PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 69]
Fishing in Lake Erie and Boundary Lakes
[32 Pa.B. 4724] The Fish and Boat Commission (Commission) proposes to amend Chapter 69 (relating to fishing in Lake Erie and boundary lakes). The Commission is publishing these amendments as a notice of proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed amendments relate to fishing.
A. Effective Date
The proposed amendments, if approved on final-form rulemaking, will go into effect on January 1, 2003, or upon publication of an order adopting the amendments in the Pennsylvania Bulletin, whichever occurs later.
B. Contact Person
For further information on the proposed amendments, contact Laurie E. Shepler, Assistant Counsel, (717) 705-7815, P. O. Box 67000, Harrisburg, PA 17106-7000. This proposal is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed changes to §§ 69.12--69.15 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 the Commission's regulations pertaining to fishing in Lake Erie and its tributaries. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
Commission staff has identified the need to update and improve the current regulations applicable to recreational fishing in Lake Erie and its tributaries. The immediate impetus for the proposed amendments was the need to clarify the prohibition on fishing in the Lake Erie tributaries during a brief period before the opening day of trout season in April. Currently, § 69.13 (relating to seasons, sizes and creel limits--Lake Erie tributaries) prohibits fishing for trout and salmon in tributary streams during a 32-hour period before opening day of trout or salmon. The wording of this prohibition differs to some degree from the general prohibition on fishing in approved trout waters during the closed season, and this difference has caused staff to identify the need for clarification. Under the proposed amendments, the regulation will clearly provide that fishing (for all species) is prohibited during this 32-hour period on Lake Erie tributaries and a portion of Presque Isle State Park. In addition, possession of trout or salmon will be prohibited on these streams during the same period.
The review by the Commission's staff of the Lake Erie and tributary regulations showed that it should be possible to simplify and consolidate these regulations. Currently, these regulations are spread across several sections of the fishing regulations. The Commission's staff believe that § 69.12 (relating to seasons, sizes and creel limites--Lake Erie) and § 69.13 can be consolidated into a single provision. The main substantive change from this consolidation relates to the creel limit for trout and salmon during the period from opening day in April until Labor Day in September. Currently, both Lake Erie and the tributaries have an eight trout per day creel limit. On the Lake and the Bay, only five of these fish may exceed 15 inches in length, while on the tributaries, only three of these fish may exceed 15 inches in length. From an enforcement perspective, having different limits for the same species on waters in that close proximity raises issues. The Commission's fisheries managers also report that there would be no negative consequences from simplifying the trout/salmon creel limit. Accordingly, as part of the consolidation of these provisions, the Commission is proposing that during the period from opening day until Labor Day, a creel limit of five trout/salmon (only two of which may be lake trout) should apply to the Lake, the Bay and the tributaries. This would bring the trout/salmon creel limit on these waters into line with the Statewide limits, and it would eliminate the sometimes confusing limitations on taking trout in excess of 15 inches in length.
Commission staff also has identified an opportunity to simplify the special regulations that apply to particular tributaries during the steelhead season (see § 69.14 (relating to special regulations applicable during the salmon and steelhead trout season)) and the miscellaneous special regulations (see § 69.15 (relating to miscellaneous special regulations)). The Commission is proposing elimination of the somewhat confusing table of special prohibitions applicable to specific streams during steelhead season (Labor Day to opening day in the following year) and clarification of the miscellaneous special regulation provisions.
The Commission believes that the simplification and consolidation of these regulations will improve their enforceability and make them easier to understand. The only major substantive change relates to the clarification of the fishing prohibition during the 32-hour period before opening day of trout season and the proposed change to the creel limit on trout/salmon during the regular season. The Commission proposes that the amendments will read as set forth in Annex A.
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, 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 ra-pfbcregs@state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. 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 DirectorFiscal Note: 48A-134. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES
Subchapter B. SPORT FISHING AND ANGLING § 69.12. Seasons, sizes and creel limits--Lake Erie and Lake Erie tributaries.
* * * * * (d) [The] It is unlawful to fish in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the opening day of trout season until 8 a.m. on the opening day of trout season in April.
(e) It is unlawful to possess trout or salmon in or along any Lake Erie tributary stream or the Water Works Ponds at Presque Isle State Park from 12:01 a.m. on the Friday before the opening day of trout season until 8 a.m. on the opening day of trout season in April.
(f) Subject to the provisions of subsections (d) and (e), the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:
SPECIES SEASONS MINIMUM SIZE DAILY LIMIT * * * * *
WALLEYE[*] January 1 to midnight March 15 and 12:01 a.m. the first Saturday in May to December 31 15 inches 6 * * * * * TROUT and SALMON First Saturday after April 11 until midnight Labor Day. 9 inches [8] 5 (combined species only 2 of which may be lake trout). [Of the entire catch (combined species) only 5 fish total may exceed 15 inches in length.] 12:01 a.m. the day after Labor Day until midnight on the Friday before the first Saturday after April 11. 15 inches 3 (combined species only 2 of which may be lake trout). * * * * * *It is unlawful to conduct or participate in a fishing tournament (as defined in § 63.40 (relating to seasons for fishing tournaments)) for bass on Lake Erie, Lake Erie tributaries or Presque Isle Bay during the period from opening day of trout season in April until the first Saturday after June 11.
§ 69.12a. Special regulations applicable to Lake Erie tributary streams.
(a) The following Lake Erie tributary streams are designated as Nursery Waters--Trout Run and its tributaries; Godfrey Run; Orchard Beach Run; and Crooked Creek (where posted). It is unlawful to fish, wade or possess fishing equipment while in or along Lake Erie tributary streams designated as Nursery Waters.
(b) Archery fishing or spear fishing is prohibited in or along Lake Erie tributary steams.
(c) From 12:01 a.m. on the day after Labor Day, until the opening day of trout season in April, all Lake Erie tributary streams are closed to fishing from 10 p.m. until 5 a.m. on the following day except for Walnut Creek and Elk Creek north of Route 5.
(d) It is unlawful to fish from 10 p.m. until 5 a.m. of the following day within 50 yards of the mouth of both Trout Run and Godfrey Run while fishing the Lake Erie shoreline.
(Editor's Note: The Commission is proposing to delete §§ 69.13--69.15 as they currently appear in the Pennsylvania Code, pages 69-4 to 69-82 (serial pages (280032) and (236589) to (236594).)
§ 69.13. (Reserved).
§ 69.14. (Reserved).
§ 69.15. (Reserved).
[Pa.B. Doc. No. 02-1679. Filed for public inspection September 27, 2002, 9:00 a.m.]
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