Final Text
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HOLSTON RIVER (REPEALED)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 (Repealed.)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 (Repealed.)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 (Repealed.)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 (Repealed.)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.