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PA Bulletin, Doc. No. 99-227

PROPOSED RULEMAKING

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 63]

Fishing for Bass During Spring Season

[29 Pa.B. 822]

   The Fish and Boat Commission (Commission) proposes to add § 63.43 (relating to fishing for bass during spring season). The Commission is publishing this regulation as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed regulation deals with fishing for bass during the spring season.

A.  Effective Date

   The proposed regulation, if approved on final rulemaking, will go into effect on January 1, 2000, or upon publication of an order adopting the regulation in the Pennsylvania Bulletin, whichever occurs later.

B.  Contact Person

   For further information on the proposed rulemaking, contact Laurie E. Shepler, Assistant Counsel, (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

   The proposed regulation is published under the statutory authority of section 2102 of the code (relating to rules and regulations).

D.  Purpose and Background

   The proposal is designed to update, modify and improve Commission regulations relating to fishing for bass during the spring season. The specific purpose is described in more detail under the summary of proposal.

E.  Summary of Proposal

   One of the issues raised by the Commission's recent changes to bass season, size and creel limits was the perception that bass populations require special protection during the traditional closed season from mid-April until mid-June. Therefore, the Commission proposes that during the period from 12:01 a.m. on the first Saturday after April 11 until 12:01 a.m. on the first Saturday after June 11, it will be unlawful to kill or possess (while in the act of fishing) any largemouth, smallmouth or spotted bass. Under the proposal, no tournaments will be permitted during this time period. Catch and release fishing for bass during this period will be limited. It will be unlawful for an angler to repeatedly cast into a clearly visible bass spawning nest or redd in an effort to catch or take bass. Otherwise, a bass caught and immediately returned unharmed to the waters from which taken during this period will not be considered a violation of the regulation.

F.  Paperwork

   The proposal will not increase paperwork and will create no new paperwork requirements.

G.  Fiscal Impact

   The proposal will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposal 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 regulation 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 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.

PETER A. COLANGELO,   
Executive Director

   Fiscal Note:  48A-92. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART II.  FISH AND BOAT COMMISSION

Subpart B.  FISHING

CHAPTER 63.  GENERAL FISHING REGULATIONS

§ 63.43.  Fishing for bass during spring season.

   During the period from 12:01 a.m. on the first Saturday after April 11 until 12:01 a.m. on the first Saturday after June 11:

   (1)  It is unlawful to kill or possess, while in the act of fishing, any largemouth, smallmouth or spotted bass.

   (2)  Tournaments are not permitted.

   (3)  Catch and release fishing for bass is limited as follows: It is unlawful for an angler to repeatedly cast into a clearly visible bass spawning nest or redd in an effort to catch or take bass. Otherwise, a bass caught and immediately returned unharmed to the waters fromwhich taken during this period will not be considered a violation of this section.

[Pa.B. Doc. No. 99-227. Filed for public inspection February 12, 1999, 9:00 a.m.]


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