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PA Bulletin, Doc. No. 13-2259

RULES AND REGULATIONS

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 61 ]

Fishing; Seasons, Sizes and Creel Limits

[43 Pa.B. 7084]
[Saturday, December 7, 2013]

 The Fish and Boat Commission (Commission) amends Chapter 61 (relating to seasons, sizes and creel limits). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). This final-form rulemaking modifies and updates the Commission's fishing regulations.

A. Effective Date

 This final-form rulemaking will go into effect on January 1, 2014.

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 § 61.2 (relating to Delaware River, West Branch Delaware River and River Estuary) is published under the statutory authority of section 2102(b) of the code (relating to rules and regulations).

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 final-form rulemaking is described in more detail under the summary of change.

E. Summary of Change

 In 2007, the Atlantic States Marine Fisheries Commission's Shad and River Herring Technical Committee and American Shad Stock Assessment Subcommittee developed a coastwide stock assessment that indicated that adult American shad stocks in the Delaware River have been declining since 1994. In response, in January 2010, the Commission reduced the daily creel limit of American shad from six to three fish in cooperation and coordination with the other boundary states (New Jersey, New York and Delaware).

 The freshwater and marine bureaus of the New Jersey Division of Fish and Wildlife have jurisdiction over different parts of the river. The Bureau of Freshwater Fisheries has jurisdiction over the waters of the Delaware River upstream of the Commodore Barry Bridge. The Bureau of Marine Fisheries has jurisdiction over waters downstream of this bridge. The Bureau of Freshwater Fisheries adopted the three fish limit in 2010. Although the Bureau of Marine Fisheries also had been working on a three fish creel limit for 2010, marine regulations in New Jersey are approved by both the New Jersey Marine Council and the New Jersey Department of Environmental Protection. This prolongs the process for regulatory changes in the marine waters of New Jersey.

 To be consistent with New Jersey, the Commission adopted the three fish limit for the Delaware River from the New York/Pennsylvania state line downstream to the Commodore Barry Bridge in 2010. The creel limit remained at six fish in the 2.9-mile section of the river between the bridge and the Pennsylvania/Delaware state line. When the three fish limit was approved by the Commission, the Commission acknowledged that the daily limit would remain at six fish in this section until the New Jersey Marine Council effectuated a change to three fish. The Commission indicated that it would then seek public comment on an amendment that would reduce the creel limit of the lower section to three fish.

 In December 2012, the New Jersey Marine Council and the New Jersey Department of Environmental Protection acted to reduce the creel limit of American shad in the marine waters of New Jersey (including the portion of the Delaware River downstream of the Commodore Barry Bridge) from six to three fish. To coordinate the Commonwealth's regulation with New Jersey, the Commission has extended the three fish limit to the entire river, including the 2.9-mile section from the Commodore Barry Bridge downstream to the Pennsylvania/Delaware state line. The Commission has amended § 61.2 to read as set forth in the proposed rulemaking published at 43 Pa.B. 3237 (June 15, 2013).

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 Comments

 The proposed rulemaking was published at 43 Pa.B. 3237. The Commission received one public comment supporting the change. Copies of the public comments were provided to the Commissioners.

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 61, are amended by amending § 61.2 to read as set forth at 43 Pa.B. 3237.

 (b) The Executive Director will submit this order and 43 Pa.B. 3237 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 43 Pa.B. 3237 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect on January 1, 2014.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: Fiscal Note 48A-243 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 13-2259. Filed for public inspection December 6, 2013, 9:00 a.m.]


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