RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CHS. 53 AND 63 ]
Fishing
[38 Pa.B. 1584]
[Saturday, April 5, 2008]The Fish and Boat Commission (Commission) amends Chapters 53 and 63 (relating to Commission property; and general 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).
A. Effective Date
The final-form rulemaking will go into effect immediately upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this 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 web site at www.fish.state.pa.us.
C. Statutory Authority
The amendment to § 53.24 (relating to tournament and fishing derby permits) is published under the statutory authority of section 741 of the code (relating to control of property). The amendment to § 63.40 (relating to fishing tournaments and fishing derbies) is published under the statutory authority of section 2102(a) of the code (relating to rules and regulations).
D. Purpose and Background
The final-form rulemaking is designed to improve, enhance and update the Commission's regulations pertaining to bass tournaments. The specific purpose of the amendments is described in more detail under the summary of changes.
E. Summary of Changes
The Commission has adopted amendments that prohibit bass fishing tournaments on the West Branch, North Branch and main stem of the Susquehanna River that permit the killing of black bass (Micropterus spp). This ban was generated in response to angler concerns about organized events that focus on taking black bass, especially at a time when agency biologists and bass anglers have concerns about the relatively weak reproduction of young smallmouth bass in parts of the river system in recent years. This rule will not apply to tournament harvest of species other than black bass.
On final-form rulemaking, the Commission adopted the amendments as set forth in the notice of proposed rulemaking with the following clarifications. The notice of proposed rulemaking simply referred to bass instead of black bass. In addition, the notice of proposed rulemaking used the term ''harvest'' instead of ''kill.'' As a result of public input, the Commission determined that it would be useful to clarify that the Commission's use of the word ''harvest'' is intended to prohibit the killing of black bass during tournaments. Accordingly, the Commission adopted the amendments as set forth in Annex A.
F. Paperwork
The final-form rulemaking will not increase paperwork and will create new no 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
A notice of proposed rulemaking was published at 37 Pa.B. 6417 (December 8, 2007). Prior to the formal public comment period, the Commission received a total of 33 comments. Thirty-two of the comments supported the proposal. One supported catch and release fishing and personally practices it but believes that if individuals wish to keep some of their catch, they should be allowed to do so. During the formal public comment period, the Commission received 73 comments (of which 11 were from prior commentators). Of the 73 comments, 72 supported the proposal and one opposed it. The Commission received a total of six public comments after the close of the formal public comment period, all supporting the proposed amendments. 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 53 and 63, are amended by amending §§ 53.24 and 63.40 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director will submit this order 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 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: Fiscal Note 48A-199 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 53. COMMISSION PROPERTY § 53.24. Tournament and fishing derby permits.
* * * * * (e) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commission owned or controlled property except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commission owned or controlled property on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant's showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species. It is unlawful to conduct a fishing tournament on the North Branch, West Branch or main stem of the Susquehanna River that allows tournament anglers to kill black bass.
Subpart B. Fishing
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.40. Fishing tournaments and fishing derbies.
* * * * * (d) Prohibited acts. It is unlawful to conduct a fishing tournament or fishing derby on Commonwealth waters except in compliance with permit conditions. It is unlawful to conduct a tournament or fishing derby on Commonwealth waters on the opening day for any species of game fish unless the applicant has made an extraordinary showing that the proposed tournament will not interfere with other fishing and boating activities and the Commission issues a special activity permit containing a specific finding, based upon the applicant's showing, that the permitted activity will not constitute interference. It is unlawful to conduct or participate in a fishing tournament or fishing derby involving the catch or attempted catch of a particular species of fish during the closed season for that species. It is unlawful to conduct a fishing tournament on the North Branch, West Branch or main stem of the Susquehanna River that allows tournament anglers to kill black bass.
[Pa.B. Doc. No. 08-621. Filed for public inspection April 4, 2008, 9:00 a.m.]
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