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PA Bulletin, Doc. No. 98-1765

NOTICES

FISH AND BOAT COMMISSION

Temporary Fishing Regulations; Lake Erie and Tributaries

[28 Pa.B. 5439]

   On October 10, 1998, the Fish and Boat Commission (Commission) published a notice (28 Pa. B. 5189) making temporary changes to fishing regulations on Lake Erie and Lake Erie tributaries. The temporary change related sale of fish and fish eggs and fish parts taken from the Pennsylvania waters of Lake Erie. The purpose of this notice is to provide additional clarification for the temporary regulations applicable to this matter.

   Under 58 Pa. Code § 65.25 (relating to temporary changes to fishing regulations), the Executive Director may take immediate action to modify fishing regulations applicable to particular waters when he finds that such modifications are necessary and appropriate for the protection, preservation and management of fish or fish habitat, to conserve and preserve fishing opportunities or to provide for the health and safety of persons who fish. The Commission has received expressions of concern about the impacts on the protection and management of steelhead and other Lake Erie and tributary fish from the practice of taking those fish for the purpose of selling fish or fish eggs. Under the Fish and Boat Code (30 Pa.C.S. § 3311) the sale, purchase or offer for sale of fish taken from Pennsylvania waters is prohibited except under limited circumstances. The purpose of this temporary change is to clarify further the applicability of the long-standing statutory prohibition against such sales or purchases to fish, fish eggs and fish parts taken from Lake Erie and its tributaries. The Executive Director finds that this temporary change is necessary and appropriate to provide for the protection, preservation and management of these fish and to conserve and preserve fishing opportunities. The following temporary change is hereby made:

No person shall sell, offer for sale or purchase any fish, fish eggs or fish parts taken from the Pennsylvania waters of Lake Erie or from the Pennsylvania waters of Lake Erie tributaries. This prohibition does not apply to fish lawfully taken under a Lake Erie commercial fishing license issued under Chapter 29 of the code or to holders of live fish, live bait fish, or live fish bait dealer licenses with respect only to those species of fish specifically authorized for sale or purchase by other regulations.

PETER A. COLANGELO,   
Executive Director

[Pa.B. Doc. No. 98-1765. Filed for public inspection October 23, 1998, 9:00 a.m.]


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