PENNSYLVANIA:
STOP Aquatic Nuisance Species
It is UNLAWFUL to possess, to introduce or import, transport, sell, purchase, offer for sale or barter the following live species in the Commonwealth: Snakehead (all species), Black Carp, Bighead Carp, Silver Carp, Zebra Mussel, Quagga Mussel, Round Goby and Tubenose Goby.
Aquatic nuisance species (ANS) are aquatic animals and plants that have been introduced into waterways in which they do not live naturally. They have harmful effects on the natural resources in these ecosystems and the human uses of these resources. Some other least-wanted ANS in Pennsylvania are European ruffe, sea lamprey, hydrilla, spiny water flea, purple loosestrife, Eurasian watermilfoil, Asian clam, and red-eared slider (turtle), Rusty Crayfish (Orconectes rusticus).
People are often the cause of ANS moving from one place to another. Help prevent the spread of ANS by doing the following:
? When retrieving your boat for the day, check your boat, motor and trailer for weeds and other items ?tagging along.?
? Wash your boat?s hull with hot water or with a high-pressure spray.
? Drain livewells, bilges and other compartments.
? Drain all standing water from the boat.
? Don?t dump leftover bait into the water you?re fishing, unless you collected the bait there.
Pennsylvania has laws for the propagation, stocking, transportation and importing of fish. See Chapter 71 of the Fish and Boat Code.
http://sites.state.pa.us/PA_Exec/Fish_Boat...y/nuisance.html
Bad, Bad news concerning ALL crayfish species:
Order Adopting Amendments
COMMONWEALTH OF PENNSYLVANIA
PENNSYLVANIA FISH AND BOAT COMMISSION
Title 58. Recreation
Part II. Fish and Boat Commission
Chapters 61, 63, 69, 71 and 73
Fishing
Preamble
The Fish and Boat Commission (Commission) amends Chapters 61, 63, 69, 71 and 73
(relating to seasons, sizes and creel limits; general fishing regulations; fishing in Lake Erie and
boundary lakes; propagation and introduction of fish into Commonwealth waters; and transportation
of live fish into this Commonwealth). The Commission is publishing this final-form rulemaking
under the authority of 30 Pa. C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect on
January 1, 2015.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Esq., P.O.
Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on
the Commission’s website at
www.fish.state.pa.us.
C. Statutory Authority
The amendments to § 61.1 (relating to Commonwealth inland waters), § 61.2 (relating to
Delaware River, West Branch Delaware River and River Estuary), §61.3 (relating to Pymatuning
eservoir), § 61.4 (relating to Conowingo Reservoir), § 63.46 (relating to sale, purchase or barter of
injurious, nonnative species), § 69.12 (relating to the seasons, sizes and creel limits – Lake Erie, Lake
Erie tributaries and Presque Isle Bay including peninsula waters), §71.6 (relating to prohibited acts)
and § 73.1 (relating to transportation) are published under the statutory authority of section 2102 of
the code (relating to rules and regulations).
D. Purpose and Background
The specific purpose and background of the amendments are described in more detail under
the summary of changes.
E. Summary of Changes
Crayfish are one of the most conspicuous and ecologically important components of aquatic
communities in this Commonwealth and across the globe. They are an important forage item for
fishes, mammals, birds, reptiles and amphibians and facilitate the transfer of nutrients up through the
food chain to higher trophic levels. About half of North America’s crayfish fauna is imperiled, and
native crayfishes across the continent and in this Commonwealth are rapidly being replaced by
introduced (exotic) crayfishes.
The replacement of native crayfish by introduced crayfish represents a significant threat to
aquatic communities. Introduced crayfish attain densities that are exceedingly high (sometimes in
excess of 200 individuals/m2), often eliminate aquatic macrophytes and suppress benthic invertebrate
communities. They can have strong negative effects on amphibians, mussels and fishes.
Stopping the spread of introduced crayfish is difficult once they become widespread. Since
the distributions of most introduced crayfishes in this Commonwealth are still limited, there is still
time to stop the spread of exotic crayfishes and preserve the native stocks that remain.
