FISH AND BOAT COMMISSION [ 58 PA. CODE CH. 63 ] Fishing; Authorized Devices [44 Pa.B. 1762]
[Saturday, March 22, 2014]The Fish and Boat Commission (Commission) amends Chapter 63 (relating to general fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the 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 §§ 63.6 and 63.10 (relating to authorized devices for game fish, baitfish and fishbait; and ice fishing) are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The final-form rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
Section 63.6 limits the number of hooks per line to three (a single hook, as defined in this Commonwealth, may contain up to three points). Recently, several individuals and a representative from a tournament angling organization requested that the Commission accommodate use of the ''Alabama rig.'' The Alabama rig is an umbrella type rig that contains five lures on short wire lines that merge to one point for attachment to a fishing line. The Alabama rig has been observed to be used in this Commonwealth by the Division of Fisheries Management staff as fished with three hooked lures and two ''teaser'' lures not containing hooks. After the Bureau of Fisheries and the Bureau of Law Enforcement explored the issue, a sound biological or enforcement reason was not found to change the regulation to allow for this type of tackle.
Although initial interest to change the regulation came from a black bass organization, changes to the regulation would affect other species as well. Striped bass anglers also use this type of device.
With respect to black bass, it appears that use of the rig in other states has been directed to a rather small component of black bass populations, that is, bass that occupy habitats that were lightly exploited or that were previously not vulnerable to capture using conventional gear types. Where habitats exist and are occupied by black bass in this Commonwealth, the Commission might expect an increase in catch. The fraction of catch that is harvested is typically low for black bass, 7% as measured in the 2007 Susquehanna River Creel survey. Likewise, the percentage of released bass that perish is typically low (10-12%) as measured in reservoirs in this Commonwealth and elsewhere using conventional tackle. Commission staff presume that catch and release loss associated with the Alabama Rig will likewise be low.
Commission staff looked at the regulations of surrounding states and found that there is not a real consensus in terms of a limit on hooks. Several states allow more than three hooks or do not have a limit on hooks. New Jersey allows up to nine hooks or three treble hooks per line while New York allows five baits/lures. Virginia and West Virginia do not have limits on rods or hooks except for trout fishing. Ohio is the only state that has a regulation that closely mirrors the Commonwealth's with a two-rod/three-hook maximum. The Commission therefore proposed that § 63.6 be amended to provide that there will not be a restriction on the number of hooks used for fishing for game fish or baitfish.
After the Commission approved the publication of the proposed rulemaking, staff discovered that there is a reference in § 63.10 to the number of hooks that are permitted to be attached to each line while fishing. That number is limited to three. To be consistent with the previously proposed changes to § 63.6, the Commission also adopts the change to § 63.10 in this final-form rulemaking.
In response to the proposed rulemaking, the Commission received a comment from the Ohio Department of Natural Resources, Division of Wildlife, expressing concerns that implementing the new rule on the Pymatuning Reservoir where Pennsylvania and Ohio exercise concurrent jurisdiction will cause confusion among anglers fishing in the lake. The Commission, therefore, on final-form rulemaking, adopts the amendments except on the Pymatuning Reservoir.
The Commission amends §§ 63.6 and 63.10 to read as set forth in Annex A.
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 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 Involvement
Notice of proposed rulemaking was published at 43 Pa.B. 5466 (September 14, 2013). The Commission received five comments. Prior to the official public comment period, the Commission received three comments concerning the proposal, two of which supported it and one of which opposed it. The Commission received one comment opposing it during the official public comment period. After the public comment period, the Commission received the comment from the Ohio Department of Natural Resources. Copies of the public comments were provided to the Commissioners.
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 the 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 Chapter 63, are amended by amending §§ 63.6 and 63.10 to read as set forth in Annex A.
(Editor's Note: Section 63.10 was not included in the proposed rulemaking published at 43 Pa.B. 5466.)
(b) The Executive Director will submit this order 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 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-249 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 63. GENERAL FISHING REGULATIONS § 63.6. Authorized devices for game fish, baitfish and fishbait.
(a) It is unlawful to fish for game fish with more than three lines of any description, whether fished by rod or by hand, at one time except while ice fishing in accordance with § 63.10 (relating to ice fishing). There is not a restriction on the number of hooks used for fishing for game fish, except when fishing in the Pymatuning Reservoir where no more than three hooks shall be attached to each line used in fishing. Rods, lines and hooks shall be under the immediate control of the person using them. A fishing device shall be deemed to be under the immediate control of the person using it if, when the terminal device (hook, bait or lure) is taken by a fish, the person using the device has direct control over it and it is not connected at that point to a casting or depth placement aid such as a casting boat or downrigger. Casting or depth placement aids such as downriggers or small remote controlled boats are not prohibited by this chapter.
(b) It is unlawful to fish for baitfish with more than three lines of any description, whether fished by rod or by hand, at one time; a dip-net or minnow seine not over 4 feet square or 4 feet in diameter, and a minnow trap, with not more than two openings, which may not exceed 1 inch in diameter. There is not a restriction on the number of hooks used for fishing for baitfish, except when fishing in the Pymatuning Reservoir where no more than three hooks shall be attached to each line used in fishing. Rods, lines, hooks, nets and seines used in fishing for fishbait and baitfish shall be under the immediate control of the person using the same. For the purposes of this subpart, gizzard shad (Dorosoma cepedianum) 8 inches or less in length are considered baitfish.
(c) For purposes of this section, a hook is considered a fishing device with no more than three points or barbs.
(d) It is unlawful to use more than three lines at any time, except while ice fishing in accordance with § 63.10, when fishing for game fish, baitfish or both.
(e) It is unlawful to use any type of net or seine to catch or take game fish. A landing net may be used to land game fish legally caught by hook and line.
§ 63.10. Ice fishing.
(a) Ice fishing is fishing through holes in the ice.
(b) It is unlawful while ice fishing to use more than five fishing devices, which may consist of rods, hand lines, tip ups or any combination thereof. Each device shall contain a single fishing line. There is not a restriction on the number of hooks that may be used for ice fishing, except when fishing in the Pymatuning Reservoir where no more than three hooks shall be attached to each line used in fishing.
(c) Rods, lines and tip-ups used in ice fishing shall be under the immediate control of the person using the same.
(d) It is unlawful to fish through holes in the ice that measure more than 10 inches between the farthest points as measured in any direction.
[Pa.B. Doc. No. 14-583. Filed for public inspection March 21, 2014, 9:00 a.m.]
