PROPOSED RULEMAKING
[ 58 PA. CODE CH. 63 ]
Fishing; Authorized Devices
[43 Pa.B. 5466]
[Saturday, September 14, 2013]The Fish and Boat Commission (Commission) proposes to amend Chapter 63 (relating to general 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 upon final-form publication in the Pennsylvania Bulletin.
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 amendments to § 63.6 (relating to authorized devices for game fish, baitfish and fishbait) are published under the statutory authority of section 2102 of the code (relating to rules and regulations).
D. Purpose and Background
The proposed rulemaking is designed to improve, enhance and update the Commission's fishing regulations. The specific purpose of the proposed amendments is described in more detail under the summary of proposal.
E. Summary of Proposal
Section 63.6(a) limits the number of hooks per line to three (a single hook, as defined in this Commonwealth, may contain up to three points). Recently, several individuals and a representative from a tournament angling organization requested that the Commission accommodate use of the ''Alabama rig.'' The Alabama rig is an umbrella type rig that contains five lures on short wire lines that merge to one point for attachment to a fishing line. The Alabama rig has been observed to be used in this Commonwealth by the Division of Fisheries Management staff as fished with three hooked lures and two ''teaser'' lures not containing hooks. After the Bureau of Fisheries and the Bureau of Law Enforcement explored the issue, a sound biological or enforcement reason was not found to change the regulation to allow for this type of tackle.
Although initial interest to change the regulation came from a black bass organization, changes to the regulation would affect other species as well. Striped bass anglers also use this type of device.
With respect to black bass, it appears that use of the rig in other states has been directed to a rather small component of black bass populations, that is, bass that occupy habitats that were lightly exploited or that were previously not vulnerable to capture using conventional gear types. Where habitats exist and are occupied by black bass in this Commonwealth, the Commission might expect an increase in catch. The fraction of catch that is harvested is typically low for black bass, 7% as measured in the 2007 Susquehanna River Creel survey. Likewise, the percentage of released bass that perish is typically low (10-12%) as measured in reservoirs in this Commonwealth and elsewhere using conventional tackle. Commission staff presume that catch and release loss associated with the Alabama Rig will likewise be low.
Commission staff looked at the regulations of surrounding states and found that there is not a real consensus in terms of a limit on hooks. Several states allow more than three hooks or do not have a limit on hooks. New Jersey allows up to nine hooks or three treble hooks per line while New York allows five baits/lures. Virginia and West Virginia do not have limits on rods or hooks except for trout fishing. Ohio is the only state that has a regulation that closely mirrors the Commonwealth's with a two-rod/three-hook maximum.
The Commission therefore proposes to amend § 63.6 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 of this proposed rulemaking 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-249. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART II. FISH AND BOAT COMMISSION
Subpart B. FISHING
CHAPTER 63. GENERAL FISHING REGULATIONS § 63.6. Authorized devices for game fish, baitfish and fishbait.
(a) It is unlawful to fish for game fish with more than three lines of any description, whether fished by rod or by hand, at one time except while ice fishing in accordance with § 63.10 (relating to ice fishing). [No more than three hooks may be attached to line used in fishing for game fish.] There is not a restriction on the number of hooks used for fishing for game fish. Rods, lines and hooks shall be under the immediate control of the person using them. A fishing device shall be deemed to be under the immediate control of the person using it if, when the terminal device (hook, bait or lure) is taken by a fish, the person using the device has direct control over it and it is not connected at that point to a casting or depth placement aid such as a casting boat or downrigger. Casting or depth placement aids such as downriggers or small remote controlled boats are not prohibited by this chapter.
(b) It is unlawful to fish for baitfish with more than three lines of any description, whether fished by rod or by hand, at one time [with not more than three hooks attached to each line]; a dip-net or minnow seine not over 4 feet square or 4 feet in diameter, and a minnow trap, with not more than two openings, which may not exceed 1 inch in diameter. There is not a restriction on the number of hooks used for fishing for baitfish. Rods, lines, hooks, nets and seines used in fishing for fishbait and baitfish shall be under the immediate control of the person using the same. For the purposes of this subpart, gizzard shad (Dorosoma cepedianum) 8 inches or less in length are considered baitfish.
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[Pa.B. Doc. No. 13-1669. Filed for public inspection September 13, 2013, 9:00 a.m.]
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