PROPOSED RULEMAKING
[58 PA. CODE CHS. 71 AND 73]
Propagation of Fish
[31 Pa.B. 3412] The Fish and Boat Commission (Commission) proposes to amend Chapters 71 and 73 (relating to propagation and introduction of fish into Commonwealth waters; and transportation of live fish into this Commonwealth). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to fishing.
A. Effective Date
The proposed amendments, if approved on final-form rulemaking, will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments to §§ 71.1 and 73.2 (relating to general; and authorized list) are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The proposed amendments to § 71.2 and 71.3 (relating to live bait dealer's licenses; and propagation) are published under the statutory authority of section 2102 of the code and 3 Pa.C.S. § 4219 (relating to permissible propagation). The proposed amendment to § 71.7 (relating to triploid grass carp) is published under the statutory authority of section 2102 and section 2904 of the code (relating to permits for protection and management of particular fish).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve the Commission's regulations pertaining to fishing. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
On October 16, 1998, the General Assembly amended the Commonwealth's agriculture laws to designate aquaculture as a normal farming activity. These amendments transfer most administrative functions related to commercial artificial propagation from the Commission to the Department of Agriculture (Department). On December 16, 1998, the Department began registering commercial propagators of fish and dealers in live aquatic animals. The Commission no longer issues artificial propagation licenses, live fish, fishbait and baitfish dealer licenses and resident and nonresident fish transportation licenses. Accordingly, Commission's regulations pertaining to the issuance of these licenses should be removed.
In addition, 3 Pa.C.S. 4219 (relating to permissible propagation) provides that the Commission will determine which species of fish are allowed to be propagated in each watershed and will provide the Department with the list. This section also provides that special regulations shall be promulgated regarding closed system propagation. Therefore, the Commission proposes the amendments to read as set forth in Annex A.
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments will impose no new costs on the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically to ra-pfbcregs@state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-117. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 71. PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS § 71.1. General.
[(a) Species of fish for which ''Propagation,'' ''Live Bait Dealers'' and ''Transportation'' permits will be issued are listed by the Commission. Lists will be made available upon request. Permits orlicenses will not be issued for propagation or introduction of fish into the waters of this Commonwealth other than those listed as approved by the Commission. Upon action of the Bureau of Fisheries, species of fish may be added to or deleted from these lists.
(b) Licenses and permits will state the common and scientific names of the species covered by the permit or license. The Commission reserves the right to revoke or refuse to issue permits or licenses that would result in the introduction of diseased fish or a particular species of fish into a watershed where it is not now present.
(c)] The introduction of grass carp or white amur into Commonwealth waters is prohibited except that triploid grass carp may be introduced into Commonwealth waters as provided in § 71.7 (relating to triploid grass carp). It is unlawful to propagate grass carp (diploid or triploid) in this Commonwealth.
§ 71.2. [Live bait dealer's licenses] Fish species approved for artificial propagation and introduction.
[The Bureau of Fisheries will maintain a list of species for which issuance of live bait dealers' licenses is authorized.] The Bureau of Fisheries will maintain a list of species by watershed for which the Department of Agriculture may issue registrations for artificial propagation and registrations for dealers of live aquatic animals. The Director of the Bureau of Fisheries may update or modify the list of authorized species by adding species to, or deleting species from, the list as necessary to provide for the protection and management of fish and fishing in this Commonwealth. The Commission will provide the list to the Department of Agriculture on or before January 31 each year and whenever the Commission updates or modifies the list. Copies of the list of authorized species are available upon request from the Pennsylvania Fish and Boat Commission, Bureau of Fisheries, 450 Robinson Lane, Bellefonte, Pennsylvania 16823.
§ 71.3. [Propagation] Closed system propagation.
(a) [The Bureau of Fisheries will maintain a list of species for which issuance of propagation licenses is authorized. The Director of the Bureau of Fisheries may update or modify the list of authorized species by adding species to, or deleting species from, the list as necessary to provide for the protection and management of fish and fishing in this Commonwealth. Copies of the list of authorized species are available upon request from the Pennsylvania Fish and Boat Commission, Bureau of Fisheries, 450 Robinson Lane, Bellefonte, Pennsylvania 16823.
