PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 61 AND 65]
Fishing
[28 Pa.B. 45] The Fish and Boat Commission (Commission) proposes to amend Chapters 61 and 65 (relating to seasons, sizes and creel limits; and special fishing regulations). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments relate to fishing.
A. Effective Date
These proposed amendments will, if approved on final rulemaking, go into effect on January 1, 1999, or upon publication of an order adopting the regulations, whichever occurs later.
B. Contact Person
For further information on the proposed changes, contact Laurie E. Shepler, Esq., (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
These proposed amendments are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed amendments are designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
At its October 28, 1996, meeting, the Commission, acting on a recommendation of the Fisheries Committee, established a Bass Workgroup chaired by Commissioner Anderson and comprised of Commission staff and various public representatives with a demonstrated interest in bass fishing. The workgroup's discussions focused on ways to increase bass angling opportunities by permitting a catch-and-release fishery for bass in the spring while assuring that populations are adequately protected at other times of the year to compensate for any possible increase in fishing mortality resulting from the catch-and-release fishery. The workgroup met twice (details of discussions and results were provided in a briefing book at the Commission's July 1997 meeting) and developed recommendations for changes in regulations and for actions to be taken by Commission staff relative to public education and resource classification.
The results of workgroup discussions were presented to the Fisheries Committee at the Commission's July 20, 1997, meeting, and the Committee recommended that the Commission accept the results. The report was accepted, and staff were instructed to bring the workgroup recommendations to the Commission at its October 1997 meeting as a proposed rulemaking item.
The proposed amendments package involves several major changes. These are:
1. Rivers and streams (mostly smallmouth) will be under different regulations than lakes and ponds (mostly largemouth).
2. A catch-and-release fishery, a No Harvest-Immediate Release regulation, will be in effect for bass during the spring period when bass season (harvest) is not ''open.''
3. A 15-inch minimum size, 4-bass creel limit will be in effect on lakes and ponds from January 1 to mid-April and November through December (essentially a Big Bass regulation for the late fall through spring fishery).
4. A 20-inch minimum size, 1 bass creel limit will be in effect on rivers and streams from January 1 to mid-April and October through December (harvest limited to only the exceptional trophy-sized bass). This change also will apply to those river reaches contained within the Big Bass Program.
The Commission proposes that its staff will develop a system of resource classification to identify those lakes and ponds where reproduction and production of bass is such that any increase in fishing mortality or disruption of reproductive activity could be expected to have a negative impact on populations. These waters should be excluded from the spring No Harvest-Immediate Release fishery. The Commission also proposes initiating an informational campaign, including a publication or pamphlet to advise anglers on how to handle and release bass to assure maximum likelihood of survival of fish taken in a catch-and-release fishery. This could be done as a cooperative effort with organized bass angling groups or members of the workgroup who have writing/communication skills and who volunteer to assist.
Over the past several months, the Commission has received numerous public comments regarding these issues. Copies of all public comments have been provided to the Commissioners.
F. Paperwork
The proposed amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed amendments will impose no new costs on the private sector or the general public.
H. Public Comments
Interested persons are invited to submit written comments, objections or suggestions about the proposed amendments to the Executive Director, Pennsylvania Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, within 90 days after publication of this notice in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically at ''regulations@fish.state.pa.us.'' A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
The Commission will hold public hearings on the proposals during the months of February, March and April, 1998. The exact dates, times and locations will be announced at a later date. The Commission will consider the proposal on final rulemaking at its July 1998 meeting.
PETER A. COLANGELO,
Executive DirectorFiscal Note: 48A-75. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS § 61.1. Commonwealth inland waters.
