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PA Bulletin, Doc. No. 98-868

NOTICES

FISH AND BOAT COMMISSION

Consideration of Change to Special Regulation Designation Kettle Creek, Potter County

[28 Pa.B. 2551]

   At its April 1998 meeting, the Fish and Boat Commission (Commission) approved guidelines with regard to encouraging public participation on possible changes to the designation of stream sections for special regulation programs. Under 58 Pa. Code Chapter 65, the Commission designates certain streams and stream sections as being subject to special trout fishing regulations. These designations are effective after Commission approval when they are posted at the site and a notice is published in the Pennsylvania Bulletin. Under the new guidelines, a notice concerning the proposed designation or redesignation of a stream section under special regulations ordinarily will be published in the Pennsylvania Bulletin before the matter is reviewed by the Commissioners.

   A Commissioner has asked the staff to publish a notice and solicit public input on his concept for a possible change to special regulations on a 1.7 mile section of Kettle Creek, Potter County. Accordingly, notice is hereby given that the Fish and Boat Commission, acting under 58 Pa. Code Ch. 65, may consider the deletion of a section of Kettle Creek from 500 ft. downstream of SR0144 upstream a distance of 1.7 miles from the list of Delayed Harvest Artificial Lures Only areas designated under 58 Pa. Code § 65.6. Instead, the Commission may be asked to consider placing this section under Delayed Harvest Fly Fishing Only Regulations, (58 Pa. Code § 65.2).

   This section of Kettle Creek is located on Commission property. At the July 1970 Commission meeting, the Commission voted to acquire the Thompson tract along Kettle Creek. This is the property surrounding the special regulations area. During the May 1971 Commission meeting, the Commission voted to approve a special regulation area on Kettle Creek along the entire 1.7 mile distance of the newly acquired Thompson tract. Under the so-called ''fish-for-fun program,'' this water was stocked several times throughout the spring and summer. Regulations provided for year-round angling and the harvest of one trout per day, 20 inches in length or longer. Gear was restricted to flies only and fishing hours extended from 1 hour before sunrise to 1 hour after sunset. This regulatory option was discontinued prior to the 1981 season in favor of more resource-based program options.

   Starting in 1981, this section was managed under the, then, fly-fishing-only option of the catch-and-release program. The catch-and-release program as we know it today (barbless hook, artificial lures only) went into effect for the 1984 season. At that time (1984) three of the former catch-and-release (FFO waters) were moved into the no-harvest, FFO program (Spring, Kettle, and Little Lehigh Creeks). Because it was made an exception in 1984, Kettle Creek regulations were essentially unchanged: barbless fly-fishing-only, season open year around with no harvest permitted. During the period from 1981 until 1988, this area was managed as a Class A wild trout fishery with no stocking as inventory information recorded a brown trout biomass of 84.45 kg/ha in 1981.

   Biomass steadily declined from 51.77 kg/ha in 1982 to a low of 16.64 kg/ha in 1984. The 1984 estimate was conducted during the summer that followed the February 1984 St. Valentine's Day flood. Subsequent inventories conducted during 1985 and 1986 recorded biomass Class B wild brown trout populations lower than the levels that had been observed prior to flooding. Mediocre habitat, combined with an unstable environment (flood, drought and elevated summer water temperatures) were limiting factors constraining the wild trout populations.

   Management recommendations in 1987 were to propose regulation changes to artificial lures only and to stock this section as a ''Class B'' catch-and-release area. Therefore, from 1988 through 1997, this stream section was managed as a stocked biomass Class B water under the catch-and-release program (at the time, one of only three stocked Class B catch-and-release areas in the state). Catch-and-release regulations provided for year-round angling with no harvest. Tackle was restricted to the use of barbless flies and artificial lures only. Since 1988, fishing with artificial lures and spinning gear has been permitted on this section of Kettle Creek.

   Recent inventories (1994 and 1997) confirmed that this section no longer supports the biomass Class B wild brown trout densities that were recorded during the mid-1980s. Therefore, if the provision of a recreational sport fishery is desired under special regulations, stocking is necessary and management under the Delayed Harvest, Artificial Lures Only program was deemed the most appropriate regulatory option for this biomass Class C fishery. The Commission voted to change this section to a delayed-harvest, artificial lures only area (58 Pa. Code § 65.5) starting in January 1998. This decision was confirmed after considering input from a public meeting at the site and publication of a notice inviting public input. The Commission staff continue to believe that delayed-harvest artificial lures only regulations are appropriate for this stream section in accordance with the trout management plan and resource-based regulatory options.

   Delayed Harvest Artificial Lures Only regulations provide for a limited harvest period from June 15 through Labor Day and an elongated no harvest period from the day after Labor Day until the following June 15. During the harvest period, an elevated minimum length limit (9 inches) and reduced creel limit (3 trout/day) is applied to ensure that emphasis remains on recreation rather than harvest. Fishing hours extend from 1 hour before sunrise to 1 hour after sunset and tackle is restricted to the use of artificial lures only (which includes the use of flies and streamers). Under this option multiple stockings occur as this section is stocked twice during the spring and once in October to provide additional catch-and-release angling during the fall.

   This stream section has been managed under an artificial lures only option (including flies and streamers) for the past 11 seasons. Few, if any, angler conflicts due to tackle have been reported. As part of the 1991 Trout Angler Telephone Survey, anglers were asked a series of questions pertaining to their attitudes and opinions of special regulations areas. When asked if all delayed harvest areas should permit spinners and artificial lures as well as flies, overall, 60.5% agreed with this concept and 33.2% disagreed.

   Kettle Creek is a popular destination stream for fly fishers, and some anglers have contacted Commissioners to ask that the Commission consider changing the regulations on the delayed-harvest section to permit use of flies only. On the other hand, the Commission has received input from other anglers who generally oppose restricting trout waters to fly-fishing. There is a good deal of public interest in this subject, and, in response to a suggestion from one of our Commissioners, we are seeking public input. Imposition of a fly-fishing only restriction on this stream section would change 11 seasons of past practice and would be contrary to the special trout fishing regulations on most other publicly-owned or controlled streams to which special restrictions apply. In recent years, the trend, consistent with resource-based considerations and research on hooking mortality, has been to expand fishing opportunities to include the use of artificial lures only.

   The Fish and Boat Commission is soliciting public input concerning a possible designation that may be proposed to change a 1.7 mile section of Kettle Creek from delayed-harvest (artificial lures only) regulations to delayed-harvest (fly-fishing only) regulations. Persons with comments, objections or suggestions concerning the possible proposed change to the special regulations applicable to this stream section are invited to submit comments in writing to Executive Director, Pennsylvania Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 by no later than July 15, 1998.

PETER A. COLANGELO,   
Executive Director

[Pa.B. Doc. No. 98-868. Filed for public inspection May 29, 1998, 9:00 a.m.]


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