§ 71a.7. Introduction or transportation of VHS-susceptible species of fish.
(a) Intrastate transportation. It is unlawful to introduce, transport or cause the transportation of VHS-susceptible species of fish from the portion of the Lake Erie watershed in this Commonwealth into other watersheds of this Commonwealth, except in accordance with § 69.3(b) and (d) (relating to transportation, introduction and sale of VHS-susceptible species of fish out of the Lake Erie watershed).
(b) Interstate transportation. It is unlawful to introduce, transport or cause the transportation into the waters of this Commonwealth VHS-susceptible species of fish from a VHS-affected or VHS-at risk region or VHS-affected or VHS-at risk state unless the fish meet the requirements one of the following requirements:
(1) The fish are from a group of fish certified as having tested negative for VHS or are from an artificial propagation facility certified as having tested negative for VHS in accordance with the testing protocols adopted by the Department and approved by the Commission. Persons transporting these fish shall have in their possession, and present upon the request of an officer authorized to enforce the code, a copy of the fish health certification reports for all VHS-susceptible fish being transported or a copy of the fish health certification report for the artificial propagation facility if the fish are from a facility that has been certified as having tested negative for VHS.
(2) The fish are being transported through this Commonwealth and the shipping container including a tank, trailer, holding vessel or other container remains bio-secure in transit and the fish are accompanied in transit by documentation stating the point of origin of the fish and the location outside of this Commonwealth to which they are to be delivered.
(3) All of the following apply:
(i) The fish are being transported to facilities located within this Commonwealth for testing and scientific purposes.
(ii) The persons transporting the fish have taken adequate measures to prevent escape and to disinfect discharged water and equipment used in the transportation of the fish.
(iii) The fish are accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for testing or scientific purposes.
(4) The fish are being transported to a slaughter facility, processing plant or restaurant within this Commonwealth and the fish are accompanied in transit by documentation stating the point of origin of the fish and the destination to which they are to be delivered for slaughter, processing or consumption.
(5) The fish are dead, recreationally caught fish that are being transported solely for the purpose of human consumption.
(c) International movement.
(1) Except as provided in paragraph (2), it is unlawful to import or cause the importation of VHS-susceptible species of fish into this Commonwealth from a VHS-affected or VHS-at risk region.
(2) VHS-susceptible species of dead fish may be imported into the United States if the fish are recreationally caught and are for human consumption.
(d) Definitions. The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
VHS-affected or VHS-at risk region—Includes the Canadian provinces of Ontario and Quebec or other region that the Animal and Plant Inspection Services of the United States Department of Agriculture (APHIS) later designates by order, or the Commission later defines by notice in the Pennsylvania Bulletin as being a VHS-affected region or VHS-at risk region.
VHS-affected or VHS-at risk state—Includes Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin or other state that APHIS later designates by order, or the Commission later defines by notice in the Pennsylvania Bulletin as being a VHS-affected state or VHS-at risk state.
VHS-susceptible species—Those listed as a susceptible host species by the World Organization for Animal Health’s Aquatic Manual and listed on the Commission’s Species by Watershed Approved for Open System (Flow Through) Propagation and Introductions list or as the Commission defines by notice in the Pennsylvania Bulletin. The term:(1) Includes fish that are dead or alive, preserved or unpreserved, and the parts of the fish.
(2) Does not include the eggs of these species.
Cross References This section cited in 58 Pa. Code § 63.51 (relating to sale of VHS-susceptible species of fish); and 58 Pa. Code § 71a.13 (relating to bait fish importation and use).
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