FISH AND BOAT COMMISSION [58 PA. CODE CHS. 61, 63, 65 AND 69] Fishing [36 Pa.B. 2708]
[Saturday, June 3, 2006]The Fish and Boat Commission (Commission) proposes to amend Chapters 61, 63, 65 and 69. The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect on January 1, 2007.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposal is available on the Commission's website at www.fish. state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 61.1, 61.2, 63.3, 65.26, 69.12 and 69.12a are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The proposed amendment to § 63.20 (relating to permits for the protection and management of trout and salmon) is published under the statutory authority of section 2904 of the code (relating to permits for protection and management of particular fish). The proposed amendments to §§ 65.4a, 65.7, 65.9 and 65.24 and proposed § 65.12 (relating to Regional Opening Day of Trout Season Program) are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's fishing regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposals.
E. Summary of Proposals
(1) Sections 61.1 and 65.26. Recently, a question arose as to which waters the extended season applies. Section 61.1 (relating to Commonwealth inland waters) states that the extended season applies to ''streams listed as approved trout waters and all waters downstream of streams listed as approved trout waters, plus lakes and ponds.'' Section 65.26 (relating to extended trout season), on the other hand, states that the extended season is in effect on ''approved trout waters and downstream areas, plus lakes and ponds.'' The wording of these sections does not reflect that lakes and ponds themselves can be approved trout waters or that lakes and ponds can be waters downstream of approved trout waters. Therefore, the Commission proposes that these sections be amended to provide that the extended season applies to approved trout waters and all waters downstream of approved trout waters. The Commission proposes that these sections be amended to read as set forth in Annex A.
(2) Section 63.20. Under § 63.20(e), a trout/salmon permit is required when persons fish in streams or rivers that are approved trout waters or their tributaries during the 2-week period that begins on the first Saturday after April 11. However, this 2-week period does not cover the period when the Commission is actively stocking trout. Therefore, the Commission proposes that § 63.20 be amended to provide that a trout/salmon permit is required when persons fish in streams and rivers that are approved trout waters or their tributaries from March 1 through May 31. This period more accurately reflects the period during which the majority of the Commission's stocking occurs. In addition, the requirement is consistent with the Commission's thinking that trout are the primary species being targeted by anglers during that time period. The Commission accordingly proposes that § 63.20 be amended to read as set forth in Annex A.
(3) Sections 65.12 and 61.1, 61.2, 63.3, 65.4a, 65.7, 65.9, 65.24, 69.12 and 69.12a. Under the current regulations for Commonwealth inland waters, the opening day of the regular trout season occurs on the first Saturday after April 11. Considering the fact that differences exist in climate across this Commonwealth, the time frame for providing optimum conditions for trout angling during the spring is earlier in portions of southern Pennsylvania, particularly in southeastern Pennsylvania. For example, in southeastern Pennsylvania, air temperatures tend to be warmer earlier in the spring as compared with other regions of this Commonwealth. These warmer temperatures also provide conditions better suited for trout angling at an earlier time in the spring in this region of this Commonwealth. However, these same warming conditions also can limit trout angling opportunities by mid-spring on many southeastern Pennsylvania waters. The combination of a mid-April opening day and the potential for these waters to become too warm for trout angling by mid-May constricts the amount of time that trout angling can be provided. The Commission therefore proposes the establishment of an earlier opening day in this region of this Commonwealth to address this problem.
Another issue that an earlier opening day in southeastern Pennsylvania will address is the growing concerns with the movement of stocked trout prior to opening day as well as the fact that some fish die between the time of stocking and opening day. A southeast regional opening day will provide the opportunity to stock trout in southeastern Pennsylvania earlier for the earlier opening day and shift the stocking to the other regions for the later opening day. This will effectively help to shorten the times between stocking and opening day throughout this Commonwealth.
The Commission reviewed several alternative boundaries for the southeast regional opening day and proposes to utilize the alternative that covers the following 18 counties: Adams, Berks, Bucks, Chester, Cumberland, Dauphin, Delaware, Franklin, Juniata, Lancaster, Lebanon, Lehigh, Montgomery, Northampton, Perry, Philadelphia, Schuylkill and York. This alternative includes the stream sections and lakes set forth in the lists that follow this preamble.
