HOUSE AMENDED
PRIOR PRINTER'S NOS. 580, 1115, 2025 PRINTER'S NO. 2060
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
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 1998
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
1 northeastern United States.
2 (4) Aquaculture has grown globally from 6,600,000 metric
3 tons in 1966 to 15,900,000 metric tons in 1993. Aquaculture
4 will continue to grow to contribute further to the
5 Commonwealth's economy insofar as Pennsylvania is an industry
6 leader and aquaculturally friendly.
7 (5) It is the policy of the Commonwealth that all levels
8 of government work together under the leadership of the
9 Department of Agriculture to create an atmosphere conducive
10 to the further development and expansion of our aquacultural
11 industry.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Part VI heading of Title 3 of the Pennsylvania
15 Consolidated Statutes is amended and the part is amended by
16 adding a chapter to read:
17 PART VI
18 DEVELOPMENT, MARKETING
19 AND PROMOTION [(Reserved)]
20 CHAPTER 42
21 AQUACULTURAL DEVELOPMENT
22 Subchapter
23 A. General Provisions
24 B. Aquacultural Development
25 SUBCHAPTER A
26 GENERAL PROVISIONS
27 Sec.
28 4201. Short title of chapter.
29 4202. Purpose.
30 4203. Definitions.
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1 § 4201. Short title of chapter.
2 This chapter shall be known and may be cited as the
3 Aquacultural Development Law.
4 § 4202. Purpose.
5 The purposes of this chapter are as follows:
6 (1) To encourage aquacultural operators to make a long-
7 term commitment to aquaculture by offering them the same
8 protections afforded other agricultural practices.
9 (2) To reduce the amount of governmental agencies with
10 jurisdiction over aquaculture by transferring authority over
11 commercial aquacultural operations to the Department of
12 Agriculture.
13 (3) To encourage further development of the aquacultural
14 industry by including aquaculture in any and all promotional
15 and other economic developmental programs which are made
16 available to other industry sectors.
17 § 4203. Definitions.
18 The following words and phrases when used in this chapter
19 shall have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Account." The Aquaculture Development Account.
22 "Advisory committee." The Aquaculture Advisory Committee in
23 the Department of Agriculture.
24 "Aquaculture." A form of agriculture which is the controlled
25 cultivation of aquatic plants, animals and microorganisms.
26 "Aquarium species." Any aquatic species which may not be
27 propagated in open air facilities within this Commonwealth under
28 normal circumstances and are primarily kept indoors in glass
29 aquariums for their aesthetic value.
30 "Aquatic organism." Any plant or animal that grows or lives
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1 in or upon the water.
2 "Artificial propagation." Rearing any species of fish during
3 any stage of the species' life cycle from inception by natural
4 or artificial means to the adult stage of the species.
5 "Baitfish." The following fish, unless otherwise provided by
6 departmental regulation:
7 (1) All forms of the minnow family (Cyprinidae) except
8 carp and goldfish.
9 (2) Suckers, chubs, fallfish, lampreys and eels
10 measuring less than eight inches in length.
11 (3) All forms of darters, killifish and madtoms
12 (otherwise known as stonecats).
13 "Commission." The Pennsylvania Fish and Boat Commission.
14 "Department." The Department of Agriculture of the
15 Commonwealth.
16 "Finfish." True fish which are any number of strictly
17 aquatic craniate vertebrates that include the teleosts,
18 elasmobranches and cyclostomes. These fish typically have an
19 elongated, spindle-shaped body terminating in a caudal fin.
20 "Fish." When used as a noun, the term includes all game
21 fish, fish bait, bait fish BAITFISH, amphibians, reptiles and <--
22 aquatic organisms.
23 "Hobby breeder." Any person who keeps and propagates aquatic
24 animals on a small scale. A small scale is gross annual sales of
25 less than $1,000.
26 "Ornamental species." Any aquatic organism kept primarily
27 for its aesthetic value which can be propagated in open-air
28 facilities within this Commonwealth under normal circumstances.
29 "Secretary." The Secretary of Agriculture of the
30 Commonwealth.
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1 "Watershed." One of the five major watersheds located within
2 this Commonwealth:
3 (1) Lake Erie.
4 (2) Ohio.
5 (3) Delaware.
6 (4) Susquehanna.
7 (5) Potomac.
