STATEMENTS OF POLICY
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 57]
Allocation and Stocking of Trout
[35 Pa.B. 2417] The Fish and Boat Commission (Commission) proposes changes to a statement of policy in Chapter 57 (relating to statements of policy) that relates to publicizing the stocking of fish. Although not required to publish a notice of proposed rulemaking to adopt a statement of policy, the Commission is publishing the proposed statement of policy in this manner and is seeking public comments because of the heightened public interest in this issue. The Commission is publishing this proposed statement of policy under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code).
A. Effective Date
The proposed statement of policy, if approved, will go into effect upon publication of an order adopting the statement of policy in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed statement of policy, contact Laurie E. Shepler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7815. This proposed statement of policy is available on the Commission's website: www.fish.state.pa.us.
C. Statutory Authority
The proposed amendment is published under the statutory authority of section 321 of the code (relating to administration and enforcement) that provides that the Commission shall administer and enforce the code and other laws of this Commonwealth regarding the protection, propagation and distribution of fish.
D. Purpose and Background
At the November 8, 1985, meeting, the Commission formally adopted a statement of policy for the allocation and stocking of adult trout. That statement of policy provides that trout are allocated to individual waters on a classification basis without regard to county lines and that the assignment of waters to stocking categories is based on biological and social factors. Eight stocking categories were identified, including ''wild trout: no stocking,'' high yield, basic yield I, basic yield II, basic yield III, low yield, rivers and lakes. Although the statement of policy utilized the general term ''wild trout,'' the term in practice included only Class A and wilderness trout streams. The names of the other categories were changed over the years.
The Commission's fisheries staff are committed to reengineering the Commission's trout management approach. Allocation of legal-size stocked trout is a major part of the agency's trout management plans. Adjusting this statement of policy will allow staff initiative without the burden of the eight resource categories identified in the original policy and will increase flexibility for consideration of public interests in the stocking of individual waters.
E. Summary of Proposal
The Commission proposes an amendment to the statement of policy under which the Commission will allocate trout, except fingerlings, to individual waters with the rate and frequency to be determined by the assignment of each water to a resource category. Under the proposal, the Commission will assign waters areas to resource categories based on appropriately weighted biological and social factors.
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 proposed statement of policy 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 proposal to the Executive Director, Fish and Boat Commission, P. O. Box 67000, Harrisburg, PA 17106-7000 within 30 days after publication of this proposalin the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted.
Comments also may be submitted electronically by completing the form at www.state.pa.us/Fish/ regcomments. If an acknowledgment of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-168. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 57. STATEMENTS OF POLICY
Subchapter A. FISHERIES POLICIES § 57.2. Allocation and stocking of legal-size trout.
(a) [Trout stocked will be allocated to individual water areas with no consideration of county lines. The rates and frequencies of stocking will be determined by assignment of each water area to an appropriate resource-based stocking category.
(b) Assignment of water areas to stocking categories will be based on consideration and rating of biological and social factors including: status of wild trout population; stream width or lake surface areas; recreational potential as indicated by public access, parking spaces and ownership; and proximity to urban areas.
(c) Stocking categories include:
(1) Wild trout: no stocking.
(2) High yield.
(3) Basic yield I.
(4) Basic yield II.
(5) Basic yield III.
(6) Low yield.
(7) Rivers.
(8) Lakes.] The Commission will allocate trout, except fingerlings, to individual waters with the rate and frequency to be determined by the assignment of each water to a resource category.
(b) The Commission will assign water areas to resource categories based on appropriately weighted biological and social factors, including the status of wild trout populations, stream width or lake area and recreational use potential as indicated by public access, parking spaces, ownership, proximity to roads, proximity to urban areas and activities of resource adoption organizations.
(c) The Division of Fisheries Management will maintain a current list of resource categories, trout allocation processes and trout allocations.
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[Pa.B. Doc. No. 05-772. Filed for public inspection April 22, 2005, 9:00 a.m.]
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