CHAPTER 170
PROHIBITING THE TAKING OF FISH FOR HUMAN CONSUMPTION FROM THE NORTH FORK OF THE HOLSTON RIVER (REPEALED)

12VAC5-170-10. FDA findings. (Repealed.)

The Food and Drug Administration of the Department of Health, Education and Welfare has established that mercury levels in fish in excess of 0.5 milligrams per kilogram may be hazardous to the public health and fish containing amounts in excess of this level are seized in interstate commerce by the Food and Drug Administration.

12VAC5-170-20. Laboratory analyses of fish collected. (Repealed.)

Laboratory analysis by the Federal Water Quality Administration, Tennessee Valley Authority, Virginia Polytechnic Institute and State University, and the State Water Control Board on 90% of the fish collected from the North Fork of the Holston River showed mercury levels in excess of 0.5 milligrams per kilogram with some fish containing in excess of eight times the 0.5 milligrams per kilogram level.

Additional laboratory analysis by the Department of Health, Division of Consolidated Laboratory Services, on 226 fish collected from the North Fork of the Holston showed a mercury level in excess of 0.5 milligrams per kilogram in 88% of the fish collected, and in 14% of the fish collected the mercury level was four times the 0.5 milligrams per kilogram level. In the desirable species such as rock bass, smallmouth bass and redbreast sunfish the mean value of mercury exceeded the 0.5 milligrams per kilogram by more than two to three times this value.

12VAC5-170-30. Finding of hazardous condition. (Repealed.)

The levels of mercury which were found in the edible flesh of the fish are considered hazardous for human consumption; but the act of catching fish and releasing the fish back into the stream does not present an undue hazard to health. Acting under the authority granted to the State Board of Health in §§ 32.1-2, 32.1-12, and Chapter 1.1:1 (§ 9-6.14:1 et seq.) of Title 9 of the Code of Virginia it is ordered that the taking of fish from the North Fork of the Holston River for human consumption from Saltville, Virginia, to the Virginia-Tennessee State Line is prohibited until further notice.

12VAC5-170-40. Penalty. (Repealed.)

Violation of this chapter is a class 1 misdemeanor as set forth in 32-.1-27 of the Code of Virginia.

It is further ordered that certified copies of this order be forwarded to Governor and Attorney General; and the State Water Control Board, Boards of Supervisors of Smyth, Washington and Scott Counties.