuable
salmonid fishery, including consideration of:
a.
M.c. status of
free-ranging fish in the water proposed for stocking;
b. Proximity to native cutthroat trout waters
or planned cutthroat trout recovery areas;
c. Size and species of salmonids to be
stocked;
d. The prevalence or
intensity of Myxobolus cerebralis infection in and the total
number of salmonids to be stocked;
e. Connection of the water proposed for
stocking to other public or private water at any time during the
year;
f. The presence of naturally
reproducing salmonid species in connected waters;
g. The prevalence or intensity of
Myxobolus cerebralis infection, if any, in naturally
reproducing salmonid populations present in connected waters;
h. The presence and Myxobolus
cerebralis status of fish production or distribution facilities in
connected waters;
i. The physical
and operational, if an impoundment, characteristics of the water to be
stocked;
j. Any other factor which
determined by the Director to be important in determining the risk to fish or
fish habitat.
2. Social
and economic impacts to private and public entities, and;
3. The Whirling Disease Management Plan
(WDMP) submitted by the applicant.
d. All applications for stocking exemptions
shall include a Whirling Disease Management Plan (WDMP). The WDMP shall include
the best management practices (BMP's) to be used to minimize the discharge of
spores and TAMS to waters of the state due to the stocking of the fish. BMP's
for fish stocking shall, at a minimum, specifically describe or address the
following factors:
1. Size of
Myxobolus cerebralis positive fish to be stocked;
2. Species of Myxobolus
cerebralis positive fish to be stocked;
3. Facility construction and
operation;
4. Disinfection
procedures;
5. Disposition of
mortalities;
6. Treatment of
effluent;
7. Exposure of
vulnerable-sized fish to temperatures optimum for TAM production;
8. Monitoring effluent for spore/TAM levels,
and;
9. Any other site specific or
disease considerations.
e. Persons granted a stocking exemption
shall:
1. Comply at all times with the terms
and conditions of any exemption granted by the Director, including, but not
limited to, compliance with WDMP and the BMPs approved for the
stocking.
2. Submit an annual
report to the Division on the anniversary date of the exemption. The annual
report shall address compliance with terms and conditions of the exemption. An
annual site inspection may be conducted to determine compliance with the terms
and conditions of the exemption.
f. Exemptions granted by the Director shall
be valid unless the applicant fails to comply with the terms of the exemption,
fails to submit an annual report, or new and significant information regarding
the risks associated with the stocking of Myxobolus cerebralis
positive fish, or the availability of BMPs which would improve management of
the infection, supports modification of the WDMP and the exemption, or
revocation of the exemption.
b.
Renibacterium
salmoninarum (Bacterial Kidney Disease - BKD)
1. Bacterial Kidney Disease Management
Plans:No later than 60 days of finding and notification that an in-state fish
production facility is positive for Renibacterium
salmoninarum, the owner shall submit a written management plan to the
Fish Health Board and to the Director. The plan shall address possible sources
of infection, species of fish, types of rearing containers, disinfection,
eradication and avoidance of recurrence of the pathogen, and the proposed
disposition of positive fish. Within 30 days after submittal, the Fish Health
Board shall review the plan and submit it with a recommendation for approval,
rejection or modification to the Director. The Director shall then have 15 days
to approve, reject, or modify the plan. Before making a final decision, the
Director will consider the recommendation of the Fish Health Board and the
effectiveness of the plan in controlling and managing the pathogen in the fish
production facility.
2.
Re-establishment of Negative Status for BKD:In order for the
Renibacterium salmoninarum status of a fish production
facility or free-ranging fish population to change from positive to negative,
the owner and/or operator of the facility must complete all of the requirements
of either a or b below:
a. Method 1 - Testing
for Renibacterium salmoninarum without depopulation:
After twelve months and the completion of three consecutive negative inspections at least three months apart, aqualified fish pathologist shall provide notification that the facility or population is considered negative for Renibacterium salmoninarum.
b. Method 2 - De-population of lots testing
positive and testing for Renibacterium salmoninarum:
After de-population of lots testing positive and the completion of two consecutive negative inspections at least three months apart, the qualified fish pathologist shall provide notification that the facility or population is considered negative for Renibacterium salmoninarum.
3. No person shall release into any fish
production facility or into any waters of this state live salmonid fish or
gametes from a free-ranging fish population or fish production facility which
is positive for Renibacterium salmoninarum, (the causative
agent of Bacterial Kidney Disease) except as allowed herein.
a. Release is limited to waters and fish
production facilities approved by the Director. Waters will not be approved if
such stocking is determined to be a significant threat to:
1. any other federal, state, or permitted
fish production facility; or
2.
stocking restricted cutthroat trout waters identified in Appendix C;
or
3. any other free-ranging
salmonid fish populations determined to be of special importance to Colorado's
fishery resources, considering the uniqueness of the resource, use and/or
potential for use as a source of brood fish or gametes.
