PRINTER'S NO. 580
No. 283 Session of 1997
INTRODUCED BY MADIGAN, DELP, WENGER, THOMPSON, ROBBINS,
STAPLETON, O'PAKE, GERLACH, MUSTO, WHITE, BELAN, KASUNIC,
HOLL AND COSTA, FEBRUARY 28, 1997
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 28, 1997
AN ACT
1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
2 Statutes, adding provisions relating to aquacultural
3 development; imposing powers and duties on the Department of
4 Agriculture; and making repeals.
5 The General Assembly finds and declares as follows:
6 (1) It is the policy of the Commonwealth to conserve,
7 protect and encourage the development and improvement of its
8 agricultural lands for the production of food and other
9 agricultural products.
10 (2) It is also the policy of the Commonwealth that
11 aquaculture is an agricultural activity which adds to the
12 diversity of our food and fiber production system and should
13 be conserved, protected and encouraged to develop and grow
14 within this Commonwealth.
15 (3) Aquacultural production is a vital sector of
16 Pennsylvania's agriculture supplying fresh foodfish,
17 ornamental species and over 70% of the trout stocked in the
18 northeastern United States.
1 (4) Aquaculture has grown globally from 6,600,000 metric
2 tons in 1966 to 15,900,000 metric tons in 1993. Aquaculture
3 will continue to grow to contribute further to the
4 Commonwealth's economy insofar as Pennsylvania is an industry
5 leader and aquaculturally friendly.
6 (5) It is the policy of the Commonwealth that all levels
7 of government work together under the leadership of the
8 Department of Agriculture to create an atmosphere conducive
9 to the further development and expansion of our aquacultural
10 industry.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Part VI heading of Title 3 of the Pennsylvania
14 Consolidated Statutes is amended and the part is amended by
15 adding a chapter to read:
16 PART VI
17 DEVELOPMENT, MARKETING
18 AND PROMOTION [(Reserved)]
19 CHAPTER 42
20 AQUACULTURAL DEVELOPMENT
21 Subchapter
22 A. General Provisions
23 B. Aquacultural Development
24 SUBCHAPTER A
25 GENERAL PROVISIONS
26 Sec.
27 4201. Short title of chapter.
28 4202. Purpose.
29 4203. Definitions.
30 § 4201. Short title of chapter.
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1 This chapter shall be known and may be cited as the
2 Aquacultural Development Law.
3 § 4202. Purpose.
4 The purposes of this chapter are as follows:
5 (1) To encourage aquacultural operators to make a long-
6 term commitment to aquaculture by offering them the same
7 protections afforded other agricultural practices.
8 (2) To reduce the amount of governmental agencies with
9 jurisdiction over aquaculture by transferring authority over
10 commercial aquacultural operations to the Department of
11 Agriculture.
12 (3) To encourage further development of the aquacultural
13 industry by including aquaculture in any and all promotional
14 and other economic developmental programs which are made
15 available to other industry sectors.
16 § 4203. Definitions.
17 The following words and phrases when used in this chapter
18 shall have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Account." The Aquaculture Development Account.
21 "Advisory committee." The Aquaculture Advisory Committee in
22 the Department of Agriculture.
23 "Aquaculture." A form of agriculture which is the controlled
24 cultivation of aquatic plants, animals and microorganisms.
25 "Aquarium species." Any aquatic species which may not be
26 propagated in open air facilities within this Commonwealth under
27 normal circumstances and are primarily kept indoors in glass
28 aquariums for their aesthetic value.
29 "Aquatic organism." Any plant or animal that grows or lives
30 in or upon the water.
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1 "Artificial propagation." Rearing any species of fish during
2 any stage of the species' life cycle from inception by natural
3 or artificial means to the adult stage of the species.
4 "Baitfish." The following fish, unless otherwise provided by
5 departmental regulation:
6 (1) All forms of the minnow family (Cyprinidae) except
7 carp and goldfish.
8 (2) Suckers, chubs, fallfish, lampreys and eels
9 measuring less than eight inches in length.
10 (3) All forms of darters, killifish and madtoms
11 (otherwise known as stonecats).
