FISH AND BOAT COMMISSION [ 58 PA. CODE CHS. 63 AND 65 ] Fishing; General and Special Fishing Regulations [41 Pa.B. 6970]
[Saturday, December 31, 2011]The Fish and Boat Commission (Commission) amends Chapters 63 and 65 (relating to general fishing regulations; and special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
This final-form rulemaking will go into effect on January 1, 2012.
B. Contact Person
For further information on this final-form rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 63.43 and 65.24 (relating to fishing for bass during spring season; and miscellaneous special regulations) are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
In recent years, annual Commission biological assessment of catch rates of smallmouth bass in the lower Susquehanna River (below Sunbury) and in the lower Juniata River (below Newport) have fallen below reference catch rates of the middle to late 1990s. This has not been the case for other rivers or river reaches in this Commonwealth, including the West Branch of the Susquehanna River and the North Branch of the Susquehanna River. These decreases in catch rates have been attributed, in part, to decreases in production and survival of young.
Historically, reductions in smallmouth bass young-of-year indices could be explained, in part, by late spring river discharge. High late spring discharges tend to lead to reduced densities of young smallmouth bass, whereas lower spring discharges tend to lead to higher densities of young in summer assessments. Since 2002, while this pattern continued on the North Branch of the Susquehanna River, recruitment on the mainstem has been consistently below average. Since 2005, the Commission has documented that low flows and relatively warm water temperatures have been associated with high incidences of Columnaris bacterial disease in young-of-year bass. Columnaris is a common soil bacterium that typically does not appear unless fish are under some type of stress. Studies conducted by the United States Geological Survey in 2008 and 2009 have documented that low stream flows and warmer water temperatures are associated with relatively low dissolved oxygen levels in near shore nursery habitat for young-of-year bass. These conditions are typically associated with relatively high plant growth and point to possible nutrient loading concerns. Work continues to identify the causes of low recruitment and disease, with immediate solutions challenging a broad spectrum of scientists from state and Federal resource management agencies.
Reduced densities of smallmouth bass are likely to continue until survival of above average year classes persists through adulthood in the lower Susquehanna River and Juniata River. To preserve good quality fishing in the face of declining smallmouth bass abundance and provide for enhanced preservation of young fish recruiting to the population, the Commission amended § 65.24 to impose catch and release regulations on smallmouth and largemouth bass in portions of the Susquehanna River and Juniata River that were previously regulated under § 65.9 (relating to big bass special regulations). Currently, tournaments are prohibited during the bass spawning period in the spring, and during the remainder of the year only catch-measure-immediate release tournaments are permitted. The new regulations, which went into effect on June 11, 2011, apply to all species of black bass residing in the Susquehanna and Juniata Rivers to remain consistent with the way that black bass historically have been managed in these rivers.
For the previous reasons and as a result of the public comments received in response to the Commission's original notice of proposed rulemaking, the Commission proposed further changes to its regulations to address declining smallmouth bass populations. The proposed changes, which were published at 41 Pa.B. 2976 (June 11, 2011), included imposing a closed season for bass during the spawning period and extending the catch and release and closed season regulations into the tributaries to these rivers.
Specifically, the Commission proposed instituting a closed season from mid-April (12:01 a.m. the first Saturday after April 11) to mid-June (12:01 a.m. the first Saturday after June 11) on the lower Susquehanna and lower Juniata Rivers to reduce angling related stress during the spawning period which will provide additional protection to the bass populations of the main rivers. The Commission also proposed extending the catch and release and closed season regulations into the tributaries to further protect the mainstem fisheries as staff have documented that some bass do move into the tributaries from the rivers from time to time. This proposed action was also intended to simplify enforcement of the regulations for anglers fishing near the tributary mouths. The Commission proposed that the regulations extend to a point 1/2 river-mile upstream from the mouth of all tributaries to the affected reaches of the Susquehanna and Juniata Rivers.
