PROPOSED RULEMAKING
[58 PA. CODE CHS. 63, 65 AND 69]
Fishing
[27 Pa.B. 4456] The Fish and Boat Commission (Commission) proposes to amend Chapters 63, 65 and 69. The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code (code). The proposed amendments deal with fishing.
A. Effective Date
These proposed amendments will, if approved on final rulemaking, go into effect on January 1, 1998, or upon publication of an order adopting the final-form regulations, whichever occurs later.
B. Contact Person
For further information on the proposed changes, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
These proposed amendments are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the various amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
1) Sections 63.8 and 69.12 (relating to long bows, spears and gigs; and seasons, sizes and creel limits--Lake Erie). The Commission has received requests from individuals who scuba dive in Lake Erie to allow the taking of burbot through the use of spears or gigs. The Bureau of Fisheries and Bureau of Law Enforcement personnel in the Northwest Regional Office and Erie County have reviewed the requests, and no one has any particular objections.
The proposed amendments would permit the taking of burbot from Lake Erie at a depth of at least 60 feet or more using nonmechanical spears or gigs. The proposed season would be from June 1 to September 30 annually, with a daily creel limit of five fish per day. The possession of mechanically propelled spearguns would be illegal. Divers possessing spears/gigs and taking or attempting to take burbot would be required to have a valid fishing license.
The Executive Director, acting on the recommendation of the Bureaus of Fisheries and Law Enforcement, has exercised his authority to make temporary changes to fishing regulations so that the proposed change will be in effect on a trial basis during the period July 12--September 30, 1997. The Commission approved the publication of a notice of proposed rulemaking containing these changes.
2) Section 65.24 (relating to miscellaneous special regulations). The Allegheny River tailwater located in Warren County provides a popular multispecies fishery for anglers. As a result of the coldwater release from the Allegheny Reservoir, the 8.75 mile section located immediately downstream from the outflow of the reservoir is managed to provide trout angling opportunities through the annual planting of fingerling trout. Under current regulations, the 0.75 mile segment immediately downstream of the reservoir is managed under Miscellaneous Waters Special Regulations with no closed season on trout and a daily creel limit of three trout per day. The remaining 8 miles of trout habitat is managed under Statewide regulations.
The provision of a coldwater release and the increased productivity of this water combine to offer a unique opportunity for management designed to further enhance the year-round trout fishery. Therefore, staff proposed that the regulations for trout be revised on the Allegheny River tailwater. Specifically, staff proposed that the regulations provide for year-round angling with no tackle restriction under a 14 inch minimum size limit and two trout daily creel limit during the regular trout season (8 a.m. opening day through midnight Labor Day), with no harvest permitted during the remainder of the season. This proposal is supported by the Cornplanter Chapter of Trout Unlimited. The Commission approved the publication of a notice of proposed rulemaking consistent with the staff's recommendation.
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments 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 amendments to the Executive Director, Pennsylvania Fish and Boat Commission, P.O. Box 67000, Harrisburg, PA 17106-7000, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
PETER A. COLANGELO,
Executive Director(Editor's Note: A proposal to amend § 65.24 remains outstanding at 27 Pa.B. 1468 (March 22, 1997)).
Fiscal Note: 48A-71. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.8. Long bows, spears and gigs.
* * * * * (c) [Restrictions. Spears or gigs may not be mechanically propelled, may not have more than five barbed points, and may not be used in approved trout waters.] Lake Erie. Scuba divers, who possess a valid fishing license and Lake Erie stamp, shall be permitted to take burbot at a depth of at least 60 feet.
(d) [Persons with disabilities. The Executive Director, or a designee, may issue permits to persons exempt from the fishing license requirement under section 2709(b) of the code (relating to exemptions from license requirements)--except a person who is blind--and a person who is permanently deprived of the use of a leg or an arm or both arms allowing them to use crossbows or mechanically propelled spears and gigs subject to limitations and conditions as set forth in the permit. Persons who wish to apply for a permit under this section may apply on forms provided by: Director, Bureau of Law Enforcement, Pennsylvania Fish and Boat Commission, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000.] Restrictions. Spears or gigs may not be mechanically propelled, may not have more than five barbed points, and may not be used in approved trout waters.
(e) Persons with disabilities. The Executive Director, or a designee, any issue permits to persons exempt from the fishing license requirement under section 2709(b) of the code (relating to exemptions from license requirements) except a person who is blind--and a person who is permanently deprived of the use of a leg or an arm or both arms allowing them to use crossbows or mechanically propelled spears and gigs subject to limitations and conditions as set forth in the permit. Persons who wish to apply for a permit under this section may apply on forms provided by: Director, Bureau of Law Enforcement, Pennsylvania Fish and Boat Commission, Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000.
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.24. Miscellaneous Special Regulations.
The following waters are subject to the following miscellaneous special regulations.
County Name of Water Special Regulations * * * * * * * * * * * * * * * Warren Allegheny River--[.75 mile below Kinzua Dam]
8.75 miles downstream from the outflow of the Allegheny Reservoir to the confluence with Conewago Creek[No closed season on trout. Daily limit three.]
Trout--minimum size limit--14 inches; daily creel limit--2 trout per day (combined species) from 8 a.m. on the opening day of regular trout season through midnight Labor Day, except during the period from the day after Labor Day to the opening day of regular trout season of the following year, when no trout may be killed or had in possession. Other inland seasons, sizes and creel limits apply.* * * * * * * * * * * * * * *
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES § 69.12. Seasons, sizes and creel limits--Lake Erie.
* * * * * (d) The following seasons, sizes and creel limits apply to Lake Erie and Presque Isle Bay, including peninsula waters:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT * * * * * * * * * * * * * * * * * * * * BURBOT (when taken by scuba divers by use of nonmechanical spears or gigs at a depth of at least 60 feet) June 1 to September 30 None 5 * * * * * * * * * * * * * * * * * * * *
[Pa.B. Doc. No. 97-1397. Filed for public inspection August 29, 1997, 9:00 a.m.]
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