Part 188: Fish Health Inspection Requirements
[Last amended June 29, 2011]
§188.1 Prohibitions; fish health certification report
(a) For the purposes of this section, water body, as defined in section 10.1(f)(6) and (7) of this Title, shall apply for purposes of this section.
(b) No person shall place live fish into the water bodies of the State, or possess, sell, offer for sale, barter, import or transport fish for purposes of placing them into water bodies of the State, unless such fish are accompanied by a fish health certification report issued within the previous 12 months, except:
(1) in the marine and coastal district, as defined in Environmental Conservation Law, section 13-0103; or
(2) pursuant to permit issued by the department in its discretion; or
(3) where a water body is contiguous with waters of another state or Province, live fish, except bait fish, taken from those waters outside of New York State, may be transported on the contiguous water across the state or Province boundary and may be released in the New York water body.
(c) This section shall not prohibit the personal use of bait fish in accordance with section 10.1(f) of this Title or shall not prohibit the use of legally obtained bait fish in accordance with sections 35.2, 35.3 and 35.4 of this Title. All fish health certification reports required by this section shall comply with section 188.2 of this Part.
(d) Environmental conservation officers may seize any fish possessed in violation of this Part. No action for damages shall lie for such seizure, and disposition of seized bait fish shall be at the discretion of the department.
(e) No person shall fail to exhibit a fish health certification report upon the demand of any police officer or representative of the department.
§188.2 Fish health inspections
(a) All fish species.
(1) A fish health certification report shall certify that the fish being placed into the waters of the State are free of :
(i) Viral Hemorrhagic Septicemia (VHS);
(ii) Spring Viremia of Carp Virus (Infectious carp dropsy);
(iii) Aeromonas salmonicida (Furunculosis);
(iv) Yersinia ruckeri (Enteric Red Mouth);
(v) Infectious Pancreatic Necrosis Virus (IPN).
(b) Additional fish health inspection requirements for Salmonidae.
(1) In addition to the requirements of subdivision (a) of this section, a fish health certification report for Salmonidae shall certify that the fish are free of:
(i) Myxobolus cerebralis (whirling disease);
(ii) Infectious Hematopoietic Necrosis Virus (IHN);
(iii) Renibacterium salmoninarum (bacterial kidney disease).
(c) No fish shall be placed into the waters of the State unless a fish health certification report certifies that such fish are free of all pathogens identified in this section.
(d) Sample collection shall be made and fish health certification reports shall be issued by one of the following independent qualified inspectors:
(1) American Fisheries Society certified fish pathologists;
(2) American Fisheries Society certified fish health inspectors;
(3) licensed veterinarians with demonstrated capability to perform sample collection and fish health inspections;
(4) government employees with demonstrated capability to perform sample collection and fish health inspections;
(5) university or college personnel with demonstrated capability to perform sample collection and fish health inspections; or
(6) private laboratory personnel with demonstrated capability to perform sample collection and fish health inspections.
(e) Fish health certification reports required by this section shall be based upon and conform with testing methods and procedures recognized by the American Fisheries Society or the World Organization of Animal Health.
(f) Fish health certification reports required by this Part shall be completed on a form provided by the department. A copy of the completed form shall be submitted by the inspector to the department within seven days of the date of fish health inspection.
(g) The addition of fish that are not accompanied by a fish health certification report to a facility will invalidate any existing fish health certification report.
(h) A fish health certification report shall not be required for fish placed into an aquarium or possessed for purposes of placing such fish into an aquarium.