RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 61, 65 AND 69]
Fishing
[35 Pa.B. 5007] The Fish and Boat Commission (Commission) amends 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 final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The final-form rulemaking relates to the seasons, sizes and creel limits for various species in the Delaware River and River Estuary, the West Branch of the Delaware River in Wayne County and the Conowingo Reservoir. The final-form 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 final-form rulemaking will go into effect on January 1, 2006.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Chief Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's website at www.fish.state.pa.us.
C. Statutory Authority
The amendments to §§ 61.2, 61.4 and 69.12 (relating to Delaware River and Estuary; Conowingo Reservoir; and seasons sizes and creels 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 amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307 of the code (related to waters limited to specific purposes). The 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 final-form rulemaking is designed to update, modify and improve the Commission's fishing regulations. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
(1) Section 61.2. 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 coordinate and attempt to provide consistency for the anglers.
Northern Pike. In the past few years, the Commission has become aware of occasional catches of northern pike from the Delaware River, which most likely originate from a few naturalized populations occurring in the drainage. Currently, regulations on northern pike do not exist. While it is not the Commission's intent to foster increases in this esocid in the river, it is likely that a low density northern pike population will persist. The Commission has adopted a 24-inch minimum length limit, a two fish daily creel limit and a year-round season to provide consistency with New Jersey's regulations. For simplification, the Commission has adopted a river wide approach even though pike have not been reported in the West Branch and the upper main stem to any great extent.
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 has extended the regular season 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 creel limit applies to the Delaware River and Estuary. Regulation changes recently adopted and effective January 2005 by New Jersey for the Delaware River are more conservative with respect to harvest during the black bass spawning period. The Commission has adopted amendments regarding the New Jersey/Pennsylvania portion of the river (downstream of I-84) that: (1) 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) 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. Accordingly, the Commission has adopted the Calhoun Street Bridge as a more recognizable limit. The extension is approximately 0.5 mile upstream.
The Commission has amended §§ 61.2 and 65.24 to read as set forth in the notice of proposed rulemaking.
(2) Section 61.4. By virtue of an agreement between the State of Maryland and the Commonwealth regarding shared jurisdictional waters, the Commonwealth will establish regulations for the Youghiogheny River Lake and Maryland will do the same for the Conowingo Reservoir. Maryland's fisheries staff recently notified the Commission that the Commonwealth's regulations for the Conowingo Reservoir are not current with Maryland's regulations. Thus, the Commission has amended its regulations pertaining to northern pike, striped bass and striped bass/white bass hybrids, sunfish, crappies, carp, channel catfish, suckers, eels, yellow perch and madtoms so that they are consistent with Maryland's regulations. The Commission has amended § 61.4 to read as set forth in the notice of proposed rulemaking.
(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 this 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. A relatively strong year class in 2001 was followed by a 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 3 years of age 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 regulations 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. Accordingly, the Commission has lowered the minimum size limit to 15 inches and has restored the creel limit to six per day. The Commission amended §§ 69.12 and 69.33 to read as set forth in the notice of proposed rulemaking. This action will allow Pennsylvania Lake Erie anglers to participate fully in the improving walleye fishery.
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
Notice of proposed rulemaking was published at 35 Pa.B. 2395 (April 23, 2005). The Commission did not receive any public comments regarding the proposed amendments to §§ 61.2, 61.4 and 65.24. Prior to the formal public comment period, the Commission received one public comment opposing the amendments to §§ 69.12 and 69.33. The Commission received one comment opposing these changes following the formal public comment period. Copies of all public comments were provided to the Commissioners.
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 the comments that were received were considered.
(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 Chapters 61, 65 and 69, are amended by amending §§ 61.2, 61.4, 65.24, 69.12 and 69.33 to read as set forth at 35 Pa.B. 2395.
(b) The Executive Director will submit this order and 35 Pa.B. 2395 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 35 Pa.B. 2395 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on January 1, 2006.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-166 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 05-1673. Filed for public inspection September 9, 2005, 9:00 a.m.]
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