RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[ 58 PA. CODE CHS. 61, 63, 65 AND 69 ]

Fishing

[51 Pa.B. 7697]
[Saturday, December 11, 2021]

 The Fish and Boat Commission (Commission) amends Chapters 61, 63, 65 and 69. The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code). The amendments will simplify regulations pertaining to black bass, while improving their management and optimizing the fishery for this species group.

A. Effective Date

 This final-form rulemaking will go into effect on January 1, 2022.

B. Contact Person

 For further information on this final-form rulemaking, contact Wayne Melnick, Esq., P.O. Box 67000, Harrisburg, PA 17106-7000, (717) 705-7810. This final-form rulemaking is available on the Commission's web site at www.fishandboat.com.

C. Statutory Authority

 The amendments to §§ 61.1, 61.2 and 69.12 (relating to Commonwealth inland waters; Delaware River, West Branch Delaware River and River Estuary; and seasons, sizes, and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters) are published under the statutory authority of 30 Pa.C.S. § 2102(b) (relating to rules and regulations). The amendments to §§ 63.43 and 65.9 (relating to fishing for bass during spring season; and big bass) are published under the statutory authority of 30 Pa.C.S. § 2102(a). The amendment to § 65.24 (relating to miscellaneous special regulations) is published under the statutory authority of 30 Pa.C.S. § 2307(a) (relating to waters limited to specific purposes).

 Additionally, amendments to these sections are published under the statutory authority of section 506 of The Administrative Code of 1929 (71 P.S. § 186).

D. Purpose and Background

 The specific purpose and background of the amendments are described in more detail under the summary of changes.

E. Summary of Changes

 Commission staff have identified an opportunity to simplify regulations pertaining to black bass (that is, largemouth bass, smallmouth bass, and spotted bass) while improving upon black bass management and optimizing the fishery for that species group. A modification to black bass regulations pertaining to the start and end of seasons, creel and minimum size limits, and uniformity among resources categories (that is, lakes, rivers and streams) would allow anglers to interpret regulations more easily. As such, amendments to §§ 61.1, 65.9, 65.24 and 69.12 are warranted.

 Current Commonwealth inland waters angling regulations require catch and immediate release of black bass from 12:01 a.m. the first Saturday after April 11 to 12:01 a.m. the first Saturday after June 11. Black bass seasons defined in Commonwealth inland waters regulations are also incorporated in other special regulations or watershed-specific regulations, or both, requiring changes to multiple regulations specific to the management of black bass throughout this Commonwealth. Additionally, black bass daily creel and minimum size limits are not consistent among lakes, rivers and streams, which can lead to regulatory confusion by anglers.

 For these reasons, Commission staff recommend amendments to Commonwealth inland waters regulations specific to black bass. In doing so, amendments to seasons as defined in big bass regulations, miscellaneous special regulations and Lake Erie basin regulations are also warranted to establish regulatory consistency. This slight modification to seasons is expected to have minimal impact to both general angling for black bass as well as tournaments. Additionally, aligning black bass daily creel and minimum size limits for waters managed under the Commonwealth inland waters regulations eliminates regulatory complexity, while continuing to provide adequate protection to the resource.

 During the public comment period, the Commission discovered the need for the following modifications to be reflected in this final-form rulemaking: (1) The row for American Shad has been included in the table for § 61.1 to reflect the removal of an asterisks—''AMERICAN SHAD[*]**;'' (2) The row for Hickory Shad has been included in the table for § 61.1 to reflect the removal of an asterisks—''HICKORY SHAD[*]**;'' and (3) The row for River Herring has been included in the table for § 61.1 to reflect the removal of an asterisks—''RIVER HERRING (alewife and blueback herring)[*]**.''

 The Commission therefore amends §§ 61.1, 61.2, 63.43, 65.9, 65.24 and 69.12 to read as set forth in Annex A.

F. Paperwork

 This final-form rulemaking will not increase paperwork and will not create new paperwork requirements.

G. Fiscal Impact

 This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions.

