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PA Bulletin, Doc. No. 24-1246

RULES AND REGULATIONS

Title 58—RECREATION

FISH AND BOAT COMMISSION

[58 PA. CODE CH. 65]

Fishing; Special Fishing Regulations

[54 Pa.B. 5614]
[Saturday, September 7, 2024]

 The Fish and Boat Commission (Commission) amends Chapter 65 (relating to special fishing regulations). The Commission is publishing this final-form rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The amendment deletes Glade Run Lake, Butler County from § 65.24 (relating to miscellaneous special regulations).

A. Effective Date

 This final-form rulemaking will go into effect January 1, 2025.

B. Contact Person

 For further information on this final-form rulemaking, contact Renae Kluk Kiehl, 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 amendment to § 65.24 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 specific purpose and background of the amendment is described in more detail under the summary of changes.

E. Summary of Changes

 Glade Run Lake is a 52-acre impoundment owned by the Commonwealth, managed by the Commission and located in Middlesex Township, Butler County which is approximately 10 miles south of the City of Butler. The dam impounds Glade Run at river mile (RM) 9.3 upstream from its confluence with Connoquenessing Creek at RM 34.3. This reservoir was completely dewatered during the spring of 2011 to upgrade the dam and spillway structures per Department of Environmental Protection dam safety standards. Following the completion of these repairs and modifications, refill occurred in the winter of 2017, and the Commission stocked the lake from 2017 through 2023 with select fish species, to establish a high-quality, warm-water and cool-water fishery.

 Since 2017, Glade Run Lake has been managed under § 65.24, which allows for the harvest of trout under § 61.1 (relating to Commonwealth inland waters), seasons, sizes and daily limits but no harvest of other fish species. The intent was to facilitate rapid development of the warm-water and cool-water fish populations in the absence of harvest while allowing for the harvest of trout as the lake is included in the Commission's Stocked Trout Waters program. Once the warm-water and cool-water fish populations were sufficiently re-established, the lake would then be recommended for removal from the miscellaneous special regulations and moved to one or more of the Commission's existing regulation programs.

 The black bass and panfish populations were evaluated from 2019 through 2023 to monitor progress towards development of a high-quality, warm-water and cool-water fishery. Sportfish abundance and population size structure have improved to levels where populations can now sustain limited harvest. As such, it is recommended that Glade Run Lake be deleted from miscellaneous special regulations, allowing Commission staff to consider this reservoir for management under §§ 65.9 and 65.11 (relating to big bass; and panfish enhancement).

 The Commission amends § 65.24 to read as set forth at 54 Pa.B. 3523 (June 22, 2024).

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 54 Pa.B. 3523. The Commission received no comments for this proposal.

Findings

 The Commission finds that:

 (1) Public notice of intention to adopt the amendment 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 no public comments were received for the proposal.

 (3) The adoption of the amendment 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 Chapter 65, are amended by amending § 65.24 to read as set forth at 54 Pa.B. 3523.

 (B) The Executive Director will submit this order and 54 Pa.B. 3523 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 54 Pa.B. 3523 and deposit them with the Legislative Reference Bureau as required by law.

 (D) This order shall take effect on January 1, 2025.

TIMOTHY D. SCHAEFFER, 
Executive Director

Fiscal Note: Fiscal Note 48A-353 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 24-1246. Filed for public inspection September 6, 2024, 9:00 a.m.]



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