To provide for an earlier opening day in southeastern Pennsylvania, the Commission proposes to add a special regulations program entitled Regional Opening Day of Trout Season Program in § 65.12. The Regional Opening Day of Trout Season Program will allow the Executive Director, with the approval of the Commission, to designate waters in certain regions as waters subject to the Regional Opening Day of Trout Season regulations. The opening day of trout season for these waters will be the first Saturday after March 28, 2 weeks earlier than the current opening day. The Commission proposes § 65.12 to read as set forth in Annex A.
The Commission also proposes that trout stocked lakes in this region that are currently managed under § 65.10 (relating to Early Season Trout Stocked Waters Program) will be managed under the new regional opening day regulation. These waters are designated with an asterisk in the list following this preamble.
The waters that the Commission proposes to be selected initially for inclusion in this program are located in southeastern Pennsylvania. This program, however, may be extended in the future to waters in other parts of the Commonwealth where conditions support their inclusion in the program.
With the creation of a regional opening day, § 61.1 and § 63.3 (relating to fishing in approved trout waters) must be amended to reflect that it is unlawful to fish in approved trout waters regulated under the Regional Opening Day of Trout Season Program from 12:01 a.m. on March 1 to 8 a.m. on the first Saturday after March 28. This proposed prohibition is in addition to the current prohibition against fishing in approved trout waters regulated under § 61.1 from 12:01 a.m. on March 1 to 8 a.m. on the first Saturday after April 11. The creation of a regional opening day also requires minor amendments to §§ 61.1, 61.2, 65.4a, 65.7, 65.9, 65.24, 69.12 and 69.12a to clarify that the opening day that is referred to in those sections is the opening day of the regular trout season (that is, the first Saturday after April 11). The Commission proposes that these sections be amended to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will not have an adverse fiscal impact on the Commonwealth or its political subdivisions. However, the Commission will incur relatively nominal costs to print and post new signs for waters included in the Regional Opening Day of Trout Season Program. The proposed rulemaking 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 rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.state.pa.us/Fish/regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-183. (1) Fish Fund; (2) Implementing Year 2006-07 is $5,000; (3) 1st Succeeding Year 2007-08 is $0; 2nd Succeeding Year 2008-09 is $0; 3rd Succeeding Year 2009-10 is $0; 4th Succeeding Year 2010-11 is $0; 5th Succeeding Year 2011-12 is $0; (4) 2005-06 Program--$0; 2004-05 Program--$0; 2003-04 Program--$0; (7) General Government Operations; (8) recommends adoption.
Streams proposed for inclusion in the Regional Opening Day of Trout Season Program
(18-County Option)Bold are crossover sections or streams Water Name
Section
