UPDATE (16 Aug. 2022) - PA Fish & Boat has extended the public comment period until 17 September 2022. They also put out a press release, found here, adding a public meeting of the Fisheries & Hatcheries Committee, wherein the public may present comments to staff. Though it is the Commissioners that will ultimately vote on this proposed rulemaking, this is a good opportunity to make your concerns known to staff.
Hello,
We're writing to ask for your help. There is a proposed regulation from Pennsylvania Fish and Boat Commission, "FISHING - Proposed Rulemaking - Propagation and Introduction of Fish into Commonwealth Waters", up for public comment before its final review and vote by the Commissioners. While there are parts of this rulemaking that we see a need for, and think will benefit PA fisheries, there are other parts that are currently unworkable for those wishing to stock fish in PA. The biggest issues we see relate to the new stocking authorization that will be required to stock any fish into any water of the Commonwealth. (We detail our concerns about it further down.)
Because we believe the regulation still needs work, we are asking that you take a few minutes to comment and vote NO so that it gets sent back to PFBC staff for the necessary changes.
The proposed regulation and comment section can be found by going to:
https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-25/895.html
To comment, go here:
https://pfbc.pa.gov/regcomments/index.htm?title_number=Rulemaking325
If this regulation goes through as is, we will be unable to supply trout for stocking in PA beginning 1 January 2025. Though that's 2 years away, the comment period on this ends 17 September 2022.
Please comment and forward this to anyone you know that might be affected, or might otherwise have an interest in stocking fish in PA, and ask them to comment as well. Below are our suggested comments. Feel free to cut and paste into the comments section.
I am against this rulemaking for the following reasons:
1. It grants too broad of power to staff at PFBC to regulate without established rules defining the boundaries of that power, public access to those boundaries, required timeframe, or oversight by Commissioners.
2. It creates a situation of impossible compliance causing all of us stocking fish to stop or to break the regulations.
3. It creates additional barriers to those wanting to stock fish in PA.
Those are pretty broad statements, but we feel they cover most of our issues with the proposed regulation. Though not exhaustive, here is a more detailed explanation of why we feel this is so important to halt:
Compliance with the requirements under Subchapter C., Section 71a.5 is not practically possible. "Persons authorized by the Commission to stock fish shall ensure water used to transport fish does not contain nonnative, injurious, or harmful pathogens, or any other fish or aquatic species other than those expressly authorized." The testing/certification cannot be done by the general public with readily available products/instruments or knowledge. Arguably, it can't be done at all. Water exposed to air has the potential to contain something that is harmful to something, and without clarification on the 'injurious, or harmful' language, this is a situation in which the public cannot obtain compliance.
Because it's not practically possible, it automatically places the person stocking, or their authorized agent, in non-compliance. While this part technically falls on the person stocking the fish, not us as providers of the fish, we still have to be able to reasonably assure our customers that we, and our water, can comply. No honest operator, private or public, can make this assurance.
The public is at a disadvantage. Subchapter C., Sec. 71a.5(c) - "If ... staff determine the proposed stocking activity creates a likelihood of adverse impacts to fish, fish habitat, or fishing, staff may amend an application for fisheries management or fish health purposes in order to approve a proposed stocking activity. If no such amendment is possible, a stocking authorization may be denied." How will staff determine this? How does the public access the standards used by staff to make these decisions? Without transparency in the requirements for approval, the process is arbitrary - subject to the whims of staff, and if the judgement of staff is all that's required, there seems to be very little chance of an appeal going the way of the petitioner.
With no known (or expected) timeframe for the application process, and no published standards by which the public can reasonably assume their application's approval, any stocking that isn't planned months ahead of time is in jeopardy of not happening. And even with a long planning period, you still won't know until you know.
As a more general concern, why is this necessary at all? We understand the PFBC's goal of protecting our aquatic resources, but if there are importation requirements for fish coming into the state, and fish health testing requirements for stocking, why must a person also have authorization from the PFBC? They already regulate which species can be stocked in PA, and already designate which waterways can be stocked with which species, and that information, while not terribly easy to find, is publicly available ... so why do we need the additional approval using unidentifiable standards?
The stocking authorization creates additional barriers to fishing in PA. Determining in what waters you can fish, when you can fish there, for what, and with what tackle is an absurdly difficult task in PA as is. For those fortunate and dedicated enough to provide fishing opportunities by stocking fish, we see no way this process can enhance those efforts. It can only, at best, detract and at worst, prevent them entirely.
Fishing is done for sport and entertainment. Once being entertained becomes too burdensome, you find a new source of entertainment.
While it is extremely important that we all comment through the official public comment site (linked closer to the beginning of this letter), because those comments are given to the Commissioners that ultimately vote to approve or reject the proposed rulemaking, a call to your state representative's office can't hurt. They should know how this regulation will affect fishing and tourism in their district. If this passes as is, we don't see how stocking in PA can continue.
We're happy to discuss this with anyone that has questions. We have appreciated your business over the years, and we hope to continue to be able to provide fish to you, and the generations that follow.
Thank you,
Adam & Liz Pritts
sales@laurelhilltroutfarm.com
724.216.6800