Exotic crayfishes occur in a number of water bodies in this Commonwealth and are available
from bait shops, biological warehouses, pet stores, live food vendors and aquaculture facilities. In
order to help prevent additional introductions of crayfish in this Commonwealth, stringent
regulations and their enforcement is warranted.
The invasive rusty crayfish (Orconectes rusticus) has been tightly regulated in this
Commonwealth since 2005, and live individuals cannot be possessed, sold, transported or cultured
within this Commonwealth. However, there are five other introduced crayfishes that occur in the
Commonwealth that are currently unregulated. These exotic crayfishes can be purchased from
commercial dealers or collected from invaded water bodies and released legally into the state’s
waters with potentially devastating effects on native communities. Additionally, although the
invasive red swamp crayfish (Procambarus clarkii) cannot be propagated in flow-through systems or
introduced into Commonwealth waters, the species can be possessed, sold, and transported legally
within this Commonwealth.
Extending the Orconectes rusticus ban to other exotic crayfish species would be impossible
to enforce because most natural resource managers and conservation officers have difficulty
identifying crayfish species. For this reason, the Commission restricted the sale, possession,
introduction, transportation and culture of all live native and nonnative crayfishes in the
Commonwealth. Similar restrictions have been passed elsewhere (e.g., Wisconsin and parts of
Maryland and Canada) with broad public support.
With these amendments, licensed anglers will still be allowed to harvest up to 50 crayfish per
day. However, the head must be immediately removed behind the eyes upon capture unless the
crayfish are used as bait in the water from which they were taken. When crayfish are used as bait in
the water from which they were taken, the head does not have to be removed. When crayfish are
transported from the water from which they were collected, the head must be removed behind the
eyes. The amendments also restrict the sale of all live native and nonnative crayfishes in the
Commonwealth except when they are sold for testing and scientific purposes or restaurant
consumption, adequate measures have been taken to prevent their escape, and they are accompanied
by documentation stating the point of origin and the destination to which they are to be delivered.
Last, the amendments restrict possession, introduction and transportation of all live native and
nonnative crayfishes except (i) when they are possessed and used as bait on, in or about the water
from which taken or (ii) when they are possessed or imported for testing and scientific purposes or
restaurant consumption, adequate measures have been taken to prevent their escape, and they are
accompanied by documentation stating the point of origin and the destination to which they are to be
delivered. Except when they are used as bait as described above, the introduction of any live crayfish
into Commonwealth waters will be strictly prohibited.
Although propagation is not specifically addressed by this final-form rulemaking,
Commission staff worked with the Department of Agriculture (DOA) and registered propagators to
address issues pertaining to crayfish culture. Section 71.2 of the Commission’s regulations provides
that the Bureau of Fisheries will maintain a list of species by watershed for which DOA may issue
registrations for artificial propagation and registrations for dealers of live aquatic animals. The
section further provides that the Bureau may update or modify the list of authorized species by
adding species to or deleting species from the list as necessary to provide for the protection and
management of fish in this Commonwealth. Therefore, concurrent with this rulemaking,
the
Commission will remove all crayfish species from the list of species approved for open-system
propagation and introduction in the Commonwealth. The culture and propagation of crayfish will
still be permitted in closed systems.
The Commission amends §§61.1 – 61.4, 63.46, 69.12, 71.6 and 73.1 to restrict the sale,
possession, introduction and transportation of all crayfish species in this Commonwealth to read as
set forth in the notice of proposed rulemaking.
. Paperwork
The final-form rulemaking will not increase paperwork and will not create new paperwork
requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its
political subdivisions. The final-form rulemaking will impose no new costs on the private sector or
the general public. Any fiscal impact to the private sector is expected to be nominal. Some
businesses sell crayfish as pets or bait, but the revenue generated is typically a very minor component
of total sales. Other commercial uses include testing and scientific purposes and restaurant
consumption. However, under the amendments, the sale, possession and transportation of live
crayfish is permitted for those purposes when adequate measures have been taken to prevent their
escape and they are accompanied by documentation stating the point of origin and the destination to
which they are to be delivered. Therefore, laboratories, research facilities and restaurants will not be
significantly affected by the changes.
