There are new laws in place for capturing crayfish in PA. The main change is that any cray being removed from it's collection point must have it's head removed from behind the eyes.
Here's the edict that went into effect Jan 2015:
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
The MFK Restricted Species Lists has been updated to reflect this change.