County 1
County 2
County 3
Length (miles)
Antietam Creek East Branch 2 Adams Franklin 4.225 Bermudian Creek 2 Adams 3.081 Bermudian Creek 4 Adams 1.220 Carbaugh Run 3 Adams Franklin 1.367 Conewago Creek 3 Adams 2.485 Conewago Creek 5 Adams 6.649 Conococheague Creek 2 Adams Franklin 3.902 Latimore Creek 2 Adams 5.654 Marsh Creek 2 Adams 5.704 Marsh Creek Ltl. 2 Adams 2.361 Marsh Creek Ltl. 3 Adams 4.847 Middle Creek 2 Adams 5.903 Opossum Creek 2 Adams 8.264 Toms Creek 2 Adams 4.753 Antietam Creek 2 Berks 1.864 Antietam Creek 4 Berks 2.485 Furnace Creek 2 Berks 2.734 Hay Creek 2 Berks 2.361 Hay Creek 3 Berks 3.977 Kistler Creek 2 Berks Lehigh 2.479 Lehigh Creek Ltl. 2 Berks Lehigh 3.231 Maiden Creek 1 Berks 2.485 Maiden Creek 2 Berks 2.299 Manatawny Creek 2 Berks 7.394 Manatawny Creek 4 Berks 3.169 Mill Creek 2 Berks Lebanon 1.988 Mill Creek 2 Berks 5.654 Mill Creek 3 Berks 3.045 Muddy Creek Ltl. 2 Berks Lancaster 3.480 Northkill Creek 3 Berks 5.903 Ontelaunee Creek 2 Berks Lehigh 9.383 Perkiomen Creek 3 Berks Montgomery 3.728 Pine Creek 2 Berks 4.163 Rock Run 2 Berks Lancaster 3.418 Sacony Creek 2 Berks 3.293 Sacony Creek 3 Berks 1.491 Spring Creek 2 Berks 2.175 Swamp Creek 2 Berks Lancaster 3.200 Swatara Creek Ltl. 2 Berks 5.095 Tulpehocken Creek 2 Berks Lebanon 12.179 UNT Pine Creek (Eckville) 2 Berks 0.932 Willow Creek 3 Berks 1.901 Wyomissing Creek 2 Berks 2.591 Delaware Canal 5 Bucks 8.575 Neshaminy Creek 2 Bucks 1.932 Neshaminy Creek 4 Bucks 1.040 Perkiomen Creek East Branch 2 Bucks 3.915 Unami Creek 2 Bucks 3.293 Lizard Creek 2 Carbon Schuylkill 2.361 Lizard Creek 4 Carbon 7.084 Mahoning Creek 2 Carbon Schuylkill 2.983 Mahoning Creek 3 Carbon 7.705 Beaver Creek 2 Chester 2.983 Brandywine Creek East Branch 2 Chester 5.220 Brandywine Creek West Branch 3 Chester 3.790 Buck Run 2 Chester 3.604 Elk Creek Bg. 1 Chester 4.660 Elk Creek East Branch 2 Chester 2.423 French Creek 2 Chester 8.388 French Creek 4 Chester 7.146 Pickering Creek 2 Chester 2.051 Pocopson Creek 2 Chester 4.536 Valley Creek West 2 Chester 2.113 White Clay Creek 1 Chester 1.181 White Clay Creek East Branch 2 Chester 7.767 White Clay Creek East Branch 3 Chester 2.548 White Clay Creek M. Branch 2 Chester 5.654 Green Spring Creek 3 Cumberland 0.994 Middle Spring Creek 2 Cumberland Franklin 5.779 Mountain Creek 3 Cumberland 3.169 Mountain Creek 5 Cumberland 4.785 Spring Creek Bg. 3 Cumberland 1.056 Spring Creek Bg. 4 Cumberland 1.305 Yellow Breeches Creek 2 Cumberland 14.602 Yellow Breeches Creek 4 Cumberland York 27.713 Armstrong Creek 2 Dauphin 7.394 Clark Creek 2 Dauphin 7.021 Clark Creek 3 Dauphin 5.965 Clark Creek 5 Dauphin 9.321 Mahantango Creek 3 Dauphin Schuylkill Northumberland 21.089 Manada Creek 3 Dauphin 8.451 Pine Creek 4 Dauphin Schuylkill 3.790 Powell Creek 1 Dauphin 6.841 Powell Creek 3 Dauphin 6.071 Powell Creek South Fork 2 Dauphin 2.485 Rattling Creek 1 Dauphin 2.113 Rattling Creek West Branch 2 Dauphin 2.299 Stony Creek 3 Dauphin 6.835 Wiconisco Creek 2 Dauphin 13.266 Wiconisco Creek 4 Dauphin 1.603 Chester Creek 4 Delaware 4.474 Chester Creek West Branch 2 Delaware 4.101 Darby Creek 2 Delaware 6.400 Darby Creek 