[ 58 PA. CODE CHS. 61 AND 65 ] Fishing; Seasons, Sizes and Creel Limits; Special Fishing Regulations [43 Pa.B. 7097]
[Saturday, December 7, 2013]The Fish and Boat Commission (Commission) proposes to amend Chapters 61 and 65 (relating to seasons, sizes and creel limits; and special fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect on January 1, 2015.
B. Contact Person
For further information on the proposed rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to § 61.1 (relating to Commonwealth inland waters) are published under the statutory authority of section 2102(b) of the code (relating to rules and regulations). The proposed amendments to § 65.12 (relating to the Regional Opening Day of Trout Season Program) are published under the statutory authority of section 2102(a) of the code.
D. Purpose and Background
The specific purpose and background of the proposed rulemaking is described in more detail under the summary of proposal.
E. Summary of Proposal
Under a proposed statement of policy, the Commission proposes to amend § 57.8a (relating to Class A wild trout streams). Specifically, the Commission proposes the stocking of a limited number of Class A designated streams under certain conditions. Along with this proposed change, the Commission proposes that any Class A streams that are stocked be treated the same as other wild trout streams with respect to harvest during the extended season. Specifically, wild trout streams are closed to harvest beginning 12:01 a.m. the day after Labor Day to midnight the last day of February of the following year. Under §§ 61.1 and 65.12, approved trout waters and all waters downstream of approved trout waters are open to harvest with a three fish limit. There are currently at least 22 streams comprising 29 streamsections designated as Class A and that occur downstream of an approved trout water section. The proposed amendments will result in all Class A streams being regulated the same relative to harvest and consistent with other wild trout streams that are not approved trout waters. This additional level of protection is consistent with treating our best wild trout waters with a greater level of protection than streams whose trout fisheries are partially or totally provided by stocking, where put-and-take is the preferred management approach.
The Commission therefore proposes to amend §§ 61.1 and 65.12 to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose new costs on the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 90 days after publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.fishandboat.com/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
JOHN A. ARWAY,
Executive Director(Editor's Note: See 43 Pa.B. 7107 (December 7, 2013) for a proposed statement of policy relating to this proposed rulemaking.)
Fiscal Note: 48A-253. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart B. FISHING CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 61.1. Commonwealth inland waters.
* * * * * (d) Except as otherwise provided in this subpart, the following seasons, sizes and creel limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon) Regular Season: 8 a.m. first Saturday after April 11 to midnight Labor Day 7 inches 5 (combined species) except areas with special regulations (see Chapter 65 (relating to special fishing regulations)) Extended Season:
Approved trout waters and all waters downstream of approved trout waters7 inches 3 (combined species), except Class A wild trout streams, where the daily limit is 0, and areas with special regulations (see Chapter 65) 12:01 a.m. day after Labor Day to midnight last day of February of the following year * * * * * CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.12. Regional Opening Day of Trout Season Program.
* * * * * (b) It is unlawful to fish in waters designated as part of the Regional Opening Day of Trout Season Program except in compliance with the following seasons, sizes and creel limits:
SEASONS MINIMUM SIZE DAILY LIMIT Regular Season: 8 a.m. first Saturday after March 28 to midnight Labor Day 7 inches 5 (combined species) except areas with special regulations (see Chapter 65 (relating to special fishing regulations)) Extended Season:
Approved trout waters and all waters downstream of approved trout waters
12:01 a.m. day after Labor Day to midnight last day of February of the following year
7 inches 3 (combined species) except Class A wild trout streams where the daily limit is 0, and areas with special regulations (see Chapter 65) * * * * * [Pa.B. Doc. No. 13-2264. Filed for public inspection December 6, 2013, 9:00 a.m.]
