040-10 Wyo. Code R. § 10-2

Current through April 27, 2019
Section 10-2 - Definitions

Definitions shall be as set forth in Title 23, Wyoming Statutes, Commission regulations, and the Commission also adopts the following definitions:

(a) "Annual fish health inspection" means an on-site, annual formal inspection by an Inspecting Agent of all lots of fish at each facility or brood stock location. The inspection shall be designed to assay for pathogens listed as prohibited or notifiable. Said inspection shall be made in accordance with procedures listed in the latest edition of American Fisheries Society/Fish Health Section "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens" (Bluebook) or Appendix I of this regulation.

(b) "Approved laboratory" means a professional diagnostic or analytical laboratory qualified to conduct specific analyses and approved in advance by the Wyoming Game and Fish Department.

(c) "Approved laboratory technician" means an employee of an approved laboratory who is supervised by either an aquatic animal health inspector or fish pathologist and who is trained to collect non-lethal samples (collection of ovarian and seminal fluids) from fish brood stocks in accordance with procedures defined in the latest edition of "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens" (Bluebook) published by the Fish Health Section of the American Fisheries Society.

(d) "Aquaponics" means an artificial system, not connected to natural waterways, managed for sustainable food production, combining aquatic animal rearing with the cultivation of plants in water, under an interrelated closed environment.

(e) "Aquatic animal health inspector" means any individual approved by the Department whose qualifications meet standards established by the Board of Certification of the Fish Health Section of the American Fisheries Society for certification as an aquatic animal health inspector.

(f) "Cage and aviary birds" means those exotic captive-reared birds, such as parrots, exotic finches, and canaries, which are adapted to live and breed in a cage. For purposes of this regulation the monk parakeet (Myiopsitta monachus) is not a cage and aviary bird.

(g) "Carrier" means an individual which harbors the specific pathogen capable of causing disease but which shows no signs of the disease.

(h) "Certificate of veterinary inspection" means an official health certificate. It shall be a legible record covering the requirements of the State of Wyoming as listed in this regulation and as recorded on an official form from the state of origin and approved by the animal health official of the state of origin, or an approved form of the United States Department of Agriculture which shall be issued by an accredited, licensed veterinarian. All certificates of veterinary inspection shall be issued to comply in all respects with requirements of the State of Wyoming. The certificate of veterinary inspection shall delineate the total number of animals covered by the certificate. It shall indicate the health status of the animals involved, including dates and results of required tests and vaccinations, the mailing addresses of the consignor and consignee, the origin of the wildlife, their actual Wyoming destination, and an accurate description including proper taxonomic identification with genus and species names. It shall designate the official ear tag number, individual animal tattoo, individual animal brand, individual animal number, or similar individual identification of each animal. A certificate of veterinary inspection may also mean a fish health inspection report. This shall be a report signed by an aquatic animal health inspector or fish pathologist (as applicable) which documents the last known disease status of all lots offish at a facility (or a wild, free-ranging brood stock) resulting from on-site inspection, sampling, and subsequent examination of the collected tissues and fluids for the detection of disease agents listed in this regulation.

(i) "Commercial use" means utilizing wildlife in sale, trade, barter, brokerage, or other commerce.

(j) "Dog field trial" means and includes any trial held under rules of a dog or kennel club for the purpose of gaining points toward a championship; and any practice or training trial where there is organized competition and training of dogs for the purpose of preparing for a trial.

(k) "Dog training" means the activity of training or teaching dogs to hunt game birds by the use of pen-raised game birds.

(l) "Domestic animals" means those populations of animals which through long association with humans have been bred to a degree which has resulted in genetic changes affecting the color, temperament and conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. For the purpose of this regulation, only the following animals are considered domestic:

*ass, burro, and donkey (Equus asinus),

*bison (Bison bison); except those classified as wild bison by the Wyoming Game and Fish Commission and the Wyoming Livestock Board within Wyoming are not domestic,

*cat (Felis catus),

*domestic cattle (Bos taurus and Bos indicus),

* domestic chicken (Gallus gallus),

* dog (Canis famiharis),

*domestic ferret (Mustela furo),

* domestic goat (Capra hircus),

* domestic greylag goose (Anser anser),

* horse and pony (Equus caballus),

*domestic mallard (Anas platyrhynchos) distinguished morphologically from wild mallards and pen raised mallards routinely utilized for dog training,

* mule and hinny (Equus asinus x Equus caballus),

* domestic muscovy duck (Cairina moschata),

*pigeons (Columba livia),

*domestic sheep (Ovis aries), distinguished morphologically from wild sheep,

*domestic swan goose (Anser cygnoides),

*domestic swine (Sus domesticus),

*domestic turkey (Meleagris gallopavo) distinguished morphologically from wild turkeys.

