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VHS (Viral Hemorrhagic Septicemia) and the Hudson River How the new Fish Health Regulations affect angling on the Hudson River Gregory Kozlowski NYSDEC Fisheries Outreach Coordinator Emergency regulations impacting fish movement and the use of baitfish have been implemented in New York in response to an emerging disease threat, viral hemorrhagic septicemia (VHS). Historically, VHS caused widespread fish mortalities in European aquaculture facilities and localized fish mortalities in Pacific Herring along the North American West Coast. In recognition of its potential for profound socio-economic consequences, VHS is one of nine reportable diseases to the World Organization of Animal Health (OIE). VHS became a concern in New York due to outbreaks in the Great Lakes. The earliest confirmed VHS report in the Great Lakes was a frozen Lake St. Clair muskellunge taken in 2003 that had been retested after VHS was first documented in the Great Lakes during 2005. VHS has caused fish mortalities in Lake Huron and Lake St. Clair, and in New York waters including Lake Erie, Lake Ontario, the St. Lawrence River and Conesus Lake. Popular angling fish species involved in the fish mortalities were muskellunge, smallmouth bass, largemouth bass, walleye, yellow perch, bluegill and pumpkinseed. The Animal Health Inspection Service (APHIS) lists 37 species of fish across 13 families that are susceptible to VHS, including all herring species and several popular baitfish species. It is unusual for a fish disease to affect so many fish species across such a variety of families. The greatest risk pathway for the spread of VHS was identified as fish movement, including stocking and the use of baitfish. Given this information, the New York State Department of Environmental Conservation (DEC) had to respond to the VHS threat. Emergency Regulations: Take 1 With the growing evidence of the threat VHS posed to the fisheries resources in New York, the DEC filed emergency fishing regulations on November 21, 2006. Those regulations strictly controlled the movement of fish. The significant impact to Hudson River anglers was that the emergency regulations did not allow the use of herring caught in the Hudson River’s tributaries to be used in the main stem of the Hudson. Additionally, the regulations required that all commercially sold bait fish had to be certified as "disease free" of six fish diseases, including herring. At the same time the emergency regulations were filed, the same regulations were proposed as part of a normal rule making that involved a comment period. Anglers commented that the herring in the tributaries were the same herring that were in the main stem of the Hudson and therefore posed no threat if used as bait in the Hudson River. Commercial bait dealers commented that they could not hold herring long enough to get the disease testing (takes 3 to 5 weeks) and that the striper run would be over by the time the herring were certified as disease free. Emergency Regulations: Take 2 The DEC reviewed the comments submitted in response to the proposed fish health regulations and filed revised emergency regulations effective March 9, 2007. The revised emergency regulations were a compromise between issues raised during the comment period and the disease risk of moving fish from one body of water to another. The following revised emergency fish health regulations impact the Hudson River: Personally harvested bait fish, live or dead, can only be used on the same water body from which they were caught; Commercially harvested bait fish, live or dead, can only be possessed, sold, and offered for sale on the same body of water from which it was caught unless first certified as disease free; The Hudson River downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island and all tributaries to the first barrier impassable by fish is considered one water body. Locks and dams are considered impassable barriers; All bait fish, live or dead, that are not certified as disease free cannot be transported overland by a motorized vehicle; Fish taken for consumption may be transported overland but may not be brought back to the water and used as bait; Bait fish collected in the Marine District may be used as bait in the Hudson provided that the fish were not transported overland; Bait fish that is certified disease free may be transported overland and used as bait provided that the angler has a copy of the sale receipt that states the baitfish are certified disease free and has the name of the vendor, date sold, species of fish sold, and quantity of fish sold. A receipt is valid for seven days from the date of sale. * Please note that not all details of the revised emergency regulations are listed here. For a complete list of the emergency regulations, please visit www.dec.ny.gov. What do these regulations mean for Hudson River anglers? The "message" that the revised emergency regulations sends is that there can be serious negative impacts of moving fish from one body of water to another. That is why the DEC is restricting the use of uncertified baitfish to the water from which they were caught. The good news for Hudson River anglers is that herring caught in the tributaries of the Hudson will be able to be used as bait in the main stem of the Hudson. However, you cannot put herring, live or frozen, in your car to transport them overland from Hudson River tributaries or bait stores to the Hudson. This will change the way anglers buy and collect bait fish. Since you cannot put your baitfish in your car, you will have to purchase your baitfish on the water or within walking distance of the water. If you collect your own herring, you will have to collect them either within walking distance or boating distance from where you plan to fish. You will still be able to bring herring home for pickling, but you will not be able to bring them back to the water as baitfish once they are transported away from the Hudson. Why can’t uncertified baitfish be transported overland by car? Enforcement! If uncertified baitfish were allowed to be transported in a car, then the regulations would be unenforceable. After all, bait fish don’t come with the label "raised in the Hudson River," so it would be impossible to tell where the baitfish came from. More importantly, people would be tempted to bring baitfish from one body of water to another. That is the risk the regulations avoid by not allowing uncertified baitfish to be placed in a car. The regulations allow a person to collect baitfish and use them on the same body of water. If you "need" to transport baitfish overland, then buy certified disease free bait fish and keep your receipt. The choice is yours. Revised for now The changes made in the revised emergency regulations were different enough that they warranted a second public comment period. Therefore, the DEC proposed a new set of regulations that are the same as the revised emergency regulations. Comments will be taken through April 27, 2007. For more information on VHS and how to submit public comments, please visit www.dec.ny.gov and type VHS in the search engine.
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Dredged Material in Abandon Mine Reclamation The Bark Camp Demonstration Project - October 2006 New York/New Jersey Clean Ocean & Shore Trust Pennsylvania Department of Environmental Protection "In 1995 the New York/New Jersey Clean Ocean and Shore Trust, the bistate marine resources commission known as COAST, approached the Pennsylvania Department of Environmental Protection (PADEP), Bureau of Abandon Mine Reclamation with a proposal to test dredged materials from the Hudson and Raritan estuaries and the Delaware River for use in abandoned mine reclamation. Facing the legacy of 300 years of coal mining, PADEP has been a national leader in mine reclamation research and applications, and saw the potential for using dredged sediments as an aggregate in a coal ash amended grout. After a careful analysis, the department determined that in spite of the negative public perception of dredged materials, the levels of contaminants involved were not excessive and were well within their regulatory experience. Furthermore, the contaminant binding capacity and low permeability of coal ash grouts were perfectly suited to immobilize any contaminants present. In order to ensure that only acceptable materials were used, the Bureau of Land Recycling and Waste Management applied regulatory limits for contaminant levels from existing programs and forbade the use of any hazardous materials whatsoever."
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