PROPOSED RULEMAKINGS
FISH AND BOAT COMMISSION
[ 58 PA. CODE CH. 65 ]
Fishing; Special Fishing Regulations
[43 Pa.B. 2034]
[Saturday, April 13, 2013]The Fish and Boat Commission (Commission) proposes to amend Chapter 65 (relating to special 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).
A. Effective Date
The proposed rulemaking, if approved on final-form rulemaking, will go into effect on January 1, 2014.
B. Contact Person
For further information on the proposed rulemaking, contact Wayne Melnick, Esq., P. O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This proposed rulemaking is available on the Commission's web site at www.fish.state.pa.us.
C. Statutory Authority
The proposed amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of section 2307(a) of the code (relating to waters limited to specific purposes).
D. Purpose and Background
The proposed rulemaking is designed to enhance and update the Commission's fishing regulations. The specific purpose of the proposed amendment is described in more detail under the summary of proposal.
E. Summary of Proposal
Penns Creek, Section 03 (confluence of Elk Creek downstream to 600 meters downstream of Swift Run), was managed as a stocked trout fishery until 1992 when it was designated by the Commission as a Class A wild trout stream and the stocking of hatchery trout ceased. During 1993, landowner and angler surveys were conducted to help inform a management direction for this stream section. Based on the survey information gathered as well as biological data collected during 1991 and 1992, miscellaneous special regulations (later renamed all-tackle trophy trout under § 65.4a (relating to all-tackle trophy trout)) were developed for Section 03 and implemented on January 1, 1995. Section 03 has been managed as all-tackle trophy trout for the last 17 years (1995-2012). Commission fishery surveys conducted between 1995 and 2012 documented that the Penns Creek wild brown trout population responded positively since the stocking cessation and the implementation of all-tackle trophy trout regulations and has subsequently maintained itself at a high level over time in terms of both abundance and size structure.
During 2012, Commission staff conducted a review of the management of Penns Creek, Section 03. As a result of the assessment, there was internal support for evaluating whether the size structure of the wild brown trout population could be further enhanced by implementing a more restrictive angling regulation that would provide increased protection to the largest fish in the population. To obtain public feedback on a potential regulation change, Commission staff contacted landowners with a letter and also conducted a public meeting on June 16, 2012, in Aaronsburg, PA.
To meet the Commission's objective of further improving the size structure of the wild brown trout population in Penns Creek, Section 03, so that the abundance of large fish in the population is maximized while also considering the public feedback received, the Commission proposes that this stream section be removed from the All-Tackle Trophy Trout Program under § 65.4a and a new harvest slot limit be established on an experimental basis. The Commission proposes that the regulation be established for a 7-year period from January 1, 2014, through December 31, 2020, during which time the trout population would be monitored to determine the effectiveness of the regulation at meeting biological and social objectives for the Penns Creek fishery. The new regulation would allow for the harvest of up to 2 trout per day that are at least 7 inches but less than 12 inches in length from the opening day of trout season through Labor Day and no harvest would be permitted for the remainder of the year. The Commission proposes that all tackle types be permitted.
Penns Creek provides a unique opportunity to evaluate a new special regulation on a productive limestone stream. The productive nature of Penns Creek provides ideal conditions to allow for a favorable response of the wild brown trout population to trend toward larger sizes than may be occurring under the current all-tackle trophy trout regulations, which may be limiting the abundance of larger trout and population size structure.
The Commission therefore proposes that § 65.24 be amended to read as set forth in Annex A.
F. Paperwork
The proposed rulemaking will not increase paperwork and will not create new paperwork requirements.
G. Fiscal Impact
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will not impose 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 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.
JOHN A. ARWAY,
Executive DirectorFiscal Note: 48A-240. 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 * * * * * Centre and Mifflin Penns Creek, from the confluence of Elk Creek downstream 7 miles to 600 meters downstream of Swift Run Open to fishing year-round. All tackle types are permitted. From
8 a.m. on the first Saturday after April 11 through Labor Day—the daily creel limit for trout is 2 (combined species). Trout must be at least 7 inches but less than 12 inches in length to be killed or possessed.
From the day after Labor Day until 8 a.m. on the first Saturday after April 11, no trout may be killed or possessed.
Inland regulations apply to all other species.
This miscellaneous special regulation will remain in effect until December 31, 2020.* * * * *
[Pa.B. Doc. No. 13-656. Filed for public inspection April 12, 2013, 9:00 a.m.]
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