12 "Commission." The Pennsylvania Fish and Boat Commission.
13 "Department." The Department of Agriculture of the
14 Commonwealth.
15 "Finfish." True fish which are any number of strictly
16 aquatic craniate vertebrates that include the teleosts,
17 elasmobranches and cyclostomes. These fish typically have an
18 elongated, spindle-shaped body terminating in a caudal fin.
19 "Fish." When used as a noun, the term includes all game
20 fish, fish bait, bait fish, amphibians, reptiles and aquatic
21 organisms.
22 "Hobby breeder." Any person who keeps and propagates aquatic
23 animals on a small scale. A small scale is gross annual sales of
24 less than $1,000.
25 "Ornamental species." Any aquatic organism kept primarily
26 for its aesthetic value which can be propagated in open-air
27 facilities within this Commonwealth under normal circumstances.
28 "Secretary." The Secretary of Agriculture of the
29 Commonwealth.
30 "Watershed." One of the five major watersheds located within
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1 this Commonwealth:
2 (1) Lake Erie.
3 (2) Ohio.
4 (3) Delaware.
5 (4) Susquehanna.
6 (5) Potomac.
7 Smaller watersheds not considered as part of these five shall be
8 identified by the Pennsylvania Fish and Boat Commission as
9 annexes to one of the five listed.
10 "Wild and feral animal." Any animal not held in captivity or
11 escaped from captivity without recapture for a period longer
12 than six months.
13 SUBCHAPTER B
14 AQUACULTURAL DEVELOPMENT
15 Sec.
16 4211. Designation of aquaculture as agriculture.
17 4212. Wetlands.
18 4213. Requirements for discharge of water.
19 4214. Aquacultural marketing programs.
20 4215. Aquacultural plan.
21 4216. Aquaculture Advisory Committee.
22 4217. Biennial survey of aquaculture.
23 4218. Aquaculture Development Account.
24 4219. Permissible propagation.
25 4220. Registration for artificial propagation.
26 4221. Activities under registration for artificial propagation.
27 4222. Registration for dealers of live aquatic animals.
28 4223. Prohibited propagation and penalties.
29 § 4211. Designation of aquaculture as agriculture.
30 Aquaculture is hereby designated as an agricultural practice
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1 within this Commonwealth for all purposes. This designation
2 shall be recognized by all agencies of State and local
3 government.
4 § 4212. Wetlands.
5 Aquacultural facilities licensed pursuant to this chapter are
6 not wetlands under 25 Pa. Code Ch. 105 Subch. A (relating to
7 general provisions) so long as such facilities were created and
8 have been continuously operating for any purpose, including
9 effluent mitigation, prior to September 23, 1985. Facilities
10 created on or after September 23, 1985, are not wetlands under
11 any statute or regulation of this Commonwealth so long as the
12 facilities are or were not created nor are currently maintained
13 on wetlands. Normal maintenance and improvements on facilities
14 created prior to September 23, 1985, are permissible
15 notwithstanding any statutory provision relating to wetlands.
16 Permits issued by the Commonwealth for normal maintenance and
17 improvements of facilities created prior to September 23, 1985,
18 are not required.
19 § 4213. Requirements for discharge of water.
20 (a) General permit.--Except as provided in subsection (b),
21 aquacultural facilities, including those existing facilities
22 which discharge into high quality or exceptional value waters,
23 licensed under this chapter may be eligible for inclusion under
24 a National Pollutant Discharge Elimination System (NPDES)
25 general permit issued pursuant to regulations of the Department
26 of Environmental Protection.
27 (b) Permitting system.--The Department of Environmental
28 Protection is directed to develop an NPDES general permit for
29 aquacultural facilities. Net effluent limitation, monitoring
30 type and frequency of pollutants shall be determined in
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1 consultation with the Department of Agriculture and the advisory
2 committee. The fee for an applicant seeking coverage to
3 discharge pursuant to the terms and conditions of the general
4 permit shall not exceed $100 per facility during a period of
5 five years.
6 (c) Consolidation of permitting.--All agencies of the
7 Commonwealth are directed to work with the Department of
8 Environmental Protection to develop a consolidated permitting
9 process for aquacultural facilities. This consolidated
10 permitting process shall result in one permit to replace
11 potentially several permits necessary for an applicant to file.
