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PA Bulletin, Doc. No. 99-1089

RULES AND REGULATIONS

[58 PA. CODE CH. 63]

Fishing for Bass During Spring Season

[29 Pa.B. 3629]

   The Fish and Boat Commission (Commission) by this order amends Chapter 63 (relating to general fishing regulations). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendment relates to fishing for bass during the spring season.

A.  Effective Date

   The amendment will go into effect on January 1, 2000.

B.  Contact Person

   For further information on the change, 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

   The amendment is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The amendment is designed to update, modify and improve Commission regulations relating to fishing for bass during the spring season. The specific purpose is described in more detail under the summary of change.

E.  Summary of Change

   One of the issues raised by the Commission's recent changes to bass season, size and creel limits was the perception that bass populations require special protection during the traditional closed season from mid-April until mid-June. Therefore, the Commission has adopted a regulation that provides that during the period from 12:01 a.m. on the first Saturday after April 11 until 12:01 a.m. on the first Saturday after June 11, it is unlawful to kill or possess (while in the act of fishing) any largemouth, smallmouth or spotted bass. Under the new regulation, no tournaments are permitted during this time period. Catch and release fishing for bass during this period is limited. It is unlawful for an angler to repeatedly cast into a clearly visible bass spawning nest or redd in an effort to catch or take bass. Otherwise, a bass caught and immediately returned unharmed to the waters from which taken during this period will not be considered a violation of the regulation.

F.  Paperwork

   The amendment will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendment will impose no new costs on the private sector or the general public.

H.  Public Involvement

   A notice of proposed rulemaking was published at 29 Pa.B. 822 (February 13, 1999). The Commission received five public comments concerning the proposal: two in favor, one opposed and two inquiries. Copies of all public comments were provided to the Commissioners.

Findings

   The Commission finds that:

   (1)  Public notice of intention to adopt the amendment 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 amendment 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 63, are amended by adding § 63.43 to read as set forth at 29 Pa.B. 822.

   (b)  The Executive Director will submit this order and 29 Pa.B. 822 to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Executive Director shall certify this order and 29 Pa.B. 822 and deposit them 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 Director

   Fiscal Note:  Fiscal Note 48A-92 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 99-1089. Filed for public inspection July 9, 1999, 9:00 a.m.]


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