PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 65]
Fishing
[27 Pa.B. 6333] The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this regulation as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (Code). The proposed regulation deals with fishing.
A. Effective date
This proposed regulation will, if approved on final rulemaking, go into effect on January 1, 1999, or upon publication of an order adopting the regulation, whichever occurs later.
B. Contact person
For further information on the proposal 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
This proposed regulation is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and background
The proposed regulation is designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the proposed regulation is described in more detail under the summary of proposal.
E. Summary of proposal
Angler opinions from the 1991 Trout Angler Telephone Survey resulted in strong support for the creation of more limited kill areas on wild trout fisheries. The same general theme was supported by the participants of the recent Wild Trout Workgroup. In keeping with this concept, the Commission is proposing the adoption of a new All Tackle Selective Harvest Program. This proposed regulation is designed to enhance wild trout fisheries, while providing anglers with an opportunity for limited harvest of larger individuals.
If adopted, the All Tackle Selective Harvest Program would provide an alternative to the current Selective Harvest Program, in which angling is limited to the use of artificial lures only (including flies and streamers). The proposed regulation would appeal to a broad spectrum of anglers, as fishing would be permitted with the use of artificial lures, flies, streamers, natural bait, baitfish or fishbait. Both spinning and fly fishing gear would be permitted in these areas. This proposed regulation would provide for year-round angling (no closed season) with a 12-inch minimum length limit on brown trout and a 9-inch minimum length limit for all other salmonid species. The daily creel limit would be two trout (combined species) from 8 a.m. on the opening day of regular trout season to midnight Labor Day. No harvest would be permitted from midnight Labor Day to 8 a.m. on the opening day of regular trout season of the following year.
Waters for the proposed All Tackle Selective Harvest Program include the following. In addition, the Commission's staff expect to have several new waters to add to this program. However, time did not permit staff to complete all of the necessary landowner contacts.
County Water Description Westmoreland Camp Run Currently managed as a Class A wild brook trout fishery and unstocked. From the headwaters downstream to the mouth a distance of 4.1 miles. Cameron Hunts Run Currently managed as a Class A wild brown trout fishery and unstocked. From the confluence with McNuff Branch downstream to the mouth, a distance of 4.7 miles. Potter Sinnemahoning
Creek East ForkCurrently managed as a Class A wild brown trout fishery and unstocked. From the confluence with Wild Boy Run downstream to the confluence with Camp Run, a distance of 2.9 miles. Union Cherry Run Currently managed as a Class A wild brown trout fishery and unstocked. From a point 2.7 miles upstream from the mouth downstream to the mouth, a distance of 2.7 miles. F. Paperwork
The proposed regulation will not increase paperwork and will create no new paperwork requirements.
G. Fiscal impact
The proposed regulation will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed regulation 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 regulation 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. 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 DirectorFiscal Note: 48A-74. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.4b. All-Tackle Selective Harvest Program.
(a) The Executive Director, with the approval of the Commission, may designate waters as all-tackle selective harvest areas. The designation of waters as all-tackle selective harvest areas will be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish in designated and posted all-tackle selective harvest areas except in compliance with the following requirements:
(1) The program is open to fishing year-round; there is no closed season.
(2) The minimum size is 12 inches for brown trout and 9 inches for all other salmonids caught on, or in possession on, the waters under the all-tackle selective regulations.
(3) The daily creel limit is two trout--combined species--from 8 a.m. on the opening day of trout season in April until midnight Labor Day, except during the period from the day after Labor Day to 8 a.m. on the opening day of regular trout season of the following year, when no trout may be killed or had in possession on the waters under regulation.
(4) A current trout/salmon permit is required.
(c) This section applies to trout only. Inland regulations apply to all other species.
[Pa.B. Doc. No. 97-1946. Filed for public inspection December 5, 1997, 9:00 a.m.]
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