Current through Register Vol. 54, No. 49, December 7, 2024
Section 71a.5 - Notice of Stocking to the Commission(a)General(1) No person may introduce any species of fish into waters of this Commonwealth (except baited on a hook for angling purposes) without prior submission of a Notice of Stocking to the Commission. For the purposes of this subsection, ''waters of this Commonwealth'' does not include waters contained within a property or premise of a propagation or dealer facility licensed under 3 Pa.C.S. §§ 4201'4223 (relating to Aquacultural Development Law). Persons who notify the Commission of an intent to stock fish through a Notice of Stocking should also ensure that fish intending to be stocked are limited to those listed on the Notice of Stocking and the Commission's Species by Watershed Approved for Open System (Flow Through) Propagation and Introductions list. An electronic or hard copy of the Notice of Stocking shall be present at the location during the time fish are stocked. In the event the person(s) who filed a Notice of Stocking is not present during the time of stocking, an entity stocking fish on behalf of the authorized person shall possess a copy of the Notice of Stocking.(2) In addition to the Notice of Stocking requirement set forth in paragraph (1), species of fish may not be transported into this Commonwealth from another state, province or country and liberated in a watershed of this Commonwealth without previous written permission from the Commission, nor may a species of fish be transferred from waters in this Commonwealth into another drainage of this Commonwealth where this particular species is not always present without prior written consent from the Commission. Inspection for species composition or presence of disease, or both, will be required at the discretion of the Commission on all lots of fish transported into this Commonwealth. Written permission from the Commission may be obtained by sending a request to the Executive Director, P.O. Box 67000, Harrisburg, Pennsylvania 17106.(3) The following apply: (i) The following do not require submission of a Notice of Stocking: (A) Fish not on a Commission prohibited species list and raised and sold for the intended uses of indoor aquaria.(B) Fee fishing operations located on the same property as a propagation facility licensed under 3 Pa.C.S. §§ 4201'4223.(C) Outdoor ornamental ponds not discharging into a water of this Commonwealth.(ii) Species obtained through or originating from pet stores or tropical and ornamental fish dealers may not be released into waters of this Commonwealth.(4) Submission of a Notice of Stocking does not authorize individuals or organizations to stock waters that are prohibited from stocking as defined in §§ 57.8a (relating to Class A wild trout streams) and 71a.8 (relating to stocking of designated waters).(b)Notice of Stocking Form. A Notice of Stocking shall be made on a form prescribed by the Commission. In addition to the information required under 1 Pa. Code §35.2 (relating to contents of applications), persons notifying the Commission of intent to stock must provide other information as may be required by the Commission to fully describe the details of the planned stocking.(c)Exceptions. Exceptions from a Notice of Stocking submission will require prior written approval from the Executive Director or their designee.(d)Effective Date. Beginning on January 1, 2024, the provisions of § 71a.5(a) '(c) shall be effective.Adopted by Pennsylvania Bulletin, Vol 53, No. 38. September 23, 2023, effective 1/1/2024