H. Public Involvement
A notice of proposed rulemaking containing the amendments was published at 44 Pa. B. 901
(February 15, 2014). The Commission solicited public comments for a period of 60 days. The
Commission received a total of 30 comments generally supporting the proposal and summarized in a
Comment/Response Document. Copies of all public comments and the Comment/Response Document
were provided to the Commissioners.
FINDINGS
he Commission finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given
under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§1201, 1202) and
the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided, and the public comments that were received
were considered.
(3) The adoption of the amendments of the Commission in the manner provided in this order
is necessary and appropriate for administration and enforcement of the authorizing statutes.
ORDER
The Commission, acting under the authorizing statutes, orders that:
(A) The regulations of the Commission, 58 Pa. Code Chapters 61, 63, 69, 71 and 73, are
amended by amending §§ 61.1 – 61.4, 63.46, 69.12, 71.6 and 73.1 to read as set forth at 44 Pa. B. 901.
(B) The Executive Director will submit this order and 44 Pa. B. 901 to the Office of
Attorney General for approval as to legality and form as required by law.
(C) The Executive Director shall certify this order and 44 Pa. B. 901 and deposit them with
the Legislative Reference Bureau as required by law.
(D) This order shall take effect on January 1, 2015.
For the Pennsylvania Fish and Boat Commission
John A. Arway
Executive Director
RHODE ISLAND:
List of Fish. All aquarium trade fish may be kept without an exotic animal possession permit except endangered species. The Division of Fish and Wildlife may have additional regulations if the species of fish is considered to be native or nuisance. Possession of the following species requires an exotic animal possession permit:
1. Grass Carp or White Amur (Ctenopharyngdon idella)
2. Piranha (Pygocentrus spp.and Serrasalmus spp.)
3. Rudd (Scardinius erythrophthalmus)
4. Walking Catfish (Clarias spp and all members of the family Clariidae)
5. Snakeheads (Channidae and Parachannidae)
Best of luck in obtaining a permit:
REQUIREMENTS
1. A permit to import into, receive, or possess in this state animals defined as exotic animals under section 4.7 herein, shall be restricted to the United States Department of Agriculture (USDA) and the American Association of Zoological Parks and Aquariums (AAZPA) approved zoos and research institutes or other USDA approved facilities as well as exhibitors and private persons seeking to import or possess an exotic animal for private ownership pursuant to the provisions of sections 4-18-3 and 4-18-6 of the Rhode Island General Law, 1956, as amended herein. Obtaining such permit does not preclude conformance with such other Federal, State, or Local requirements for licensure certification or permit which may be required.
2. No other person shall be allowed to import, receive, or possess any animals defined as exotic animals under section 4.7 herein, other than USDA/AAZPA approved zoos and research institutes, or as well as exhibitors and private persons seeking to import or possess an exotic animal.
