RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 53, 61 AND 65]
Commission Property; Fishing
[32 Pa.B. 4483] The Fish and Boat Commission (Commission) by this order amends Chapters 53, 61 and 65 (relating to Commission property; seasons, sizes and creel limits; and special fishing regulations). The Commission is publishing these final-form amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form 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 final-form amendments, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The final-form amendment to § 53.27 (relating to use permits for unpowered boats) is published under the statutory authority of section 742(e) of the code (relating to use of property). The amendment to § 61.7 (relating to Susquehanna River and tributaries) is published under the statutory authority of section 2102 of the (relating to rules and regulations). The amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307 of the (relating to waters limited to specific purposes).
D. Purpose and Background
The final-form amendments are designed to update, modify and improve the Commission's regulations pertaining to its property and fishing. The specific purpose of the final-form amendments is described in more detail under the summary of changes.
E. Summary of Changes
Section 53.27. It has come to Commission staff's attention that the current wording of § 53.27(b), requiring use permit decals to be displayed above the waterline on both sides of the bow of the boat, creates a conflict with § 93.5(c) (relating to display of registration number and validation decal). Section 93.5(c) provides that no number other than the registration number may be displayed on either side of the bow of the vessel. The Commission's Boating Advisory Board (BAB) recommended that the Commission adopt the amendment as proposed with a few grammar corrections. The Commission adopted the amendment as proposed with the grammatical corrections suggested by the BAB.
Section 61.7. The Commission recently discovered an error in this section. To correct the error, the Commission adopted the amendment as proposed.
Section 65.24. Dunkard Creek is a low gradient warmwater stream that flows through the rural setting of southern Greene County. The fish populations of Dunkard Creek have been sampled extensively dating to 1976. The dominant gamefish sampled through the years has been smallmouth bass. Dunkard Creek has been documented as one of the highest density smallmouth bass populations in a warmwater stream in Southwest Pennsylvania. Analysis of the smallmouth bass data through 1990 indicated that angler harvest was a major factor in reducing the quality of the bass population. Additionally, results of a 1990 Statewide Smallmouth Bass Angler Opinion Survey suggested that anglers were very interested in quality smallmouth bass fishing through use of more restrictive length limits. These reasons combined to provide the impetus to implement and study a catch and release regulation for black bass on a portion of Dunkard Creek effective in 1995 to improve the overall quality of the smallmouth bass fishery.
Two sampling sites were used in this evaluation, one in the catch and release section and one in the Statewide regulation section. The Dunkard Creek smallmouth bass population abundance, biomass, growth and year class strength demonstrated a similar declining trend from 1984 to 2000 at both sites. The number of smallmouth bass over 12 inches at both sites declined by about 60% for the years 1995 to 2000, compared to the 1984 to 2000 mean. This occurred even though both sites had more restrictive regulations applied over the evaluation period of 1984 to 2000. One site went from a minimum length limit of 10 to 12 inches and from a year-round season to a closed season in the spring, while the other site went to catch and release. The more restrictive harvest regulations should have led to an increase in abundance of smallmouth bass over 12 inches at both sites. Smallmouth bass growth data showed that older bass (5 and 6 years of age) had a slower growth rate over time, even though abundance had been reduced. Rock bass populations also declined at both sites over the study period.
The declining smallmouth bass and rock bass population evidence combined pointed to habitat or water quality deterioration as possible factors. Water quality was not considered a major contributor, but erosion and sedimentation in the watershed as reported in a study by the Greene County Conservation District was identified as a probable cause of the fish population declines. This documentation should serve as emphasis to heighten this awareness and take steps toward reducing and eliminating this pollution problem. Livestock farming operations and dirt and gravel roads were considered the major sediment producing sources in the upper watershed. Other sediment sources include mining and logging areas, runoff from waste sites, haul roads and construction sites.
The Dunkard Creek long-term data set allowed staff to document that the catch and release regulations for bass did not meet their objective of improving the quality of the bass population. However, this data set also allowed staff to discover the chronic effects of erosion and sedimentation on smallmouth bass and rock bass populations in the Dunkard Creek watershed. Conservation groups will now be directed to alleviate this pollution and ultimately return the quality component of the smallmouth bass population to its former state.
The Commission amended § 65.24 to remove the miscellaneous special regulations on Dunkard Creek, as proposed.
F. Paperwork
The final-form amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form amendments will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 32 Pa.B. 1729 (April 6, 2002). The Commission did not receive any public comments regarding the proposed amendments.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments 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 no comments were received.
(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 Chapters 53, 61 and 65, are amended by amending §§ 61.7 and 65.24 to read as set forth at 32 Pa.B. 1729 and by amending § 53.27 to read as set forth in Annex A.
(b) The Executive Director will submit this order, 32 Pa.B. 1729 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 32 Pa.B. 1729 and Annex A 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 DirectorFiscal Note: Fiscal Note 48A-125 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. COMMISSION PROPERTY § 53.27. Use permits for unpowered boats.
(a) The Commission and issuing agents designated by the Commission will issue use permits for unpowered boats when their owners choose not to register them to use Commission lakes and access areas.
(b) Use permits will be issued in the form of decals, showing the expiration date. Decals shall be clearly displayed on both sides of the hull amidships below the gunwale. For low-volume boats, such as kayaks, decals shall be placed on both sides of the deck amidships.
[Pa.B. Doc. No. 02-1590. Filed for public inspection September 13, 2002, 9:00 a.m.]
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