PROPOSED RULEMAKING
[ 58 PA. CODE CH. 65 ]
Fishing; Special Fishing Regulations
[40 Pa.B. 7238]
[Saturday, December 18, 2010]The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations) to read as set forth in Annex A. 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 Wayne Melnick, 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 amendments to § 65.24 (relating to miscellaneous special regulations) are 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 fishing regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
In recent years, annual Commission biological assessment catch rates of smallmouth bass in the lower Susquehanna River (below Sunbury, PA) and in the Juniata River have fallen below the catch rates of the middle to late 1990s. This has not been the case for other rivers or river reaches in this Commonwealth, including the West Branch of the Susquehanna River and the North Branch of the Susquehanna River. These decreases in catch rates have been attributed, in part, to decreases in young-of-year recruitment.
Historically, reductions in smallmouth bass young-of-year recruitment could be explained, in part, by late spring river discharge. High late spring discharges tend to lead to reduced densities of young smallmouth bass, whereas lower spring discharges tend to lead to higher densities of young in summer assessments. Since 2002, while this pattern continued on the North Branch of the Susquehanna River, recruitment on the mainstem has been consistently below average. Since 2005, the Commission has documented that low flows and relatively warm water temperatures have been associated with high incidences of Columnaris bacterial disease in young-of-year bass. Columnaris is a common soil bacterium that typically does not appear unless fish are under some type of stress. Studies conducted by the United States Geological Survey in 2008 and 2009 have documented that low stream flows and warmer water temperatures are associated with relatively low dissolved oxygen levels in near shore nursery habitat for young-of-year bass. These conditions are typically associated with relatively high plant growth and point to possible nutrient loading concerns. Work continues to identify the causes of low recruitment and disease, with immediate solutions challenging a broad spectrum of scientists from State and Federal resource management agencies.
Reduced densities of smallmouth bass are likely to continue until and unless survival of above average year classes persists through adulthood in the lower Susquehanna River and Juniata River. To preserve good quality fishing in the face of declining smallmouth bass abundance and provide for enhanced preservation of young fish recruiting to the population, the Commission proposes to amend § 65.24 to impose catch and release regulations on smallmouth and largemouth bass in portions of the Susquehanna River and Juniata River that are currently regulated under § 65.9 (relating to big bass special regulations). Tournaments will be prohibited during the bass spawning period in the spring. During the remainder of the year, catch-measure-immediate release tournaments only will be permitted. The proposed amendments will apply to all species of black bass residing in the Susquehanna and Juniata Rivers to remain consistent with the way that black bass historically have been managed in these rivers.
Preliminary modeling has demonstrated anticipated increases in smallmouth bass density (4 years of age or older) in association with these regulations of 15% or less in the near term versus no regulatory change. Although these anticipated changes are relatively small, the Commission believes that action is necessary now since improvements in recruitment indices in the lower Susquehanna and lower Juniata Rivers have not been evident and are impossible to forecast in advance.
The Commission remains steadfast in its commitment to improving and sustaining high quality black bass fishing in the Susquehanna drainage and throughout this Commonwealth. Commission staff will continue monitoring the abundance of all sizes of smallmouth bass and continue indexing production of young. The Commission may revisit these regulations in the future depending on the condition of the fishery.
The Commission proposes that § 65.24 be amended to read as set forth in Annex A. If adopted on final-form rulemaking, these amendments will go into effect upon publication in the Pennsylvania Bulletin, which likely will not occur until late spring of 2011. In the interim, it is important to preserve good quality fishing and to provide for enhanced preservation of young fish recruiting to the population. Accordingly, the Executive Director has exercised his authority under § 65.25 (relating to temporary changes to fishing regulations) to make these changes effective on January 1, 2011, by publication of a notice at 40 Pa.B. 6366 (October 30, 2010). These temporary modifications will go into effect on January 1, 2011, and will remain in effect until the Commission, by appropriate action, amends § 65.24.
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 direct adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose new direct costs on the general public. Some members of the private sector and regulated community have asserted that the proposed rulemaking will have a negative financial impact on bass fishing tournament organizers and bait and tackle merchants.
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 90 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 any other manner will not be accepted.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-223. 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 * * * * *
Cumberland, Dauphin, Juniata, Lancaster, Northumberland, Perry, Snyder, York Susquehanna River (98.0 miles) from the inflatable dam near Sunbury downstream to Holtwood Dam Bass (smallmouth and largemouth)—No harvest year-round—catch and immediate release only; From 12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11—No tournaments; Remainder of the year—
Catch-measure-immediate release tournaments onlyDauphin, Juniata, Perry Juniata River (31.7 miles) from SR0075 bridge at Port Royal downstream to the mouth Bass (smallmouth and largemouth)—No harvest year-round—catch and immediate release only; From 12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11—No tournaments; Remainder of the year—
Catch-measure-immediate release tournaments only* * * * *
[Pa.B. Doc. No. 10-2404. Filed for public inspection December 17, 2010, 9:00 a.m.]
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