Title of Regulation: 12VAC5-170. Prohibiting the Taking of Fish for Human Consumption from the North Fork of the Holston River (repealing 12VAC5-170-10 through 12VAC5-170-40).

Statutory Authority: § 32.1-12 of the Code of Virginia.

Effective Date: November 22, 2013.

Agency Contact: Dwight Flammia, State Public Health Toxicologist, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8127, or email dwight.flammia@vdh.virginia.gov.

Background: The existing regulation prohibits consumption of fish caught from the North Fork of the Holston River due to historically elevated mercury levels in fish caught from this area. The regulation does not prohibit catch and release.

In 2013, the Department of Health (VDH) solicited public comment on and reviewed this regulation, which resulted in a recommendation to the State Board of Health that the regulation be repealed. Based on its review, VDH determined that:

1. The current process VDH uses to inform the public of health risks associated with fish consumption is through a fish consumption advisory.

2. VDH already has a "Do Not Eat" fish consumption advisory for fish caught in the North Fork of the Holston River from Saltville, Virginia, to the Virginia-Tennessee state line.

3. Public signs with "Do Not Eat" will still remain in effect if the current regulation is repealed.

4. No public comments were received that suggested the regulation should remain in effect.

5. VDH has the authority to repeal this regulation pursuant to § 32.1-248 of the Code of Virginia.

Small Business Impact Report of Findings: This regulatory action serves as the report of findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Summary:

The State Board of Health is repealing this regulation because it has determined that the public is informed of health risks associated with fish consumption through health advisories.