FISH AND BOAT COMMISSION [ 58 PA. CODE CH. 65 ] Fishing; Special Fishing Regulations [41 Pa.B. 2950]
[Saturday, June 11, 2011]The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special 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 of this order 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 amendment to § 65.24 (relating to miscellaneous special regulations) is 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 final-form rulemaking is described in more detail under the summary of changes.
E. Summary of Changes
In recent years, annual Commission biological assessment catch rates of smallmouth bass in the lower Susquehanna River (below Sunbury) and in the lower Juniata River (below Newport) have fallen below reference catch rates of the middle to late 1990s. This has not been the case for other rivers or river reaches in this Commonwealth, including the West Branch of the Susquehanna River and the North Branch of the Susquehanna River. These decreases in catch rates have been attributed, in part, to decreases in production and survival of young.
Historically, reductions in smallmouth bass young-of-year recruitment could be explained, in part, by late spring river discharge. High late spring discharges tend to lead to reduced densities of young smallmouth bass, whereas lower spring discharges tend to lead to higher densities of young in summer assessments. Since 2002, while this pattern continued on the North Branch, recruitment on the mainstem has been consistently below average. Since 2005, the Commission has documented that low flows and relatively warm water temperatures have been associated with high incidences of Columnaris bacterial disease in young-of-year bass. Columnaris is a common soil bacterium that typically does not appear unless fish are under some type of stress. Studies conducted by the United States Geological Survey in 2008 and 2009 have documented that low stream flows and warmer water temperatures are associated with relatively low dissolved oxygen levels in near shore nursery habitat for young-of-year bass. These conditions are typically associated with relatively high plant growth and point to possible nutrient loading concerns. Work continues to identify the causes of low recruitment and disease, with immediate solutions challenging a broad spectrum of scientists from State and Federal resource management agencies.
Reduced densities of smallmouth bass are likely to continue until survival of above average year classes persists through adulthood in the lower Susquehanna River and Juniata River. To preserve good quality fishing in the face of declining smallmouth bass abundance and provide for enhanced preservation of young fish recruiting to the population, the Commission proposed amending § 65.24 to impose catch and release regulations on smallmouth and largemouth bass in portions of the Susquehanna River and Juniata River that are currently regulated under § 65.9 (relating to big bass special regulations). Tournaments will be prohibited during the bass spawning period in the spring. During the remainder of the year, catch-measure-immediate release tournaments only will be permitted. The final-form rulemaking will apply to all species of black bass residing in the Susquehanna and Juniata Rivers to remain consistent with the way that black bass historically have been managed in these rivers. The Commission believes that action is necessary now to reduce fishing mortality since improvements in recruitment indices in the lower Susquehanna River and the lower Juniata River have not been evident and are impossible to forecast in advance.
The Commission remains steadfast in its commitment to improving and sustaining high quality black bass fishing in the Susquehanna drainage and throughout this Commonwealth. Commission staff will continue monitoring the abundance of all sizes of smallmouth bass and continue indexing production of young. The Commission may revisit these regulations in the future depending on the condition of the fishery.
The Commission accordingly amends § 65.24 to read as set forth in the proposed rulemaking published at 40 Pa.B. 7238 (December 18, 2010).
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 final-form rulemaking will not impose new costs on the private sector or the general public. Some members of the private sector and regulated community have asserted that the final-form rulemaking will have a negative financial impact on bass fishing tournament organizers and bait and tackle merchants.
H. Public Involvement
The proposed rulemaking containing the proposed amendments and soliciting public comments for 90 days was published at 40 Pa.B. 7238. The public comment period ended on March 17, 2011. Prior to the public comment period, the Commission received 74 comments. The Commission received 78 comments during the official period. Comments received after the close of the comment period were not counted. The majority of the comments received support the proposed rulemaking. Some of the common themes of the comments are as follows: the main problem is water quality not angler harvest; the regulation will not help recruitment; guides may impact bass by fishing during the spawning season; the Commission should develop a permit system for livewell tournaments; the Commission should close the spawning season to fishing; and the Commission should expand the regulations into the tributaries. Copies of all public comments were provided to the Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment 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 all public comments received were considered.
(3) The adoption of the amendment 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 65, are amended by amending § 65.24 to read as set forth at 40 Pa.B. 7238.
(b) The Executive Director will submit this order and 40 Pa.B. 7238 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 40 Pa.B. 7238 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(Editor's Note: See 41 Pa.B. 2976 (June 11, 2011) for a proposal to amend § 65.24.)
Fiscal Note: Fiscal Note 48A-223 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 11-962. Filed for public inspection June 10, 2011, 9:00 a.m.]