3 Delaware 5.468 Darby Creek Ltl. 2 Delaware 0.808 Ithan Creek 2 Delaware 1.864 Ridley Creek 2 Delaware 3.107 Antietam Creek East Branch 4 Franklin 1.630 Antietam Creek West Branch 2 Franklin 4.287 Antietam Creek West Branch 3 Franklin 6.649 Buck Run 3 Franklin 1.988 Conococheague Creek 3 Franklin 13.049 Conococheague Creek 4 Franklin 5.903 Conocochge Creek West Branch 2 Franklin 14.726 Conocochge Creek West Branch 3 Franklin 15.037 Conodoguinet Creek 2 Franklin 7.270 Cove Creek Ltl. 2 Franklin 6.705 Dennis Creek 2 Franklin 2.858 Falling Spring Branch 5 Franklin 0.761 Rowe Run 2 Franklin 1.864 Blacklog Creek 2 Huntingdon Juniata 21.499 Tuscarora Creek 2 Huntingdon Juniata 16.528 Big Run 2 Juniata 2.051 Cocolamus Creek 3 Juniata 9.942 Delaware Creek 2 Juniata 4.660 Horning Run 2 Juniata 3.355 Horse Valley Run 2 Juniata Perry 6.276 Laurel Run 2 Juniata Perry 3.977 Licking Creek East 4 Juniata 5.344 Licking Creek East 5 Juniata 9.258 Lost Creek 3 Juniata 8.513 Beaver Creek Bg. 2 Lancaster 4.971 Beaver Creek Ltl. 2 Lancaster 4.381 Bowery Run 2 Lancaster 2.051 Chickies Creek Ltl. 2 Lancaster 3.418 Climbers Run 2 Lancaster 1.491 Cocalico Creek Ltl. 2 Lancaster 4.225 Conestoga Creek Ltl. 2 Lancaster 2.791 Conowingo Creek 2 Lancaster 8.078 Conoy Creek 2 Lancaster 2.610 Constg. Creek Ltl. West Branch 2 Lancaster 1.939 Donegal Creek 2 Lancaster 2.361 Fishing Creek 2 Lancaster 7.891 Hammer Creek 4 Lancaster 2.548 Hammer Creek 6 Lancaster 3.852 Hammer Creek 2 Lancaster Lebanon 2.392 Indian Run 2 Lancaster 1.864 Meetinghouse Creek 2 Lancaster 2.237 Middle Creek 2 Lancaster 8.699 Muddy Run 2 Lancaster 2.672 Octoraro Creek West Branch 2 Lancaster 4.474 Octoraro Creek West Branch 4 Lancaster 1.118 Pequea Creek 2 Lancaster 4.412 Stewart Run 2 Lancaster 2.485 Swarr Run 2 Lancaster 2.485 Trout Run 2 Lancaster 0.746 Bachman Run 2 Lebanon 3.604 Conewago Creek 2 Lebanon 4.660 Indiantown Run 2 Lebanon 1.367 Quittapahilla Creek 3 Lebanon 2.858 Quittapahilla Creek 6 Lebanon 0.932 Quittapahilla Creek 8 Lebanon 5.717 Snitz Creek 2 Lebanon 4.225 Trout Run 2 Lebanon 3.107 Cedar Creek 3 Lehigh 1.243 Coplay Creek 2 Lehigh 5.592 Jordan Creek 2 Lehigh 9.507 Jordan Creek 4 Lehigh 6.835 Jordan Creek 6 Lehigh 5.530 Lehigh Canal 8 Lehigh Northampton 3.424 Lehigh Creek Ltl. 4 Lehigh 4.903 Lehigh Creek Ltl. 7 Lehigh 2.063 Lehigh Creek Ltl. 9 Lehigh 4.269 Monocacy Creek 9 Lehigh Northampton 2.113 Saucon Creek South Branch 2 Lehigh 1.553 Swabia Creek 2 Lehigh 5.282 Switzer Creek 2 Lehigh 3.480 Trout Creek Bg. 2 Lehigh 6.400 Licking Creek East 2 Mifflin 2.672 Kepner Creek 2 Montgomery 0.994 Mill Creek 2 Montgomery 2.485 Pennypack Creek 4 Montgomery Philadelphia 9.134 Skippack Creek 2 Montgomery 8.196 Stony Creek 2 Montgomery 3.293 Unami Creek 4 Montgomery 2.051 Unami Creek 5 Montgomery 1.740 Wissahickon Creek 2 Montgomery 2.983 Bushkill Creek 2 Northampton 8.699 Bushkill Creek 5 Northampton 1.740 Bushkill Creek 7 Northampton 2.920 Bushkill Creek Ltl. 2 Northampton 1.864 Bushkill Creek Ltl. 4 Northampton 3.418 Hokendauqua Creek 2 Northampton 8.016 Hokendauqua Creek 4 Northampton 3.231 Hokendauqua Creek 5 Northampton 1.988 Indian Creek 2 Northampton 