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PA Bulletin, Doc. No. 16-1486

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 65 ]

Fishing; Special Fishing Regulations

[46 Pa.B. 5539]
[Saturday, August 27, 2016]

 The Fish and Boat Commission (Commission) amends Chapter 65 (relating to 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, 2017.

B. Contact Person

 For further information on the final-form rulemaking, contact Laurie E. Shepler, 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 § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes).

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 amendment is described in more detail under the summary of change.

E. Summary of Change

 Foster Joseph Sayers Lake is located in Centre County and has been managed under § 65.11 (relating to panfish enhancement) for black and white crappie (9-inch minimum size limit and 20 fish/day creel limit). While there has been an increase in the trap net catch of legal-size crappie post panfish enhancement regulations, the proportion of legal-size fish is still relatively low at approximately 8%. The majority of adult fish are in the 7-inch and 8-inch length groups, just under the legal size limit. Age and growth analyses for crappie indicate an overall reduction in growth rates, especially for these size groups. Angler use, harvest and opinion surveys conducted at the lake indicate high angler effort directed towards crappie with high catch rates but reduced harvest under panfish enhancement regulations. In addition, angler satisfaction has slowly declined with both the number and size of crappie caught.

 The current status of the crappie fishery is not satisfactory to many anglers and may be improved through an alternate regulation. Sayers Lake is one of the most productive reservoirs in this Commonwealth and has the ability to produce a higher quality crappie fishery than currently exists.

 The Commission reduced the daily creel limit from 20 fish/day to 10 fish/day and changed the number of fish both over and under 9 inches that can be harvested to better manage the population from overexploitation while also being acceptable to anglers. The amendment will allow anglers to harvest 10 crappies/day, of which no more than 5 crappies may be greater than or equal to 9 inches in length. For example, anglers will be able to harvest 10 crappies less than 9 inches, or 9 crappies less than 9 inches and 1 crappie greater than or equal to 9 inches, or 8 crappies less than 9 inches and 2 crappies greater than or equal to 9 inches, and so on. Under this amendment, anglers will have a reasonable expectation of harvesting 10 crappies/day should they choose to do so, while still providing some additional protection to the larger fish in the population. This was not the case under the prior regulation. The creel limit reduction from 20 fish to 10 fish is designed to prevent an overharvest given the number of anglers that are expected to harvest fish under a less restrictive length limit.

 The Commission amends § 65.24 to read as set forth in the proposed rulemaking published at 46 Pa.B. 2557 (May 21, 2016).

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 impacts 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

 In anticipation of a proposed change, Commission staff interviewed 111 ice anglers on January 30, 2016, to obtain their feedback. A significant majority (74%) were in favor of a new regulation. A public information session was also held on February 23, 2016, at Bald Eagle State Park to gain additional angler input. Attendees were split between regulation options and preferred those that allowed more crappies to be harvested.

 Notice of proposed rulemaking was published at 46 Pa.B. 2557. The Commission received one neutral comment during the formal public comment period. Copies of the public comment was provided to the Commissioners.

Findings

 (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 the public comment that was received was 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 statute, orders that:

 (a) The regulations of the Commission, 58 Pa. Code Chapter 65, are amended by amending § 65.24 to read as set forth at 46 Pa.B. 2557.

 (b) The Executive Director will submit this order and 46 Pa.B. 2557 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 46 Pa.B. 2557 and deposit them with the Legislative Reference Bureau as required by law.

 (d) This order shall take effect on January 1, 2017.

JOHN A. ARWAY, 
Executive Director

 Fiscal Note: Fiscal Note 48-271 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 16-1486. Filed for public inspection August 26, 2016, 9:00 a.m.]


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