12 This consolidated permitting process shall be developed and
13 implemented on or before January 1, 1999.
14 § 4214. Aquacultural marketing programs.
15 The department may develop voluntary aquacultural marketing
16 programs. The department may request nominal payment by
17 participants to cover costs of these programs.
18 § 4215. Aquacultural plan.
19 (a) Development of plan.--The department shall develop a
20 plan to promote and develop aquacultural industry in this
21 Commonwealth. Economic development and exportation of products
22 from this Commonwealth shall be components of this plan. The
23 advisory committee shall advise the department in development of
24 the plan. The department must obtain the consent of the advisory
25 committee for the plan.
26 (b) Implementation of plan.--The department shall, in the
27 manner provided by law, promulgate the plan as regulations of
28 the department.
29 § 4216. Aquaculture Advisory Committee.
30 (a) Establishment and composition.--The Aquaculture Advisory
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1 Committee is hereby established as a departmental advisory board
2 within the department. The advisory committee shall consist of
3 21 members of whom the following 12 shall be members ex officio:
4 (1) The Secretary of Agriculture.
5 (2) The Secretary of Environmental Protection.
6 (3) The Secretary of Community and Economic Development.
7 (4) The Executive Director of the Pennsylvania Fish and
8 Boat Commission.
9 (5) The chairman of the Agriculture and Rural Affairs
10 Committee of the Senate.
11 (6) The minority chairman of the Agriculture and Rural
12 Affairs Committee of the Senate.
13 (7) The chairman of the Game and Fisheries Committee of
14 the Senate.
15 (8) The minority chairman of the Game and Fisheries
16 Committee of the Senate.
17 (9) The chairman of the Agriculture and Rural Affairs
18 Committee of the House of Representatives.
19 (10) The minority chairman of the Agriculture and Rural
20 Affairs Committee of the House of Representatives.
21 (11) The chairman of the Game and Fisheries Committee of
22 the House of Representatives.
23 (12) The minority chairman of the Game and Fisheries
24 Committee of the House of Representatives.
25 Ex officio members may designate a substitute for membership. Ex
26 officio members cast votes at committee meetings.
27 (b) Appointments by secretary.--The remaining nine members
28 are appointed by the secretary. Three of his appointees must be
29 active, resident cold or cool water aquacultural producers. One
30 of his appointees must be an active, resident warm water
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1 aquacultural producer. One of his appointees must be an active,
2 resident indoor aquacultural producer. One of his appointees
3 must be an active, resident servicer or supplier to the
4 aquacultural industry. One of his appointees must be an active,
5 resident aquacultural wholesaler, food broker or food merchant.
6 One of his appointees must be an active, resident aquarium or
7 ornamental species aquacultural merchant. The remaining
8 appointee must be a representative of recreational sport
9 fishing.
10 (c) Tenure and convention.--All appointed members shall
11 serve terms of three years. Ex officio members and their
12 designees shall serve so long as the official who is a member or
13 who designated another to serve as a member retains his official
14 position. The advisory committee shall convene at the discretion
15 of the secretary or his designee, who shall serve as chairman of
16 the committee.
17 (d) Function of committee.--The advisory committee shall
18 draft and submit an aquacultural plan to the secretary on or
19 before December 31, 1997. The focus of the plan shall be
20 economic development to include recommendations for regulations
21 necessary to foster development of aquaculture. The advisory
22 committee shall also advise the secretary on matters relating to
23 aquacultural production and development.
24 § 4217. Biennial survey of aquaculture.
25 The department shall cooperate with the Pennsylvania
26 Agricultural Statistics Service to compile biennially a survey
27 of this Commonwealth's aquacultural industry. Persons licensed
28 under sections 4220 (relating to registration for artificial
29 propagation) and 4222 (relating to registration for dealers of
30 live aquatic animals) whose businesses involve the sale of fish
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1 shall submit annually at the conclusion of each calendar year a
2 summary report of sales specifying the amount or weight of each
3 species sold and gross receipts. The contents shall be used by
4 the department solely for statistics. The individual summary
5 reports are not public records and shall not be made public
6 without written consent of the party submitting that report.
