RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 63 AND 65]
Fishing
[36 Pa.B. 1126] The Fish and Boat Commission (Commission) amends Chapters 63 and 65 (relating to general fishing regulations; and 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 final-form rulemaking pertains to permits for the use of cast nets and throw nets (10 feet in radius or 20 feet in diameter) for the taking of gizzard shad 8 inches or less in length and alewife in waters to be determined by the Executive Director. The final-form rulemaking also eliminates two miscellaneous special regulations pertaining to this subject.
A. Effective Date
The final-form rulemaking will go into effect upon publication of this order in the Pennsylvania Bulletin.
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 addition of § 63.48 (relating to permit for the use of cast nets or throw nets) is published under the statutory authority of section 2102 of the code (relating to rules and regulations). The amendments to § 65.24 (relating to miscellaneous special regulations) are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).
D. Purpose and Background
Currently, there are two miscellaneous special regulations that allow the issuance of permits for the use of cast nets or throw nets for taking live gizzard shad and alewife at Lake Arthur, Butler County, and Raystown Lake, Huntingdon County. The regulations limit the size of cast nets and throw nets to 10 feet in radius (20 feet in diameter) with a mesh size of at least 3/8 inch. The Commission issues between approximately 700 and 800 permits each year at Raystown Lake. The Commission estimates that it will issue less than 100 permits each year on Lake Arthur.
The Commission's regulations pertaining to inland waters, such as Raystown Lake and Lake Arthur, permit an angler to take, catch, kill or possess 50 gizzard shad or alewife on a daily basis. The Commission was contacted by a fishing guide on Raystown Lake who has requested that he and other guides be allowed to possess a daily creel of 100 fish instead of 50 fish. Upon review of this matter, the Commission determined that it is appropriate to allow all holders of cast net permits on Raystown Lake, Lake Arthur and other waters to be determined by the Executive Director, to take, catch, kill or possess 100 gizzard shad and alewife (combined species) on a daily basis. This allowance will not adversely impact the resource.
E. Summary of Changes
Instead of amending the miscellaneous special regulations in § 65.24 for Raystown Lake and Lake Arthur to allow permitholders to take, catch, kill or possess 100 gizzard shad and alewife (combined species) on a daily basis, the Commission adopted a new regulation pertaining to cast nets and throw nets. The addition of § 63.48 will address the broader issue of the Commission's issuance of permits for these types of nets and will eliminate the need for the miscellaneous special regulations on Raystown Lake and Lake Arthur in § 65.24.
New § 63.48 provides that the Executive Director or designee may issue permits for the use of cast nets or throw nets for the taking of gizzard shad eight inches or less in length and alewife only. The new regulation further provides that the Executive Director will issue these permits in waters to be determined by the Executive Director. The Commission intends to issue a separate permit for each individual body of water to allow better management of the affected resources. Initially, the Commission intends to issue permits for the use of cast nets and throw nets at Lake Arthur, Raystown Lake and Shenango Lake in Mercer County. Additional waters could be added at a later date.
A holder of this permit will be allowed to use a cast net or throw net no greater than 10 feet in radius (20 feet in diameter) with a mesh size of at least 3/8 inch. As previously stated, a holder also will be entitled to take, catch, kill or possess a daily creel limit of 100 gizzard shad and alewife (combined species). It will be unlawful to use cast nets or throw nets or to take, catch, kill or possess more than the daily creel limit of gizzard shad and alewife as set forth in § 61.1 (relating to Commonwealth inland waters) without the required permit.
On final-form rulemaking, the Commission amended § 65.24 as set forth in the notice of proposed rulemaking. The Commission also adopted new § 63.48 as set forth in the notice of proposed rulemaking with two changes. The Commission added language to clarify that a separate permit will be required for each body of water determined by the Executive Director to be appropriate for the issuance of cast net or throw net permits. The Commission further included a requirement that gizzard shad and alewife taken under the permit can only be used as live bait in the waters from which they were taken. This requirement is aimed to prevent the introduction of gizzard shad and alewife in waters where they currently are not present. The introduction of alosids can have serious negative impacts on fisheries, especially ones with excellent panfish populations.
F. Paperwork
The final-form rulemaking will create no new paperwork requirements because the new § 63.48 relates to permits that the Commission currently issues under § 65.24. Paperwork will increase as the Executive Director determines that additional waters are appropriate for the issuance of cast net or throw net permits.
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. Under section 2902 of the code (relating to net permits), the Commission has the authority to issue net permits for a fee of $10.
H. Public Involvement
A notice of proposed rulemaking was published at 35 Pa.B. 5268 (September 24, 2005). The Commission received one public comment asking the Commission to consider issuing cast net and throw net permits on Shenango Lake. Copies of all public comments have been 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 63 and 65, are amended by amending § 65.24 to read as set forth in 35 Pa.B. 5268 and by adding § 63.48 to read as set forth in Annex A.
(b) The Executive Director will submit this order, 35 Pa.B. 5268 and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order, 35 Pa.B. 5268 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-176 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.48. Permit for the use of cast nets or throw nets.
(a) The Executive Director or a designee may issue permits for the use of cast nets or throw nets for the taking of gizzard shad 8 inches or less in length and alewife only in waters to be determined by the Executive Director. A separate permit will be required for each body of water.
(b) In addition to other permit conditions that the Executive Director may require, the cast nets or throw nets may be no greater than 10 feet in radius (20 feet in diameter) with a mesh size of at least 3/8 inch.
(c) Notwithstanding the provisions of § 61.1 (relating to Commonwealth inland waters), holders of permits for the use of cast nets or throw nets may take, catch, kill or possess a daily creel limit of 100 gizzard shad and alewife (combined species).
(d) A person may apply for a permit for the use of cast nets or throw nets by completing the form prescribed by the Commission. The applicant shall submit the completed form to the Commission along with the fee specified in section 2902 of the code (relating to net permits).
(e) It is unlawful to use cast nets or throw nets for the taking of gizzard shad and alewife or to take, catch, kill or possess more than the daily creel limit of gizzard shad and alewife as set forth in § 61.1 without the required permit. A permit for the use of cast nets or throw nets shall be carried so that it can be presented to an officer authorized to enforce the code.
(f) It is unlawful to use gizzard shad or alewife taken under a permit for the use of cast nets or throw nets as live bait in any water other than the water from which it was taken.
[Pa.B. Doc. No. 06-390. Filed for public inspection March 10, 2006, 9:00 a.m.]
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