RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CHS. 61 AND 65 ]
Fishing; Seasons, Sizes and Creel Limits; Special Fishing Regulations
[44 Pa.B. 5969]
[Saturday, September 20, 2014]The Fish and Boat Commission (Commission) amends Chapters 61 and 65 (relating to seasons, sizes and creel limits; and special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).
A. Effective Date
The final-form rulemaking will go into effect on January 1, 2015.
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 amendments to §§ 61.1 and 65.26 (relating to Commonwealth inland waters; and extended trout season) are published under the statutory authority of section 2102(b) of the code (relating to rules and regulations). The amendments to § 65.12 (relating to Regional Opening Day of Trout Season Program) are published under the statutory authority of section 2102(a) of the code.
D. Purpose and Background
The specific purpose and background of the amendments are described in more detail under the summary of changes.
E. Summary of Changes
The Commission determined that Class A wild trout streams should be treated the same as other wild trout streams with respect to harvest during the extended season. Specifically, wild trout streams are closed to harvest beginning 12:01 a.m. the day after Labor Day to midnight the last day of February of the following year. Under §§ 61.1 and 65.12, approved trout waters and all waters downstream of approved trout waters are open to harvest with a three fish limit. There are currently at least 22 streams comprising 29 stream sections designated as Class A and that occur downstream of an approved trout water section. These amendments will result in all Class A streams being regulated the same relative to harvest and consistent with other wild trout streams that are not approved trout waters. This additional level of protection is consistent with treating the best wild trout waters in this Commonwealth with a greater level of protection than streams whose trout fisheries are partially or totally provided by stocking, where put-and-take is the preferred management approach.
On final-form rulemaking, the Commission also determined that § 65.26 must be revised to maintain consistency among regulations. The Commission therefore amends §§ 61.1 and 65.12 to read as set forth in the proposed rulemaking published at 43 Pa.B. 7097 (December 7, 2013) and § 65.26 to read as set forth in Annex A.
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 Involvement
Notice of proposed rulemaking was published at 43 Pa.B. 7097. The Commission did not receive public comments regarding the proposed rulemaking.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments 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 no public comments were received.
(3) The adoption of the amendments 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 Chapters 61 and 65, are amended by amending §§ 61.1 and 65.12 to read as set forth at 43 Pa.B. 7097 and § 65.26 to read as set forth in Annex A.
(Editor's Note: Section 65.26 was not included in the proposed rulemaking published at 43 Pa.B. 7097.)
(b) The Executive Director will submit this order, 43 Pa.B. 7097 and Annex A 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, 43 Pa.B. 7097 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on January 1, 2015.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-253 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.26. Extended trout season.
(a) General rule. The extended trout season is in effect from the day after Labor Day until the last day of February of the following year on approved trout waters and all waters downstream of approved trout waters. A creel limit of three trout per day and a minimum size limit of 7 inches apply during this season, except Class A wild trout streams where the creel limit is 0 and areas with special regulations.
(b) Waters not approved trout waters. The Executive Director may grant a permit to apply extended trout regulations to waters that are not approved trout waters upon written application of the owner or lessee of the lands on which the waters are located. Applications will be reviewed to ensure that applying extended trout season regulations to the waters in question is consistent with the best appropriate fisheries management of the waters in question, and to ensure that approval of the application will have no adverse effect on the preservation and expansion of public fishing opportunities within this Commonwealth. Approval or disapproval of applications shall be subject to review under Chapter 51, Subchapter E (relating to permit procedures). Permits for extended trout season on waters other than approved trout waters will be valid until the last day of February of the 6th year after the year in which they are issued. For example, a permit issued in June 1984 will expire on February 28, 1990.
[Pa.B. Doc. No. 14-1957. Filed for public inspection September 19, 2014, 9:00 a.m.]
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