Post by williethewelder on Mar 19, 2007 21:29:38 GMT -4
Title 58. Recreation
Part II. Fish and Boat Commission
Chapter 69
Fishing
Preamble
The Fish and Boat Commission (Commission) proposes to amend 58 Pa. Code 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
Page 2
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 the spring of 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
Page 3
Wisconsin. On November 14, 2006, 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 Pennsylvania
portion of the Lake Erie watershed 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 Pennsylvania portion of the Lake Erie watershed and proposes to add §69.3 to read as set forth in
Annex A. Waters included in the Pennsylvania portion of the Lake Erie watershed 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 in the Pennsylvania Bulletin, 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 Pennsylvania portion of the Lake Erie watershed. 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
Page 4
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, Pennsylvania Fish and Boat Commission, P.O.
Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice 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 any other manner will not be accepted.
For the Pennsylvania Fish and Boat Commission
Douglas J. Austen, Ph.D.
Executive Director
Annex A
Regulation No. 48A-191
Title 58. Recreation
Part II. Fish and Boat Commission
Subpart B. Fishing
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES.
Page 5
§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 Pennsylvania portion of
the Lake Erie watershed.
Part II. Fish and Boat Commission
Chapter 69
Fishing
Preamble
The Fish and Boat Commission (Commission) proposes to amend 58 Pa. Code 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
Page 2
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 the spring of 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
Page 3
Wisconsin. On November 14, 2006, 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 Pennsylvania
portion of the Lake Erie watershed 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 Pennsylvania portion of the Lake Erie watershed and proposes to add §69.3 to read as set forth in
Annex A. Waters included in the Pennsylvania portion of the Lake Erie watershed 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 in the Pennsylvania Bulletin, 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 Pennsylvania portion of the Lake Erie watershed. 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
Page 4
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, Pennsylvania Fish and Boat Commission, P.O.
Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice 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 any other manner will not be accepted.
For the Pennsylvania Fish and Boat Commission
Douglas J. Austen, Ph.D.
Executive Director
Annex A
Regulation No. 48A-191
Title 58. Recreation
Part II. Fish and Boat Commission
Subpart B. Fishing
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES.
Page 5
§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 Pennsylvania portion of
the Lake Erie watershed.