Subchapter C. FISH INTRODUCTION AND HEALTH MANDATES
Sec.
71a.5. Notice of Stocking to the Commission.
71a.6. Fish health certificate requirements.
71a.7. Introduction or transportation of VHS-susceptible species of fish.
71a.8. Stocking of designated waters.
71a.9. Improper stocking of Commission fish.
71a.10. Triploid grass carp.§ 71a.5. Notice of Stocking to the Commission.
(a) General
(1) No person may introduce any species of fish into waters of this Commonwealth (except baited on a hook for angling purposes) without prior submission of a Notice of Stocking to the Commission. For the purposes of this subsection, ‘‘waters of this Commonwealth’’ does not include waters contained within a property or premise of a propagation or dealer facility licensed under 3 Pa.C.S. § § 4201—4223 (relating to Aquacultural Development Law). Persons who notify the Commission of an intent to stock fish through a Notice of Stocking should also ensure that fish intending to be stocked are limited to those listed on the Notice of Stocking and the Commission’s Species by Watershed Approved for Open System (Flow Through) Propagation and Introductions list. An electronic or hard copy of the Notice of Stocking shall be present at the location during the time fish are stocked. In the event the person(s) who filed a Notice of Stocking is not present during the time of stocking, an entity stocking fish on behalf of the authorized person shall possess a copy of the Notice of Stocking.
(2) In addition to the Notice of Stocking requirement set forth in paragraph (1), species of fish may not be transported into this Commonwealth from another state, province or country and liberated in a watershed of this Commonwealth without previous written permission from the Commission, nor may a species of fish be transferred from waters in this Commonwealth into another drainage of this Commonwealth where this particular species is not always present without prior written consent from the Commission. Inspection for species composition or presence of disease, or both, will be required at the discretion of the Commission on all lots of fish transported into this Commonwealth. Written permission from the Commission may be obtained by sending a request to the Executive Director, P.O. Box 67000, Harrisburg, Pennsylvania 17106.
(3) The following apply:
(i) The following do not require submission of a Notice of Stocking:
(A) Fish not on a Commission prohibited species list and raised and sold for the intended uses of indoor aquaria.
(B) Fee fishing operations located on the same property as a propagation facility licensed under 3 Pa.C.S. § § 4201—4223.
(C) Outdoor ornamental ponds not discharging into a water of this Commonwealth.
(ii) Species obtained through or originating from pet stores or tropical and ornamental fish dealers may not be released into waters of this Commonwealth.
(4) Submission of a Notice of Stocking does not authorize individuals or organizations to stock waters that are prohibited from stocking as defined in § § 57.8a (relating to Class A wild trout streams) and 71a.8 (relating to stocking of designated waters).
(b) Notice of Stocking Form. A Notice of Stocking shall be made on a form prescribed by the Commission. In addition to the information required under 1 Pa. Code § 35.2 (relating to contents of applications), persons notifying the Commission of intent to stock must provide other information as may be required by the Commission to fully describe the details of the planned stocking.
(c) Exceptions. Exceptions from a Notice of Stocking submission will require prior written approval from the Executive Director or their designee.
(d) Effective Date. Beginning on January 1, 2024, the provisions of § 71a.5(a)—(c) shall be effective.
§ 71a.6. Fish health certificate requirements.
(a) A fish health certificate may be required, as specified in subsection (b), for fish being imported into this Commonwealth and shall certify fish intending to be introduced, place or stocked in waters of this Commonwealth are free of specific diseases, pathogens or parasites determined by the Commission to be of a risk to the fishery interests of the Commonwealth. The Commission will consult with the Department for potential testing of dangerous transmissible diseases of fish.
(b) The Commission shall develop a Fish Health Inspection Protocol for Importation into the Commonwealth and Introduction into Waters of this Commonwealth (protocol). The Commission shall determine which diseases, pathogens or parasites are required for testing for species of fish intending to be introduced into waters of this Commonwealth. The Commission will consult with the Department for potential testing of dangerous transmissible diseases of fish. Fish health certification requirements and procedures shall be modified or updated by the Commission, as necessary. When updates to the protocol occur, the Commission shall publish the protocol as a notice in the Pennsylvania Bulletin and notify the Department of the changes.
