PRINTER'S NO. 3106
No. 2175 Session of 2008
INTRODUCED BY STAIRS, CAPPELLI, DALEY, GEIST, GODSHALL, GRUCELA,
HELM, HERSHEY, MENSCH, MURT, READSHAW, SAYLOR, STERN AND
MOYER, JANUARY 17, 2008
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
JANUARY 17, 2008
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, further providing for definitions, for aquaculture
3 advisory committee, for biennial survey of aquaculture, for
4 permissible propagation, for registration for artificial
5 propagation, for activities under registration for artificial
6 propagation, for registration of dealers and for prohibited
7 propagation and penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 4203, 4216(a) and (b), 4217 and 4219(a)
11 and (c) of Title 3 of the Pennsylvania Consolidated Statutes are
12 amended to read:
13 § 4203. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Account." The Aquaculture Development Account.
18 "Advisory committee." The Aquaculture Advisory Committee in
19 the Department of Agriculture.
1 "Aquaculture." A form of agriculture which is the controlled
2 cultivation of [aquatic plants, animals and microorganisms] an
3 aquatic organism.
4 "Aquarium species." Any aquatic [species] organism which may
5 not be propagated in open air facilities within this
6 Commonwealth under normal circumstances and [are] is primarily
7 kept indoors in glass aquariums for [their] its aesthetic value.
8 "Aquatic organism." Any plant or animal [that grows or lives
9 in or upon the water] dependent upon immersion in water for the
10 survival of any stage of its lifecycle.
11 "Artificial propagation." Rearing any species of fish during
12 any stage of the species' life cycle from inception by natural
13 or artificial means to the adult stage of the species.
14 "Baitfish." The following fish, unless otherwise provided by
15 departmental regulation:
16 (1) All forms of the minnow family (Cyprinidae) except
17 carp and goldfish.
18 (2) Suckers, chubs, fallfish, lampreys and eels
19 measuring less than eight inches in length.
20 (3) All forms of darters, killifish and madtoms
21 (otherwise known as stonecats).
22 "Commission." The Pennsylvania Fish and Boat Commission.
23 "Dealer." A person that buys, receives, sells, exchanges,
24 negotiates or solicits the sale, resale, exchange or transfer of
25 aquatic organisms for the purpose of transfer of ownership or
26 possession to a third party.
27 "Department." The Department of Agriculture of the
28 Commonwealth.
29 "Finfish." True fish which are any number of strictly
30 aquatic craniate vertebrates that include the teleosts,
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1 elasmobranches and cyclostomes. These fish typically have an
2 elongated, spindle-shaped body terminating in a caudal fin.
3 "Fish." When used as a noun, the term includes all game
4 fish, fish bait, baitfish, amphibians[, reptiles] and aquatic
5 organisms.
6 "Fish bait." As defined under 30 Pa.C.S. § 102 (relating to
7 definitions).
8 "Game fish." As defined under 30 Pa.C.S. § 102 (relating to
9 definitions).
10 "Hobby breeder." Any person who keeps and propagates aquatic
11 [animals on a small scale. A small scale is] organisms and has
12 gross annual sales of less than $1,000.
13 "Ornamental species." Any aquatic organism kept primarily
14 for its aesthetic value which can be propagated in open-air
15 facilities within this Commonwealth under normal circumstances.
16 "Pet store." A commercial outlet engaged in the retail sale
17 of pets and related products to the public.
18 "Secretary." The Secretary of Agriculture of the
19 Commonwealth.
20 "Watershed." One of the five major watersheds located within
21 this Commonwealth:
22 (1) Lake Erie.
23 (2) Ohio.
24 (3) Delaware.
25 (4) Susquehanna.
26 (5) Potomac.
27 Smaller watersheds not considered as part of these five shall be
28 identified by the Pennsylvania Fish and Boat Commission as
29 annexes to one of the five listed.
30 § 4216. Aquaculture Advisory Committee.
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1 (a) Establishment and composition.--The Aquaculture Advisory
2 Committee is hereby established as a departmental advisory board
3 within the department. The advisory committee shall consist of
4 [21] 13 members of whom the following [12] shall be members ex
5 officio:
6 (1) The secretary.
7 (2) The Secretary of Environmental Protection.
8 (3) The Secretary of Community and Economic Development.
9 (4) The Executive Director of the Pennsylvania Fish and
10 Boat Commission.
11 [(5) The chairman and minority chairman of the
12 Agriculture and Rural Affairs Committee of the Senate.
13 (6) The chairman and minority chairman of the
14 Agriculture and Rural Affairs Committee of the House of
15 Representatives.
16 (7) The chairman and minority chairman of the Game and
17 Fisheries Committee of the Senate.
18 (8) The chairman and minority chairman of the Game and
19 Fisheries Committee of the House of Representatives.]
20 Ex officio members may designate a substitute for membership. Ex
21 officio members cast votes at committee meetings.
22 (b) Appointments by secretary.--The remaining nine members
23 shall be appointed by the secretary as follows:
24 (1) Three appointees must be active, resident cold or
25 cool water aquaculture producers.
26 (2) One appointee must be an active, resident warm water
27 aquaculture producer.
28 (3) One appointee must be an active, resident indoor
29 aquaculture producer.
30 (4) One appointee must be an active, resident servicer
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1 or supplier to the aquaculture industry.
