PROPOSED RULEMAKING
[58 PA. CODE CH. 65]
Special Conservation Waters; Crawford County
[34 Pa.B. 1458] The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to terminating the Commission's Warmwater/Coolwater Species Special Conservation Waters Program (program) and imposing a new miscellaneous special regulation for muskellunge on Sugar Lake, Crawford County.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect on January 1, 2005.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available on the Commission's website: www.fish.state.pa.us.
C. Statutory Authority
The proposed amendment to § 65.8 (relating to warmwater/coolwater species special conservation waters) is published under the statutory authority of section 2102 of the code (relating to rules and regulations). The proposed amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).
D. Purpose and Background
This proposed rulemaking is designed to update, modify and improve the Commission's special fishing regulations. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal.
E. Summary of Proposal
(1) Section 65.8. At its April 1986 meeting, the Commission adopted regulations for its new program. This program began a major Commission initiative to provide enhanced management for warmwater/coolwater fisheries. Rationale for the more restrictive length and creel limits included the need for additional protection of new or reclaimed lake fisheries, rehabilitating fisheries significantly impacted by angling pressure and restructuring of fish populations where the sport fish communities are not of the composition desired to provide recreational angling closer to the capability of the individual water. Since implementation of the program, use has been expanded to major riverine habitat and to select reservoirs during major drawdowns.
Considerable evaluation work, both biologically and angler demand wise, occurred on a number of waters involved in the program during the years following implementation. At the same time, development of other special regulation programs for managing warmwater/coolwater fisheries gave fisheries managers alternatives to the more inclusive and sometimes unnecessary regulations in the program. Results of biological and angler sampling provided the means for the Commission to shift waters in this program to other programs, including the Big Bass and more recently the Panfish Enhancement programs.
To consolidate the number of special regulations used in managing warmwater/coolwater fisheries, the Commission has redesignated the remaining three conservation lakes to other programs, effective January 1, 2005. Thus, there is no need to retain the regulations for warmwater/coolwater species special conservation waters. Accordingly, the Commission proposes to remove this section as set forth in Annex A.
(2) Section 65.24. Sugar Lake, a 90-acre productive natural lake in Crawford County, was added to the program in 1987. The new set of regulations involved increased minimum length limits and reduced possession limits as part of a major initiative for enhanced management of warmwater/coolwater species. Since program inception, management of warmwater/coolwater species has evolved considerably with the establishment of §§ 65.9 and 65.11 (relating to big bass special regulations; and panfish enhancement special regulation) and considerable study on response of fish populations to more restrictive regulations. Thus, the Commission has moved several conservation waters to other programs.
Sugar Lake contains an abundant bass population, a rather dense panfish population characterized by slow growing individuals (bluegill, black crappie and yellow perch) and a robust muskellunge population for the size of the lake. Sugar Lake serves as a brood lake in muskellunge propagation activities. To maintain and enhance fishing opportunities there, the Commission already has added Sugar Lake to the list of waters managed and regulated under § 65.9, effective January 1, 2005. The Commission also proposes that a miscellaneous special regulation for muskellunge be adopted that imposes a 36-inch minimum size limit and a one fish daily creel limit. Although Commission staff has not sampled intensively the muskellunge in Sugar Lake, the higher minimum size limit has led to improvements in size structure. For all other species, Commonwealth inland regulations will apply. The Commission proposes to amend § 65.24 to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication 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.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-152. 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 § 65.8. [Warmwater/coolwater species special conservation waters] (Reserved).
[(a) The Executive Director, with the approval of the Commission, may designate waters as warmwater/coolwater special conservation waters. The designation of the waters shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish for the following species in designated and posted warmwater/coolwater special conservation waters except in compliance with the seasons established in § 61.1 (relating to the Commonwealth inland waters) and the following size and creel limits:
Species Size (in) Creel Limit Walleye and hybrids 20 2 Muskellunge and Muskellunge hybrids 36 1 Chain pickerel 20 2 Northern pike 28 1 Sunfish 10 Crappie and White bass 10 Yellow perch 10 Catfish 50 Carp and suckers 50 White perch 50 Other species--Inland size and creel limits apply. (c) It is unlawful to fish for bass (all species) in designated and posted warmwater/coolwater special conservation waters except in compliance with the following seasons and size and creel limits. It is not a violation of this subsection if the bass is immediately returned unharmed to the waters from which it is taken.
Seasons Size (in) Creel Limit Lakes:
January 1 to midnight the day before the opening day of
trout season in April and 12:01 a.m. the first Saturday after June 11 to midnight
December 3115 4 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01
a.m. the first Saturday after June 11NO HARVEST--Catch and immediate release only (No Tournaments Permitted) Rivers and Streams:
January 1 to midnight the day before the opening day of
trout season in April and October 1 to midnight December 3115 4 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01
a.m. the first Saturday after June 11NO HARVEST--Catch and immediate release only (No Tournaments Permitted) 12:01 a.m. the first Saturday after June 11 to midnight September 30 15 4 (combined species) Note: For purposes of this subsection, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ''rivers.'']
§ 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations * * * * * Crawford Sugar Lake Muskellunge--36-inch minimum size limit and a one muskellunge daily creel limit. Other species--inland regulations apply. * * * * *
[Pa.B. Doc. No. 04-424. Filed for public inspection March 12, 2004, 9:00 a.m.]
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