FishTails
New Stocking Law Regulates Release of Aquatic Organisms Into Public Waters

[June 11, 2003] - Hoy Murphy, Public Information Officer (304) 558-3380 hmurphy@dnr.state.wv.us, Contact: Bret Preston, Wildlife Resources Section (304) 558-2771 wildlife@dnr.state.wv.us

The passage of House Bill 2094 during this year's Legislative Session and subsequent signing into law by Governor Wise provides greater protection for West Virginia's fisheries and other aquatic resources, according to Bret Preston, Assistant Chief of the Division of Natural Resources Wildlife Resources Section. The new law, which became effective June 2, prohibits the release of fish and other aquatic organisms into public waters of the state unless a stocking permit is issued by the Director of the Division of Natural Resources.

Introduced at request of the West Virginia B.A.S.S. Federation, House Bill 2094 addresses concerns that many anglers and fisheries managers share the potential loss of important recreational fisheries and ecosystem functions because of invasive species or disease. Invasive species are harmful, non-native animals and plants that are purposefully or inadvertently introduced into the wild. Collectively, these nuisance species can cause significant impacts to valued natural resources. According to the U.S. Fish and Wildlife Service, economic costs associated with aquatic and terrestrial invasive species in the United States amount to nearly $100 billion annually. Aquatic invasive species reduce game fish populations and other native species; damage boat engines; make rivers and streams unusable by recreational users; and increase the operating and maintenance costs of drinking water plants and water-based industries.

Diseases in fish populations are increasing concerns for anglers and fisheries managers. Recently, fisheries managers and bass anglers have expressed interest in ways to minimize the outbreak of largemouth bass virus. This virus is carried by a number of species, but has produced disease only in black bass. The disease is not known to affect warm-blooded animals, including humans. It has been found in 17 states and fish kills have been confirmed in more than two dozen locations since 1995. So far, the fish kills have been minor and sporadic. Bass from several West Virginia water bodies have been tested and no infected fish have been found.

Fish disease specialists do not have a complete understanding of the nature of largemouth bass virus, but offer a number of suggestions that may help limit the spread of the disease. Primarily, the recommendations focus on not moving fish or fish parts from one water body to another; not releasing live bait into a water body; and cleaning boats, trailers, and other fishing equipment between fishing trips to keep from transporting the disease.

"Concerns regarding the movement of fish and the spread of disease provided the motivation for the West Virginia B.A.S.S. Federation to support this legislation," said Preston. "West Virginia has been fortunate in avoiding substantial impacts to fishery resources resulting from invasive species or disease, and this legislation will provide additional protection." The state has not been immune to invasive species, however. Zebra mussels are found in West Virginia s large commercially navigable rivers. They have caused problems for industry and native freshwater mussel species. Introductions of some fish have negatively impacted popular sport fish in a few of West Virginia's lakes and reservoirs. These introductions may have been inadvertent, such as releasing bait fish into a lake, or purposeful by a well-meaning angler who thought that the fish would be good for the lake. Often, introduced fish out- compete native or established sport fish for food and habitat.

The new law addresses these concerns by prohibiting the release of any live or dead fish, water animal, or other aquatic organism, including eggs or nests of organisms into public waters unless authorized by a stocking permit from the Director of the Division of Natural Resources. This includes the release of bait fish from bait buckets. There are exceptions to the stocking permit requirement. The stocking of trout does not require a permit if the trout originate from a source within the state or meet the existing statutory requirement for being disease free. The stocking of black bass into public waters does not require a permit provided that the Division of Natural Resources is notified prior to stocking and a disease free certification is provided to the agency. Also, privately owned ponds may be stocked with native or established species without a permit.

"This new law is similar to adjacent states laws and regulations, and most other states in the U.S.," said Preston. The Division of Natural Resources views the new law as an opportunity to educate anglers and others about the importance protecting West Virginia's recreational fisheries and other aquatic organisms from invasive species and diseases. The Division of Natural Resources is working to develop administrative rules that will guide the stocking permit application process.

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