PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 61]
Fishing; Seasons, Sizes and Creel Limits
[54 Pa.B. 5618]
[Saturday, September 7, 2024]The Fish and Boat Commission (Commission) proposes to amend Chapter 61 (relating to seasons, sizes and creel limits). 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 to § 61.2 (relating to Delaware River, West Branch Delaware River and River Estuary) updates the Commission's regulations concerning Atlantic striped bass fishing in the Delaware River, West Branch Delaware River and River Estuary.
A. Effective Date
This proposed rulemaking, if approved on final-form rulemaking, will go into effect on January 1, 2025.
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 amendments to § 61.2 are published under the statutory authority of section 2102(b) of the code (relating to rules and regulations).
D. Purpose and Background
The specific purpose and background of the proposed amendment is described in more detail under the summary of proposal.
E. Summary of Proposal
At its January 2024 quarterly meeting, the Atlantic States Marine Fisheries Commission's (ASMFC) Atlantic Striped Bass Management Board, which includes the Commonwealth as a member, approved Addendum II to Amendment 7 to the Interstate Fishery Management Plan (FMP) for Atlantic striped bass. The Addendum modifies recreational measures to reduce fishing mortality by 14.1% in 2024, addresses requirements for recreational filleting and other management provisions. Addendum II builds upon the 2023 emergency action taken by the ASMFC by changing the measures in the FMP to reduce fishing mortality and support stock rebuilding.
Addendum II measures must be implemented by May 1, 2024. To address the coast-wide regulation directed by the ASMFC, the Commission's Executive Director took immediate actions to make modifications to fishing regulations under § 65.25 (relating to temporary changes to fishing regulations) to amend § 61.2. Specifically, the Executive Director amended this section to reduce the maximum harvestable length in the striped bass slot limit from less than 35 inches to less than 31 inches from the Pennsylvania line upstream to Calhoun Street Bridge (Delaware Estuary) from January 1 through March 31 and June 1 through December 31 and from the Calhoun Street Bridge upstream (Delaware River) year-round, which was published at 54 Pa.B. 69 (January 6, 2024). The Executive Director amended this section to reduce the daily limit of striped bass from two fish to one fish and adjust the harvestable length slot limit from 21 inches to less than 24 inches and 22 inches to less than 26 inches from the Pennsylvania line upstream to Calhoun Street Bridge (Delaware Estuary) from May 1, 2024 through May 31, 2024, which was published at 54 Pa.B. 2191 (April 20, 2024). Gear restrictions remained unchanged. These temporary changes went into effect on January 1, 2024, and May 1, 2024, and will remain in effect until the Commission, by appropriate action, amends § 61.2. This proposed rulemaking seeks to amend the section accordingly.
To address concerns about recreational filleting allowances and compliance with harvestable size limits, Addendum II requires states that authorize at-sea or shore-side filleting, or both, of Atlantic striped bass to establish minimum requirements, including requirements for carcasses to be retained and possession to be limited to no more than two fillets per legal fish harvested. Commission staff proposed to add recreational filleting requirements specific to Atlantic striped bass to § 61.2 because it is the primary fishery in which Atlantic striped bass is found in this Commonwealth.
In addition to the ASMFC mandated amendments, Commission staff identified an opportunity to further clarify language in § 61.2(d) pertaining to the required use of a circle hook when fishing with bait for any species of fish in the tidal Delaware Estuary. The intent of this provision is to require a hook configuration consisting of a single, non-offset (in-line) circle hook; however, the current language is unclear regarding the prohibition of a multiple circle hook configuration. It is recommended to add clarifying language to the body of the text in the regulation.
The Commission proposes that § 61.2 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-356. No fiscal impact; recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. Fishing
CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 61.2. Delaware River, West Branch Delaware River and River Estuary.
* * * * * (d) It is unlawful to fish with bait for any species of fish in the tidal Delaware Estuary, including tributaries from the mouths of the tributaries upstream to the limit of tidal influence using any hook type other than a non-offset (in-line) circle [hooks] hook. The definition of a non-offset (in-line) circle hook is a single, non-offset hook where the point is pointed perpendicularly back towards the shank. The term ''non-offset'' means the point and the barb are in the same plane as the shank. For purposes of this section, a non-offset (in-line) circle hook is considered a fishing device with no more than one point or barb.
(d.1) It is unlawful for any person to gaff or attempt to gaff any striped bass at any time when fishing.
(d.2) Except as follows, it is unlawful to possess a striped bass in any form or condition other than in the whole or having the entrails removed while on shore, along the waters of this Commonwealth, onboard a boat or on a dock, pier, launch area or a parking lot adjacent thereto:
(1) Striped bass may be processed fully if they are being prepared for immediate consumption.
(2) Provided that the requirements of this paragraph are met, striped bass may be processed by a permitted charter boat or fishing guide operation. The charter boat operator or fishing guide may fully process the striped bass at any time provided that there are no more than two fillets per striped bass (cutting the fillets into pieces, also known as chunking, is prohibited) and the charter boat operator or fishing guide retains the carcass until possession of the striped bass is transferred to the customer on shore. The charter boat operator or fishing guide shall give the customer who receives the processed striped bass a signed, dated receipt on the form prescribed by the Commission.
(e) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT * * * * *
STRIPED BASS and HYBRID STRIPED BASS From Pennsylvania line upstream to Calhoun Street Bridge: January 1 until March 31 and June 1 until December 31. 28 to less than
[35] 31 inches1 April 1 through May 31 [21] 22 to less than [24] 26 inches [2] 1 From Calhoun Street Bridge upstream: open year-round 28 to less than
[35] 31 inches1 * * * * *
[Pa.B. Doc. No. 24-1249. Filed for public inspection September 6, 2024, 9:00 a.m.]
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