8 Smaller watersheds not considered as part of these five shall be
9 identified by the Pennsylvania Fish and Boat Commission as
10 annexes to one of the five listed.
11 "Wild and feral animal." Any animal not held in captivity or <--
12 escaped from captivity without recapture for a period longer
13 than six months.
14 SUBCHAPTER B
15 AQUACULTURAL DEVELOPMENT
16 Sec.
17 4211. Designation of aquaculture as agriculture.
18 4212. Wetlands.
19 4213. Requirements for discharge of water.
20 4214. Aquacultural marketing programs.
21 4215. Aquacultural plan.
22 4216. Aquaculture Advisory Committee.
23 4217. Biennial survey of aquaculture.
24 4218. Aquaculture Development Account.
25 4219. Permissible propagation.
26 4220. Registration for artificial propagation.
27 4221. Activities under registration for artificial propagation.
28 4222. Registration for dealers of live aquatic animals.
29 4223. Prohibited propagation and penalties.
30 § 4211. Designation of aquaculture as agriculture.
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1 Aquaculture is hereby designated as an agricultural practice <--
2 A NORMAL FARMING OPERATION within this Commonwealth for all <--
3 purposes. This designation shall be recognized by all agencies
4 of State and local government.
5 § 4212. Wetlands.
6 Aquacultural facilities licensed pursuant to this chapter are
7 not wetlands under 25 Pa. Code Ch. 105 Subch. A (relating to
8 general provisions) so long as such facilities were created and
9 have been continuously operating for any purpose, including
10 effluent mitigation, prior to September 23, 1985. Facilities
11 created on or after September 23, 1985, are not wetlands under
12 any statute or regulation of this Commonwealth so long as the
13 facilities are or were not created nor are currently maintained
14 on wetlands. Normal maintenance and improvements on facilities
15 created prior to September 23, 1985, are permissible
16 notwithstanding any statutory provision relating to wetlands.
17 Permits issued by the Commonwealth for normal maintenance and
18 improvements of facilities created prior to September 23, 1985,
19 are not required.
20 § 4213. Requirements for discharge of water.
21 (a) General permit.--Except as provided in subsection (b),
22 aquacultural facilities, including those existing facilities
23 which discharge into high quality or exceptional value waters,
24 licensed under this chapter may be eligible for inclusion under
25 a National Pollutant Discharge Elimination System (NPDES)
26 general permit issued pursuant to regulations of the Department
27 of Environmental Protection.
28 (b) Permitting system.--The Department of Environmental
29 Protection is directed to develop an NPDES general permit for
30 aquacultural facilities. Net effluent limitation, monitoring
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1 type and frequency of pollutants shall be determined in
2 consultation with the Department of Agriculture and the advisory
3 committee. The fee for an applicant seeking coverage to
4 discharge pursuant to the terms and conditions of the general
5 permit shall not exceed $100 per facility during a period of
6 five years.
7 (c) Consolidation of permitting.--All agencies of the
8 Commonwealth are directed to work with the Department of
9 Environmental Protection to develop a consolidated permitting
10 process for aquacultural facilities. This consolidated
11 permitting process shall result in one permit to replace
12 potentially several permits necessary for an applicant to file.
13 This consolidated permitting process shall be developed and
14 implemented on or before January 1, 1999 2000. <--
15 § 4214. Aquacultural marketing programs.
16 The department may develop voluntary aquacultural marketing
17 programs. The department may request nominal payment by
18 participants to cover costs of these programs.
19 § 4215. Aquacultural plan.
20 (a) Development of plan.--The department shall develop a
21 plan to promote and develop aquacultural industry in this
22 Commonwealth. Economic development and exportation of products
23 from this Commonwealth shall be components of this plan. The
24 advisory committee shall advise the department in development of
25 the plan. The department must obtain the consent of the advisory
26 committee for the plan.
27 (b) Implementation of plan.--The department shall, in the
28 manner provided by law, promulgate the plan as regulations of
29 the department.
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 members of whom the following 12 shall be members ex officio:
5 (1) The Secretary of Agriculture SECRETARY. <--
6 (2) The Secretary of Environmental Protection.
7 (3) The Secretary of Community and Economic Development.