* * * * * (d) Except as otherwise provided in this subpart, the following seasons, sizes and creel limits apply to inland waters of this Commonwealth and the Youghiogheny Reservoir:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT * * * * * [BASS--Largemouth and Smallmouth and Spotted
All inland waters*][January 1 to midnight day before opening day of trout season; 12:01 a.m. first Saturday after June 11 to midnight December 31] [12 inches] [6 (combined species from all habitats)] BASS--Largemouth and Smallmouth and Spotted Lakes: January 1 to midnight the day before the opening day of trout season in April and November 1 to midnight December 31 ** 15 inches 4 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only
(No Tournamenets Permitted)12:01 a.m. the first Saturday after June 11 to midnight October 31 12 inches 6 (combined species) BASS--Largemouth and Smallmouth and Spotted Rivers and Streams*: January 1 to midnight the day before the opening day of trout season in April and October 1 to midnight December 31 ** 20 inches 1 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only
(No Tournaments Permitted)12:01 a.m. the first Saturday after June 11 to midnight September 30 12 inches 6 (combined species) * * * * * *[Note: See §§ 61.4 and 61.7 (relating to Conowingo Reservoir; and Susquehanna River and tributaries) for special bass seasons applicable to flowing water within the Susquehanna River Basin.] For purposes of this subsection, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ''rivers.''
* * * * *
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.8. Warmwater/coolwater species special conservation waters.
(a) The Executive Director, with the approval of the Commission, may designate waters as warmwater/coolwater special conservation waters. The designation of the waters shall be [effected] effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish for the following species in designated and posted warmwater/coolwater special conservation waters except in compliance with the seasons established in § 61.1 (relating to the Commonwealth inland waters) and the following size and creel limits:
Species Size (in) Creel Limit [Bass (all species)] [15] [2] * * * * * (c) It is unlawful to fish for bass (all species) in designated and posted warmwater/coolwater special conservation waters except in compliance with the following seasons and size and creel limits. It is not a violation of this subsection if the bass is immediately returned unharmed to the waters from which it is taken
Seasons Size (in) Creel Limit Lakes: January 1 to midnight the day before the opening day of trout season in April and 12:01 a.m. the first Saturday after June 11 to midnight December 31 15 4 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only (No Tournaments Permitted) Rivers and Streams: January 1 to midnight the day before the opening day of trout season in April and October 1 to midnight December 31 20 1 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only (No Tournaments Permitted) 12:01 a.m. the first Saturday after June 11 to midnight September 30 15 4 (combined species) Note: For purposes of this subsection, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ''rivers.''
§ 65.9. Big bass special regulations.
* * * * * (b) [The minimum size limit for largemouth and smallmouth bass in designated ''Big Bass Regulation'' waters is 15 inches.
(c) The daily creel limit for largemouth and smallmouth bass in designated ''Big Bass Regulation'' waters is four per day (combined species).
(d) It is unlawful to take, catch, kill or possess a largemouth or smallmouth bass on or in designated ''Big Bass Regulation'' waters except in compliance with the size and creel limits specified in subsections (b) and (c). It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it is taken.
(e)] It is unlawful to take, catch, kill or possess a largemouth, smallmouth or spotted bass on or in designated ''Big Bass Regulation'' waters except in compliance with the following seasons and size and creel limits. It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it is taken.
Seasons Size (in) Creel Limit Lakes: January 1 to midnight the day before the opening day of trout season in April and 12:01 a.m. the first Saturday after June 11 to midnight December 31 15 4 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only (NO TOURNAMENTS PERMITTED) Rivers and Streams: January 1 to midnight the day before the opening day of trout season in April and October 1 to midnight December 31 20 1 (combined species) 12:01 a.m. the opening day of trout season in April to 12:01 a.m. the first Saturday after June 11 NO HARVEST--Catch and immediate release only (NO TOURNAMENTS PERMITTED) 12:01 a.m. the first Saturday after June 11 to midnight September 30 15 4 (combined species) Note: For purposes of this section, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ''rivers.''
(c) Other Commonwealth inland fishing regulations apply to designated ''Big Bass Regulation'' waters.
[Pa.B. Doc. No. 98-17. Filed for public inspection January 2, 1998, 9:00 a.m.]
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