PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[ 58 PA. CODE CHS. 61 AND 69 ]

Fishing; American Eel

[43 Pa.B. 7095]
[Saturday, December 7, 2013]

 The Fish and Boat Commission (Commission) proposes to amend Chapters 61 and 69 (relating to seasons, sizes and creel limits; and fishing in Lake Erie and boundary lakes). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).

A. Effective Date

 The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon final-form 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 §§ 61.1, 61.2, 61.4 and 69.12 are published under the statutory authority of section 2102(b) of the code (relating to rules and regulations).

D. Purpose and Background

 The specific purpose and background of the proposed rulemaking is described in more detail under the summary of proposal.

E. Summary of Proposal

 In May 2012, the Atlantic States Marine Fisheries Commission (ASMFC) approved a coastwide stock assessment of American eel that concluded that the American eel population is depleted in United States waters. The stock is at or near historically low levels due to a combination of historical overfishing, habitat loss, food web alterations, predation, turbine mortality, environmental changes, toxins and contaminants, and disease. An independent panel of scientists that reviewed the stock assessment urged the ASMFC Board to examine alternative reference points to provide more protection to the spawning stock biomass.

 In response to these findings, the ASMFC Board tasked the ASMFC American Eel Technical Committee with developing potential management actions which would reduce mortality on all life stages of American eel. A range of options was developed by the ASMFC American Eel Technical Committee and subsequent action was taken by the ASMFC Board to release certain management options for public comment. These comments were considered by the ASMFC Board when, on August 8, 2013, it approved Amendment III to the ASMFC American Eel Fisheries Management Plan. Among the requirements of this amendment is a reduction in recreational harvest of eels by way of a coastwide establishment of a creel limit of 25 fish and a size limit of 9 inches. Currently, the Commonwealth has a 50 fish creel limit for American eel coupled with an 8-inch size limit for recreational harvested eels and a 6- to 8-inch slot limit for eels harvested for bait.

 The ASMFC-directed regulatory change is to be implemented by January 1, 2014. Although final adoption of the amendment by the Commission by January 1, 2014, will not be possible, the Commission's Executive Director will exercise his authority under § 65.25 (relating to temporary changes to fishing regulations) to make a temporary modification.

 To address the coastwide regulation directed by ASMFC, the Commission proposes to amend §§ 61.1, 61.2, 61.4 and 69.12 to read 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 of this proposed rulemaking 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

 (Editor's Note: See 43 Pa.B. 7194 (December 7, 2013) for a notice relating to this proposed rulemaking.)

 Fiscal Note: 48A-254. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS

§ 61.1. Commonwealth inland waters.

*  *  *  *  *

 (d) Except as otherwise provided in this subpart, the following seasons, sizes and creel limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*  *  *  *  *
AMERICAN EEL	Open year-round	[8] 9 inches	[50] 25
*  *  *  *  *
[AMERICAN EEL (as baitfish)	Open year-round	6 inches to 8 inches	50]
BAIT FISH FISH BAIT except American eel, mud bugs and mussels/clams	Open year-round	No minimum	50 (combined species)
*  *  *  *  *

§ 61.2. Delaware River, West Branch Delaware River and River Estuary.

*  *  *  *  *

 (d) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries, from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*  *  *  *  *
AMERICAN EEL	Open year-round	[8] 9 inches	[50] 25
[AMERICAN EEL (as baitfish)	Open year-round	6 inches to 8 inches	50]
*  *  *  *  *
BAIT FISH FISH BAIT, except American eel and mussels/clams	Open year-round	No minimum	50 (combined species)
*  *  *  *  *

§ 61.4. Conowingo Reservoir.

*  *  *  *  *

 (d) The following seasons, sizes and creel limits apply to the Conowingo Reservoir, which includes the Susquehanna River from the Maryland State Line upstream to Holtwood Dam:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*  *  *  *  *
[EELS] AMERICAN EEL	Open year-round	[6] 9 inches	25
*  *  *  *  *
BAIT FISH FISH BAIT, except American eel	Open year-round	No minimum	35
*  *  *  *  *

CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES

Subchapter B. SPORT FISHING AND ANGLING

§ 69.12. Seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters.

*  *  *  *  *

 (f) Subject to the provisions of subsections (d) and (e), the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*  *  *  *  *
AMERICAN EEL	Open year-round	9 inches	25
BAIT FISH FISH BAIT, except American eel and mussels/clams	Open year-round	None	50 (combined species)
*  *  *  *  *

[Pa.B. Doc. No. 13-2263. Filed for public inspection December 6, 2013, 9:00 a.m.]

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