PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CHS. 65, 69, 75, 77 AND 111]
Fishing; Boating
[33 Pa.B. 1479] The Fish and Boat Commission (Commission) proposes to amend Chapters 65, 69, 75, 77 and 111. The Commission is publishing the proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Laurie E. Shepler, Assistant Counsel, P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed rulemaking is available electronically through the Commission's website (http://www.fish.state.pa.us).
C. Statutory Authority
The proposed amendments to § 65.24 (relating to miscellaneous special regulations) are published under the statutory authority of section 2307 of the code (relating to waters limited to specific purposes). The proposed amendments to §§ 69.21 and 69.24 (relating to limitations on numbers and types of licenses; and limitations on gear) are published under the statutory authority of section 2903 of the code (relating to boat and net licenses for boundary lakes). The proposed amendment to § 75.1 (relating to endangered species) is published under the statutory authority of section 2305 of the code (relating to threatened and endangered species). The proposed amendments to § 77.2 (relating to reptile and amphibian hunt permits) are published under the authority of section 2904 of the code (relating to permits for protection and management of particular fish). The proposed amendments to § 77.6 (relating to season and daily possession limits) are published under the statutory authority of section 2102(b) of the code (relating to rules and regulations). The proposed amendments to §§ 111.6, 111.21 and 111.54 (relating to Berks County; Cumberland County; and Schuylkill County) are published under the statutory authority of section 5124 of the code (relating to particular areas of water).
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's regulations pertaining to fishing and boating. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposal.
The Commission's Boating Advisory Board considered the proposed amendments to Chapter 111 (relating to special regulations counties) and recommended that the Commission publish a notice of proposed rulemaking containing the proposed amendments.
E. Summary of Proposal
(1) Sections 65.24, 77.2 and 77.9. A recent review of the Commission's regulations has revealed that certain housekeeping changes should be made. Accordingly, the Commission proposes to amend these sections to read as set forth in Annex A.
(2) Sections 69.21 and 69.24. Beginning on January 1, 1996, the use of gill nets for fishing on boundary lakes became illegal. Since that time, there have been only three commercial fishermen who annually apply for trap net licenses to legally fish in this Commonwealth waters of Lake Erie.
Section 69.21 currently provides that up to 10 individuals may be licensed to fish with up to 20 trap nets each and that each net requires a separate license. Two of the three licensees have not recorded any fishing activity or landings for several years, a requirement for renewing and maintaining a commercial trap net license under § 69.23(c)(1) and (2) (relating to responsibility of licensees). Based upon the performance of the trap net fishery since 1996 and the lack of additional interest in its expansion, there is no reasonable expectation that a vigorous trap net fishery will prosper in the near future. Accordingly, the Commission proposes to amend §§ 69.21 and 69.24 to reduce the number of trap net licenses so that up to three individuals may be licensed to fish up to six trap nets each. The Commission intends to revisit this issue in the future and further reduce the number of trap net licenses if activity continues to be limited and interest is waning.
(3) Section 75.1. In 1990, the United States Department of Interior, Fish and Wildlife Service, designated Alasmidonta heterodon (dwarf wedgemussel) as Federally endangered in the entire range. This species of freshwater mussel is known to occur in Connecticut, Massachusetts, Maryland, North Carolina, New Hampshire, New Jersey, New York, Pennsylvania, Virginia, Vermont and New Brunswick, Canada. Until recently, the dwarf wedgemussel was considered extirpated from its former range in the Delaware River drainage.
During mussel surveys of the Upper Delaware Scenic and Recreation River by William Lellis of the United States Geological Survey, from July to August 2000, the dwarf wedgemussel was discovered at six locations in the upper Delaware River, Wayne County. Thirteen live specimens and four shells were located from north of Equinunk, PA to south of Callicoon, NY. Subsequent surveys in 2001 and 2002 by William Lellis have documented additional occurrences in the Upper Delaware River basin.
Section 102 of the code (relating to definitions) defines endangered species as ''all species and subspecies of fish which (1) have been declared by the Secretary of the United States Department of Interior to be threatened with extinction and appear on the Endangered Species List or the Native Endangered Species List published in the Federal Register; or (2) have been declared by the executive director to be threatened with extinction and appear on the Pennsylvania Endangered Species List published in the Pennsylvania Bulletin.'' Because this Federally endangered species recently has been rediscovered in this Commonwealth, the Commission proposes adding it to the Pennsylvania list of endangered species.
(4) Section 111.6. The Commission adopted special regulations in 1971 to allow and control the use of the Felix Dam pool of the Schuylkill River for waterskiing and other uses inconsistent with the 100-foot rule and other special boating requirements. The dam is a very old wooden crib structure and was breached several years ago during a flood event. It does not appear that the dam will be reconstructed, and the regulations have become superfluous because the type of boating that the regulations were intended to permit can no longer take place. Accordingly, the Commission proposes to delete the regulation as set forth in Annex A.
(5) Section 111.21. The Commission adopted special regulations in 1979 to control the use of boats on the pool behind the Good Hope Mill Dam on the Conodoguinet Creek. The dam was removed in 2001, and the circumstances that required these special regulations no longer exist. The general boating regulations adequately regulate boating in this area. Accordingly, the Commission proposes to delete the regulation as set forth in Annex A.
