PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 65]
Fishing; Special Fishing Regulations
[53 Pa.B. 5497]
[Saturday, September 2, 2023]The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendment would implement miscellaneous special regulations in § 65.24 (relating to miscellaneous special regulations) on the 12 stream sections that would manage brown trout with catch and release regulations and maintain Commonwealth inland water regulations for all other species with all tackle types permitted, while continuing to stock these stream sections with rainbow trout at current rates and frequency.
A. Effective Date
This proposed rulemaking, if approved on final-form rulemaking, will go into effect January 1, 2024.
B. Contact Person
For further information on this proposed rulemaking, contact Renae Kluk Kiehl, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fishandboat.com.
C. Statutory Authority
The proposed amendment to § 65.24 is published under the statutory authority of section 2307(a) of the code (relating to waters limited to specific purposes).
D. Purpose and Background
The specific purpose and background of the proposed amendments are described in more detail under the summary of proposal.
E. Summary of Proposal
In the mid-2000's, productive stream sections were identified that supported high densities of wild brown trout and were being stocked by the Commission. Angler counts documented very high angler use of these stream sections in the early part of trout season, particularly on the opening day of the regular season for trout. As part of the Commission's Strategic Plan for Management of Trout Fisheries in Pennsylvania 2010—2014, Commission staff identified the need to resurvey the stream sections to determine if they supported Class A wild trout populations and designate appropriately. Inaccurate designation leads to inadequate water quality protection and inconsistent application of fisheries management strategies.
Between 2011 and 2015, biologists resurveyed 13 stream sections, and all were determined to support robust wild brown trout populations that qualified for Class A wild trout streams designation. In 2014, the Commission updated its Class A wild trout streams policy in § 57.8a (relating to Class A wild trout streams) to allow for rare circumstances in which Commission stocking could be considered and the new policy became effective January 1, 2015. Following that policy change, the ten stream sections were designated by the Commission as Class A wild trout streams in 2015 and stocking of trout continued. Three additional stocked trout water (STW) stream sections were designated Class A wild trout streams by the Commission through January 2017, bringing the total number of Class A wild trout streams stocked by the Commission to 13.
Twelve of the 13 stream sections are managed under Commonwealth inland waters regulations in § 61.1 (relating to Commonwealth inland waters) which allow for the harvest of five trout per day, greater than or equal to 7 inches in length (combined species) from 8 a.m. on the opening day of the regular season for trout through Labor Day, catch and release from the day after Labor Day through the third Sunday in February (extended trout season) the following year, and closed to all fishing from the third Monday in February until 8 a.m. on the opening day of the regular season for trout. Yellow Creek, Section 05, is the remaining stream section and is managed with catch and release fly-fishing only regulations in § 65.14 (relating to catch and release fly-fishing only). All 13 of the stream sections are stocked with adult rainbow trout only by the Commission during both preseason and in-season stocking periods, and 4 of the stream sections are also stocked in-season with fingerling rainbow trout only.
As part of the Commission's Strategic Plan for the Management of Trout Fisheries in Pennsylvania 2020—2024, Commission staff identified the need to collect updated biological and social data on these fisheries to inform future management of these stream sections. Deliverable tasks included: 1) by 2022, resurvey the wild brown trout populations and conduct angler use, harvest and opinion surveys to inform fisheries management of the 13 Class A stream sections stocked with trout; and 2) between 2022 and 2024, consider options and make recommendations to the Board of Commissioners to adjust current management if the data support alternate management to optimize these fisheries.
Commission staff resurveyed the wild brown trout populations in all 13 of the stream sections during summer 2021. Wild brown trout biomass ranged from 10 kg/ha at Little Lehigh Creek, Section 07, to 175 kg/ha at Yellow Creek, Section 05. Except for the four stream sections in the Lehigh Valley, all others supported a similar biomass in 2021 compared to the Class A qualifying surveys that were conducted between 2011 to 2015.
In addition to the brown trout population assessments, angler surveys (that is, counts and interviews with effort focused on opening day) were conducted at 11 of the 13 stream sections during 2021. A more in-depth assessment from the opening day of the regular season for trout (April 17, 2021) through Labor Day (September 6, 2021) was conducted on Bald Eagle Creek, Section 06, to evaluate angler use, catch, harvest and opinions. Yellow Creek, Section 05, was not included in the angler survey given that it is managed as a catch and release fishery open to year-round angling.
The angler assessments provided valuable insight regarding opinions needed to inform future management of these waters. The only management option in which most (57%) anglers were opposed was a stocking cessation. This result was not unexpected given that most anglers caught stocked rainbow trout, particularly on opening day, and this perceived sentiment was a driving factor in the continuance of stocking following Class A designation in 2015 through 2017.
