RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 65 ]
Fishing; Special Fishing Regulations
[41 Pa.B. 5367]
[Saturday, October 8, 2011]The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the final-form rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The 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 final-form rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the amendment is described in more detail under the summary of change.
E. Summary of Change
Leaser Lake is a 117-acre Commission-owned impoundment 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 proposed a 5-year moratorium on fishing at Leaser Lake to enable the development of a high quality warm and coolwater fishery through the stocking of fingerling of select fish species. Specifically, the Commission proposed that Leaser Lake be closed to all fishing until June 18, 2016.
On final-form rulemaking, the Commission determined that it should not institute a complete moratorium on fishing but instead delay the stocking of adult trout until 2014. This approach is necessary to facilitate development of a self sustaining shiner population required to maintain the desired high quality warm/coolwater fishery. The Commission will allow for the harvest of trout under the Commonwealth's inland seasons, sizes and creel limits and has imposed catch and release fishing for other fish species. The Commission believes that this approach will allow the fishery to develop under protective regulations while offering acceptable levels of recreational angling opportunities. The special regulation will remain in effect until the opening day of bass season on June 18, 2016. The Commission amended § 65.24 to read as set forth in Annex A.
The positive aspect of this amendment is that it will provide anglers the opportunity to fish for adult trout beginning 2 years following refilling and immediate angling opportunities for warm and cool water fish populations as they grow and reach acceptable lengths for angling. The 2-year loss of recreational angling opportunities for adult stocked trout is a negative aspect of this restoration plan. However, the Commission believes that the benefits outweigh the short-term loss of recreation.
Commission staff will monitor the fish populations and recommend appropriate special regulations prior to 2016 if the fish populations develop quicker than anticipated. Leaser Lake was formerly in the Panfish Enhancement Program regulated under § 65.11 (relating to panfish enhancement special regulation).
With respect to the catchable trout program, there are numerous alternative stream fishing opportunities 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 final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The final-form rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The final-form rulemaking will not impose new costs on the private sector or the general public.
H. Public Involvement
Notice of proposed rulemaking was published at 41 Pa.B. 2447 (May 14, 2011). The Commission did not receive public comments regarding the proposed rulemaking.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendment adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided and all public comments received were considered.
(3) The adoption of the amendment of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.
Order
The Commission, acting under the authorizing statutes, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapter 65, are amended by amending § 65.24 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality and form as required by law.
(c) The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-226 remains valid for the final adoption of the subject regulation.
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 All species except trout—Catch and release/no harvest; it is unlawful to take, kill or possess any fish except trout. All fish caught other than trout shall be immediately returned unharmed. Trout—Inland regulations apply. See § 61.1 (relating to Commonwealth inland waters). This miscellaneous special regulation will remain in effect until June 18, 2016. * * * * *
[Pa.B. Doc. No. 11-1727. Filed for public inspection October 7, 2011, 9:00 a.m.]
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