RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 65]
Fishing
[35 Pa.B. 2391] The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The changes relate to the elimination of the Selective Harvest and All-Tackle Selective Harvest Programs.
A. Effective Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This final-form rulemaking is available on the Commission's website: www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 65.1 and 65.4b are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).
D. Purpose and Background
The final-form rulemaking is designed to update, modify and improve the Commission's regulations pertaining to fishing. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
(1) Section 65.1. At the July 1994 meeting, the Commission adopted regulations for the Selective Harvest Program. These regulations went into effect beginning with the 1995 season. The Selective Harvest Program was designed to enhance wild trout populations while providing an opportunity for limited harvest of some larger trout. Selective Harvest regulations provided an alternative to Trophy Trout management on wild trout waters where habitat limitations may preclude the stockpiling of older and larger trout as intended under the 14-inch minimum length limit that is applied to Trophy Trout waters. Selective Harvest regulations also were designed to reflect differences in longevity and growth rates, particularly between brown and brook trout. Under these regulations, species specific minimum length limits apply with a 12-inch minimum length limit for brown trout and a 9-inch minimum for other trout species. Angling is permitted on a year-round basis with a two trout per day creel limit (combined species) during the harvest season. On the waters managed under the Selective Harvest Program, gear is restricted to the use of artificial lures, flies and streamers.
Based on data collected from follow-up examinations, the trout populations did not always respond as the Commission intended on some of the waters managed under the Selective Harvest Program. Therefore, to consolidate the number of special regulations used in managing trout populations, the Commission moved the remaining four waters in the program to other special regulations programs, effective January 1, 2005. Thus, there is no need to retain the regulations for the Selective Harvest Program. The Commission accordingly deleted § 65.1 to read as set forth in the notice of proposed rulemaking.
(2) Section 65.4b. At the January 1998 meeting, the Commission adopted regulations for the All-Tackle Selective Harvest Program. These regulations went into effect beginning with the 1999 season. All-Tackle Selective Harvest regulations were designed to enhance wild trout populations and provide the opportunity for limited harvest of some larger trout. As with the Selective Harvest Program, species specific minimum length limits apply with a 12-inch minimum for brown trout and a 9-inch minimum for all other trout species. Angling is permitted on a year-round basis with a two trout per day creel limit (combined species) during the harvest season. However, in contrast to the Selective Harvest Program where angling is restricted to the use of artificial lures, flies and streamers, the All-Tackle Selective Harvest Program was designed to appeal to a broader angling base by allowing the use of natural bait, baitfish and fishbait in addition to artificial lures, flies and streamers.
Based on information from follow-up inventories, the trout populations did not always respond as the Commission intended on the waters managed under the All-Tackle Selective Harvest Program. Therefore, to consolidate the number of special regulations programs used in managing trout populations, the Commission moved the remaining four waters in the program to other special regulations programs, effective January 1, 2005. Thus, there is no need to retain the regulations for the All Tackle Selective Harvest Program. The Commission accordingly deleted § 65.4b to read as set forth in the notice of proposed rulemaking.
(3) Section 65.24. As part of the proposed rulemaking package, the Commission also proposed imposing a catch and release/no harvest fishery for all species on waters located in the Wyoming State Forest, Columbia and Northumberland Counties. The Commission previously adopted this amendment at 34 Pa.B. 6418 (December 4, 2004).
F. Paperwork
The final-form rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking was published at 34 Pa.B. 5162 (September 18, 2004). The Commission did not receive any public comments concerning the proposed amendments to §§ 65.1 and 65.4b.
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 Chapter 65, are amended by deleting §§ 65.1 and 65.4b to read as set forth at 34 Pa. B. 5162.
(b) The Executive Director will submit this order and 34 Pa.B. 5162 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 34 Pa.B. 5162 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.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-160a remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 05-760. Filed for public inspection April 22, 2005, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