(c) The Commission may require testing for intrastate introduction, placement or stocking of fish, as specified in subsection (b), to prevent the introduction or spread of specific diseases, pathogens or parasites that pose a risk to the fishery interests of the Commonwealth. The Commission will consult with the Department for potential testing of dangerous transmissible diseases of fish.
(d) The following fish health requirements apply to the importation of fish into this Commonwealth:
(1) Fish and fish eggs imported into this Commonwealth must originate from sources with a copy of the fish health certification report for all applicable fish being stocked as indicated in the protocol, 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 all applicable fish pathogens, unless the fish meet one of the following requirements:
(i) The fish are being transported through this Commonwealth, the shipping container remains bio-secure in transit, and the fish are accompanied by documentation stating the point of origin of the fish and the location outside of this Commonwealth where they are to be delivered.
(ii) The fish are being transported to facilities located within this Commonwealth for testing and scientific purposes, 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, and the fish are accompanied in transit by documentation stating the point of origin of the fish and the destination where they are to be delivered for testing or scientific purposes.
(iii) 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 where they are to be delivered for slaughter, processing or consumption.
(iv) The fish are dead, recreationally caught fish that are being transported solely for the purpose of human consumption or taxidermy.
(2) Specific testing requirements may vary depending on the species of fish, geographical location of the shipping facility or source, and the final designated end use of the fish being imported into this Commonwealth. The Commission’s protocol shall specify these requirements.
(3) Documentation of testing results shall remain with the fish during transport and produced upon request.
(e) The following fish health requirements apply to the introduction of fish into waters of this Commonwealth:
(1) Fish being introduced into waters of this Commonwealth must originate from sources that comply with the fish health inspection process described in the Commission’s protocol.
(2) Specific testing requirements may vary depending on the species, origin and final location of where the fish are being introduced into waters of this Commonwealth. The Commission’s protocol shall specify these requirements.
(3) When applicable, persons who have filed a Notice of Stocking with the Commission or their agent shall have in their possession, and present upon the request of an officer authorized to enforce the code:
(i) a copy of the fish health certification report for all applicable fish being stocked as indicated in the protocol and the Notice of Stocking; or
(ii) the Notice of Stocking and 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 all applicable fish pathogens as indicated in the protocol and Notice of Stocking.
(f) The Commission grants a grace period for full implementation of the protocol through December 31, 2025. Beginning on January 1, 2026, the provisions of this section and the protocol shall be effective.
Cross References This section cited in 58 Pa. Code § 71a.2 (relating to general); 58 Pa. Code § 71a.10 (relating to triploid grass carp); and 58 Pa. Code § 71a.13 (relating to bait fish importation and use).
§ 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).
§ 71a.8. Stocking of designated waters.
It is unlawful to introduce, place or stock fish in waters that have been designated by the Commission as catch and release, wilderness trout or wild trout management waters except with the express written consent of the Executive Director or their designee. This section does not prohibit a person from returning fish unharmed to the waters from which they were caught or taken.
Cross References This section cited in 58 Pa. Code § 57.8a (relating to Class A wild trout streams); and 58 Pa. Code § 71a.5 (relating to Notice of Stocking to the Commission).
§ 71a.9. Improper stocking of Commission fish.
When stocking fish reared or salvaged by the Commission or a cooperative nursery recognized by the Commission, the following acts are prohibited:
(1) Failure to stock fish in waters designated by Commission personnel.
(2) Diversion of fish to be stocked to waters not open or accessible to free public fishing.
(3) Mishandling or misuse of fish being stocked in a manner so as to damage or destroy the fish.
§ 71a.10. Triploid grass carp.
(a) Policy. As a limited exception to the prohibition of grass carp in this Commonwealth, it is the policy of the Commission to permit triploid grass carp, certified by the United States Fish and Wildlife Service (USFWS) and procured from a producer participating in the USFWS certification program, to be introduced into Commonwealth waters and imported and transported into this Commonwealth in accordance with this section.
