08.02.14.10

.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 registered fish dealer. They 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) Out-of-State suppliers shall be registered with the Department before doing business in Maryland.

(3) 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.

(4) 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.

(5) 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.