040-51 Wyo. Code R. §§ 51-4 - Designation as a Department Approved Private Fish Hatchery

Private fish hatcheries shall not stock, sell or transfer or receive any live fish, fish eggs or fish gametes in Wyoming unless designated as a Department approved private fish hatchery by the Chief of Fisheries.

(a) The Chief of Fisheries may designate an in-state private fish hatchery as a Department approved private fish hatchery if they meet the following requirements:

(i) The hatchery owner is in possession of a valid commercial fish hatchery license;

(ii) Valid fish health and AIS hatchery inspection reports that are required in Section 5 of this regulation indicate that the hatchery is free of AIS of concern and all lots at the hatchery are free of pathogens of concern in accordance with this regulation; and,

(iii) The licensee has met the reporting and record keeping requirements in Section 14 of this regulation.

(b) Out of state private fish hatcheries shall not import fish, fish eggs or fish gametes into Wyoming unless designated as a Department approved private fish hatchery by the Chief of Fisheries. The Chief of Fisheries may designate an out-of-state private fish hatchery as a Department approved private fish hatchery if they meet the following requirements:

(i) The hatchery owner or authorized agent has submitted a fish hatchery importation permit application on a form provided by the Department;

(ii) Valid fish health and AIS hatchery inspection reports indicate that the hatchery is free of AIS of concern and all lots at the hatchery are free of pathogens of concern in accordance with this regulation; and,

(iii) The private fish hatchery meets the licensing requirements to legally operate in the state where it is located.

(c) A private fish hatchery shall not be designated as a Department approved private fish hatchery until having received written notice from the Chief of Fisheries.

(d) The Chief of Fisheries may deny or rescind designation as a Department approved private fish hatchery if the private fish hatchery is located in a watershed known to contain an AIS of concern or pathogen of concern to ensure protection of Wyoming's aquatic wildlife resources.

(e) The Chief of Fisheries may deny designation as a Department approved private fish hatchery if an AIS of concern or pathogen of concern was detected at the private fish hatchery within the past three (3) years to ensure protection of Wyoming's wildlife resources.

(f) Designation as a Department approved private fish hatchery shall expire on the last day of the calendar year for which the certification was issued or on the expiration date of the fish health inspection report or the AIS fish hatchery report, whichever comes first.

(g) It shall be an express condition of operating as a Department approved private fish hatchery that the owner or authorized agent shall notify the Chief of Fisheries within fortyeight (48) hours if at any time the owner or authorized agent finds, suspects or becomes aware of an AIS of concern or pathogen of concern at their aquaculture facility.

(h) Failure to comply with any portion of this regulation may result in the revocation of a private fish hatchery's designation as a Department approved private fish hatchery.

Notes

040-51 Wyo. Code R. §§ 51-4

Amended, Eff. 9/15/2022.