Colorado § 33-5.5-102 Duties of the fish health board

Colorado Statutes

§ 33-5.5-102 — Duties of the fish health board

Colorado § 33-5.5-102

Title 33Parks and

Art.Fish Health Board

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Bluebook

Colo. Rev. Stat. § 33-5.5-102 (2026).

Text

(1)The fish health board shall review or initiate and consider, prior to presentation to the commission for adoption, every rule which is to regulate or control, or otherwise relates to, fish health, the spread of aquatic disease within private aquaculture facilities or cultured aquatic stock, or the importation into the state or the distribution of any exotic aquatic species.

(2)After considering any proposed rule, the fish health board shall vote to approve or disapprove the rule.

(3)The proposed rules approved by the fish health board shall be sent to the commission with the recommendation to adopt. The commission shall, through its normal regulatory review procedure, timely review the rule and act either to adopt or to decline to adopt the rule. In the event the commissio

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(1) The fish health board shall
review or initiate and consider, prior to presentation to the commission for adoption,
every rule which is to regulate or control, or otherwise relates to, fish health, the
spread of aquatic disease within private aquaculture facilities or cultured aquatic
stock, or the importation into the state or the distribution of any exotic aquatic
species.

(2) After considering any proposed rule, the fish health board shall vote to
approve or disapprove the rule.

(3) The proposed rules approved by the fish health board shall be sent to the
commission with the recommendation to adopt. The commission shall, through its
normal regulatory review procedure, timely review the rule and act either to adopt
or to decline to adopt the rule. In the event the commission declines to adopt the
rule, it shall convey its decision to the board, along with an explanation of the
reason for its decision.

(4) The proposed rules disapproved by the fish health board shall not be
forwarded to the commission unless the director determines that a situation or
condition exists which threatens to have a serious impact on existing aquatic
populations and that the proposed regulation should be considered by the
commission in spite of the recommendation of the fish health board. The director
shall then forward the rule to the commission along with a recommendation of
disapproval from the fish health board.

(5) Nothing in this section shall be construed to diminish or supersede the
authority of the division or the commission to regulate or manage wild populations
of aquatic organisms in the waters of the state or in facilities controlled or
managed by the division or by the United States fish and wildlife service.

(6) The fish health board shall review any orders for the destruction of
aquatic organisms or quarantines of aquaculture facilities which last beyond thirty
days, and all such orders shall be conditioned upon the board's approval; except
that destruction orders may be approved by the director of the division upon a
determination that a situation exists which threatens imminent danger to existing
aquatic populations or to human health and safety, and that no more reasonable
means exist to control the condition.

(7) Destruction of aquatic organisms or quarantines shall be done in
accordance with applicable regulations of the division.

(8) The board shall periodically review division rules relating to destruction
or quarantine of aquaculture stock or facilities and recommend appropriate
changes to the commission.