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PA Bulletin, Doc. No. 08-1095

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 63 ]

Fishing

[38 Pa.B. 3241]
[Saturday, June 14, 2008]

   The Fish and Boat Commission (Commission) proposes to amend Chapter 63 (relating to general 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).

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 web site at www. fish.state.pa.us.

C.  Statutory Authority

   The proposed amendment of § 63.8 (relating to long bows, crossbows, spears and gigs) is published under the statutory authority of section 2102(b) of the code (relating to rules and regulations).

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

   Currently, § 63.8(a) allows the use of long bows and arrows, including compound bows, crossbows, spears and gigs to take carp and suckers in Commonwealth waters and waters bounding and adjacent thereto. Under § 63.8(b), catfish may also be harvested by these gear in the Delaware River. A number of anglers recently have expressed to Commission staff a desire to be permitted to harvest catfish with these gear in all Commonwealth waters. This method of angling is not anticipated to result in any significant population level impacts to catfish, as the angler use levels are likely to be relatively low throughout this Commonwealth.

   Currently, under § 63.8(b)(1), the harvest of herring is permitted in the Delaware River. Considering the current declines in river herring populations along the entire Atlantic coast, the Commission believes that the harvest of these species by longbows, crossbows, spears and gigs should no longer be permitted. Finally, § 63.8(b)(2) restricts the use of long bows and arrows, including compound bows, crossbows, spears or gigs to take fish within 275 yards of an eel weir. This is an archaic regulation that is proposed to be removed at this time. The Commission proposes that § 63.8 be amended to read as set forth in Annex A.

F.  Paperwork

   The proposed rulemaking will not increase paperwork and will not create 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 notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

   Comments also may be submitted electronically by completing the form at www.fishandboat.com/reg comments. 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 Director

   Fiscal Note: 48A-203. 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

§ 63.8. Long bows, crossbows, spears and gigs.

   (a)  General. Except as otherwise provided in this part, carp [and], suckers and catfish may be taken with long bows and arrow, including compound bows, crossbows, spears or gigs any hour of the day or night aided by a light at night if so desired, in Commonwealth waters and waters bounding and adjacent thereto.

   (b)  [Delaware River. The following provisions apply to use of long bows and arrow, including compound bows, crossbows, spears and gigs on the Delaware River:

   (1)  In addition to the species in subsection (a), herring, except shad, and catfish may be taken.

   (2)  It is unlawful to use long bows and arrow, including compound bows, crossbows, spears and gigs to take fish within 275 yards of an eel weir.

   (3)  Except as provided in paragraph (1), it is unlawful to take any fish on the Delaware River by means of long bows and arrow, including compound bows, crossbows, spears or gigs.

   (c)]  * * *

   [(d)] (c)  * * *

[Pa.B. Doc. No. 08-1095. Filed for public inspection June 13, 2008, 9:00 a.m.]

   


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