808 Fishing and boating

FISH AND BOAT COMMISSION

[58 PA. CODE CHS. 69 AND 111]

Fishing and Boating

[26 Pa.B. 2328]

   The Fish and Boat Commission (Commission) proposes to amend Chapters 69 and 111 (relating to fishing in Lake Erie and boundary lakes; and special regulation counties). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments deal with fishing and boating.

   A.  Effective Date

   These proposed amendments will, if approved on final rulemaking, go into effect on January 1, 1997, or upon publication of an order adopting the regulations, whichever comes later.

   B.    Contact Person

   For further information on the proposed changes, contact Dennis Guise, Chief Counsel, [phone], P. O. Box 67000, Harrisburg, PA 17106-7000.

   C.  Statutory Authority

   These proposed amendments are published under the statutory authority of sections 2102 and 5124 of the code.

   D.  Purpose and Background

   The proposed amendments are designed to update, modify and improve Commission regulations on fishing and boating. The specific purpose for the various amendments is described in more detail under the summary of proposal.

   E.  Summary of Proposals

   (a)  Seasons, sizes and creel limits--Lake Erie and Lake Erie tributaries, §§ 69.12 and 69.13. The Commission is proposing amendments that would change bass size to a minimum of 20" and the daily creel to one from the first Saturday after April 11 through midnight Friday preceding the first Saturday after June 11. The proposed changes also would prohibit bass tournaments during the trophy bass season on Lake Erie and Presque Isle Bay.

   (b)  Bucks County, Delaware River, § 111.9(e). The New Hope Borough Council and the Solebury Township Supervisors have joined forces to request that several slow, minimum height swell speed zones be created on the Delaware River in their respective municipalities. At its July 1995, meeting, the Commission accepted the petition and ordered the publication of a notice of proposed rulemaking to establish slow no wake zones under three Delaware River bridges and a 3,000 foot area near Lumberville. At the same time, staff was directed to investigate and prepare a report on the proposed no wake zone at New Hope Borough. Although there is little in the record that would indicate that the safety of boat operators is inordinately compromised in this area by high speed operation, the character of this historic community deserves consideration. The Delaware River is not a large water body. Boating has traditionally amounted to unpowered and small fishing boats. The influx of personal watercraft and other modified outboard driven boats and the resultant noise and congestion has raised the ire of community residents who are finding lifestyles adversely changed. It was therefore proposed that an additional slow, minimum height swell speed zone be established from the Lambertville wing-dam to the New Hope Lambertville Bridge. The Boating Advisory Board (Board) discussed this item at its January 1996 meeting. The Board recommended approval with one change. The Board recommended that the proposed slow, minimum height swell speed zone be effective from 12:01 a.m. on the Friday before Memorial Day until midnight on Labor Day.

   (c)  Luzerne County, Harveys Lake, § 111.40(f). The Pennsylvania Marine Trades Association has submitted a petition asserting that the current regulations establishing a nighttime speed limit on Harveys Lake unnecesarily restrict the use of its boats and waterways and infringes upon its members' rights rights as free and responsible citizens. At its July 1995 meeting, the Commission accepted this petition and directed staff to prepare a report and make recommendations relative to the continuation of these regulations. Staff have reviewed the record concerning Harveys Lake. After considering the information contained in the file, staff recommend that the operation of boats during nighttime hours at slow, minimum height swell speed be replaced with a speed limit of 25 miles per hour. The Board reviewed this proposal at its January 1996 meeting and recommended approval.

