R657-60-2. Definitions

  (1) Terms used in this rule are defined in Section 23-13-2 and 23-27-102.

  (2) In addition:

  (a) "Conveyance" means a terrestrial or aquatic vehicle, including a vessel, or a vehicle part that may carry or contain a Dreissena mussel.

  (b) "Decontaminate" or "Decontaminated" means to comply with one of the following methods:

  (i) If no adult mussels are attached to the conveyance after exiting the water body, an owner or operator may self-decontaminate equipment or a conveyance that has been in an infested water in the previous 30 days by:

  (A) removing all plants, fish, and mud from the equipment or conveyance;

  (B) draining all water from the equipment or conveyance, including water held in ballast tanks, bilges, livewells, and motors; and

  (C) drying the equipment or conveyance for no less than 7 days in June, July and August;18 days in September, October, November, March, April and May; 30 days in December, January and February; or expose the equipment or conveyance to sub-freezing temperatures for 72 consecutive hours;

  (ii) Professionally decontaminate equipment or a conveyance that has been in an infested water in the previous 30 days by:

  (A) Using a professional decontamination service approved by the division to apply scalding water (140 degrees Fahrenheit) to completely wash the equipment or conveyance and flush any areas where water is held, including ballast tanks, bilges, livewells, and motors; and

  (B) if the division determines that there is a significant risk that mussels remain attached to the conveyance after the scalding water wash, complete a mandatory 30 day dry time after the hot water wash is completed; or

  (iii) Complying with all protocols identified in a certificate of registration.

  (c) "Detected Water" or "Detected" means a water body, facility, or water supply system where the presence of a Dreissena mussel is indicated in two consecutive sampling events using visual identification or microscopy and the results of each sampling event is confirmed in two polymerase chain reaction tests, each conducted at independent laboratories.

  (d) "Dreissena mussel" means a mussel of the genus Dreissena at any life stage, including a zebra mussel, a quagga mussel and a Conrad's false mussel.

  (e) "Controlling entity" means the owner, operator, or manager of a water body, facility, or a water supply system.

  (f) "Equipment" means an article, tool, implement, or device capable of carrying or containing water or Dreissena mussel.

  (g) "Facility" means a structure that is located within or adjacent to a water body.

  (h) "Infested Water" or "Infested" means a water body, facility, water supply system, or geographic region where the presence of multiple age classes of attached Dreissena mussels is indicated in two or more consecutive sampling events using visual detection or microscopy and the result of each sampling event is confirmed in two polymerase chain reaction tests, each conducted at independent laboratories.

  (i) "Juvenile or adult Dreissena mussel" means a macroscopic Dreissena mussel that is not a veliger.

  (j) "Quarantine" means imposing a required minimum period of time where a conveyance must stay at a predetermined location in order to minimize the risk that Dreissena mussels are spread.

  (k) "Suspected Water" or "Suspected" means a water body, facility, or water supply system where the presence of a Dreissena mussel is indicated through a single sampling event using visual identification or microscopy and the result of that sampling event is confirmed in two independent polymerase chain reaction tests, each conducted at independent laboratories.

  (l) "Veliger" means a microscopic, planktonic larva of Dreissena mussel.

  (m) "Vessel" means every type of watercraft used or capable of being used as a means of transportation on water.

  (n) "Water body" means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain.

  (o) "Water supply system" means a system that treats, conveys, or distributes water for irrigation, industrial, wastewater treatment, or culinary use, including a pump, canal, ditch or, pipeline.

  (p) "Water supply system" does not include a water body.