3. The Director at his/her discretion may issue an exotic animal possession permit to import, receive, or possess exotic animals as defined in section 5 4.7. An exotic animal possession permit is not required for importation or possession of domestic animals as defined in section 4.3, or for importation or possession of exempt exotic animals as defined in section 4.6 and listed in Rule 7. Persons wishing to obtain a permit to import or possess native wildlife as defined in section 4.13 can do so through the Department, Division of Fish and Wildlife. Application for an exotic animal possession permit must include the following for each species. a) The number, sex, age, and true scientific name and means of permanent individual identification of each individual animal b) The carrier and point of first arrival as well as the location where each animal will be kept within the state. c) The purpose for which the exotic animal will be imported and possessed d) The full name and complete address of the consignee and consignor e) A “health certificate” (certificate of veterinary inspection) issued by a federally accredited veterinarian licensed in the state of origin of the exotic animal. The health certificate is to include the results and dates of any testing that was determined necessary by the Director prior to entry into the state of Rhode Island. The health certificate must be as defined in section 4.10 herein. f) The location of where the animal(s) will be held in quarantine upon entry into the state of Rhode Island. This location and all enclosures must be inspected and approved prior to issuance of an exotic animal possession permit. g) The location of where the animal(s) will be permanently held after release from quarantine. This location and all enclosures must be inspected and approved prior to issuance of an exotic animal possession permit. h) The name and address of the veterinarian currently licensed in Rhode Island who will conduct the tests and examinations specified by the Department. A letter from a veterinarian currently licensed in Rhode Island stating that he/she will conduct any testing or examinations as will be required periodically by the Department i) Except for AAZPA certified facilities, any person desiring to import or possess an exotic animal shall also provide a detailed written description to the Department of the manner in which the animal(s)’ nutritional, housing, and exercise needs will be met. Approval of this document must be made prior to issuance of an exotic animal possession permit. j) Permit fee as specified by Rhode Island General Law 4-18-8 k) Letter from the Department, Division of Fish and Wildlife, endorsed by the Chief of that division or his/her designee stating that the species is neither considered a native species nor a nuisance species as defined in this document.
RULE 6 ISSUANCE AND CONDITIONS
1. Issuance of exotic animal import permits may be made by the Department upon the following: a) Receipt of written application providing all of the information enumerated in RULE 5 not less than seven (7) days preceding the probable day of shipment of the animal(s). b) Completion of an inspection by the department of the quarantine and final enclosures as enumerated in RULE 5 and approval of those enclosures. c) Payment of the necessary permit fee as required under Rhode Island General Law 4-18-8. d) Determination that possession of the exotic species will not endanger the public health or the health of native wildlife or domestic animals to an extent greater than possession of domestic animals or exempt exotic animals would. e) Approval of the probable point of first entry into the state of Rhode Island f) Receipt and approval by the State Veterinarian of a Health Certificate signed and issued within thirty (30) days of the anticipated arrival of the exotic animal. Such Health Certificate must be issued by a Federally Accredited Veterinarian licensed in the state of origin of the exotic animal(s), be countersigned by the State Veterinarian of the state of origin, and be accompanied by any test records determined to be necessary by the Department. The Health Certificate must state that the animals are free from signs of infectious, contagious, and zoonotic diseases in addition to the specific required tests.
2. The permit may, at the discretion of the Director, list specific conditions that must be met and maintained prior to issuance of an exotic animal possession permit.
3. The exotic animal possession permit is not transferable to another person or location without the expressed written permission to do so from the Director.
4. Any person in possession of an exotic animal possession permit must maintain possession of the animal(s) identified on that permit at the location specified on that permit, and the enclosures that were inspected prior to issuance of that permit.
5. Any modification of the enclosure must be inspected and approved before the permitted animal(s) are allowed to be housed within.
6. Any exotic animal as permitted shall not be used for breeding purposes without prior approval by the Department. If approval is granted, limits may be imposed as to the number of exotic animals allowed per location, enclosure, or person as in
RULE 6 section 2.
7. The possessor of any permitted exotic animal must notify the Department within twenty-four (24) hours of the death of that animal, and immediately upon the escape of that animal. 7
8. The exotic animal and the enclosure are subject to periodic inspection by representatives of the Department during normal business hours and without prior notice.
9. The Director may order immediate examination and testing of any permitted exotic animal(s) upon suspicion that the animal(s) may be harboring a disease that threatens public health or the health of domestic animals or native wildlife. Measures necessary to do so may include but not be limited to quarantine, seizure, euthanasia, and post-mortem examination.
10. Any person bitten, scratched or otherwise injured by an exotic animal must be immediately reported to the Animal Control Officer in the municipality where the animal is housed and to the State Veterinarian.
11. The release into the wild of any animal for which an exotic animal possession permit has been issued is prohibited whether or not such release was intentional or accidental.
12. Any animal imported with an exotic animal possession permit may, at the discretion of the Director, in accordance with RIGL 4-18-11, be required to undergo a period of quarantine. The terms of the quarantine will be established on a case-by-case basis.
