Effective December 16, the Department of Agriculture will register commercial propagators of fish as well as dealers in live aquatic animals. The Commission will no longer issue artificial propagation licenses, live fish, fishbait and baitfish dealer licenses and resident and nonresident fish transportation licenses. The Commission has been working with the Department of Agriculture to ensure smooth implementation of this new law. In addition, the Commission has been reviewing the new law to determine whether it has left any holes in the Commission's authority. In general, this repeal does not diminish the Commission's authority to protect the Commonwealth's waters and the fish in those waters.
Violations are summary offenses of the second degree.
The Commission retains authority to license use of nets and regulated fishing lakes. The Commission's general statutory authority to make regulations for the protection, preservation and management of fish and fish habitat gives the agency regulatory authority over stocking of fish. The Commission's enforcement officers have clear authority to enforce the prohibitions in the new law since it is a Commonwealth law related to fish. While the Department of Agriculture will have primary authority to enforce this law, it is certainly possible that the Commission's officers could become involved in enforcement where an unregistered propagator or dealer unlawfully sells fish. It is clear that only registered artificial propagators and dealers may sell fish and that they may not sell fish except those taken from the specified facility or facilities.