NOTICES

Temporary Changes to Fishing Regulations; American Eels

[43 Pa.B. 7194]
[Saturday, December 7, 2013]

 The Executive Director of the Fish and Boat Commission (Commission), acting under the authority of 58 Pa. Code § 65.25 (relating to temporary changes to fishing regulations), has taken immediate action to amend 58 Pa. Code §§ 61.1, 61.2, 61.4 and 69.12 to increase the size limit and decrease the creel limit for American eel. This action is being taken to meet the requirements of the Atlantic States Marine Fisheries Commission (ASMFC).

 In May 2012, the 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.

 To address the coastwide regulation directed by ASMFC, the Commission's Executive Director has taken immediate action to make the following modifications to fishing regulations:

§ 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
* * * * *

§ 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)
* * * * *

 The Executive Director has found that this action is necessary and appropriate for the management of fish and to conserve and preserve fishing opportunities. The temporary modifications will go into effect on January 1, 2014, and will remain in effect until the Commission, by appropriate action, amends 58 Pa. Code §§ 61.1, 61.2, 61.4 and 69.12. At its meeting on October 1, 2013, the Commission approved the publication of a notice of proposed rulemaking containing the proposed amendments to 58 Pa. Code §§ 61.1, 61.2, 61.4 and 69.12 and soliciting public comments for a period of 30 days. The Commission expects to consider final adoption of the proposed amendments at its April 2014 meeting.

 (Editor's Note: See 43 Pa.B. 7095 (December 7, 2013) for a proposed rulemaking relating to this notice.)

JOHN A. ARWAY, 
Executive Director

[Pa.B. Doc. No. 13-2287. Filed for public inspection December 6, 2013, 9:00 a.m.]

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