RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 71 AND 73]
Propagation of Fish
[32 Pa.B. 1725] The Fish and Boat Commission (Commission) by this order amends 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 under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments relate to fishing.
A. Effective Date
The amendments will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This final-form rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The 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 amendments to §§ 71.2 and 71.3 (relating to fish species approved for artificial propagation and introduction; and closed system propagation) are published under the statutory authority of section 2102 of the code and 3 Pa.C.S. § 4219 (relating to permissible propagation). The 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 amendments are designed to update, modify and improve the Commission's regulations pertaining to fishing. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
On October 16, 1998, the General Assembly amended the Commonwealth's agriculture laws to designate aquaculture as a normal farming activity. This amendment transferred 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 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 proposed amendments addressing those issues.
A notice of proposed rulemaking was published at 31 Pa.B. 3412 (June 30, 2001). The Commission did not receive any written public comments regarding the proposed rulemaking. However, the Department's Aquaculture Advisory Committee (Committee) discussed the proposed rulemaking on several occasions, and members of the Committee recommended changes to the proposed amendments relating to closed system propagation. Based upon the Committee's recommendations, the Commission has adopted the amendments as set forth in the notice of proposed rulemaking with the changes to § 71.3 to read as set forth in Annex A.
F. Paperwork
The amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 31 Pa.B. 3412. The Commission subsequently published a notice at 31 Pa.B. 6287 (November 17, 2001), advising the public that staff would be recommending that the Commission consider additional changes to § 71.3. The notice also extended the public comment period until January 15, 2002. In addition, the Commission mailed a copy of the notice and the additional changes to all registered aquaculture producers and live aquatic animal dealers. The Commission did not receive any public comments concerning the proposal.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and no comments were received.
(3) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 71 and 73, are amended by amending §§ 71.1, 71.2, 71.7 and 73.2 to read as set forth at 31 Pa.B. 3412 and § 71.3 to read as set forth in Annex A.
(b) The Executive Director will submit this order, 31 Pa.B. 3412 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 31 Pa.B. 3412 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-117 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 71. PROPAGATION AND INTRODUCTION OF FISH INTO THE COMMONWEALTH WATERS § 71.3. Closed system propagation.
(a) Closed (no discharge) system. A propagating system may be designated as a closed system only if all of 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. For purposes of this subsection, a wall, floor or roof will be considered ''solid'' if it is constructed and maintained to prevent unauthorized human or animal intrusions into the closed system facility and to prevent release or escape of aquatic organisms from the closed system.
(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 the Department of Agriculture (Department). The Department will notify the Commission when it receives an application to register a proposed closed system, and the Commission may, within 30 days of receipt of the notice, inspect the system to ensure that it is designed and constructed in a manner to prevent escapement of live fish or live fish eggs into the waters of this Commonwealth. Closed systems registered under this subsection shall, in addition to an initial inspection, be subject to inspection at any time to ensure compliance with the requirements of this section and the Commission may issue an order to suspend operations of any closed system when an inspection discloses that it is not in compliance.
(7) The Commission will invite the Department's Aquaculture Advisory Committee or a subcommittee thereof to draft and periodically update construction guidelines for closed system propagators to help them ensure enclosed facilities prevent escape of aquatic organisms into the waters of this Commonwealth. These guidelines will assist registered propagators in the design, construction and maintenance of closed systems and will assist the Commission in inspecting these systems.
(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 the Department. The Department will notify the Commission when it receives an application to register a proposed system under this subsection, and the Commission may, within 30 days of receipt of the notice, inspect the system to ensure that it is designed and constructed so that its discharge is rendered incapable of containing live fish or live fish eggs. Systems registered under this subsection shall, in addition to an initial inspection, be subject to inspection at any time to ensure compliance with this section and the Commission may issue an order to suspend operations of any system when an inspection discloses that it is not in compliance. 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 the Bureau 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.
[Pa.B. Doc. No. 02-521. Filed for public inspection April 5, 2002, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
