RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 65]
Fishing
[28 Pa.B. 1754] The Fish and Boat Commission (Commission) by this order amends Chapter 65 (relating to special fishing regulations). The Commission is adopting this regulation under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The regulation deals with fishing.
A. Effective Date
This regulation will go into effect on January 1, 1999.
B. Contact Person
For further information on the regulation, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
This regulation is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The regulation is designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the regulation is described in more detail under the summary in Part E of this Preamble.
E. Summary
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 adopted a new All Tackle Selective Harvest Program. This regulation is designed to enhance wild trout fisheries, while providing anglers with an opportunity for limited harvest of larger individuals.
The All Tackle Selective Harvest Program provides an alternative to the current Selective Harvest Program, where angling is limited to the use of artificial lures only (including flies and streamers). The regulation appeals to a broad spectrum of anglers, as fishing is permitted with the use of artificial lures, flies, streamers, natural bait, baitfish or fishbait. Both spinning and fly fishing gear is permitted in these areas. This regulation provides 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 is two trout (combined species) from 8 a.m. on the opening day of regular trout season to midnight Labor Day. No harvest is permitted from mid-night Labor Day to 8 a.m. on the opening day of regular trout season of the following year.
Waters for the 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 regulation will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The regulation will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The regulation will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking containing the proposed regulation was published at 27 Pa.B. 6333 (December 6, 1997). After the public comment period, the Commission received one comment, opposing the new program. A copy of this public comment was provided to the Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the regulation adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240)(45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder (1 Pa. Code §§ 7.1 and 7.2).
(2) A public comment period was provided and all comments received were considered.
(3) The adoption of the regulation of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 65, are amended by adding § 65.4b to read as set forth at 27 Pa.B. 6333 (December 6, 1997).
(b) The Executive Director will submit this order and 27 Pa.B. 6333 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 27 Pa.B. 6333 and deposit the same with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-74 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 98-567. Filed for public inspection April 10, 1998, 9:00 a.m.]
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