On opening day of the 2021 trout season, 1,442 anglers were counted on the 12 stream sections during the 8 a.m. angler use assessments. Angler use ranged from 10 anglers per mile (25th percentile) to 91 anglers per mile (95th percentile) with 8 waters at or above the 75th percentile, 3 in the 50th percentile, and 1 in the 25th percentile compared to Statewide opening day angler use data at STWs. Additionally, 866 anglers were interviewed over the course of the surveys. About one quarter (25%) of anglers indicated they harvest trout at least half the time. Approximately 49% of anglers indicated they harvest both wild brown trout and stocked rainbow trout, 4% of anglers usually only harvest wild brown trout and 47% of anglers usually only harvest stocked rainbow trout.
Anglers caught and harvested more stocked rainbow trout than wild brown trout. The catch and harvest of rainbow trout on Bald Eagle Creek, Section 06, was high over the course of the survey with nearly three times more the amount of adult rainbow trout caught than were stocked and an estimated 57% of the rainbow trout stocked into this stream section harvested by anglers. The catch and harvest of wild brown trout on Bald Eagle Creek, Section 06, was also high during the survey. Anglers caught just over 1.5 times more wild brown trout greater than or equal to 7 inches than were estimated to be present. Additionally, anglers harvested an estimated 23% of the wild brown trout population greater than or equal to 7 inches, of which over 35% of the trout were large (≥ 14 inches). Anglers were estimated to harvest 212 wild brown trout per mile, of which 74 per mile were greater than or equal to 14 inches. This represents a relatively high harvest of the wild brown trout population, particularly the large trout (≥ 14 inches) and suggests that harvest may be limiting the abundance and the size structure of the wild brown trout population in Bald Eagle Creek, Section 06.
When trout stocking occurs, it attracts substantially more harvest-oriented anglers. In Statewide surveys of the Commonwealth's stocked and wild trout streams in 2004 and 2005, Commission staff documented that stocked trout streams had greater than five times higher harvest rates than streams managed for wild trout without stocking. Given the similarities of Bald Eagle Creek, Section 06, to the 11 other Class A stream sections stocked with trout and managed with Commonwealth inland waters regulations, it is likely that similar harvest rates are occurring, and harvest is also precluding those wild brown trout fisheries from reaching their full potential and negatively impacting population size structure.
Most (66%) anglers interviewed indicated support for an alternate management approach that would require catch and release of brown trout while allowing for the continued harvest of rainbow trout under Commonwealth inland waters regulations. This would eliminate harvest mortality and could provide an opportunity for the wild brown trout population to expand, including large (≥ 14 inches) wild brown trout that are most desirable to anglers, while continuing to provide an opportunity for anglers to harvest stocked rainbow trout.
Given the wild brown trout population characteristics and estimated angler use, harvest and opinions determined during the recent assessment of the 12 stream sections managed as both Class A wild trout stream sections and STWs, staff propose implementing a miscellaneous special regulation (See § 65.24) on the 12 stream sections that would manage brown trout with catch and release regulations and maintain Commonwealth inland waters regulations for all other species with all tackle types permitted, while continuing to stock these stream sections with rainbow trout at current rates and frequency.
The Commission proposes that § 65.24 be amended to read as set forth in Annex A.
F. Paperwork
This proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
This proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about this 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 notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically to RA-pfbcregulations@pa.gov. Electronic comments submitted in any other manner will not be accepted.