(m) "Domesticated animals" means those individual animals which have been made tractable (easily managed or controlled) or tame. For the purpose of this regulation, only the following animals are considered domesticated:

*domesticated alpaca (Lama pacos),

*domesticated camel (Camelus bactrianus and Camelus dromedarius),

*domesticated chinchilla (Chinchilla laniger),

*domesticated emu (Dromaius novaehollandiae),

*domesticated European rabbit (Oryctolagus cuniculus),

*domesticated Mongolian gerbil (Meriones unguiculatus),

*domesticated guinea fowl (Numida meleagris),

*domesticated guinea pig (Cavia porcellus),

*domesticated hamster (Mesocricetus auratus),

*domesticated llama (Lama glama),

*domesticated mouse (Mus museums),

*domesticated ostrich (Struthio camelus),

*domesticated peafowl (Pavo cristatus),

*domesticated rat (Rattus norvegicus and Rattus rattus),

*domesticated rhea (Rhea americana and Rhea pennata),

*domesticated vicuna (Vicugna vicugna),

*domesticated yak (Bos grunniens).

(n) "Endangered and threatened wildlife" means wildlife listed in the Federal "List of Endangered and Threatened Wildlife" as published in the Federal Register and referred to as Title 50 Code of Federal Regulations, Part 17, Section 11 ( 50 CFR 17.11 ) dated October 1, 2012, and which does not include any later amendments or editions of the incorporated matter.

(o) "Falconry" means the sport of taking quarry by means of a trained raptor.

(p) "Falconry training" means the activity of training or teaching raptors to hunt game birds by the use of pen-raised game birds.

(q) "Fish or gamete source" means any source that supplies live fish, fertilized eggs, or gametes to any facility or water in the State of Wyoming.

(r) "Fish health inspection report" means certificate of veterinary inspection.

(s) "Fish pathologist" means any individual approved by the Department whose qualifications meet standards established by the Board of Certification of the Fish Health Section of the American Fisheries Society for certification as a fish pathologist.

(t) "Game farm" means the single game farm existing on or before January 1, 1975, the NX Bar Ranch previously owned by Allen O. Fordyce (herein referred to as "the NX Bar Game Farm"), which is the game farm operation referenced in Wyoming Session Laws 1975, ch. 83, s2.

(u) "Holding facility(ies)" or "facility" means the physical structure designed to confine and handle live wildlife. The holding facility shall be defined by legal description to the quarter/quarter section or Universal Transverse Mercator (UTM) coordinates where live wildlife shall be possessed or confined. Facility also means any fish hatchery, rearing station, aquaculture station or unit, research unit, live car or net-pen, brood stock trap, or holding pond or structure where fish eggs are collected, incubated, or hatched, or where fish are held or reared for any purpose.

(v) "Hybrid" means an animal produced by crossing species or subspecies.

(w) "Import/importation" means to bring or cause live wildlife to be brought into Wyoming by any means.

(x) "Importation/possession permit" or "Permit" means a written permit issued by the Commission through the Department to allow importation, possession, confinement, transportation, or disposition of wildlife. A permit may also mean a Wyoming Game and Fish Department Permit for interstate transportation of live wildlife. An interstate transportation permit shall only allow transportation of live wildlife through the State of Wyoming for a period not to exceed twenty-four (24) consecutive hours from the time of issuance.

(y) "Inspecting agent" means any individual approved by the Department who is certified as an aquatic animal health inspector, a fish pathologist or qualified as an approved laboratory technician.

(z) "Institution of higher education" means the University of Wyoming and community colleges within Wyoming as defined in Wyoming Statute § 21-16-501.

(aa) "Isolation facility" means a fish culture unit operated by a public entity for the quarantine of fish or fish gametes for brood stock development of wild or endemic populations. The unit shall be self-contained and isolated from other fish culture facilities with controlled access for quarantine offish products and disease prevention.

(bb) "Lot" means a group offish of the same species and age group originating from the same spawning population, and sharing the same water supply. Various year classes may comprise the same lot under certain conditions. For example: Yearlings and two (2) year old progeny may be considered the same lot as the adult, spawning brood stock provided the other criteria in the definition are present. Also, fish of the same species but from different spawning populations, adequately inspected, then combined into one group may henceforth be regarded as one, single lot as long as they continue to share the same rearing space.

