PROPOSED RULEMAKING
[58 PA. CODE CH. 65]
Delayed Harvest Fly-Fishing Only Areas
[31 Pa.B. 5106] The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendment relates to the elimination of the Delayed Harvest Fly-fishing Only Program.
A. Effective Date
The proposed amendment, if approved on final-form rulemaking, will go into effect on January 1, 2003.
B. Contact Person
For further information on the proposed amendment, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendment is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed amendment is designed to update, modify and improve the Commission's regulations pertaining to fishing. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.
E. Summary of Proposal
The underlying principle in delayed harvest centers on the use of trout-stocked stream sections to offer a high catch rate fishery that places less emphasis on harvest, creates less need for constant stocking and provides opportunity to extend the ''no-kill'' experience to more anglers. The ''no-kill'' period extends from September until mid-June of the following year. From mid-June to Labor Day, the limited harvest component allows anglers to take three trout per day. These trout would otherwise be lost to natural mortality as a result of stress induced by elevated water temperatures and reduced flows.
Delayed harvest management is a deliberate attempt to extend the use of stocked trout and to permit more types of anglers to experience no-kill angling. ''Recycling'' of trout is a key component of the delayed harvest concept. Therefore, to minimize hooking mortality, an artificial lures only tackle restriction was created.
The delayed harvest program began in 1983 with one water, a 1.25-mile section of Cool Spring Creek, Mercer County. In the past 15 or so years, delayed harvest has continued to grow. Today, there are 26 delayed harvest fly-fishing only (DHFFO) waters and 51 delayed harvest artificial lures only (DHALO) projects.
The Commission is currently seeking public comment on a concept to merge the two different tackle restrictions applicable to delayed harvest into a single delayed harvest artificial lures only program. This would provide for simpler regulations and more diverse trout fishing opportunities at a time of reduced trout stocking. The proposal has attracted a good deal of opposition from fly-fishers who want to maintain the DHFFO restrictions.
The proposed change to delayed harvest regulations does not affect the heritage trout angling program, which was created specifically to reflect the tradition fly angling has played in Pennsylvania trout angling and conservation. The eight waters under the heritage trout angling regulations offer no-kill trout fishing opportunities for fly-fishers only.
The idea of allowing fishing with artificial lures on delayed harvest waters currently limited to fly-fishing only already has attracted a lot of comment. Many fly-fishers have advised the Commission that they are opposed to any change to the delayed harvest regulations. At the same time, supporters of ''traditional angling'' have contacted the Commission to indicate their opposition to any special tackle restrictions on trout waters. They want the delayed harvest waters open to all tackle and oppose even the artificial lures only restrictions.
In the face of these diverse opinions, the Commission has decided to seek public comment on proposed changes to the delayed harvest program. The Commission, in seeking public comment on this proposal, is not necessarily endorsing the change.
It is important for anglers and boaters to understand the importance of their input in this process. The Commissioners (and staff) read all public comments and give them full and fair consideration. A public comment period is a chance for anglers and boaters to share their reasoning as well as their conclusions.
The Commission accordingly proposes removing § 65.2 (relating to delayed harvest fly-fishing only areas) to read as set forth in Annex A. If adopted on final-form rulemaking, all waters currently managed under this program would be moved to the DHALO program. These waters are:
County Water on
which locatedDescription Adams Conewago Creek From 0.1 mile downstream of T-340 downstream to S.R. 34, a distance of 1.1 miles. Bedford Yellow Creek From the mouth of Maple (Jacks Run) upstream to cable near Red Bank Hill, a distance of 0.9 mile. Cameron Driftwood Branch, Sinnemahoning Creek From the Shippen Township Building downstream to near S.R. 120 west of Emporium, a distance of 1.4 miles. Chester French Creek From the dam at Camp Sleepy Hollow downstream to Hollow road, a distance of 0.9 mile. Cumberland Green Spring Creek From mouth upstream to near confluence with Bulls Head Branch, a distance of 1.0 mile. Dauphin Clarks Creek Game Commission parking area on S.R. 325 downstream to Game Commission access road at the Iron Furnace, a distance of 1.9 miles. Delaware Ridley Creek From the falls in Ridley Creek State Park, downstream to the mouth of Dismal Run, a distance of 0.6 mile. Elk West Branch of Clarion River From intersection of S.R. 219 and S.R. 4003, upstream to Texas Gulf Sulphur property, a