040-51 Wyo. Code R. §§ 51-2 - Definitions

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

(a) "Aquaculture Facility" means any combination of buildings, ponds, tanks, raceways, or any other structure used for an aquaculture operation. Aquaculture facility includes facilities used for aquaponics and hobby fish farms, but does not include ornamental ponds (defined in Commission Regulation chapter 69, Importation and Possession of Live Cold Blooded Wildlife).

(b) "Aquaculture Operation" means the propagation, rearing, or producing of aquatic wildlife in controlled aquatic environments. Aquaculture operations include aquaponics and hobby fish farms. Holding and feeding fish in ornamental ponds does not constitute an aquaculture operation.

(c) "Aquaponics" means an artificial system, not connected to the waters of this state, managed for sustainable food production, combining rearing of cold-blooded wildlife with the cultivation of plants in water, under an interrelated closed environment.

(d) "Aquatic Animal Health Inspector" means any individual approved by the Wyoming Game and Fish Department (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.

(e) "Aquatic Invasive Species (AIS) Hatchery Inspection" means the physical inspection of aquaculture facilities and private fish hatcheries, including water sources, fish transport vehicles and equipment for the presence of plants and animals designated as AIS by Wyoming and by the state within which the hatchery resides.

(f) "Aquatic Invasive Species Hatchery Inspection Report" means a report provided by an aquatic invasive species hatchery inspector documenting presence or absence of AIS.

(g) "Aquatic Invasive Species Hatchery Inspector" means an employee of a state AIS program, state department of agriculture, county weed and pest district or other individual approved by the Department who has completed an AIS hatchery inspection training course that meets the requirements established by the Department to certify inspectors to conduct AIS hatchery inspections.

(h) "Aquatic Invasive Species of Concern" means emergency prohibited AIS, prohibited AIS and regulated AIS as described in Section 7 of this regulation.

(i) "Aquatic Laboratory Technician" means an employee of a professional diagnostic or analytical laboratory qualified to conduct specific analyses and approved in advance by the Department who is supervised by either an aquatic animal health inspector or fish pathologist and who is trained to collect non-lethal samples (e.g., collection of ovarian and seminal fluids) from fish broodstocks.

(j) "Assumed Pathogen Prevalence Level (APPL)" means the percent of a population assumed to have a pathogen, which determines the number of samples that must be taken to detect the pathogen with a 95% confidence level.

(k) "Authorized Agent" means any individual employed by, or responsible to the hatchery owner, who is engaged in the operation of the fish hatchery.

(l) "Coldwater Fish Species" means the following fishes as designated below by common name:

* Arctic Grayling (Thymallus arcticus);

* Brook Trout and Lake Trout (Salvelinus sp.);

* Brown Trout (Salmo trutta);

* Cutbow (Rainbow Trout/Cutthroat Trout hybrid);

* Mountain Whitefish (Prosopium williamsoni);

* Rainbow Trout, Cutthroat Trout, golden trout and kokanee salmon (Oncorhynchus sp.);

* Splake (Brook Trout/Lake Trout hybrid); and,

* Tiger Trout (Brook Trout/Brown Trout hybrid).

(m) "Coolwater Fish Species" means the following fishes as designated below by common name:

* Sauger (Sander Canadensis);

* Shovelnose Sturgeon (Scaphirhynchus platorynchus);

* Tiger muskie (Northern Pike/Muskellunge, Esox sp. hybrid).

(n) "Department Approved Private Fish Hatchery" means an in-state or out-of-state Private Fish Hatchery that has a valid commercial fish hatchery license or meets the licensing requirement of the state where it is located and is currently authorized by the Chief of Fisheries based on fish health and AIS inspections as a legal source of fish for private fish hatcheries, private fish stocking and live bait dealers.

(o) "Fish Health Inspection" means an on-site, annual inspection by an inspecting agent and all lots of fish at each private fish hatchery. The inspection shall be designed to assay for pathogens as described in this regulation.

(p) "Fish Health Inspection Report" means a report signed by an aquatic animal health inspector documenting the last known disease status of all applicable lots at an aquaculture facility 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.

(q) "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.

(r) "Hobby Fish Farm" means a small scale aquaculture operation that uses an aquaculture facility, not connected to the waters of this state, to raise fish for personal use. Hobby fish farms do not include aquaculture operations that raise fish for commercial use.

(s) "Inspecting Agent" means any individual approved by the Department who is certified as an aquatic animal health inspector or a fish pathologist.

(t) "Lot" means a group of eggs or fish of the same species and age group originating from the same spawning population, and sharing the same water supply. More than one (1) year class 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. Fish of the same species but from different spawning populations, adequately inspected, then combined into one (1) group may henceforth be regarded as one (1), single lot as long as they continue to share the same rearing space.

(u) "Pathogen(s) of Concern" means emergency prohibited fish pathogens, prohibited fish pathogens, regulated fish pathogens and Reportable/notifiable fish pathogens as described in Section 6 of this regulation.

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

(w) "Private Fish Hatchery" means an aquaculture facility, including some aquaponics operations and hobby fish farms, used for propagating, rearing or producing any or all life stages of fish that is not owned or operated by federal, state, local or tribal government agencies. Private fish hatcheries include aquaculture facilities that are connected to the waters of this state and used to confine or rear ornamental fish.

(x) "Reasonable Action" means Department prescribed action to eliminate the risk of establishment or spread of pathogens of concern or AIS of concern that is consistent with the risk or severity of the fish health or AIS threat. These actions shall be prescribed in writing by the Chief of Fisheries and may include, but are not limited to, sampling and clinical inspections, fish stock destruction or other disposal, quarantine, pathogen or AIS eradication and aquaculture facility disinfection.

(y) "Warmwater Fish Species" means the following fishes as designated below by common name:

* Black and White Crappie (Pomoxis sp.);

* Black Bullhead (Ameiurus melas);

* Bluegill/Green Sunfish Hybrid;

* Channel Catfish (Ictalurus punctatus);

* Fathead Minnow (Pimephales promelas);

* Grass Carp (Ctenopharygodon idella) that are certified triploid;

* Green Sunfish, Bluegill and Pumpkinseed (Lepomis sp.); and,

* Largemouth Bass (Micropterus salmoides).

Notes

040-51 Wyo. Code R. §§ 51-2

Amended, Eff. 9/15/2022.