PRIOR PRINTER'S NO. 580 PRINTER'S NO. 1115
No. 283 Session of 1997
INTRODUCED BY MADIGAN, DELP, WENGER, THOMPSON, ROBBINS, STAPLETON, O'PAKE, GERLACH, MUSTO, WHITE, BELAN, KASUNIC, HOLL, COSTA, RHOADES AND SLOCUM, FEBRUARY 28, 1997
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 2, 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. 19970S0283B1115 - 2 -
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. 19970S0283B1115 - 3 -
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 19970S0283B1115 - 4 -
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 19970S0283B1115 - 5 -
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 19970S0283B1115 - 6 -
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 19970S0283B1115 - 7 -
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 19970S0283B1115 - 8 -
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 19970S0283B1115 - 9 -
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 (C) USE OF FUNDS.--MONEYS IN THE ACCOUNT SHALL BE USED FOR <-- 25 ADMINISTRATION OF AQUACULTURE PROGRAMS IN THE DEPARTMENT, 26 INCLUDING THE BIENNIAL SURVEY OF AQUACULTURE IN SECTION 4217 27 (RELATING TO BIENNIAL SURVEY OF AQUACULTURE). UP TO 10% OF THE 28 MONEYS DEPOSITED IN THE ACCOUNT ON A FISCAL YEAR BASIS MAY BE 29 AVAILABLE FOR AQUACULTURE RESEARCH. AFTER ADMINISTRATIVE COSTS 30 ARE COVERED, THE REMAINDER OF THE ACCOUNT MAY BE USED TO PROVIDE 19970S0283B1115 - 10 -
1 LOW-INTEREST LOANS TO AQUACULTURAL PRODUCERS FOR DEVELOPMENT, 2 EXPANSION AND MODERNIZATION OF FACILITIES. 3 § 4219. Permissible propagation. 4 (a) Species.--The commission shall determine which species 5 of fish are allowed to be propagated in each watershed. On or 6 before January 31 of each year, the commission shall supply the 7 department a current list of species approved for propagation 8 and the conditions under which each species may be cultured. As 9 the commission approves a new species for propagation throughout 10 the year, it shall notify the department of the species and 11 watersheds. Except triploid and other nonreproducing forms, 12 species may be propagated in the same watersheds within which 13 they are allowed to be stocked. 14 (b) Initial list of approved species.--Except for those 15 species of fish allowed for stocking only in a triploid or other 16 nonreproducing form, the initial list of approved species shall 17 include all species approved for artificial propagation or 18 stocking by watershed as listed by the commission on January 1, 19 1995. Requirements for special conditions to culture certain 20 species will be retained until modified. The initial list shall 21 be submitted to the department within 60 days of the effective 22 date of this chapter. 23 (c) Closed systems.--Special regulations shall be 24 promulgated regarding the cultural methods for species of fish 25 allowed to be propagated in systems which do not discharge water 26 into waters of this Commonwealth. Systems whose discharge of 27 water is rendered incapable of containing self-perpetuating 28 living organisms may be registered for any species of fish with 29 approval by the department. 30 § 4220. Registration for artificial propagation. 19970S0283B1115 - 11 -
1 (a) Application.--Application to register for artificial 2 propagation shall be made on forms, prepared by the department, 3 which relate to the size, character and purpose of the facility 4 to be used for propagation. The species of fish to be propagated 5 and each separate propagation facility as well as any other 6 information required by the department shall also be indicated 7 on the forms. 8 (b) Registration.--The department may register applicants 9 for artificial propagation upon receipt of a written application 10 signed by the applicant after the applicant has paid a fee of 11 $150 to the department. Registration allows the registered 12 operator to propagate all approved species of fish. The 13 department shall establish a system to provide unique 14 identification to a facility for the duration of that facility's 15 continuous, commercial existence. A registration expires five 16 years after the initial date of registration. A registration may 17 be renewed for an additional five-year period upon payment of 18 the fee. 19 § 4221. Activities under registration for artificial 20 propagation. 21 (a) Sale of certain species.-- 22 (1) Only species of fish approved for propagation and 23 stocking under section 4219 (relating to permissible 24 propagation) taken from waters wholly within this 25 Commonwealth or legally taken in waters outside of this 26 Commonwealth and received in interstate commerce are 27 permitted to be purchased, sold or offered for sale. 28 (2) A registrant selling species of fish shall furnish 29 to the consumer a receipt specifying the date of sale, 30 identification of the registered facility and the amount of 19970S0283B1115 - 12 -
