PROPOSED RULEMAKING
[58 PA. CODE CHS. 61 AND 63]
Fishing
[32 Pa.B. 3493] The Fish and Boat Commission (Commission) proposes to amend Chapters 61 and 63 (relating to seasons, sizes and creel limits; and general fishing regulations). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed amendments will go into effect upon publication of an order adopting the amendments in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed amendments, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments to §§ 61.1 and 63.3 (relating to Commonwealth inland waters; and fishing in approved trout waters) are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The proposed amendment to § 63.20 (relating to permits for the protection and management of trout and salmon) are published under the statutory authority of section 2904 of the code (relating to permits for protection and management of particular fish).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve the Commission's regulations pertaining to fishing. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Section 61.1. According to this section, the extended trout season applies to ''all approved trout waters streams plus lakes and ponds.'' The ''Summary of Fishing Regulations and Laws'' (Summary Book), on the other hand, provides that the extended trout season applies to ''all approved trout streams and their downstream areas and all lakes and ponds.'' Since the current wording of § 61.1 is a bit awkward and does not include the downstream areas, the Commission proposes to amend this section to read as set forth in Annex A.
(2) Sections 63.3 and 63.20. The allocation of stocked trout is a dynamic process, which has recently resulted in some changes, with some waters that were previously not to be stocked by the Commission this year having been added back to the stocking program. Under §§ 63.3 and 63.20 and § 65.26 (related to extended trout seasons), the term ''approved trout waters'' has regulatory significance:
(1) Approved trout waters are closed to all fishing from March 1 to opening day. With the exception of the select trout lakes and several special cases, this means that it is illegal to fish for anything in these waters during the ''closed season.'' For waters not listed, fishing is permitted and a person does not commit a violation as long as the individual does not take, catch, kill or possess trout. (A fish returned immediately unharmed to the waters from which taken is not considered a violation.)
(2) The extended trout season (day after Labor Day until the last day of February of following year) applies to approved trout waters with a creel limit of three per day.
(3) An angler needs a trout stamp to fish in approved trout waters from opening day until the first Saturday in May regardless of what the angler is fishing for.
The Commission's regulations are currently worded in a way that seems to limit the Commission's ability to add waters back to the approved trout waters list. Currently, the list is defined as the list in the Summary Book, which does not give the Commission much flexibility. Accordingly, the Commission proposes to amend §§ 63.3 and 63.20 to read as set forth in Annex A.
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments 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 amendments to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 90 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically to 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-129. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 61.1. Commonwealth inland waters.
* * * * * (d) Except as otherwise provided in this subpart, the following seasons, sizes and creel limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:
MINIMUM SPECIES SEASONS SIZE DAILY LIMIT ALL SPECIES OF TROUT AND SALMON (except landlocked Atlantic salmon) Regular Season: 8 a.m. first Saturday after April 11, to midnight Labor Day 7 inches 5--Streams, lakes and ponds
(combined species) except areas
with special regulations
Extended Season:
[All approved Trout waters streams plus lakes and ponds] Streams listed as approved trout waters and all waters downstream of streams listed as approved trout waters plus lakes and ponds:
January 1--last day of February and day after Labor Day to midnight, last day of February of the following year.
7 inches 3 (combined species) * * * * *
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.3. Fishing in approved trout waters.
It is unlawful to fish in [designated] approved trout waters [as listed in the Commission's ''Summary of Fishing Regulations and Laws,'' available from the Fish and Boat Commission at Post Office Box 1673, Harrisburg, Pennsylvania 17105,] from 12:01 a.m. March 1 to 8 a.m. on the opening day of trout season in April. As used in this subpart, the term ''approved trout waters'' means designated waters open to public fishing that are stocked with trout. A listing of approved trout waters is published in the Commission's ''Summary of Fishing Regulations and Laws,'' which is available from the Commission at Post Office Box 67000, Harrisburg, PA 17106-7000. The Executive Director or a designee may, from time to time, supplement or modify the list of approved trout waters, and additions or deletions will be published in the Pennsylvania Bulletin.
§ 63.20. Permits for the protection and management of trout and salmon.
* * * * * (f) Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:
* * * * * (2) The person fishes in streams or rivers that are [designated] approved trout waters as defined in § 63.3 (relating to fishing in approved trout waters) or their tributaries during the period from 8 a.m. on the first Saturday after April 11 until 12:01 a.m. on the first Saturday in May. [Designated approved trout waters are listed in the Commission's ''Summary of Fishing Regulations and Laws,'' available from the Commission at Post Office Box 67000, Harrisburg, PA 17106-7000.]
* * * * *
[Pa.B. Doc. No. 02-1252. Filed for public inspection July 19, 2002, 9:00 a.m.]
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