PROPOSED RULEMAKING
FISH AND BOAT COMMISSION
[58 PA. CODE CH. 63]
General Fishing Regulations
[35 Pa.B. 6539] The Fish and Boat Commission (Commission) proposes to amend Chapter 63 (relating to general fishing regulations). The Commission is publishing this proposed rulemaking under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The proposed rulemaking modifies the regulation concerning the use of long bows, crossbows, spears and gigs. In addition, the proposed rulemaking updates the regulation regarding field dressing of fish and provides more detailed regulation of officially-recognized fish cleaning stations.
A. Effective Date
The proposed rulemaking, if approved on final-form, will go into effect upon publication in the Pennsylvania Bulletin.
B. Contact Person
For further information on the proposed rulemaking, contact Jason E. Oyler, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's website at www. fish.state.pa.us.
C. Statutory Authority
The proposed amendment to § 63.8 (relating to long bows, crossbows, spears and gigs) and the proposed addition of § 63.15a (relating to officially-recognized fish cleaning stations) are published under the statutory authority of section 2102 of the code (relating to rules and regulations). The proposed amendment to § 63.15 (relating to field dressing of fish) is published under the statutory authority of section 2102 of the code and section 2907.3 of the code (relating to fishing guide and charter boat permits).
D. Purpose and Background
The proposed rulemaking is designed to update, modify and improve the Commission's regulations relating to the use of long bows, crossbows, spears and gigs and fish cleaning and disposal of fish. The specific purpose of the proposed rulemaking is described in more detail under the summary of proposals.
E. Summary of Proposals
(1) Section 63.8. Currently, this section allows carp, gar, suckers and eels to be taken with long bows, crossbows, spears or gigs. However, spotted gar is listed as an endangered species and longnose gar is listed as a candidate species in this Commonwealth. In addition, the American eel is currently under review by the United States Fish and Wildlife Service for possible listing as a Federally endangered or threatened species. The Commission believes that to allow continued harvest of ''gar'' and ''eels'' by these gears is inconsistent with the protection of species of special concern, and the species should be eliminated from § 63.8(a). Accordingly, the Commission proposes to amend § 63.8 to read as set forth in Annex A.
(2) Sections 63.15 and 63.15a. During the early part of 2005, the Commission, with the assistance of a workgroup comprised of charter boat captains and fishing guides, developed regulations pertaining to charter boat/fishing guide operations. A concern was raised during the workgroup meetings regarding the current field dressing of fish regulations in § 63.15. The workgroup, especially the charter captains, requested a change in the regulations to allow them to fully process fish caught by their customers.
Also, the Commission is aware of the development of several noncommercial official fish cleaning stations on the Lake Erie shoreline and at other locations throughout this Commonwealth. These facilities are generally open to the public for their use at no cost to process their catch. The current regulations prohibit anglers using these facilities to fully process their catch.
Accordingly, the Commission proposes to amend its regulations to address the concerns raised by the charter captains and to provide anglers with the ability to fully process their catch at an officially recognized noncommercial fish cleaning station. The proposed rulemaking also addresses the disposal of fish carcasses and parts thereof in Commonwealth waters and adjacent lands. The proposed rulemaking provides for a greater degree of uniformity in the processing of fish and carcass disposal with the current regulations in New York and Ohio.
In addition, the Commission proposes to add § 63.15a. This new section allows for two types of officially recognized fishing cleaning stations--commercial and noncommercial. Operators of commercial stations are required to give the person who receives a filleted fish a signed, dated receipt indicating the species and the number of fish dressed. Operators of noncommercial stations are not. The proposed rulemaking also clarifies that the operator of an officially-recognized fish cleaning station will allow officers authorized to enforce the code access to the station to inspect angler catches to determine compliance with seasons, sizes and creel limits. The Commission proposes to amend § 63.15 and add § 63.15a to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will create no new paperwork requirements because the Commission's current regulations allow for operators of fish cleaning stations to apply for official recognition. Paperwork may increase slightly because the Commission anticipates that more operators of noncommercial stations will apply for official recognition status.
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. There is no fee to apply for recognition as an officially recognized fish cleaning station.
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 proposed rulemaking in 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. Electronic comments submitted in any other manner will not be accepted.
DOUGLAS J. AUSTEN, Ph.D.,
Executive DirectorFiscal Note: 48A-178. 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 § 63.8. Long bows, crossbows, spears and gigs.
