PROPOSED RULEMAKING
[58 PA. CODE CH. 69]
Fishing; Fishing in Lake Erie and Boundary Lakes
[37 Pa.B. 1218]
[Saturday, March 17, 2007]The Fish and Boat Commission (Commission) proposes to amend Chapter 69 (relating to fishing in Lake Erie and boundary lakes). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking prohibits the transportation of live fish out of the Lake Erie watershed.
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed addition of § 65.3 (relating to transportation of live fish out of the Lake Erie watershed) is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.
E. Summary of Proposal
Lake Erie and the Great Lakes contain invasive species, including zebra mussels, round goby, ruffe, spiny water flea and others, that have been introduced. Many of these introductions are believed to have occurred from ballast water exchange. An infectious fish disease, caused by a variant of Viral Hemorrhagic Septicemia Virus (VHS), has caused mortalities of muskies, yellow perch and gizzard shad. These mortalities were first reported from Lake St. Clair, the St. Clair River in Michigan and western Lake Erie near Detroit in spring 2006. As spring progressed, freshwater drum, white bass and yellow perch were reported from western and central Lake Erie, including areas near the Pennsylvania/Ohio border. The disease also has been reported from Lake Ontario. Other variant of forms of VHS known from Europe and the western United States have caused significant mortality in hatchery fish.
On October 24, 2006, the United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) issued an emergency order prohibiting the importation of certain live fish species from the Canadian provinces of Ontario and Quebec into the United States. In addition, export of live fish of the 37 species listed was prohibited from the eight Great Lake boundary states: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin. On November 14, 2006, the APHIS issued an amended order that allowed restricted movement under requirements for testing and certification that fish are VHS free.
To contain the spread of invasive species and this disease, live fish from the portion of the Lake Erie watershed in this Commonwealth should not be transported out of the watershed and released into other waters. Therefore, the Commission proposes to make it unlawful to transport live fish out of the portion of the Lake Erie watershed in this Commonwealth and proposes to add § 69.3 (relating to transportation of live fish out of the Lake Erie watershed) to read as set forth in Annex A. Waters included in the portion of the Lake Erie watershed in this Commonwealth are Twentymile Creek, Orchard Beach Run, Sixteenmile Creek, Twelvemile Creek, Eightmile Creek, Sevenmile Creek, Sixmile Creek, Fourmile Creek, Millcreek, Cascade Creek, Walnut Creek, Trout Run, Godfrey Run, Elk Creek, Crooked Creek, Raccoon Creek, Turkey Creek, Conneaut Creek, Ashtabula Creek and their tributaries.
By separate notice published at 37 Pa.B. 731 (February 10, 2007), the Executive Director, acting under the authority of § 65.25 (relating to temporary changes to fishing regulations), already has taken immediate action to make it unlawful to transport or cause the transportation of live fish out of the portion of the Lake Erie watershed in this Commonwealth. The temporarily modification went into effect immediately and will remain in effect in effect until January 1, 2008, unless the Commission, by appropriate action, adopts the new regulation.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.state.pa.us/Fish/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in another manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-191. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES § 69.3. Transportation of live fish out of the Lake Erie watershed.
It is unlawful to transport or cause the transport of live fish out of the portion of the Lake Erie watershed in this Commonwealth.
[Pa.B. Doc. No. 07-435. Filed for public inspection March 16, 2007, 9:00 a.m.]
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