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PA Bulletin, Doc. No. 13-1670

PROPOSED RULEMAKING

[ 58 PA. CODE CH. 69 ]

Fishing; Lake Erie and Boundary Lakes

[43 Pa.B. 5467]
[Saturday, September 14, 2013]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 69 (relating to fishing in Lake Erie and boundary lakes). 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 final-form publication in the Pennsylvania Bulletin.

B. Contact Person

 For further information on the proposed rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.

C. Statutory Authority

 The proposed amendments to § 69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters) are published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D. Purpose and Background

 The proposed rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.

E. Summary of Proposal

 At the October 2012 Commission meeting, 45 waters were moved from the Early Season Trout Stocked Waters Program to the Approved Trout Waters Open to Year-Round Fishing Program. Included in these changes were the Water Works Ponds (East Basin Pond and West Basin Pond) on Presque Isle Bay. Regulations under the Approved Trout Waters Open to Year-Round Fishing Program permit fishing for trout year-round, except from March 1 through the opening day of trout season, when only catch and release fishing is permitted for trout. The current regulations on Lake Erie tributary streams and the Waters Works Ponds prohibit fishing from 12:01 a.m. on the Friday before the first Saturday after April 11 until 8 a.m. on the first Saturday after April 11. This was irrelevant under the Early Season Trout Stocked Waters Program since fishing was not permitted from April 1 to the opening day. However, with the change in designation to approved trout waters open to year-round fishing, fishing is permitted during the period that is currently closed to fishing immediately prior to the opening day.

 The Commission therefore proposes to amend § 69.12 to read as set forth in Annex A.

F. Paperwork

 The proposed rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose 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.fishandboat.com/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.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: 48A-248. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES

Subchapter B. SPORT FISHING AND ANGLING

§ 69.12. Seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters.

*  *  *  *  *

 (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 first Saturday after April 11 until 8 a.m. on the 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 first Saturday after April 11 until 8 a.m. on the first Saturday after April 11.

 (f) [Subject to the provisions of] Except as otherwise provided in subsections (d) and (e) and this subpart, the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

*  *  *  *  *

[Pa.B. Doc. No. 13-1670. Filed for public inspection September 13, 2013, 9:00 a.m.]


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