PROPOSED RULEMAKING
[ 58 PA. CODE CH. 65 ]
Fishing; Special Fishing Regulations
[41 Pa.B. 2447]
[Saturday, May 14, 2011]The Fish and Boat Commission (Commission) proposes to amend 58 Pa. Code Chapter 65 (relating to special 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). The proposed amendments modify and update the Commission's fishing regulations.
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 amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).
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
Leaser Lake is a 117-acre Commission-owned impoundment located in the rural northwestern corner of Lehigh County in the Ontelaunee/Maiden Creek drainage basin situated approximately 20 miles directly northwest of center city Allentown. Leaser Lake was subjected to a complete drawdown in fall 2008 following a partial drawdown to a safe level of 40 acres that was maintained for a number of years. The final drawdown was necessary to carry out extensive repairs to the leaking dam. Leaser Lake provided fishing for resident warm/coolwater fish populations as well as a seasonal catchable trout fishery with many individuals traveling from the Lehigh Valley metropolitan area (Allentown-Bethlehem-Easton) to fish in Leaser Lake's scenic setting.
The Commission's Division of Fisheries Management will propose a stocking plan for Leaser Lake that will be directed at establishing a high quality warm/coolwater fish population based on fingerling stockings. Adult trout stockings will follow after the warm/coolwater fishery is opened. Past experiences with another Leaser Lake drawdown and the creation of other warm/coolwater fisheries in new southeastern Pennsylvania impoundments have been that to develop high quality fish populations and fisheries in reclaimed or new lakes, which is something the public has expected when a ''new'' lake is opened, the lakes need to be closed to fishing for an extended period of time. This allows fish populations and individual fish to grow to desirable sizes that satisfy anglers when the lakes are opened. Based upon past growth rates in Leaser Lake, the lake will need to be closed to fishing until the opening day of bass season in June 2016. The Commission therefore proposes to amend § 65.24 to read as set forth in Annex A.
The positive aspect of the proposed rulemaking is the offering of an exceptional warm/coolwater fishing opportunity in an urban area when Leaser Lake is opened. The negative aspect is the loss of recreational angling for several years, including a catchable trout program. The Commission believes that the benefits outweigh the short- term loss of recreation. The Commission will monitor the fish populations and, if all goes as anticipated, recommend appropriate special regulations prior to 2016. The lake was formerly regulated under § 65.11 (relating to panfish enhancement special regulation).
With respect to the catchable trout program, there are numerous alternative stream fishing locations throughout the Lehigh Valley, northwestern Lehigh County and nearby northeastern Berks County. These locations include 14 miles of nearby Ontelaunee and Maiden Creeks.
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 any other manner will not be accepted.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-226. 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 * * * * *
Lehigh Leaser Lake Closed to all fishing until June 18, 2016. * * * * *
[Pa.B. Doc. No. 11-801. Filed for public inspection May 13, 2011, 9:00 a.m.]
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