(cc) "Marine fish" means those fish capable of living only in salt water. For purposes of this regulation, fish that migrate between fresh and salt water as part of their life history (anadromous and catadromous) are not marine fish.

(dd) "Molluscicide" means an agent that kills mollusks, i.e., snails and slugs.

(ee) "Optimal time for detection" means that season of the year or life-stage offish where a disease is most likely to occur or that is most conducive to the detection of pathogens.

(ff) "Pathogen" means one of the following:

  • 1) "Notifiable pathogen" means a pathogen of special concern, as determined by the Wyoming Game and Fish Department, capable of causing fish losses and which is treatable or manageable through existing technology or effective management at fish culture facilities;
  • 2) "Prohibited pathogen" means a pathogen capable of causing significant mortality and fish health problems, as determined by the Wyoming Game and Fish Department, and for which the only known means of control are avoidance and eradication;
  • 3) "Reportable pathogen" means all pathogens or diseases not listed in the prohibitive, or notifiable categories.

(gg) "Pen-raised game bird" means a privately-owned game bird that is legally in possession of the holder of an importation/possession permit.

(hh) "Permittee" means the person in whose name a permit has been issued by the Department authorizing importation, possession, confinement, transportation, or disposal of wildlife.

(ii) "Possess/possession" means to have physical control or domination over wildlife with or without ownership; this includes confinement or transportation of live wildlife; possession also includes constructive possession which means not actual but assumed to exist, where one claims to hold by virtue of some title, without having actual custody.

(jj) "Prevalence" means the proportion or percent of cases of a disease, or a disease agent, present in a population at a given time.

(kk) "Quarantine" means a holding facility, approved in advance by the Department, constructed to prevent contact between quarantined wildlife and any other animals, to prevent escape of quarantined wildlife, and to allow humane restraint and handling of quarantined wildlife. Quarantine may also refer to the period of time during which an animal(s) is confined in a quarantine facility.

  • 1. "Pre-entry quarantine" means a quarantine facility in the state of origin of wildlife to be imported. The quarantine facility shall be approved in advance by the Wyoming Game and Fish Department or the Department's designated animal health official in the state of origin of wildlife to be imported. Usually pre-entry quarantine is on the premise of origin. Pre-entry quarantine is always the last place of confinement immediately before wildlife are shipped directly to Wyoming; or the period of time during which an animal(s) is confined in a pre-entry quarantine facility.
  • 2. "Post-entry quarantine" means a quarantine facility in Wyoming approved in advance by the Wyoming Game and Fish Department. Usually post-entry quarantine is on the premise of destination. Post-entry quarantine is always the first place of confinement after wildlife are shipped directly to Wyoming; or the period of time during which an animal(s) is confined in a post-entry quarantine facility.

(ll) "Raptor" means a live bird of the Order Falconiformes (commonly called vultures, hawks, falcons and eagles) other than a turkey vulture (Cathartes aura), an osprey (Pandion haliaetus), or a bald eagle (Haliaeetus leucocephalus).

(mm) "Reasonable action" means any action which may include sampling and clinical inspections which are known to be scientifically acceptable (as listed in this regulation) including taking of wildlife, fish stock destruction or other disposal, quarantine, pathogen eradication and facility disinfection and which is determined to be consistent with the risk or severity of the wildlife health issue and the likelihood of a successful solution.

(nn) "Species" means the biological classification of individuals having common attributes, potentially capable of interbreeding under natural conditions but usually not with members of another species, and designated by a binomial consisting of genus and specific names decided upon by recognized scientific authorities.

(oo) "Transgenic" means modifying the genetics of an organism with inserted deoxyribonucleic acid (DNA) that originated in a different species, using genetic engineering techniques.

(pp) "Tropical fish" means those fish whose survival in water temperatures below fifty (50) degrees Fahrenheit is not documented in scientific literature.

(qq) "Wild" means all those animals not defined as domestic or domesticated in this regulation.

(rr) "Wildlife" means every wild mammal, bird, fish, amphibian, reptile, mollusk, crustacean, their viable gametes (eggs and sperm), fertilized eggs, or any hybrid (including hybrids between wildlife and wildlife and hybrids between wildlife and domestic or domesticated animals) or any transgenic product thereof.

(ss) "Wolf hybrid" means any animal produced by crossing a wolf with a dog or another species or subspecies.

040-10 Wyo. Code R. § 10-2