4-37-503 - Fish Health Policy Board.
4-37-503. Fish Health Policy Board.
(1) There is created within the department the Fish Health Policy Board which shallestablish policies designed to prevent the outbreak of, control the spread of, and eradicatepathogens that cause disease in aquatic animals.
(2) The Fish Health Policy Board shall:
(a) in accordance with Subsection (6)(b), determine procedures and requirements forcertifying a source of aquatic animals as health approved, including:
(i) the pathogens for which inspection is required to receive health approval;
(ii) the pathogens that may not be present to receive health approval; and
(iii) standards and procedures required for the inspection of aquatic animals;
(b) establish procedures for the timely reporting of the presence of a pathogen anddisease threat;
(c) create policies and procedures for, and appoint, an emergency response team to:
(i) investigate a serious disease threat;
(ii) develop and monitor a plan of action; and
(iii) report to:
(A) the commissioner of agriculture and food;
(B) the director of the Division of Wildlife Resources; and
(C) the chair of the Fish Health Policy Board; and
(d) develop a unified statewide aquaculture disease control plan.
(3) The Fish Health Policy Board shall advise the commissioner of agriculture and foodand the executive director of the Department of Natural Resources regarding:
(a) educational programs and information systems to educate and inform the public aboutpractices that the public may employ to prevent the spread of disease; and
(b) communication and interaction between the department and the Division of WildlifeResources regarding fish health policies and procedures.
(4) (a) (i) The governor shall appoint the following seven members to the Fish HealthPolicy Board:
(A) one member from names submitted by the Department of Natural Resources;
(B) one member from names submitted by the Department of Agriculture and Food;
(C) one member from names submitted by a nonprofit corporation that promotes sportfishing;
(D) one member from names submitted by a nonprofit corporation that promotes theaquaculture industry;
(E) one member from names submitted by the Department of Natural Resources and theDepartment of Agriculture and Food;
(F) one member from names submitted by a nonprofit corporation that promotes sportfishing; and
(G) one member from names submitted by a nonprofit corporation that promotes theaquaculture industry.
(ii) The members appointed under Subsections (4)(a)(i)(E) through (G) shall be:
(A) (I) faculty members of an institution of higher education; or
(II) qualified professionals; and
(B) have education and knowledge in:
(I) fish pathology;
(II) business;
(III) ecology; or
(IV) parasitology.
(iii) At least one member appointed under Subsections (4)(a)(i)(E) through (G) shall haveeducation and knowledge about fish pathology.
(iv) (A) A nominating person shall submit at least three names to the governor.
(B) If the governor rejects all the names submitted for a member, the recommendingperson shall submit additional names.
(b) Except as required by Subsection (4)(c), the term of office of board members shall befour years.
(c) Notwithstanding the requirements of Subsection (4)(b), the governor shall, at the timeof appointment or reappointment, adjust the length of terms to ensure that the terms of boardmembers are staggered so that approximately half of the board is appointed every two years.
(d) When a vacancy occurs in the membership for any reason, the replacement shall beappointed for the unexpired term.
(e) The board members shall elect a chair of the board from the board's membership.
(f) The board shall meet upon the call of the chair or a majority of the board members.
(g) An action of the board shall be adopted upon approval of the majority of votingmembers.
(5) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
(6) (a) The board shall make rules consistent with its responsibilities and duties specifiedin this section.
(b) Except as provided by this chapter, all rules adopted by the Fish Health Policy Boardshall be consistent with the suggested procedures for the detection and identification ofpathogens published by the American Fisheries Society's Fish Health Section.
(c) (i) Rules of the department and Fish Health Policy Board pertaining to the control ofdisease shall remain in effect until the Fish Health Policy Board enacts rules to replace thoseprovisions.
(ii) The Fish Health Policy Board shall promptly amend rules that are inconsistent withthe current suggested procedures published by the American Fisheries Society.
(d) The Fish Health Policy Board may waive a requirement established by the FishHealth Policy Board's rules if:
(i) the rule specifies the waiver criteria and procedures; and
(ii) the waiver will not threaten other aquaculture facilities or wild aquatic animalpopulations.
Amended by Chapter 286, 2010 General Session
Amended by Chapter 378, 2010 General Session