5.282 Jacoby Creek 2 Northampton 2.237 Lehigh Canal 5 Northampton 3.790 Martins Creek 1 Northampton 4.735 Martins Creek 3 Northampton 2.703 Monocacy Creek 3 Northampton 2.423 Monocacy Creek 5 Northampton 2.361 Monocacy Creek 8 Northampton 0.994 Saucon Creek 4 Northampton 2.485 Bixler Run 2 Perry 4.225 Buffalo Creek 2 Perry 17.523 Buffalo Creek Ltl. 2 Perry 4.722 Buffalo Creek Ltl. 3 Perry 3.418 Bull Run 3 Perry 2.423 Fishing Creek 2 Perry 5.965 Fowler hollow Run 2 Perry 1.802 Juniata Creek Ltl. 2 Perry 9.445 McCabe Run 2 Perry 5.220 Montour Creek 2 Perry 3.728 Panther Creek 2 Perry 2.858 Raccoon Creek 2 Perry 8.202 Sherman Creek 2 Perry 14.602 Shultz Creek 2 Perry 3.977 Wissahickon Creek 4 Philadelphia 5.530 Bear Creek 2 Schuylkill 3.107 Beaver Creek 2 Schuylkill 1.616 Catawissa Creek Ltl. 2 Schuylkill 5.282 Cold Run 2 Schuylkill 2.175 Deep Creek 3 Schuylkill 9.445 Deep Creek 4 Schuylkill 7.208 Locust Creek 2 Schuylkill 6.524 Locust Creek 3 Schuylkill 0.684 Mahanoy Creek Ltl. 2 Schuylkill 3.852 Mahantango Creek 2 Schuylkill 5.269 Pine Creek 2 Schuylkill 2.423 Pine Creek 2 Schuylkill 7.214 Pine Creek 3 Schuylkill 9.258 Pine Creek 3 Schuylkill 3.293 Red Creek 2 Schuylkill 2.796 Schuylkill R. Ltl. 2 Schuylkill 3.355 Schuylkill R. Ltl. 7 Schuylkill Berks 1.118 Swatara Creek Ltl. Lower 2 Schuylkill 7.954 Swatara Creek Ltl. Upper 2 Schuylkill 6.214 Mahantango Creek West Branch 2 Snyder Juniata 4.474 Bald Eagle Creek 2 York 2.485 Beaver Creek 2 York 2.858 Blymire hw Run 2 York 1.429 Codorus Creek 2 York 3.480 Codorus Creek East Branch 2 York 2.610 Codorus Creek East Branch 3 York 3.107 Codorus Creek South Branch 5 York 2.113 Deer Creek 2 York 2.672 Fishing Creek 2 York 5.592 Fishing Creek 2 York 4.225 Fishing Creek 3 York Lancaster 1.429 Leibs Creek 2 York 2.051 Muddy Creek 1 York 1.926 Muddy Creek 4 York 2.672 Muddy Creek North Branch 2 York 2.734 Muddy Creek North Branch 4 York 3.666 Muddy Creek South Branch 2 York 2.423 Otter Creek 2 York 5.592 Otter Creek 3 York 4.039 Sawmill Run 2 York 0.808 Total Sections 249 Total Miles 1147.874 Lakes proposed for inclusion in the Regional Opening Day of Trout Season Program
(18-County Option)Water Name
County
Area (Acres)
Waynesboro RS Adams 22.97 Antietam Lake* Berks 13.59 Scotts Run Lake* Berks 22.48 Levittown Lake* Bucks 19.76 Lake Luxembourg* Bucks 165.98 Childrens Lake Cumberland 8.89 Doubling Gap Lake Cumberland 4.00 Fuller Lake Cumberland 1.73 Laurel Lake* Cumberland 24.95 Middletown RS Dauphin 11.11 Letterkenny RS Franklin 54.09 Muddy Run Rec. Lake* Lancaster 97.81 Lions Lake Lebanon 6.99 Marquette Lake Lebanon 15.07 Stovers Dam* Lebanon 25.93 Leaser Lake* Lehigh 117.08 Deep Creek Dam* Montgomery 24.95 Loch Alsh RS Montgomery 5.43 Minsi Lake* Northampton 122.02 Locust Lake Schuylkill 51.87 Neifert Creek F. C. RS Schuylkill 5.93 Pumping Station Dam Schuylkill 8.89 Rabbit Run RS Schuylkill 4.94 Whipoorwill Dam Schuylkill 5.19 Sheppard Myers Dam York 46.93 * These lakes are currently managed under § 65.10.
[Continued on next Web Page]
[Continued from previous Web Page] Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS§ 61.1. Commonwealth inland waters.
