585 Fishing; Lake Erie and boundary lakes

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 69 ]

Fishing; Lake Erie and Boundary Lakes

[44 Pa.B. 1766]
[Saturday, March 22, 2014]

 The Fish and Boat Commission (Commission) amends Chapter 69 (relating to fishing in Lake Erie and boundary lakes). 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, [phone]. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.

C. Statutory Authority

 The amendments to § 69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters) 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 change.

E. Summary of Change

 At the October 2012 Commission meeting, 45 waters were moved from the Early Season Trout Stocked Waters Program to the Approved Trout Waters Open to Year-Round Fishing Program. Included in these changes were the Water Works Ponds (East Basin Pond and West Basin Pond) on Presque Isle Bay. Regulations under the Approved Trout Waters Open to Year-Round Fishing Program permit fishing for trout year-round; however, from March 1 through the opening day of trout season, only catch and release fishing is permitted for trout. The current regulations on Lake Erie tributary streams and the Waters Works Ponds prohibit fishing from 12:01 a.m. on the Friday before the first Saturday after April 11 until 8 a.m. on the first Saturday after April 11. This was irrelevant under the Early Season Trout Stocked Waters Program since fishing was not permitted from April 1 to the opening day. However, with the change in designation to approved trout waters open to year-round fishing, fishing is permitted during the period that is currently closed to fishing immediately prior to the opening day. The Commission therefore amends § 69.12 so that the section does not conflict with the regulations for approved trout waters open to year-round fishing.

 The Commission amends § 69.12 to read as set forth in the proposed rulemaking published at 43 Pa.B. 5467 (September 14, 2013).

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 an adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form 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. 5467. The Commission did not receive public comments concerning 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 the Commission did not receive public comments concerning the proposed rulemaking.

 (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 69, are amended by amending § 69.12 to read as set forth at 43 Pa.B. 5467.

 (b) The Executive Director will submit this order and 43 Pa.B. 5467 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 43 Pa.B. 5467 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 Director

 Fiscal Note: Fiscal Note 48A-248 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 14-585. Filed for public inspection March 21, 2014, 9:00 a.m.]