(b) Status. The triploid grass carp is not a game fish.
(c) Permit required.
(1) The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that permits shall be required for possessing triploid grass carp or introducing them into Commonwealth waters and for importing or transporting triploid grass carp into this Commonwealth to provide for proper protection and management of these fish and other fish in the waters of this Commonwealth. A pond owner, landowner or other person who wishes to possess triploid grass carp and introduce them into a pond or waters located on property owned, leased or otherwise controlled by the person shall, before placing triploid grass carp in the waters, obtain from the Commission a triploid grass carp possession/introduction permit, for a fee of $85. A person who wishes to import triploid grass carp into this Commonwealth shall, before doing so, obtain from the Commission a triploid grass carp importation/transportation permit, for a fee of $85. Permits shall be applied for on forms supplied by the Commission. Live triploid grass carp imported and intended for introduction into waters of this Commonwealth shall be in compliance with § 71a.6 (relating to fish health certificate requirements).
(2) A person aggrieved by a Commission staff action on a permit application may appeal under Chapter 51, Subchapter E (relating to permit procedures) and 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(d) Dealers and importers. In addition to the triploid grass carp permit required by subsection (c), dealers and importers shall obtain and maintain all licenses, permits and registrations required by the Department for the sale or transportation of fish.
(e) Restrictions on introduction of triploid grass carp.
(1) The Commission will not approve the stocking or release of triploid grass carp into a water body wholly or partially in this Commonwealth that is currently known to be inhabited by a species of animal or plant currently listed as status endangered, threatened, candidate or other special concern status, by a state or Federal agency with jurisdiction for the species, without prior written approval for the stocking or release by the agency or agencies which classified the species as endangered, threatened, candidate or of special concern.
(2) The Commission will not approve stocking or release of triploid grass carp into wetlands under Federal or state jurisdiction except in compliance with applicable Federal or state regulations including, when required, the written approval for the stocking or release by the involved agency or agencies.
(3) The Commission will not approve stocking or release of triploid grass carp into a body of water more than 5 acres in surface area until the applicant submits an environmental inspection report prepared by a biologist, fisheries scientist or environmental scientist acceptable to the Commission. The environmental inspection report shall include all of the following:
(i) A certification that the preparer has personally inspected the pond or body of water and that the stocking of triploid grass carp will have no adverse environmental impacts on the waters where stocked or waters upstream or downstream of the waters.
(ii) A description of the measures taken by the applicant to prevent the escape of the grass carp into waters upstream or downstream of the stocked waters.
(iii) Additional information as the Commission may require.
(4) The Commission may require an applicant for a permit to stock triploid grass carp in a pond or body of water of 5 or less acres in surface area to submit an environmental inspection report in the format described in paragraph (3) when the staff’s review of the application indicates that further inspection or review of the proposed stocking is appropriate under the circumstances.
(5) The issuance of permits under this section will be subject to the public notice and comment provisions of Chapter 51, Subchapter E.
(f) Prohibited acts.
(1) It is unlawful to transport, import, possess or introduce triploid grass carp in this Commonwealth unless the person possessing, transporting, importing or introducing the grass carp obtains and maintains required permits, possesses a valid bill of sale or bill of origin from a producer participating in the USFWS triploid grass carp certification program and the grass carp are certified by the USFWS to be triploid grass carp. Permits shall be displayed upon request to an officer authorized to enforce the code or this part. The certification of triploid status shall be obtained from the producer at the time of purchase.
(2) Persons, organizations or companies are prohibited from giving, trading or exchanging triploid grass carp except to persons holding valid triploid grass carp possession/introduction permits.
(g) Revocation or suspension of permits. Failure to abide by regulations, permits and permit conditions pertinent to triploid grass carp possession, transportation and introduction may result in suspension or revocation of the applicable permits in accordance with Chapter 51, Subchapter C (relating to suspension, denial or revocation of licenses, permits, registrations or privileges). Revocation or suspension shall be in addition to other applicable penalties provided by law or regulation.
Cross References This section cited in 58 Pa. Code § 71a.3 (relating to fish propagation and introduction list).
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