1 species sold by count or weight. The holder of the receipt 2 must display it upon demand to anyone authorized to enforce 3 laws of this Commonwealth. The receipt authorizes sale or 4 possession of the purchased species for a period of 15 days 5 after the date on the receipt. The period of 15 days, 6 however, is inapplicable to species stocked in regulated 7 fishing areas as well as ornamental, aquarium and baitfish 8 species which may be held by dealers until disposed. 9 (b) Water obstruction.--A person registered under section 10 4220 (relating to registration for artificial propagation) must 11 obtain prior, written approval from the Department of 12 Environmental Protection to erect or place a dam, pond or other 13 device which will prevent the free migration of finfish. This 14 subsection permits dams, ponds and other devices erected prior 15 to January 1, 1980, and used continuously since then to be 16 maintained. 17 (c) Authorized activities by registrants.--Registration 18 under section 4220 authorizes the registrant to: 19 (1) carry on the business of propagation and sale of 20 species of fish and eggs thereof which are specified in the 21 registration; 22 (2) catch and kill the specified species of fish in the 23 specified facility or facilities in the registration by any 24 means except explosives or poison; and 25 (3) sell, transport or dispose of species of fish and 26 eggs thereof which are specified in the registration. Public 27 transportation companies are authorized to receive and 28 transport species and eggs. 29 (d) Unauthorized activities by registrants.-- 30 (1) Registration under section 4220 does not authorize 19970S0283B1115 - 13 -
1 registrants to catch species of fish out of natural streams 2 flowing over property of a registrant nor from other waters 3 within this Commonwealth. Transportation of species neither 4 cultivated nor purchased by the registrant is also 5 unauthorized. 6 (2) Species of fish or eggs thereof taken from waters 7 within this Commonwealth unoccupied, unowned or uncontrolled 8 by a registrant and uncovered by his registration shall 9 neither be stocked nor maintained in any manner. This 10 paragraph, however, allows the exchange of eggs or the fry of 11 any species with the department and the commission. 12 § 4222. Registration for dealers of live aquatic animals. 13 (a) Registration for dealing.--A resident or nonresident who 14 does not propagate live aquatic animal and live baitfish 15 species, but deals in those species, shall register with the 16 department. The department may register applicants upon receipt 17 of a written application signed by the applicant and the payment 18 of a $50 registration fee. Registration expires five years after 19 the initial date of registration and may be renewed upon payment 20 of the fee. 21 (b) Records to be kept.--Registrants shall keep records of 22 all transactions, buying and selling, and shall record the date, 23 amount by count or weight of species of fish, source of species, 24 registration identification and place of sale. 25 (c) Approval.-- 26 (1) Distribution by dealers is limited to those species 27 of fish approved by the department. 28 (2) Transportation of species of fish into this 29 Commonwealth is limited to sources of species whose health 30 inspection reports have already been approved by the 19970S0283B1115 - 14 -
1 department. Sources may be preapproved by the department for 2 an entire calendar year. Denials shall be restricted to those 3 sources where diseases are nonendemic to this Commonwealth 4 and for any diseases designated by the department upon 5 recommendation of the advisory committee. 6 (d) Exemption from registration.--Dealers who are registered 7 under section 4220 (relating to registration for artificial 8 propagation) are exempt from licensure under this section for 9 those species of fish. Compliance with subsection (c), is, 10 however, required. 11 § 4223. Prohibited propagation and penalties. 12 (a) Prohibited propagation.--Except for hobby breeders, 13 artificial propagation of any species of fish is limited to 14 those who have registered under section 4220 (relating to 15 registration for artificial propagation). Artificial propagation 16 by anyone whether or not registered is limited to those species 17 approved under this chapter by law or by regulation of the 18 department. 19 (b) Penalties.--Any person who sells, offers to sell or 20 purchases fish with a market value or sale price of $50 or more 21 in violation section 4221(a)(1) (relating to activities under 22 registration for artificial propagation) commits a misdemeanor 23 of the third degree. Any other violation of this subchapter as 24 well as a violation of section 4221(a)(1) where the market value 25 or sale price is not shown or is less than $50 is a summary 26 offense of the first degree, as described in 30 Pa.C.S. § 923 27 (relating to classification of offenses and penalties). 28 Section 2. The Department of Agriculture is directed to 29 analyze needs for aquacultural research to determine the 30 desirability and feasibility of acquiring via a public or 19970S0283B1115 - 15 -
1 private consortium one or both of the Federal fish research 2 stations located within this Commonwealth should either or both 3 of the stations become available. 4 Section 3. (a) The provisions of 30 Pa.C.S. Ch. 33 are 5 repealed. 6 (b) All other acts and parts of acts are repealed insofar as 7 they are inconsistent with this act. 8 Section 4. This act shall take effect in 60 days. A6L03DGS/19970S0283B1115 - 16 -