Title 58—RECREATION FISH AND BOAT COMMISSION [ 58 PA. CODE CH. 65 ] Fishing; Special Fishing Regulations [43 Pa.B. 5451]
[Saturday, September 14, 2013]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). This final-form rulemaking modifies and updates the Commission's fishing regulations.
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2014.
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 2307(a) of the code (relating to waters limited to specific purposes).
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 amendment is described in more detail under the summary of change.
E. Summary of Change
Penns Creek, Section 03 (confluence of Elk Creek downstream to 600 meters downstream of Swift Run), was managed as a stocked trout fishery until 1992 when it was designated by the Commission as a Class A wild trout stream and the stocking of hatchery trout ceased. During 1993, landowner and angler surveys were conducted to help inform a management direction for this stream section. Based on the survey information gathered as well as biological data collected during 1991 and 1992, miscellaneous special regulations (later renamed all-tackle trophy trout under § 65.4a (relating to all-tackle trophy trout)) were developed for Section 03 and implemented on January 1, 1995. Section 03 has been managed as all-tackle trophy trout for the last 17 years (1995-2012). Commission fishery surveys conducted between 1995 and 2012 documented that the Penns Creek wild brown trout population responded positively since the stocking cessation and the implementation of all-tackle trophy trout regulations and has subsequently maintained itself at a high level over time in terms of both abundance and size structure.
During 2012, Commission staff conducted a review of the management of Penns Creek, Section 03. As a result of the assessment, there was internal support for evaluating whether the size structure of the wild brown trout population could be further enhanced by implementing a more restrictive angling regulation that would provide increased protection to the largest fish in the population. To obtain public feedback on a potential regulation change, Commission staff contacted landowners with a letter and also conducted a public meeting on June 16, 2012, in Aaronsburg, PA.
To meet the Commission's objective of further improving the size structure of the wild brown trout population in Penns Creek, Section 03, so that the abundance of large fish in the population is maximized while also considering the public feedback received, the Commission has removed this stream section from the All-Tackle Trophy Trout Program under § 65.4a and established a new harvest slot limit on an experimental basis. The Commission established the regulation for a 7-year period from January 1, 2014, through December 31, 2020, during which time the trout population will be monitored to determine the effectiveness of the regulation at meeting biological and social objectives for the Penns Creek fishery. The new regulation will allow for the harvest of up to 2 trout per day that are at least 7 inches but less than 12 inches in length from the opening day of trout season through Labor Day and no harvest will be permitted for the remainder of the year. All tackle types will be permitted.
Penns Creek provides a unique opportunity to evaluate a new special regulation on a productive limestone stream. The productive nature of Penns Creek provides ideal conditions to allow for a favorable response of the wild brown trout population to trend toward larger sizes than may be occurring under the current all-tackle trophy trout regulations, which may be limiting the abundance of larger trout and population size structure.
The Commission has amended § 65.24 to read as set forth in the proposed rulemaking published at 43 Pa.B. 2034 (April 13, 2013).
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.
H. Public Involvement
Notice of proposed rulemaking was published at 43 Pa.B. 2034. During the public comment period, the Commission received one public comment opposing the proposed rulemaking. The Commission also received one comment prior to and one comment after the formal comment period opposing 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 public comments received were considered.
(3) The adoption of the amendments 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 43 Pa.B. 2034.
(b) The Executive Director will submit this order and 43 Pa.B. 2034 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 43 Pa.B. 2034 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on January 1, 2014.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-240 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 13-1662. Filed for public inspection September 13, 2013, 9:00 a.m.]