7 § 4218. Aquaculture Development Account.
8 (a) Establishment of account.--There is hereby established a
9 separate account in the State Treasury to be known as the
10 Aquaculture Development Account. Moneys in this account shall be
11 used to stimulate the growth of the aquacultural industry in
12 this Commonwealth.
13 (b) Sources of funds.--Except for fees generated pursuant to
14 section 4213 (relating to requirements for discharge of water),
15 all fees and charges generated under this chapter shall be
16 deposited in the account.
17 (c) Use of funds.--Up to 10% of the annual income of the
18 account may be available for aquacultural research. The
19 remainder may be used for administration of aquacultural
20 programs, provision of low-interest loans to aquacultural
21 producers for development, expansion and modernization of
22 facilities and the survey in section 4217 (relating to biennial
23 survey of aquaculture).
24 § 4219. Permissible propagation.
25 (a) Species.--The commission shall determine which species
26 of fish are allowed to be propagated in each watershed. On or
27 before January 31 of each year, the commission shall supply the
28 department a current list of species approved for propagation
29 and the conditions under which each species may be cultured. As
30 the commission approves a new species for propagation throughout
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1 the year, it shall notify the department of the species and
2 watersheds. Except triploid and other nonreproducing forms,
3 species may be propagated in the same watersheds within which
4 they are allowed to be stocked.
5 (b) Initial list of approved species.--Except for those
6 species of fish allowed for stocking only in a triploid or other
7 nonreproducing form, the initial list of approved species shall
8 include all species approved for artificial propagation or
9 stocking by watershed as listed by the commission on January 1,
10 1995. Requirements for special conditions to culture certain
11 species will be retained until modified. The initial list shall
12 be submitted to the department within 60 days of the effective
13 date of this chapter.
14 (c) Closed systems.--Special regulations shall be
15 promulgated regarding the cultural methods for species of fish
16 allowed to be propagated in systems which do not discharge water
17 into waters of this Commonwealth. Systems whose discharge of
18 water is rendered incapable of containing self-perpetuating
19 living organisms may be registered for any species of fish with
20 approval by the department.
21 § 4220. Registration for artificial propagation.
22 (a) Application.--Application to register for artificial
23 propagation shall be made on forms, prepared by the department,
24 which relate to the size, character and purpose of the facility
25 to be used for propagation. The species of fish to be propagated
26 and each separate propagation facility as well as any other
27 information required by the department shall also be indicated
28 on the forms.
29 (b) Registration.--The department may register applicants
30 for artificial propagation upon receipt of a written application
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1 signed by the applicant after the applicant has paid a fee of
2 $150 to the department. Registration allows the registered
3 operator to propagate all approved species of fish. The
4 department shall establish a system to provide unique
5 identification to a facility for the duration of that facility's
6 continuous, commercial existence. A registration expires five
7 years after the initial date of registration. A registration may
8 be renewed for an additional five-year period upon payment of
9 the fee.
10 § 4221. Activities under registration for artificial
11 propagation.
12 (a) Sale of certain species.--
13 (1) Only species of fish approved for propagation and
14 stocking under section 4219 (relating to permissible
15 propagation) taken from waters wholly within this
16 Commonwealth or legally taken in waters outside of this
17 Commonwealth and received in interstate commerce are
18 permitted to be purchased, sold or offered for sale.
19 (2) A registrant selling species of fish shall furnish
20 to the consumer a receipt specifying the date of sale,
21 identification of the registered facility and the amount of
22 species sold by count or weight. The holder of the receipt
23 must display it upon demand to anyone authorized to enforce
24 laws of this Commonwealth. The receipt authorizes sale or
25 possession of the purchased species for a period of 15 days
26 after the date on the receipt. The period of 15 days,
27 however, is inapplicable to species stocked in regulated
28 fishing areas as well as ornamental, aquarium and baitfish
29 species which may be held by dealers until disposed.
