NOTICES
FISH AND BOAT COMMISSION
Temporary Changes to Fishing Regulations; Trap Net Fishing on Lake Erie
[27 Pa.B. 2788] The Executive Director of the Fish and Boat Commission (Commission), acting under the authority of 58 Pa. Code § 65.25 (relating to temporary changes to fishing regulations), is hereby making the following temporary changes to regulations applicable to commercial trap net fishing on Lake Erie and Presque Isle Bay. Section 65.25 permits the Executive Director to make temporary changes to fishing regulations when the action is necessary and appropriate to conserve and preserve fishing opportunities. The only active commercial trap net fishing licensee has requested that the Commission allow him to follow proposed changes to trap net regulations during 1997. A review by both the Bureaus of Fisheries and Law Enforcement professional staffs has disclosed that the proposed changes will have no adverse impacts on the protection, preservation and management of fish in the waters affected while giving the licensee the opportunity to fish more successfully with trap nets.
Accordingly, the Commission is implementing the following modifications to commercial trap net fishing regulations for Lake Erie and Presque Isle Bay for 1997:
1. Seasons.
a. Walleye. The season for commercial fishing with trap nets for walleye is May 24 until the date established by the Executive Director as marking the probable attainment of a total allowable commercial catch for walleye of 18,000 pounds. The Executive Director may, from time to time, revise the total allowable catch if he determines that conditions so warrant. The Executive Director or his designee will monitor reports of catch of walleye and will declare the season to be closed on such date as the Director determines will probably mark attainment of the total allowable catch. It is unlawful for any person fishing under a commercial fishing license or with a device subject to licensing under section 2902 of the code (relating to net permits) to take, catch or attempt to catch walleye except during the walleye season established under this notice. Walleye accidentally caught out of season shall be immediately returned to the waters from which it was taken regardless of its condition and reported within 2 business days to the Commission at the address where commercial catch reports are filed.
b. Yellow Perch. The season for commercial fishing with trap nets for yellow perch shall close on December 31 or on a date determined by the Executive Director as marking the attainment of a total allowable commercial catch of 37,800 pounds of yellow perch, whichever occurs first. The Executive Director may, from time to time, revise the total allowable catch if he determines that conditions so warrant. The Executive Director or his designee will monitor reports of catch of yellow perch and will declare the season to be closed on such date as the Director determines will probably mark attainment of the total allowable catch. It is unlawful for any person fishing under a commercial fishing license or with a device subject to licensing under section 2902 of the code (relating to net permits) to take, catch or attempt to catch yellow perch except during the yellow perch season established under this notice. Yellow perch accidentally caught out of season shall be immediately returned to the waters from which it was taken regardless of its condition and reported within 2 business days to the Commission at the address where commercial catch reports are filed.
2. Use of trap nets.
(a) Size. Trap nets, cribs and associated leads shall be constructed of twine not lighter than number 12 thread/cord. A trap net lead or lifting crib with a mesh in violation of this section, whether being fished or held in possession, shall be subject to confiscation by the Commission.
(b) Species. No commercial trap net licensee shall possess or sell any fish except in compliance with the following size limits and seasons. The following size limits apply to commercial trap net licensees except that 5% of each licensee's daily catch by number per species may be undersized fish that may be lawfully sold.
Species Size Limit Season Yellow perch (Perca flavescens) 8 1/2 inches January 1 until December 31 or until total allowable catch is taken, whichever occurs first. Walleye (Stizostedion vitreum) 15 inches January 1 until December 31 or attainment of total allowable catch, whichever occurs first White fish (Coregonus spp.) 17 inches No closed season White perch (Monone americana) No size limit No closed season Cisco (Coregonus spp. except C. artedii) No size limit No closed season White bass (Morone chrysops) No size limit No closed season Burbot (Lota lota) No size limit No closed season Sheepshead (Aplodinotus grunniens) No size limit No closed season Gizzard shad (Dorosoma cepedianum) No size limit No closed season Gold fish (Carassius auratus) No size limit No closed season Lake whitefish (Coregonus clupeaformis) No size limit No closed season Brown bullhead (Ictalurus nebulosus) No size limit No closed season Yellow bullhead (Ictalurus natalis) No size limit No closed season Rainbow smelt (Osmerus mordax) No size limit No closed season Channel catfish (Ictalurus punctatus) No size limit No closed season Suckers (Carpides sp., Catostomus sp.,
Ictiobus sp. and Moxmostoma sp.)No size limit No closed season Carp (Cyprinus carpio) No size limit No closed season (c) Buoys/tags. Marker buoys shall be attached to the beginning of each lead and to the back of the crib. A staff extending 8 feet above the water with a minimum size flag of 18 inches by 18 inches secured near the top shall be attached to the anchor for the beginning of the lead and a staff extending 8 feet above the water with 2 minimum size flags of 18 inches by 18 inches (double flags) shall be attached to the anchor for the crib. The licensee shall affix a metal, numbered tag provided by the Commission to each of the required staffs showing the name and address of the owner or the lessee. Licensees shall orally report a seal that is lost, misplaced or stolen within 24 hours of discovery and in writing to the Commission at Northwest Law Enforcement Region within 2 business days. Improperly marked or tagged nets shall be subject to confiscation by the Commission. Officers authorized to enforce the code and this part may mark trap nets for the purpose of determining the number of trap nets being used by a particular licensee.
(d) Limitations on use. From May 24 through June 15, no part of a trap net may be set within 0.5 mile of the Lake Erie shoreline, except between longitudes 80°00' and 80°10' where no part of a trap net may be set within 1.5 miles of the Lake Erie shoreline. From June 16 through December 31, no part of a trap net may be set within 1.5 miles of the Lake Erie shoreline.
(e) Time. Trap nets may be fished 24 hours a day, but it is unlawful to set or lift them during the period from 30 minutes after sunset to 30 minutes before sunrise.
Except as otherwise expressly modified as set forth in this notice, the provisions of 58 Pa. Code Chapter 69, Subchapters C and D (relating to commercial fishing licenses and commercial fishing regulations) shall remain in full force and effect in 1997.
The modifications to fishing regulations set forth in this notice took effect at 12:01 a.m., May 24, 1997.
PETER A. COLANGELO,
Executive Director
[Pa.B. Doc. No. 97-918. Filed for public inspection June 6, 1997, 9:00 a.m.]
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