* * * * * (d) Except as otherwise provided in this subpart, the following seasons, sizes and creel limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:
SPECIES
SEASONS
MINIMUM
SIZE
DAILY LIMIT ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon) Regular Season: 8 a.m. first Saturday after April 11[,] to midnight Labor Day 7 inches 5[--Streams, lakes and ponds] (combined species) except areas with special regulations Extended Season:
[Streams listed as approved] Approved trout waters and all waters downstream of [streams listed as] approved trout waters [plus lakes and ponds]
[January 1--last day of February and] 12:01 a.m. day after Labor Day to midnight[,] last day of February of the following year.7 inches 3 (combined species) except areas with special regulations * * * * *
BASS--Largemouth and Smallmouth and Spotted Lakes: January 1 to midnight the day before [opening day of trout season in April] first Saturday after April 11 and November 1 to midnight December 31** 15 inches 4 (combined species from all habitats) 12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only (No Tournaments Permitted) 12:01 a.m. the first Saturday after June 11 to midnight October 31 12 inches 6 (combined species) BASS--Largemouth and Smallmouth and Spotted Rivers and Streams*: January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and October 1 to midnight December 31** 15 inches 4 (combined species) 12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only (No Tournaments Permitted) 12:01 a.m. the first Saturday after June 11 to midnight September 30 12 inches 6 (combined species) * * * * *
* * * * * ** Note: [Approved trout waters are closed to fishing from March 1 to opening day of regular trout season in April unless included in the Early Season Trout Stocked Waters Program. See § 65.10 (relating to Early Season Trout Stocked Waters Program).] Approved trout waters are closed to all fishing from March 1 to the first Saturday after April 11 unless included in the Early Season Trout Stocked Waters Program (see § 65.10 (relating to Early Season Trout Stocked Waters Program)) or in the Regional Opening Day of Trout Season Program (see § 65.12 (relating to Regional Opening Day of Trout Season Program)). Waters included in the Early Season Trout Stocked Waters Program are closed to all fishing from April 1 to the first Saturday after April 11. Waters included in the Regional Opening Day of Trout Season Program are closed to all fishing from March 1 to the first Saturday after March 28.
* * * * * § 61.2. Delaware River and River Estuary.
* * * * * (d) The following seasons, sizes and creel limits apply to the Delaware River and to Delaware River tributaries from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:
SPECIES
SEASONS
MINIMUM
SIZE
DAILY LIMIT * * * * *
BASS
Largemouth
SmallmouthNorth of I-84:
Open year-round12 inches 5 (combined species) South of I-84:
January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and October 1 to midnight December 3112 inches 5 (combined species) 12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only 12:01 a.m. the first Saturday after June 11 to midnight September 30 12 inches 5 (combined species) * * * * * * A special no-kill artificial lures only season is in effect on the West Branch of the Delaware River from October 1 to midnight[,] on the Friday before the [opening day of trout season] first Saturday after April 11. See § 65.24.
* * * * * CHAPTER 63. GENERAL FISHING REGULATIONS § 63.3. Fishing in approved trout waters.
It is unlawful to fish in approved trout waters regulated under § 61.1 (relating to Commonwealth inland waters) from 12:01 a.m. on March 1 to 8 a.m. on [the opening day of trout season in April] the first Saturday after April 11 and in approved trout waters regulated under § 65.12 (relating to Regional Opening Day of Trout Season Program) from 12:01 a.m. on March 1 to 8 a.m. on the first Saturday after March 28. As used in this subpart, the term ''approved trout waters'' means designated waters that contain significant portions that are open to public fishing and are stocked with trout. A listing of approved trout waters is published in the Commission's ''Summary of Fishing Regulations and Laws,'' which is available from the Commission at Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The Executive Director or a designee may, from time to time, supplement or modify the list of approved trout waters, and additions or deletions will be published in the Pennsylvania Bulletin.
§ 63.20. Permits for the protection and management of trout and salmon.
* * * * * (e) Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:
* * * * * (2) The person fishes in streams or rivers that are approved trout waters as defined in § 63.3 (relating to fishing in approved trout waters) or their tributaries during the period from [8 a.m. on the first Saturday after April 11 until 12:01 a.m. on the first Saturday in May] 12:01 a.m. on March 1 until midnight May 31.
* * * * * CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.4a. All-tackle trophy trout.
* * * * * (b) It is unlawful to fish in designated and posted all-tackle trophy trout areas except in compliance with the following requirements:
* * * * * (3) The daily creel limit is two trout-combined species from 8 a.m. on the [opening day of trout season in April] first Saturday after April 11 until midnight Labor Day, except during the period from the day after Labor Day to the opening day of regular trout season of the following year, when no trout may be killed or had in possession on the waters under regulation.
* * * * * § 65.7. Trophy Trout Program.
* * * * * (b) It is unlawful to fish in designated and posted trophy trout areas except in compliance with the following requirements:
* * * * * (5) The daily creel limit is two trout--combined species--except during the period from the day after Labor Day to 8 a.m. of the [opening day of regular trout season] first Saturday after April 11 of the following year, when no trout may be killed or had in possession on the waters under regulation.
* * * * * § 65.9. Big bass special regulations.
