Colorado Revised Statutes Title 33. Parks and Wildlife § 33-5.5-102. Duties of the fish health board

(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.