PROPOSED RULEMAKING

[58 PA. CODE CHS. 61, 65 AND 69]

Fishing

[35 Pa.B. 2395]

   The Fish and Boat Commission (Commission) proposes to amend Chapters 61, 65 and 69 (relating to seasons, sizes and creel limits; special fishing regulations; and fishing in Lake Erie and boundary lakes). 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 seasons, sizes and creel limits for various species on the Delaware River and River Estuary, the West Branch of the Delaware River in Wayne County and the Conowingo Reservoir. The proposed rulemaking also reduces the size limit and increases the number of walleye that may be taken from Lake Erie and its tributaries.

A.  Effective Date

   The proposed rulemaking, if approved on final-form, will go into effect on January 1, 2006.

B.  Contact Person

   For further information on the proposed rulemaking, contact Laurie E. Shepler, Esq., 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 amendments to §§ 61.2, 61.4 and 69.12 (relating to Delaware River and River Estuary; Conowingo Reservoir; and seasons sizes and creel limits--Lake Erie and Lake Erie tributaries) are 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). The proposed amendment to § 69.33 (relating to use of trap nets) is published under the statutory authority of section 2903 of the code (relating to boats and net licenses for boundary lakes).

D.  Purpose and Background

   The proposed rulemaking is designed to update, modify and improve the Commission's fishing regulations. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposals.

E.  Summary of Proposals

   (1)  Sections 61.2 and 65.24. Three jurisdictions, New York, New Jersey and the Commonwealth, work in a cooperative fashion in setting regulations for the Delaware River and the West Branch because both are border waters. Differences in the rulemaking processes, license years and fisheries within different reaches may result in regulations being out of synchrony for a year or so. However, the jurisdictions attempt to provide consistency for the anglers on these waterways. In the past few months, Commission staff have worked with fisheries personnel from New York and New Jersey regarding changes for 2006. These changes include:

   Northern Pike. In the past few years, there have been occasional catches of northern pike from the Delaware River. These fish most likely originate from a few naturalized populations occurring in the drainage. Currently, regulations on northern pike do not exist. While the Commission does not intend to foster increases of this esocid in the river, it is likely that a low density northern pike population will persist requiring regulation. The Commission proposes a 24-inch minimum length limit, a two fish daily creel limit and a year-round season. This change will provide consistency with New Jersey's regulations. For simplification, the Commission proposes a river wide approach.

   Trout. New York is seeking a 15-day extension to the trout season as part of refining trout regulations Statewide. Currently, the season on the main stem and the West Branch closes at midnight September 30 when a catch-and-release artificial-lures-only begins on the West Branch. The Commission proposes that the regular season be extended 15 days on both waterways. This will provide additional angling opportunity with harvest of one trout per day upstream of I-84, five per day downstream of I-84 and two per day on the West Branch.

   Black Bass (largemouth and smallmouth). Currently a year-round season with a 12-inch minimum length limit and five bass per day applies to the Delaware River and Estuary. Regulation changes recently adopted and effective January 2005 by New Jersey for the Delaware River are similar to Commonwealth inland regulations and are more conservative with respect to harvest during the black bass spawning period. The Commission proposes that the New Jersey/Pennsylvania portion of the river (downstream of I-84) be regulated: (1) to impose a catch-and-immediate release season that begins on the first Saturday after April 11 and extends through 12:01 a.m. the first Saturday after June 11; and (2) to provide an opportunity for competitive anglers to have ''paper'' or catch-measure- immediate release tournaments during the catch-and-release season. This change will provide consistency with New Jersey's regulations.

   Striped Bass. The upstream point of tidal influence at Trenton Falls is used as the boundary for separating freshwater and marine regulations. Use of a more readily identifiable descriptor would be easier for both anglers and law enforcement personnel. The Commission proposes the Calhoun Street Bridge as a more recognizable limit. The extension is approximately 0.5 mile upstream. The Commission proposes that §§ 61.2 and 65.24 be amended to read as set forth in Annex A.

   (2)  Section 61.4. By virtue of an agreement between Maryland and the Commonwealth, the Commonwealth will establish regulations for the Youghiogheny River Lake and Maryland will do the same for the Conowingo Reservoir, being that waters from both occur in both jurisdictions. Maryland's fisheries staff recently notified Commission staff that the Commonwealth regulations for Conowingo Reservoir are not current with ones promulgated by Maryland over the past few years. Thus, the Commission proposes to amend § 61.4 to read as set forth in Annex A so that the Commonwealth's regulations are consistent with those of Maryland.

   (3)  Sections 69.12 and 69.33. Currently, an 18-inch minimum length and four per day creel limit are in effect for walleye taken from the Commonwealth waters of Lake Erie, Presque Isle Bay and peninsular waters. This regulation went into effect on January 1, 2004, and was designed to rebuild Lake Erie walleye populations, which had dipped to the lowest levels since the late 1970s. A relatively strong year class in 2001 was followed by a very poor year class in 2002, and protection was needed to ensure that walleye numbers did not reach dangerously low levels.