(b) Limited propagation licenses. The Commission may issue an artificial propagation license for a species of fish not listed in subsection (a) if the applicant demonstrates to the satisfaction of the Executive Director, or a designee, that the propagation will occur in a closed system with essentially no chance of escapement of the fish into the waters of this Commonwealth. An artificial propagation license issued for species of fish not listed in subsection (a) will be subject to additional restric-tions the Executive Director, or a designee, may impose. The limited propagation license shall be considered experimental and is subject to suspension if fish escape into the waters of this Commonwealth or a license condition or restriction is violated. It is unlawful for a person issued a limited propagation license under this subsection to permit fish to escape into the waters of this Commonwealth, to violate a term, restriction or condition of the license or to continue to operate if the license is suspended.]
(a) Closed (no discharge) system. A propagating system may be designated as a closed system only if the following criteria are met:
(1) There will be 100% recycling water as normal operations.
(2) Closed systems will be housed indoors in a structure enclosed by solid walls, floor and roof.
(3) Water can be added to the system only for making up evaporative loss, cleaning and fish harvesting or to reduce toxic ammonia/nitrates by diluting.
(4) The system does not discharge water into waters of this Commonwealth.
(5) No live fish or live fish eggs will be allowed to escape with water discharges. Accidental spillage of live fish or live fish eggs (including truck loading, and the like) will be contained within the facility in a manner that will prevent fish and fish eggs from escaping into the waters of this Commonwealth.
(6) The system operator is registered with and the system has been inspected and approved by the Department of Agriculture (Department).
(b) Systems with discharges rendered incapable of containing living organisms. A system whose discharge of water is rendered incapable of containing self-perpetuating living organisms shall be registered with and inspected and approved by the Department to ensure that no living organisms are contained in the discharge. The registration of this system may include any species of fish with the approval of the Department
(c) Escape of fish into waters of this Commonwealth. It is unlawful for an operator of any system registered under subsection (a) or (b) to allow fish to escape into the waters of this Commonwealth.
(d) Written plans for discharge. An operator of any system registered under subsection (a) or (b) shall develop, maintain and make available for immediate inspection by the Commission and the Department upon request a written plan for containing or treating discharge in the event of a discharge system failure.
(e) Satisfaction in event of discharge. An operator of any system registered under subsection (a) or (b) shall notify both the Commission's Director of theBureau of Fisheries and the Department's Aquaculture Coordinator immediately in the event of a discharge system failure that is likely to contain viable living organisms.
§ 71.7. Triploid grass carp.
* * * * * (d) Dealers and importers. In addition to the triploid grass carp permit required by subsection (c), [a license is required under section 3309 of the code (relating to live bait fish, live fish bait and live fish dealers licenses) to sell live triploid grass carp in this Commonwealth or to transport these fish into this Commonwealth. The following licenses are required by section 3309 of the code:
(1) Resident live fish dealer license--$25 per year.
(2) Resident dealer's transportation license--$10 per license.
(3) Nonresident dealer's license--$100 per year.] dealers and importers shall obtain and maintain all licenses, permits and registrations required by the Department of Agriculture for the sale or transportation of fish.
* * * * *
CHAPTER 73. TRANSPORTATION OF LIVE FISH INTO THIS COMMONWEALTH § 73.2. [Authorized list] (Reserved).
[The Bureau of Fisheries will maintain a list of species for which issuance of transportation permits is authorized. The Director of the Bureau of Fisheries may update or modify the list of authorized species by adding species to, or deleting species from, the list as necessary to provide for the protection and management of fish and fishing in this Commonwealth. Copies of the list of authorized species are available upon request from the Pennsylvania Fish and Boat Commission, Bureau of Fisheries, 450 Robinson Lane, Bellefonte, Pennsylvania 16823.]
[Pa.B. Doc. No. 01-1167. Filed for public inspection June 29, 2001, 9:00 a.m.]
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