FISH AND BOAT COMMISSION [58 PA. CODE CHS. 63, 65 AND 111] Baitfish; Special Fish Regulation; Special Boating Regulations [30 Pa.B. 2373] The Fish and Boat Commission (Commission) proposes to amend Chapters 63, 65 and 111 (relating to general fishing regulations; special fishing regulations; and special regulations counties). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to fishing and boating.
A. Effective Date
The proposed amendments, if approved on final rulemaking, will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed changes, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendment to Chapter 63 is published under the statutory authority of section 2102 of the code (relating to rules and regulations). The proposed amendment to Chapter 65 is published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes). The proposed amendment to Chapter 111 is published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations relating to fishing and boating. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Section 63.44 (relating to illegal baitfish). Until 1980, when the code was recodified, it was illegal to use goldfish as a baitfish. However, during the recodification, this prohibition was inadvertently omitted. Recently, the Commission's Bureau of Fisheries took action to prohibit the sale of the four species of baitfish (specifically, Goldfish (Carassius auratus), Comets (Carassius auratus), Koi (Cyprinus carpio) and Common carp (Cyprinus carpio)) by individuals possessing a live bait dealer's license. To be consistent with this current change and also correct the previous omission, the Commission proposes the new regulation to read as set forth in Annex A.
(2) Section 65.24 (relating to miscellaneous special regulations). A recent review of the Commission's regulations revealed that there are two miscellaneous special regulations that state that the creel limit for trout is eight per day. When the Commission amended its Statewide trout regulations last year to reduce the creel limit from eight to five, these miscellaneous regulations should have been amended as well. Accordingly, the Commission proposes the amendment to read as set forth in Annex A.
On March 11, 2000, the Commission's Executive Director, acting under the authority of § 65.25 (relating to temporary changes to fishing regulations), took immediate action to modify temporarily the miscellaneous special regulations to read as set forth in Annex A. This notice was published at 30 Pa. B. 1432 (March 11, 2000).
(3) Section 111.67 (relating to York County). The Commission's regulations in § 111.67(c)(3) and (d)(3), require boaters under 9 years of age and nonswimmers to wear United States Coast Guard approved PFDs on Lake Redman and Lake Williams, respectively. The Commission promulgated these regulations prior to the Statewide regulation in § 97.1(h) (relating to personal flotation devices) requiring children 12 years of age and younger to wear an approved Type I, II, III or V PFD while underway on any boat 20 feet or less in length and all canoes and kayaks. In an effort to resolve this inconsistency, the Commission proposes to delete § 111.67(c)(3) and (d)(3).
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments will impose no 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 amendments to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-107. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart B. FISHING CHAPTER 63. GENERAL FISHING REGULATIONS § 63.44. Illegal baitfish.
It is unlawful for a person to use or possess Goldfish (Carassius auratus), Comets (Carassius auratus), Koi (Cyprinus carpio) and Common carp (Cyprinus carpio) as baitfish while 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 * * * * * Huntingdon Raystown Lake (includes Raystown Branch from the Raystown Dam downstream to confluence with the Juniata River). Trout (all species)--no closed season. Creel limits: Regular inland season--[eight] 5. Day after Labor Day to opening day of next regular inland season--[three] 3 (combined species). Size limits: Inland rules apply. Smelt may be taken from shore or by wading by means of dip nets not to exceed 20 inches in diameter or 20 inches square. The daily limit per person is the greater of 1 gallon of smelt by volume or 200 smelt by number. Executive Director or a designee may issue permits for use of cast nets or throw nets for taking only gizzard shad and alewife on Lake Raystown. In addition to other permit conditions that the Executive Director may require, the permits shall be limited to cast nets or throw nets of no greater than 6 feet in radius (12 feet in diameter) with a mesh size of at least 3/8 inches. * * * * * Somerset, Fayette, Westmoreland and Allegheny Youghiogheny River from Reservoir downstream to confluence with Casselman River Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit--Opening day of trout season to Labor Day--[eight] 5 trout per day; day after Labor Day to midnight, March 31 of the following year: [three] 3 trout per day. Inland regulations apply to warmwater/coolwater species. * * * * *
Subpart C. BOATING CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.67. York County.
* * * * * (c) Lake Redman.
* * * * * [(3) Boaters under 9 years of age, and nonswimmers, shall wear United States Coast Guard approved lifesaving devices.]
[(4)] (3) * * *
* * * * * (d) Lake Williams.
* * * * * [(3) Boaters under 9 years of age, and nonswimmers, shall wear United States Coast Guard approved personal flotation devices.
(4)] (3) * * *
* * * * * [(5)] (4) * * *
[Pa.B. Doc. No. 00-789. Filed for public inspection May 12, 2000, 9:00 a.m.]