(6) Section 111.54. A recent staff review of the Commission's regulations has revealed that they do not include Tuscarora Lake in Schuylkill County as being electric motors only. Accordingly, the Commission proposes to add this lake to its list of electric motors only restrictions as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will create no new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking 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 rulemaking 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 to 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-139. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.24. Miscellaneous special regulations.
The following waters are subject to the following miscellaneous special regulations:
County Name of Water Special Regulations * * * * * [Lehigh] [Leasor Lake] [Closed to public fishing.] * * * * * [Westmoreland] [Northmoreland] [Closed to public fishing.] [Westmoreland] [Bridgeport Dam] [Until December 31, 1994, Bridgeport Dam is a catch-and-release/no-harvest fishery for all species. It is unlawful to take, kill or possess, while in the act of fishing, fish taken from the waters of Bridgeport Dam.] * * * * *
CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES
Subchapter C. COMMERCIAL FISHING LICENSES § 69.21. Limitations on numbers and types of licenses.
(a) The number and types of commercial fishing licenses for fishing in Lake Erie shall be limited as follows:
(1) Trap nets: Up to [ten] three individuals may be licensed to fish up to [20] six trap nets each. Each trap net requires a separate license.
* * * * * § 69.24. Limitations on gear.
(a) A licensed trap netter may not use or fish more than [20] six trap nets, singularly or in a series or tandem set, at any one time.
* * * * *
CHAPTER 75. ENDANGERED SPECIES § 75.1. Endangered species.
* * * * * (b) Fish. The following species are endangered:
* * * * * (31) Dwarf wedgemussel, Alasmidonta heterodon.
* * * * *
CHAPTER 77. REPTILES AND AMPHIBIANS § 77.2. Reptile and amphibian hunt permits.
* * * * * (b) The Commission finds, under section 2904 of the code (relating to permits for protection and management of particular fish), that it is necessary for the proper protection and management of the timber rattlesnake (Crotalus horridus) that persons who hunt, take, catch or kill timber rattlesnakes have an individual permit for the activity. It is unlawful to take, catch, kill or possess a timber rattlesnake no matter how obtained without procuring the required permit from the Commission. Application for a permit shall be made on a form prescribed by the Commission. Permits may be obtained by applying to: Herpetology and Endangered Species Coordinator, [Bureau of Fisheries] Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. It is unlawful for a permittee to hunt for timber rattlesnakes without having in his possession the required permit at all times while engaged in the activities. Permittees under this section shall comply with the terms and conditions of the permit, including the requirement for catch reports. The fee for the permit is $5 per year.
(c) The Commission finds, under section 2904 of the code, that it is necessary for the proper protection and management of reptiles and amphibians in this Commonwealth that organized reptile and amphibian hunts be conducted under permits issued under this section. The sponsor of one or more organized reptile and amphibian hunts shall apply for a permit by no earlier than January 1 and no later than March 1 of the year for which the hunt is proposed on a form prescribed by the Commission. Permits may be obtained by applying to: Herpetology and Endangered Species Coordinator, [Bureau of Fisheries] Division of Environmental Services, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616. It is unlawful to engage in organized reptile and amphibian hunts unless the sponsors of the hunts have first procured the required permit for each hunt. The required permits shall be held in possession of the sponsor at all times during each hunt. Permittees shall comply with the terms and conditions of each permit and furnish reports required thereby. The fee for each permit is $25.
* * * * *
§ 77.6. Season and daily possession limits.
* * * * * (e) The following seasons, sizes and catch limits apply to amphibians and reptiles except endangered and threatened species:
SPECIES SEASON DAILY LIMIT POSSESSION LIMIT * * * * *
Timber rattlesnake (Crotalus horridus) Second Saturday in June to July 31 [1] [1 (annual limit)] 1 (annual limit)* * * * * * *It is unlawful for a person to take, catch or kill more than one timber rattlesnake per calendar year. It is unlawful for a person to possess more than one timber rattlesnake at any time.
Subpart C. BOATING
CHAPTER 111. SPECIAL REGULATIONS COUNTIES § 111.6. Berks County.
* * * * * (b) [Felix Dam Pool, Schuylkill River. The following special regulations apply to Felix Dam Pool, Schuylkill River:
(1) A boat may not tow more than one water skier at a time.
(2) Ski lines shall be taken onboard immediately after being used by the skier.
(c)] Hopewell Lake--French Creek State Park. The operation of boats powered by internal combustion motors is prohibited.
[(d)] (c) * * *
[(e)] (d) * * *
§ 111.21. Cumberland County.
(a) [Good Hope Mill Dam, Conodoquinet Creek.
(1) Boats are limited to a slow, minimum height swell speed from the Good Hope Mill Dam upstream to the Sample Bridge Road Bridge.
(2) Air propeller driven boats and boats designed for racing, hydroplanes, jet boats, all terrain vehicles, air cushion effect vehicles or similar unique designs and personal watercraft are prohibited.
(b)] Laurel Lake--Pine Grove Furnace State Park. The operation of boats powered by internal combustion motors is prohibited.
[(c)] (b) * * *
[(d)] (c) Power Company Dam (Cove Hill) [Conodoquinet] Conodoguinet Creek.
* * * * * § 111.54. Schuylkill County.
(a) Locust Lake--Locust Lake State Park. The operation of boats powered by internal combustion motors is prohibited.
(b) Tuscarora Lake--Tuscarora Lake State Park. The operation of boats powered by internal combustion motors is prohibited.
[Pa.B. Doc. No. 03-511. Filed for public inspection March 21, 2003, 9:00 a.m.]
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