PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 61]
Fishing

[27 Pa.B. 1653]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 61 (relating to seasons, sizes and creel limits). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendment relates to fishing.

A.  Effective Date

   The proposed amendment will, if approved on final rulemaking, go into effect upon publication of an order adopting the regulation.

B.  Contact Person

   For further information on the proposed change, contact Laurie E. Shepler, Assistant Counsel (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000.

C.  Statutory Authority

   This proposed amendment is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The proposed amendment is designed to update, modify and improve Commission regulations relating to fishing. The specific purpose for the amendment is described in more detail under the summary of proposal.

E.  Summary of Proposal

   The Commission has designated the Susquehanna River from Holtwood Dam upstream to the Fibridam in Sunbury and the Juniata River from its Mouth upstream to Route 11/15 Bridge near Amity Hall as Big Bass Waters subject to § 65.9 (relating to big bass special regulations). This designation supersedes the general fishing regulations applicable to these waters found in § 61.7 (relating to Susquehanna River and tributaries). The Commission's Bureau of Law Enforcement has requested that the Commission amend § 61.7 to make it clear that the Big Bass regulations apply to the waters described in this section of the Preamble. This proposed change has no substantive impact; it merely ensures that the wording of the general regulation, § 61.7, is consistent with the special regulations already applicable to these waters. On March 11, 1997, the Commission, by notational vote, approved the publication of this notice of proposed rulemaking.

F.  Fiscal Impact

   The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendment will impose no new costs on the private sector or the general public.

G.  Paperwork

   The proposed amendment will not increase paperwork and will create no new paperwork requirements.

H.  Public Comments

   Interested persons are invited to submit written comments, objections or suggestions about the proposed amendment to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note:  48A-67. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart B.  FISHING

CHAPTER 61.  SEASONS, SIZES AND CREEL LIMITS

§ 61.7.  Susquehanna River and tributaries.

*      *      *      *      *

   (d)  The following seasons, sizes and creel limits apply to the Susquehanna River and its tributaries, including the Juniata River, the West Branch, ''North Branch'' and other tributaries within the Susquehanna River Basin, except the Conowingo Reservoir--see § 61.4 (relating to Conowingo Reservoir) and except for waters subject to special regulations (see Chapter 65 (relating to special fishing regulations)):

Species	Seasons	Minimum Size	Daily Limit
AMERICAN SHAD	Closed year-round	Closed
[BASS Largemouth Smallmouth Spotted]	[January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31.]	[Upstream of Dock Street Dam] [12 inches]	[Upstream of Dock Street Dam] [6 (combined species)]
		[Dock Street Dam downstream to Holtwood Dam] [15 inches]	[Dock Street Dam downstream to Holtwood Dam] [4 (combined species)]
BASS    Largemouth    Smallmouth    Spotted	January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31	Susquehanna River--Holtwood Dam to Fibridam in Sunbury: Big Bass Regulations apply. See § 65.9	Big Bass Regulations apply. See § 65.9
BASS    Largemouth    Smallmouth    Spotted	January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31	Susquehanna River--Upstream of Fibridam in Sunbury: 12 inches	6 (combined species)
BASS    Largemouth    Smallmouth    Spotted	January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31	Juniata River--Mouth upstream to Route 11/15 bridge near Amity Hall; and 18.5 mile section from the S. R. 0075 bridge at Port Royal downstream to Newport S. R. 0034 Bridge: Big Bass Regulations apply. See § 65.9	Big Bass Regulations apply. See § 65.9
BASS    Largemouth    Smallmouth    Spotted	January 1 to first Saturday after April 11 and first Saturday after June 11 to December 31	Juniata River--All areas except as described in this subsection: 12 inches	6 (combined species)
OTHER SPECIES	Inland seasons, sizes and creel limits apply except for waters under special regulations (See Chapter 65). See § 61.1 (relating to Commonwealth inland waters). For Conowingo Reservoir see § 61.4 (relating to Conowingo Reservoir).

[Pa.B. Doc. No. 97-508. Filed for public inspection April 4, 1997, 9:00 a.m.]

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