PROPOSED RULEMAKING
[ 58 PA. CODE CH. 65 ]
Special Fishing Regulations; Mentored Youth Fishing Day Program
[43 Pa.B. 7099]
[Saturday, December 7, 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 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 Laurie E. Shepler, 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
Proposed § 65.20 (relating to Mentored Youth Fishing Day Program) is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
Most often, parents or guardians are the source of both instruction and serve as mentors to young anglers and hunters. The role of a mentor is that of long-term development and socialization. An instructor can teach someone to fish, while a mentor helps them become an angler (Duda M.D., 2010). That is, while proper instruction is important, it alone does not guarantee adoption. This is especially true if a mentor or other social support is absent.
Benefits of mentored experiences also extend to the parents or mentors. A 2007 survey of trout anglers in this Commonwealth showed that 98% of those surveyed would go trout fishing more if asked by a child (Responsive Management, 2008). Of that number, 84% indicated that being asked by a child to take them fishing was a strong encouragement to go trout fishing more in this Commonwealth.
Mentored opportunities differ from educational programs significantly in that mentored experiences extend beyond the instructional period. Mentors plan and discuss the trip with the apprentice before, during and after. An instructor only has contact with the young angler during the presentation. It is this premise on which youth hunts and mentored hunting programs are based (DJ Case & Associates, 2007) (Responsive Management, 2011) (Responsive Management and Southwick Associates, 2012). This premise is the supporting rationale behind the Commission's Mentored Youth Fishing Day Program.
On March 23, 2013, the Commission piloted a Mentored Youth Trout Fishing Day on 12 waters in the regional opening day zone, covering 18 southcentral and southeast counties. This day was accomplished by the Commission's Executive Director acting under the authority of § 65.25 (relating to temporary changes to fishing regulations). The temporary change was published at 43 Pa.B. 114 (January 5, 2013).
To participate, anglers 16 years of age or older (adult anglers) were required to possess a valid Pennsylvania fishing license and current trout/salmon permit and be accompanied by a youth (less than 16 years of age) who registered with the Commission. Youth anglers must have been registered with the Commission and accompanied by an adult angler to participate. During the Mentored Youth Trout Fishing Day, the minimum size limit for trout was 7 inches and the creel limit was two trout per day (combined species). Other Commonwealth inland regulations applied. It was unlawful for adult anglers to fish in waters designated under the Mentored Youth Trout Fishing Day Program without a valid fishing license and trout permit and without being accompanied by a registered youth.
A total of 5,110 youth registered to participate in the Mentored Youth Trout Fishing Day pilot, accompanied by 3,846 adult mentors. A survey of mentors conducted by the Commission showed that 90% of the registered youth participated, resulting in an estimated 7,300 youth and their mentors taking part. These anglers fished an estimated 22,000 hours and released nearly 15,000 trout while harvesting slightly more than 6,000. Public, partner and staff feedback received before, during and immediately after the pilot day was predominantly positive. The results of the 2013 pilot program support expansion of the program to create additional opportunities for parents and mentors to take the children in their lives fishing as a way to reactivate anglers of all ages.
E. Summary of Proposal
Under this proposed rulemaking, the Executive Director may annually designate Mentored Youth Fishing Days and, when doing so, he will identify the species, waters, dates, creel and minimum size limits and other limitations that will apply. The specific details of these mentored youth fishing opportunities will be published in the Pennsylvania Bulletin. Staff will also post the Mentored Youth Fishing Day Program guidelines to the Commission's web site and promote it through various media outlets.
To participate, an angler 16 years of age or older must be accompanied by a youth (less than 16 years of age) who is registered with the Commission. Youth anglers must be registered with the Commission and be accompanied by an angler 16 years of age or older. Youth anglers will be able to register at no cost through the Commission's existing Pennsylvania Automated Licensing Service.
The Commission proposes to add § 65.20 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 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-252. 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 § 65.20. Mentored Youth Fishing Day Program.
(a) The Executive Director may annually designate Mentored Youth Fishing Days. As part of the designation, the Executive Director will identify the species, waters, dates, creel and minimum size limits and other applicable limitations. The designation will be effective upon publication of a notice in the Pennsylvania Bulletin.
(b) It is unlawful to fish in waters designated as part of the Mentored Youth Fishing Day Program except in compliance with the following requirements:
(1) Anglers shall adhere to the limitations as established by the Executive Director by notice in the Pennsylvania Bulletin.
(2) An angler 16 years of age or older shall be accompanied by a youth (less than 16 years of age) who is registered with the Commission.
(3) A youth angler shall be registered with the Commission and be accompanied by an angler 16 years of age or older.
(c) Notwithstanding the requirements of this section, an angler in a boat may possess fish caught in compliance with the seasons, sizes and creel limits in effect for the water from which taken, provided that the boat angler floats through the water designated as part of the Mentored Youth Fishing Day Program without stopping or engaging in the act of fishing or the boat angler takes out his boat at an access point within the water designated as part of the Mentored Youth Fishing Day Program.
[Pa.B. Doc. No. 13-2265. Filed for public inspection December 6, 2013, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
