N.M. Code R. § 19.35.7.15

Current through Register Vol. 35, No. 11, June 11, 2024

Section 19.35.7.15 - APPROVED SUPPLIERS OF FISH OR FISH EGGS FOR IMPORTATION INTO NEW MEXICO

A. The department will maintain a listing of approved fish suppliers.

B. All approved fish suppliers or their agent must carry a department-issued copy of the importation permit while transporting fish to the approved release site in New Mexico.

C. Approved supplier or their agent must notify the department of intended port of entry for importation of fish or fish eggs into New Mexico.

D. Approved supplier may be required to provide a presence/absence disease history (e.g., furunculosis bacterium, enteric redmouth bacterium, proliferative kidney disease, ceratomyxosis of salmonids, etc.) of the hatchery facility if requested by the New Mexico department of game and fish.

E. Approved suppliers shall meet the criteria and provide pathogen-free certification as specified herein.

F.Salmonids:

(1) For the infectious hematopoietic necrosis virus (IHNV), infectious pancreatic necrosis virus (IPNV), viral hemorrhagic septicemia (VHS), and bacterial kidney disease (BKD).

(a) Disease testing will be conducted by another state wildlife agency, United States fish and wildlife service; USDA certified source or other source approved by the New Mexico department of game and fish.

(b) Disease testing of fish must use American fisheries society (AFS) blue book or meet OIE (office international des epizooties) standards.

(c) Disease testing will be conducted on an annual basis; annual inspection must have occurred within the previous 12 months of application date.

(d) Sixty fish per lot will be sampled.

(e) For all lots of fish not originating on facility, supplier must provide a historical account documenting fish were reared only at New Mexico department of game and fish approved aquaculture facilities.

(2) For the whirling disease pathogen .

(a) Disease testing will be conducted by another state wildlife agency, United States fish and wildlife service; USDA certified source or other source approved by the New Mexico department of game and fish.

(b) Sixty fish per lot will be sampled.

(c) Inspection will include at least one lot of susceptible salmonids (rainbow trout, cutthroat trout, rainbow-cutthroat hybrids) which has been on the hatchery's water source for at least 10 months. If no lot of susceptible salmonids has been on the hatchery's water source for at least 10 months, then inspection shall include at least one lot of susceptible salmonid at least six months of age or older.

(d) Disease testing will be conducted on an annual basis. Annual inspection must have occurred within the previous 12 months of application date.

(e) Positive findings of whirling disease by pepsin-trypsin digestion shall be considered presumptive; positive findings of whirling disease by histology shall be considered confirmatory.

(f) For all lots of fish not originating on facility, supplier must provide a historical account documenting fish were reared only at New Mexico department of game and fish approved aquaculture facilities.

(g) Supplier may be required to provide a whirling disease history of the hatchery facility if requested by the New Mexico department of game and fish.

(h) Presumptive findings: Any presumptive findings of disease with no confirmatory testing shall be deemed a positive finding of the disease.

(i) Positive findings of disease: Any facility deemed to have tested positive, by confirmatory findings or presumptive findings without confirmatory testing, under this rule shall be barred from importation into the state of New Mexico until the facility is shown to be pathogen free for a minimum of two consecutive years and has met all other requirements.

(j) Renovated facilities: A facility that has been deemed positive under this rule and has undergone complete renovation may apply for importation privileges as a new facility once it has had at least one annual inspection and has met all other requirements. Complete renovation for the purposes of this rule shall be defined as a facility that has:

(i) closed, secured, and sanitized all water sources;

(ii) confined all water conveyance to closed sealed pipes; and

(iii) constructed all rearing spaces out of hard surfaced materials. Proof of renovation must be provided with the application for importation privileges. On-site inspection of the facility after renovation may be required prior to authorization to import.

G. Warm water fish:

(1) Disease testing will be conducted by another state wildlife agency, United States fish and wildlife service; USDA certified source or other source approved by the New Mexico department of game and fish.

(2) Disease testing of fish must use American Fisheries Society (AFS) blue book procedures or meet OIE standards.

(3) Disease testing will be conducted on an annual basis. Annual inspection must have occurred within the previous 12 months of application date.

(4) Sixty warm water fish per lot shall be tested for viruses and bacteria.

(5) Approved supplier will document whether fish on the facility have ever been diagnosed with channel catfish virus.

H. Orechromis niloticus and oreochromis mossambicus shall be certified as to species and as either all male or otherwise sterile by a qualified independent laboratory or by other means approved by the director. Oreochromis niloticus and oreochromis mossambicus capable of reproduction and certified as to species by a qualified, independent laboratory or by other means approved by the director may be approved for import only to a qualified expert.

I. Triploid grass carp: A notarized certificate of triploidy issued by another state wildlife agency, United States fish and wildlife service, USDA certified source or other source approved by the New Mexico department of game and fish must be provided for all grass carp imported into New Mexico.

J. Approved suppliers shall provide signed written assurance to the department that the fish rearing facilities are free of aquatic nuisance species (ANS) and aquatic invasive species (AIS). Failure to provide this assurance shall be reason to deny importation privileges. Approved suppliers shall be liable for any introduction of ANS or AIS caused by their actions.

N.M. Code R. § 19.35.7.15

19.35.7.15 NMAC - Rp, 19.35.7.15 NMAC, 1-31-14, Amended by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015, Amended by New Mexico Register, Volume XXXII, Issue 03, February 9, 2021, eff. 2/9/2021