RULES AND REGULATIONS
Title 58—RECREATION
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 69 ]
Sport Fishing and Angling
[51 Pa.B. 7704]
[Saturday, December 11, 2021]The Fish and Boat Commission (Commission) amends Chapter 69 (relating to fishing in Lake Erie and boundary lakes). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code). The amendment will simplify regulations pertaining to the Lake Erie basin while improving salmonid management and improving the fishery for that species group.
A. Effective Date
This final-form rulemaking will go into effect on January 1, 2022.
B. Contact Person
For further information on this 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.fishandboat.com.
C. Statutory Authority
The amendment to § 69.12 (relating to seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters) is published under the statutory authority of 30 Pa.C.S. § 2102(b) (relating to rules and regulations) and section 506 of The Administrative Code of 1929 (71 P.S. § 186).
D. Purpose and Background
The specific purpose and background of the amendment is described in more detail under the summary of changes.
E. Summary of Changes
The Commission has identified an opportunity to simplify regulations pertaining to the Lake Erie basin while improving upon salmonid management and optimizing the fishery for that species group. A modification to regulations applied to trout and salmon to align with a proposed amendment to § 61.1 (relating to Commonwealth inland waters) regulations pertaining to the start of the trout season would allow anglers to more easily identify when fishing and harvest are permitted. Current regulations prohibit fishing and possession of trout and salmon from 12:01 a.m. on the Friday before the first Saturday after April 11 until 8 a.m. on the first Saturday after April 11. If the proposed amendments to the Com monwealth inland waters regulations were to be adopted, it would result in one Statewide opening day of regular season for trout on the first Saturday in April. To better align these regulations to those of the Lake Erie basin § 69.12 could be amended to prohibit fishing and possession of trout and salmon from 12:01 a.m. on the Friday before the first Saturday in April until 8 a.m. on the opening day of regular season for trout (that is, the first Saturday in April).
In addition to regulation simplification and alignment, a modification to the daily creel and minimum size limits for rainbow trout (steelhead) and a modification to the minimum size limits for lake trout would potentially enhance angling opportunities for those species. Current daily creel limits allow for the harvest of five fish (only two of which may be lake trout) greater than or equal to 9 inches in total length from 8 a.m. on the first Saturday after April 11 through Labor Day. Lake Erie and its tributaries generate hundreds of thousands of angler trips for steelhead resulting in millions of dollars of economic benefit to local economies around Lake Erie. As such, a lower daily creel and increased minimum size limits for rainbow trout and increased minimum size limits for lake trout, would reduce the potential for overharvest and prohibit harvest of intermediate-sized rainbow trout and lake trout while further promoting the trophy component of the fishery.
In summary, Commission staff recommend amendments to the Lake Erie basin angling regulations pertaining to salmonids for regulatory consistency and simplicity by aligning the trout and salmon seasons with the proposed amendment to the Commonwealth inland waters regulations, and modifying the daily creel and minimum size limits for rainbow trout and the minimum size limits for lake trout to optimize those fisheries. It should be noted that amending the daily creel limit of rainbow trout from five to three and minimum size limit from 9 inches to 15 inches from 8 a.m. on the opening day of the regular season for trout and salmon through Labor Day will not impact the creel or size limit for brown trout, a popular put-and-take fishery during the months of April and May. Additionally, an increase in the minimum size of lake trout from 9 inches to 15 inches provides further protection to the population which is consistent with ongoing multijurisdictional rehabilitation efforts in Lake Erie.
During the public comment period, the Commission discovered the need for the following modifications to be reflected in this final-form rulemaking to effect the original intent of the proposed change: (1) For RAINBOW TROUT and SALMON—''(combined species)'' is added to the daily limit column within the table in § 69.12; (2) The first asterisks in the table for § 69.12 is updated to remove the language ''[first Saturday after April 11 until the first Saturday after June 11]'' and is replaced with ''second Saturday in April until the second Saturday in June.''; and (4) An additional asterisk has been added to the table in § 69.12 to provide clarity—''***The daily limit for all species of trout and salmon (combined) is 5 from 8 a.m. the opening day of the regular season for trout until midnight Labor Day. The daily limit for all species of trout and salmon (combined) is 3 per day from 12:01 a.m. the day after Labor Day until 12:01 a.m. on the Friday before the opening day of the regular season for trout.''
