Current through Register Vol. 54, No. 44, November 2, 2024
(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.
The provisions of this §69.3 adopted under the
Fish and Boat Code,
30 Pa.C.S. §
2102.
This section cited at 58 Pa. Code §
73.3 (relating to transportation
and importation of VHS-susceptible species of
fish).