A list of approved waters and fish production facilities and the maps indicating the location of stocking restricted cutthroat trout waters are available from the manager of the Aquatic Resources Section of the Division, 6060 Broadway, Denver, CO 80216.
b. The owner and/or operator of a fish
production facility receiving gametes from a free-ranging fish population or
fish production facility which is positive for Renibacterium
salmoninarum shall have the progeny tested for Renibacterium
salmoninarum prior to movement of the progeny from the
facility.
c.
Aeromonas
salmonicida (Furunculosis): No live salmonid fish originating from a
facility which has been diagnosed positive for Aeromonas
salmonicida (Furunculosis) may be stocked within stocking restricted
cutthroat trout waters identified in Appendix C.
1. A state, federal or licensed aquaculture
facility shall be considered negative upon the completion of a negative
inspection at least 60 days after a positive diagnosis of Aeromonas
salmonicida (Furunculosis).
2. Eggs originating from a facility which has
been diagnosed positive for Aeromonas salmonicida
(Furunculosis) shall be disinfected both at the point of origin and at their
destination, using the method as set forth in #014 Aquatic Wildlife Health
Management of these regulations.
d. Infectious Pancreatic Necrosis Virus
(IPNV): Any aquaculture facility found positive for Infectious Pancreatic
Necrosis Virus (IPNV) shall be subject to virus eradication efforts approved by
the Director at the owner's expense within one calendar year of the positive
finding.
1. No person shall import into
Colorado or release into any waters of this state live salmonid fish or gametes
(eggs or sperm) from a water or facility in which Infectious Pancreatic
Necrosis Virus (IPNV) has been identified without a plan for the eradication of
the virus and disposition of affected fish approved by the Director. Upon a
positive finding of Infectious Pancreatic Necrosis Virus (IPNV) in an
aquaculture facility in Colorado, the owner shall have 60 days to submit a
written plan to the Fish Health Board for the eradication of the pathogen and
disposition of the fish. The Fish Health Board shall have 30 days to review the
plan and submit it with a recommendation for approval, rejection or
modification to the Director. Before making a final decision, the Director will
consider the recommendation of the Fish Health Board and the effectiveness of
the process outlined in the plan to eradicate the pathogen from the aquaculture
facility. No salmonid fish or gametes (eggs or sperm) from a water or facility
in which Infectious Pancreatic Necrosis Virus (IPNV) has been identified shall
be released into any water of this state without an approved plan. In addition,
no live salmonid fish or gametes (eggs or sperm) originating from an
aquaculture facility or free-ranging fish population which has been diagnosed
positive for Infectious Pancreatic Necrosis Virus (IPNV) may be stocked if
determined by the Director to be a threat to:
(A) any other federal, state or permitted
aquaculture facilities or
(B)
stocking restricted cutthroat trout waters identified in Appendix C or
(C) free-ranging salmonid
populations used or intended for use as gamete (eggs or sperm) sources for
state, federal or permitted aquaculture facilities or
(D) any other free-ranging salmonid fish
populations determined by the Director to be of special importance to
Colorado's fishery resources. Criteria for D will include uniqueness of the
resource and potential for use as a source of brood fish or gametes.
2. Aquaculture facilities that
have undergone adequate efforts to eradicate IPNV may again be considered
negative 90 days after the reintroduction of sentinel fish and upon the
completion of two negative inspections on all lots present at least eight weeks
apart. For these purposes, sentinel fish shall consist of either rainbow trout
or brook trout fry between one day and 42 days old.
3. Free-ranging fish populations found
positive for IPNV may again be considered negative upon the completion of at
least three consecutive negative inspections at least four (4) months apart
over a period of at least 24 months.
D. Egg
Disinfection
1. The operator and employees of
any fish production facility must use the following procedures when
disinfecting salmonid eggs received from any source:
a. Eggs shall be disinfected by soaking them
in a solution containing one hundred parts per million iodine, in the form of
povidone iodine, for a minimum of ten minutes before such eggs are allowed to
come in contact with other eggs, fish, incubators, rearing spaces, or water
supplies on a fish culture facility.
b. Hands, gloves, shipping containers and any
implements or objects that contact such eggs before disinfection must not come
into contact with other eggs, fish, incubators, rearing spaces, or water
supplies on a fish culture facility until they have been disinfected using a
commercially available disinfectant as directed on the product label.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.