RULES AND REGULATIONS
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 65]
Fishing
[28 Pa.B. 1755] The Fish and Boat Commission (Commission) by this order amends Chapter 65 (relating to special fishing regulations) to read as set forth in Annex A. The Commission is publishing this regulation under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The regulation deals with fishing.
A. Effective Date
The regulation will go into effect on January 1, 1999.
B. Contact Person
For further information on the regulation, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This final rulemaking is available electronically through the Commission's Web site (http://www.fish.state.pa.us).
C. Statutory Authority
This regulation is published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The regulation is designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the regulation is described in more detail under the summary of changes.
E. Summary of Changes
Fishing for panfish in this Commonwealth represents one of the most popular forms of recreational angling. Panfish may include sunfish, yellow perch, crappies, catfish, rock bass, suckers, eels, carp and white bass. The popularity of this broad array of species has been documented in United States Fish and Wildlife surveys which show that, in this Commonwealth, with the exception of trout, anglers spend more time fishing for these species than any other. In 1991, anglers spent at least 8,023,000 days fishing for panfish in this Commonwealth. By comparison, 11,125,000 angler days were directed towards trout and 7,186,000 angler days were directed towards black bass.
In most inland waters in this Commonwealth, harvest of panfish is regulated with a 50 fish combined species creel limit. Size restrictions and seasonal harvest restrictions do not apply. As might be expected, those individual species that comprise the panfish group exhibit different levels of popularity among anglers and different levels of vulnerability to capture by anglers. This regulation is specifically directed to lake populations of bluegill, pumpkinseed and redear sunfish referred to as sunfish; black crappie and white crappie referred to as crappie; and yellow perch.
Lake angler surveys conducted by the Commission (1978--1990) show that 47% of all fishing time is spent in pursuit of sunfish, crappie and yellow perch, as defined above. The ease with which these species are caught, as described by their high catch rate in creel surveys, contributes to their broad popularity and provides an ideal means by which to introduce youth and others to fishing. Their ease of capture, however, particularly in waters containing more robust populations, may in certain cases, contribute to reduced availability of desirable size fish. Desirable size panfish represent the size most anglers like to catch. Carefully crafted harvest restrictions have increased the abundance of larger individuals of various other species within this Commonwealth. For example, black bass populations have improved through the Conservation Lake and Big Bass programs. Examination of sunfish, crappie and yellow perch size structure data revealed that many panfish populations across the State yield good numbers of desirable size fish; however, some waters were identified where angler harvest was suspected to reduce the abundance of desirable size fish.
The Commission's goals for a small group of panfish study lakes are to 1) increase the number of desirable size panfish available to anglers; and 2) increase the number of satisfied anglers targeting panfish. To meet these goals, the Commission has identified the following objectives that will serve to gauge progress toward goal achievement and ultimately provide a benchmark by which to judge success of this initiative:
1) Increase the number of sunfish over 7 inches and number of crappie and yellow perch over 9 inches available for harvest, as measured in biological assessment catches (example: net catch, electrofishing catch);
2) Increase the number of satisfied anglers targeting sunfish, crappie and yellow perch as measured through angler contact surveys; and
3) Increase the number of desirable size panfish harvested, as measured by creel surveys on selected waters.
Minimum length limits and creel limits represent some of the best tools available to reduce angler harvest and increase the number of larger panfish. Minimum length limits have the most utility in fostering an increase in abundance of desirable size panfish sufficient to reach objectives. A reduced creel limit may have less utility initially, but as populations of desirable size fish increase, they will play a more important role.
The Commission therefore has adopted § 65.11 (relating to panfish enhancement special regulations). This special regulation imposes a 7-inch length limit for sunfish (principally bluegill, pumpkinseed and redear sunfish), a 9-inch length limit for crappie (black and white crappie) and a 9-inch length limit for yellow perch. Any one or all three length regulations might apply to any given lake. The Commission also has adopted the following daily creel limits for the waters to be subject to the regulation: 20 for each species group with a length limit and a total creel limit of 20 (combined species). The Commission adopted this regulation as proposed with one change: a total creel limit of 20 (combined species) instead of the proposed 50.
