NOTICES
Proposed Nursery Water Designations and Re-Designations
[39 Pa.B. 7164]
[Saturday, December 19, 2009]Under 58 Pa. Code § 67.1 (relating to nursery waters and exhibition areas), the Executive Director of the Fish and Boat Commission (Commission), with the approval of the Commission, may designate waters as nursery waters or exhibition areas to which the penalties of section 2106 of the Fish and Boat Code, 30 Pa.C.S. § 2106 (relating to fishing in hatchery or nursery waters) apply. The designation of waters as nursery waters or exhibition areas shall be effective upon posting of the waters after publication of a notice that the waters have been so designated in the Pennsylvania Bulletin.
The last comprehensive designation of nursery waters by the Commission occurred in 1984. Since that time, changes have occurred on several of these waters, thereby making their designations as nursery waters no longer appropriate. At the next Commission meeting on January 27 and 28, 2010, the Commission will consider the following designations or re-designations of nursery waters.
The Commission designated the following waters in the past as nursery waters, and the Commission proposes that they be maintained and posted as such and continue to be designated as nursery waters:
County Water Limits Centre Spring Creek In Bellefonte from the trestle immediately above the falls downstream to the Lamb Street Bridge Crawford Pymatuning Lake Sanctuary and spillway area Elk East Branch Clarion River A section of the East Branch of the Clarion River where the East and West Branches meet to form the Clarion River upstream to the Venners Island Bridge (approximately 1/4 mile in length) Erie Godfrey Run Entire stream Erie Crooked Creek From Ables Road Bridge downstream to a wire just above the mouth (approximately 1/4 mile in length) Erie Trout Run Entire stream including an unnamed tributary flowing from the Fairview State Fish Hatchery Erie Orchard Beach Run Entire stream Franklin Dickey's Run 100 feet on the Mercersburg Sportsman's Association property Franklin Falling Springs Creek From the US Route 30 bridge downstream approximately 300 feet to Walker Road Potter Commissioner Run Located on Historical and Museum Commission property Potter One Acre Pond Located at Lumber Museum—Denton Hill State Park The Commission previously designated the following waters as nursery waters to protect spawning walleye and therefore closed them to fishing on a seasonal basis only. Currently, these nursery waters are closed from March 1 to April 15. The Commission proposes that these waters continue to be designated as nursery waters but that the annual time period for the designations be extended from April 15 to the first Saturday in May to provide for additional protection for spawning walleyes.
County Water Limits Crawford Linesville Creek From the mouth upstream to the Conrail Railroad Bridge north of SR 6 in Linesville (Annually from March 1 to the first Saturday in May) Crawford Padden (Finley) Creek From the mouth upstream to Finley Bridge on SR 6 (Annually from March 1 to the first Saturday in May) The following waters no longer require designation as nursery waters or exhibition areas for the reasons provided, and therefore, the Commission proposes that they be removed from the current list:
County Water Limits Carbon Hock Run From the source downstream to SR 534 (Approximately one mile in length) No Longer Maintained; Cooperative Nursery Defunct Cumberland Middle Spring Creek In Shippensburg
No Longer MaintainedErie Elk Creek Portions posted as temporary nursery waters for Chinook Salmon
No Longer Maintained Or NeededHuntingdon Lake Raystown Seven Points Marina fish display tank
No Longer MaintainedLancaster Lititz Spring A pool located in Lititz Spring Park
No Longer MaintainedPotter Allegheny River 200-foot area at the confluence of the Allegheny River and Mill Creek
No Longer MaintainedPotter Allegheny River 500-foot area from the Chestnut Street Bridge to the lower end of the flood control channel
No Longer MaintainedWashington Cross Creek Lake Entire lake
No Longer Maintained; Lake Open To Public FishingWayne Lake Wallenpaupack Mangan Spring and Run and that portion of Mangan Cove into the lake for a distance of 150 yards from the high water mark
No Longer Maintained; Cooperative Nursery DefunctAt this time, the Commission is soliciting public input concerning the previous designations or re-designations. Persons with comments, objections or suggestions concerning the designations or re-designations are invited to submit comments in writing to 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 by completing the form at www.fishandboat.com/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 Director
[Pa.B. Doc. No. 09-2345. Filed for public inspection December 18, 2009, 9:00 a.m.]
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