12.7.505    IMPORT PERMITS

(1) An import permit must be obtained prior to any importation of fish or eggs. A copy of the import permit must accompany the importation.

(2) Application for an import permit must be made by the receiving jurisdiction or by an entity designated by the director and must be received at least 10 working days prior to the date of importation. Applications must be provided to Montana Department of Fish, Wildlife and Parks, Fisheries Division in Helena, Montana.

(3) A permit application must include:

(a) species;

(b) number;

(c) size;

(d) source;

(e) destination;

(f) date and method of shipment;

(g) pathogen certification;

(h) fish health inspection report;

(i) other disease or inspection information the department deems necessary to evaluate the pathogen risk; and

(j) if applicable, private pond license number.

(4) The department may place conditions on an import permit to minimize any risk to the health of existing fisheries.

(5) An import permit will not be issued for fish or eggs that are confirmed positive for Class A pathogens listed in ARM 12.7.502.

(6) The department will determine whether the threat of fish or fish eggs that test positive for Class B pathogens is substantial and whether to issue an import permit based on consideration of one or more of the following:

(a) whether the importation provides a conservation benefit to the state of Montana, including the conservation of a sensitive or at-risk species;

(b) whether another biologically similar alternative source that is free of Class A and Class B pathogens is available;

(c) whether conditions can be placed on the permit to minimize the health risks to existing fisheries;

(d) the overall risk to the health of state fisheries; and

(e) any other factors the department deems necessary.

(7) Live fish exhibiting clinical signs of a disease may not be imported into Montana.

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; AMD, 2014 MAR p. 1922, Eff. 8/22/14.