* * * * * (b) It is unlawful to take, catch, kill or possess a largemouth, smallmouth or spotted bass on or in designated ''Big Bass Regulation'' waters except in compliance with the following seasons and size and creel limits. It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it is taken.
Seasons Size (in) Creel Limit Lakes:
January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and 12:01 a.m. the first Saturday after June 11 to midnight December 3115 4 (combined species) 12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only
(No Tournaments Permitted)Rivers and Streams:
January 1 to midnight the day before the [opening day of trout season in April] first Saturday after April 11 and October 1 to midnight December 3118 2 (combined species) 12:01 a.m. the [opening day of trout season in April] first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only
(No Tournaments Permitted)12:01 a.m. the first Saturday after June 11 to midnight September 30 15 4 (combined species) * * * * * § 65.12. Regional Opening Day of Trout Season Program.
(a) The Executive Director, with the approval of the Commission, may designate waters in certain regions as part of the Regional Opening Day of Trout Season Program. The designation of waters as part of the Regional Opening Day of Trout Season Program shall be effective upon publication of a notice of designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish in waters designated as part of the Regional Opening Day of Trout Season Program except in compliance with the following seasons, sizes and creel limits:
SEASONS MINIMUM SIZE DAILY LIMIT Regular Season: 8 a.m. first Saturday after March 28 to midnight Labor Day 7 inches 5 (combined species) Extended Season:
Approved trout waters and all waters downstream of approved trout waters
12:01 a.m. day after Labor Day to midnight last day of February of the following year.7 inches 3 (combined species) (c) It is unlawful to take, catch, kill or possess trout except during the seasons specified in this section. It is not a violation of this section if a trout caught out of season from waters where fishing for other species is otherwise lawful is immediately returned unharmed to the waters from which it was taken.
(d) It is unlawful to take, catch, kill or possess trout of less than the minimum size specified in this section. It is not a violation of this section if an undersized trout taken from waters where fishing is otherwise lawful is immediately returned unharmed to the waters from which it was taken.
(e) It is unlawful to take, catch or kill more than 1 day's limit of any species of trout as specified in this section during 1 calendar day. It is unlawful to possess more than 1 day's limit of any species of trout as specified in this section except under the following circumstances:
(1) A person may possess any number of lawfully caught trout at the person's residence.
(2) A person who is engaged in a fishing trip away from home for 2 or more consecutive calendar days may possess, while transporting trout from the place where caught to his residence, a number of trout equal to no more than two times the daily creel limit for trout. In prosecutions for violations of this section, it shall be a rebuttable presumption that a person transporting trout from a fishing site caught all of the trout during 1 calendar day.
(3) A trout will not be considered to be caught in violation of this section if it is immediately returned unharmed to the waters from which it was taken.
(4) Any trout caught that is not to be counted in the creel limit shall be immediately released unharmed to the waters from which taken. Except as otherwise provided in §§ 53.24 or 63.40 (relating to tournament and fishing derby permits; and fishing tournaments and fishing derbies), a trout placed on a stringer or confined by any type of container, structure or device or not returned immediately to the water will be considered as part of the daily creel or possession limits. Trout returned to the water shall be handled carefully and be returned unharmed to the waters from which taken.
(5) Trout may be given to another person, but the trout shall be counted in the donor's creel limit and neither donor nor the recipient may kill or possess (while in the act of fishing) more than the limit allowed.
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations * * * * *
Crawford and Erie Conneaut Creek
E. Branch Conneaut Creek
M. Branch Conneaut Creek
W. Branch Conneaut Creek
Mud Run
Stone RunSalmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the [opening day of trout season in April] first Saturday after April 11.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.Crawford Crazy Run Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the [opening day of trout season in April] first Saturday after April 11.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.* * * * *
Erie E. Branch Conneaut Creek
Marsh Run
Temple Run
Turkey CreekSalmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the [opening day of trout season in April] first Saturday after April 11.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.Huntingdon Raystown Lake (includes Raystown Branch from the Raystown Dam downstream to the confluence with the Juniata River). Trout (all species)--no closed season. [Creel limits: Regular inland season--5. Day after Labor Day to opening day of next regular inland season--3 (combined species)] Daily limit: First Saturday after April 11 until Labor Day--5 trout per day; day after Labor Day to first Saturday after April 11 of the following year--3 trout per day. 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. * * * * * Luzerne Harveys Lake During the period from the [opening day of trout season] the first Saturday after April 11 through midnight March 31, the daily creel limit for trout (combined species) is 3, only one of which may exceed 18 inches in length. Fishing is prohibited from April 1 through 8 a.m. of the [opening day of regular trout season] first Saturday after April 11.