8 (4) The Executive Director of the Pennsylvania Fish and
9 Boat Commission.
10 (5) The chairman AND MINORITY CHAIRMAN of the <--
11 Agriculture and Rural Affairs Committee of the Senate.
12 (6) The CHAIRMAN AND minority chairman of the <--
13 Agriculture and Rural Affairs Committee of the Senate HOUSE <--
14 OF REPRESENTATIVES.
15 (7) The chairman AND MINORITY CHAIRMAN of the Game and <--
16 Fisheries Committee of the Senate.
17 (8) The CHAIRMAN AND minority chairman of the Game and <--
18 Fisheries Committee of the Senate HOUSE OF REPRESENTATIVES. <--
19 (9) The chairman of the Agriculture and Rural Affairs <--
20 Committee of the House of Representatives.
21 (10) The minority chairman of the Agriculture and Rural
22 Affairs Committee of the House of Representatives.
23 (11) The chairman of the Game and Fisheries Committee of
24 the House of Representatives.
25 (12) The minority chairman of the Game and Fisheries
26 Committee of the House of Representatives.
27 Ex officio members may designate a substitute for membership. Ex
28 officio members cast votes at committee meetings.
29 (b) Appointments by secretary.--The remaining nine members
30 are appointed by the secretary. Three of his appointees must be <--
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1 active, resident cold or cool water aquacultural producers. One
2 of his appointees must be an active, resident warm water
3 aquacultural producer. One of his appointees must be an active,
4 resident indoor aquacultural producer. One of his appointees
5 must be an active, resident servicer or supplier to the
6 aquacultural industry. One of his appointees must be an active,
7 resident aquacultural wholesaler, food broker or food merchant.
8 One of his appointees must be an active, resident aquarium or
9 ornamental species aquacultural merchant. The remaining
10 appointee must be a representative of recreational sport
11 fishing.
12 SHALL BE APPOINTED BY THE SECRETARY AS FOLLOWS: <--
13 (1) THREE APPOINTEES MUST BE ACTIVE, RESIDENT COLD OR
14 COOL WATER AQUACULTURE PRODUCERS.
15 (2) ONE APPOINTEE MUST BE AN ACTIVE, RESIDENT WARM WATER
16 AQUACULTURE PRODUCER.
17 (3) ONE APPOINTEE MUST BE AN ACTIVE, RESIDENT INDOOR
18 AQUACULTURE PRODUCER.
19 (4) ONE APPOINTEE MUST BE AN ACTIVE, RESIDENT SERVICER
20 OR SUPPLIER TO THE AQUACULTURE INDUSTRY.
21 (5) ONE APPOINTEE MUST BE AN ACTIVE, RESIDENT
22 AQUACULTURAL WHOLESALER, FOOD BROKER OR FOOD MERCHANT.
23 (6) ONE APPOINTEE MUST BE AN ACTIVE, RESIDENT AQUARIUM
24 OR ORNAMENTAL SPECIES AQUACULTURAL MERCHANT.
25 (7) ONE APPOINTEE MUST BE A REPRESENTATIVE OF
26 RECREATIONAL SPORT FISHING.
27 (c) Tenure and convention.--All appointed members shall
28 serve terms of three years. Ex officio members and their <--
29 designees shall serve so long as the official who is a member or <--
30 who designated another to serve as a member retains his
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1 CONTINUES TO SERVE IN AN official position. The advisory <--
2 committee shall convene at the discretion of the secretary or
3 his designee, who shall serve as chairman of the committee.
4 (d) Function RESPONSIBILITY of committee.--The advisory <--
5 committee shall draft and submit an aquacultural plan to the
6 secretary on or before December 31, 1997 1999. The focus of the <--
7 plan shall be economic development to include recommendations
8 for regulations necessary to foster development of aquaculture.
9 The advisory committee shall also advise the secretary on
10 matters relating to aquacultural production and development.
11 § 4217. Biennial survey of aquaculture.
12 The department shall cooperate with the Pennsylvania
13 Agricultural Statistics Service to compile biennially a survey
14 of this Commonwealth's aquacultural industry. Persons licensed
15 under sections 4220 (relating to registration for artificial
16 propagation) and 4222 (relating to registration for dealers of
17 live aquatic animals) whose businesses involve the sale of fish
18 shall submit annually at the conclusion of each calendar year a
19 summary report of sales specifying the amount or weight of each
20 species sold and gross receipts. The contents shall be used by
21 the department solely for statistics. The individual summary
22 reports are not public records and shall not be made public
23 without written consent of the party submitting that report.
