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PA Bulletin, Doc. No. 04-425

PROPOSED RULEMAKING

[58 PA. CODE CH. 65]

Special Fishing Regulations; Delayed Harvest Artificial Lures Only

[34 Pa.B. 1460]

   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 rulemaking relates to permitting all tackle in Delayed Harvest Artificial Lures Only (DHALO) areas during the harvest season of June 15 through Labor Day.

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 § 65.6 (relating to delayed harvest artificial lures only areas) is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

   D.  Purpose and Background

   In this Commonwealth, there are two delayed harvest special regulation programs for trout:  DHALO and Delayed Harvest Fly Fishing Only (DHFFO). Currently, the same tackle restrictions apply to the harvest period as the remainder of the year (that is, either fly fishing only or artificial lures only, depending on which program regulations apply to individual waters). The harvest period allows anglers to take trout that otherwise face less desirable habitat with the onset of warmer water and low flows typical of most seasonal trout stocked streams during the summer. The general concept behind delayed harvest regulations is to maximize total recreational fishing opportunities and to mix in both a harvest and a catch and release component. Using stocked trout and tailoring fishing regulations to take best advantage of changing stream conditions achieve this. As a result of extending the fishing opportunities for a longer period of time, streams in delayed harvest programs are among the most popular for all special regulation trout waters.

   Members of the Traditional Anglers of Pennsylvania (Traditional Anglers) approached the Commission requesting that regulations pertaining to the delayed harvest programs be modified to permit all tackle during the mid-June through Labor Day harvest period. Fundamental to the interests of the Traditional Anglers is the belief that general license and trout stamp dollars pay for stocked trout and thus all anglers should have equal access to harvest. In addition to the equity issue, permitting all tackle during the harvest period might be beneficial in encouraging traditional anglers to the delayed harvest concept. Moreover, by mid-June, all tackle activity on these areas should be less intense because many anglers are less inclined to go trout angling.

   The Commission has reviewed delayed harvest and similar regulations on seasonal trout stocked waters in neighboring jurisdictions as well as the results from studies on delayed harvest waters in this Commonwealth. During the summer ''harvest'' season, Virginia, West Virginia and Maryland have no tackle restrictions and in some cases no minimum length limits on waters that for most of the rest of the year have more restrictive regulations, including no-kill and artificial lures only.

   The Commission believes that the concept of a no-tackle restriction during the harvest period for DHALO areas is worthy of further consideration. Because of the widespread angler interest in the DHALO program, the Commission will solicit public comments during an extended public comment period of 90 days and will hold at least two public meetings. The dates and locations for those meetings have not yet been determined. The Commission invites comments on a number of issues, including the impacts of the proposed amendments on those delayed areas located on waters that flow through private property.

E.  Summary of Proposal

   Both the DHALO and DHFFO programs allow for year-round fishing with no closed season (unlike most other stocked trout waters). Harvest is permitted from mid-June through Labor Day, with catch and release angling at all other times. The Commission proposes to allow the use of bait during the specified time frame only and only on waters in the ''Artificial Lures Only'' side of the delayed harvest program. The Commission proposes to amend § 65.6 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 90 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 Director

   Fiscal Note:  48A-154. 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

§ 65.6.  Delayed harvest artificial lures only areas.

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   (b)  It is unlawful to fish in designated and posted delayed-harvest, artificial lures only areas except in compliance with the following requirements:

   (1)  Fishing may be done with artificial lures only constructed of metal, plastic, rubber or wood or with flies or streamers constructed of natural or synthetic materials. Lures may be used with spinning or fly fishing gear. Use of gear not described in this section is prohibited. Specifically prohibited are the use of molded facsimiles or replicas of insects, earthworms, fish eggs, fish or any invertebrate or vertebrate either singly or in combination with the other materials, except during the period, June 15 through Labor Day.

   (2)  The use or possession of a natural bait, baitfish or fishbait and the use of fishing devices other than artificial lures, flies or streamers is prohibited in these areas, except during the period, June 15 through Labor Day.

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[Pa.B. Doc. No. 04-425. Filed for public inspection March 12, 2004, 9:00 a.m.]


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