Warmwater/coolwater species, except as provided in this section-Inland regulations apply.Mercer Shenango River from the dam downstream to SR 3025, a distance of 1.5 miles Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit--[Opening day of trout season in April] First Saturday after April 11 until Labor Day: [five] 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. * * * * *
Somerset, Fayette, Westmoreland and Allegheny Youghiogheny River from confluence with Casselman River downstream to the confluence with Ramcat Run Youghiogheny River from the pipeline crossing at the confluence with Lick Run downstream to the mouth of the river. [No closed season on trout. Daily limit opening day of trout season to Labor Day--5 trout; day after Labor Day to succeeding opening day of trout season--3 trout per day] Trout (all species)--no closed season. Daily limit: First Saturday after April 11 until Labor Day--5 trout per day; day after Labor Day to first Saturday after April 11 of the following year--3 trout per day. Inland regulations apply to warmwater/coolwater species. 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 in April] First Saturday after April 11 until Labor Day--[five] 5 trout per day; day after Labor day to midnight, March 31 of following year: [three] 3 trout per day. Inland regulations apply to warmwater/coolwater species. Warren Allegheny River--8.75 miles downstream from the outflow of the Allegheny Reservoir to the confluence with Conewago Creek Trout--minimum size limit--14 inches; daily creel limit--2 trout per day (combined species) from 8 a.m. on the [opening day of regular trout season] first Saturday after April 11 through midnight Labor Day, except during the period from the day after Labor Day to the [opening day of regular trout season] first Saturday after April 11 of the following year, when no trout may be killed or had in possession. Other inland seasons, sizes and creel limits apply. Washington Little Chartiers Creek from Canonsburg Lake Dam approximately 1/2 mile downstream to mouth of Chartiers Creek Fishing is prohibited from 12:01 a.m. March 1 to 8 a.m. [opening day of trout season] first Saturday after April 11. * * * * * Wayne West Branch Delaware River Trout: From the Pennsylvania/New York border downstream to the confluence with the East River Branch of the Delaware River: no-harvest artificial lures only season on trout from October 16 until midnight of the Friday before [opening day of trout season] first Saturday after April 11. During the no-harvest artificial lures only season:
1. Fishing may be done with artificial lures only, constructed of metal, plastic, rubber or wood, or flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear.
2. The use or possession of any natural bait, baitfish, fishbait, bait paste and similar substances, fish eggs (natural or molded) or any other edible substance is prohibited.
3. The daily creel limit for trout is 0.* * * * * § 65.26. Extended trout seasons.
(a) General rule. The extended trout season is in effect from the day after Labor Day until the last day of February of the following year on approved trout waters and all waters downstream [areas, plus lake and ponds] of approved trout waters. A creel limit of three trout per day and a minimum size limit of 7 inches applies during this season.
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES § 69.12. Seasons, sizes and creel limits--Lake Erie and Lake Erie tributaries.
* * * * * (d) It is unlawful to fish in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the [opening day of trout season] first Saturday after April 11 until 8 a.m. on the [opening day of trout season in April] first Saturday after April 11.
(e) It is unlawful to possess trout or salmon in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the [opening day of trout season] first Saturday after April 11 until 8 a.m. on the [opening day of trout season in April] first Saturday after April 11.
(f) Subject to the provisions of subsections (d) and (e), the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:
SPECIES
SEASONS
MINIMUM
SIZE
DAILY LIMIT * * * * *
BASS
Largemouth
SmallmouthJanuary 1 to [opening day of trout season in April] first Saturday after April 11 and first Saturday after June 11 until December 31 15 inches 4 (combined species) [Opening day of trout season in April] First Saturday after April 11 until first Saturday after June 11.* 20 inches 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, Lake Erie tributaries or Presque Isle Bay during the period from [opening day of trout season in April] the first Saturday after April 11 until the first Saturday after June 11.
§ 69.12a. Special regulations applicable to Lake Erie tributary streams.
* * * * * (c) From 12:01 a.m. on the day after Labor Day, until the [opening day of trout season in April] first Saturday after April 11 of the following year, all Lake Erie tributary streams are closed to fishing from 10 p.m. until 5 a.m. on the following day except for Walnut Creek and Elk Creek north of Route 5.
* * * * * [Pa.B. Doc. No. 06-980. Filed for public inspection June 2, 2006, 9:00 a.m.]