The Commission has some concerns that anglers may view the regulation as the ''answer to all problems'' when it comes to panfish. Thus, some commentary on fisheries biology and angler expectations seems to be in order. Numerous biological and physical elements combine to shape the abundance and size structure of panfish populations, in addition to angler harvest. For example, density of predators, density of other competing species, quantity of aquatic vegetation (that affords necessary nursery and food producing habitat for panfish), quantity of forage organisms and water quality are a few elements that affect the abundance of desirable size panfish. All of these elements combine to influence the number of young produced, their growth rate and the rate at which they survive to adulthood or desirable size. Survival is influenced by natural loss (predation, for example) and by loss due to angler harvest. This illustrates that angler removals represent just one component that could influence the abundance of desirable size panfish.
Biologists will propose for Commission consideration study waters for inclusion in the program based upon their understanding of these elements and based upon a review of panfish population data throughout the State. In addition, measurable guidelines have been developed to indicate when a panfish population might be reduced in quality due to angler harvest, and where the special regulations might be expected to attain target objectives. It should be known that biologists use other management tools, in addition to special regulations, to enhance panfish abundance every day (for example, predator-prey balance is frequently adjusted by stocking a predator fish, and manipulation of over-winter lake water levels is frequently carried out to adjust the quantity of macrophyte habitat available for some panfish).
Using measurements of vital rates such as growth and mortality, coupled with assumptions relative to production of young, Commission biologists predict that the special regulation applied to selected lakes will, over time, yield an approximate 50% increase in abundance of sunfish age 3 and older as well as crappie and yellow perch age 4 and older (all desirable size fish). However, it has also been determined that immediately after imposition of the regulation, there will be a reduction in angler harvest, simply because it will take several years for fish to increase in number below the newly established minimum size limit and before the increase will yield measurable quantities of fish above the length limit. An overall measurable increase is expected in about 5 years based upon model computations and past experience with other warmwater species. Increases will only be realized in waters where fishing intensity reduces the abundance of desirable size panfish. That is, the special regulation should not be considered to yield similar effects where abundance of desirable size individuals is below expectations for other biological or physical reasons. For example, restricting harvest at a lake with a stunted panfish population might increase the stunting problem, so care will be used in selecting experimental lakes for inclusion in the program.
The Commission believes that the panfish special regulation in selected lakes will: (1) meet objectives, since computations using measured vital rates indicate that substantive increases in abundance of larger fish will be attained after a number of years; and (2) be well received by anglers since angler opinion surveys demonstrate that those anglers polled favored panfish harvest restrictions similar to those as adopted.
F. Paperwork
The regulation will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The regulation will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The regulation will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking containing the proposed regulation was published at 27 Pa.B. 5614 (November 1, 1997). Instead of the usual 30-day public comment period, the notice provided for a 60-day public comment period. During the public comment period, the Commission received three written comments. One favored the proposal as written, one generally supported a creel limit for panfish but thought that it should be set at 15 (not 20) and one opposed the proposed creel limit. The Commission also received one comment after the public comment period opposing the proposed regulation. Copies of all public comments were provided to the Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the regulation 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) and the regulations promulgated thereunder (1 Pa. Code §§ 7.1 and 7.2).
(2) A public comment period was provided and that all comments received were considered.
(3) The adoption of the regulation 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 65, are amended by adding § 65.11 to read as set forth in Annex A.
(b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and Annex A and deposit the same with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
PETER A. COLANGELO,
Executive DirectorFiscal Note: Fiscal Note 48A-73 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 65. SPECIAL FISHING REGULATIONS § 65.11. Panfish enhancement special regulation.
(a) The Executive Director, with the approval of the Commission, may designate waters as ''Panfish Enhancement Special Regulation'' waters. The designation shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin.
(b) It is unlawful to fish in designated and posted ''Panfish Enhancement Special Regulation'' waters except in compliance with the following seasons and size and creel limits:
Species Seasons Minimum Size Daily Limit Sunfish (bluegill, pumpkinseed and redear) Open year-round 7 inches 20 (combined species) Crappie (black and white) 9 inches Yellow perch 9 inches Other species--inland seasons and size and creel limits apply.
[Pa.B. Doc. No. 98-568. Filed for public inspection April 10, 1998, 9:00 a.m.]
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