PROPOSED RULEMAKING
[58 PA. CODE CHS. 63 AND 69]
Fishing
[35 Pa.B. 3421] The Fish and Boat Commission (Commission) proposes to amend Chapters 63 and 69 (relating to general 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 amendments clarify the definition of approved trout waters. They also eliminate the minimum size limit for recreationally caught yellow perch in Lake Erie and its tributaries during the period, April 1 through November 30, and for commercially caught yellow perch and increase the recreational creel limit to 30.
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 Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7827. This proposal is available electronically through the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendments to §§ 63.3 and 69.12 (relating to fishing in approved trout waters; 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 amendments to § 69.33 (relating to use of trap nets) are 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 improve, enhance, clarify and update the Commission's fishing regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposals.
E. Summary of Proposals
(1) Section 63.3. This section provides that the term ''approved trout waters'' means ''designated waters open to public fishing that are stocked with trout.'' Prior to late 2002, the Commission's regulations defined the list of approved trout waters as the list contained in the ''Summary Book.'' That definition did not allow the Commission much flexibility in adding and removing waters from the list. Accordingly, the current definition was added.
This definition is not entirely consistent with the way that the Commission historically has designated waters as approved trout waters. Specifically, the Commission historically has designated entire waters or sections of waters as being approved trout waters even though they may contain parts that are closed to public fishing and therefore are not stocked with trout. These waters or sections, however, are primarily open to the public. To remove the portions that are closed to the public from the list of approved trout waters would create a complicated patchwork of waters that are approved trout waters and those that are not. It would create difficulty in enforcement and would cause confusion among anglers.
To make the definition of approved trout waters consistent with the Commission's historical approach, the Commission proposes that § 63.3 be amended to read as set forth in Annex A.
(2) Sections 69.12 and 69.33. Dramatic declines in Lake Erie yellow perch in waters of this Commonwealth during the 1990s required conservative harvest regulations for the fisheries. In 1996, the daily creel limit was reduced to 20 perch and an 8 inch minimum size limit was implemented to reduce exploitation and enhance spawning stock size. In 2002, the Commission amended its regulations to reduce the minimum size limit from 8 inches to 7 inches during the period, December 1 through March 31, while maintaining the 8 inch minimum size limit during the period, April 1 through November 30. An 8.5 inch minimum size limit is in effect for commercially caught yellow perch in this Commonwealth.
Other jurisdictions have implemented yellow perch conservation measures, but none continue to be as conservative as the Commonwealth. None of the jurisdictions have a recreational minimum size limit. Ohio has a creel limit of 30. Other jurisdictions have creel limits of 50.
By 2004, the Lake Erie perch had recovered to levels of abundance seen in the late 1980s with a 350% increase since the early 1990s. Even more dramatic, the 2004 population will more than double in 2005 due to the very large 2003 year-class. The 2004 boat angler survey estimated Commonwealth anglers harvested over 500,000 perch of the 750,000 perch that were caught. Thus, about 198,000 yellow perch were released because they were undersize. Catch and release mortality can be high because of hydraulic decompressing when there are large numbers of undersize yellow perch. With the very strong 2003 year class growing into the population as 3 year olds in 2006, losses could far exceed those seen in previous years.
The opportunity exists to reduce these losses and allow this Commonwealth's yellow perch anglers to benefit from the large yellow perch populations with an increase in harvest with large yellow perch populations. Appropriate regulatory changes include eliminating the minimum size limit for recreationally caught yellow perch during the period, April 1 through November 30, and for commercially caught yellow perch and increasing the recreational creel limit to 30. These actions will reduce the release rate and any associated mortality. The commercial catch will continue to be controlled with a quota set at 30,000 pounds for this Commonwealth for 2005.
The yellow perch population is strong in Lake Erie and this Commonwealth's portion of Lake Erie. The Commission's evaluations suggest that the exceptional fishing should be sustained for several years. Beyond that, fishing quality would depend on yellow perch reproductive success in the coming years. The Commission will continue to be diligent in its assessment of Lake Erie fish stocks and increase the agency's agility in responding to changes in population status.
The Commission proposes to amend §§ 69.12 and 69.33 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 notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by com- pleting 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 DirectorFiscal Note: 48A-174. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
Part II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.3. Fishing in approved trout waters.
It is unlawful to fish in approved trout waters from 12:01 a.m. March 1 to 8 a.m. on the opening day of trout season in April. As used in this subpart, the term ''approved trout waters'' means designated waters that contain significant portions that are open to public fishing [that] and are stocked with trout. A listing of approved trout waters is published in the Commission's ''Summary of Fishing Regulations and Laws,'' which is available from the Commission at Post Office Box 67000, Harrisburg, Pennsylvania 17106-7000. The Executive Director or a designee may, from time to time, supplement or modify the list of approved trout waters, and additions or deletions will be published in the Pennsylvania Bulletin.
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 * * * * * YELLOW PERCH From December 1 through March 31 7 inches [20] 30 From April 1 through November 30 [8 inches] None [20] 30 * * * * *
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 Yellow perch
(Perca flavescens)[8 1/2 inches] None No closed season until the total allowable catch is taken * * * * *
[Pa.B. Doc. No. 05-1174. Filed for public inspection June 17, 2005, 9:00 a.m.]
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