RULES AND REGULATIONS
Title 58--RECREATION
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 61]
Fishing
[28 Pa.B. 5103] The Fish and Boat Commission (Commission) by this order amends §§ 61.1 and 61.2 (relating to Commonwealth inland waters; and Delaware River and River Estuary). The Commission is publishing these amendments under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendments relate to fishing.
A. Effective Date
These amendments will go into effect on January 1, 1999.
B. Contact Person
For further information on the amendments, 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 at http://www.fish.state.pa.us.
C. Statutory Authority
These amendments are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The amendments are designed to update, modify and improve Commission regulations pertaining to fishing. The specific purpose of the various amendments is described in more detail under the summary of changes.
E. Summary of Changes
Sections 61.1 and 61.2. Management of American shad, hickory shad, gizzard shad and river herring (alewife and blueback herring) stocks are a real challenge to today's fisheries managers. Restoration efforts to one extent or the other for one or more of these species are occurring in the Susquehanna River basin and the Delaware River drainage, specifically the Lehigh River and to a lesser extent the Schuylkill River.
Recently, the Commission amended its prohibition of harvest of American shad in the Susquehanna River to include hickory shad and river herring (alewife and blueback herring) and increased the coverage to include all tributaries. Hickory shad are listed as a Candidate Species in § 75.3 (relating to candidate species) and, as such, could achieve endangered or threatened status in the future. The Commission is concerned that existing regulations, particularly as applied to the Delaware River, Estuary and tributaries, are not in harmony with the Candidate Species listing or the intent of restoration efforts.
Also, river specific and Statewide regulations are not clear as to the harvest of gizzard shad, particularly those longer than 8 inches (those 8 inches or less are considered baitfish) taken by means of hook and line either for personal consumption or use as bait for larger gamefish, such as muskellunge or striped bass. Gizzard shad occur in various waters across this Commonwealth with many ''landlocked'' populations maintained through natural reproduction, while others are of a migratory nature congregating in large concentrations downstream of dams. Harvest of this species should pose no threat to the stock but needs to be regulated from the standpoint of natural resource conservation ethics. Therefore, the Commission has amended § 61.1 by adding ''no open season'' for hickory shad, by adding gizzard shad with an open year-round season with a 50 fish possession limit, and by adding a 50 fish daily possession limit for herring. The Commission also has amended § 61.2 by adding hickory shad with a ''no open season.''
F. Paperwork
The amendments will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The amendments will impose no new costs on the private sector or the general public.
H. Public Involvement
A notice of proposed rulemaking containing the proposed amendments were published at 28 Pa.B. 1840 (April 18, 1998). The Commission received one comment from the Water Quality Subcommittee of the Pennsylvania Electric Association that opposes the proposal. A copy of this public comment was provided to all Commissioners.
Findings
The Commission finds that:
(1) Public notice of intention to adopt the amendments 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 amendments 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 61, are amended by amending §§ 61.1 and 61.2 to read as set forth at 28 Pa.B. 1840.
(b) The Executive Director will submit this order and 28 Pa.B. 1840 to the Office of Attorney General for approval as to legality as required by law.
(c) The Executive Director shall certify this order and 28 Pa.B. 1840 and deposit them 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-80 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 98-1649. Filed for public inspection October 9, 1998, 9:00 a.m.]
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