GP-03 COOPERATIVE FISH NURSERIES

FACT SHEET

Purpose

The purpose of this fact sheet is to define a General Permit (GP-03) and explain the scope, 

conditions, and administrative processes associated with obtaining coverage. 

In compliance with the provisions of the Susquehanna River Basin Compact, and its regulations 

at 18 C.F.R. § 806.17, the Susquehanna River Basin Commission (Commission) has approved

the withdrawal of groundwater and/or surface water for use in cooperative fish nurseries as 

otherwise managed by a member jurisdiction fishery authority under GP-03. 

What is a General Permit?

A General Permit is a permit issued by the Commission in lieu of an individual approval for a 

specific category of projects that the Commission regulates. A General Permit covers a type of 

activity that can operate under the same conditions and will result in minimal adverse impacts to 

the water resources of the Susquehanna River Basin. 

The General Permit process has several benefits for the regulated community:

 Established criteria for qualification to operate under the General Permit.

 Established conditions of operation under the General Permit.

 Streamlined application and review process, resulting in quicker permit decisions.

 Lower application fees.

Scope of General Permit (GP-03)

In general, cooperative fish nurseries are overseen by member jurisdiction agencies, and follow 

member jurisdiction regulations, policies or standards for their operation. GP-03 is designed to 

provide a pathway for cooperative fish nurseries, in partnership with a member jurisdiction

fishery authority, to withdrawal water for flow-through use in nursery operations and related 

incidental uses. Under current regulations, many of these cooperative nurseries would be subject 

to the full review under 18 C.F.R. Part 806. GP-03 is designed to avoid duplication of those 

member jurisdiction authorities and standards, and covers three water-withdrawal activities for 

cooperative fish nurseries:
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1. An existing or new cooperative fish nursery withdrawing from a surface water 

source(s) for flow-through use in nursery operations and related incidental uses, either 

from one source or combination of sources. 

2. An existing cooperative fish nursery withdrawing a historic consecutive 30-day 

average of 100,000 to 500,000 gallons per day (gpd) from an existing groundwater 

source(s) for flow-through use in nursery operations and related incidental uses, either 

from one source or combination of sources.

3. A new cooperative fish nursery withdrawing from a combination of sources, for flowthrough use in nursery operations and related incidental uses, wherein a new

groundwater source, or combination of sources, does not exceed 100,000 gpd.

New groundwater withdrawals withdrawing a consecutive 30-day average of greater than 

100,000 gpd or greater from groundwater in combination from all sources are not included for 

coverage by GP-03 and are required to proceed through the individual approval process. 

Administrative Process

A project sponsor can be the member jurisdiction agency authorizing the cooperative fish 

nursery, and can review this process and decide if their cooperative fish nurseries fit within the

three activities covered by GP-03. If the project does, the project sponsor may request

permission to operate under GP-03 by filing a Notice of Intent (NOI) to the Commission. The 

NOI is a short application form that the project sponsor fills out with basic project information, 

and can be found on the Commission’s website. The Commission will publish every NOI on its 

website. There is a 30-day public comment period for every NOI published on the 

Commission’s website. 

Commission staff reviews the NOI for completeness. Upon close of the public comment period 

and after review of comments received, the Executive Director of the Commission then 

determines if an Approval of Coverage to operate under GP-03 may be issued to the project 

sponsor. Notice of approval or denial of coverage will be published in the Federal Register.

Fee

The NOI fee for coverage under GP-03 is $1,000, which includes review of the project’s details. 

This fee may change with annual updates to the Commission’s Regulatory Program Fee 

Schedule.

Term

GP-03 has a term of 15 years, in keeping with Commission regulations at 18 C.F.R. § 806.31 

Terms of Approvals where projects generally have a term of 15 years. GP-03 is effective April 1, 

2024, and the term ends on April 20, 2039.

Activities Not Approved by GP-03

The following activities are examples of projects that are not approved under GP-03:
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 A fish nursery not participating in a member jurisdiction-cooperative fish 

management program.

 A fish nursery diverting water out of the Basin.

 A fish nursery withdrawing from a new groundwater source, a consecutive 30-day 

average of greater than 100,000 gpd or greater from groundwater in combination 

from all sources.

 A surface water withdrawal from any waterway of exceptional quality*.

 Bulk supply water sales of withdrawn water or any other use not directly related 

to fish nursery activities or needs.

*A waterway of exceptional quality, although undefined in Commission regulations, is generally 

considered to be present in streams designated as TS (Trout Spawning Waters) [NY]; 

Exceptional Value (EV) [PA] and Tier II Waters [MD]. Recent water quality data or the results 

of an Aquatic Resource Survey conducted by the Commission may also be used to identify 

streams or wetlands functioning as a waterway of exceptional quality.

Conditions

GP-03 contains General Conditions for the withdrawal of water for flow-through use in nursery

operations and related incidental uses.

Given that the Commission is proposing a more streamlined review for these types of activities, 

it is vitally important that project sponsors have their member jurisdiction law permits in place. 

Accordingly, the GP-03 is conditioned upon “the project sponsor obtaining and maintaining all 

necessary permits and/or approvals required for the project from other federal, state, or local 

government agencies having jurisdiction over the project.” The Commission may modify, 

suspend, or revoke the approval of coverage if the project sponsor fails to obtain or maintain 

such permits and/or approvals.”

The General Conditions are outlined in GP-03, and examples of those conditions are:

 The project sponsor shall report violations of any withdrawal limits and any 

conditions of this General Permit within five (5) days of such violation.

 The project sponsor shall adhere to the monitoring plan submitted with the NOI and 

shall submit a report to the Commission in the form and manner as prescribed by 

Commission staff.

 The total volume of water withdrawn for nursery operations shall be returned in a 

flow-through manner to the immediate watershed.
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 The distance from the source surface water withdrawal location to the discharge 

location shall occur within a reasonable distance.

 A groundwater withdrawal from an existing groundwater source(s) may not exceed 

its historic use.