TIMOTHY D. SCHAEFFER,
Executive DirectorFiscal Note: 48A-350. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations Beaver Hopewell Township Park Lake Bass—15-inch minimum size limit and a 2 bass daily creel limit. Panfish (combined species): 10 fish daily creel limit. Use of live fish for bait is prohibited. Bedford Yellow Creek, Section 04, from the confluence with Beaver Creek downstream to Red Bank Hill All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1 (relating to Commonwealth inland waters).Blair, Huntingdon, Juniata, Mifflin and Perry Juniata River and its tributaries Rock bass—[Daily] daily creel limit is 10; open year-round; no minimum size limit. Butler Glade Run Lake All species except trout—[Catch] catch and release/no harvest; it is unlawful to take, kill or possess any fish except trout. All fish caught other than trout shall be immediately returned unharmed. Trout—[Inland] inland regulations apply. See § 61.1 [(relating to Commonwealth inland waters)]. Carbon Pohopoco Creek, Section 04, from the outlet of Beltzville Lake downstream to Hideaway Hunting and Fishing Club cable across creek All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Centre Bald Eagle Creek, from 0.38 mile upstream of Steel Hollow Run to 0.48 mile downstream of Steel Hollow Run Open to fishing year-round. All tackle types are permitted. From June 15 through Labor Day—the daily creel limit for trout is three (combined species). Trout must be 9 inches in length to be killed or possessed. From the day after Labor Day through June 14, no trout may be killed or possessed. Inland regulations apply to all other species. This miscellaneous special regulation will remain in effect until further notice. Centre Bald Eagle Creek, Section 06, from the confluence with Spring Creek downstream to the inlet of Sayers Lake near Boggs/Howard Township line All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Centre Foster Joseph Sayers Lake Crappie—10 fish daily creel limit of which no more than 5 fish may be greater than or equal to 9 inches in length. Centre Penns Creek, Section 02, from the State Road 45 bridge in Spring Mills downstream to the confluence with Elk Creek All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Clarion Beaver Creek Ponds Closed to fishing from 12:01 a.m. January 1 to 12:01 a.m. the second Saturday in June of each year. Bass—15 inch minimum size limit and a 2 bass daily creel limit for the total project area. Panfish (combined species)—10 fish daily creel limit for the total project area. Other species[-]—inland regulations apply. Clinton Fishing Creek, Sections 13 and 14, from the confluence with Cedar Run downstream to Country Club Road bridge in Mill Hall All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Columbia and Northumberland South Branch of Roaring Creek from the bridge on State Route 3008 at Bear Gap upstream to the bridge on State Route 42 This is a catch and release/no harvest fishery for all species. It is unlawful to take, kill or possess any fish. All fish caught shall be immediately returned unharmed. * * * * * Huntingdon Whipple Lake All species except trout—catch and release/no harvest; it is unlawful to take, kill or possess any fish except trout. All fish caught other than trout must be immediately returned unharmed. Trout—inland regulations apply. See § 61.1. This miscellaneous special regulation will remain in effect until further notice. Lehigh Little Lehigh Creek, Section 04, from the confluence with Spring Creek downstream to Wild Cherry Lane bridge All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Lehigh Little Lehigh Creek, Section 07, from 0.25 mile upstream of Country Club Road bridge downstream to Fish Hatchery Road bridge All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Lehigh and Northampton Monocacy Creek, Section 09, from Schoenersville Road bridge downstream to the confluence with Lehigh River All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Luzerne Harveys Lake During the period from the opening day of the regular season for trout through midnight the third Monday in February, the daily creel limit for trout (combined species) is 3, only one of which may exceed 18 inches in length. Warmwater/coolwater species, except as provided in this section—[Inland] inland regulations apply. Mifflin Kishacoquillas Creek, Section 05, from 1.5 miles upstream of the confluence with Tea Creek downstream to the Penn Central Railroad bridge All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Monroe and Pike Delaware Water Gap National Recreation Area The use of eel chutes, eelpots and fyke nets is prohibited. The taking of the following fishbait is prohibited: crayfish or crabs, mussels, clams and the nymphs, larva and pupae of all insects spending any part of their life cycle in the water. The taking, catching, killing and possession of any species of amphibians or reptiles within the boundaries of the Delaware Water Gap National Recreation Area is prohibited. Northampton Martins Creek, Section 01, from the confluence of the East and West Branch of Martins Creek downstream to the outflow of the Bangor sewage treatment plant near unnamed tributary All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Northampton Minsi Lake All species except trout—catch and release/no harvest; it is unlawful to take, kill or possess any fish except trout. All fish caught other than trout must be immediately returned unharmed. Trout—inland regulations apply. See § 61.1. This miscellaneous special regulation will remain in effect until further notice. Northampton Monocacy Creek, Section 08, from Illicks Mill Dam downstream to Schoenersville Road bridge All tackle types are permitted.
Brown trout—catch and release/no harvest; it is unlawful to take, kill or possess brown trout at any time.
All other trout species—7 inches minimum size limit—5 trout daily limit (combined species) from 8 a.m. on the opening day of the regular season for trout to midnight on Labor Day. Catch and release/no harvest—it is unlawful to take, kill or possess any trout from 12:01 a.m. the day after Labor Day to midnight the third Sunday in February the following year.
Closed to all fishing from 12:01 a.m. the third Monday in February until
8 a.m. on the opening day of the regular season for trout.
All species except trout—inland regulations apply. See § 61.1.Somerset, Fayette, Westmoreland and Allegheny Youghiogheny River from confluence with Casselman River downstream to the confluence with Ramcat Run Youghiogheny River from the pipeline crossing at the confluence with Lick Run downstream to the mouth of the river. Trout (all species)—no closed season. Daily limit: opening day of the regular season for trout until Labor Day—5 trout per day; day after Labor Day to opening day of the regular season for trout of the following year—3 trout per day. Inland regulations apply to warmwater/coolwater species. * * * * *
[Pa.B. Doc. No. 23-1174. Filed for public inspection September 1, 2023, 9:00 a.m.]
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