24 § 4218. Aquaculture Development Account.
25 (a) Establishment of account.--There is hereby established a
26 separate account in the State Treasury to be known as the
27 Aquaculture Development Account. Moneys in this account shall be
28 used to stimulate the growth of the aquacultural industry in
29 this Commonwealth.
30 (b) Sources of funds.--Except for fees generated pursuant to
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1 section 4213 (relating to requirements for discharge of water),
2 all fees and charges generated under this chapter shall be
3 deposited in the account.
4 (c) Use of funds.--Moneys in the account shall be used for
5 administration of aquaculture programs in the department,
6 including the biennial survey of aquaculture in section 4217
7 (relating to biennial survey of aquaculture). Up to 10% of the
8 moneys deposited in the account on a fiscal year basis may be
9 available for aquaculture research. After administrative costs
10 are covered, the remainder of the account may be used to provide
11 low-interest loans to aquacultural producers for development,
12 expansion and modernization of facilities.
13 § 4219. Permissible propagation.
14 (a) Species.--The commission shall determine which species
15 of fish are allowed to be propagated in each watershed. On or
16 before January 31 of each year, the commission shall supply the
17 department a current list of species approved for propagation
18 and the conditions under which each species may be cultured. As
19 the commission approves a new species for propagation throughout
20 the year, it shall notify the department of the species and
21 watersheds. Except triploid and other nonreproducing forms,
22 species may be propagated in the same watersheds within which
23 they are allowed to be stocked.
24 (b) Initial list of approved species.--Except for those
25 species of fish allowed for stocking only in a triploid or other
26 nonreproducing form, the initial list of approved species shall
27 include all species approved for artificial propagation or
28 stocking by watershed as listed by the commission on January 1,
29 1995. Requirements for special conditions to culture certain
30 species will be retained until modified. The initial list shall
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1 be submitted to the department within 60 days of the effective
2 date of this chapter.
3 (c) Closed systems.--Special regulations shall be
4 promulgated regarding the cultural methods for species of fish
5 allowed to be propagated in systems which do not discharge water
6 into waters of this Commonwealth. Systems whose discharge of
7 water is rendered incapable of containing self-perpetuating
8 living organisms may be registered for any species of fish with
9 approval by the department.
10 § 4220. Registration for artificial propagation.
11 (a) Application.--Application to register for artificial
12 propagation shall be made on forms, prepared by the department,
13 which relate to the size, character and purpose of the facility
14 to be used for propagation. The species of fish to be propagated
15 and each separate propagation facility as well as any other
16 information required by the department shall also be indicated
17 on the forms.
18 (b) Registration AND FEES.--The department may register <--
19 applicants for artificial propagation upon receipt of a written
20 application signed by the applicant after the applicant has paid
21 a fee of $150 to the department. Registration allows the
22 registered operator to propagate all approved species of fish.
23 The department shall establish a system to provide unique
24 identification to a facility for the duration of that facility's
25 continuous, commercial existence. A registration expires SHALL <--
26 EXPIRE five years after the initial date of registration. A
27 registration may be renewed for an additional five-year period
28 upon payment of the fee.
29 § 4221. Activities under registration for artificial
30 propagation.
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1 (a) Sale of certain species.--
2 (1) Only species of fish approved for propagation and
3 stocking under section 4219 (relating to permissible
4 propagation) taken from waters wholly within this
5 Commonwealth or legally taken in waters outside of this
6 Commonwealth and received in interstate commerce are
7 permitted to be purchased, sold or offered for sale.
8 (2) A registrant selling species of fish shall furnish
9 to the consumer a receipt specifying the date of sale,
10 identification of the registered facility and the amount of
11 species sold by count or weight. The holder of the receipt
12 must display it upon demand to anyone authorized to enforce
13 laws of this Commonwealth. The receipt authorizes sale or
14 possession of the purchased species for a period of 15 days
15 after the date on the receipt. The period of 15 days,
16 however, is inapplicable to species stocked in regulated
17 fishing areas as well as ornamental, aquarium and baitfish
18 species which may be held by dealers until disposed.
