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(1) These specific requirements apply in addition to the general requirements found in ARM 12.6.2203 and any other specific condition that may be found on the permit.

(2) Coho salmon, Onocorhynchus kisutch, may only be raised for commercial activities.

(a) Coho salmon must be raised in a facility that:

(i) holds a corporate surety bond to the state of Montana for $500, conditioned to the effect that the permit holder will not violate the conditions of the permit;

(ii) is indoors and locked with access restricted solely to individuals involved in the operation and maintenance of the facility;

(iii) is not within the 100-year flood;

(iv) is at least 200 feet from any surface water;

(v) does not receive diverted surface water;

(vi) does not have an effluent or discharge of waste or water within 200 feet of surface water including perennial, intermittent, or ephemeral streams or rivers; and

(vii) complies with all other local, state, and federal regulations and permits.

(b) Live fish may not be transferred into or out of the facility.

(c) Fish health screening must be:

(i) consistent with the requirements of ARM 12.7.503 and 12.7.504;

(ii) done annually; and

(iii) reported to the department within 30 days of receipt of results.

(d) Any significant mortality in the facility that occurs as a result of an infectious disease must be reported to the department within 30 days.

(e) Carcasses must either be disposed in a state regulated landfill or in another manner that would not impact state waters or be accessible to wildlife or other animals that might carry carcasses to water.

(3) Goldfish, Carassius auratus, and koi, Cyprinus carpio, may only be held in outdoor ponds registered with the department using a form provided by the department.

(a) Ponds used to hold goldfish and koi:

(i) must not be larger than 400 square feet;

(ii) must not be within the 100-year flood plain;

(iii) must be at least 200 yards from any open water;

(iv) must not receive diverted surface water; and

(v) must not have an effluent or discharge to surface water.

History: 87-5-702, 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA; NEW, 2010 MAR p. 2812, Eff. 12/10/10.

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