Subchapter A. GENERAL PROVISIONS


Sec.


69.1.    Statutory authority.
69.2.    Scope.
69.3.    Transportation, introduction and sale of VHS-susceptible species of fish out of the Lake Erie watershed.

§ 69.1. Statutory authority.

 (a)  Subchapter B (relating to sport fishing and angling) is promulgated under sections 741, 2102 and 2106 of the code (relating to control of property; rules and regulations; and fishing in hatchery or nursery waters).

 (b)  Subchapters C and D (relating to commercial fishing licenses; and commercial fishing, seasons and nets) are promulgated under section 2903 of the code (relating to boat and net licenses for boundary lakes).

§ 69.2. Scope.

 This chapter governs sport fishing and angling and commercial fishing in Lake Erie and its tributaries.

§ 69.3. Transportation, introduction and sale of VHS-susceptible species of fish out of the Lake Erie watershed.

 (a)  For purposes of this section, species of fish that are susceptible to viral hemorrhagic septicemia (VHS) are those species that the Animal and Plant Health Inspection Service of the United States Department of Agriculture designates by order or the Commission defines by notice published in the Pennsylvania Bulletin.

   (1)  The term ‘‘VHS-susceptible species’’ includes fish that are dead or alive, preserved or unpreserved, and the parts thereof.

   (2)  The term ‘‘VHS-susceptible species’’ does not include the eggs of these species.

 (b)  It is unlawful to transport or cause the transportation of VHS-susceptible species of fish out of the portion of Lake Erie watershed in this Commonwealth except when one of the following conditions is met:

   (1)  The fish are being transported to a disease testing facility and 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 to which they are to be delivered for testing.

   (2)  The fish are from a group of fish certified as having tested negative for VHS in accordance with the testing protocols adopted by the Department of Agriculture (Department) and approved by the Commission. Persons selling the 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 owned or kept at the place of sale.

   (3)  The fish 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. Artificial propagation facilities 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 report for the facility.

   (4)  The fish are being transported to a slaughter facility, processing plant or restaurant 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)  It is unlawful to possess and use VHS-susceptible species of fish from the Lake Erie watershed as bait in other watersheds of this Commonwealth except when 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.

 (d)  It is unlawful to introduce VHS-susceptible species of fish from the Lake Erie watershed into other watersheds of this Commonwealth except when 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.

 (e)  It is unlawful to sell VHS-susceptible species of fish from the Lake Erie watershed in other watersheds of this Commonwealth unless the following conditions are met:

   (1)  The sale meets the requirements of 30 Pa.C.S. §  2507 (relating to sale of certain fish, reptiles and amphibians prohibited).

   (2)  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 selling these fish shall have in their possession, and present upon the request of an officer authorized to enforce the code, either a copy of the fish health certification reports for all VHS-susceptible fish kept at the place of sale or a copy of the fish health certification report for the artificial propagation facility if the fish are from a facility certified as having tested negative for VHS.

Authority

   The provisions of this §  69.3 adopted under the Fish and Boat Code, 30 Pa.C.S. §  2102.

Source

   The provisions of this §  69.3 adopted December 7, 2007, effective January 1, 2007, 37 Pa.B. 6402; amended December 12, 2008, effective January 1, 2009, 38 Pa.B. 6742. Immediately preceding text appears at serial pages (331463) to (331464).

Cross References

   This section cited at 58 Pa. Code §  73.3 (relating to transportation and importation of VHS-susceptible species of fish).



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