19 (b) Water obstruction.--A person registered under section
20 4220 (relating to registration for artificial propagation) must
21 obtain prior, written approval from the Department of
22 Environmental Protection to erect or place a dam, pond or other
23 device which will prevent the free migration of finfish. This
24 subsection permits dams, ponds and other devices erected prior
25 to January 1, 1980, and used continuously since then, to be <--
26 maintained.
27 (c) Authorized activities by registrants.--Registration
28 under section 4220 authorizes the registrant to:
29 (1) carry on the business of propagation and sale of
30 species of fish and eggs thereof which are specified in the
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1 registration;
2 (2) catch and kill the specified species of fish in the
3 specified facility or facilities in the registration by any
4 means except explosives or poison; and
5 (3) sell, transport or dispose of species of fish and
6 eggs thereof which are specified in the registration. Public
7 transportation companies are authorized to receive and
8 transport species and eggs.
9 (d) Unauthorized activities by registrants.--
10 (1) Registration under section 4220 does not authorize
11 registrants to catch species of fish out of natural streams
12 flowing over property of a registrant nor from other waters
13 within this Commonwealth. Transportation of species OF FISH <--
14 neither cultivated nor purchased by the registrant is also <--
15 unauthorized. NOT PERMITTED. <--
16 (2) Species of fish or eggs thereof taken from waters
17 within this Commonwealth unoccupied, unowned or uncontrolled
18 by a registrant and uncovered by his registration shall
19 neither be stocked nor maintained in any manner. This
20 paragraph, however, allows the exchange of eggs or the fry of
21 any species OF FISH with the department and the commission. <--
22 § 4222. Registration for dealers of live aquatic animals.
23 (a) Registration for dealing.--A resident or nonresident who
24 does not propagate live aquatic animal and live baitfish <--
25 species, but deals in those species, shall register with the
26 department. The department may register applicants upon receipt
27 of a written application signed by the applicant and the payment
28 of a $50 registration fee. Registration expires SHALL EXPIRE <--
29 five years after the initial date of registration and may be
30 renewed upon payment of the fee.
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1 (b) Records to be kept.--Registrants shall keep records of
2 all transactions, buying and selling, and shall record the date,
3 amount by count or weight of species of fish, source of species,
4 registration identification and place of sale.
5 (c) Approval.--
6 (1) Distribution by dealers is limited to those species
7 of fish approved by the department.
8 (2) Transportation of species of fish into this
9 Commonwealth is limited to sources of species whose health
10 inspection reports have already been approved by the
11 department. Sources may be preapproved by the department for
12 an entire calendar year. Denials shall be restricted to those
13 sources where diseases are nonendemic to this Commonwealth
14 and for any diseases designated by the department upon
15 recommendation of the advisory committee.
16 (d) Exemption from registration.--Dealers who are registered
17 under section 4220 (relating to registration for artificial
18 propagation) are exempt from licensure under this section for
19 those species of fish. Compliance with subsection (c), is,
20 however, required.
21 § 4223. Prohibited propagation and penalties.
22 (a) Prohibited propagation.--Except for hobby breeders,
23 artificial propagation of any species of fish is limited to
24 those who have registered under section 4220 (relating to
25 registration for artificial propagation). Artificial propagation
26 by anyone, whether or not registered, is limited to those <--
27 species OF FISH approved under this chapter by law or, APPROVED <--
28 BY LAW OR APPROVED by regulation of the department.
29 (b) Penalties.--Any person who sells, offers to sell or
30 purchases fish with a market value or sale price of $50 or more
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1 in violation OF section 4221(a)(1) (relating to activities under <--
2 registration for artificial propagation) commits a misdemeanor
3 of the third degree. Any other violation of this subchapter as
4 well as a violation of section 4221(a)(1) where the market value
5 or sale price is not shown or is less than $50 is a summary
6 offense of the first degree, as described in 30 Pa.C.S. § 923
7 (relating to classification of offenses and penalties).
8 Section 2. The Department of Agriculture is directed to
9 analyze needs for aquacultural research to determine the
10 desirability and feasibility of acquiring via a public or
11 private consortium one or both of the Federal fish research
12 stations located within this Commonwealth should either or both
13 of the stations become available.
14 Section 3. (a) The provisions of 30 Pa.C.S. Ch. 33 are
15 repealed.
16 (b) All other acts and parts of acts are repealed insofar as
17 they are inconsistent with this act.
18 Section 4. This act shall take effect in 60 days.
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