FISH AND BOAT COMMISSION [58 PA. CODE CH. 65] Fishing [36 Pa.B. 4727]
[Saturday, August 26, 2006]The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). 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 upon publication in the Pennsylvania Bulletin or January 1, 2007, whichever occurs later.
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 proposed rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
Proposed §§ 65.17 and 65.18 (relating to Catch and Release Lakes Program; and Brood Stock Lakes Program) are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The proposed 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 proposed rulemaking is designed to update, modify and improve the Commission's fishing regulations. The specific purpose of the proposed regulations and amendments is described in more detail under the summary of proposals.
E. Summary of Proposals
(1) Sections 65.17 and 65.24. Over the years, the Commission has regulated a number of ponds and lakes with no-kill regulations for all species under § 65.24. These lakes and ponds include Pine Township Park Pond, Allegheny County; Raccoon Creek State Park Upper Pond, Beaver County; Bear Gap Reservoir, McWilliams Reservoir and Klines Reservoir; Columbia and Northumberland Counties; and Lower Burrell Pond Park, Westmoreland County. In an effort to simplify and consolidate the Commission's regulations, the Commission proposes the establishment of a new special regulations program called the Catch and Release Lakes Program into which these six lakes and ponds and other impoundments may be designated. Waters in this program will be regulated as catch and release for all species on a year-round basis. The Commission proposes this new section to read as set forth in Annex A.
If the new program is adopted, Commission staff will recommend that the six waters previously named, as well as Owl Creek Reservoir, Schuylkill County, be considered for inclusion in the program. If designated into the new program, the miscellaneous regulations for the six lakes in § 65.24 will no longer be required. Therefore, the Commission further proposes that the miscellaneous special regulations for these six lakes be eliminated to read as set forth in Annex A.
(2) Section 65.18. Effective January 1, 2007, amendments to the Commission's regulations pertaining to muskellunge and muskellunge hybrids, northern pike and pickerel will go into effect. Among other things, the amendments provide for a year-round open season for these species on Commonwealth inland waters. Although the new year-round open season will provide additional angling opportunities, the Commission also must take into account the United States Food and Drug Administration mandated withdrawal period of 21 days that is associated with use of fish anesthetics during esocid culture operations. It is important that harvest and consumption of muskellunge and muskellunge hybrids, northern pike and pickerel in brood stock lakes are restricted during the withdrawal period. Therefore, the Commission proposes to restrict harvest of these species from April 1 through May 31 by creating a new program called the Brood Stock Lakes Program into which the brood stock lakes may be designated. The Commission proposes to add this section to read as set forth in Annex A. If the new program is adopted, Commission staff will recommend that the following lakes be designated into the new program: Canadhota Lake, Edinboro Lake, Sugar Lake, Conneaut Lake, Union City Reservoir, Woodcock Lake, Tamarack Lake, Lake Wallenpaupack, Lower Woods Pond, Belmont Lake, Prompton Dam, Duck Harbor Pond, Miller Pond and Howard Eaton Reservoir.
(3) Section 65.24. Harris Pond, Luzerne County, becomes congested with several species of aquatic plants each year beginning in late spring. This congestion affects the boat launch and interferes with shore fishing from most access points on the lake. Current fisheries management efforts to control the vegetation at Harris Pond include the periodic stocking of sterile triploid grass carp. Grass carp stocking began in 1997 and continued in 2004. The Commission is aware of the harvest of grass carp from Harris Pond, which runs counter to agency efforts to control vegetation. Therefore, the Commission proposes to make the harvest of grass carp from Harris Pond illegal. The Commission accordingly proposes to amend § 65.24 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 have no 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 Catch and Release Lakes Program and the Brood Stock Lakes 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 of this proposed rulemaking 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-187 (1) Fish Fund; (2) Implementing Year 2006-07 is $3,000; (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) PA Fish & Boat Commission; (8) recommends adoption.
ANNEX A TITLE 58. RECREATION PART II. FISH AND BOAT COMMISSION Subpart B. FISHING CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.17. Catch and Release Lakes Program.
(a) The Executive Director, with the approval of the Commission, may designate lakes as part of the Catch and Release Lakes Program. The designation of lakes as part of the Catch and Release Lakes Program will be effective upon publication of a notice of designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish in the lakes designated as part of the Catch and Release Lakes Program except in compliance with the following requirements:
(1) Fishing for all species is permitted on a catch and release/no harvest basis only.
(2) It is unlawful to take, kill or possess any fish taken from lakes designated under this program.
(3) Fish caught shall be immediately returned unharmed to the lake from which taken.
§ 65.18. Brood Stock Lakes Program.
(a) The Executive Director, with the approval of the Commission, may designate lakes as part of the Brood Stock Lakes Program. The designation of lakes as part of the Brood Stock Lakes Program will be effective upon publication of a notice of designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish in the lakes designated as part of the Brood Stock Lakes Program except in compliance with the following requirements:
(1) From 12:01 a.m. April 1 to midnight May 31, fishing for muskellunge and muskellunge hybrids, northern pike and pickerel is permitted on a catch and release/no harvest basis only.
(2) From 12:01 a.m. April 1 to midnight May 31, it is unlawful to take, kill or possess any muskellunge and muskellunge hybrids, northern pike and pickerel taken from lakes designated under this program.
(3) From 12:01 a.m. April 1 to midnight May 31, all muskellunge and muskellunge hybrids, northern pike and pickerel caught shall be immediately returned unharmed to the lake from which taken.
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations [Allegheny Pine Township Park Pond Fishing permitted on a catch-and-release basis. It is unlawful for a person to take or kill fish caught from these waters.] * * * * * [Beaver Raccoon Creek State Park Upper Pond This is a catch and release/no harvest fishery for all species. It is unlawful to take, kill or possess any fish. All fish caught must be immediately returned unharmed.] * * * * *
Columbia and Northumberland [Bear Gap Reservoir, McWilliams Reservoir, Klines Reservoir and the] South Branch of Roaring Creek from the bridge on State Route 3008 at Bear Gap upstream to the bridge on State Route 42 This is a catch and release/no harvest fishery for all species. It is unlawful to take, kill or possess any fish. All fish caught must be immediately returned unharmed. * * * * * Luzerne Harris Pond It is unlawful to take, kill or possess grass carp caught from this water. It is not a violation of this section if the grass carp is immediately returned unharmed. * * * * * [Westmoreland Lower Burrell Pond Park This is a catch and release/no harvest fishery for all species. It is unlawful to take, kill or possess any fish. All fish caught must be immediately returned unharmed.] * * * * * [Pa.B. Doc. No. 06-1683. Filed for public inspection August 25, 2006, 9:00 a.m.]