Finally, following consideration of public comments, the Commission has decided to keep the daily creel limit for lake trout at two per day. The table has been updated to reflect this two per day creel limit.
The Commission therefore amends § 69.12 to read as set forth in Annex A.
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 have no adverse fiscal impact on the Commonwealth or its political subdivisions.
H. Public Comments
A notice of proposed rulemaking was published at 51 Pa.B. 5685 (September 4, 2021). The Commission received a total of 36 public comments regarding the proposal: 3 support the entire proposal, 1 supports the portion of the proposal pertaining to rainbow trout, 1 supports the portion of the proposal pertaining to lake trout, 5 oppose the entire proposal, 1 opposes the portion of the proposal pertaining to rainbow trout, 12 oppose the portion of the proposal pertaining to lake trout and 13 do not pertain to the proposal.
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), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) A public comment period was provided, and a total of 36 comments were received: 3 supported the entire proposal, 1 supported the portion of the proposal pertaining to rainbow trout, 1 supported the portion of the proposal pertaining to lake trout, 5 opposed the entire proposal, 1 opposed the portion of the proposal pertaining to rainbow trout, 12 opposed the portion of the proposal pertaining to lake trout and 13 comments did not pertain to the proposal.
(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 Chapter 69, are amended by amending § 69.12 to read as set forth at Annex A, with ellipses referring to the existing text of the regulations.
(Editor's Note: See 51 Pa.B. 7697 (December 11, 2021) for additional amendments to § 69.12.)
(B) The Executive Director will submit this order 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 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(D) This order shall take effect on January 1, 2022.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: Fiscal Note 48A-319 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES
Subchapter B. SPORT FISHING AND ANGLING § 69.12. Seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters.
* * * * * (d) It is unlawful to fish in or along any Lake Erie tributary stream from 12:01 a.m. on the Friday before the opening day of the regular season for trout until 8 a.m. on the opening day of the regular season for trout.
(e) It is unlawful to possess trout or salmon in or along any Lake Erie tributary stream from 12:01 a.m. on the Friday before the opening day of the regular season for trout until 8 a.m. on the opening day of the regular season for trout.
(f) Except as otherwise provided in subsections (d) and (e) and this subpart, 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 * * * * * BASS Largemouth Smallmouth January 1 to first Saturday after April 11 and first Saturday after June 11 until December 31. 15 inches 4 (combined species) First Saturday after April 11 until first Saturday after June 11.* 20 inches 1 BROOK and BROWN TROUT*** 8 a.m. the opening day of the regular season for trout until midnight Labor Day. 9 inches 5 (combined species) 12:01 a.m. the day after Labor Day until 12:01 a.m. on the Friday before the opening day of the regular season for trout. 15 inches 3 (combined species) RAINBOW TROUT and SALMON*** 8 a.m. the opening day of the regular season for trout until 12:01 a.m. the Friday before the opening day of the regular season for trout the following year. 15 inches 3 (combined species) LAKE TROUT*** 8 a.m. the opening day of the regular season for trout until 12:01 a.m. the Friday before the opening day of the regular season for trout the following year. 15 inches 2 STURGEON No open season ENDANGERED SPECIES * * * * * * It is unlawful to conduct or participate in a fishing tournament (as defined in § 63.40 (relating to fishing tournaments and fishing derbies)) for bass on Lake Erie, Lake Erie tributaries or Presque Isle Bay during the period from the second Saturday in April until the second Saturday in June.
** See § 69.12b (relating to Lake Erie walleye and yellow perch adaptive management for establishing daily limits). After the Executive Director establishes the daily limit for the year, the information will be posted on the Commission's web site and available from any Commission office.
*** The daily limit for all species of trout and salmon (combined) is 5 from 8 a.m. the opening day of the regular season for trout until midnight Labor Day. The daily limit for all species of trout and salmon (combined) is 3 per day from 12:01 a.m. the day after Labor Day until 12:01 a.m. on the Friday before the opening day of the regular season for trout.
[Pa.B. Doc. No. 21-2064. Filed for public inspection December 10, 2021, 9:00 a.m.]
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