PROPOSED RULEMAKINGS

[ 58 PA. CODE CH. 65 ]

Fishing; Special Fishing Regulations

[43 Pa.B. 2035]
[Saturday, April 13, 2013]

 The Fish and Boat Commission (Commission) proposes to amend 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).

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 2307(a) of the code (relating to waters limited to specific purposes).

D. Purpose and Background

 The proposed rulemaking is designed to 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

 At its October 2012 meeting, the Commission removed 45 waters from the Early Season Trout Stocked Waters program under § 65.10 (relating to Early Season Trout Stocked Waters Program) and re-designated them as approved trout waters open to year-round fishing under § 65.19 (relating to approved trout waters open to year-round fishing). Included in this action were the Shenango River (from the Shenango River Dam downstream 1.5 miles to SR 3025) and the Youghiogheny River (from the Youghiogheny Reservoir downstream to the confluence with the Casselman River). These two river sections are also currently regulated under miscellaneous special regulations under § 65.24. The language of these miscellaneous special regulations is consistent with § 65.10. Therefore, to be consistent with the Commission's prior action, the miscellaneous special regulations on these waters should be removed.

 The Executive Director exercised his authority under § 65.25 (relating to temporary changes to fishing regulations) to remove these miscellaneous special regulations. See 42 Pa.B. 7788 (December 22, 2012). These temporary modifications became effective on January 1, 2013, and will remain in effect until the Commission, by appropriate action, amends § 65.24.

 The Commission therefore proposes that § 65.24 be amended 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 in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.

 Comments also may be submitted electronically by completing 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 Director

 Fiscal Note: 48A-241. 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
*  *  *  *  *
[Mercer	Shenango River from the dam downstream to SR 3025, a distance of 1.5 miles.	Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit—First Saturday after April 11 until Labor Day: 5 trout per day; day after Labor Day to midnight, March 31 of the following year—3 trout per day. Inland regulations apply to warmwater/coolwater species.]
*  *  *  *  *
[Somerset, Fayette, Westmoreland and Allegheny	Youghiogheny River from Reservoir downstream to confluence with Casselman River.	Closed season on trout: April 1 until 8 a.m., first Saturday after April 11. Daily limit—First Saturday after April 11 until Labor Day—5 trout per day; day after Labor day to midnight, March 31 of following year: 3 trout per day. Inland regulations apply to warmwater/coolwater species.]
*  *  *  *  *

[Pa.B. Doc. No. 13-657. Filed for public inspection April 12, 2013, 9:00 a.m.]

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