H. Public Comments

 A notice of proposed rulemaking was published at 51 Pa.B. 5679 (September 4, 2021). The Commission received a total of two public comments regarding the proposal: both comments did not pertain to the proposal.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the Act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), referred to as the Commonwealth Documents Law, and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) A public comment period was provided, and a total of two comments were received: both comments did not pertain to the proposal.

 (3) The adoption of the amendments of the Commission in the manner provided in this order is necessary and appropriate for administration and enforcement of the authorizing statutes.

Order

 The Commission, acting under the authorizing statutes, orders that:

 (A) The regulations of the Commission, 58 Pa. Code Chapters 61, 63, 65 and 69, are amended by amending §§ 61.1, 61.2, 63.43, 65.9, 65.24 and 69.12 to read as set forth at Annex A, with ellipses referring to the existing text of the regulations.

 (Editor's Note: See 51 Pa.B. 7691 (December 11, 2021) for additional amendments to §§ 61.1 and 61.2.)

 (Editor's Note: See 51 Pa.B. 7691 (December 11, 2021) and 51 Pa.B. 7703 (December 11, 2021) for additional amendments to § 65.24.)

 (Editor's Note: See 51 Pa.B. 7704 (December 11, 2021) for additional amendments to § 69.12.)

 (B) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as to legality and form as required by law.

 (C) The Executive Director shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (D) This order shall take effect on January 1, 2022.

TIMOTHY D. SCHAEFFER, 
Executive Director

 Fiscal Note: Fiscal Note 48A-320 remains valid for the final adoption of the subject regulation.

Annex A

TITLE 58. RECREATION

PART II. FISH AND BOAT COMMISSION

Subpart B. FISHING

CHAPTER 61. SEASONS, SIZES AND CREEL LIMITS

§ 61.1. Commonwealth inland waters.

*  *  *  *  *

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*  *  *  *  *
AMERICAN EEL	Open year-round	9 inches	25
BASS—Largemouth and Smallmouth and Spotted	January 1 to midnight the day before the second Saturday in April and October 1 to midnight December 31*	15 inches	4 (combined species)
	12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June	NO HARVEST—Catch and immediate release only (No Tournaments Permitted)
	12:01 a.m. the second Saturday in June to midnight September 30	12 inches	6 (combined species)
AMERICAN SHAD**	Open year-round	No minimum	3
HICKORY SHAD**	Closed year-round	No minimum	0
GIZZARD SHAD	Open year-round	No minimum	50
RIVER HERRING (alewife and blueback herring)**	Open year-round	No minimum	50
*  *  *  *  *

 * Note: Stocked trout waters are closed to all fishing from the third Monday in February to the second Saturday in April.

 ** Note: Unlawful to take, catch or kill American shad, hickory shad and river herring (alewife and blueback herring) in Susquehanna River and its tributaries. See § 61.4 and 61.7 (relating to Conowingo Reservoir; and Susquehanna River and tributaries).

§ 61.2. Delaware River, West Branch Delaware River and River Estuary.

*  *  *  *  *

 (e) The following seasons, sizes and creel limits apply to the Delaware River, West Branch Delaware River and Delaware River tributaries from the mouths of the tributaries upstream to the limit of the tidal influence and the Lehigh River from its mouth upstream to the first dam in Easton, Pennsylvania:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*  *  *  *  *
BASS Largemouth Smallmouth	January 1 to midnight the day before the second Saturday in April and 12:01 a.m. the second Saturday in June to midnight December 31	12 inches	5 (combined species)
	12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June	NO HARVEST—Catch and immediate release only
*  *  *  *  *

CHAPTER 63. GENERAL FISHING REGULATIONS

§ 63.43. Fishing for bass during spring season.

 (a) During the period from 12:01 a.m. on the second Saturday in April until 12:01 a.m. on the second Saturday in June:

*  *  *  *  *

CHAPTER 65. SPECIAL FISHING REGULATIONS

§ 65.9. Big bass.

