Section R58-17-7 - Timely Reporting of Aquatic Animal Pathogens and Emergency Response Procedures(1) Persons involved in aquaculture, fee fishing, public aquaculture or engaged in activities permitted by Rule R58-27, R657-3, R657-53, or R657-59, shall report having knowledge of the existence of any of the diseases in the Aquatic Animal Health Inspection Policy, to the department, or the division pursuant to Subsection 4-37-503(2)(b).(2) A presumptive pathogen finding of a prohibited, restricted, or reportable pathogen as listed in Aquatic Animal Health Inspection Policy shall be reported to either the department or the division, whichever is the responsible agency according to the location where evidence of a pathogen was found. These agencies will report the presumptive evidence to each other. "Presumptive evidence" is when laboratory testing has demonstrated preliminary evidence of a pathogen, but the presence or identity of the pathogen has not yet been confirmed by other required procedures.(3) Any records documenting the reporting or investigation of presumptive evidence of a prohibited, restricted, or reportable pathogen in a public or private aquatic animal population are classified as protected records under Section 63-2-304. The records shall retain the protected classification until the pathogen is confirmed and they will be classified as public records under Section 63-2-301.(4) A confirmed finding is when the presumptive evidence for a pathogen has been validated by required procedures in the Aquatic Animal Health Inspection Policy. A confirmed finding of a prohibited, restricted, or reportable pathogen from any source shall be immediately reported to the State Veterinarian and the Director of the division. The agency that governs the facility will report the finding to the Chair of the Board in writing within five calendar days and provide a report to the Board at the next regularly scheduled meeting. The written report shall contain the following information:(a) agency involved in detecting the pathogen;(b) owner or operator of the aquatic facility;(c) laboratory involved in the testing;(d) geographic location of the finding;(e) information on the affected aquatic animal population, such as species and age group;(g) dates of sample collection and testing;(h) laboratory method used;(i) preliminary plan of action from the agency emergency response team; and(j) confirmatory test used.(5) The department and the division will each maintain a standing emergency response team headed by a fish specialist or pathologist.(a) For the department, the standing emergency response team will consist of a Department fish health specialist or pathologist, the state veterinarian or that person's designee, a division fish health staff member, and the operator of the affected facility. The Department Emergency Response team is charged with responding to situations involving pathogens at aquaculture facilities, fee fishing facilities, and any out-of-state source.(b) For the division, the standing emergency response team will consist of a division fish pathologist, the chief of aquatics or that person's designee, a member of the department such as the State Veterinarian or fish health specialist, and the operator of the affected facility manager or owner. The division emergency response team is charged with responding to situations involving pathogens at public aquaculture facilities, private ponds, and free range populations of aquatic animals in waters of the state.(c) Emergency response teams may be enlarged at the discretion of the agency.(6) The standing emergency response team from the agency in charge will initiate further testing procedures and will manage and monitor the episode until the pathogen has been confirmed or negated. Emergency response teams are responsible for developing and executing action plans to respond to presumptive or confirmed findings of prohibited or restricted pathogens. They will develop plans and initiate actions to: (a) identify suggested sources of personnel and funds for responding to a particular situation;(b) assess the need for and feasibility of various courses of action;(c) evaluate the need for, and the extent and details of a quarantine or other constraining action;(d) investigate the history of aquatic animal or water movement to and from the affected site and consider other methods or routes of pathogen transfer;(e) evaluate laboratory findings;(f) determine disposition of the affected aquatic animal population;(g) establish appropriate sanitation and disinfection of the site, as needed;(h) evaluate the need for a laboratory surveys of other populations in the quarantine zone and determine disposition;(i) recommend when, if, and under what conditions a quarantine may be lifted and if any restrictions remain in effect;(j) implement a follow-up inspection plan; and(k) evaluate the need for involvement of law enforcement personnel.(7) If a confirmatory test negates the presence of a prohibited or restricted pathogen, the emergency response team will be dissolved, any team initiated actions terminated, and any quarantine released upon agency receipt of the confirmatory test report.(8) In the event of a confirmed finding of prohibited or restricted pathogens:(a) the Board may become involved in overseeing response procedures;(b) the Board may consider enlarging the emergency response team as needed to possibly include representatives from other government agencies, representatives from various constituent groups, law enforcement personnel, or outside experts;(c) the emergency response team will submit a follow-up report to the Board after initial response procedures have been completed but before a quarantine is lifted and before a follow-up inspection plan is implemented; and(d) the Board will report on emergency response procedures and Board decisions to the commissioner of the department and the Director of the division.Utah Admin. Code R58-17-7
Amended by Utah State Bulletin Number 2017-2, effective 12/19/2016Adopted by Utah State Bulletin Number 2023-01, effective 12/15/2022