PROPOSED RULEMAKING

[ 58 PA. CODE CH. 71 ]

Fishing; Stocking of Designated Waters

[40 Pa.B. 6152]
[Saturday, October 23, 2010]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 71 (relating to propagation and introduction of fish into Commonwealth waters). 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 this proposed rulemaking, contact Laurie E. Shepler, 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 to § 71.4 (relating to stocking of designated waters) is published under the statutory authority of section 2102 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 administrative regulations. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.

E. Summary of Proposal

 Section 71.4 currently provides that it is unlawful to place fish in waters that have been designated by the Commission as catch and release, wilderness trout or wild trout management waters except with the express written consent of the Executive Director or a designee. Considering the fact that some waters managed under catch and release programs, including Catch-and-Release, Catch-and-Release Fly-Fishing Only and Catch-and-Release All Tackle, are managed by the Commission with the planting of hatchery trout, § 71.4 should be amended to delete the reference to catch and release. In addition, this section should be amended to make it clear that wild trout management waters listed as Class A waters or Wild Brook Trout Enhancement waters are not to be stocked. This is in accord with the Commission's statement of policy in § 57.8a (relating to Class A wild trout streams), which prohibits stocking in Class A wild trout waters.

 The Commission therefore proposes to amend § 71.4 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 not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose 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 com- pleting the form at www.fishandboat.com/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.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: 48A-221. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 71. PROPAGATION AND INTRODUCTION OF FISH INTO COMMONWEALTH WATERS

§ 71.4. Stocking of designated waters.

 It is unlawful to place fish in waters that have been designated by the Commission as [catch and release,] wilderness trout, wild brook trout enhancement or Class A wild trout [management] waters except with the express written consent of the Executive Director or [his] a designee. This section does not prohibit a person from returning fish unharmed to the waters from which they were caught or taken.

[Pa.B. Doc. No. 10-2004. Filed for public inspection October 22, 2010, 9:00 a.m.]

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