2 (5) One appointee must be an active, resident
3 aquacultural wholesaler, food broker or food merchant.
4 (6) One appointee must be an active, resident aquarium
5 species or ornamental species [aquacultural merchant] dealer.
6 (7) One appointee must be a representative of
7 recreational sport fishing.
8 * * *
9 § 4217. Biennial survey of aquaculture.
10 The department shall cooperate with the Pennsylvania
11 Agricultural Statistics Service to compile biennially a survey
12 of this Commonwealth's aquacultural industry. Persons licensed
13 under sections 4220 (relating to registration for artificial
14 propagation) and 4222 (relating to registration for dealers of
15 live aquatic [animals] organisms) whose businesses involve the
16 sale of fish shall submit annually at the conclusion of each
17 calendar year a summary report of sales specifying the amount or
18 weight of each species sold and gross receipts. The contents
19 shall be used by the department solely for statistics. The
20 individual summary reports are not public records and shall not
21 be made public without written consent of the party submitting
22 that report.
23 § 4219. Permissible propagation.
24 (a) Species.--[The] Except for aquarium species, the
25 commission shall determine which species of fish are allowed to
26 be propagated in each watershed. On or before January 31 of each
27 year, the commission shall supply the department a current list
28 of species approved for propagation and the conditions under
29 which each species may be cultured. As the commission approves a
30 new species for propagation throughout the year, it shall notify
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1 the department of the species and watersheds. Except triploid
2 and other nonreproducing forms, species may be propagated in the
3 same watersheds within which they are allowed to be stocked.
4 * * *
5 (c) Closed systems.--Special regulations shall be
6 promulgated regarding the cultural methods for species of fish
7 allowed to be propagated in systems which do not discharge water
8 into waters of this Commonwealth. Systems whose discharge of
9 water is rendered incapable of containing self-perpetuating
10 living organisms may be registered for any species of fish with
11 approval by the department. Aquarium species may be propagated
12 without approval of the commission and shall not be released
13 into the waters of this Commonwealth.
14 Section 2. Section 4220 of Title 3 is amended by adding a
15 subsection to read:
16 § 4220. Registration for artificial propagation.
17 * * *
18 (c) Exception.--Aquarium species may be propagated without
19 registration for artificial propagation.
20 Section 3. Sections 4221(a), 4222 and 4223(a) are amended to
21 read:
22 § 4221. Activities under registration for artificial
23 propagation.
24 (a) Sale of certain species.--
25 (1) Only aquarium species and species of fish approved
26 for propagation and stocking under section 4219 (relating to
27 permissible propagation) taken from waters wholly within this
28 Commonwealth or legally taken in waters outside of this
29 Commonwealth and received in interstate commerce are
30 permitted to be purchased, sold or offered for sale.
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1 (2) A registrant selling species of fish shall furnish
2 to the consumer a receipt specifying the date of sale,
3 identification of the registered facility and the amount of
4 species sold by count or weight. The holder of the receipt
5 must display it upon demand to anyone authorized to enforce
6 laws of this Commonwealth. The receipt authorizes sale or
7 possession of the purchased species for a period of 15 days
8 after the date on the receipt. The period of 15 days,
9 however, is inapplicable to [species] fish stocked in
10 regulated fishing areas as well as ornamental[, aquarium and]
11 species, aquarium species and baitfish [species] which may be
12 held by registrants or dealers until disposed.
13 * * *
14 § 4222. Registration for dealers of live aquatic [animals]
15 organisms.
16 (a) Registration for dealing.--A [resident or nonresident
17 who does not propagate live aquatic animal species but deals in
18 those species] dealer shall register with the department. The
19 department may register applicants upon receipt of a written
20 application signed by the applicant and the payment of a $50
21 registration fee. Registration shall expire five years after the
22 initial date of registration and may be renewed upon payment of
23 the fee.
24 (b) Records to be kept.--[Registrants] Dealers shall keep
25 records of all transactions, buying and selling, and shall
26 record the date, amount by count or weight of species of fish,
27 source of species, registration identification and place of
28 sale.
29 (c) Approval.--
30 (1) Distribution by dealers is limited to aquarium
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1 species and those species of fish approved by the department.
2 (2) Transportation of [species of] fish into this
3 Commonwealth is limited to aquarium species and sources of
4 species whose health inspection reports have already been
5 approved by the department. Sources may be preapproved by the
6 department for an entire calendar year. Denials shall be
7 restricted to those sources where diseases are nonendemic to
8 this Commonwealth and for any diseases designated by the
9 department upon recommendation of the advisory committee.
10 (d) Exemption from registration.--Dealers who are registered
11 under section 4220 (relating to registration for artificial
12 propagation) or under Chapter 23 (relating to domestic animals)
13 are exempt from licensure under this section for those species
14 of fish. Compliance with subsection (c) is, however, required.
15 § 4223. Prohibited propagation and penalties.
16 (a) Prohibited propagation.--Except for aquarium species and
17 hobby breeders, artificial propagation of any species of fish is
18 limited to those who have registered under section 4220
19 (relating to registration for artificial propagation).
20 Artificial propagation by anyone, whether or not registered, is
21 limited to those species of fish approved under this chapter,
22 approved by law or approved by regulation of the department.
23 * * *
24 Section 4. This act shall take effect in 60 days.
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