PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[ 58 PA. CODE CH. 65 ]

Fishing; Special Fishing Regulations

[47 Pa.B. 5786]
[Saturday, September 16, 2017]

 The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code).

A. Effective Date

 This 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 Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's website at www.fishandboat.com.

C. Statutory Authority

 The proposed amendment to § 65.14 (relating to catch and release fly-fishing only) is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D. Purpose and Background

 This proposed rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.

E. Summary of Proposal

 In an ongoing attempt to simplify regulations, the Commission is continually looking at ways to improve upon current regulations. One area that has come into question recently is the 18-foot maximum length of leader material or monofilament line allowed in catch and release fly-fishing only areas.

 In examining this question, it was brought to the Commission's attention that this limitation also excludes several acceptable fly-fishing practices such as European Nymphing. Law enforcement staff indicate that rarely is the length of leader material measured as it does not create significant problems streamside.

 Based on these findings, the Commission proposes to amend § 65.14 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 impacts on the Commonwealth or its political subdivisions. This proposed rulemaking will not impose new costs on the private sector or 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 completing 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 Director

 Fiscal Note: 48A-277. 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

§ 65.14. Catch and release fly-fishing only.

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 (b) It is unlawful to fish in waters designated and posted as catch and release fly-fishing only except in compliance with the following requirements:

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 (2) Fishing shall be done with tackle which is limited to fly rods, fly reels and fly line with [a maximum of 18 feet in] leader material or monofilament line attached. Spinning, spincast and casting rods and reels are prohibited.

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[Pa.B. Doc. No. 17-1519. Filed for public inspection September 15, 2017, 9:00 a.m.]

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