1. (a)

   1. (1) The Director of the State Plant Board or his or her agent may conduct investigations and/or make inspections as necessary to ensure conformity with these standards.

   2. (2)

      1. (A) In particular, at least annually, the State Plant Board shall make an on-farm inspection of:

2. (i) Water sources;

   1. (ii) Ponds;

      1. (iii) Fish handling areas;

         1. (iv) Equipment;
         2. (v) Compliance with best management practices; and
         3. (vi) Records of fish sales and purchases.
      2. (B) As part of this annual inspection, an inspector from the board will visit the farm once per year during the summer.

      3. (C)

         1. (i) A visual check of fifty percent (50%) of the total number of ponds on the farm will be made for:
3. (a) (a) Snail species;

4. (b) (b) Zebra mussels; and

   1. (c) (c) Specific aquatic plants.

      1. (ii) All of the ponds must be inspected at least once every two (2) years.

         1. (iii) One (1) pond edge will be examined for listed plants and snails, and a hard surface, e.g., pier, post, drainpipe, aerator float, will be checked for zebra mussels.
         2. (iv) Any suspect plants or mollusks will be collected and submitted to an expert for confirmation.
      2. (D) For fish species, visual inspection of farm holding vats will be conducted to ensure that certified fish species being held in vats do not contain the listed ANS.
      3. (E) Farm records will be examined for evidence of commerce in listed species.

5. (b)

   1. (1) In addition to board inspections, as part of the biannual sampling of fish for disease testing, the independent agent sampling fish will make note of the observance of any listed aquatic nuisance species.

   2. (2)

      1. (A) The agent will preserve any unidentified fish species taken as a part of normal sampling procedures and submit those specimens along with disease testing samples to an independent United States Department of Agriculture, Animal and Plant Health Inspection Service-approved laboratory for identification.

      2. (B)

         1. (i) Farms that do not pass these ANS inspections may not label or represent their fish as certified until all aquatic nuisance species have been eradicated and confirmed by a successful inspection.
         2. (ii)
6. (a) (a) In addition, in order to maintain their certified status, these farms will undergo an additional aquatic nuisance species inspection one (1) month after the first successful post-eradication inspection.

7. (b) (b) This follow-up inspection will not be conducted during a period when the aquatic nuisance species would not be expected to be present but will occur when conditions for detection are favorable.

   1. (c) Farms that do not pass a BMP inspection may not label or represent their fish as certified until:
   2. (1) The deficiency is corrected; and
   3. (2) The farm passes a follow-up BMP compliance inspection.

Codification Notes: “ANS” means aquatic nuisance species. "BMP" means best management practices.