Md. Code Regs. 08.02.14.10 - Special Requirements
A. Native or
Naturalized Species. Facilities which produce native or naturalized fish species
listed in Regulation .07 shall confine production to the permitted
location.
B. Non-native Species.
(1) A person may not conduct aquaculture
activities using non-native fish except in approved nontidal ponds, lakes, and
impoundments.
(2) Facilities approved
for non-native or hybrid finfish in nontidal ponds, lakes, and impoundments shall be
constructed to assure that non-native stocks are precluded from entering the tidal
waters of the State. A facility may not discharge its effluent directly or
indirectly into Maryland waters without approved treatment.
C. Acquisition of Adult Finfish, Fingerlings, Fry,
and Eggs.
(1) Brood stock, or the progeny of
native or naturalized species of finfish, may be obtained from an out-of-State
supplier that possesses a valid out-of-State supplier permit in accordance with
COMAR 08.02.01.16.T hey shall be certified by an authority acceptable to the
Department to be free of known, infectious diseases that have the potential to
contaminate native or naturalized species of fish.
(2) The Department may provide technical
assistance, upon request, to determine whether the fish have any known viral,
bacterial, protozoan, or parasite infections which have the potential to contaminate
finfish populations of the State.
(3)
Each purchase or acquisition of finfish for aquaculture purposes shall be
accompanied by a receipt, or other written evidence showing the date, source,
species, quantity of the acquisition, and its destination. Receipts shall be
retained as part of the permittee's records for 3 years.
(4) Imported hybrid or non-native finfish shall be
certified by an authority acceptable to the Department to be free of known
infectious diseases that have the potential to contaminate native or naturalized
fish or aquatic plants.
D.
Size Requirements. After January 1, 1990, there is no minimum size requirement for
any species of finfish propagated from aquaculture nontidal ponds, lakes, and
impoundments, provided the production of finfish from permitted facilities is
identified as an aquaculture product.
E.
Marketing and Identification of Aquaculture Products - Finfish.
(1) Finfish aquaculture products that are produced
in, sold in, imported to, or exported from Maryland shall be packaged and labeled in
accordance with §E(2) and (3), of this regulation.
(2) Dead or processed aquaculture finfish product
or parts of it may be offered for sale subject to the following conditions:
(a) The product shall be identified as an
aquaculture product. Packages and containers containing aquaculture products shall
be tagged or labeled with a uniform series of 14 digit numbers and letters as shown
in the example below:
MD = State of origin
123 = Permit number
0889 = Month and year
A1234 = Species ID and amount of product
(b) If individually marked, the product shall have
affixed a printed label bearing the same information listed in §E(2)(a), of
this regulation.
(c) The sale of the
product shall be accompanied by a receipt showing the date of sale, the name,
address, and permit number of the aquaculture facility, the numbers and species of
finfish sold, and the name of the purchaser. The consignee of each subsequent sale
shall retain a copy of the bill of lading or similar accountable document for 1 year
and make it available to the Department upon request.
(3) Live aquaculture finfish which are produced in
nontidal ponds, lakes, and impoundments and imported, exported, or offered for sale
in Maryland shall be subject to the following conditions:
(a) Live finfish from any source may not be
stocked in Maryland waters unless specifically permitted by the
Department;
(b) Live finfish may be
moved and stocked within a permitted facility, if the terms of the permit are not
violated by the movements;
(c) Live
finfish may be freeze-branded alive with an "A" 1/2 inch square, which shall serve
as a mark on a processed product without affixing a tag described in §E(2)(b),
of this regulation;
(d) A shipment of
live eggs, fry, or fingerlings offered for sale or exchanged shall be accompanied by
packaging or labeling which bears the:
(i)
Name,
(ii) Address,
(iii) Permit number,
(iv) Species, and
(v) Number of finfish.
Notes
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