The Commission considered the public comments and sought input from several guides who operate their businesses in the portion of the rivers affected by the proposed rulemaking. These discussions revealed that the major concern of the guides was the length of the proposed closed season. The Commission therefore made modifications to the proposed amendments upon final adoption.
E. Summary of Changes
On final adoption, the Commission amended § 65.24 to read as set forth in Annex A. Specifically, the Commission adopted the amendments as proposed except that it shortened the closed season. Instead of beginning at 12:01 a.m. the first Saturday after April 11, the closed season begins on May 1. For consistent application of seasonal restrictions, the Commission prohibited tournaments during the same period. The Commission also amended § 63.43 to read as set forth in the proposed rulemaking to clarify that it does not apply to portions of the Susquehanna and Juniata Rivers and their tributaries that are regulated under § 65.24.
F. Paperwork
The final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will not have direct adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will not impose new costs on the general public. Some members of the private sector have asserted that the closed season during the spring spawning period will have negative financial implications for bass fishing tournament organizers, fishing guides and other fishing-related businesses.
H. Public Involvement
Notice of proposed rulemaking was published at 41 Pa.B. 2976. The Commission received over 50 public comments regarding the proposed rulemaking prior to the formal public comment period. No comments were received during the formal comment period. The nature of the comments ranged widely. Most commentators were opposed to the closed season portion of the proposed rulemaking. Concerns were expressed by a number of businesses and guides regarding the economic impact of a closed season. Many commentators stated that the main problem with the rivers' fisheries is water quality rather than impacts from fishing. Another commented that the proposed amendments would be difficult to enforce. Some questioned whether the data and science are adequate to support the regulation. A number of commentators expressed their concerns with the impacts of guided fishing in the spring. Commentators expressed little concern with extending both the catch and release regulation and the closed season into the mouths of tributaries. Copies of the public comments were provided to the Commissioners. Additionally, on July 6, 2011, Commission staff met with several guides that operate their businesses in the portion of the Susquehanna and Juniata Rivers affected by the proposed rulemaking.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and all public comments received were considered.
(3) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 63 and 65, are amended by amending § 63.43 to read as set forth at 41 Pa. B. 2976 and § 65.24 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director shall submit this order, 41 Pa.B. 2976 and Annex A to the Office of Attorney General for approval as to legality and form as required by law.
(c) The Executive Director shall certify this order, 41 Pa.B. 2976 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon January 1, 2012.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-230 remains valid for the final adoption of the subject regulations.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart B. FISHING CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations * * * * * Cumberland, Dauphin, Juniata, Lancaster, Northumberland, Perry, Snyder, York Susquehanna River
(98.0 miles) from the inflatable dam near Sunbury downstream to Holtwood Dam, including all tributaries to a point 1/2 mile upstream from the confluenceBass (smallmouth and largemouth)—From May 1 to 12:01 a.m. the first Saturday after June 11—Closed season; no tournaments. During the closed season, it is unlawful to target or attempt to catch a bass. A bass that is accidentally caught during the closed season must be immediately released unharmed without being removed from the water. It is unlawful to possess bass in, on or along these waters.
Remainder of the year—No harvest—Catch and immediate release only; catch-measure-immediate release tournaments only.Dauphin, Juniata, Perry Juniata River (31.7 miles) from SR0075 bridge at Port Royal downstream to the mouth, including all tributaries to a point
1/2 mile upstream
from the confluenceBass (smallmouth and largemouth)—From May 1 to 12:01 a.m. the first Saturday after June 11—Closed season; no tournaments. During the closed season, it is unlawful to target or attempt to catch a bass. A bass that is accidentally caught during the closed season must be immediately released unharmed without being removed from the water. It is unlawful to possess bass in, on or along these waters. Remainder of the year—No harvest—Catch and immediate release only; catch-measure-immediate release tournaments only. * * * * * [Pa.B. Doc. No. 11-2216. Filed for public inspection December 30, 2011, 9:00 a.m.]
