(1) Application for an import permit must be made by the owner of the destination facility. The application must be received at least 10 working days prior to the date of importation by the Fisheries Division of the Montana Department of Fish, Wildlife and Parks, Helena, Montana, 59620.

(2) A permit application shall specify species, number, size, source, destination, and date and method of shipment. If the destination is a private pond, the private pond license number shall also be included in the application. No import permit will be authorized to a private pond which is not licensed by the department for the species requested for importation. A copy of any required disease-free certifications shall be submitted with the permit application, along with other disease or inspection information concerning the shipment that may be needed to evaluate the disease risk of the importation. Requests for a permit to import salmonid fish will not be considered unless a disease certification or fish health inspection report of the source of the importation is included with the application.

(3) No import permit for salmonid fish shall be issued unless the source is certified free of pathogens determined by the department to pose a threat to existing fisheries. No import permit for salmonid eggs shall be issued unless the source is certified free of pathogens determined by the department to pose a threat to existing fisheries with the following exceptions. Salmonid eggs from a source known to contain Myxobolus cerebralis, causative agent of salmonid whirling disease, Yersinia ruckeri (ERM disease agent) : or Aeromonas salmonicida, causative agent of furunculosis, or from a source which is in a river drainage known to contain Myxobolus cerebralis, Yersinia ruckeri, or Aeromonas salmonicida may be imported into Montana under the following conditions provided they are free of all other infectious agents listed in this rule:

(a) eggs must be water hardened in an iodophor containing a minimum of 75 mg/l active iodine for a minimum of 30 minutes;

(b) eggs must have been incubated from time of egg collection to date of shipping in water free of Myzobolus cerebralis spores;

(c) eggs must be disinfected with an iodophor solution containing a minimum of 100 mg/l active iodine for a minimum of 10 minutes before shipping and again upon arrival at their destination in Montana prior to entering any Montana water;

(d) all shipping containers must be burned and no water from the shipment may be allowed to enter any water in Montana; and

(e) eggs imported under this exception may only be imported with the recommendation of the department and authorization by the director of the department.

(4) In addition to the certification requirements, no live salmonid fish may be imported into Montana which are exhibiting clinical sign of any disease or are known to be infected with any infectious disease agent that may pose threat of harm to native or existing fish populations in Montana.

(5) Import permit requests for live non-salmonid fish or eggs will be considered on a case-by-case basis. Disease certification inspections may be required prior to issuance of an import permit for live non-salmonid fish or eggs. Certification will be required under the following circumstances:

(a) fish from a source or drainage which is known to contain pathogens determined by the department to pose a threat to existing fisheries. The department may deny any request for a permit it considers a substantial disease risk.

(b) where salmonids are also raised at the source, the source must be inspected and certified free of designated salmonid pathogens.

(6) The import permit must be obtained prior to any importation and a copy of the import permit must accompany the importation.

(7) The department may deny any import permit request it determines may pose a threat of harm to existing fisheries, even if the source or importation has been inspected and no designated pathogens were detected. For example, import permits for fish or eggs from anadromous stocks or drainages to which anadromous fish have access may be denied regardless of disease certification status of the importation or source.

(8) The department may condition the permit in order to prevent or reduce risk, as, for example, requiring iodophor disinfection of eggs.