RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 65 ]
Fishing; Special Fishing Regulations
[47 Pa.B. 1465]
[Saturday, March 11, 2017]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 upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on this 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.fishandboat.com.
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
This 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
Glade Run Lake, a 52-acre impoundment owned by the Commonwealth and managed by the Commission, is located in Middlesex Township, Butler County, approximately 10 miles south of the City of Butler and 20 miles northeast of Pittsburgh. The dam impounds Glade Run near its headwaters. This lake was completely dewatered in July 2011 to make dam and spillway repairs and modifications per dam safety standards of the Department of Environmental Protection.
Following completion of the dam and spillway repairs and modifications as well as construction of numerous habitat enhancement devices, the impoundment will be refilled by the opening day of trout season in 2017. The Commission will begin to re-establish a high quality warmwater and coolwater fishery through plants of select forage fish species beginning in spring 2017 (if the lake is refilled to adequate levels) with gamefish and panfish fingerling plants later in 2017. This process will continue for several years.
To allow Glade Run Lake's forage base and warm and coolwater fish communities to develop, the Commission proposed placing Glade Run Lake under a miscellaneous special regulation that allows for the harvest of trout under Commonwealth inland seasons, sizes and creel limits but allows catch and release fishing only for all other fish species. The stocking of adult catchable trout will begin in spring 2017.
The Commission proposed this approach to allow a balanced fishery to develop under protective regulations while offering acceptable levels of recreational angling opportunities. The Commission proposed that the miscellaneous special regulation be established in early 2017 and extend until the warmwater fish populations rebuild appropriate levels. Commission staff will continue to monitor the fish populations as they develop and make the necessary adjustments to the species being stocked and the regulations governing the fishery to continually provide high quality recreational angling opportunities at Glade Run Lake. Once the warmwater fishery has been re-established, the Commission will consider removal of the miscellaneous special regulation on the Glade Run Lake and inclusion of the lake in one of the Commission's existing warmwater regulation programs.
The Commission amends § 65.24 to read as set forth in the proposed rulemaking published at 46 Pa.B. 5736 (September 3, 2016).
F. Paperwork
This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This final-form rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. This 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 46 Pa.B. 5736. The Commission did not receive public comments regarding the proposed amendment.
Findings
The Commission finds that:
(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 no public comments were received.
(3) The adoption of the amendment in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statute.
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. 5736.
(b) The Executive Director will submit this order and 46 Pa.B. 5736 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. 5736 and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
JOHN A. ARWAY,
Executive DirectorFiscal Note: Fiscal Note 48A-272 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 17-409. Filed for public inspection March 10, 2017, 9:00 a.m.]
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