RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 61, 63, 65 AND 69]
Fishing
[36 Pa.B. 5872]
[Saturday, September 23, 2006]The Fish and Boat Commission (Commission) amends Chapters 61, 63, 65 and 69. The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2007.
B. Contact Person
For further information on the final-form rulemaking, contact Laurie E. Shepler, Esq., 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 §§ 61.1, 61.2, 63.3, 65.26, 69.12 and 69.12a are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The 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 amendments to §§ 65.4a, 65.7, 65.9, 65.12 and 65.24 are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).
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) Sections 61.1 and 65.26. Recently, a question arose as to which waters the extended season applies. Section 61.1 (relating to Commonwealth inland waters) states that the extended season applies to ''streams listed as approved trout waters and all waters downstream of streams listed as approved trout waters, plus lakes and ponds.'' Section 65.26 (relating to extended trout seasons), on the other hand, states that the extended season is in effect on ''approved trout waters and downstream areas, plus lakes and ponds.'' The wording of these sections does not reflect that lakes and ponds themselves can be approved trout waters or that lakes and ponds can be waters downstream of approved trout waters. Therefore, the Commission proposed that these sections be amended to provide that the extended season applies to approved trout waters and all waters downstream of approved trout waters. The Commission adopted the proposed amendments to read as set forth in the proposed rulemaking.
(2) Section 63.20. Under § 63.20(e), a trout/salmon permit is required when a person fishes in streams or rivers that are approved trout waters or their tributaries during the 2-week period that begins on the first Saturday after April 11. However, this 2-week period does not cover the period when the Commission is actively stocking trout. Therefore, the Commission proposed that § 63.20 be amended to provide that a trout/salmon permit is required when a person fishes in streams and rivers that are approved trout waters or their tributaries from March 1 through May 31. This period more accurately reflects the period during which the majority of the Commission's stocking occurs. In addition, the requirement is consistent with the Commission's thinking that trout are the primary species being targeted by anglers during that time period. The Commission adopted the proposed amendment to this section to read as set forth in the proposed rulemaking.
(3) Sections 65.12 and 61.1, 61.2, 63.3, 65.4a, 65.7, 65.9, 65.24, 69.12 and 69.12a. Under the current regulations for Commonwealth inland waters, the opening day of the regular trout season occurs on the first Saturday after April 11. Considering the fact that differences exist in climate across this Commonwealth, the time frame for providing optimum conditions for trout angling during the spring is earlier in portions of southern Pennsylvania, particularly in southeastern Pennsylvania. For example, in southeastern Pennsylvania, air temperatures tend to be warmer earlier in the spring as compared with other regions of this Commonwealth. These warmer temperatures also provide conditions better suited for trout angling at an earlier time in the spring in this region of this Commonwealth. However, these same warming conditions also can limit trout angling opportunities by mid-spring on many southeastern Pennsylvania waters. The combination of a mid-April opening day and the potential for these waters to become too warm for trout angling by mid-May constricts the amount of time that trout angling can be provided. The Commission therefore proposed the establishment of an earlier opening day in this region of this Commonwealth to address this problem.
Another issue that an earlier opening day in southeastern Pennsylvania will address is the growing concerns with the movement of stocked trout prior to opening day as well as the fact that some fish die between the time of stocking and opening day. A southeast regional opening day will provide the opportunity to stock trout in southeastern Pennsylvania earlier for the earlier opening day and shift the stocking to the other regions for the later opening day. This will effectively help to shorten the times between stocking and opening day throughout this Commonwealth.
The Commission reviewed several alternative boundaries for the southeast regional opening day and proposed to utilize the alternative that covers the following 18 counties: Adams, Berks, Bucks, Chester, Cumberland, Dauphin, Delaware, Franklin, Juniata, Lancaster, Lebanon, Lehigh, Montgomery, Northampton, Perry, Philadelphia, Schuylkill and York. To provide for an earlier opening day in southeastern Pennsylvania, the Commission proposed a new special regulations program entitled the Regional Opening Day of Trout Season Program (program) in § 65.12 (relating to Regional Opening Day of Trout Season Program). This program will allow the Executive Director, with the approval of the Commission, to designate waters in certain regions as waters subject to the Regional Opening Day of Trout Season regulations. The opening day of trout season for these waters will be the first Saturday after March 28, 2 weeks earlier than the current opening day. The Commission adopted proposed § 65.12 to read as set forth in the proposed rulemaking.
With the creation of a regional opening day, the Commission also amended § 61.1 and § 63.3 (relating to fishing in approved trout waters) to read as set forth in the proposed rulemaking to reflect that it is unlawful to fish in approved trout waters regulated under the program from 12:01 a.m. on March 1 to 8 a.m. on the first Saturday after March 28. This prohibition is in addition to the current prohibition against fishing in approved trout waters regulated under § 61.1 from 12:01 a.m. on March 1 to 8 a.m. on the first Saturday after April 11. The creation of a regional opening day also required minor amendments to §§ 61.1, 61.2, 65.4a, 65.7, 65.9, 65.24, 69.12 and 69.12a to clarify that the opening day that is referred to in those sections is the opening day of the regular trout season (that is, the first Saturday after April 11). The Commission amended these sections to read as set forth in the proposed rulemaking.
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 not have an adverse fiscal impact on the Commonwealth or its political subdivisions. However, the Commission will incur relatively nominal costs to print and post new signs for waters included in the program. The final-form rulemaking will impose no new costs on the private sector or the general public.
H. Public Involvement
The proposed rulemaking was published at 36 Pa.B. 2708 (June 3, 2006). The Commission received a total of ten public comments concerning the proposed program--eight prior to the official comment period, one during and one after. Four of the comments supported the proposed rulemaking and six opposed it. Copies of all public comments were provided to the Commissioners.
Anglers also were recently interviewed as part of the Lehigh River survey. When interviewed, anglers were advised that the Commission was considering a change that would create two different opening days of trout season in regions of this Commonwealth and that under this option, the current opening day would continue to apply over much of this Commonwealth, but for waters in southeastern Pennsylvania, the season would open approximately 2 weeks earlier than the present opening day. The survey included 454 anglers; 346 or 76% responded that they ''agreed.''
The Commission did not receive any public comments concerning the other proposals in the proposed rulemaking.
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, 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, 63, 65 and 69, are amended by amending §§ 61.1, 61.2, 63.3, 63.20, 65.4a, 65.7, 65.9, 65.24, 65.26, 69.12 and 69.12a and by adding § 65.12 to read as set forth at 36 Pa.B. 2708.
(b) The Executive Director shall submit this order and 36 Pa.B. 2708 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 36 Pa.B. 2708 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on January 1, 2007.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-183 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 06-1864. Filed for public inspection September 22, 2006, 9:00 a.m.]
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