   In 2003, the largest year class of walleyes in 2 decades was produced and those fish will be 2 years old and reaching average lengths of between 15 and 18 inches in 2006. This will result in a large number of walleyes that would not be harvestable under current regulations and would be subject to increased mortality due to culling. The purpose of the current (2004) increased size and lowered creel limit was to promote the rehabilitation of the walleye fishery. Based on the strength of the 2001 and 2003 year classes and the sacrifices made by anglers in 2004 and 2005, that objective will have been met. Lowering the minimum length to 15 inches and restoring the creel limit to six per day will allow Pennsylvania Lake Erie anglers to participate fully in the improving walleye fishery. Therefore, the Commission proposes that §§ 69.12 and 69.33 be amended 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 of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

   Comments also may be submitted electronically by completing the form at www.state.pa.us/Fish/ regcomments. 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-166. 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

§ 61.2. Delaware River and River Estuary.

*      *      *      *      *

   (d)  The following seasons, sizes and creel limits apply to the Delaware River and to Delaware River tributaries from the mouths of the tributaries upstream to the first dam in Easton, Pennsylvania:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
TROUT	8 a.m., first Saturday after April 11 to midnight, [September 30] October 15	North of I-84: 14 inches	North of I-84: 1 (combined species)
		South of I-84: no minimum	South of I-84: 5 (combined species)
		West Branch Delaware River:*12 inches	West Branch Delaware River: *2 (combined species)
*      *      *      *      *
BASS Largemouth Smallmouth	North of I-84: Open year-round	12 inches	5 (combined species)
	South of I-84:
	January 1 to midnight the day before the opening day of trout season in April and October 1 to midnight December 31	12 inches	5 (combined species)
	12:01 a.m. the opening day of trout season in April to 12:01 a.m. the first Saturday after June 11	NO HARVEST - Catch and immediate release only
	12:01 a.m. the first Saturday after June 11 to midnight September 30	12 inches	5 (combined species)
MUSKELLUNGE and MUSKELLUNGE HYBRIDS	Open year-round	30 inches	2 (combined species)
*      *      *      *      *
STRIPED BASS and HYBRID STRIPED BASS	From Pennsylvania line upstream to [Trenton Falls] Calhoun Street Bridge: March 1 until March 31, and June 1 until December 31   From [Trenton Falls] Calhoun Street Bridge upstream: open year-round	28 inches	2
*      *      *      *      *
PIKE Northern	Open year-round	24 inches	2

§ 61.4. Conowingo Reservoir.

*      *      *      *      *

   (d)  The following seasons, sizes and creel limits apply to the Conowingo Reservoir, which includes the Susquehanna River from the Maryland State Line upstream to Holtwood Dam:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*      *      *      *      *
PIKE Northern	Open year-round	[24 inches] 30 inches	2 (combined species)
*      *      *      *      *
STRIPED BASS and STRIPED BASS/WHITE BASS HYBRIDS	Open year-round	[20 inches] 18 inches	2 (combined species), only one of which may exceed 30 inches in length
*      *      *      *      *
SUNFISH[, YELLOW PERCH, CRAPPIES, ROCK BASS, CATFISH, SUCKERS, EELS, CARP] (BLUE GILL and ROCK BASS)	Open year-round	No minimum	[No daily limit] 15 (combined species)
CRAPPIES	Open year-round	No minimum	15
CARP	Open year-round	No minimum	15
CHANNEL CATFISH	Open year-round	No minimum	5
SUCKERS	Open year-round	No minimum	30
EELS	Open year-round	6 inches	25
YELLOW PERCH	Open year-round	No minimum	No daily limit
BAIT FISH FISH BAIT, except MADTOMS		No minimum	No daily limit
MADTOMS		No minimum	35

CHAPTER 65. SPECIAL FISHING REGULATIONS

§ 65.24. Miscellaneous special regulations.

   The following waters are subject to the following miscellaneous special regulations:

County	Name of Water	Special Regulations
*      *      *      *      *
Wayne	West Branch Delaware River	Trout: From the Pennsylvania/New York border downstream to the confluence with the East River Branch of the Delaware River: no-harvest artificial lures only season on trout from October [1] 16 until midnight of the Friday before opening day of trout season. During the no-harvest artificial lures only season:
*      *      *      *      *

CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES

Subchapter B. SPORT FISHING AND ANGLING

§ 69.12. Seasons, sizes and creel limits--Lake Erie and Lake Erie tributaries.

*      *      *      *      *

   (f)  Subject to the provisions of subsections (d) and (e), the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*      *      *      *      *
WALLEYE	January 1 to midnight March 15 and 12:01 a.m. the first Saturday in May to December 31	[18 inches] 15 inches	[4] 6
*      *      *      *      *

Subchapter D. COMMERCIAL FISHING, SEASONS AND NETS

§ 69.33. Use of trap nets.

*      *      *      *      *

   (b)  Species. A commercial trap net licensee may not possess or sell a fish except in compliance with the following size limits and seasons. The following size limits apply to commercial trap net licensees except that 5% of each licensee's daily catch by number per species may be undersized fish that may be lawfully sold:

Species	Size Limit	Season
*      *      *      *      *
Walleye (Stizostedion vitreum)	[18 inches] 15 inches	January 1 to midnight March 15 and 12:01 a.m. the first Saturday in may to December 31. This season will close when the total allowable catch for walleye is taken.
*      *      *      *      *

[Pa.B. Doc. No. 05-763. Filed for public inspection April 22, 2005, 9:00 a.m.]

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