(1) Upon inspection and discovery that a hatchery or facility is contaminated with designated fish pathogens, the facility or hatchery will be immediately quarantined and no fish will be allowed to leave the hatchery or facility.  The quarantine shall allow time for additional testing, assessment of risk, and development of appropriate action.

(2) The owner of the facility may select the second lab required by 87-3-225, MCA, to confirm the infection, but the pathologist conducting the inspection must be certified as provided in ARM 12.7.504. If the second lab is selected by the owner of the facility, the owner shall pay all costs and expenses for the inspection.

(3) During the quarantine and after confirmation by a second laboratory, the department shall conduct a hearing to determine the severity of the disease problem and develop recommendations for appropriate action. The facility owner may offer his own recommendations at the hearing or submit his recommendations to the director along with the recommendations of the department. Based on the hearing, the department shall make recommendations to the director within 15 days of the hearing and the director shall order the action within 10 days of receiving the department's recommendations.  As directed by 87-3-225, MCA, this action may include continued quarantine, destruction of infected fish or eggs, or disinfection of all or part of the hatchery or facility.

History: 87-3-223, MCA; IMP, 87-3-209, 87-3-210, 87-3-221, 87-3-222, 87-3-223, 87-3-224, 87-3-225, 87-3-226, 87-3-227, MCA; NEW, 1991 MAR p. 1275, Eff. 7/26/91.