New Regulation to Know: Notice of Stocking

Lacy Powers, BCCD, Conservation Technician
A new regulation on fish stocking has been in effect since January 1st of 2024 by the Pennsylvania Fish and Boat Commission (PFBC).  What is this new regulation and how does it affect you as a pond/lake owner or private citizen?
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The PFBC is now requiring a Notice of Stocking (NOS) form for any person or group engaging in fish stocking into Commonwealth waters.  This regulation allows the PFBC to monitor the species, number, and location of fish that are entering the waters of the Commonwealth, as well as ensure the health and well-being of Commonwealth waters and aquatic life.  Pennsylvania is not the first state to take a proactive response to the increasing challenges brought by aquatic invasive species, as 30 other states such as New York, New Jersey, and Maryland monitor fish stocking too. With this new regulation it is important to know exactly what Commonwealth waters are and when you need to submit a NOS form to the PFBC.

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As taken directly from the Clean Streams Law, “Waters of the Commonwealth shall be construed to include any and all rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.” So, while you may not have realized when you were building it, the artificial pond in your backyard is considered Waters of the Commonwealth and is bound to all regulations that may fall on Commonwealth waters. To clarify this means stocking in water such as lakes, ponds (including farm ponds), or reservoirs on public or private property need to be informed to PFCB by way of a NOS form. A NOS is also needed for stocking in flowing water such as rivers, streams, or creeks on public or private property.

It may seem clear that you need a NOS in cases when you buy fish from a hatchery, but this also means you need a NOS for when you go to your neighbor’s pond or a nearby stream and catch fish to increase the stock in your own pond.  If you are stocking for a fishing tournament or derby, you’ll need a NOS along with a PFBC Special Activities Permit for the stocking activity. Basically, in any instance where you are moving and stocking fish into a Waters of the Commonwealth you will need a NOS, unless it is a fish baited on a hook for angling purposes, a closed water circulation ornamental pond with no risk of connecting to surface waters of the Commonwealth, a Triploid grass carp permit stocking, or a licensed propagation facility under the Pennsylvania Aquaculture Development Law.

It is important to note that whether the stocked fish come from an in state or out of state source, they must be on the Commission’s Species by Watershed Approved for Open System (Flow Through) Propagation and Introduction List. It is also unlawful to introduce, place, or stock fish in waters that that have a special designation by the PFBC, such as, catch and release, wilderness trout, or wild trout management waters including Class A wild trout streams. No species of fish are allowed to be transported into the Pennsylvania Commonwealth from another state, province, or country and released into a watershed of the Commonwealth. If you wish to do one of the scenarios listed above, you will need to have prior written permission from the PFBC and a NOS submission.

Submitting a NOS form is quick and easy, but best of all it is free! It can take as little as five minutes to complete, and the information will assist the PFBC in identifying the number of fishing opportunities created outside of PFBC stocking and help them monitor threats to the Commonwealth’s aquatic resources. You can find Notice of Stocking forms online at huntfish.pa.gov or we have some printed on-hand at our office in the Stoll Natural Resource Center. A copy of the NOS is also required to be on site at the location on the day of fish stocking. If you decide not to submit a NOS, a PFBC Waterways Conservation Officer may educate you on the requirement and request you submit a NOS to comply with the regulation, or they may issue a warning or even a $150.00 citation. 

Notice of Stocking forms are a great way to help monitor the types of aquatic species that are entering our waters and protect our native aquatic species from being out competed of resources and habitat by nonnative invaders. What you do today can help conserve and protect our waterways for the future. If you have any further questions, please contact the PA Fish and Boat Commission at 570-477-5717 or find them online at www.fishandboat.com.   

The Bradford County Conservation District is committed to helping people manage resources wisely.  You can visit the Bradford County Conservation District at 200 Lake Rd in Wysox across from the Wysox Fire Hall. Contact us at (570) 485-3144 or visit our web page at www.bccdpa.com.