(a) General. Except as otherwise provided in this part, carp[, gar,] and suckers [and eels] may be taken with long bows and arrow, including compound bows, crossbows, spears or gigs at any hour of the day or night aided by a light at night if so desired, in Commonwealth waters and waters bounding and adjacent thereto.
* * * * * § 63.15. Field dressing and disposal of fish.
[(a) It is unlawful to fillet fish having a minimum size limit or closed season until the fish have arrived at the place of consumption. Fish may be field dressed but the head and tail shall remain intact.
(b) Fish without minimum size limits or closed season may be filleted but the skin shall remain on the fillet until it has arrived at the place of consumption.
(c) This section does not apply to fish caught or sold in compliance with Chapter 31 of the code (relating to regulated fishing lakes). This section applies to catches of fish caught under a Lake Erie commercial license under Chapter 29 of the code (relating to special licenses and permits) only until the fish reach established retail or wholesale markets.
(d) This section does not apply to fish filleted or dressed at an officially-recognized fish cleaning station. The skin shall remain attached to the fillet for species, other than yellow perch, subject to a minimum size limit and the size of the fillet for a fish subject to a minimum size limit, including yellow perch, shall be at least 75% of the minimum size limit for that species. The operator of the fish cleaning station shall give the person who receives the filleted fish a signed, dated receipt indicating the species and the number of fish dressed. Operators of fish cleaning stations may apply for official recognition to:
Director, Bureau of Law Enforcement
Pennsylvania Fish and Boat Commission
Post Office Box 67000
Harrisburg, Pennsylvania 17106-7000](a) Except as otherwise provided in this section, it is unlawful to possess a fish in any form or condition other than in the whole or having the entrails removed while on shore, along the waters of this Commonwealth, onboard a boat or on a dock, pier, launch area or a parking lot adjacent thereto.
(b) Fish may be processed fully if they are being prepared for immediate consumption.
(c) This section does not apply to fish processed at a fish cleaning station officially recognized under § 63.15a (relating to officially-recognized fish cleaning stations).
(d) Provided that the requirements of this subsection are met, this section does not apply to fish processed by a permitted charter boat/fishing guide operation. The charter boat operator or fishing guide may fully process the fish at any time provided the charter boat operator or fishing guide retains the carcass until possession of the fish is transferred to the customer on shore. The charter boat operator or fishing guide shall give the customer who receives the processed fish a signed, dated receipt on the form prescribed by the Commission.
(e) This section does not apply to fish caught or sold in compliance with Chapter 31 of the code (relating to regulated fishing lakes).
(f) This section does not apply to fish caught under a Lake Erie commercial license issued consistent with Chapter 29 of the code (relating to special licenses and permits) after the fish reach established retail or wholesale markets.
(g) It is unlawful to discard any fish carcass or parts thereof into the waters of this Commonwealth within 100 feet of shore, a dock or launch ramp or upon any public or private lands contiguous to and within 100 feet of the water except for the following:
(1) On lands with the permission of the landowner.
(2) When fish are properly disposed into suitable garbage or refuse collection systems or at officially recognized fish cleaning stations.
§ 63.15a. Officially-recognized fish cleaning stations.
(a) Types.
(1) Commercial. An operator of a fish cleaning station that provides services to the public for a fee may apply for recognition as an official commercial fish cleaning station.
(2) Noncommercial. An operator of a fishing cleaning station that provides services at no cost may apply for recognition as an official noncommercial fish cleaning station.
(b) Receipts. Except as provided in this subsection, the operator of an officially-recognized fish cleaning station shall give the person who receives the filleted fish a signed, dated receipt on the form prescribed by the Commission. This subsection does not apply to the operator of a noncommercial fish cleaning station.
(c) Inspection. The operator of an officially-recognized fish cleaning station shall allow officers authorized to enforce the code unrestricted access to the station to inspect angler catches for compliance with seasons, sizes and creel limits.
(d) Application. An operator of a fish cleaning station may apply for official recognition to:
Director, Bureau of Law Enforcement
Pennsylvania Fish and Boat Commission
Post Office Box 67000
Harrisburg, Pennsylvania 17106-7000
[Pa.B. Doc. No. 05-2208. Filed for public inspection December 2, 2005, 9:00 a.m.]
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