Lawmakers question commission about Bruner Island fish kill; agency explains damage valuation process

Representative Anderson raised a constituent complaint about a fish kill near York Haven, Bruner Island, and asked what penalties or remedies the commission can pursue when industrial cooling-tower operations change water temperature without notifying regulators.

"We determined DEP responded with one of your conservation officers, and determined it was because of cooling towers being turned off, on in the electric company," Representative Anderson said, asking whether there are penalties and what the commission can do beyond turning the matter over to DEP or federal regulators.

Colonel Jeff Sabo, head of the commission's Bureau of Law Enforcement, described the agency's investigative and valuation process. He said officers use a fish-kill tally sheet that lists species and assigns a dollar value by species and size. He said the commission uses established replacement-cost tables published by the American Fisheries Society (often referred to in the discussion as the "Blue Book") to calculate damages and that environmental-services biologists assist in investigations when non-game species such as freshwater mussels are affected.

"We actually have what we call a fish kill tally sheet that lists all the different species ... each one of them is assigned to dollar value based upon size," Sabo said. "... those dollars something called the Blue Book, the American Fishery Society publishes that on a regular basis."

The committee exchange clarified that DEP and, where relevant, FERC handle regulatory permits for industrial facilities, while the Fish and Boat Commission documents fish losses and can seek replacement costs in enforcement or civil remediation processes.

Why it matters: Fish kills can indicate permit or operational violations with environmental and economic consequences. The commission's valuation method determines recoverable damages and informs enforcement and remediation.