*  *  *  *  *

 (b) It is unlawful to take, catch, kill or possess a largemouth, smallmouth or spotted bass on or in designated ''big bass'' waters except in compliance with the following seasons and size and creel limits. It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it was taken.

Seasons	Size (in)	Creel Limit
Lakes: January 1 to midnight the day before the second Saturday in April and 12:01 a.m. the second Saturday in June to midnight December 31	15	4 (combined species)
12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June	NO HARVEST—Catch and immediate release only
Rivers and Streams: January 1 to midnight the day before the second Saturday in April and October 1 to midnight December 31	18	2 (combined species)
12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June	NO HARVEST—Catch and immediate release only
12:01 a.m. the second Saturday in June to midnight September 30	15	4 (combined species)

*  *  *  *  *

§ 65.24. Miscellaneous special regulations.

 The following waters are subject to the following miscellaneous special regulations:

*  *  *  *  *

County	Name of Water	Special Regulations
*  *  *  *  *
Clarion	Beaver Creek Ponds	Closed to fishing from 12:01 a.m. January 1 to 12:01 a.m. the second Saturday in June of each year. Bass—15 inch minimum size limit and a 2 bass daily creel limit for the total project area. Panfish (combined species) 10 fish daily creel limit for the total project area. Other species-inland regulations apply.
*  *  *  *
Cumberland, Dauphin, Juniata, Lancaster, Northumberland, Perry, Snyder, York	Susquehanna River (98.0 miles) from the inflatable dam near Sunbury downstream to Holtwood Dam, including all tributaries to a point 1/2 mile upstream from the confluence	Bass (Smallmouth and Largemouth)—No harvest year-round—catch and immediate release only. From 12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June—No Bass tournaments. Remainder of the year—Catch-measure-immediate release tournaments only. It is unlawful for an angler to repeatedly cast into a clearly visible bass spawning nest or bed in an effort to catch or take bass. A bass caught and immediately returned unharmed to the waters from which taken will not be considered a violation of this section.
Dauphin, Juniata, Perry	Juniata River (31.7 miles) from SR0075 bridge at Port Royal downstream to the mouth, including all tributaries to a point 1/2 mile upstream from the confluence	Bass (Smallmouth and Largemouth)—No harvest year-round—catch and immediate release only. From 12:01 a.m. the second Saturday in April to 12:01 a.m. the second Saturday in June—No Bass tournaments. Remainder of the year— Catch-measure-immediate release tournaments only. It is unlawful for an angler to repeatedly cast into a clearly visible bass spawning nest or bed in an effort to catch or take bass. A bass caught and immediately returned unharmed to the waters from which taken will not be considered a violation of this section.
*  *  *  *  *

CHAPTER 69. FISHING IN LAKE ERIE AND BOUNDARY LAKES

Subchapter B. SPORT FISHING AND ANGLING

§ 69.12. Seasons, sizes and creel limits—Lake Erie, Lake Erie tributaries and Presque Isle Bay including peninsula waters.

*  *  *  *  *

 (f) Except as otherwise provided in subsection (d) and (e) and this subpart, the following seasons, sizes and creel limits apply to Lake Erie, Lake Erie tributaries and Presque Isle Bay, including peninsula waters:

SPECIES	SEASONS	MINIMUM SIZE	DAILY LIMIT
*  *  *  *  *
BASS Largemouth Smallmouth	January 1 to second Saturday in April and second Saturday in June until December 31.	15 inches	4 (combined species)
	Second Saturday in April until second Saturday in June.*	20 inches	1
*  *  *  *  *

 * It is unlawful to conduct or participate in a fishing tournament (as defined in § 63.40 (relating to fishing tournaments and fishing derbies)) for bass on Lake Erie, Lake Erie tributaries or Presque Isle Bay during the period from the second Saturday in April until the second Saturday in June.

*  *  *  *  *

[Pa.B. Doc. No. 21-2061. Filed for public inspection December 10, 2021, 9:00 a.m.]

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