NOTICES
Removal of Certain Refuge Areas
[40 Pa.B. 4464]
[Saturday, August 7, 2010]Under 58 Pa. Code § 67.2 (relating to refuge areas), the Executive Director of the Fish and Boat Commission (Commission), with the approval of the Commission, may designate waters as refuge areas to which 30 Pa.C.S. § 2306 (relating to refuge areas), shall apply. Section 2306 of 30 Pa.C.S. provides that the Commission may set aside, in its discretion, areas as it may judge best as refuge areas in which fishing or entry shall be prohibited for periods of time as the Commission prescribes. According to the regulation, the designation of waters as refuge 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. Refuge areas are closed to public fishing except during the period from June 15 until the last day of February of the following year. It is unlawful to disturb fish or other aquatic life in refuge areas by any means, including wading, throwing stones, rocks or other objects or otherwise agitating the waters. The regulation will not be construed to prohibit fishing in such areas during the extended trout season.
Based on current conditions, there are reasons to remove the refuge area designation from 18 streams. For example, some streams are no longer being maintained as marked refuge areas, some streams are no longer stocked with trout and some streams are simply not being well utilized by anglers. These conditions are inconsistent with the premise for the use of refuge areas. Therefore, the Commission removed the refuge area designations from the sections of the following waters that have been so designated for the following reasons, consistent with its notice published at 40 Pa.B. 3029 (June 5, 2010):
County Water Area Rationale
for RemovalCambria/Clearfield Chest Creek No marked refuge areas Clearfield Little Clearfield Creek No marked refuge areas Clearfield Gifford Run No marked refuge areas Clearfield Mosquito Creek Unstocked water Elk Bear Creek Low use of refuge areas Elk Big Mill Creek Low use of refuge areas Elk/McKean Wilson Run Low use of refuge areas Forest Bluejay Creek No marked refuge areas Luzerne/Wyoming Bowman Creek No marked refuge areas Lycoming White Deer Hole Creek Low use of refuge areas McKean Combs Creek Low use of refuge areas McKean East Branch Tunungwant Creek Unstocked water McKean Lewis Run Unstocked water Monroe Tobyhanna Creek No marked refuge areas Snyder Swift Run Low use of refuge areas Schuylkill Little Schuylkill River No marked refuge areas Warren Farnsworth Branch No marked refuge areas Warren West Branch Tionesta Creek No marked refuge areas The sections of the following waters that have designated as refuge areas will remain in the program so long as they are maintained by a local sponsor. Any refuge areas that are not maintained by a local sponsor in the future will be proposed for removal at a later date.
County Water Area Cameron Hicks Run Cameron Mix Run Cameron Upper Jerry Run Cameron Wykoff Run Clearfield Jack Dent Branch Elk Medix Run McKean Chappel Fork McKean Kinzua Creek McKean Kinzua Creek, South Branch McKean Skinner Creek McKean Sugar Run McKean Sugar Run, North Branch McKean Tionesta Creek, East Branch McKean Two Mile Run McKean Willow Creek McKean Wilson Run Warren Two Mile Run JOHN A. ARWAY,
Executive Director
[Pa.B. Doc. No. 10-1452. Filed for public inspection August 6, 2010, 9:00 a.m.]
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