   (d)  Susquehanna County, Laurel Lake, § 111.58(d). The Laurel Lake Association, Inc. Boating Committee has petitioned the Commission to reconsider the current 60 hp restriction on Laurel Lake, Susquehanna County. The petitioners cite the size of the lake (22 acres), more stringent restrictions on lakes of similar size, environmental concerns of the use of gasoline motors on such a small lake, the lack of enforcement by the Commission of current restrictions and interference with other uses of the lake caused by high speed operation of motorboats as valid reasons for the reconsideration. The Commission accepted the petition for further review at its July 1995 meeting and directed staff to prepare a report with recommendations for further action. After considering the use of the Laurel Lake and its physical constraints, staff recommend that additional restrictions on the operation of boats on this lake may be appropriate. The Board reviewed the report and staff recommendations at its January 1996 meeting. The Board voted to recommend that the Commission consider an alternative regulation. The Commission's Boating Committee then recommended that the Commission not approve the staff and Board recommendations. The Commission therefore proposes to keep the present regulations in effect with one change. The Commission is proposing to ban the operation of personal watercraft on Laurel Lake.

   F.  Paperwork

   The proposed amendments will not increase paperwork and will create no new paperwork requirements.

   G.  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.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note: 48A-54. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart B.  FISHING

CHAPTER 69.  FISHING IN LAKE ERIE AND BOUNDARY LAKES

§ 69.12.  Seasons, sizes and creel limits--Lake Erie.

*      *      *      *      *

   (d)  The following seasons, sizes and creel limits apply to Lake Erie and Presque Isle Bay, including peninsula waters:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*      *      *      *      *
BASS    Largemouth Bass    Smallmouth Bass	January 1 to Opening Day of trout season in April and first Saturday after June 11 until December 31	15 inches	4 (combined species)
	Opening Day of trout season in April until first Saturday after June 11.*	[--] 20 inches	[0 (closed season)] 1
*      *      *      *      *

*It is unlawful to conduct or participate in a fishing tournament (as defined in § 63.40 (relating to seasons for fishing tournaments)) for bass on Lake Erie or Presque Isle Bay during the period from opening day of trout season in April until the first Saturday after June 11.

*      *      *      *      *

§ 69.13.  Seasons, sizes and creel limits--Lake Erie tributaries.

*      *      *      *      *

   (d)  Except as provided in §§ 69.14 and 69.15 (relating to special regulations applicable during salmon season; and miscellaneous special regulations) and for those waters listed as nursery waters, the following seasons, sizes and creel limits apply to the tributary streams of Lake Erie in this Commonwealth:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*      *      *      *      *
BASS    Largemouth Bass    Smallmouth Bass	January 1 to Opening Day of trout season in April and first Saturday after June 11 until December 31	15 inches	4 (combined species)
	Opening Day of trout season in April until first Saturday after June 11.**	[--] 20 inches	[0 (closed season)] 1
*      *      *      *      *

*Smelt may be taken only in that portion of Lake Erie tributaries from the mouth of the stream on a southerly direction to State Highway No. 5, a distance of approximately ½ mile. In taking smelt from tributary streams, devices are limited to dip nets or seines not over 20 inches square or in diameter.

**It is unlawful to conduct or participate in a fishing tournament (as defined in § 63.40 (relating to seasons for fishing tournaments)) for bass on Lake Erie tributaries during the period from opening day of trout season in April until the first Saturday after June 11.

Subpart C.  BOATING

CHAPTER 111.  SPECIAL REGULATIONS COUNTIES

§ 111.9.  Bucks County.

*      *      *      *      *

   (e)  Delaware River.

   (1)  Boats are limited to slow minimum height swell speed in the following areas:

*      *      *      *      *

   (iii)  From the Lambertville wing-dam to the New Hope-Lambertville Bridge, effective from 12:01 a.m. on the Friday before Memorial Day until midnight on Labor Day.

*      *      *      *      *

§ 111.40.  Luzerne County.

*      *      *      *      *

   (f)  Harveys Lake. The speed of boats is limited to [slow, minimum height swell speed] 25 miles per hour between sunset and sunrise.

*      *      *      *      *

§ 111.58.  Susquehanna County.

   (d)  Laurel Lake.

*      *      *      *      *

   (5)  The operation of personal watercraft is prohibited.

[Pa.B. Doc. No. 96-808. Filed for public inspection May 17, 1996, 9:00 a.m.]