FISH AND BOAT COMMISSION [58 PA. CODE CH. 65] Special Fishing Regulations; Huntingdon County [34 Pa.B. 3600] 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 the 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 Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available on the Commission's website: 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 2307 of the code (relating to waters limited to specific purposes).
D. Purpose and Background
The final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to the use of cast or throw nets at Raystown Lake, Huntingdon County. The specific purpose of the amendment is described in more detail under the summary of change.
E. Summary of Change
Several years ago, the Commission adopted a miscellaneous special regulation that enabled the Executive Director or a designee to issue permits for use of cast or throw nets at Raystown Lake, Huntingdon County. This special gear makes it possible for anglers to capture live gizzard shad and alewife, preferred striped bass bait. The permits limit cast or throw nets to no more than 6 feet in radius (12 feet in diameter) with a mesh size of at least 3/8 inch. Recently, the Commission was approached by Raystown Lake anglers seeking use of a larger cast net. It appears that gizzard shad and alewife can more easily evade capture with the smaller nets because of the time that it takes for weights to sink the net and the relatively small surface area involved, even when the net fully opens with the perfect cast. Anglers requested cast nets with a larger radius.
The Commission does not see a problem with the use of a larger net. Any catch other than gizzard shad and alewife already has to be immediately returned to the water. Thus, the Commission amended § 65.24 to increase cast or throw net size to 10 feet in radius (20 feet in diameter). The Commission amended this miscellaneous special fishing regulation to read as set forth in the notice of proposed rulemaking.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 34 Pa.B. 1461 (March 13, 2004). The Commission received three public comments supporting the proposed rulemaking. Copies of the 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 the comments that were 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 34 Pa.B. 1461.
(b) The Executive Director will submit this order and 34 Pa.B. 1461 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 34 Pa.B. 1461 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-153 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 04-1239. Filed for public inspection July 9, 2004, 9:00 a.m.]