30 (b) Water obstruction.--A person registered under section
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1 4220 (relating to registration for artificial propagation) must
2 obtain prior, written approval from the Department of
3 Environmental Protection to erect or place a dam, pond or other
4 device which will prevent the free migration of finfish. This
5 subsection permits dams, ponds and other devices erected prior
6 to January 1, 1980, and used continuously since then to be
7 maintained.
8 (c) Authorized activities by registrants.--Registration
9 under section 4220 authorizes the registrant to:
10 (1) carry on the business of propagation and sale of
11 species of fish and eggs thereof which are specified in the
12 registration;
13 (2) catch and kill the specified species of fish in the
14 specified facility or facilities in the registration by any
15 means except explosives or poison; and
16 (3) sell, transport or dispose of species of fish and
17 eggs thereof which are specified in the registration. Public
18 transportation companies are authorized to receive and
19 transport species and eggs.
20 (d) Unauthorized activities by registrants.--
21 (1) Registration under section 4220 does not authorize
22 registrants to catch species of fish out of natural streams
23 flowing over property of a registrant nor from other waters
24 within this Commonwealth. Transportation of species neither
25 cultivated nor purchased by the registrant is also
26 unauthorized.
27 (2) Species of fish or eggs thereof taken from waters
28 within this Commonwealth unoccupied, unowned or uncontrolled
29 by a registrant and uncovered by his registration shall
30 neither be stocked nor maintained in any manner. This
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1 paragraph, however, allows the exchange of eggs or the fry of
2 any species with the department and the commission.
3 § 4222. Registration for dealers of live aquatic animals.
4 (a) Registration for dealing.--A resident or nonresident who
5 does not propagate live aquatic animal and live baitfish
6 species, but deals in those species, shall register with the
7 department. The department may register applicants upon receipt
8 of a written application signed by the applicant and the payment
9 of a $50 registration fee. Registration expires five years after
10 the initial date of registration and may be renewed upon payment
11 of the fee.
12 (b) Records to be kept.--Registrants shall keep records of
13 all transactions, buying and selling, and shall record the date,
14 amount by count or weight of species of fish, source of species,
15 registration identification and place of sale.
16 (c) Approval.--
17 (1) Distribution by dealers is limited to those species
18 of fish approved by the department.
19 (2) Transportation of species of fish into this
20 Commonwealth is limited to sources of species whose health
21 inspection reports have already been approved by the
22 department. Sources may be preapproved by the department for
23 an entire calendar year. Denials shall be restricted to those
24 sources where diseases are nonendemic to this Commonwealth
25 and for any diseases designated by the department upon
26 recommendation of the advisory committee.
27 (d) Exemption from registration.--Dealers who are registered
28 under section 4220 (relating to registration for artificial
29 propagation) are exempt from licensure under this section for
30 those species of fish. Compliance with subsection (c), is,
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1 however, required.
2 § 4223. Prohibited propagation and penalties.
3 (a) Prohibited propagation.--Except for hobby breeders,
4 artificial propagation of any species of fish is limited to
5 those who have registered under section 4220 (relating to
6 registration for artificial propagation). Artificial propagation
7 by anyone whether or not registered is limited to those species
8 approved under this chapter by law or by regulation of the
9 department.
10 (b) Penalties.--Any person who sells, offers to sell or
11 purchases fish with a market value or sale price of $50 or more
12 in violation section 4221(a)(1) (relating to activities under
13 registration for artificial propagation) commits a misdemeanor
14 of the third degree. Any other violation of this subchapter as
15 well as a violation of section 4221(a)(1) where the market value
16 or sale price is not shown or is less than $50 is a summary
17 offense of the first degree, as described in 30 Pa.C.S. § 923
18 (relating to classification of offenses and penalties).
19 Section 2. The Department of Agriculture is directed to
20 analyze needs for aquacultural research to determine the
21 desirability and feasibility of acquiring via a public or
22 private consortium one or both of the Federal fish research
23 stations located within this Commonwealth should either or both
24 of the stations become available.
25 Section 3. (a) The provisions of 30 Pa.C.S. Ch. 33 are
26 repealed.
27 (b) All other acts and parts of acts are repealed insofar as
28 they are inconsistent with this act.
29 Section 4. This act shall take effect in 60 days.
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