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PA Bulletin, Doc. No. 07-436

PROPOSED RULEMAKING

[58 PA. CODE CH. 65]

Fishing; Special Fishing Regulations

[37 Pa.B. 1220]
[Saturday, March 17, 2007]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). 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 rulemaking removes a special fishing regulation applicable to Sugar Lake, Crawford County.

A.  Effective Date

   The proposed rulemaking, if approved on final-form rulemaking, will go into effect on January 1, 2008.

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 proposed rulemaking is available on the Commission's website at www.fish. state.pa.us.

C.  Statutory Authority

   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 improve, enhance and update the Commission's fishing regulations. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.

E.  Summary of Proposal

   Sugar Lake is a 90-acre natural lake in southeastern Crawford County. A miscellaneous special regulation has been in place on this lake that provides for a 36-inch minimum size limit and 1 per day creel limit on muskellunge. The Commission recently amended Chapter 61 (relating to seasons, sizes and creel limits) to implement a 40-inch minimum size and 1 per day creel limit for muskellunge Statewide. The Commission therefore proposes that Sugar Lake be removed from management under the miscellaneous special regulations and be managed under the new Statewide regulation for muskellunge. The Commission 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 Commission, 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 completing 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 another manner will not be accepted.

DOUGLAS J. AUSTEN, Ph.D.,   
Executive Director

   Fiscal Note: 48A-190. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

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
*      *      *      *      *
  [Crawford Sugar Lake Muskellunge--36-inch minimum size limit and a 1 muskellunge daily a
creel limit. Other species--inland regulations apply.]
*      *      *      *      *

[Pa.B. Doc. No. 07-436. Filed for public inspection March 16, 2007, 9:00 a.m.]



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