Current through Register Vol. 54, No. 44, November 2, 2024
(a) For purposes of this section, the
following terms have the following meanings:
(1) 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
(APHIS) designates by order or the Commission defines by notice in the
Pennsylvania Bulletin.
(i)
The term "VHS-susceptible species" includes fish that are dead or alive,
preserved or unpreserved, and the parts thereof.
(ii) The term "VHS-susceptible species" does
not include the eggs of these species.
(2) A 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
VHS-affected or VHS-at risk.
(3) A
VHS-affected or VHS-at risk region includes the Canadian provinces of Ontario
and Quebec or other region that APHIS later designates by order or the
Commission later defines by notice in the Pennsylvania
Bulletin as being VHS-affected or VHS-at risk.
(b) It is unlawful to sell VHS-susceptible
species of fish from the portion of the Lake Erie watershed in this
Commonwealth in other watersheds of this Commonwealth except in accordance with
69.3(e) (relating
to transportation, introduction and sale of VHS-susceptible species of fish out
of the Lake Erie watershed).
(c) It
unlawful to sell in this Commonwealth VHS-susceptible species of fish from a
VHS-affected or VHS-at risk state, 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 Pennsylvania Department of
Agriculture 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.
(d) It is unlawful to sell in this
Commonwealth VHS-susceptible species of fish from a VHS-affected or VHS-at risk
region, unless the fish meet the requirements of §
71a.7 (relating to introduction or
transportation of VHS-susceptible species of fish).
The provisions of this §63.51 issued under the
authority of the Fish and Boat Code,
30 Pa.C.S. §
2102(a).
