PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 63, 65, 71 AND 73]
Fishing
[36 Pa.B. 1655] The Fish and Boat Commission (Commission) proposes to amend Chapters 63, 65, 71 and 73. The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's website at www. fish.state.pa.us.
C. Statutory Authority
The proposed amendment to § 63.20 (relating to permits for the protection and management of trout and salmon) is published under the statutory authority of section 2904 of the code (relating to permits for protection and management of particular fish). The proposed amendments to §§ 63.46, 71.6 and 73.1 (relating to sale, purchase or barter of injurious, nonnative species; prohibited acts; and transportation) 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).
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 amendments is described in more detail under the summary of proposals.
E. Summary of Proposals
(1) Section 63.20. The requirements for when and where an angler needs a trout/salmon permit are, and historically have been, in § 63.20. With the recent simplification of the specially regulated trout programs in Chapter 65 (relating to special fishing regulations), the special trout regulations were amended to expressly provide, among other things, that a trout/salmon permit is required in those waters and the requirement in § 63.20 was deleted.
Upon a closer review of the amendments, the Commission has determined that as a result of the change to § 63.20, the Commission's law enforcement officers may no longer cite someone under section 2908 of the code (relating to penalties) for fishing in a specially regulated trout water without the required trout/salmon permit. They may only issue a citation under section 2102 of the code. Section 2908 of the code allows imposition of an additional penalty for not having the required permits.
To allow the Bureau of Law Enforcement to initiate an enforcement action under section 2908 of the code for failing to possess a trout/salmon permit while fishing in a specially regulated trout water, an amendment restoring this provision to § 63.20 is required. Accordingly, the Commission proposes to amend § 63.20 to read as set forth in Annex A.
(2) Sections 63.46, 71.6 and 73.1. From time to time, the Commission has found it desirable to specifically prohibit the sale, purchase or barter, possession, introduction, importation and transportation of certain injurious, nonnative species. There are currently nine species listed. They are snakehead (all species), black carp (Mylopharyn- godon piceus), bighead carp (Hypophtalmichtys nobilis), silver carp (Hypophtalmichtys molitrix), zebra mussel (Dreissena polymorpha), quagga mussel (Dreissena bugensis), round goby (Neogobius melanostomus), tubenose goby (Proterothinus marmoratus) and European rudd (Scardinius erythropthalmus).
The Commission proposes adding the rusty crayfish (Orconectes rusticus) and ruffe (Gymnocephalus cernuus) to this list. Rusty crayfish have been introduced into this Commonwealth and have expanded their range primarily in the Susquehanna River basin. They are an aggressive riverine species, and the Commission should provide regulatory disincentives to relocating rusty crayfish from one water body to another. Ruffe is an invasive species in the Great Lakes. However, it has not yet been captured in the Pennsylvania waters of Lake Erie. This species has the potential to compete with yellow perch and should be prevented from being introduced into this Commonwealth. Accordingly, the Commission proposes to amend §§ 63.46, 71.6 and 73.1 to read as set forth in Annex A.
(3) Section 65.24. Since 1999, Cross Creek Lake has been regulated and managed under § 65.9 (relating to big bass special regulations). The lake also is regulated and managed under § 65.11 (relating to panfish enhancement special regulation). When Cross Creek Lake was added to these special regulations programs, the Commission intended that it be removed from the miscellaneous special regulations under § 65.24. However, due to an oversight, the change did not occur at that time. The Commission accordingly proposes to amend § 65.24 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 Commis-sion, 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 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. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-182. 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 § 63.20. Permits for the protection and management of trout and salmon.
* * * * * (e) Fish for trout or salmon. A person fishes for trout or salmon when one of the following applies:
(1) The person fishes in waters under special trout regulations designated under those sections of Chapter 65 (relating to special fishing regulations) that require a trout/salmon permit, wilderness trout streams or their tributaries or Class A wild trout waters or their tributaries.
* * * * * § 63.46. Sale, purchase or barter of injurious, nonnative species.
It is unlawful for a person to sell, purchase, offer for sale or barter the following live species in this Commonwealth:
* * * * * (10) Rusty crayfish (Orconectes rusticus).
(11) Ruffe (Gymnocephalus cernuus).
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 * * * * * [Washington] [Cross Creek Lake] [Bass--15-inch minimum size limit. Panfish groupings--10 per day creel limit combined species within grouping. Sunfish, crappies, rock bass--10 per day creel limit; combined species. Perch--10 per day creel limit; combined species. Catfish--10 per day creel limit; combined species. Other panfish (except those specified above) 10 per day creel limit; combined species. All other species--Inland seasons, size and creel limits apply. See § 61.1.] * * * * *
CHAPTER 71. PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS § 71.6. Prohibited acts.
* * * * * (d) It is unlawful to possess the following live species in this Commonwealth. It is unlawful to introduce or import the following live species into the waters of this Commonwealth:
* * * * * (10) Rusty crayfish (Orconectes rusticus).
(11) Ruffe (Gymnocephalus cernuus).
CHAPTER 73. TRANSPORTATION OF LIVE FISH INTO THIS COMMONWEALTH § 73.1. Transportation.
* * * * * (d) Transportation of the following live species in or through this Commonwealth is prohibited.
* * * * * (10) Rusty crayfish (Orconectes rusticus).
(11) Ruffe (Gymnocephalus cernuus).
[Pa.B. Doc. No. 06-570. Filed for public inspection April 7, 2006, 9:00 a.m.]
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