distance of 0.5 mile. Fishing permitted from east shore only. Fayette Dunbar Creek From the confluence of Glade Run and Dunbar Creek downstream to the stone quarry along S.R. 1055, a distance of 4.1 miles. Franklin East Branch Antietam Creek From S.R. 16 downstream to T-365, a distance of 1.0 mile. Indiana Little Mahoning Creek From S.R. 1034 at Rochester Mills upstream to Cesna Run, a distance of 4.1 miles. Jefferson North Fork of Redbank Creek From S.R. 322 in Brookville upstream 1.9 miles, except a 50 yard section from the Brookville Water Authority Dam downstream to the wire across the creek, a distance of 1.9 miles. Lancaster Donegal Creek From 275 yards below S.R. 772 downstream to T-334, a distance of 2.4 miles. Lancaster West Branch Octoraro Creek From about 220 yards below S.R. 472, downstream to near the second unnamed tributary below S.R. 2010, a distance of 1.9 miles. Lawrence Slippery Rock Creek From Heinz Camp property downstream to 0.25 mile below S.R. 2022 Bridge, a distance of 0.5 mile. Lehigh Little Lehigh Creek From the downstream face of the bridge on T-508 (Wild Cherry Lane) downstream to the upstream face on the bridge on T-510 (Millrace Road), a distance of 1.8 miles. McKean Marvin Creek From proximity of high voltage line (3 miles south of Smethport) downstream 1.1 miles, a distance of 1.1 miles. Monroe Bushkill Creek On the Ressica Falls Scout Reservation property except 200 yards on each side of the falls, a distance of 6.1 miles. Potter Kettle Creek From 500 feet downstream of the S.R. 0144 bridge upstream 1.7 miles, for a distance of 1.7 miles. Somerset Clear Shade Creek From the cable at Windber Water Dam upstream, a distance of 1.0 mile. Union White Deer Creek From Cooper Mill Road upstream to Union/Centre county line, a distance of 3.1 miles. Venango Little Sandy Creek From S.R. 3024 at Polk upstream to old bridge at Polk Center pump house, a distance of 1.3 miles. Warren Caldwell Creek From Selkirk highway bridge downstream to near the Dotyville Bridge, a distance of 1.4 miles. Wayne Dyberry Creek From the Widmer property line about 1 mile below Tanner's Falls downstream to Mary Wilcox Bridge, S.R. 4009, a distance of 0.8 mile. Wyoming Bowman Creek From the vicinity of S.R. 292 downstream to near the confluence with Marsh Creek, a distance of 1.0 mile. York Muddy Creek From cable 300 yards above S.R. 2032 Bridge in Bridgeton up to cable 300 yards downstream from Bruce, a distance of 1.9 miles. In addition to amending the regulations to eliminate the DHFFO areas, the Commission will consider, on a case by case basis, the transfer of streams from the DHFFO program to the DHALO program.
F. Paperwork
The proposed amendment will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendment 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 amendment to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, by March 7, 2002. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically at ra-pfbcregs@state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. 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-121. 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 § 65.2. [Delayed harvest fly-fishing only areas] (Reserved).
[(a) The Executive Director, with the approval of the Commission, may designate waters as delayed-harvest, fly-fishing only areas. The designation of waters as delayed-harvest, fly-fishing only areas shall 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 delayed-harvest fly-fishing only areas except in compliance with the following requirements:
(1) Fishing may be done with artificial flies and streamers constructed of natural or synthetic materials so long as all flies are constructed in a normal fashion on a single hook with components wound on or about the hook. Specifically prohibited are the use of molded facsimilies or replicas of insects, earthworms, fish eggs, fish or any invertebrate or vertebrate either singly or in combination with the other materials. Likewise prohibited are other lures commonly described as spinners, spoons or plugs made of metal, plastic, wood, rubber or like substances or a combination thereof.
(2) Fishing shall be done with tackle which is limited to fly rods, fly reels and fly line with a maximum of 18 feet in leader material or monofilament line attached. Spinning, spincast and casting rods and reels are prohibited.
(3) The use or possession of natural bait, baitfish or fishbait, and the use of another device, natural or synthetic, capable of catching fish, other than artificial flies and streamers, is prohibited.
(4) Fishing hours are: 1 hour before sunrise to 1 hour after sunset during the regular and any extended trout season.
(5) Minimum size is: 9 inches, caught on, or in possession on, the waters under regulation.
(6) The daily creel limit is: Three combined species except during the period after Labor Day and before June 15 when the daily limit shall be zero trout combined species, caught on or in possession on the waters under regulation.
(7) Taking of baitfish is prohibited.]
[Pa.B. Doc. No. 01-1642. Filed for public inspection September 7, 2001, 9:00 a.m.]
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