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PA Bulletin, Doc. No. 09-2001

NOTICES

Temporary Changes to Fishing Regulations; Miscellaneous Special Regulations Regarding Lake Erie Tributaries

[39 Pa.B. 6297]
[Saturday, October 24, 2009]

 On October 26, 2009, Act 40 of 2009 will go into effect. This act amends 30 Pa. Code § 2907.2 (relating to Lake Erie fishing permits), to provide that a special Lake Erie permit is required to fish in Lake Erie, Presque Isle Bay and their tributaries, including waters that flow into those tributaries, instead of ''the Pennsylvania waters of Lake Erie, Presque Isle Bay and their tributaries'' only. This amendment requires anglers, effective October 26, to procure a Lake Erie fishing permit to fish in Conneaut Creek, Turkey Creek and their tributaries when previously one was not required because although these streams begin in this Commonwealth, they enter Lake Erie in Ohio. Although a Lake Erie permit will be required to fish these streams, Act 40 also provides that proceeds derived from their sale may now be used to fund projects on those waters.

 The Commission's regulations at 58 Pa. Code § 65.24 (relating to miscellaneous special regulations) currently provide that a Lake Erie permit is not required on Conneaut Creek, Turkey Creek and their tributaries. To be consistent with the new law, this section must be amended to remove that language.

 In addition, the Commission currently applies the seasons, sizes and creels limits applicable to Lake Erie and its tributaries under § 69.12 (relating to seasons, sizes and creel limits—Lake Erie and Lake Erie tributaries) to the portion of Conneaut Creek that flows through Erie County. However, the Commission applies the seasons, sizes and creel limits applicable to Commonwealth inland waters under § 61.1 (relating to Commonwealth inland waters) to the portion of Conneaut Creek and its tributaries that flow through Crawford County except with regard to salmon and steelhead that are addressed in § 65.24. To be consistent with the new law, § 65.24 must be amended to remove the existing language. With this change, the Commission will apply the Lake Erie seasons, sizes and creel limits to the entire length of Conneaut Creek and its tributaries. The Commission is actively developing a viable steelhead fishery in Conneaut Creek by annually stocking smolts.

 The Executive Director of the Commission, acting under the authority of 58 Pa. Code § 65.25 (relating to temporary changes to fishing regulations), has taken immediate action to amend § 65.24 as follows. This temporary modification will go into effect on October 26, 2009, and will remain in effect until the Commission, by appropriate action, rescinds the regulations.

§ 65.24. Miscellaneous special regulations.

 The following waters are subject to the following miscellaneous special regulations:

County Name of Water Special Regulations
    * * *     * * *           * * *
[Crawford and Erie] [Conneaut Creek
E. Branch Conneaut Creek
M. Branch Conneaut Creek
W. Branch Conneaut Creek
Mud Run
Stone Run] 		[Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the first Saturday after April 11.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.]
[Crawford] [Crazy Run] [Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the first Saturday after April 11.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.]
    * * *     * * *           * * *
[Erie] [E. Branch
Conneaut Creek
Marsh Run
Temple Run
Turkey Creek] 		[Salmon and Steelhead: 12:01 a.m. the day after Labor Day until midnight the Thursday before the first Saturday after April 11.
Minimum size limit: 15 inches.
Daily creel limit: 3 (combined species).
Lake Erie fishing permit is not required.]

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

[Pa.B. Doc. No. 09-2001. Filed for public inspection October 23, 2009, 9:00 a.m.]

[39 Pa.B. 6297]
[Saturday, October 24, 2009]


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