RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 61]
Statewide Daily Creel Limit of Trout
[29 Pa.B. 4561] The Fish and Boat Commission (Commission) by this order amends Chapter 61 (relating to seasons, sizes and creel limits). The Commission is publishing this amendment under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment relates to fishing.
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(b) of the code (relating to rules and regulations).
D. Purpose and Background
The amendment is designed to update, modify and improve Commission regulations related to fishing. The specific purpose is described in more detail under the summary of change.
E. Summary of Change
The Commission has adopted an amendment to reduce the Statewide daily creel limit of trout from eight to five during the regular season. The three trout per day creel limit during the extended season remains unchanged, and the change does not apply to the Conowingo Reservoir, the Delaware River or Lake Erie and its tributaries.
The adoption of the reduced trout creel limits will have no distinct resource impacts. This is principally a social and policy issue based on perception. From a fisheries management perspective, the reduced creel limit will have few, if any, positive or negative impacts. However, this change may affect public perceptions about the value of these fish and the appropriate number of fish to be taken each day.
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
An advance notice of proposed rulemaking was published at 28 Pa.B. 5816 (November 21, 1998) in an effort to obtain public and angler input on the concept of reducing the regular season daily limit of trout from eight to five. The Commission received public comments by E-mail and by regular mail. Generally, the comments received were in favor of the proposal. The Commission also conducted an online survey on its web site. About 300 individuals participated in this survey. Survey participants included individuals who submitted public comments. The majority of those responding to the survey favored reduction in the creel limit. This was not a scientific survey of public opinion, and it would not be accurate to characterize the participants' views as representative of a cross-section of trout anglers.
A notice of proposed rulemaking was published at 29 Pa.B. 1085 (February 27, 1999). Instead of the usual 30-day comment period, the notice of proposed rulemaking provided for a 60-day comment period. The Commission subsequently extended the comment period until May 31, 1999. During the formal comment period, the Commission received 563 comments by E-mail and regular mail. Of the 563 comments, 325 (or about 58%) supported the proposal, and 221 (or about 39%) opposed it. Two individuals suggested that the creel limit be reduced to 3; one suggested that it be reduced to 4; four suggested that it be reduced to 6; and one suggested that it be reduced to 7. Nine individuals presented miscellaneous comments.
In addition, the Commission held two public meetings/hearings on this issue--one in Harrisburg on May 4, 1999 (with four persons providing comments), and the other in Monroeville on May 6, 1999 (with seven persons providing comments).
Last, the Commission, through Responsive Management, conducted a telephone survey of 235 randomly selected, 1997 Pennsylvania fishing license holders who fished for trout in this Commonwealth in 1998: 62% of the anglers who were surveyed supported (moderately and strongly) a reduction in the creel limit; 27% of those surveyed opposed it. Copies of public comments, the online survey results, the transcripts from both public meetings/hearings and the results of the Responsive Management survey 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 amendments 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 61, are amended by amending § 61.1 to read as set forth at 29 Pa.B. 1085.
(b) The Executive Director will submit this order and 29 Pa.B. 1085 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. 1085 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect January 1, 2000.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-95 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 99-1436. Filed for public inspection August 27, 1999, 9:00 a.m.]
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