Aqua-Life, Inc. v. Pennsylvania Game Commission

PALLADINO, Judge.

Aqua-Life, Inc. (Petitioner) filed in our original jurisdiction1 a petition for review in the nature of a declaratory judgment challenging the refusal of the Pennsylvania Game Commission (Commission) to approve a depredation permit. Petitioner now seeks summary judgment. We deny the motion for summary judgment.

Petitioner is a Pennsylvania corporation engaged in the business of raising and selling fish, commonly referred to as “fish-farming” or “aquaculture.” The fish are raised in artificial ponds and “runs” or “raceways” on Petitioner’s premises.

Petitioner claims that large…